The purpose of this chapter is to promote community health, safety and welfare by protecting natural vegetation, setting development standards for new landscaping and street trees, maintaining the urban canopy through a tree removal system and laying out a process for handling nuisance trees and vegetation. Together, these elements of the natural and built environment contribute to the visual quality, environmental health and character of the community. Trees provide climate control through shading during summer months and wind screening during winter. Trees and other plants can also buffer pedestrians from traffic. Walls, fences, trees and other landscape materials also provide vital screening and buffering between land uses. Landscaped areas help to control surface water drainage and can improve water quality, as compared to paved or built surfaces.
(Ord. 720 § 7[3.2.1], 2003; Ord. 734 § 1, 2005; Ord. 779 § 2, 2012; Ord. 841 § 8, 2020)
A. 
Applicability. All new developments or existing sites being redeveloped that require a site development review for land two acres or larger, containing significant vegetation, as defined in subsection (B) of this section, shall comply with the standards of this section. The purpose of this section is to incorporate significant native vegetation into the landscapes of development and protect significant vegetation that is subject to requirements for sensitive lands (Chapter 18.55 PMC). The use of mature, native vegetation within developments is a preferred alternative to removal of vegetation and replanting. Mature landscaping provides summer shade and wind breaks and allows for water conservation due to larger plants having established root systems.
B. 
Significant Vegetation. "Significant vegetation" means:
1. 
Significant Trees and Shrubs. Individual trees and shrubs with a trunk diameter of 12 inches or greater, as measured four feet above the ground (DBH), and all plants within the drip-line of such trees and shrubs, shall be deemed significant. Other trees may be deemed significant when nominated by the property owner and designated by the planning commission as heritage trees (i.e., by virtue of size, site, rarity, historical significance, etc.).
2. 
Sensitive Lands. Trees and shrubs on sites that have been designated as sensitive lands, in accordance with Chapter 18.55 PMC (e.g., due to slope, natural resource areas, wildlife habitat, etc.) and Chapter 18.85 PMC (Hillside and Erosion Control Overlay) shall be protected.
3. 
Exception. Protection shall not be required for plants listed as nonnative, invasive plants by the Oregon State University Extension Service in the applicable OSU bulletins for Benton County.
C. 
Mapping and Protection Required. Significant vegetation shall be mapped as required by Chapter 18.110 PMC, Development Review and Site Design Review, and Chapter 18.55 PMC, Overlay Districts. Significant trees shall be mapped individually and identified by species and size (diameter at four feet above grade, or DBH). A protection area shall be defined around the edge of all branches (drip-line) of each tree (drip-lines may overlap between trees). The city also will require an inventory, survey, or assessment prepared by a qualified professional when the city deems it necessary to determine vegetation boundaries, building setbacks, and other protection or mitigation requirements.
D. 
Protection Standards. All of the following protection standards shall apply to significant vegetation areas:
1. 
Protection of Significant Trees (subsection (B)(1) of this section). Significant trees identified as meeting the criteria in subsection (B)(1) of this section shall be retained unless it prevents development of public streets, utilities, or land uses permitted by the applicable land use district. Developer shall pay for removal of significant trees, in an amount set by city council by resolution.
2. 
Sensitive Lands (subsection (B)(2) of this section). Sensitive lands shall be protected in conformance with the provisions of Chapter 18.55 PMC.
3. 
Conservation Easements and Dedications. To satisfy these protection standards or as otherwise may be in the best interest of the city, the city may negotiate an applicant's proposed recordation of a conservation easement or dedication of land to protect sensitive lands, including groves of significant trees.
E. 
Construction. All areas of significant vegetation shall be protected prior to, during, and after construction. Grading and operation of vehicles and heavy equipment is prohibited within significant vegetation areas, except as approved by the city for installation of utilities or streets. Such approval shall only be granted after finding that there is no alternative to avoid the protected area, and any required mitigation is provided in conformance with Chapter 18.55 PMC, Overlay Districts.
F. 
Exemptions. The protection standards in subsection (D) of this section shall not apply in the following situations:
1. 
Dead, Diseased, and/or Hazardous Vegetation. Vegetation that is dead or diseased, or poses a hazard to personal safety, property or the health of other trees, may be removed. Prior to tree removal, the applicant shall provide a report from a certified arborist or other qualified professional to determine whether the subject tree is diseased or poses a hazard, and any possible treatment to avoid removal, except as provided by subsection (F)(2) of this section.
2. 
Emergencies. Actions made necessary by an emergency, such as tornado, windstorm, flood, freeze, utility damage or other like disasters, in order to prevent imminent injury or damage to persons or property or to restore order where it is impracticable to apply for a permit due to the circumstances created by the emergency.
3. 
Agriculture, Commercial Tree Farm or Orchard. Tree removal or transplanting that occurs during use of land for commercial agriculture, orchard(s), or tree farm(s) for nursery or Christmas tree production.
4. 
Tree removal by the city or a utility within easements, rights-of-way, or on public lands.
5. 
Abatement of a nuisance as defined in PMC § 9.15.070 or trees owned by the city.
(Ord. 720 § 7[3.2.2], 2003; Ord. 734 § 1, 2005; Ord. 799 § 12, 2015; Ord. 841 §§ 9, 10, 2020; Ord. 857B § 2, 2021)
A. 
Applicability. This section shall apply to all developments requiring site design review and to other developments that require landscaping pursuant to this code.
B. 
Landscaping Plan Required. A landscape plan is required. All landscape plans shall conform to the requirements in PMC § 18.110.050(B)(4), Landscape Plan.
C. 
Landscape Area Standards. The minimum percentage of required landscaping equals:
1. 
Residential districts:
a. 
Twenty percent of the common areas in the subdivision or planned unit development.
b. 
Thirty percent of a single-family lot.
c. 
For the purposes of this section, any lot developed or proposed for development with either a duplex or triplex structure is deemed an individual lot.
2. 
Commercial districts: 20 percent of the property being developed, excluding parcels in C-1 (downtown commercial).
3. 
Industrial districts: A minimum of 20 percent of the site shall be landscaped.
4. 
Public and other districts: 70 percent of setback adjacent to public street.
D. 
Landscape Materials. Landscape materials include trees, shrubs, ground cover plants, nonplant ground covers, and outdoor hardscape features, as described below:
1. 
Vegetation. Living vegetation shall be preserved or planted as part of the landscaping requirements.
2. 
Plant Selection. A combination of deciduous and evergreen trees, shrubs and ground covers shall be used for all planted areas. Soils shall be amended to support healthy plant growth.
3. 
Nonnative, invasive plants, as per PMC § 18.70.020(B), are prohibited.
4. 
Hardscape features (i.e., patios, decks, plazas) may cover up to 60 percent of the required landscape area, except in the central and general commercial and all industrial districts, where hardscape features may cover up to 80 percent of the landscape area. Swimming pools, sports courts and similar active recreation facilities may not be counted toward fulfilling the landscape requirement.
5. 
Nonplant Ground Covers. Bark dust, chips, aggregate or other nonplant ground covers may be used, but shall cover no more than 50 percent of the area to be landscaped. Ground cover plants located in the nonplant ground covers shall be sized and spaced so that they grow together to cover 80 percent of the underlying soil within four years. Coverage is measured based on the size of plants at maturity or after four years of growth, whichever comes sooner.
6. 
Tree Size. Trees shall have a minimum caliper size of two and one-half inches or greater, or be eight feet or taller, at time of planting.
7. 
Shrub Size. Shrubs shall be planted from one gallon containers or larger.
8. 
Significant Vegetation. Significant vegetation preserved in accordance with PMC § 18.70.020 may be credited toward meeting the minimum landscape area standards. Credit shall be granted on a per-square-foot basis. The street tree standards of PMC § 18.70.040 may be waived when an applicant demonstrates that trees preserved within the front yard provide the same shading and visual canopy as would otherwise be provided by street trees.
9. 
Stormwater Facilities. Stormwater facilities (e.g., detention/retention ponds and swales) shall be landscaped with water tolerant, native plants.
(Ord. 720 § 7[3.2.3], 2003; Ord. 857B § 3, 2021)
A. 
Applicability.
1. 
The provisions of this section shall apply to any area proposed for commercial or industrial development, redevelopment, or expansion that is subject to site design review and Division 3 of this title, Design Standards.
2. 
Each requirement of this section must be met independently on a site. Landscaping for one of the requirements may not be double counted towards meeting other requirements of this chapter.
B. 
Greenbelts.
1. 
All yards adjacent to streets and rights-of-way shall be landscaped along the entire frontage (except access points) in accordance with Table 18.70.032(B).
Table 18.70.032(B): Frontage Greenbelt Requirements
Application
Greenbelt Depth
Minimum Plantings per 100 Linear Feet
Berm
Deciduous Trees
Evergreen Trees
Ornamental Tree
Shrubs
Commercial, Office and Institutional Uses
10 ft.
3 ft.
2
1
1
20
Industrial
30 ft.
3 ft.
3
3
1
30
Industrial Screening for Outdoor Storage and Truck Loading Areas
40 ft.
4 ft.
3
6
1
40
1) In the C-1, C-2 and OR districts, the planning commission may reduce the greenbelt depth requirement to 10 feet where more than one-half of the parking spaces will be located in the side or rear yard and only one row of parking is located in the front yard or where the commercial building is less than 10,000 square feet.
2) No berm is required for structures constructed to the "build-to" line.
3) Corner lots – linear frontage includes both/all streets.
C. 
Landscape Design Standards. All yards, parking lots and required street tree planter strips shall be landscaped in accordance with the provisions of this chapter (PMC § 18.70.010 through 18.70.040). Landscaping shall be installed with development to provide erosion control, visual interest, buffering, privacy, open space and pathway identification, shading and wind buffering, based on the following standards:
1. 
Yard Setback Landscaping. Landscaping shall satisfy the following criteria:
a. 
Provide visual screening and privacy within side and rear yards, while leaving front yards and building entrances mostly visible for security purposes;
b. 
Use shrubs and trees as wind breaks, as appropriate;
c. 
Retain natural vegetation, as practicable;
d. 
Define pedestrian pathways and open space areas with landscape materials;
e. 
Provide focal points within a development, such as signature trees (i.e., large or unique trees), hedges and flowering plants;
f. 
Use trees to provide summer shading within common open space areas, and within front yards when street trees cannot be provided;
g. 
Use a combination of plants for year-long color and interest; and
h. 
Use landscaping to screen outdoor storage and mechanical equipment areas, and to enhance graded areas such as berms, swales and detention/retention ponds.
2. 
Parking Areas. A minimum of five percent of the combined area of all parking areas, as measured around the perimeter of all parking spaces and maneuvering areas, shall be landscaped. Such landscaping shall consist of an evenly distributed mix of shade trees with shrubs and/or ground cover plants. "Evenly distributed" means that the trees and other plants are distributed around the parking lot perimeter and between parking bays to provide a partial canopy. At a minimum, one tree per five parking spaces total shall be planted to create a partial tree canopy over and around the parking area. All parking areas with more than 20 spaces shall include landscape islands with trees to break up the parking area into rows of not more than 12 contiguous parking spaces. All landscaped areas shall have minimum dimensions of four feet by four feet to ensure adequate soil, water, and space for healthy plant growth.
a. 
Where parking lots are located within the required front yard, a berm, hedge row, three-foot-tall brick or other masonry material wall, or a three-foot-tall wrought iron fence with a continuous evergreen hedge row shall be provided between the parking spaces and the street. The hedge row shall be planted with evergreen or deciduous shrubs, two and one-half feet on center. The landscape greenbelt required by Table 18.70.032(B), Frontage Greenbelt Requirements, shall also be provided. General site development requirements except the hedge row plantings may be credited towards the shrub plantings of Table 18.70.032(B).
b. 
Where a parking lot or loading area for a nonresidential use abuts a residential district or use a minimum six-foot-tall wall shall be provided between the parking lot and residential lot. Walls shall be constructed of brick or other masonry material compatible with the front facade of the principal building as determined by the planning commission. The planning commission may approve a privacy fence where it is more compatible with adjacent residential uses.
3. 
Buffering and Screening Required. Buffering and screening are required under the following conditions:
a. 
Parking/Maneuvering Area Adjacent to Streets and Drives. Where a parking or maneuvering area is adjacent and parallel to a street or driveway, a decorative wall (masonry or similar quality material), arcade, trellis, evergreen hedge, landscaped berm or similar screen shall be established parallel to the street or driveway to the greatest extent practical, excluding vision clearance areas. The required screening device shall be no less than 36 inches in height within one year of development and not exceed 42 inches in height unless the street grade dictates otherwise to buffer the parking area. The design of the wall or screening shall also allow for visual surveillance of the site for security. Evergreen hedges used to comply with this standard shall be of such species, number and spacing to provide the required screening within one year after planting. Any areas between the wall/hedge and the street/driveway line shall be landscaped with plants or other ground cover. All walls shall be maintained in good condition or otherwise replaced by the owner.
b. 
Parking/Maneuvering Area Adjacent to Building. Where a parking or maneuvering area, or driveway, is adjacent to a building, the area shall be separated from the building by a raised pathway, plaza, or landscaped buffer no less than five feet in width. Raised curbs, bollards, wheel stops, or other design features shall be used to protect buildings from being damaged by vehicles. When parking areas are located adjacent to residential ground-floor living space, a landscape buffer is required to fulfill this requirement.
c. 
Screening of Mechanical Equipment, Outdoor Storage, Service and Delivery Areas, and Automobile-Oriented Uses. All mechanical equipment, outdoor storage and manufacturing, and service and delivery areas shall be screened from view from all public streets and residential districts. Screening shall be provided by one or more of the following: decorative wall (i.e., masonry or similar quality material), evergreen hedge, non-see-through fence, or a similar feature that provides a non-see-through barrier. Walls, fences, and hedges shall comply with the vision clearance requirements and provide for pedestrian circulation, in accordance with Chapter 18.65 PMC, Access and Circulation. (See Chapter 18.72 PMC for standards related to fences and walls.)
d. 
Accessory Structure Landscaping. Accessory structures and utility structures such as waste receptacle enclosures, air conditioning units, transformers, utility substations and clustered mailboxes that are in a visible location on the site shall be landscaped with evergreens of sufficient height to screen the structure or equipment.
D. 
Maintenance and Irrigation. The use of drought-tolerant plant species is encouraged and may be required when irrigation is not available. Irrigation shall be provided for plants that are not drought-tolerant. If the plantings fail to survive, the property owner shall replace them with an equivalent specimen. All other landscape features required by this title shall be maintained in good condition or otherwise replaced by the owner.
E. 
Additional Requirements. Additional buffering and screening may be required for specific land uses, as identified by Division 2 of this title, and the city may require additional landscaping through the conditional use permit process (Chapter 18.120 PMC).
F. 
Detention/Retention Pond Landscaping (Commercial/Industrial). Detention/retention ponds shall be landscaped to provide a natural setting in open space areas as follows:
1. 
Detention and retention ponds shall be landscaped in character with the rest of the development and shall be required to provide lawn areas, shrubs and trees. Landscaping shall be required on all areas disturbed by grading to establish detention/retention ponds. Ponds may incorporate dry river bed style landscaping with native vegetation.
2. 
Where possible, ponds or basins shall be "freeform" following the natural shape of the land to the greatest practical extent. Side slopes shall not exceed one foot vertical for every six feet of horizontal distance. If this requirement cannot be met, security fencing shall be required in line with subsection (F)(4) of this section.
3. 
One deciduous shade or evergreen tree and 10 shrubs, or groupings of ornamental grasses, shall be planted in a random pattern or in groupings for every 50 lineal feet of pond perimeter, measured along the top of the bank elevation. Required landscaping is not limited to the top of the pond bank, as long as the plant species is adapted to saturated soil conditions. Plantings within rain gardens, bioretention swales, and irrigation trench planters may be credited towards meeting these requirements.
4. 
Where the side slopes of the pond require security fencing, fencing shall be decorative in nature or if chain link, black or dark green vinyl coated. Shrub plantings shall be provided around the outside of the fence for screening spaced no more than five feet on center.
5. 
An aerator shall be provided in any pond where there will be standing water.
(Ord. 857B § 4, 2021)
Residential landscaping for individual lots and large developments:
A. 
Deciduous trees shall be planted along each residential lot or residential unit within the proposed public right-of-way before a certificate of occupancy is granted in accordance with Table 18.70.034.
Table 18.70.034
Minimum Required Residential Street Trees
Linear Feet of Street Frontage/Lots
Minimum Number of Trees
50 ft. or less
1
50 ft. to 100 ft.
2
100 ft. or more and corner lots
3
B. 
Existing trees within the right-of-way may be utilized as street trees.
C. 
In any new subdivision, condominium or multifamily development, where residential dwellings are designed so that rear yards front a public street, a landscaped privacy screen shall be provided along the street consisting of trees, shrubs, and berm in accordance with subsection (E) of this section, Greenbelts. For any new subdivision, condominium or multifamily development, the greenbelts around the perimeter of single-family residential developments shall be in addition to the rear yard setback requirement of the district. The greenbelt may be a common area or an easement area across the individual lots with the rear yard setbacks measured from the greenbelt easement.
18.70.034.tif
D. 
For any new subdivision, condominium or multifamily development, all of the required landscaping in common areas or designated open space shall be installed by the developer prior to issuance of building permits to construct homes on individual lots, unless the developer has posted a performance guarantee in accordance with subsection (K)(4) of this section.
E. 
Greenbelts. All yards adjacent to streets and rights-of-way shall be landscaped along the entire frontage (except access points) in accordance with Table 18.70.034(E).
Table 18.70.034(E): Frontage Greenbelt Requirements
Application
Greenbelt Depth
Minimum Plantings per 100 Linear Feet
Berm
Deciduous Trees
Evergreen Trees
Ornamental Tree
Shrubs
Residential Subdivision, Condominium or Multifamily Development Where Units Back Towards an Arterial or Collector Street
25 ft.
3 ft.
2
3
1
20
1. Calculations shall be based upon total frontage, including yards, buildings, driveways and parking lots. For lots less than 100 feet in width, the minimum plantings shall be provided.
2. Greenbelts around the perimeter of single-family residential developments shall be in addition to the rear yard setback requirement of the district.
3. Corner lots – linear frontage includes both/all streets.
F. 
Front Yards.
1. 
Front yard areas shall be covered by grass or other living ground cover. Grass areas shall be planted in species that produce a permanent lawn. Side yards of corner lots must be landscaped with the same landscape material as the front yard.
2. 
Grass may be sodded, plugged, sprigged or seeded except that solid sod shall be used in swales and in areas subject to erosion. In areas where grass is to be established by a method other than complete sodding or seeding, nurse-grass seed shall be sown for immediate effect and protection until coverage is achieved.
3. 
Realistic alternative turf may be used in lieu of grass, subject to the planning official.
4. 
The term "ground cover" is applied to low growing plants, other than turf grass, used to cover areas of the landscape. Evergreen plants, including perennials, dwarf shrubs and vines, that have a sprawling or spreading habit are most often used.
5. 
Alternative Front Yard. The planning official is authorized to approve a requested deviation from the standards otherwise applicable to a front yard on an individual lot to substitute grass or ground cover for living plant material using a minimum of three separate nonplant ground cover materials. However, a minimum of 15 percent of the front yard area must consist of living plant material. Drought-tolerant plant materials for water conservation are not required, but are allowed and encouraged. No single nonplant ground cover material will exceed 40 percent of the area to be landscaped. Design elements such as internal sidewalks, pedestrian seating areas, fountains, sculptures, planters, and similar amenities may also be placed within the front and side yard areas.
G. 
Living Plant Material. All common areas not developed with building, pavement, sidewalks or storage structures must be landscaped with living plant material. Stone or wood chips are allowed when the maintenance of the living material requires it, or the area is within or subject to drainage erosion control.
H. 
Nonplant Ground Covers. Bark dust, chips, aggregate, stone, rock, pebbles, boulders, stamped concrete or pavers or other nonplant ground covers are allowed, but must not cover more than 20 percent of the area to be landscaped. Nonplant ground cover shall be installed only adjacent to a structure or where located entirely inside the rear yard. Ground cover plants located in the nonplant ground covers must be planted with plant size and spaced to grow together to cover a minimum of 80 percent of the underlying soil. Coverage is measured based on the size of plants at maturity or after four years of growth, whichever comes sooner.
I. 
Hardscape features (i.e., patios, decks, plazas, etc.) may cover up to 20 percent of the required landscape area. Swimming pools, sports courts and similar active recreation facilities may not be counted toward fulfilling the landscape requirement.
J. 
Accessory Structure Landscaping. Accessory structures for residential subdivisions and multifamily developments such as utility structures, waste receptacle enclosures, pump stations, transformers, utility substations and clustered mailboxes that are in a visible location on the site shall be landscaped with evergreens of sufficient height to screen the accessory structure or equipment.
K. 
Installation and Maintenance Provisions. All landscaping shall be maintained in a healthy state free from refuse and debris.
1. 
All trees required on the site plan must be maintained and shall not be removed unless approved as a site plan amendment or a tree removal permit is obtained. Any dead or diseased plants shall be removed and replaced.
2. 
Landscaping shall be installed to ensure that, when mature, it will not obscure traffic signs, fire hydrants, lighting, drainage patterns on site or adjacent properties, or obstruct vision for safety of ingress or egress.
3. 
If any building or paving construction is completed during a planting season, no certificate of occupancy shall be issued until the landscaping complies with the requirements contained in this section. If building or paving construction is completed in an off-planting season, the certificate of occupancy shall be issued only after the owner provides a performance guarantee, in an amount deemed sufficient by the planning official to ensure installation of required landscaping during the next planting season.
4. 
The city may request performance guarantees in accordance with PMC § 18.115.090, Performance guarantees. The city may require a performance guarantee for landscaping for two growing seasons to ensure plant material survives.
L. 
Plant Material Spacing and Size. Minimum plant spacing and sizes at time of installation shall be in accordance with Table 18.70.034(L):
Table 18.70.034(L): Minimum Plant Size and Spacing
Type of Plant Material
Minimum Plant Sizes
Spacing Requirements
Deciduous Canopy Trees
2 1/2 in. caliper
25 ft. on center
Ornamental Trees
2 in. caliper
6 ft. height (clump form)
15 ft. on center
Evergreen Trees
6 ft. height
15 ft. on center
Narrow Evergreen Trees
4 ft. height
12 ft. on center
Deciduous Shrubs
2 1/2 ft. height
4 ft. – 6 ft. on center
Upright Evergreen Shrubs
2 1/2 ft. height
3 ft. – 4ft. on center
Spreading Evergreen Trees
2 ft. spread
6 ft. on center
M. 
General Requirements. All landscaped area shall be designed, constructed, installed and maintained so that within three years, the ground shall be covered by plant material, nonplant ground cover and hardscape features.
1. 
All trees and plant materials shall be healthy, disease-free, damage-free, well-branched stock, characteristic of the species. The use of tree and plant species native to or commonly used in residential landscaping in the Pacific Northwest is encouraged.
2. 
After completion of site grading, six inches of topsoil is to be installed in all yard areas to provide a suitable base for seeding and planting.
3. 
All planting areas shall be graded to provide positive drainage.
4. 
All yard areas for individual lots within a subdivision, including front, back and side yards, shall be graded smooth and covered with a minimum of six inches of topsoil.
5. 
Soil, water, plant materials, mulch material, etc. shall not be allowed to wash across roadways or walkways.
(Ord. 857B § 5, 2021)
Street trees shall be planted for all developments that are subject to land division or site design review. Requirements for street tree planting strips are provided in PMC § 18.70.034, Residential landscaping standards. Planting on unimproved streets shall be deferred until the construction of curbs and sidewalks. Street trees shall conform to the following standards and guidelines:
A. 
Growth Characteristics. Trees shall be selected based on growth characteristics and site conditions, including available space, overhead clearance, soil conditions, exposure, and desired color and appearance. The following shall guide tree selection:
1. 
Provide a broad canopy where shade is desired.
2. 
Use low-growing trees for spaces under utility wires.
3. 
Trees where their limbs can be trimmed back to ensure compliance with vision clearance.
4. 
Use narrow or "columnar" trees where awnings limit growth, or where visibility is desired between buildings and the street.
5. 
Use species with similar canopy growth characteristics on the same block.
6. 
Drought-resistant trees must be used in areas with sandy or rocky soil.
7. 
Use deciduous trees for summer shade and winter sun.
8. 
Any new street tree planted must be included on the city's list of approved tree species.
B. 
Caliper Size. The minimum caliper size at planting shall be two and one-half inches.
C. 
Spacing and Location. Street trees shall be planted within existing and proposed planting strips, and in sidewalk tree wells on streets without planting strips. Street tree spacing shall be based upon the type of tree(s) selected and the canopy size at maturity. In general, trees shall be spaced no more than 30 feet apart, except where planting a tree would conflict with existing trees, retaining walls, utilities and similar physical barriers.
D. 
Soil Preparation, Planting and Care. The developer shall be responsible for planting street trees, including soil preparation, ground cover material, staking, and temporary irrigation for two years after planting. The developer shall also be responsible for tree care and replacement as necessary during the first year after planting. The resident shall be responsible for tree care and replacement as necessary during the second year after planting.
E. 
Assurances. An applicant may apply for and the city may accept a fee or performance bond in accordance with the adopted fee schedule for each required street tree. The fee shall cover the city's expense for planting and the first year of care.
F. 
Restrictions. No person, except a city employee, contractor hired by the city, or the electrical utility and their authorized agents, shall perform any of the following without first obtaining a permit from the city:
1. 
Plant, cut, tap, carve, top, remove or transplant any tree, shrub or other plant located in the public right-of-way or on city property. This does not prohibit routine care and pruning necessary to maintain consistency with vision clearance regulations;
2. 
Attach any rope, wire, nail, sign, poster or other object to any tree, shrub, or plant located in the public right-of-way or on city-owned property;
3. 
Dig a tunnel or trench on any public right-of-way or city-owned or controlled property.
G. 
Permit Process. Prior to issuing a permit, the city shall ensure that the action proposed conforms to the urban forestry plan and the arboricultural specifications manual. If the city finds that the work performed under the permit is not in conformance with the conditions of the permit, the city may:
1. 
Nullify the permit;
2. 
Issue a written stop work order that the applicant cease and desist all work for which the permit was issued;
3. 
Impose penalties as defined in this chapter; and
4. 
Charge to the applicant the cost of steps taken to correct damage done.
(Ord. 720 § 7[3.2.4], 2003; Ord. 841 § 11, 2020; Ord. 857B § 6, 2021)
Written notice shall be personally provided by door hanger, direct contact or sent by registered mail to the property owner.
A. 
The notice shall describe the kind of tree, shrub, or other plant, its location on the property, and the reason for declaring it a nuisance.
B. 
The notice shall include suggested actions that may be taken to abate the nuisance.
C. 
The notice shall require the elimination of the nuisance no less than 15 days after the notice is sent unless the nuisance is considered a hazard at which point a lesser time of elimination shall be imposed depending on the risk hazard.
D. 
The city may have the nuisance abated after 15 days and file the cost of abatement as a lien against the property.
(Ord. 841 § 12, 2020)
Any person who violates any provision of this chapter or who fails to comply with any notice issued pursuant to the provisions of this chapter, upon being found guilty of violations in the municipal court, shall be subject to a fine for each separate offense not to exceed $500.00 or three times the appraised value of the tree(s) or vegetation, whichever is greater. Each day during which any violation of the provisions of this chapter shall occur or continue shall be a separate offense.
If, as the result of the violation of any provision of this chapter, the injury, mutilation or death of a tree, shrub, or other plant located on city-owned or controlled property is caused, the cost of repair or replacement of such plant shall be borne by the party in violation.
The appraised value of trees shall be determined using methods described in the latest revision of "Valuation of Trees, Shrubs, and Other Plants," as published by the International Society of Arboriculture.
(Ord. 841 § 12, 2020)