It is the policy of the City of Bremerton to regulate and control planting, removal, maintenance and protection of trees and shrubs on public areas of the City to eliminate and guard against dangerous conditions which may result in injury to persons using public areas of the City; to promote and enhance the beauty of the City; to prevent damage to any overhead or underground utilities, street, sidewalk or other public property; to protect trees and shrubs located in public areas from undesirable and unsafe planting, removal and maintenance practices; to guard all trees and shrubs on public areas against the spread of disease and pests; and to increase public awareness of tree benefits and proper planting and maintenance practices through education.
The provisions of this ordinance shall apply to: 1) all trees and shrubs presently or hereafter planted in or upon any public area; and 2) all trees and shrubs planted in or upon any private premises which directly affect overhead and underground utilities, sidewalks, streets, public property, or cause unsafe viewing distances.
(Ord. 4553, Repealed & Replaced, 06/20/1996; Ord. 5309 § 1 (part), 2016)
(a) 
"Critical root zone (CRZ)"
shall be defined as the minimum area of root protection around the trunk of a tree. The CRZ is based on the area that results from measuring, at diameter breast height (DBH) or four and one-half (4-1/2) feet above the ground, one and one-quarter (1-1/4) feet outwards from the trunk for every inch of trunk diameter. A minimum of six (6) feet diameter must be protected around small trees, regardless of diameter.
(b) 
"Public area"
shall include all public streets, roads, boulevards, sidewalks, planter strips, City-owned rights-of-way, parks, and the lands owned or leased by the City which are accessible to the public but not including municipal utility watershed or forest lands.
(c) 
"Municipal trees and/or shrubs"
shall include all woody vegetation presently or hereafter planted on any public areas.
(d) 
"Maintenance" and "protection"
shall include but not be limited to all operations of watering, pruning, spraying, bracing, inspection and other actions necessary to the health and aesthetics of the tree or shrub.
(e) 
"Hazardous tree or shrub"
shall be defined as any tree or shrub or part thereof growing on private or public property which: obstructs or impairs the free and full use of a public area, interferes with overhead or underground utilities, is afflicted with or weakened by a contagious or fatal disease, causes unsafe viewing distances, blocks or impedes usage of street or sidewalk, or presents an imminent and foreseeable danger to persons or property.
(Ord. 4553, Repealed & Replaced, 06/20/1996; Ord. 5309 § 1 (part), 2016)
(a) 
Private property owners will be responsible for the maintenance and liability of municipal trees adjacent to their property that have been planted by the owner or prior owners, or for which responsibility has been assumed by the owner through a recorded agreement with the City.
(b) 
Private property owners may prune or remove municipal trees adjacent to their property after approval is received from the City Arborist. If approval is denied, the tree shall become the City's responsibility and shall be inventoried as such by the Parks and Recreation Department.
(c) 
Property owners and/or occupants are responsible for notifying Engineering in the case that a municipal tree or shrub adjacent to their property space is creating a hazard, so that remedial actions can be taken.
(d) 
Private groups may arrange for the planting or maintenance of areas of municipal trees under the authorization of the Parks and Recreation Department.
(Ord. 4553, Repealed & Replaced, 06/20/1996; Ord. 5309 § 1 (part), 2016)
Unless authorized by this chapter, no person shall in any public area of the City, break, injure, mutilate, kill, destroy, prune or remove any tree or shrub; permit any animal under his or her control to do so; permit any fire to injure any portion of any tree or shrub; permit any toxic chemical to seep, drain, or be emptied on or about any tree or shrub. Prior to building operations, municipal trees and shrubs shall have secured protection barriers surrounding, at minimum, the critical root zone of plants. No equipment stockpiling, traffic, or soil disturbing activities shall occur within the critical root zone of municipal trees and shrubs. Persons responsible for damage to trees on public areas shall be penalized pursuant to the BMC § 13.04.180 regarding damage to park property, and BMC § 13.04.040.
(Ord. 4553, Repealed & Replaced, 06/20/1996; Ord. 5309 § 1 (part), 2016)
No person shall fasten any sign, rope, wire, or other materials to, around, or through any municipal tree or shrub without obtaining permission from the Parks and Recreation Department, except in emergencies such as storms or accidents, pursuant to BMC § 13.04.030.
(Ord. 4553, Repealed & Replaced, 06/20/1996; Ord. 5309 § 1 (part), 2016)
Public utility work affecting trees or shrubs on public areas shall be limited to the actual necessities of the services of the company and such work shall be done in a neat and professional manner. The utility shall notify the Parks and Recreation Department of any plans for maintenance on public areas and consult with the Parks and Recreation Department should any trees need to be topped or removed so that they may suggest ways to preserve the beauty or symmetry of the tree and keep removals to a minimum.
(Ord. 4553, Repealed & Replaced, 06/20/1996; Ord. 5309 § 1 (part), 2016)
A Master Urban Tree Plan shall be developed by the Parks and Recreation Department for park and municipal trees and approved by Council resolution. It will be based upon an inventory of existing municipal trees in these areas and an evaluation of the site and space factors which will aid in the determination of those trees best suited for Bremerton's urban environment and result in the development of a long-range plan for future planting and maintenance.
(Ord. 4553, Repealed & Replaced, 06/20/1996; Ord. 5309 § 1 (part), 2016)
The following standards are hereby established for the planting, pruning, removal, and maintenance of municipal trees and shrubs in the public areas of the City. All planting of trees and other landscaping in public areas of the City, including the rights-of-way, shall be in conformance with the City's engineering design and construction standards:
(a) 
Planting.
(1) 
All trees will be not less than one and one-half (1-1/2) inch caliper and be No. 1 grade, as described by the American Association of Nurserymen (AAN).
(2) 
Soil amendments, in accordance with the Stormwater Manual in BMC § 15.04.020, shall be provided in all planting areas prior to planting.
(3) 
No tree or shrub will be planted closer than two (2) feet from the curbline or ten (10) feet from a driveway or alley. Trees shall be spaced at intervals of at least twenty (20) feet depending upon species and the expected height of the tree at maturity. Plantings at or near intersections shall be spaced in accordance with sight distance specification in the City's engineering design and construction standards.
(4) 
Sidewalk cuts, where necessary, shall be approved by the Engineering Division and will be a minimum of four (4) feet in diameter so as to allow the natural percolation of water. Paver blocks, cobblestones or tree grates or other permeable surfaces will be used to fill the sidewalk cuts around trees.
(5) 
All young trees, for a minimum of one (1) year, shall be securely staked and guyed until the roots become established.
(6) 
Municipal trees and shrubs planted prior to the passage of the ordinance codified in this section are exempt from these planting standards.
(7) 
A list of recommended species of municipal trees is available from the Parks and Recreation Department for those desiring to plant municipal trees in City areas adjacent to their properties. Approval of the tree species is required by the City Arborist prior to planting, if it is not on the recommended species list.
(8) 
Public education programs regarding tree planting, care and maintenance will be provided by the Parks and Recreation Department in conjunction with Arbor Day festivities each year in April to encourage public involvement in tree planting. Additionally, the Parks and Recreation Department will maintain a tree library available for use by the public.
(b) 
Pruning. Pruning of any municipal tree on any public area must be authorized by the Parks and Recreation Department's City Arborist or performed by City employees at the discretion of the Department. Trees are pruned to preserve their health and appearance, and to eliminate safety and utility concerns, which will increase their longevity in the urban area.
(1) 
Pruning Defined.
(i) 
Fine pruning: removal of dead, diseased, objectionable and/or weak branches which are larger than one-half (1/2) inch in diameter.
(ii) 
Medium pruning: removal of dead, diseased, objectionable and/or weak branches which are larger than one (1) inch in diameter.
(iii) 
Safety pruning: removal of the dead, diseased and/or weak branches to a size that in falling would injure a person and/or property.
(iv) 
Cut back to topping: cutting back, drop crotching or topping consists of the reduction of tops, sides, underbranches, or individual limbs with attention given to symmetrical appearance.
(2) 
All trees and shrubs which have branches overhanging a public street or boulevard shall have said branches pruned to a clearance height of fourteen (14) feet. Those overhanging a public sidewalk shall be pruned to a clearance height of eight (8) feet. The provisions of this section may be waived by the Parks and Recreation Department in the case of newly planted trees so long as they do not interfere with public parking, travel or safe viewing distances at intersections, or endanger public safety as determined by the Engineering Division. Any tree or shrub on private property which hangs over a city right-of-way which is not pruned as herein provided shall be subject to the provisions of BMC § 13.10.090.
(3) 
All dead wood, stubs, broken branches, badly formed branches, diseased branches, and branches interfering with public travel, lighting, existing buildings and traffic signs, shall be removed during the pruning operation, with consideration given to the symmetry and beauty of the municipal tree or shrub.
(c) 
Removal.
(1) 
All municipal trees and shrubs which have fallen or been authorized for removal shall be completely removed from the growing site and disposed of in an authorized manner. The stump shall be ground out to a depth suitable for future planting of trees or turf.
(2) 
When municipal trees or shrubs are removed because of inappropriate location, a more appropriate site for replacement will be selected, when possible, in as close a proximity as spacing permits. Trees removed due to health, age, size for its location, or undesirable species type shall be replaced, when appropriate/available, with a suitable tree or shrub which will not produce the same problem in accordance with this section.
(3) 
No municipal tree or shrub shall be removed from any public area for the sole purpose of providing a view for any private property or individual.
(d) 
Maintenance.
(1) 
All municipal trees will receive routine maintenance on a four (4) year cycle.
(2) 
Special consideration will be given to the watering, weeding and protection of young trees during the first three (3) years.
(3) 
The use of biological controls and sprays will be encouraged and used by City employees whenever possible in the treatment of insect infestation in trees on city lands and rights-of-way.
(4) 
Preserve and maintain park soils for long-term tree health. Protect soils from compaction, allow plant debris or its equivalent to be left on the soil surface to replenish organic matter, and reduce chemical inputs to soil, where possible. For lawns and high-nutrient-demand landscapes, consider adding one-quarter (1/4) to one-half (1/2) inch of compost raked into landscape in spring or fall.
(Ord. 4553, Repealed & Replaced, 06/20/1996; Ord. 4856 § 6, 2003; Ord. 5309 § 1 (part), 2016)
On Private Properties. Abatement of nuisances on private property with trees or shrubs determined to be hazardous or public nuisance to public areas, such as streets and sidewalks, will be handled in accordance with the nuisance abatement procedures set forth in Chapter 6.08 BMC.
(Ord. 4584, Amended, 02/28/1997; Ord. 5154 § 3, 2011; Ord. 5309 § 1 (part), 2016; Ord. 4553, Repealed & Replaced, 06/20/1996)
The costs of planting, removing, maintaining and protecting trees and shrubs on all public areas of the City, when done by Parks and Recreation Department and Public Works Department, shall be borne by the City out of the Parks and Recreation Department and Public Works Department budgets as assets allow, and from funds donated or grant monies received specifically for that purpose. When a private party plants, removes, maintains or protects trees pursuant to BMC § 13.10.080, that party shall be responsible for all incurred costs.
(Formerly 13.10.110; Ord. 4553, Repealed & Replaced, 06/20/1996; Ord. 5309 § 1 (part), 2016)