Chapter 12.20
STREET TREES
Sections:
12.20.010 Street tree planting.
12.20.020 Street tree maintenance.
12.20.030 Protection of street trees.
12.20.040 Additional regulations.
12.20.010 Street tree planting.
1. Definitions.
“Planter strip” means an area between a curb and a sidewalk, within a public right-of-way, where a tree can be planted.
“Street tree” means any tree that is planted or growing within a public right-of-way.
“Tree” means a tall woody plant with one main trunk.
2. Street trees shall be required within a public right-of-way that abuts new construction of a structure that is over 1,000 square feet in size, and where after construction there will be a planter strip at least 48 inches wide.
3. The street trees shall be planted by the City or its agent to ensure the appropriateness and uniformity of species, variety and size, but paid for by the developer of a subdivision or, if not a subdivision, the property owner. The amount paid per tree shall be established by City Council resolution. The payment for trees shall go into a street tree fund and shall be used for planting and maintaining street trees, and for educating citizens about proper tree maintenance. Street trees shall be paid for:
a. At the time the warranty bond is provided to the City for a new residential subdivision; or
b. At the time a building permit is taken out for all other new construction.
4. The amount paid for street trees shall be based upon planting one tree for every 40 feet of planter strip adjoining the property, with a minimum of one tree per lot. However, the actual number of trees planted by the City may be more or less than the number paid for. This will allow some flexibility to plant trees in compliance with City policies, and in the best locations where the benefit to the subdivision can be maximized.
5. The Public Works Director shall establish an approved street tree list. No trees shall be planted within a public right-of-way except those on the approved tree list, unless authorized by the Public Works Director.
6. No street trees shall be planted within five feet of any underground water line, sanitary sewer line, natural gas line, or transmission line, nor within:
a. Thirty-five feet from a street corner, as measured from the point of nearest intersecting curbs;
b. Twenty feet from a streetlight;
c. Eight feet from a fire hydrant, manhole, alley or private driveway; or
d. Five feet of a water meter or utility box.
7. Unless affected by this chapter or other City ordinances, and subject to the responsibility of developers in subdivisions, street trees shall be planted by adjoining property owners in all planter strips that are four feet in width or larger:
a. Thirty feet apart if they are on the City’s approved street tree list for a five-foot or less planter strip or for trees permitted under overhead power wires;
b. Forty feet apart if they are on the City’s approved street tree list for a six-foot planter strip; or
c. Fifty feet apart if they are on the City’s approved street tree list for an eight-foot or larger planter strip.
8. All street trees shall:
a. Be healthy grown nursery stock, be a minimum of one-and-one-half-inch caliper at six inches above ground level, and be at least eight feet high.
b. Have a single straight trunk, a well developed leader with tops and roots characteristic of the species cultivar or variety.
c. Be free of insects, diseases, mechanical injury, and other objectionable features when planted.
9. Bare root stock shall leave a root system sufficient to ensure survival and healthy growth, and shall only be planted during the months of November, December or January. Balled and burlap stock shall leave a natural sound ball sufficient to ensure survival and healthy growth.
10. All trees that are grafted are to be grafted at a minimum height of seven inches above ground level. [Ord. 935 § 1, 2015; Ord. 823, 2005; Ord. 812 § 1, 2003.]
12.20.020 Street tree maintenance.
1. It shall be the responsibility of the person in charge of the adjoining property to maintain street trees or other vegetation in the public right-of-way, except when the involved right-of-way is along the back of the property and the person in charge of the adjoining property has no direct access to the right-of-way along the back of their property. For these purposes, “person in charge” includes the property owner, tenant, bailee, property manager, or other person who exercises control over the property, all of whom shall be jointly and severally responsible. This requirement shall not limit the City’s right to plant, prune, maintain and remove trees or other vegetation within any public right-of-way.
2. Maintenance shall include:
a. Watering;
b. Fertilizing;
c. Pruning;
d. Treatment for insects or disease as needed;
e. Removal of dangerous limbs; and
f. Removal of dead, dying, unsafe or nuisance trees.
3. The topping of trees shall be prohibited. “Topping” is defined as the severe cutting back of limbs to stubs within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this prohibition at the determination of the Public Works Director.
4. All stumps of street trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface.
5. Street trees shall be maintained in compliance with this chapter. [Ord. 935 § 1, 2015; Ord. 823, 2005; Ord. 812 § 2, 2003.]
12.20.030 Protection of street trees.
1. It shall be unlawful to destroy or injure any street tree, or to remove any street tree without a permit from the City.
2. It shall be unlawful to attach or keep attached to any street tree, any rope, wire, chain, sign or other device, except as a support for the tree.
3. During any construction, alteration or excavation activity, adequate steps shall be taken to protect street trees. The property owner and contractor shall be jointly and severally responsible for any damage that occurs to a street tree, in addition to being in violation of this chapter.
4. Excavations shall not occur within six feet of any street tree without the approval of the Public Works Director.
5. All building materials, debris and stored equipment shall be kept at least 10 feet from any street tree. [Ord. 935 § 1, 2015; Ord. 823, 2005; Ord. 812 § 3, 2003.]
12.20.040 Additional regulations.
1. Planting – On Rights-of-Way – Trees Designated. It is unlawful to plant any of the following trees, to wit: box elder, tree of heaven, golden chain, holly, silver maple, bamboo, poplar, willow, conifer, cottonwood, fruit trees (other than ornamental fruit trees), nut trees (other than ornamental nut trees), and ailanthus, in or on any street rights-of-way or parking strips in the City.
2. Planting – Site Approval. It is unlawful to plant willow, cottonwood, or poplar trees within 50 feet of any sewer main within the City.
3. Height Requirements. It is unlawful for any person, firm, or corporation owning or occupying real property within the City to permit any tree or shrub of any kind or character, ornamental or otherwise, growing in any street, alley or other public way, or in the parking strip contiguous to said property or growing upon said property so owned or occupied, to protrude or grow over any street, sidewalk, alley, or other public way in the City at a height less than 14 feet above the surface of any street and eight feet above any sidewalk or any other public way.
4. Trimming, Removal – Authority. The City Council may cause any trees, shrubs, plants or vegetation in or upon any parking strip, street right-of-way or other public place in the City to be trimmed, pruned, or removed and said trimming, pruning or removal may be done by anyone designated to do so by the City Council after 15 days’ notice to adjacent property owners.
5. Nuisance – Removal.
a. Any tree, shrub, plant or vegetation growing in or upon any parking strip, street right-of-way, or public or private property which is endangering or which in any way may endanger the security or usefulness of any public street, sewer or sidewalk, or which in any way may be dangerous to life or property, is declared to be a public nuisance. The City may immediately remove or trim such tree, shrub, plant or vegetation in or upon public or private property and assess the resulting costs to the person or persons responsible for the abutting property if the nuisance has caused an imminent hazard.
b. If the nuisance does not create an imminent hazard, the person or persons responsible for the abutting property shall be notified in writing:
(1) Of the nature of the problem;
(2) That the person is responsible for correcting the problem;
(3) The date by which the problem must be corrected;
(4) That if the person fails to correct the problem by the deadline the City may correct it and assess the costs to said person; and
(5) The name and contact information for a person at the City to contact if there are any questions.
c. The person or persons responsible for the abutting property can provide the City Recorder a document in writing prior to the correction deadline to request a hearing before the City Council if the person does not believe he or she is responsible for a nuisance or for resulting costs.
d. Failure to correct the problem by the deadline shall be deemed a violation of this chapter. The City or its designee shall be entitled to enter upon the property after obtaining the permission of the person responsible for the property, or after obtaining a warrant, to remove or prune the nuisance vegetation. The City Recorder shall assess the cost thereof against the property; and the amount of the assessment may be docketed by the City Recorder in the City lien docket and shall be subject to enforcement and collection as any lien for public improvements. [Ord. 906 § 1, 2012; Ord. 572 §§ 1 – 5, 1989.]
12.20.050 Penalty.
A violation of any provision of this chapter is punishable by a fine not to exceed $500.00 per day until the violation is resolved. [Ord. 823, 2005; Ord. 812 § 4, 2003.]
12.20.060 Severability.
The invalidity of a section or subsection of this chapter shall not affect the validity of the remaining sections or subsections. [Ord. 823, 2005; Ord. 812 § 5, 2003.]