Chapter 12.20
TREES
Sections:
12.20.030 Urban forestry board – Established.
12.20.040 Urban forestry board – Duties and responsibilities.
12.20.050 Street tree permits.
12.20.060 Tree species to be planted – Spacing – Setbacks – Distances.
12.20.090 Pruning – Corner clearance.
12.20.110 Dead, diseased or hazardous tree removal on private property.
12.20.120 Preservation of trees on private property with new development.
12.20.010 Intent.
Recognizing the positive cost-benefit ratio trees provide in maintaining a healthy urban ecosystem through their energy-saving and storm water management potential, as well as their role in improving the quality of our community, it is the purpose of this chapter to provide for the regulation of the planting, maintenance, and removal of trees in the public right-of-way and on city-owned property, and to encourage the preservation of existing trees on private property where new development is planned. (Ord. 1286 § 1, 1995).
12.20.020 Definitions.
A. Appraisal. Tree appraisals shall use the Trunk Formula Method of the Council of Tree and Landscape Appraisers.
B. “City-owned property” means property within the city limits of Burlington, and:
1. Owned by the city in fee simple absolute; or
2. Implied or expressly dedicated to the public for present or future use for purposes of vehicular or pedestrian traffic, or for public easements.
C. “Columnar tree” means any tree growing in a symmetrical, pillar-like form with a spread at maturity equal to approximately half the height of the tree.
D. “Large tree” means any mature tree which would reach a maximum height of more than 50 feet with a maximum spread of over 35 feet.
E. “Major pruning” means cutting back of limbs larger than one and one-half inches in diameter on street trees.
F. “Medium tree” means any mature tree which would reach a maximum height of 25 to 50 feet with a maximum spread of 35 feet.
G. “Park trees” means trees, shrubs, bushes and all other woody vegetation in public parks having individual names, and all areas owned by the city, or to which the public has free access as a park.
H. “Small tree” means any mature tree which would reach a maximum height of 25 feet with a maximum spread of 25 feet.
I. “Significant tree” means an existing deciduous or coniferous tree six inches or more in diameter breast high (measured four feet, six inches above adjacent grade – “dbh”), of any species suitable for inclusion as permanent landscaping in a proposed development project. This also includes unusual, historical or rare trees.
J. “Street trees” means trees, shrubs, bushes, and all other woody vegetation on public rights-of-way, land lying between property lines on either side of all streets, avenues, or boulevards, within the city.
K. “Topping” means the severe cutting back of limbs to stubs larger than one and one-half inches in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree.
L. “Tree owner” means the owner of the real property upon which 51 percent or more of the trunk is located at ground level. (Ord. 1286 § 1, 1995).
12.20.030 Urban forestry board – Established.
There is hereby established an urban forestry board for the city of Burlington, which shall consist of a minimum of five members and any number of interested citizens, including a representative of the parks board, planning commission, business community, school district, and neighborhood planning committees. The board shall choose its own officers, make its own rules and regulations, and keep a journal of its proceedings. A majority of the members shall be a quorum for the transaction of business. (Ord. 1286 § 1, 1995).
12.20.040 Urban forestry board – Duties and responsibilities.
It shall be the responsibility of the urban forestry board to study, investigate, counsel and develop and/or update a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets, and in other public areas. The plan is intended to advise the public and the parks board, who will in turn recommend the plan with any proposed modifications, to the planning commission and city council for adoption. The plan may be adopted in phases. (Ord. 1286 § 1, 1995).
12.20.050 Street tree permits.
Application for street tree installation shall be required and shall be obtained from the permit center prior to any planting, removal, topping, and/or major pruning of street trees. The location of any street trees to be planted or removed shall be identified and mapped to keep the street tree inventory current. Utility companies shall notify the permit center prior to pruning any tree located on city-owned property for the purpose of maintaining safe line clearance and shall carry out all such work in accordance with accepted arboricultural standards. No street trees other than species listed as small trees in BMC 12.20.060 may be planted under or within 10 feet of any overhead utility wire, unless approved by the planning department. (Ord. 1799 § 19, 2014; Ord. 1286 § 1, 1995).
12.20.060 Tree species to be planted – Spacing – Setbacks – Distances.
A. The tree plan shall include a map of arterial streets with street tree species identified, along with a list of desirable trees for planting along other streets in three sized classes based on mature height: small (under 25 feet); medium (25 to 50 feet); and large trees (over 50 feet). Special plantings may be approved by the planning department in consultation with the urban forestry board as applicable. Lists of trees not suitable for planting will also be created by the board, including but not limited to poplar, willow, and cottonwood.
B. The spacing, setbacks, distances, and variety of any street tree shall be consistent with the guidelines specified in the tree plan. Consideration shall be given to the definitions of small, medium, large and columnar trees.
C. Consideration shall also be given to location of the tree(s) in relation to streets, sidewalks, curbs, gutters, overhead utility wires, fire hydrants, water and sewer lines, and other public improvements. No street tree shall be located in the public right-of-way that would damage any of the improvements listed herein. (Ord. 1286 § 1, 1995).
12.20.070 Public tree care.
A. The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, and public grounds, as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds.
B. The city may remove or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines or other public improvements, or is affected with any injurious fungus, insect, or other pest. This section does not prohibit the planting of street trees by adjacent property owners providing that the selection and location of said trees is in accordance with this chapter and the tree plan. (Ord. 1286 § 1, 1995).
12.20.080 Tree topping.
It shall be unlawful as a normal practice for any person, firm, or city department to top any street tree, park tree, or other tree on public property. Topping is defined as the severe cutting back of limbs to stubs larger than three inches in diameter 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 chapter at the determination of the parks supervisor. (Ord. 1286 § 1, 1995).
12.20.090 Pruning – Corner clearance.
Every owner (see definition of tree owner, BMC 12.20.020(L)) of any tree overhanging any street or right-of-way within the city shall be responsible for pruning or causing to be pruned the branches so that such branches shall not severely obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of 13 feet above street surface or eight feet above the sidewalk surface. Said owner or owner’s representative shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The city shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light, or interferes with visibility of any traffic control device or sign or sight triangle at intersections. Tree limbs that grow near high voltage electrical conductors shall be maintained clear of such conductors by the electric utility company in compliance with any applicable franchise agreements. A utility tree trimming policy must be reviewed by the tree board prior to any trimming by the utility company. (Ord. 1286 § 1, 1995).
12.20.100 Removal of stumps.
All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground. (Ord. 1286 § 1, 1995).
12.20.110 Dead, diseased or hazardous tree removal on private property.
The city shall have the right to cause the removal of any dead or diseased trees on private property within the city, when such trees constitute a hazard to life and property, or harbor significant infestations of insects or disease which constitute a potential threat to other trees within the city. (Ord. 1286 § 1, 1995).
12.20.120 Preservation of trees on private property with new development.
This section shall apply to any new development or substantial addition to an existing development, including but not limited to the following: short and full subdivisions, construction of duplex and multifamily structures, business, commercial, and industrial projects other than construction of a single-family dwelling or accessory structure on an existing lot of record.
A. No existing trees shall be removed until a final decision is made regarding the feasibility of preserving existing trees.
B. At the time of the initial contact with the city, the applicant shall be advised that the site plan for the proposed project shall show the location, size and species of existing trees. If there are many trees on the site, a preliminary evaluation of the site shall be made by a certified arborist, at the applicant’s expense, to identity the trees that should be protected and to determine the feasibility of protecting the trees.
C. The goal is a net gain in tree canopy, to be achieved initially by making an effort to save the significant trees and as much of the canopy as is feasible. Protecting 10 percent of the diameter of the trees on the site is the minimum requirement. Credit for saving small trees shall be given when larger, significant trees must be removed. If the goal of preserving a minimum of 10 percent of the diameter is not achieved, the applicant has two options:
1. Significant trees, as defined in BMC 12.20.020, shall be appraised using the methodology defined in BMC 12.20.020, and the applicant shall contribute a sum equal to the value of the trees to the urban forestry program; or
2. Trees shall be planted either on the site or on designated public property to replace the trees that are removed; or
A combination of subsections (C)(1) and (2) above.
D. Specifications for the contractor shall be shown on the construction plans, in conformance with the city standards for tree protection during construction, adopted by administrative rule. The contractor and all utilities shall be notified by the applicant that no work shall be done in the protected area without full-time inspection. Notices shall be posted on the fence in the protected area.
E. The tree protection zone, defining the limits of work adjacent to trees, shall be delineated by installation of temporary chain link fencing six feet in height, or alternate approved by the planning department, around each tree or group of trees to be protected during construction. If there is not a full-time construction inspector on the job, inspection shall be done by the planning department and/or building department.
1. Location and installation of the fence shall be designated by the certified arborist or, if plans are approved by the arborist and there is a full-time construction inspector on the project, the inspector may inspect the fence installation to ensure compliance with the approved plans.
2. Construction activities that must occur in the tree protection zone shall be monitored by a certified arborist or may be subject to special restrictions for performance that can be inspected by the full-time construction inspector on the job site, when approved by the planning director.
3. Typical issues are grading and compaction, storage of materials, use of herbicides or other chemicals, installation of utility or irrigation lines, and demolition of structures and pavement. (Ord. 1286 § 1, 1995).
12.20.130 Penalty.
Any person, firm or corporation responsible for removing a street or park tree without a permit shall comply with one of the following options:
A. Significant trees, as defined in BMC 12.20.020, shall be appraised using the methodology defined in BMC 12.20.020, and the applicant shall contribute a sum equal to the value of the trees to the urban forestry program; or
B. Trees shall be planted either on the site or on designated public property to replace the trees that are removed; or
C. A combination of subsections A and B above. (Ord. 1286 § 1, 1995).