Chapter 12.36
TREES

Sections:

12.36.010  Purpose.

12.36.020  Applicability.

12.36.030  Definitions.

12.36.040  Tree removal/replacement.

12.36.050  Review criteria.

12.36.060  Permit exemptions.

12.36.070  Tree topping.

12.36.080  Protection of trees.

12.36.090  Street and frontage tree planting--When required.

12.36.100  Street tree standards.

12.36.110  Street tree plans.

12.36.120  Street tree planting.

12.36.130  Street tree maintenance.

12.36.010   Purpose.

The purpose of this chapter is to establish and maintain the maximum amount of tree cover on public and private lands in the city; provide tree-lined streets throughout the city; select, situate and maintain trees appropriately to minimize hazard, nuisance, damage, and maintenance cost; to enhance the appearance of the city; to promote a diverse, healthy, and sustainable community forest; and to educate the public regarding community forest issues.  (Ord. 1821 §1(part), 2001).

12.36.020   Applicability.

The provisions of this chapter shall apply to:

A.  Individual significant or historic trees as defined in this chapter;

B.  All trees planted in or upon any public area or right-of-way;

C.  All trees planted in or upon any private property which directly affect public infrastructure including but not limited to sewers, water mains, sidewalks, streets, public property, or clear vision distances at street intersections;

D.  All trees on developable land and subject to or undergoing development review such as site plan review, tentative subdivision review, or partition review.  (Ord. 1821 §1(part), 2001).

12.36.030   Definitions.

"Approved tree list" means those trees identified in city of Central Point publication, Tree Shapes and Sizes to Suit the Site.

"Critical root zone" is generally a circular region measured outward from a tree trunk representing the essential area of roots that must be maintained or protected for the tree’s survival.  Critical root zone is one foot of radial distance for every inch of tree diameter measured at four and one-half feet above ground level, with a minimum of eight feet.  For significant trees, the formula changes to one and one-half feet for every inch of tree diameter at four and one-half feet above ground level, with a minimum of twelve feet.

"Crown" means the leaves and branches of a tree or shrub; the upper portion of the tree from the lowest branches on the trunk to the top.  May also be referred to as "canopy."

"Diameter-at-breast-height (DBH)" is tree trunk diameter measured in inches at a height of four and one-half feet above the ground.  If a tree splits into multiple trunks below four and one-half feet, the trunk is measured at its most narrow point beneath the split.

"Drip line" means a vertical line extending from the outermost edge of the tree’s original canopy to the ground.

"Frontage tree" means a living, standing woody plant typically having a single trunk at least one and one-half inches in diameter at a point six inches above mean ground level at the base of the trunk, that is located on private property adjacent to the street right-of-way.

"Hazardous tree" means a tree or part thereof growing on private or public property which endangers, obstructs or impairs the free and full use of a public area, including utilities within these areas or is afflicted with or weakened by a disease or injury.

"Historic tree" means selected trees placed on a city inventory based on the age, species, location, health and historic significance.

"Major pruning" means removal of over twenty percent of the tree’s canopy, any tree topping, or disturbance of over ten percent of the root system.

"Private tree" means a tree located on private property, other than a frontage tree, hazardous tree, historic tree or significant tree.

"Public tree" means a tree located within a public right-of-way or on public land, such as a city park.

"Significant trees" means selected trees placed on a city inventory based on the age, species, health and location.

"Street tree" means a living, standing woody plant typically having a single trunk at least one and one-half inches in diameter at a point six inches above mean ground level at the base of the trunk, that is located within the street right-of-way.

"Topping" means the severe cutting back of limbs to stubs three inches in diameter within the tree’s crown to such a degree so as to remove the natural canopy and disfigure the tree.

"Tree" means any woody plant having a trunk five inches or more in diameter four and on-half feet above ground level at the base of the trunk.  If a tree splits into multiple trunks below four and one-half feet, the trunk is measured at its most narrow point beneath the split.

"Tree board" means an appointed citizen committee formed for the purpose of hearing concerns and making decisions regarding trees.  The Central Point planning commission currently serves in this capacity.

"Tree establishment" includes watering, initial pruning, and replacement of trees, if necessary, for a period of three years from the date of planting.  (Ord. 1821 §1(part), 2001).

12.36.040   Tree removal/replacement.

The provisions of this section shall apply to any historic tree, significant tree, street tree, frontage tree required as a condition of development, public tree or hazardous tree, unless otherwise specified.

A.  The removal or major pruning of any tree other than a private tree shall require city approval, unless specifically designated as exempt by this chapter.  Persons wishing to remove or prune such trees shall file an application for a permit with the Central Point city administrator.  The applicant shall include information describing the location, type, and size of the subject tree or trees, and the reasons for the desired action.  The request shall be forwarded to the Central Point planning commission for a decision within thirty days of submittal.  The planning commission may approve, approve with conditions, or deny the request based on the criteria stated in Section 12.36.050.  A decision of the planning commission may be appealed to the city council if notice of intent to appeal is filed with the city administrator within fifteen days of the commission’s decision.

B.  All trees other than private trees shall be removed or pruned following accepted pruning standards adopted by the city.

C.  The applicant shall be responsible for all costs associated with the tree removal or pruning and shall ensure that all work is done in a manner which ensures safety to individuals and public and private property.

D.  Approval of a request to remove a tree may be conditioned upon replacement of the tree with another tree from the city’s approved tree list, or a requirement to pay to the city an amount sufficient to fund the planting and establishment by the city of a tree, or trees, of similar value.  The value of the existing tree to be removed shall be calculated using the methods set forth in the edition then in effect of the "Guide for Plan Appraisal" published by the International Society of Arboriculture Council for Tree Landscape Appraisers.

E.  The applicant is responsible for grinding stumps and surface roots at least six inches below grade.  At least a two-inch-thick layer of topsoil shall be placed over the remaining stump and surface roots.  The areas shall be crowned at least two inches above the surrounding grade to allow for settling and shall be graded smooth.  The applicant shall restore any damaged turf areas and grades due to vehicular or mechanical operations.  The area shall be reseeded.

F.  Other conditions may be attached to the permit approval by the Central Point planning commission as deemed necessary.  (Ord. 1821 §1(part), 2001).

12.36.050   Review criteria.

A permit for major pruning or tree removal shall be granted if any of the following criteria apply:

A.  The tree is unsafe, dead, or diseased as determined by a certified arborist.  Verification of tree health may be required, at the expense of the applicant, by a certified arborist acceptable to the city;

B.  The tree is in conflict with public improvements;

C.  The proposed removal or pruning is part of an approved development project, a public improvement project where no alternative is available, or is part of a street tree improvement program.  (Ord. 1821 §1(part), 2001).

12.36.060   Permit exemptions.

A.  Hazardous Tree.  If an imminent danger exists to the public or any private property owner or occupant, the city may issue an emergency removal permit.  The removal shall be in accordance with International Society of Arboriculture (ISA) standards.

B.  Maintenance.  Regular pruning maintenance which does not require the removal of over twenty percent of the tree’s canopy, tree topping, or the disturbance of over ten percent of the tree’s root system is exempt from the provisions of this chapter.  (Ord. 1821 §1(part), 2001).

12.36.070   Tree topping.

It is unlawful for any person, firm, or the city to top any tree other than a private tree; however, trees severely damaged by storms or other causes or certain trees under utility wires or other obstructions may be exempted from normal pruning practices at the determination of the Central Point planning commission, applying criteria developed by the city.  (Ord. 1821 §1(part), 2001).

12.36.080   Protection of trees.

A.  It is unlawful for any person to remove, destroy, break, or injure any tree other than a private tree.  Individuals convicted of removing or destroying a tree without city approval shall be subject to paying to the city an amount sufficient to fund the planting and establishment of a tree, or trees, of similar value.  The value of the removed or destroyed tree shall be calculated using the methods set forth in the edition then in effect of the "Guide for Plant Appraisal" published by the International Society of Arboriculture Council of Tree Landscape Appraisers.

B.  It is unlawful for any person to attach or keep attached to any tree other than a private tree, or to the guard or stake intended for the protection of such tree, any rope, wire, chain, sign, or other device, except as a support for such tree.

C.  During the construction, repair, alteration or removal of any building or structure it is unlawful for any owner or contractor to leave any tree other than a private tree in the vicinity of such building or structure without a good and sufficient guard or protectors as shall prevent injury to such tree arising out of or by reason of such construction or removal.

D.  Excavations shall not occur within the drip line of any tree other than a private tree without approval of the city, applying criteria developed by the planning commission.  Utility pole installations are exempted from these requirements.  During such excavation or construction, the excavator or builder shall guard any such tree within the drip line, or as may be required by the planning commission.

E.  All building or other debris shall be kept outside of the drip line of any tree other than a private tree.

F.  Every effort should be made to retain existing trees on public or private property as an integral part of the development process.  The planning commission shall make every effort to modify setback requirements to include existing trees.  (Ord. 1821 §1(part), 2001).

12.36.090   Street and frontage tree planting--When required.

A.  All new multifamily development, commercial or industrial development, subdivisions, partitions, or parking lots fronting a public roadway which has a designated curbside planting strip or planting island shall be required to plant street trees in accordance with the standards listed in Section 12.36.100.

B.  Frontage trees shall be required as a condition of new development.  The standards for the planting of such trees are those listed in Section 12.36.100.  The number and location of frontage trees shall be determined by the Central Point planning commission during the site plan, tentative plan or other discretionary permit review process for new development.  (Ord. 1821 §1(part), 2001).

12.36.100   Street tree standards.

A.  The species of the street trees to be planted shall be chosen from the approved street tree list unless approval of another species is given by the Central Point planning commission.

B.  Street trees shall be a minimum of one and one-half inches in caliper measured at six inches above ground level.  All trees shall be healthy grown nursery stock with a single straight trunk, a well developed leader with tops and roots characteristic of the species cultivar or variety.  All trees must be free of insects, diseases, mechanical injury, and other objectionable features when planted.

C.  Small or narrow stature trees (under twenty-five feet tall and less than sixteen feet wide branching) should be spaced no greater than twenty feet apart; medium sized trees (twenty-five feet to forty feet tall, sixteen feet to thirty-five feet wide branching) should be spaced no greater than thirty feet apart; and large trees (over forty feet tall and more than thirty-five feet wide branching) should be spaced no greater than forty feet apart.  Within residential developments, street trees should be evenly spaced, with variations to the spacing permitted as approved by the city for specific site limitations and safety purposes.  Within commercial and industrial development staggered, or irregular spacing is permitted, as may be approved by the Central Point planning commission.

D.  When located adjacent to a local residential street or minor collector street, street trees shall be planted within a curb-side landscape strip measuring a minimum of three feet in width.  Street trees adjacent to major collector streets or arterial streets shall be placed a minimum of four feet from the back edge of the sidewalk.  In no case shall a tree be planted closer than two and one-half feet from the face of a curb.

E.  Street trees shall not be planted within ten feet of fire hydrants, utility poles, sanitary sewer, storm sewer or water lines, or within twenty feet of street light standards or street intersections, or within five feet of an existing street tree.  Variations to these distances may be granted by the public works director and as may be required to ensure adequate clear vision.

F.  Existing street trees shall be retained unless approved by the city administrator for removal during site development or in conjunction with a street construction project.  Sidewalks of a variable width and elevation may be utilized as approved by the city administrator or his designee to save existing street trees.  Any street tree removed through demolition or construction within the street right-of-way shall be replaced at a location approved by the city with a tree, or trees, of similar value.  As an alternative the property owner may be required to pay to the city an amount sufficient to fund the planting and establishment by the city of a tree of similar value.  The value of the removed tree shall be calculated using the methods set forth in the edition then in effect of the "Guide for Plant Appraisal" published by the International Society of Arboriculture Council of Tree Landscape Appraisers.  The developer or applicant shall be responsible for the cost of the planting, maintenance and establishment of the replacement tree.

G.  Sidewalk cuts in concrete for tree planting shall be a minimum of four feet by six feet, with the long dimension parallel to the curb.

H.  Street trees, as they grow, shall be pruned to provide at least eight feet of clearance above sidewalks and thirteen feet above local streets, fifteen feet above collector streets, and eighteen feet above arterial streets.  This provision may be waived in the case of newly planted trees so long as they do not interfere with public travel, sight distances, or endanger public safety as determined by the city.

I.  Maintenance of street trees, other than those located in the downtown core area (defined as that area bordered by Manzanita, Oak, Front and 6th Streets) shall be the continuing obligation of the abutting property owner.  (Ord. 1821 §1(part), 2001).

12.36.110   Street tree plans.

A.  Submittal.

1.  Subdivisions and Partitions.  Street tree planting plans shall be submitted to city staff for review and approval prior to the filing of a final subdivision or partition plat.

2.  Commercial, Industrial, Parking Lots, and Multifamily Residential Development.  Landscape plans, to include street tree planting as may be required by this chapter shall be submitted to the landscape review committee for review and approval prior to the issuance of a building permit.

B.  Street Tree Plan Content.  At a minimum, the street tree plan should:

1.  Indicate all existing trees, noting location, species, size (caliper and height) and condition;

2.  Indicate whether existing trees will be retained, removed, or relocated;

3.  Indicate the measures to be taken during site development to ensure the protection of existing trees to be retained;

4.  Indicate the location, species, and size (caliper and height) of street trees to be planted;

5.  Indicate the location of proposed and existing utilities and driveways; and

6.  Indicate the location of rights-of-way, existing structures, driveways, and trees including their species, size, and condition, within twenty feet of the subject site.  (Ord. 1821 §1(part), 2001).

12.36.120   Street tree planting.

A.  Residential Subdivisions and Partitions.

1.  Planting Schedule.  Street trees required of residential subdivisions and partitions shall be installed prior to submittal of a final subdivision plat or partition plat.  As an alternative the applicant may file a surety bond or other approved security to assure the planting of the required street trees, as prescribed in the Central Point Municipal Code.

B.  Commercial, Industrial, Multifamily, Parking Lot Development.

1.  Planting Schedule.  Street trees required of a commercial, industrial, multifamily, or parking lot development shall be installed at the time all other required landscaping is installed.  (Ord. 1821 §1(part), 2001).

12.36.130   Street tree maintenance.

Street trees shall be continually maintained, including necessary watering, weeding, pruning and replacement, by the developer or property owner for three full growing seasons following planting, or as may be required by the city.  (Ord. 1821 §1(part), 2001).