Chapter 52.32
TREES IN THE PUBLIC RIGHTS-OF-WAY
Sections:
52.32.030 Public policy regarding trees.
52.32.040 City of Coronado Community Development Department responsibilities.
52.32.050 City of Coronado Department of Engineering and Project Development responsibilities.
52.32.060 City-approved tree list.
52.32.070 Determination of appropriate trees.
52.32.080 Tree planting procedures.
52.32.090 Tree planting permits.
52.32.100 Removals of public trees and palms.
52.32.110 Requests for public tree and palm removals.
52.32.130 Protection of public trees and palms.
52.32.150 Penalties and restoration.
52.32.160 Trees on private property.
52.32.010 General.
A. Purpose and Intent. The purpose and intent of this chapter is to set forth the policies, regulations and standards necessary to ensure that the City of Coronado (“City”) will continue to realize the benefits provided by its urban forest. The City Council of Coronado (“City Council”) has determined that the protection of trees on public property within the City is not only desirable but essential to the present and future health and well-being of all citizens.
B. Provisions. This chapter provides full power and authority over all trees, palms and shrubs located within public rights-of-way, parkways, parks and other public places of the City. The provisions of this chapter are enacted to:
1. Establish and maintain the maximum sustainable amount of tree cover on public lands in the City;
2. Maintain City trees in a healthy and nonhazardous condition through approved arboricultural practices; and
3. Establish and maintain appropriate diversity in tree species and age classes to provide a stable and sustainable urban forest.
C. Definitions. The words below shall have the following meanings:
“City Arborist” shall mean an employee of the City of Coronado Department of Public Services, or such other person appointed by the City Manager, holding a current ISA arborist certification, who is responsible for the planting and care of all public trees, palms and shrubs within the City of Coronado’s public places or public areas.
“Director” shall mean the Director of the City of Coronado Department of Public Services (“Department of Public Services”).
“Frontage strip” shall mean the strip of land from the edge of the sidewalk furthest from the street to the residential or commercial property line.
“Hazard tree” shall mean a tree or palm identified with defects that may cause imminent unsafe conditions for the public. The severity of a hazard tree or palm shall be evaluated in order to apply the proper remedy, such as pruning or removal, to eliminate such defect or public hazard.
“Irrigation” shall mean to supply a tree, palm or shrub with water by sprinklers or manual means of watering.
“ISA” shall mean International Society of Arboriculture, an international organization whose members are deemed to be professionally trained and certified experts on tree care practices.
“Maintenance,” when used in reference to public trees and palms, shall mean pruning of branches or fronds, root pruning, tree removal, spraying, mulching, fertilizing, cultivating, supporting, treating for disease or injury or any other similar act which promotes life, growth, health or beauty of public trees and palms.
“Median” shall mean the paved or planted strip of ground dividing the opposing lanes of traffic.
“Palm” shall mean a single-stemmed plant producing large pinnately or palmately shaped fronds from the apex of the plant.
“Park tree” shall mean any tree planted on park property owned by or under the control of the City of Coronado.
“Parkway” shall mean that portion of the public right-of-way between the curb and sidewalk.
“Pruning” shall mean removal of tree branches or palm fronds. All pruning of public trees or palms shall be done according to International Society of Arboriculture standards.
“Public place” or “public area” shall mean any area owned by or under the control of the City of Coronado.
“Public right-of-way” shall mean both the street and area between the curb and the residential or commercial property line, as well as all alleys.
“Public tree” shall mean any tree planted in a public area owned by or under the control of the City of Coronado.
“Shrub” shall mean a multistemmed, woody plant with a branching habit near the ground.
“Topping” shall mean the indiscriminate cutting of large branches from the canopy of a tree, leaving large, leafless stubs, which subsequently alters the normal growth habit and may result in the death of a tree.
“Tree” shall mean a plant with a woody, self-supporting main stem or trunk that typically, at maturity, has a spreading canopy at a considerable height from the ground.
The Director of Public Services shall have the authority to interpret all foregoing definitions. (Ord. 1967 § 2, 2005)
52.32.020 Jurisdiction.
A. The City of Coronado shall have control of all public trees, palms, shrubs and other plantings in any parkway, public right-of-way, park, golf course, or other public property within the City limits.
B. The Department of Public Services shall be responsible for the planting, care and removal of public trees, palms and shrubs on public rights-of-way. (Ord. 1967 § 2, 2005)
52.32.030 Public policy regarding trees.
It is the public policy of the City of Coronado to maintain existing trees and to provide for and encourage the planting of new trees within the City to the greatest extent possible for the enjoyment and betterment of the community. (Ord. 1967 § 2, 2005)
52.32.040 City of Coronado Community Development Department responsibilities.
The Community Development Department, prior to approval of any building plans, shall identify the location and condition of any existing parkway trees or palms that may be impacted by the proposed construction. Location and condition shall be verified with an on-site inspection by the City Arborist to determine the worthiness of said trees or palms for preservation efforts. (Ord. 1967 § 2, 2005)
52.32.050 City of Coronado Department of Engineering and Project Development responsibilities.
A. The City of Coronado Engineering and Project Development Department shall consult with the Department of Public Services prior to any public or private construction projects that may interfere or have an impact upon public trees or palms. The City shall utilize employees of the Department of Public Services if pruning is necessary on public trees or palms, and, if deemed necessary, the City Arborist shall be on site to oversee such tree work as it is being performed.
B. Any encroachment permit which allows the removal of any public tree shall require the property owner to mitigate the loss by replanting a tree of equal value or pay an amount of compensation for the value of the tree to a fund that will be used to plant a tree in a different location. (Ord. 1967 § 2, 2005)
52.32.060 City-approved tree list.
The Department of Public Services, with the input of the Coronado Street Tree Committee (“Street Tree Committee”), shall establish and maintain a list of trees that are approved for public rights-of-way, parkways, parks and other public areas of the City. Copies of the tree list shall be maintained by the Department of Public Services and made available to the public upon request. (Ord. 1967 § 2, 2005)
52.32.070 Determination of appropriate trees.
Prior to the planting of any trees or palms on public property, the following determinations shall be made to ensure the appropriate tree is selected for the proposed planting site:
A. The mature height of the tree shall be considered to avoid interference with overhead power lines, roof lines, signage or the like;
B. The mature breadth of the tree and its branching habit shall be considered to avoid obstruction of sidewalks and streets; and
C. The potential invasiveness of tree roots shall be considered to avoid such common problems as buckling of planters, sidewalks or curbs. (Ord. 1967 § 2, 2005)
52.32.080 Tree planting procedures.
A. It shall be the policy of the City of Coronado to replace trees on public property that have died or have been removed for any reason. No person other than City employees, City-authorized contractors, City-authorized agents or volunteers organized and supervised by the Street Tree Committee shall plant any tree within a public right-of-way or on public property without first obtaining a tree planting permit from the Director of Public Services. Selected trees shall be from the City-approved street tree list.
B. Any property owner desiring to plant a tree or trees in the parkway strip abutting their property shall comply with the terms and conditions of this chapter and such tree or trees, once planted, shall be strictly subject to management by the City to include pruning and removal as necessary to protect the public’s heath and safety. Any unauthorized planting shall be removed at the discretion of the Department of Public Services. Planting on the parkway cannot be such that it obstructs public access between the street and sidewalk, or access along the street or sidewalk. (Ord. 1967 § 2, 2005)
52.32.090 Tree planting permits.
Any property owner desiring to plant a tree or trees in the parkway strip abutting their property shall apply for and obtain a tree planting permit from the City of Coronado Department of Public Services. (Ord. 1967 § 2, 2005)
52.32.100 Removals of public trees and palms.
Trees or palms on public property are to be removed at the discretion of the Department of Public Services. Trees and palms on public property are to be removed if they present a condition that is hazardous, are in declining or poor health and the condition cannot be corrected by pruning or any other means. Removal is warranted if the cost of maintaining the tree or palm is greater than its value. (Ord. 1967 § 2, 2005)
52.32.110 Requests for public tree and palm removals.
All requests for public tree or palm removals are to be reviewed by the City Arborist and/or the Street Tree Committee. The City Arborist shall have the authority to order removal of public trees or palms that present an imminent hazard. Request for removals for reasons other than hazardous conditions are normally referred to the Street Tree Committee for consideration. Concerns including property damage, landscape renovation, maintenance problems, declining tree health, nonapproved tree species and environmental issues are typical reasons for requesting tree removal. The Director of Public Services, after considering the recommendations of the City Arborist and/or the Street Tree Committee, shall have the authority to issue or not issue a removal permit. This decision can be appealed to the City Council by submitting a written request to the Director of Public Services, asking that the matter be placed on a City Council agenda. (Ord. 1967 § 2, 2005)
52.32.120 Maintenance.
A. Pruning. Public requests for pruning shall be reviewed by employees of the Department of Public Services and prioritized accordingly. The public will not dictate the pruning practices or priorities by virtue of complaints or requests. All tree pruning shall be performed to ISA standards as adopted by the City. It shall be the responsibility of the Department of Public Services or their authorized representative to perform all pruning on City-owned trees. Only authorized persons or parties shall prune or trim any tree planted within any public area of the City. Tree pruning permits are issued by the Department of Public Services to authorized persons.
B. Tree Topping. It shall be unlawful for any person, firm, or corporation to top any tree on public property.
C. Severely Damaged Trees or Palms. Public trees or palms severely damaged by storms or other causes, or certain trees or palms under utility wires or other obstructions where other pruning practices are impractical, may be exempted from the provisions of this chapter at the determination of the Director of Public Services.
D. Watering. It shall be the responsibility of each property owner to provide adequate water to a public tree or palm planted adjacent to their property to ensure its proper establishment and ongoing health.
E. Pest Control. Any control measures taken to reduce insect pests, disease problems or suppress fruit production on public trees or palms shall be performed by a qualified applicator from the City, or, if contracted by the City, by a certified pest control operator. (Ord. 1967 § 2, 2005)
52.32.130 Protection of public trees and palms.
A. It shall be unlawful for any person, firm, corporation or public entity to attach or place any sign, poster, advertisement, notice or the like on any public tree or palm without permission of the Department of Public Services;
B. It shall be unlawful for any person, firm, corporation or public utility to attach or place any rope, wire, swing seat, tree house or the like on any public tree or palm without permission of the Department of Public Services; and
C. It shall be unlawful for any person, firm, corporation or public utility to place salt, brine, petroleum products, herbicides or other substances in such amounts as to be toxic or injurious to the health, growth or vitality of any public tree or palm. (Ord. 1967 § 2, 2005)
52.32.140 Construction.
A. No person, firm, corporation or public utility shall excavate any ditches, tunnels, trenches or install any driveway apron or paved walkway within a radius of 10 feet from any public tree or palm without first obtaining a written permit from the Director of Public Services.
B. The Director of Public Services shall certify all City permits for construction, installing, altering, moving or raising of all buildings, utilities, sidewalks, sewers or other operations where public trees or palms are involved.
C. No person, firm, corporation or public utility shall place or maintain within the parking strip or public right-of-way any stone, mortared brickwork, cement, sidewalks or other materials which impede the free access of air and water to the roots of any public tree or palm or likewise impact a potential tree planting site without first obtaining an encroachment permit from the City of Coronado Department of Engineering and Project Development.
D. Any public utility maintaining any overhead wires or underground pipes or conduits shall obtain a written permit from the Director of Public Services before performing any maintenance work on wires, pipes or conduits which may cause injury to any public tree or palm. The public utility shall in no way injure, deface, prune or scar any public tree or palm until their plans and procedures have been approved by the Director of Public Services.
E. As a condition to allowing a permittee to remove any public tree or palm, the Street Tree Committee may require that the permittee plant, at his or her expense, another tree or palm in place of the one removed. The Street Tree Committee, in such cases, shall direct the type, size and location of the tree or palm to be planted and the time frame within which the work shall be done. (Ord. 1967 § 2, 2005)
52.32.150 Penalties and restoration.
A. Any property owner who damages, tops, prunes or removes any tree from public property will restore the environment by planting one or more trees in such quantity and size that the Director of Public Services designates as a restoration planting. The restorative plan will be based on planting sufficient trees as are necessary to provide an amount of foliage reasonably equal to that which was unlawfully removed. In the case of unlawful removal of any public tree or trees, the restoration plan shall require planting a tree or trees of similar size or additional trees such that the total of the circumference of the trees to be planted shall be equal to the circumference of the tree or trees unlawfully removed.
B. Any property owner who causes or allows damage to the base of a public tree or palm with mowing or weed-whipper equipment sufficiently to cause its death shall be required to fund the purchase and planting costs of a replacement tree or palm.
C. Any property owner who causes or allows the unlawful removal of any public tree or palm may be fined or subject to penalties as prescribed under existing laws or ordinances of the City of Coronado.
D. In addition to any other remedies set forth in this section, any person violating any of the provisions of this chapter may be required to pay an administrative fine in accordance with the provisions of Chapter 1.10 CMC. (Ord. 1967 § 2, 2005)
52.32.160 Trees on private property.
A. Any tree, palm or shrub growing on private property which overhangs or projects into the public right-of-way shall be pruned so as to prevent the obstruction of any driver’s view of a street intersection and/or sign. Adequate clearance shall be maintained so as to provide free and safe movement of pedestrians and vehicles on the public right-of-way.
B. It shall be the responsibility of the owner of the property from which the tree, palm or shrub originates to maintain the same in compliance with the above requirements. The Director of Public Services shall have the authority to notify the private property owner to abate any hazardous condition. Said notice shall allow 30 days for compliance. At the end of 30 days, the Director may enter the private property to prune or remove any tree, palm or shrub that is considered to be detrimental to the health, safety or welfare of the public. The costs of such abatement shall be assessed to the property owner.
C. In the event of an imminent hazardous condition, the Director may remedy the situation immediately and assess the costs to the property owner. (Ord. 1967 § 2, 2005)