Chapter 12.12
TREES
Sections:
12.12.010 Title of provisions.
12.12.020 Statement of policy.
12.12.040 Applicability of provisions.
12.12.070 Permit requirements and procedures.
12.12.080 Commercial tree trimmers.
12.12.100 Subdivision requirements.
12.12.110 Maintenance and protection.
12.12.150 Violation – Penalty.
12.12.010 Title of provisions.
The ordinance codified in this chapter shall be known as the “tree ordinance” of the city. (Ord. 147 § 1, 1974)
12.12.020 Statement of policy.
A. It is the policy of the city to encourage the planting and maintenance of appropriate trees and shrubs in the city for the enhancement of erosion control, fire prevention, vehicular and pedestrian traffic safety, control of storm sewage, consideration to interference with public utility improvements and facilities, beauty, controlling tempering effects of extreme temperature, attractiveness of the city to visitors, and sustaining the long term potential increase in property values which encourages quality development.
B. For these reasons the council finds that in order to promote the public health, safety and general welfare of the city, while at the same time recognizing individual rights to develop private property in a manner which will not be prejudicial to the public interest, it is necessary to enact regulations controlling the planting, protection, maintenance and removal of trees within the city. (Ord. 147 § 2, 1974)
12.12.030 Definitions.
For the purposes of this chapter:
A. “City” means the City of Escalon.
B. “City administrator” means the city administrator of the City of Escalon or his authorized representative.
C. “City council” means the city council of the City of Escalon.
D. “Ground cover” means and includes low plants, including grass, commonly maintained at less than two feet in height when fully grown.
E. “Maintenance” or “maintain,” when used in this chapter in reference to plants, trees, shrubs or other growth, means clipping, pruning, fertilizing, spraying, treating for disease or injury, and any other similar acts which promote the health, growth or beauty of such plants, trees, shrubs or other growth.
F. “Owner” means and includes the legal owner of real property fronting on any street of the city, and any lessee of such owner.
G. “Parkway” means the area between a sidewalk and curb.
H. “Person” means any individual, firm, partnership, association or corporation acting as principal agent, officer, servant or employee, for himself, or for any other person, firm or corporation.
I. “Planning commission” or “commission” means the planning commission of the city.
J. “Planting easement” means that portion of land made available as a public easement for the purpose of planting and maintaining street trees.
K. “Public streets” or “streets” means and includes all roads, streets, avenues, boulevards, alleys, parkways, and public right-of-way, or any portion thereof, of the city.
L. “Shrub” means and includes any low plant, commonly maintained at less than eight feet and more than two feet in height when fully grown.
M. “Street right-of-way” means the street right-of-way belonging to the public, including islands, dividers and parkways.
N. “Street tree area” means that area between public street right-of-way lines plus 20 feet each side thereof.
O. “Street tree plan” means an official adopted plan for the planting of certain varieties of trees in public rights-of-way, planting easements or street tree area.
P. “Street trees” means those trees specified in the street tree plan.
Q. “Tree” means and includes any woody perennial commonly maintained at more than eight feet in height when fully grown. (Ord. 147 § 3, 1974)
12.12.040 Applicability of provisions.
A. These rules and regulations shall apply:
1. To all work required under any city ordinance, including EMC Title 16, Subdivisions, or required as a condition of other work performed in the street right-of-way and public places of the city; and
2. To individuals and groups planting trees and shrubs voluntarily.
B. These rules and regulations shall also serve as a guide for work done by or under contract for the city. (Ord. 147 § 3(A), 1974)
12.12.050 Street tree plan.
A. The city administrator shall prepare or have prepared a report of a street tree plan. Such plan shall be submitted to the planning commission which shall review such plan and submit its recommendations to the city council. After making any revisions thereto it may deem advisable, the city council shall adopt such plan by resolution. Amendments to the plan shall be made in the same manner as the original adoption. The plan shall include a master tree list containing the botanical name, common name, spacing and other pertinent data. The plan shall include a map of the city which graphically portrays the varieties of trees to be planted on designated streets. The plan shall be placed in the files of the city clerk and shall thereafter be the official street tree plan.
B. No tree shall hereafter be planted in any public street, planting easement or street tree area without a permit from the city. The city administrator shall require that all new plantings of trees shall be in accordance with the provisions of this chapter and the street tree plan. (Ord. 147 § 4, 1974)
12.12.060 Prohibited trees.
Some types of trees upon maturing, instead of becoming assets to the community, become liabilities due to structural weaknesses, disease or insect susceptibility, short life, destructive root systems, and rank growing branches requiring excessive maintenance. Due to one or more of these characteristics, the city council shall by resolution in accordance with EMC 12.12.050 designate prohibited trees. It shall be unlawful to plant prohibited trees in the city. (Ord. 147 § 5, 1974)
12.12.070 Permit requirements and procedures.
A. Any person desiring to plant, cut down, destroy, or remove or move any tree within the street tree plan area in the city shall make application to the city administrator for a permit. The application shall contain the number, species, size and location of the trees to be planted, cut down, destroyed, removed or moved and a brief statement of the reason as well as any other pertinent information he may require. The permit, when granted, shall entitle the applicant to proceed with the work.
B. Upon receiving any such application for permit, the city administrator may inspect the premises involved, and the surrounding area, and shall ascertain the tree's removal to the street tree plan.
C. The determination of the city administrator in granting or denying a permit shall be based upon the following standards:
1. The condition of the trees with respect to disease, general health, damage, public nuisance, danger of falling, proximity to existing or proposed structures and interference with utility service; and whether or not the tree acts as a host for a plant which is parasitic to another species of tree which is in danger of being exterminated by the parasite;
2. The species of the tree;
3. The number of existing trees in the area and the effect of tree removal upon the public health, safety, prosperity, beauty and general welfare of the area;
4. Good forestry practices, i.e., the number of healthy trees that a given parcel of land will support;
5. The necessity to remove the tree or trees in order to construct any proposed improvements to allow economic enjoyment of the property;
6. The topography of the land and the effect of the removal of tree on erosion, soil retention and diversion or increased flow of surface waters;
7. As part of a city-approved program of replacement of nonconforming trees;
8. The tree is causing extensive damage to public or private property and root pruning and other remedial means have proven unsuccessful.
D. For new trees the city administrator shall approve the specific location of each tree in the field or on a plan drawn to scale, taking into consideration topography, street configuration, clearance from intersecting streets, alleys, driveways, walks, street lights, traffic signs, utility vaults, and other public facilities, preservation of views, and coordination with other existing and proposed public and private planting and other authorized work.
E. In granting a permit the city administrator may attach reasonable conditions to ensure compliance with the intent and purpose of this section. When a permit is denied, the city administrator shall state the reasons for the denial based on the above standards. (Ord. 147 § 11, 1974)
12.12.080 Commercial tree trimmers.
Any person engaging in the business of pruning, trimming or removing of trees in the city shall secure an annual permit to so operate from the city administrator. This permit is in addition to all other business licenses required by Chapter 5.04 EMC, as amended. A fee as established by resolution of the city council may be charged for the issuance of said permit. As a condition to obtaining said permit, the person shall furnish satisfactory proof to the city administrator that he has public liability insurance covering said pruning, trimming, or removing of trees, in minimum amounts of $50,000 for injury to any one individual, $100,000 in the aggregate, and property damage insurance in the minimum amount of $25,000 or other amounts as established by the council by resolution. The policy or policies of insurance, or certificates thereof, shall be filed with the city administrator, prior to the issuance of said license, and such person shall keep said insurance in full force and effect during the term of the permit. (Ord. 147 § 12, 1974)
12.12.090 Public utilities.
Any person doing business as a public utility subject to the jurisdiction of the State Public Utilities Commission and any duly constituted public agency authorized to provide and providing utility service shall be given a permit from the city administrator, valid for one year from the date of issuance, permitting such person, to trim, brace, remove or perform such other acts with respect to trees growing in public street rights-of-way or which grow upon private property to the extent that they encroach upon such public streets as may be necessary to comply with the safety regulations of said Commission and as may be necessary to maintain the safe operation of its business. Such maintenance for utility purpose shall be performed in a manner to prevent damage to other plants or property. (Ord. 147 § 8, 1974)
12.12.100 Subdivision requirements.
A. With the filing of a tentative map of any new subdivision for five or more lots, the subdivider shall file with the planning commission a proposed plan of street tree planting, designating the location and variety of trees proposed to be planted in the subdivision and shall be in conformance with the policy of the street tree plan. The map shall also designate clearly any trees upon the property which are to be removed. The planning commission shall review and approve the plan at the same time of approving the tentative subdivision map. Tentative approval of the map by the planning commission of the city shall constitute a permit to the owner to remove any trees so designated. Any changes in the trees to be planted or removed as designated on the tentative subdivision map, as filed and approved, shall be permitted under the provisions of EMC 12.12.080.
B. Before approval of the final map of a new subdivision in the city, the subdivider shall have planted the street trees in the subdivision according to the plan approved with the tentative map or shall pay to the city the total costs of all trees required in accordance with the street tree plan and the planting thereof as computed and fixed by the city administrator. If payment for planting the street trees is made by the subdivider to the city, the city shall plant the trees at the proper time and in conformance with the plan of the tentative subdivision. Watering and care of the trees thereafter shall be the responsibility of the owners of the property. (Ord. 147 § 6, 1974)
12.12.110 Maintenance and protection.
A. It is the responsibility of each owner to control insects, scales, parasites, fungus and other injurious pests or plant material that would cause serious injury to street trees and other plant material within the city.
B. Each owner is responsible for proper watering of street trees.
C. Except as provided elsewhere in this chapter, it is unlawful to cut foliage overhanging city streets or roots in city streets without a permit.
D. Obstruction of visibility on corner lots in the area between 30 inches above the ground and eight feet above the ground may restrict the public's visual enjoyment of the street and be hazardous to vehicular and pedestrian traffic. Therefore, no shrubs shall be planted in a parkway or within 10 feet of the curbline on corner lots without a permit being approved by the city administrator after finding that such shrubbery will enhance the appearance of the street, not be detrimental to traffic safety, and not impede pedestrian use. Any shrub or tree within the street right-of-way of any lot, whether a corner or interior lot, determined by the city administrator to be a hazard to vehicular or pedestrian traffic, may be required to be removed or pruned by the property owner to eliminate such hazard.
E. City forces will, within available resources, periodically trim all trees in the street rights-of-way in accordance with their growth characteristics. Generally, trees will be trimmed to provide clearance for the travel way of vehicles.
F. No person shall injure, break, deface, mutilate, kill or destroy any tree in the street tree area by any means, including but not limited to the following:
1. Constructing a sidewalk or otherwise filling up the ground area around any tree so as to shut off light, air or water from the roots without special construction;
2. Altering the existing ground surface within four feet (measured horizontally) of the base of any tree by cut, fill or compacting. Tree wells may be used where advisable. Excavation adjacent to any tree shall not be permitted where damage to the root system will result;
3. No oil, gas, chemicals, heavy construction machinery, or other construction materials shall be stored within 10 feet of any tree;
4. No piling of building material, equipment or other substance around any tree;
5. Attach or place any rope, wire (other than those needed for support of a young or broken tree), sign (other than small tree identification signs), poster or handbill, wires charged with electricity (except Christmas lights during the Christmas season), or any other thing on any tree growing in any street right-of-way;
6. Set fire to or permit any fire to burn where such fire or heat thereof will injure any portion of any tree in any street tree area in the city;
7. Allow mistletoe to grow on any tree in the street tree area.
G. Any such tree allowed or maintained contrary to the provisions of this section is declared to be a public nuisance. Upon a determination by the city administrator that such private tree constitutes a nuisance, he shall give written notice to the owner of the property upon which said nuisance exists to trim, remove, or otherwise control such tree in such a manner as will abate such nuisance. Failure to comply with such written notice within 10 days thereafter shall be deemed a violation of this section. Such written notice may be given by a personal service of a copy thereof, or by placing a copy of said notice in the United States Mail, postage prepaid, addressed to the owner of the property as shown by the last assessment roll of the city. Upon failure to comply, the city administrator may cause the work to be done, the cost thereof to be charged to the property owner. (Ord. 147 § 7, 1974)
12.12.120 Dangerous trees.
Any tree or shrub growing in a street tree area or public place which in the opinion of the city administrator endangers the life, health, or safety of the public or the full and safe operation of a public utility shall be declared to be a public nuisance, and the city administrator shall notify the owner, or his duly authorized agent, in writing, that such tree or shrub is a nuisance and shall be trimmed or removed. Failure of the property owner or his duly authorized agent to remove or trim such tree or shrub within 10 days after receipt of said notice by the city administrator shall be a violation of this chapter, and the city administrator may then remove or trim said tree or shrub and assess the cost against the property owner. (Ord. 147 § 10, 1974)
12.12.130 Tree removal.
A. No person shall remove any tree upon or in any public street, planting easement, or street tree area in the city without prior permission and approval therefor from the city administrator. The city administrator is authorized to grant such permission at his discretion and where necessary. Excepting those issued to public utility companies and subdividers, as provided in EMC 12.12.090 and 12.12.100 respectively, no such permission granted shall be valid for a longer period than 30 days after its issuance.
B. As a condition to granting a permit under this section, the city administrator shall collect a deposit from the applicant sufficient to defray the cost of replacing said removed tree with an approved tree in conformance with the street tree plan.
C. In case of emergency when a tree is hazardous or dangerous to life or property it may be removed by order of any member of the police department or upon order of the city administrator. (Ord. 147 § 9, 1974)
12.12.140 Appeals.
Any person aggrieved by any act or determination of the city administrator in the exercise of the authority herein granted shall have the right of appeal to the city council of the city. Appeals may be made by filing written notice thereof with the city clerk within 10 days after the receipt of such direction or order, stating in substance that the appeal is being made from such direction or order to the city council. The city clerk shall thereupon call such appeal to the attention of the city council at their next regular meeting. Action under any direction or order which has been appealed shall be suspended pending final decision of the city council on the appeal. The city council may set any such appeal for public hearing, giving such notice to the public or to the persons concerned as the council deems advisable. Following the hearing of any such appeal, the city council may affirm, reverse, or modify the action of the city administrator, and may take any action thereof which would have been authorized in the first instance. Action by the city council shall be conclusive and final and in the event the city council shall uphold the direction or order of the city administrator, the property owner, or his duly authorized agent, shall within 15 days thereafter comply with such direction or order. (Ord. 147 § 13, 1974)
12.12.150 Violation – Penalty.
It is unlawful and constitutes an infraction for any person to violate or fail to comply with any provision of this chapter. (Ord. 470, 2003; Ord. 147 § 14, 1974)