Chapter 8.50
Trees
Sections:
8.50.010 Short title.
8.50.020 Purpose.
8.50.030 Definitions.
8.50.040 City Tree Board – Composition and procedures.
8.50.050 Tree Board – Duties.
8.50.060 Permits.
8.50.070 Planting, maintenance and removal.
8.50.080 Plantings in new subdivisions and developments.
8.50.090 Modified and new streets.
8.50.100 Protection of trees.
8.50.110 Appeals.
8.50.120 Penalty.
8.50.130 Administrative corrections.
8.50.010 Short title.
This chapter may be cited as the “Brownsville tree ordinance.” [Ord. 694 § 1, 2005.]
8.50.020 Purpose.
It is the purpose of this chapter to promote and protect the public health, safety, and welfare of the residents of the City of Brownsville by providing for the regulation of the planting, maintenance, and removal of street and park trees within the City. [Ord. 694 § 2, 2005.]
8.50.030 Definitions.
For the purposes of this chapter, the following definitions apply:
“Park trees” means trees, shrubs, bushes and all other woody vegetation in public parks and all other areas owned by the City and open to the public.
“Public right-of-way” means streets and alleys including that portion of the dedicated right-of-way which is not currently used as a street or alley.
“Street trees” means trees, shrubs, bushes, and all other woody vegetation on land located within public rights-of-way within the City. [Ord. 694 § 3, 2005.]
8.50.040 City Tree Board – Composition and procedures.
The Brownsville Parks and Open Space Advisory Board shall serve as the Brownsville Tree Board under the same rules of procedure as set forth in Chapter 2.30 BMC. [Ord. 694 § 4, 2005.]
8.50.050 Tree Board – Duties.
A. The Tree Board shall have the primary responsibility to study, investigate, develop, and to update periodically, a written plan for the care, preservation, pruning, planting, replanting, removal and disposition of all street and park trees. The plan shall be known as the Street and Park Tree Plan.
B. As part of the Street and Park Tree Plan, the Tree Board shall develop and maintain a list of acceptable species for planting as street and park trees. The species will be divided into three size classes: small, medium, and large. A list of tree species not suitable for planting will also be developed.
C. The Street and Park Tree Plan developed by the Tree Board shall be presented to the City Council, and upon Council acceptance and approval, the plan shall constitute the official comprehensive tree plan for the City.
D. The Street and Park Tree Plan will be reviewed and updated, as needed, at least once in every three-year period after the initial approval.
E. The Tree Board may also develop criteria for determining and standards for protecting “heritage trees” within the City. The purpose of the heritage tree designation is to recognize, foster appreciation of, and protect trees having significance to the community. Criteria may include such things as species rarity, age, size, quality, association with historical events or persons, or scenic enhancement. The Tree Board shall have the authority to determine, select and identify such trees that qualify as heritage trees. [Ord. 694 § 5, 2005.]
8.50.060 Permits.
A. A permit shall be obtained from the Public Works Director before planting, pruning or otherwise affecting a street tree. There shall be no fee required for this permit.
B. With a permit, adjacent property owners may plant street trees so long as the selection, location, and planting of such trees is in accordance with this chapter.
C. Any street tree planted subsequent to adoption of this chapter and not in compliance therewith shall be removed at the expense of the person who planted it. [Ord. 694 § 6, 2005.]
8.50.070 Planting, maintenance and removal.
A. The spacing of street trees will be in accordance with the three species size classes as defined in this chapter and no trees may be planted closer together than the following: small trees, 30 feet; medium trees, 40 feet; and large trees, 50 feet; except in special plantings designed or approved by the City.
B. No street trees other than those species listed herein as small trees may be planted under or within 10 lateral feet of any overhead utility wire, or over or within five lateral feet of any underground water line, sewer line, transmission line or other utility.
C. The distance trees may be planted will be in accordance with the three species size classes, and no trees may be planted closer to any curb or sidewalk than the following: small trees, two feet; medium trees, three feet; and large trees, four feet.
D. No street trees shall be planted closer than 35 feet of any street corner, measured from the point of nearest intersecting curbs or curblines. No street trees shall be planted closer than 10 feet of any fireplug.
E. The City shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the public right-of-way and public parks, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds.
F. The Public Works Director 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.
G. Unless explicitly authorized to do so, it shall be unlawful for any person 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 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 Tree Board.
H. Unless otherwise exempted upon application to the Tree Board, 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. [Ord. 694 § 7, 2005.]
8.50.080 Plantings in new subdivisions and developments.
A. Street trees shall be planted within the planting strips or sidewalks of any new subdivision or other development in conformity with the Street and Park Tree Plan. All such planting shall be done in accordance with the planting specifications governing the placement of street trees as provided by the Plan. All trees shall be planted prior to initial occupancy.
B. The cost of such street trees shall be paid by the developer. [Ord. 694 § 8, 2005.]
8.50.090 Modified and new streets.
All proposed changes in width in a street, or any proposed street improvement shall, where feasible, include allowances for planting strips. Plans and specifications for planting such areas shall be integrated into the General Plan of street improvements. Any multifamily, commercial, industrial or public facility which causes change in street improvements shall comply with the Plan. [Ord. 694 § 9, 2005.]
8.50.100 Protection of trees.
A. It shall be unlawful for any person to remove, destroy, break, or injure any street tree or park tree.
B. It shall be unlawful for any person to attach or keep attached to any street or park tree, or to the guard or stake intended for the protection of such tree, any rope, wire, chain, sign or other device whatsoever, except as a support for such tree.
C. During the construction, repair, alteration or removal of any building or structure, it shall be unlawful for any owner or contractor to leave any street 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 be placed within six feet of any street tree without approval of the Public Works Director. During such excavation or construction, any such person shall guard any street tree within six feet thereof.
E. All building material or other debris shall be kept at least four feet from any street tree. [Ord. 694 § 10, 2005.]
8.50.110 Appeals.
Any decision under this chapter made by the Public Works Director may be appealed to the Tree Board. Any decision of the Tree Board may be appealed to the City Council. Appeals must be in writing and filed within 14 days of the decision being appealed. A decision of the City Council shall be final. [Ord. 694 § 11, 2005.]
8.50.120 Penalty.
Any person violating any of the provisions of this chapter or failing to comply with them shall, upon conviction thereof, be punished by a fine not to exceed $250.00 for each separate offense; each day during which any violation of the provisions of these sections shall occur or continue shall be a separate offense. If, as the result of the violation of said provisions, the injury, mutilation, or death of a tree or shrub located in a right-of-way is caused, the cost of repair or replacement of such tree or shrub, of similar size, shall be borne by the party in violation. The replacement value of trees and shrubs shall be determined in accordance with the latest revision of Valuation of Landscape Trees, Shrubs and Other Plants, as published by the International Society of Arboriculture. [Ord. 694 § 12, 2005.]
8.50.130 Administrative corrections.
The City Administrator, at the request of, or with the concurrence of, the City Attorney, is authorized to administratively correct any reference errors contained in the provisions added or repealed herein. [Ord. 694 § 14, 2005.]