Chapter 11.10
TREE REGULATIONS
Sections:
11.10.030 Authority and power.
11.10.040 Public tree planting standards.
11.10.050 Abutting property owner responsibilities.
11.10.080 Damage to public trees.
11.10.090 Public tree removal.
11.10.100 Removal of public tree stumps.
11.10.110 Tree permit process.
11.10.120 Violations and penalty.
11.10.010 Purpose.
The purpose of this chapter is to enhance the quality of life and the present and future health, safety, and welfare of all residents, to enhance property values, and to ensure proper planting and care of trees on public property. This chapter sets out regulations for managing trees, establishes practices governing the planting and care of trees on public property, and makes provisions for the maintenance and emergency removal of trees on private property that impact public property under certain conditions.
History: Ord. 1537 § 1 (Exh. A), 2024.
11.10.020 Definitions.
For the purposes of this chapter, the following words or phrases, except where the context clearly indicates a different meaning, shall be defined as provided in this section:
(1) “City” means the City of Gladstone.
(2) “Damage” means any injury to or destruction of a tree that compromises its health or longevity, or causes its death, including but not limited to: uprooting; severance of all or part of the root system or main trunk; storage of material on or compaction of surrounding soil; a substantial change in the natural grade above a root system or around a trunk; surrounding the tree with impervious paving materials; or trauma caused by accident or collision.
(3) “Hazardous tree” means a tree that, in the opinion of an ISA-certified arborist, is defective, diseased, dying, or dead and should be removed; poses a high risk of failure or fracture with the potential to cause injury to people or damage to property.
(4) “Heritage tree” means trees that have been formally recognized for their unique size, age, historical or horticultural significance.
(5) “ISA-certified arborist” means an arborist certified by the International Society of Arboriculture through a voluntary nongovernmental process by which people can document their tree experience in the science of planting, nurturing, and maintaining trees. To become an ISA-certified arborist, a tree professional must receive accreditation from the professional body of the International Society of Arboriculture.
(6) “Nuisance” means any invasive species, any tree, or limb thereof, that has an infectious disease or insect; is dead or dying; obstructs the view of traffic signs or the free passage of pedestrians or vehicles; or threatens public health, safety, and welfare.
(7) “Parking strip” means a narrow strip of land between the sidewalk and the street often used as a right-of-way for public utilities and traditionally planted with public trees and turf.
(8) “Private tree” means a tree on property that is not owned or managed by the city.
(9) “Public property” means all grounds and rights-of-way (ROWs) owned or maintained by the city.
(10) “Public tree” means trees, shrubs, bushes and all other woody vegetation in public parks, public trails and all other areas owned by the city or to which the public has free access as a park.
(11) “Right-of-way” means the space in, upon, above, along, across, over or under the public streets, roads, highways, lanes, courts, ways, alleys, boulevards, bridges, trails, paths, sidewalks, bicycle lanes, public utility easements and all other public ways or areas, including the subsurface under and air space over these areas, but does not include parks, parkland, or other city property not generally open to the public for travel, and also includes a defined strip of land on which a utility owner has the right to construct, operate, and/or maintain their asset.
(12) “Shrub” means a woody plant which is smaller than a tree and has several main stems arising at or near the ground.
(13) “Stump” means the bottom part of a tree left projecting from the ground after most of the trunk has fallen or been cut down.
(14) “Top or topping” means the non-standard practice of cutting back of limbs to stubs within a tree’s crown to such a degree so as to remove the normal canopy and disfigure or alter the natural growth of the tree.
(15) “Tree” means a woody perennial plant, typically having a single stem or trunk growing to a considerable height and bearing lateral branches at some distance from the ground.
(16) “Utility” means a service that is used by the public such as water, electricity, natural gas, water and sewer.
History: Ord. 1537 § 1 (Exh. A), 2024.
11.10.030 Authority and power.
(1) Delegation of Authority and Responsibility. The Director of Public Works and/or their designee (the “Director”) shall have full authority and responsibility to administer and enforce this chapter.
(2) Coordination Among City Departments. All city departments will coordinate as necessary with the Director and will provide services as required to ensure compliance with this chapter.
History: Ord. 1537 § 1 (Exh. A), 2024.
11.10.040 Public tree planting standards.
(1) Standards. All planting and maintenance of public trees shall conform to the requirements of this chapter as well as any standards adopted by the Director, which shall be based on the American National Standards Institute (ANSI) A-300 “Tree Care Standards” and tree care Best Management Practices (BMPs) published by the International Society of Arboriculture.
(2) Size Classes and Tree Species to Be Planted. The Director shall maintain an official list of desirable tree species for public trees in three size classes based on mature height: small (25 feet or less), medium (25 to 45 feet), and large (over 45 feet). In creating the list, efforts shall be made to ensure that the future urban forest is healthy, diverse, and resilient. No public tree may be planted if it is not a species on the list created by the Director under this subsection; provided, that other species outside of the official list may be planted as public trees with written approval from the Director.
(3) Planting Distances. The spacing of public trees will be in accordance with the three tree species classes listed in GMC Section 11.10.040(2) and no trees may be planted closer together than the following; small trees, 15 feet; medium trees, 25 feet; large trees, 35 feet, except in special plantings designed or approved by a licensed landscape architect.
(4) Distance From Curbs, Street Corners, Fire Hydrants, Street Lights, and Utilities.
(a) No public tree may be planted closer than five feet to any curb if no planting strip exists, unless planted with a root guard or other appropriate device to prevent damage by the roots to streets, curbs and sidewalks.
(b) No public tree may be planted within 20 feet of any street corner, measured from the point of nearest intersecting curbs or curb lines.
(c) No public tree may be planted within 10 feet of any fire hydrant or street light.
(d) No public tree may be placed where tree parts will encroach within 10 feet of any overhead utility wire, underground water line, transmission line or utility, other than a species designated as a small tree under GMC Section 11.10.040(2).
History: Ord. 1537 § 1 (Exh. A), 2024.
11.10.050 Abutting property owner responsibilities.
(1) The owner of any property abutting any right-of-way is responsible, at their expense, for planting, trimming, pruning, maintaining and removing public and private trees, plants and shrubs within or extending over all abutting rights-of-way, including parking strips, in accordance with the requirements of this chapter to ensure public safety or to preserve or enhance the beauty of such rights-of-way.
(2) No owner of any property abutting any right-of-way shall allow a public tree, shrub or plant for which they are responsible under this chapter or any private tree, shrub, or other plant growing on their property to obstruct or interfere with pedestrians or the view of drivers, thereby creating a hazard.
(3) No owner of any property abutting any right-of-way shall allow any public tree, plant or shrub for which they are responsible under this chapter or any private tree, plant or shrub on their property to:
(a) Constitute a threat to public health or safety reason of its size, location or condition; or
(b) Be a hazard to any sewer line, electric power line, gas line, water line or other public improvements or facilities.
(4) No owner of any property abutting any right-of-way shall allow a public tree, plant or shrub for which they are responsible under this chapter to be affected with any injurious fungus, disease, insect or other pest or allow any private tree, plant or shrub to affect a public tree, plant or shrub with any injurious fungus, disease, insect or other pest.
(5) An abutting property owner shall comply with the duties and responsibilities imposed by this chapter without any prior notice from the city. The city may, in its discretion, notify an abutting property owner of any violation of this chapter by the Director providing written notice of the violation and a duty to cure within 30 days. If the owner fails to comply with the notice, the city may undertake the necessary work to cure the issue, including but not limited to pruning or removing the public or private tree, shrub, or plant and charge the cost of such work to the property owner.
(6) Any tree, or limb thereof, on private property determined by the Director to be in violation of this chapter is declared a nuisance and the city may require its treatment or removal. The treatment or removal of such trees, plants or shrubs located on private property shall be conducted in the manner provided for the abatement of noxious vegetation in GMC Chapter 8.04.
(7) Any person who fails to comply with the provisions of this chapter will, in addition to any other penalties provided by this code, be liable to any person injured by such negligence and to the city for any costs, expenses and attorney fees incurred in defending against a claim and any judgment that the city is required to pay to an injured person.
History: Ord. 1537 § 1 (Exh. A), 2024.
11.10.060 Tree topping.
(1) Except as provided in subsection (2) of this section, it shall be unlawful for any person to top any public tree unless prior application is made to and approved by the Director or an ISA-certified arborist.
(2) This section shall not apply in cases of emergency caused by storm damage or other unexpected casualty. The person who directs or performs such emergency tree topping shall provide written notice to the Director, which written notice shall include the grounds for the emergency.
History: Ord. 1537 § 1 (Exh. A), 2024.
11.10.070 Tree pruning.
(1) The owner of any property abutting any right-of-way is responsible for pruning public trees, plants and shrubs as required by Section 11.10.050 in accordance with the standards set forth in this section.
(2) Branches shall not significantly obstruct the light from any street lamp or obstruct the view 50 feet from any street intersection or street sign, and so that there shall be a clear space of 13 feet above the street surface or nine feet above the curb line.
(3) Tree limbs that grow near high voltage electrical conductors shall be maintained clear of such conductors by the responsible electric utility in compliance with any franchise agreement. Except as otherwise provided in such franchise agreement, a utility tree trimming policy shall be subject to review and approval by the Director prior to any trimming by a utility company.
(4) All tree pruning of public trees shall be done in conformance with the American National Standards Institute (ANSI) A-300 tree care standards and ANSI Z133 safety standards.
History: Ord. 1537 § 1 (Exh. A), 2024.
11.10.080 Damage to public trees.
It shall be unlawful for any person to destroy, break or injure any public tree, shrub or plant. Such prohibited damage includes, but is not limited to, placing a sign, poster, handbill or other thing on any public tree, or causing any wire charged with electricity to come into contact with any public tree, or applying gaseous, liquid or solid substance which is harmful to trees to come into contact with the roots, leaves, or any other part of a public tree, plant or shrub.
History: Ord. 1537 § 1 (Exh. A), 2024.
11.10.090 Public tree removal.
(1) It shall be unlawful for any person to remove a public tree, or any other part of a public tree without a tree permit described in GMC Section 11.10.110, except in the following circumstances:
(a) The tree is a hazardous tree and may be made safe only by its removal.
(b) The tree is dead or dying, and its condition cannot be reversed. Prior to removal, the condition of the tree must be confirmed in writing by an ISA-certified arborist.
(c) The tree is diseased and presents a potential threat to other trees within the city, unless removed. Prior to removal, the condition of the tree must be confirmed in writing by an ISA-certified arborist.
(d) The tree is causing damage to nearby public or private facilities which cannot be corrected through normal tree maintenance.
(2) No heritage tree on public property may be removed without the approval of the Director, accompanied by confirmation in writing by an ISA-certified arborist.
(3) Any tree removed pursuant to a permit issued under GMC Section 11.10.110 or under any other allowable circumstances listed above in this section shall be replaced with a tree from the city’s approved tree species list within 30 days of the removal. The Director may extend the time period for the planting of a replacement tree for good cause, including but not limited to the appropriate planting season for the new tree. Evidence of a replacement tree shall be provided to the Director in the manner directed by the city within 10 days of the planting of the replacement tree.
(4) If a public tree is removed without Director approval or if a replacement tree is not planted within the required time period, the Director may cause a replacement tree to be planted; provided, that any such tree shall be a minimum of a one and one-half inch caliper. The Director may assess the person who was responsible for planting the replacement tree with all costs incurred by the city for planting a replacement tree under this subsection, including the cost of the tree, labor, and any administrative costs.
History: Ord. 1537 § 1 (Exh. A), 2024.
11.10.100 Removal of public tree stumps.
It shall be unlawful for any person to remove a public tree stump without a tree permit described in GMC Section 11.10.110. All public tree stumps 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. For sites where new trees will replace the stump, the person conducting the work must grind the stump 12 to 18 inches below grade, remove the grindings, backfill with native soil free of construction debris and generally clean up the site prior to planting the replacement tree.
History: Ord. 1537 § 1 (Exh. A), 2024.
11.10.110 Tree permit process.
(1) Any person, other than authorized employees, agents, or contractors of the city, must obtain a permit from the Director prior to planting, removing, or pruning any public tree.
(2) The Director shall be responsible for creating and determining what information is necessary to be included in the permit application.
(3) The permit required by this chapter shall be free, and the city shall make the permit application accessible both at the Gladstone Public Works Facility and on the city’s website.
(4) The Director may approve, approve with conditions or deny a permit application so that any work requiring a permit under this chapter is conducted in accordance with the requirements of this chapter. Any permit denied by the Director may be appealed under GMC Section 11.10.130.
History: Ord. 1537 § 1 (Exh. A), 2024.
11.10.120 Violations and penalty.
(1) Any person, firm, corporation or other entity however formed found to be in violation of any provision of this chapter shall be subject to a fine in an amount not to exceed $500.00 per violation. The Director is authorized to issue a citation to any person violating any provision of this chapter.
(2) In addition to the general penalty set forth in subsection (1) of this section, in the event that a tree is damaged, destroyed or wrongfully removed, the appraised value of the tree may be imposed as an additional penalty. The appraised value shall be determined by using the Council of Tree and Landscape Appraisers Guide for Plant Appraisal and applied by an ISA-certified or ASCA consulting arborist trained in this process.
(3) Any arborist, landscaper, contractor or tree service that has performed any tree removal in violation of this chapter, or submitted a falsified report in connection with any tree removal or application for any tree removal covered by this chapter, shall not be considered a responsible bidder for any City contracts for a period of five years from the date of violation and/or penalty, whichever is later. The City Council may, at its discretion, waive this provision upon a showing of good cause.
(4) Fines collected under this section shall be paid into the parks budget and allocated to city tree projects.
History: Ord. 1537 § 1 (Exh. A), 2024.
11.10.130 Appeals.
Any person aggrieved by a decision of the Director may appeal such decision within 10 days of written notice of the decision to the City Council by filing a written notice setting forth the basis for appeal with the City Recorder. The fee for filing an appeal shall be established by resolution in the City of Gladstone Master Fee Schedule. Any action taken by the City Council on appeal is final and may only be reviewed by writ of review as provided in ORS 34.010 through 34.100.
History: Ord. 1537 § 1 (Exh. A), 2024.