Chapter 18.155
HERITAGE TREES
Sections:
18.155.010 Intent and purpose.
18.155.020 Heritage tree program goals.
18.155.030 Heritage trees and heritage groves defined.
18.155.040 Heritage tree nomination.
18.155.050 Review and designation.
18.155.060 Heritage tree recognition.
18.155.080 Removal of heritage tree designation.
18.155.090 Variances from development standards.
18.155.100 Removal of a heritage tree.
18.155.110 Pruning and maintenance of heritage trees.
18.155.010 Intent and purpose.
This heritage tree program has been adopted by the City of Monmouth for the purpose of identifying, promoting awareness, maintaining and protecting designated heritage trees located within the City. This program acknowledges that heritage trees, whether located on public or private property, are distinct and unique living resources of our community. It is the intent of this heritage tree program to increase public awareness of heritage trees located in the City, as well as to provide reasonable assurance that Monmouth’s tree heritage will be preserved for future generations. The intent of this program is not to be regulatory or punitive, but rather to heighten public consciousness by informing and educating the public of the benefits that not only heritage trees, but trees in general, provide to the community. (Code 1983 § 96.500.)
18.155.020 Heritage tree program goals.
The Monmouth heritage tree program has four major goals:
(1) To establish a process of designating heritage trees located on either public or private property.
(2) To encourage proper maintenance, care, and protection of designated heritage trees.
(3) To inform and educate private property owners regarding the botanical resources they possess.
(4) To increase public awareness of the environmental benefit of heritage trees and trees in general. (Code 1983 § 96.505.)
18.155.030 Heritage trees and heritage groves defined.
(1) Heritage trees include trees of historical significance, special character, or community benefit, specifically designated by resolution of the City Council. Any tree growing on public or private property within the City limits of the City of Monmouth that meets the following criteria as described below can be considered for heritage tree nomination.
A tree may be considered for heritage tree status if it is in healthy growing condition and meets one or more of the following criteria:
(a) The tree has historical significance in connection with a person, place or event; or
(b) The tree has attained significant size in height, caliper, or canopy spread for its age and species; or
(c) The tree has special aesthetic qualities for its species; or
(d) The tree is prominently visible to the public, along major roads or public places; or
(e) The tree possesses rare horticulture value.
(2) A grove may be considered for heritage grove status if it is in a healthy growing condition and meets one or more of the following criteria:
(a) The grove is relatively mature and is of a rare or unusual nature, containing trees that are distinctive either due to size, shape, species or age; or
(b) The grove is distinctive due to a functional or aesthetic relationship to a natural resource, such as trees located along stream banks; or
(c) The grove has cultural or historical significance associated with a historical figure, property, or significant historical event.
(3) As used in this title, the term “heritage tree” includes trees within a designated heritage grove. (Code 1983 § 96.510.)
18.155.040 Heritage tree nomination.
The nomination of a tree as a heritage tree or a group of trees as a heritage grove may be submitted by any person on a form provided by the City.
No trees shall be designated as a heritage tree or a heritage grove without the voluntary consent of the owner. No trees located in areas identified in the Monmouth Comprehensive Plan or in adopted master plans as areas for public improvements to road, water, sanitary sewer, or storm sewer systems, or identified as locations for public buildings, shall be nominated. (Code 1983 § 96.515.)
18.155.050 Review and designation.
(1) The Tree Advisory Board shall review all requests for heritage tree or heritage grove designations and shall provide a recommendation to the City Council.
(2) The Tree Advisory Board shall review applications for heritage tree or heritage grove designation based on all the following criteria being met:
(a) Conformance with the definition of a heritage tree or heritage grove from MCC 18.155.030;
(b) Condition of the tree with respect to disease, or hazardous or unsafe conditions;
(c) Voluntary agreement of the subject property owner to the tree’s designation as a heritage tree or heritage grove.
(3) In making a recommendation, the Tree Advisory Board may consult with other groups or experts, including, but not limited to, the Historic Buildings and Sites Commission, the Parks and Recreation Board, the Planning Commission, a consulting arborist, or a local extension agent.
(4) The City Council shall designate, by resolution, heritage trees or heritage groves based upon recommendations from the Tree Advisory Board. (Code 1983 § 96.520.)
18.155.060 Heritage tree recognition.
(1) A plaque furnished by the City stating that an approved tree has been designated as a heritage tree of the City of Monmouth shall be placed in a visible location near each heritage tree. A plaque, furnished by the City of Monmouth, shall be placed in a visible location for each designated heritage grove.
(2) The Community Development Director is responsible for maintaining an inventory of heritage trees.
(3) An annual listing/map of heritage trees shall be provided for Arbor Day activities. (Code 1983 § 96.525.)
18.155.070 Hazardous trees.
(1) If, in the best judgment of the City, a heritage tree, whether standing on public or private property, has become a hazard, an arborist’s report shall be obtained.
The arborist shall evaluate the condition of the tree and recommend a suitable course of action. With the City Manager’s approval, the recommended course of action shall be carried out by the owner of the tree(s).
(2) In cases where a heritage tree has been damaged by a natural disaster or other acts of nature, the City Manager may waive the provisions of this section to the extent that the City may alleviate immediate hazards. (Code 1983 § 96.530.)
18.155.080 Removal of heritage tree designation.
(1) The City Council may remove a heritage tree or heritage grove designation upon the recommendation of the Tree Advisory Board. In making a recommendation, the Tree Advisory Board shall consider the following criteria:
(a) If the tree or grove is of poor health, diseased or no longer alive.
(b) If the tree or grove no longer meets the criteria for designation as stated in MCC 18.155.050.
(2) The City Council shall remove a heritage tree or heritage grove designation if the tree or grove is located on private property and the property owner no longer wants the designation. (Code 1983 § 96.535.)
18.155.090 Variances from development standards.
Minor variances to retain heritage trees may be allowed as follows:
(1) The Community Development Director may grant a minor variance to front, side, and/or rear yard setback standards by up to 20 percent to retain one or more heritage trees; provided, that no residential side yard shall be less than five feet. The variance shall be the minimum necessary to accomplish preservation of trees on site and shall not conflict with the Uniform Building Code or other adopted ordinances or conditions placed on the property.
(2) The Community Development Director may grant a 10 percent minor variance to the lot size, lot width, and/or lot depth standards in approving a partition request, if necessary to retain one or more heritage trees.
(3) For subdivision applications, the Planning Commission may grant a 10 percent minor variance to the lot size, lot width, and/or lot depth standards, if necessary to retain one or more heritage trees. (Code 1983 § 96.540.)
18.155.100 Removal of a heritage tree.
No person may remove a heritage tree without approval by the City Council. The City Council may allow removal of a heritage tree, by resolution, upon the recommendation of the Tree Advisory Board. In making a recommendation, the Tree Advisory Board shall consider the following criteria:
(1) Retention of the tree would make reasonable use of the property allowed under the current zoning impractical or impossible in that the development would require special design features that would increase the cost of development by five percent or more or that the development would not be allowed to meet the maximum density allowed by the applicable zoning district and that variances to lot size, lot width, or lot depth provisions of the Zoning Ordinance will not alleviate this hardship.
(2) The removal is necessary to accommodate a new improvement, structure or remodeled structure, and no alternative exists for relocation of the improvement on the site, or that variances to setback provisions of the Zoning Ordinance will not allow the tree to be saved or will cause other undesirable circumstances on the site or adjacent properties.
(3) The tree is hazardous, diseased, or storm damaged and poses a threat to the health, safety, or welfare of the public.
(4) The tree has lost its importance as a heritage tree due to damage from natural or accidental causes, or is no longer of historic or natural significance.
(5) The tree needs to be removed to accomplish a public purpose and no practical alternative exists. (Code 1983 § 96.545.)
18.155.110 Pruning and maintenance of heritage trees.
(1) The limb structure, or crown, of a heritage tree may be pruned in any one year; provided, that at least 80 percent of the existing tree crown remains undisturbed. Any person who wishes to prune a heritage tree in excess of 20 percent of the existing crown shall comply with the following requirements:
(a) The protected tree shall be pruned following acceptable arboricultural standards.
(b) The tree shall be pruned in a manner that ensures safety to public and private property, including utilities, and shall be done by a qualified professional.
(2) The City shall maintain all heritage trees located on City property or on public rights-of-way within the City. It shall be the duty of every owner of property upon which a heritage tree is standing to maintain that tree to the best of their ability. The City may give advice and assistance to property owners regarding proper maintenance of heritage trees. (MCC 18.155.010 through 18.155.110 added by Ord. 1285, November 2, 2010. Code 1983 § 96.550.)