Chapter 12.20
STREET TREES

Sections:

12.20.010    Title.

12.20.020    Purpose.

12.20.030    Definitions.

12.20.040    Approved species, cultivars, and varieties.

12.20.050    Spacing.

12.20.060    Required.

12.20.070    Owner responsibilities.

12.20.080    City responsibility.

12.20.090    Urban forester.

12.20.100    Tree topping.

12.20.110    Abuse or mutilation of public trees.

12.20.120    Protection of public trees near construction activities.

12.20.130    Public nuisance.

12.20.140    Fines.

12.20.010 Title.

This chapter shall be known as the Riverton City street tree ordinance, and may be so cited and pleaded. [Ord. 12-05 § 1 (Exh. A); Ord. 9-5-00-2 § 1 (Exh. A). Code 1997 § 12-355-005.]

12.20.020 Purpose.

It is the purpose of this chapter to promote and protect the public health, safety and general welfare by providing for the regulation of the planting, maintenance and removal of trees and other plant material within the public right-of-way; and to provide a basis for the professional management of public trees; and to provide for the enduring viability of this important resource for the city, its residents, and visitors. [Ord. 12-05 § 1 (Exh. A); Ord. 9-5-00-2 § 1 (Exh. A). Code 1997 § 12-355-010.]

12.20.030 Definitions.

For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein:

“Park strip” means the area of land adjacent to a street which is within the public right-of-way and which is not occupied by sidewalk; typically the area between the curb and sidewalk, or between the sidewalk and private property line (where curb and sidewalk exist).

“Primary street trees” means trees located in the park strip located within the public right-of-way along streets where specific species of tree are required by the Riverton street tree master plan.

“Public trees” means any trees or shrubs growing in the park strip or on any other city owned and managed property.

“Right-of-way” means a portion of property reserved for public use and accepted for such by Riverton to provide circulation and travel to abutting properties, including, but not limited to, streets, alleys, sidewalks, provision for public utilities, cut and fill slopes, and open public spaces.

“Street trees” means trees or shrubs located in the park strip located within the public right-of-way.

“Tree topping” means the internodal cutting back (between existing stem and/or branch nodes) of stems or branches to stubs larger than three inches in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree. [Ord. 12-05 § 1 (Exh. A); Ord. 9-5-00-2 § 1 (Exh. A). Code 1997 § 12-355-015.]

12.20.040 Approved species, cultivars, and varieties.

(1) Conformance. Primary street trees must conform to the Riverton street tree master plan, which defines the species and location of trees for each class of planting strip width. No species other than those included in the Riverton street tree master plan may be planted within the public right-of-way along streets designated on the street tree map without written approval of the Riverton City urban forester.

(2) Canopy. At mature size, residential street trees shall form a continuous canopy to reinforce the street space and frame vistas.

(3) Unity. Continuity of tree species on both sides of the street shall be maintained along streets designated on the street tree map.

(4) Replacement. Replacement of primary street trees and the addition of primary street trees to an existing right-of-way shall be of the same species as what is existing within the block except in cases where the species is prohibited from being planted in the planting strip, in which case trees of similar characteristics (including form, height, texture, and color) and which are consistent with the Riverton street tree master plan shall be permitted but must be approved by the Riverton City urban forester and planning staff. No prohibited species of tree shall be planted within the right-of-way along any street.

(5) Power Lines. When locating trees beneath power lines, trees should be placed far enough from the power lines that branching will not reach power lines at maturity. When this cannot be accomplished, selection of species shall conform to the Riverton street tree master plan list of appropriate trees for use under power lines.

(6) Size When Planted. All primary street trees shall be planted at a minimum two-inch caliper. Larger caliper trees may be required in specific areas, as indicated in the Riverton street tree master plan or as specified by the Riverton City urban forester.

(7) Development. In the case of new development, the developer shall be responsible for new primary street tree planting. The developer must purchase and plant street trees in the right-of-way which conform to this chapter and to the Riverton street tree master plan and to the Riverton standards and specifications for irrigation and planting of streetscapes. A guarantee shall be made to the city in the same manner as that required for any other required improvement by including in a bond the estimated cost of the landscaping work at the time of building permit.

(8) Medians. All streets 80 feet wide or greater shall have a planted median unless otherwise approved by Riverton City. [Ord. 12-05 § 1 (Exh. A); Ord. 9-5-00-2 § 1 (Exh. A). Code 1997 § 12-355-020.]

12.20.050 Spacing.

(1) Planting Location. Trees shall be located in a straight line, midway between the curb and sidewalk when the width of the park strip is eight feet or less, to create a continuous street edge. No tree planting is permitted where the park strip is less than five feet.

(2) Spacing. Primary street trees shall be planted with regular spacing in accordance with the spacing designated in the Riverton street tree master plan.

No tree shall be placed closer than 10 feet from any driveway or regulatory sign. No tree shall be placed closer than five feet from any street light. Spacing adjustments which decrease the number of trees required must be approved by the Riverton City urban forester and planning staff.

(3) Fire Hydrant. No street tree shall be planted closer than 10 feet to any fire hydrant.

(4) Street Corners. Trees shall not be planted in the area formed by street curb lines and a line connecting them at points 40 feet from intersection of street curb to any street corner measured from the point of intersection of the street lines. No tree branching shall extend nearer to the ground than eight feet within the triangular area, nor shall any shrub or other plant material or obstruction be permitted taller than three feet within the triangular area.

As trees become established, a clearance area with a minimum height of eight feet along the sidewalk and 15 feet along the street shall be maintained to allow pedestrians and vehicular traffic beneath the canopy. [Ord. 12-05 § 1 (Exh. A); Ord. 9-5-00-2 § 1 (Exh. A). Code 1997 § 12-355-025.]

12.20.060 Required.

The city shall have the right to plant, prune, maintain, and remove trees within the right-of-way as necessary to ensure public safety or to preserve or enhance the symmetry and beauty of the city. The parks department and public works department 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 nature is injurious to sewers, sidewalks, electric power lines, gas lines, water lines, or other public improvements, or is affected with any injurious insect, pest, or disease. [Ord. 12-05 § 1 (Exh. A); Ord. 9-5-00-2 § 1 (Exh. A). Code 1997 § 12-355-040. Formerly § 12.20.080.]

12.20.070 Owner responsibilities.

Citizens/property owners, occupants, and their agents shall have the following responsibilities for the protection and maintenance of trees in park strips abutting their real property except in those park strips that are maintained by Riverton City:

(1) Periodic watering and fertilization of park strip trees as necessary to maintain good health and vigor.

(2) It shall be the responsibility of the abutting property owner to prune street trees in accordance with RCC 12.20.050, standards for clearance. Permits shall not be required for work done by public utility or city personnel; however, pruning practices shall coincide with accepted arboriculture standards.

(3) Protect trees in park strips from damage caused by lawn mowers, weed trimmers, snow blowers and similar equipment.

(4) Protect trees in park strip from damage caused by attachment of any items such as signs, nails, wires, ropes and chains.

(5) The species of the trees planted in the park strips should comply with the list contained in the Riverton street tree master plan unless otherwise approved by the Riverton City urban forester.

(6) Remove private trees or limbs that have fallen upon a city street, property or sidewalk.

(7) Maintain ground covers except in those park strips maintained by Riverton City.

(8) Notify the Riverton City urban forester of any hazard or nuisance tree and discuss how the issue shall be remedied.

(9) Rake, clean up, and properly dispose of leaves that fall from park strip trees so leaf fall does not impede storm drain system.

(10) Riverton City shall have no liability for the failure of any tree or landscaping installed by the private parties on other than city maintained property. [Ord. 12-05 § 1 (Exh. A); Ord. 9-5-00-2 § 1 (Exh. A). Code 1997 § 12-355-035.]

12.20.080 City responsibility.

Riverton City shall assume responsibility for trees when the following occurs:

(1) Tree care in city owned and operated parks, on the grounds of city buildings, and in park strips that are maintained by Riverton City as designated in this chapter.

(2) Pruning or removal of tree when there is found to be a condition which creates a safety hazard, visibility obstruction or damage to property and/or city infrastructure.

(3) Pruning of trees in park strips maintained by Riverton City.

(4) Removal of diseased or dying trees beyond reclamation located in park strips maintained by Riverton City.

(5) Removal of trees and/or limbs of trees in any public park strip that the Riverton City urban forester and planning director determine to be a hazard or nuisance after property notification to the abutting property owner. [Ord. 12-05 § 1 (Exh. A).]

12.20.090 Urban forester.

The urban forester shall be the supervisor of the street tree ordinance and administer the provisions of this chapter. The urban forester shall:

(1) Be responsible for the long-term management, health, maintenance, inventory, planting and design of city trees in cooperation with the planning department, parks and recreation and the public works department.

(2) Foster and maintain partnerships between public and private parties for the benefit of trees.

(3) Facilitate communication, coordination, cooperation and education for the stewardship of city and private trees.

(4) Keep abreast of new information and research in arboriculture.

(5) Train and supervise city crews so the best methods of tree care are practiced in the community.

(6) Work with engineers, architects and the planning department during the design phase of development.

(7) Periodically review this chapter, the street tree ordinance and the street tree master plan and streetscape specifications to evaluate the effectiveness of each and make recommendations for improvement and/or change.

(8) Ensure tree species diversity is encouraged throughout Riverton City. [Ord. 12-05 § 1 (Exh. A).]

12.20.100 Tree topping.

It shall be unlawful for any person, firm or city department to top any street tree, park tree or other tree on public property. 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 at the determination of the Riverton City urban forester. [Ord. 12-05 § 1 (Exh. A); Ord. 9-5-00-2 § 1 (Exh. A). Code 1997 § 12-355-050.]

12.20.110 Abuse or mutilation of public trees.

It shall be unlawful for any person to damage, transplant, top, or mutilate any public tree or primary street tree. [Ord. 12-05 § 1 (Exh. A); Ord. 9-5-00-2 § 1 (Exh. A). Code 1997 § 12-355-055.]

12.20.120 Protection of public trees near construction activities.

(1) Construction Activities. Any public tree or primary street tree not permitted for removal by the urban forester and planning staff shall be protected from injury during excavation, demolition, or construction work to the greatest extent possible. Where a number of trees need protection, the contractor shall first submit to the urban forester and planning staff, and have approved, a tree protection program.

(2) Compensation. Should trees be injured or destroyed, the city shall be compensated by either the planting of replacement trees equitable in total basal area (cross-section of tree in square inches at four and one-half feet above ground) or by monetary value as determined by an arborist. Compensation, whether monetary or by tree replacement, shall be determined by the Riverton City urban forester. [Ord. 12-05 § 1 (Exh. A); Ord. 9-5-00-2 § 1 (Exh. A). Code 1997 § 12-355-060.]

12.20.130 Public nuisance.

(1) Nuisance. Any tree located on private property which, by reason of location or condition, constitutes an imminent danger to the health, safety, or well-being of the general public, or damages utilities in the right-of-way or existing public utility easement, as determined by an authorized arborist or representative of the public works department shall be classified as a public nuisance. Specifically included are trees capable of causing an epidemic spread of a communicable disease or insect infestation. In cases where tree roots are causing the upheaval of public streets, curbs, or sidewalks, effort shall be made to mitigate the problem, so that the removal of the tree may not be required.

(2) Notice. The city shall serve notice in writing upon the owner, occupant, or agent of any lot, building or premises in or upon which a nuisance may be found, requiring the person to abate the nuisance within a 14-day period.

(3) Appeals. Notice of appeal may be filed with the planning staff and the Riverton City urban forester within 14 days of service of notice.

(4) Failure to Comply. If, after 14 days, the offending person has neither removed the nuisance nor filed an appeal, then the city shall have the authority to enter upon said property to prune, maintain or remove such tree(s) and charge the cost of removal to the property owner. [Ord. 12-05 § 1 (Exh. A); amended during 2011 recodification; Ord. 9-5-00-2 § 1 (Exh. A). Code 1997 § 12-355-065.]

12.20.140 Fines.

In such cases where a tree has been injured or destroyed due to violation of this chapter or the Riverton City street tree master plan, compensation shall be made to Riverton City by the planting of a replacement tree equitable in total basal area (cross-section of tree in square inches at four and one-half feet above ground) or monetary compensation as determined by an arborist. Determination of whether compensation shall be made in the form of a replacement or monetary value shall be made by the Riverton City urban forester. [Ord. 12-05 § 1 (Exh. A); amended during 2011 recodification; Ord. 9-5-00-2 § 1 (Exh. A). Code 1997 § 12-355-070.]