Chapter 11.70
STREET AND PARK TREES
Sections:
11.70.020 Responsible department.
11.70.030 Standards of care—Street trees.
11.70.040 Standards of care—Park trees.
11.70.050 Damage to city-owned property.
11.70.060 Approved, discouraged and prohibited trees.
11.70.070 Interference with city.
11.70.010 Definitions.
(a) “City” means the city of Othello, Washington.
(b) “Municipal arborist” means that person assigned to carry out the provisions of this chapter under the advisement of the public works director.
(c) “Park trees” means trees, shrubs, bushes and all other woody vegetation in public parks having individual names and all areas owned by the city, or to which the public has free access as a park.
(d) “Private landscaping” includes material such as grass, shrubs, bushes, plants, rock, decorative bricks, pavers and all other landscaping materials that are planted within a city right-of-way or a city easement, and are not purchased by the city.
(e) “Public right-of-way” means the platted portion of a subdivision used for purposes of a street or alley that may or may not be approved for vehicular or pedestrian traffic.
(f) “Street trees” means trees, shrubs, bushes and all other woody vegetation on public right-of-way within the city. (Ord. 1482 § 1 (part), 2016).
11.70.020 Responsible department.
A municipal arborist will be appointed and they will ensure that public trees receive the regular care they need to remain attractive, healthy, and safe. They will also submit the annual application that documents tree program accomplishments for the past year to Tree City USA. The municipal arborist will also provide clear guidance for planting, maintaining and removing trees from streets, parks and other public places. (Ord. 1482 § 1 (part), 2016).
11.70.030 Standards of care—Street trees.
(a) Private landscaping including grass, shrubs, bushes, and plants may be planted in the city rights-of-way and easements with permission from the public works director and approved right-of-way permit. The city shall have the right, but not the obligation, to prune, maintain, and remove such landscaping within all the rights-of-way of all streets, alleys, avenues, lanes, squares, and public grounds, as may be necessary to ensure public safety. The city may remove, or order the removal of, any private landscaping or part thereof within city right-of-way and easements, which is in an unsafe condition or is dangerous to sewers, electrical power lines, gas lines, water lines, sidewalks, or other public improvements, or is infected with fungus, insect or other pest. Private landscaping shall be removed by the city in the event of improvements, repairs, or maintenance to city infrastructure. The city shall not be held liable for replacement of private landscaping if it is removed for any of the above mentioned reasons within city right-of-way and easements.
(b) All private trees are prohibited in the city rights-of-way and easements.
(c) Property owners shall maintain all private landscape within the city right-of-way or city easement for the life of the plants. Said private landscaping shall be pruned and trimmed as necessary to maintain a healthy growing condition and trimmed to prevent any safety hazards. Planted areas shall be maintained free of trash and weeds.
(d) The city may plant a mix of street trees with one tree for each twenty-five lineal feet of street frontage or facade length or width. Trees may be spaced irregularly or clustered rather than uniformly spaced.
(e) A mix of evergreen and deciduous shrubs can be planted that do not exceed a height of four feet at maturity, spaced not more than four feet apart.
(f) Damaged street trees and shrubs may be removed and replaced with species and varieties and types not listed in the prohibited plants list.
(g) The city may choose to plant street trees in the city right-of-way under the advisement of the municipal arborist and public works director. The city may only plant a street tree on the approved tree list in the right-of-way (Section 11.70.060(A)). The city shall be solely responsible for the care and maintenance of public trees planted in city right-of-way.
(h) No person shall remove any street tree without prior written approval of the public works director.
(i) Prior to removal of any street trees planted within the city right-of-way: the property owner or city must request a utility locate (8-1-1) within the area of the tree and right-of-way permit.
(j) It is highly advisable to never wrap a tree trunk in wire or rope because it can kill the tree.
(k) Any city department causing removal of a street tree may, but is not required to, plant a replacement tree. (Ord. 1482 § 1 (part), 2016).
11.70.040 Standards of care—Park trees.
(a) The city of Othello public works department will be responsible for the care and management of park trees. At the direction of the public works director city staff will provide for the health, maintenance, and grooming of park trees. The public works director will provide clear guidance for planting, maintaining and removing trees from parks and other public places.
(b) It shall be unlawful for any person, firm or corporation to remove any park tree without written approval from the city. Such approval will only be granted if said tree has an adverse economic impact on private property or presents a practical difficulty creating substantial hardship for the affected property owner.
(c) Any person, firm or corporation which receives permission to remove a park tree must plant a replacement tree no less than two inches in diameter or pay into the city’s parks and recreation fund a sum equal to the cost of said replacement tree. A replacement tree or payment shall be made into the parks and recreation fund within six months from the date of written approval to remove said park tree.
(d) The city may remove or order the removal of any park tree which is in an unsafe condition or is dangerous to sewers, electrical power lines, gas lines, water lines, sidewalks, or other public improvements, or is infected with fungus, insect or other pest. Park trees shall be removed by the city in the event of improvement, repairs, or maintenance to city infrastructure. The city may choose to plant a replacement tree at the discretion of the municipal arborist and public works director.
(g) Damaged trees and shrubs may be removed and replaced with species and varieties and types not listed in the prohibited plants list.
(h) Park trees will not be stripped of bark, cut, ripped, climbed in, hung from, or used to hang signs or other materials. (Ord. 1482 § 1 (part), 2016).
11.70.050 Damage to city-owned property.
(a) Damages to city-owned property (1) caused by a tree(s) placed on private property or planted by a private party within either a city right-of-way or easement, (2) occurring during the course of care or maintenance of said tree(s) by a person other than city personnel or a person contracted by the city to perform that specific work, or (3) caused by lack of care or maintenance of said trees shall be the responsibility of the owner of the land on which the subject tree(s) is/are located when the subject tree(s) is/are on private property, or the person who planted the subject tree(s) when the subject tree(s) is within the city right-of-way. (Ord. 1482 § 1 (part), 2016).
11.70.060 Approved, discouraged and prohibited trees.
(a) Approved trees are pre-approved, specific trees that the city of Othello has approved to be planted as park trees and city planted public trees in the right-of-way. This list is also advisable to use for private landscaping outside the city right-of-way on private property: Flame Maple, Trident Maple, Tatarian Maple, Common Hornbeam, Zelkova, Tree Lilac, Red Sunset Maple, Kwanzan Flowering Cherry, Chanticleer Flowering Pear, Sparticus White Ash, and Littleleaf Linden.
(b) Discouraged trees have particular negative attributes that should be considered for sustainability for the specific location prior to planting in Othello. Research these trees carefully: Box Elder Maple, Hickory Nuts, Autumn Brilliance Service Berry, Imperial Honeylocust, Kousa Dogwood, Redbud, Black Pine, Chinese Chestnut, Catalpa, Hackberry, Hawthorn, Black Walnut, Aspens, Elms, Fruit Bearing Trees, Fruit Bearing Crabapple, and any tree within seven feet of a building or four feet of concrete.
(c) Prohibited trees have a clear and definitive reason not to plant anywhere in Othello: Tree of Heaven, Silver Maple, Box Elder, Poplar, Black Cottonwood, Pin Oak, Willows, Russian Olive, Siberian Elm, Sycamore, Sweetgum, Sequoia, Four Oak, Norwax Maple, and Black Locust. The term “prohibited trees” does not prevent a private landowner from planting the described trees on their private property outside a city right-of-way or a city easement.
(d) Any plant listed by the Adams County weed district as a noxious weed is prohibited. (Ord. 1482 § 1 (part), 2016).
11.70.070 Interference with city.
It is unlawful for any person to prevent, delay or interfere with the city or any of its agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying or removing of any street trees, park trees, or trees that may have been planted in city easements. (Ord. 1482 § 1 (part), 2016).
11.70.080 City liability.
The city’s right to trim, prune or remove privately-owned trees under this chapter shall not be interpreted as an obligation upon the city and the city’s failure to act shall not constitute a basis for any claim of liability against the city. (Ord. 1482 § 1 (part), 2016).