Chapter 11.118
TREE STANDARDS
Sections:
11.118.040 Licensing and permits.
11.118.060 Planting, maintenance and removal.
11.118.010 Purpose.
The purpose of this chapter is to establish regulations for planting, care and maintenance of trees within the city limits of Ritzville, and promote good health and stewardship on both public and private property. (Ord. 2085 § 1, 2015).
11.118.020 Applicability.
This chapter provides full power and authority over all trees, plants and shrubs located within street rights-of-way, parks and public places of the city. Private trees within the city are only regulated to the extent that they constitute a hazard or threat or with respect to topping trees or as described herein. (Ord. 2085 § 2, 2015).
11.118.030 Definitions.
Whenever used in this chapter, the following terms shall be defined as herein indicated:
“City” means the city of Ritzville, mayor or his/her designee.
“Emergency maintenance” means relief of an imminent and severe threat to public safety or property, including power lines, caused by the condition of a public tree or private tree.
“Hazardous tree” means a tree that poses a severe threat to public safety or property, but the threat is not imminent enough to constitute an emergency.
“Large tree” means any mature tree which would exceed a height of 49 feet and spread of 34 feet.
“Major pruning” means cutting back of limbs larger than one and one-half inches in diameter on street trees.
“Mature tree” means trees that have reached at least 75 percent of their final height and spread.
“Medium tree” means any mature tree which would reach a maximum height of 25 to 49 feet with a maximum spread of 34 feet.
“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.
“Publicly owned property” means property within the city of Ritzville and owned by the city in a fee simple absolute; or implied or expressly dedicated to the public for present or future use for purposes of vehicular or pedestrian traffic, park and open spaces or public easements.
“Significant tree” means an existing deciduous or coniferous tree six inches or more in diameter measured four feet six inches above the adjacent grade, of any species suitable for inclusion as permanent landscaping in a project. This also includes unusual, historic heritage or rare trees.
“Small trees” means any mature tree which would reach a maximum height of 24 feet with a maximum spread of 24 feet.
“Street trees” means trees, shrubs, bushes, vines and all other woody vegetation on publicly owned property or on private land that is an obstruction within the public rights-of-way within the city.
“Stumps” means the lower portion of the tree up to a maximum height of four feet, which remains after the foliage, limbs, branches and the upper part of the trunk have been cut off.
“Tree board” means the named advisory board which reports to the city council and acts in an advisory capacity on the community forestry program.
“Tree owner” means the owner of the real property on which 51 percent or more of the trunk is located at ground level.
“Tree topping” shall be herein defined as the severe cutting back of limbs 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. 2085 § 3, 2015).
11.118.040 Licensing and permits.
It shall be unlawful for any person or entity to engage in the business for profit of planting, trimming, pruning, removing, spraying or other activities relating to trees, shrubs, or vines within the city without written approval of the city of Ritzville. A business registration is required according to the city code as well as signature on the “acknowledgment” in Exhibit B.
Any permit or license will be issued at the time of request; provided, that all license material has been submitted and deemed sufficient.
Exhibit B
I, _____________________________, hereby acknowledge that I have completed and/or agreed to the following items:
I have completed the City of Ritzville Business Registration and paid any fees, if applicable
I have provided a copy of Company Insurance as required in RCC 11.118.050
I have received a copy of the City of Ritzville Ordinance 2085, City Tree Standards
I acknowledge that the City of Ritzville prohibits Tree Topping on ALL public and private property
Signed this day _____________________
By: ______________________________
_________________________________
Company Name
(Ord. 2085 § 4, Exh. B, 2015).
11.118.050 Insurance.
Before any business license is issued each applicant shall first file evidence of current liability insurance to include a minimum of $1,000,000 bodily injury or death and $1,000,000 property damage each occurrence. Documentation shall also show the city of Ritzville as not liable in any such occurrence or endeavor associated with the applicant. (Ord. 2085 § 5, 2015).
11.118.060 Planting, maintenance and removal.
It is the city’s goal to work with the landowners of our community to provide adequate and healthy trees by utilizing the provisions set forth below:
A. Species. The species list contained in Exhibit A constitutes the official street tree species for Ritzville, Washington. No species other than those included in this list may be planted as street trees without written permission of the tree board or city council.
B. Spacing. The spacing of street trees will be in accordance with the species size classes listed in Exhibit A. 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 tree board or city council.
C. Distance from Curb or Sidewalk. No street tree shall be planted closer than 25 feet from any street corner, measured from the point of the nearest intersecting curbs or curb lines and at least three feet from a sidewalk or curb. No street tree shall be planted closer than 10 feet of any fire hydrant. All provisions of Chapter 11.90 RCC, Landscaping, Screening and Property Maintenance, shall apply.
D. Utilities. No street tree other than those species listed as small trees in Exhibit A 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.
E. Public Tree Care. The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the boundaries of all rights-of-way, like streets, alleys, avenues, lanes, boulevards, parks, open spaces and public grounds as may be necessary to ensure public safety or preserve or enhance the symmetry and beauty of such areas.
The following shall be the responsibility of the adjacent property owner regarding the care of street trees, unless other arrangements are made with the public works department:
1. Major pruning.
2. Caring for and mitigating root damage to streets, sidewalks, and underground public utilities.
3. Treatment, when possible, of disease and invasive insect infestation.
4. Tree removal when any conflict cannot be otherwise remedied.
5. Emergency maintenance.
6. Performing maintenance to meet the standards as outlined in this chapter.
7. Routine maintenance, including minor pruning; watering; fertilizing; and leaf, pinecone, and fallen limb removal.
8. Notifying the city when: major pruning is required; emergency maintenance is needed; conflicts exist between roots and sidewalks/streets; limbs interfere with wires or power lines; limbs pose a risk to public safety; and when there may be disease or insect problems.
The city has the right, but not the obligation, to perform routine maintenance on street trees as described in this section. This does not dismiss the responsibilities of the adjacent property owner, nor does it impose any liability upon the city.
In nonemergency situations, the city and its contractors reserve the right to schedule maintenance at their own discretion, but within a reasonable amount of time. Deciding factors include how imminent the need for maintenance is, as well as time and funding constraints.
The city may remove 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 persons, sewers, electric power lines, gas lines, water lines, or is affected by any injurious fungus, insect or trees based on risk at the owner’s expense. This section does not prohibit the planting of street trees by adjacent property owners; providing, that the selection and location of said trees is in accordance with the provisions of this chapter.
F. Tree Topping. It shall be unlawful as a normal practice for any person, firm, or city department to top any street tree, park tree or other tree on public or private 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 from this chapter at the determination of the tree board or city council.
G. Pruning, Corner Clearance. Every owner of any tree overhanging any street or right-of-way within the city shall prune the branches so that such branches shall not obstruct the light from any street light or obstruct the view or access of any street intersection, traffic control device, or fire hydrant. There shall be a clear space of 10 feet above the surface of the street or sidewalk. Trees must adhere to the clear view triangle requirements as outlined in this title.
Said owners shall remove all dead, diseased or hazardous trees, or broken or decayed limbs which constitute a menace to the safety of the public.
The city reserves the right to prune any tree or shrub on private property when it interferes with the proper spread of light from a street light or interferes with visibility of any traffic device or sign and will be billed to the homeowner.
H. Dead or Diseased Tree Removal on Private Property. The city shall have the right to the removal of any dead or diseased trees on private property within the city when provided in writing by an ISA certified arborist when: such trees constitute a hazard to life and/or property; or harbor insects; or diseases which constitute a potential threat to other trees. Removal shall be done by said owners at their own expense within 60 days, or shorter depending on the hazard to the public and/or recommendation by arborist, after the date of service of notice. All portions of the affected tree shall be removed in order to prevent spreading the affliction to other trees. In the event of failure of owners to comply with such provisions, the city shall have the authority to remove such trees and charge the cost of removal to the owner and lien the property if necessary.
I. Removal of Stumps. The area for stump removal is that which causes the surface of the ground to be higher than the adjacent grade. All stumps of street and park trees shall be removed a minimum of four inches and a maximum of 12 inches below the existing grade so the top of the stump shall not project above the surface of the ground. The hole or depression resulting from the removal work shall be filled with topsoil and made level with the existing grade.
Exhibit A
Tree List
The following is a list of recommended species for different locations. This is not a complete list. New varieties are discovered and made available at different times. Other trees may be substituted and used, if approved by the tree board.
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RECOMMENDED STREET TREES |
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SMALL TREES: |
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Autumn Brilliance Serviceberry |
Sugar Tyme Crab Apple |
Globehead European Ash |
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Frauter’s Vesuvius Flowering Plum |
Newport Flowering Plum |
American Hornbeam |
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Canada Red Chokecherry |
Kwanzan Oriental Cherry |
Paperback Maple |
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Cornelian Cherry Dogwood |
Japanese Hornbeam |
Persian Parrotia |
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Golden Desert Ash |
Prairifire Crabapple |
Lavalle Hawthorne |
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Golden Raindrops Crabapple |
Japanese Lilac Tree |
Kousa Dogwood |
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MEDIUM NARROW TREES: |
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Amanogawa Cherry |
Capital Flowering Pear |
Bowhall Red Maple |
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Chanticleer Flowering Pear |
Cleveland Select Flowering Pear |
Pyramid Hornbeam |
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Columnar Norway Maple |
Columnar Sargent Cherry |
Skyrocket English Oak |
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Karpick Maple |
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MEDIUM TREES: |
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Aristocrat Flowering Pear |
Autumn Blaze Flowering Pear |
Hedge Maple |
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Worplesdon Sweetgum |
American Hophornbeam |
Ginkgo Tree |
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Autumn Flame Red Maple |
Crimson King Norway Maple |
European Hornbeam |
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Green Vase Japanese Zelkova |
Katsura Tree |
Sawtooth Oak |
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Ruby Horsechestnut |
Whitebeam |
Raywood Ash |
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Sour Gum |
Coliseum Maple |
Chinese Tulip Tree |
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American Yellowwood |
Kobus Magnolia |
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LARGE TREES: |
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Pin Oak |
Red Oak |
Tulip Tree |
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Bur Oak |
Dawn Redwood |
English Oak |
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Bloodgood London Plane Tree |
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RECOMMENDED PARK TREES: |
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Grand Fir |
Linden |
Douglas Fir |
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Western Red Cedar |
Western Hemlock |
Cascara |
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Vine Maple |
Shore Pine |
Paper Birch |
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Red Alder |
White Alder |
London Plane Tree |
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RECOMMENDED GOLF TREES: |
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Norway Maple* |
Red Maple* |
Legacy Sugar Maple* |
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Princeton Sentry Ginkgo |
Sweetgum |
Tulip Tree |
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Dawn Redwood |
Ponderosa Pine |
White Oak |
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Bur Oak |
Columnar English Oak |
English Yew |
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Red Oak |
Sterling Silver Linden |
American Elm |
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Japanese Zelkova |
White Fir |
Canadian Hemlock |
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Noble Fir |
Atlas Blue Cedar |
Cedar of Lebanon |
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Leyland Cypress |
Arizona Cypress |
Blue Italian Cypress |
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European Beech |
Tricolor Beech |
Colorado Blue Spruce |
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Scots Pine |
Eastern White Pine |
Douglas Fir |
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*Best in out-of-play areas because of summertime loss of leaves, seeds or limbs. |
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PROHIBITED STREET TREES |
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Use of the following street trees within the street right-of-way is prohibited: |
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Box Elder |
Hemlock |
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Silver Maple |
Spruce |
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Willow |
Pine |
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Fir |
Poplar |
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Cedar |
Cottonwood |
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Russian Olive |
Locust |
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Any fruit-bearing tree except ornamentals |
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(Ord. 2085 § 6, Exh. A, 2015).
11.118.070 Interference.
It shall be unlawful for any person to prevent, delay or interfere with city of Ritzville officials, employees or any of its agents while engaging in and about the planting, cultivating, mulching, pruning, spraying or removing of any street tree, park tree or trees on private grounds as authorized by this chapter. (Ord. 2085 § 7, 2015).
11.118.080 Appeal.
Any property owner who is given notice to remove or perform maintenance on any private or adjacent street tree has the right to file an appeal of the decision to the city clerk within 20 days of the date that the notice is received. All mailed notices shall be deemed received by the property owner five days after the date it was mailed. All personally served notices shall be received on the date of personal service on the property owner.
A. Content of an Appeal. The written appeal shall state the name and address of the appellant and shall list grounds for the appeal, including any alleged error of fact or law in the notice.
B. Hearing Date. As soon as practical after receiving the written appeal, the city shall fix a date, time and place for the hearing of the appeal and provide written notice to the appellant. Such date shall be not less than 30 calendar days nor more than 90 calendar days from the date the appeal was filed with the city clerk.
C. Notice of Decision. The appeal shall be heard by the city council and a decision shall be made to approve, deny, or condition the appeal within 14 calendar days after the close of the public record. The city shall serve the appellant with a copy of the final order. (Ord. 2085 § 8, 2015).
11.118.090 Enforcement.
Any person, partnership, association, firm or corporation who violates or fails to comply with this chapter is guilty of a civil infraction and is subject to the civil penalties and remedies and corrective actions as set forth in Chapter 11.260 RCC, Enforcement, which remedies are cumulative, not alternative remedies, and are in addition to any other remedy to which the city may be entitled by law. Any violation of this chapter is declared to be a public nuisance, subject to abatement or injunctive relief in accordance with the city’s ordinances and the laws of the state of Washington. (Ord. 2085 § 9, 2015).