Chapter 13.06
STREET TREES

Sections:

13.06.010    Intent and purpose.

13.06.020    Definitions.

13.06.030    Enforcing authority.

13.06.040    Maintenance responsibility.

13.06.050    Street tree permits required.

13.06.060    Removal of trees, plants, and shrubs.

13.06.070    Hazardous and obstructive trees.

13.06.080    Treatment and removal of infected or infested trees.

13.06.090    Destroying, defacing, or injuring any street tree.

13.06.100    Protection of trees.

13.06.110    Interference with city personnel.

13.06.120    Cooperation between city departments and agencies.

13.06.130    Nonliability of city.

13.06.140    Enforcement.

13.06.150    Severability.

13.06.010 Intent and purpose.

The intent of this chapter is, through the preservation, protection, and planting of trees, to:

A. Aid in the stabilization of soil by the prevention of erosion;

B. Reduce storm water runoff and the costs associated therewith and replenish ground water supplies;

C. Aid in the removal of carbon dioxide and generation of oxygen in the atmosphere;

D. Provide a visual buffer and screen against traffic and some buffer against noise pollution;

E. Provide protection against severe weather;

F. Aid in the control of drainage and restoration of denuded soil subsequent to construction or grading;

G. Provide a haven for birds which in turn assist in the control of insects and the distribution of nutrients;

H. Protect and increase property values;

I. Conserve and enhance the city’s physical and aesthetic environment; and

J. Generally protect and enhance the quality of life and the general welfare of the city. (Ord. 633 § 1, 2006).

13.06.020 Definitions.

A. “City right-of-way” means that strip of land over which is built, or over which the city has the right to build, public streets, sidewalks, planting strips or alleys, or is used for or dedicated to utilities installation.

B. “Superintendent” means the superintendent of the public works department, or that person’s designee.

C. “Improved right-of-way” means that strip of land dedicated and improved and developed to city standards for public use as a street, sidewalk or alley.

D. “Licensed tree trimmer” means a person licensed by the city to engage in the business or occupation of trimming, pruning, treating or removing trees.

E. “Major pruning” consists of the trimming or cutting out of branches two inches in diameter or greater, root pruning, or trimming or cutting out of branches and limbs constituting greater than 10 percent of the tree’s foliage bearing area. The work shall retain the natural form of the tree.

F. “Minor pruning” consists of trimming or cutting out of water sprouts, suckers, twigs or branches less than two inches in diameter, or which constitute less than 10 percent of the tree’s foliage bearing area. The work shall retain the natural form of the tree. Removal of dead wood is included within the definition of minor pruning.

G. “Other vegetation” means trees, bushes, shrubs, grasses, or other plant material on or encroaching upon improved rights-of-way.

H. “Permit administrator” is that person, or that person’s designee, appointed by the mayor to issue zoning and miscellaneous permits for the city.

I. “Person” is any public or private individual, group, company, firm, corporation, partnership, association, society or any other combination of human beings whether legal or natural.

J. “Planning coordinator” is that person, or that person’s designee, appointed by the mayor to oversee the planning and/or community development activities of the city.

K. “Planting strip” means that portion of the right-of-way not used for transportation and thus available for the purpose of planting and maintaining trees and other vegetation.

L. “Street tree” means any tree, which is located upon property within a city right-of-way in the city of Tonasket.

M. “Topping” means the substantial removal of the lead stem of the tree.

N. “Tree board” is defined in TMC 2.18.010.

O. “Unimproved right-of-way” means that strip of land which has been dedicated, but not developed or improved to city standards, for public use as a street, sidewalk or alley. (Ord. 633 § 2, 2006).

13.06.030 Enforcing authority.

A. The permit administrator shall be charged with the enforcement of this chapter as provided herein.

B. The permit administrator shall have jurisdiction and supervision over all street trees or other vegetation growing in public rights-of-way unless otherwise provided by Chapters 13.04 and 13.12 TMC.

C. Upon guidance and recommendation by the planning coordinator and Tonasket tree board, the permit administrator shall have the authority to supervise all work done pursuant to a permit issued in accordance with the terms of this chapter.

D. The permit administrator shall have the authority to affix reasonable conditions to the granting of a permit hereunder upon consultation with all department heads and the Tonasket tree board. Recommendations of the superintendent, city planning coordinator and Tonasket tree board shall be given substantial weight in the development of conditions placed by the permit administrator. (Ord. 633 § 3, 2006).

13.06.040 Maintenance responsibility.

A. By the Public Works Department. The public works department shall maintain all street trees located on planting strips adjacent to the streets listed on the city maintenance responsibility list, which is included as Attachment A to the ordinance codified in this chapter. The public works department shall not be responsible for maintenance or replacement of trees or other vegetation on streets not on the city maintenance responsibility list.

B. By the Abutting Property Owner. The abutting property owner and/or occupant shall maintain street trees and other vegetation located on planting strips adjacent to streets not listed in the city maintenance responsibility list. The abutting property owner and/or occupant is also responsible for the maintenance of vegetation other than street trees, which is within the city right-of-way but not on a street on the city maintenance responsibility list. The abutting property owner and/or occupant shall maintain trees and other vegetation on unimproved rights-of-way. Damage to sidewalks, curbs, pavement or any other city improvements by trees or other vegetation described under this section shall be the responsibility of the abutting property owner. The permit administrator shall enforce compliance with this provision as described in TMC 13.06.140. (Ord. 633 § 4, 2006).

13.06.050 Street tree permits required.

A. Trimming and Removal of Street Trees. No person shall perform major pruning or remove street trees or cause or authorize any person to trim, prune or remove street trees without first filing an application and procuring a street tree permit from the city, subject to the following requirements:

1. Application Data. The application required herein shall state the kind, size and condition of trees to be trimmed or removed; the kind of trimming to be administered; and such other information as the permit administrator shall find reasonably necessary to a fair determination of whether a permit should be issued hereunder.

2. Standards for Issuance. The permit administrator shall only issue the permit provided for herein when he finds that the desired action or treatment is reasonable or necessary and that the proposed method and workmanship are satisfactory.

3. Major Pruning. The city may require that major pruning of street trees be performed by a licensed tree trimmer. This determination will be made as a part of the street tree permit process.

4. Tree Topping of Street Trees. As defined in TMC 13.06.020, tree topping of street trees is unlawful as a normal practice. Trees severely damaged by storms or other causes, or where other pruning practices are impractical, may be exempted from this subsection at the determination of the director.

5. Removal of Street Trees. If a street tree is removed, its stump and roots shall be removed to a point at least one foot below the top of the adjacent curb or proposed curb grade.

6. Tree Replacement Location. As a condition to the granting of a street tree removal permit, the permit administrator may require the applicant to relocate or replace trees.

B. Planting of Trees. No person shall plant a tree or other vegetation in a city right-of-way without first filing an application and procuring a street tree permit from the city. Upon receipt of an application for a permit to plant or set out in excess of 10 trees, the permit administrator shall have the authority to require from the applicant a detailed declaration of intentions either in the form of a planting plan or written statement. All planting plans shall be drawn in ink and submitted in duplicate. One copy of each plan or statement of intention shall, when approved by the permit administrator, be returned to the applicant and the permit administrator shall keep the other copy on file. All statements filed in lieu of a planting plan shall contain the same information as required on the plan. All planting plans shall accurately show:

1. The proposed street including pavement, curb, gutter, parking strip and sidewalk areas to a definite indicated scale;

2. The variety and size of each and every tree proposed to be planted and of those already existing within the proposed street lines either indicated on the plans or referenced with number to key list;

3. The proposed location of each and every proposed tree together with the location of each existing tree within the proposed street line in scaled relation to the other features of the plan;

4. The distance between trees in any direction.

C. Notice of Completion. A notice of work completion concerning tree planting, removal, or major pruning shall be given by the permittee, within five days, to the permit administrator for his inspection.

D. Department Responsibilities for Coordination of Street Tree Permits.

1. City Clerk’s Office.

a. Provide a street tree permit application;

b. Provide handout information including street tree brochure and recommended tree listings as may be prepared by the Tonasket tree board;

c. Route street tree permit applications to the permit administrator.

2. Public Works Department.

a. Inspect job site and make recommendation to permit administrator based upon impact of tree to right-of-way;

b. Contact and communicate issues of concern with the permit administrator, as necessary;

c. Review application and submit comments and recommendations to permit administrator in a timely fashion;

d. Assist the permit administrator as necessary to ensure tree planting or related work is accomplished properly;

e. Inspect work after completion and make recommendations and comments to permit administrator.

E. Expiration. Any permit issued pursuant to this chapter shall expire 30 days from date of issuance.

F. Denial of Permit – Appeal Process. A decision denying a request for a street tree permit may be appealed to the city council. The appeal notice shall be in writing and submitted to the permit administrator. The notice shall include, at a minimum, the following information: name, address, telephone number of applicant, location of trees involved in the appeal decision being appealed, reference to any applicable code or ordinance and a concise statement of the reasons for appeal. The appeal shall be heard at a scheduled meeting of the city council following receipt of the appeal notice. (Ord. 633 § 5, 2006).

13.06.060 Removal of trees, plants, and shrubs.

The permit administrator may authorize removal or may remove trees, plants and shrubs situated in planting strips whenever:

A. The tree, plant or shrub is actually defective or dangerous, or an obstruction to public travel, or is otherwise in violation of any city ordinance; or

B. Trees are damaging or potentially damaging public improvements. Removal is necessary because of the installation of, or potential or actual damage to, a sidewalk, parkway, curb, gutter, pavement, sewer line, underground utility, or other municipal improvements. Such removal will not be authorized automatically; consideration shall first be given to construction modifications for the preservation of any trees; or

C. Infection or infestation as provided in TMC 13.06.070 necessitates removal. (Ord. 633 § 6, 2006).

13.06.070 Hazardous and obstructive trees.

A. Hazard Tree.

1. Definition. A “hazard tree” is any tree or tree part which poses a high risk of damage to persons or property.

2. Determination. The permit administrator will make the determination of a hazard tree.

3. Maintenance Responsibility. The public works department will remove the hazard tree if the tree is included on the city maintenance responsibility list. The public works department will be responsible for removing the hazard tree if the tree is outside of the city maintenance responsibility list and poses a hazard to the improved right-of-way. The abutting property owner and/or occupant is responsible for removing the hazard tree if the tree is outside of the city maintenance responsibility list and poses a threat to the owner’s and/or occupant’s private property. The abutting property owner and/or occupant is responsible for removing any hazard tree within an unimproved right-of-way.

B. Obstructive Tree.

1. Definition. An “obstructive tree” is any tree or shrub which impedes vehicle or pedestrian traffic or obstructs the vision of vehicle drivers or pedestrians in a manner that compromises public safety.

2. Determination. The permit administrator will make the determination of an obstructive tree or vegetation.

3. Maintenance Responsibility. The public works department is responsible for removal of the obstruction if located on the city maintenance responsibility list. If the obstruction is not located on the city maintenance responsibility list, the public works department will notify the permit administrator who will notify the abutting property owner and/or occupant through the abatement process to have the obstruction removed. In the event the obstruction poses an imminent threat to public safety, the public works department, in its discretion, may remove the obstruction. (Ord. 633 § 7, 2006).

13.06.080 Treatment and removal of infected or infested trees.

The following rules shall govern the treatment or removal of infected or infested trees:

A. On the City Maintenance Responsibility List. If any tree, plant, or shrub in the right-of-way on the city maintenance responsibility list is infected or infested with disease or pests detrimental to the growth, health, or life of such trees, the public works department may remove or control such infection or infestation, but if the infection or infestation cannot be controlled or removed, then such tree, plant or shrub may be removed and destroyed if after consultation with the tree board the permit administrator finds that such disposition is in the public interest.

B. On Any Right-of-Way Not Included in the City Maintenance Responsibility List. It shall be the responsibility of the abutting property owner or occupant having trees, plants, or shrubs, grass or other vegetation growing on abutting rights-of-way not on the city maintenance responsibility list to treat or remove any tree or plant so diseased or insect-infested as to be a hazard to other trees and plants. The permit administrator shall have authority to require the abutting property owners to take such action as is necessary to control insects, scales, parasites, fungus, and other injurious pests or diseases that would cause serious injury to trees and other plant material within the city.

The permit administrator shall notify the abutting property owner and/or occupant in writing, describing the conditions and stating the control necessary for correction, and establishing a reasonable time within which the required steps should be taken or an appeal filed before the city council parks committee. If the property owner questions the necessity of such action, the permit administrator may refer to a qualified plant pathologist for confirmation of his judgment and continue the appeal to a reasonable time after the owner has been provided with the report of such expert. In the event that effective steps are not taken within the time specified, the city may enter the property in question to spray, trim, prune, treat or remove all or any part of the tree, plant or shrub determined to be infested or infected and the costs thereof shall be assessed to the owner. (Ord. 633 § 8, 2006).

13.06.090 Destroying, defacing, or injuring any street tree.

It is unlawful for any person to destroy, injure or deface, by any means, any street tree, including, but not limited to, the following:

A. Pouring any chemical material on any street tree or on the ground near any tree that has the effect of damaging, injuring, killing or otherwise being a hazard to such tree;

B. Attaching any sign, poster, notice or other object on any street tree, or fastening any guy wire, cable, rope, nails, screws or other device to any street tree except as used to support a young or broken tree; except that the city may tie temporary “no parking” signs to trees when necessary in conjunction with street improvement work, tree maintenance work or parades; or the city authorizing installation of holiday lighting;

C. Causing or encouraging any fire or burning near or around any tree;

D. Harming a tree by breaking it, or cutting the bark or branches with a knife, hatchet, or other similar object. (Ord. 633 § 9, 2006).

13.06.100 Protection of trees.

A. All street trees near any excavation or construction of any building, structure or street work shall be sufficiently guarded and protected by those responsible for such work as to minimize potential injury to such trees and to maximize their survival.

B. Stakes or guards may be placed alongside or around any street tree; provided, that such supports are placed as near as practical to the tree for which support is intended, and do not restrict access to or from the street or create any hazard to the public. (Ord. 633 § 10, 2006).

13.06.110 Interference with city personnel.

No person shall prevent, delay or interfere with the permit administrator, or any of his representatives, in the execution or enforcement of the provisions of this chapter. (Ord. 633 § 11, 2006).

13.06.120 Cooperation between city departments and agencies.

Policies shall be developed to ensure close cooperation between the permit administrator and other city departments and public utilities relating to routing of permit applications and the enforcement of the provisions of this chapter. (Ord. 633 § 12, 2006).

13.06.130 Nonliability of city.

Nothing in this chapter shall be deemed to impose any liability upon the city nor upon any of its officers or employees nor to relieve the owner or occupant of any private property from the duty to keep trees and other vegetation upon private property or property under his control in a safe condition. (Ord. 633 § 13, 2006).

13.06.140 Enforcement.

One or more of the following may enforce this chapter:

A. Stop Work Orders. In the case of a violation of any provisions of this chapter, a failure to comply with the terms of a permit, or in the case of removal of trees in violation of this chapter, the permit administrator may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the permit administrator.

B. Injunctive Enforcement. Any violation of the provisions of this chapter is declared to be a public nuisance and may be abated through proceedings for injunctive or similar relief in superior court or other court of competent jurisdiction.

C. Violation – Civil Remedies and Penalties.

1. Any person who removes a tree in violation of the terms of a tree removal permit or in violation of this chapter shall be required to plant replacement trees and be required to ensure the survival of the trees for two years.

2. The Tonasket tree board shall determine standards for establishing reasonable replacement trees, based on comparable caliper of trees unlawfully removed.

3. The permit administrator shall issue an order to the property owner requiring planting of replacement trees and setting reasonable time limits for compliance.

4. Any person aggrieved by a final order of the permit administrator with respect to replacing trees shall have 20 days to file an appeal to the city council pursuant to the procedure outlined in TMC 13.06.050(F).

5. In addition to any other sanction or remedial injunctive procedure which may be available at law or equity, any person failing to comply with the final order issued by the permit administrator shall be subject to a cumulative civil penalty in an amount not to exceed $100.00 per day from the date set for compliance until such order is complied with. Such civil penalty shall be collected by civil action brought in the name of the city. The permit administrator shall notify the city attorney in writing, providing the name of any such person subject to such penalty and the amount thereof, and appropriate action shall be taken to collect the same. (Ord. 633 § 14, 2006).

13.06.150 Severability.

Should any part or provision of this chapter be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the chapter as a whole, or any part thereof other than the part declared to be invalid. (Ord. 633 § 15, 2006).