Chapter 12.28
TREE BOARD
Sections:
12.28.040 Power and authority.
12.28.060 Repealed.
12.28.080 Tree planting, maintenance and removal.
12.28.090 Adjacent land owner responsibility.
12.28.120 Penalties, claims and appeals.
12.28.010 Purpose.
It is the purpose of this chapter to promote and protect the public health, safety, and general welfare by providing for the management of the planting, maintenance, and removal of trees, shrubs, and other plants within the town of Waterville, Washington. (Ord. 578 § 1, 1998).
12.28.020 Structure.
There is hereby created and established a tree board for the town of Waterville, which shall consist of five members, citizens and residents of the town, who shall be appointed by the mayor with the approval of the town council. Members of the board shall serve without compensation.
The tree board shall meet at the Waterville Town Hall at 7:00 p.m. on the second Monday of every other month commencing with January each year for a total of six meetings per year. (Ord. 578 § 2, 1998).
12.28.030 Term of office.
The term of the five persons to be appointed by the mayor shall be three years, except that the term of two of the members appointed to the first board shall be for only one year, and the term of two members of the first board shall be for two years. In the event that a vacancy shall occur during the term of any member, his or her successor shall be appointed for the unexpired portion of the term. (Ord. 578 § 3, 1998).
12.28.040 Power and authority.
This chapter shall provide full power and authority to the tree board over all trees, plants and shrubs located within street rights-of-way, parks and public places of the town; and to trees, plants and shrubs located on private property that constitute a hazard or threat as described herein. (Ord. 578 § 4, 1998).
12.28.050 Licensing.
It shall be unlawful for any person, other than the town superintendent or his authorized agent or designee, to engage in the business of cutting, trimming, pruning or removing trees within the town without first obtaining a town tree cutting permit. The tree cutting permit shall expire on December 31st of each year; provided, however, a public utility, or its authorized contractors, may be granted a blanket permit which shall remain in effect until revoked for any reason by the town. Work done on town property or town rights-of-way under a blanket permit shall be upon advance notice to the town and performed in a neat, workmanlike manner. (Ord. 626 § 1, 2003; Ord. 578 § 5, 1998).
12.28.060 Insurance.
Repealed by Ord. 626. (Ord. 578 § 6, 1998).
12.28.070 Landscaping.
In new subdivisions or when the development of commercial property occurs, the tree board shall review landscaping plans and may recommend trees to be planted in any of the streets, parking lots, parks and other public places abutting lands henceforth developed and/or subdivided. (Ord. 626 § 3, 2003; Ord. 578 § 7, 1998).
12.28.080 Tree planting, maintenance and removal.
A. Tree Species. The town tree board shall develop and maintain a list of desirable trees for planting along streets in three size classes: small, medium and large.
B. Spacing. The spacing of street trees will be in accordance with the three species size classes listed in this chapter, and no trees may be planted closer together than the following: small trees, 10 feet; medium trees, 20 feet; and large trees, 30 feet; except in special plantings designed or approved by a landscape architect.
C. Utilities. No street trees other than those species listed herein as small trees may be planted under or within 10 lateral feet of any overhead utility wire, or over or within 10 lateral feet of any underground water line, sewer line, transmission line, or other utility.
D. Distance from Curb and Sidewalk. Trees shall not be planted closer to any curb or sidewalk than five feet at the tree base unless otherwise authorized by the town tree board upon a finding that the trees planted will not damage the sidewalk or curbing.
E. Topping. It shall be unlawful for any person, firm, or entity to top any street tree, park tree, or other tree on town property without prior written approval of the tree board. “Topping” is defined as the severe cutting back of limbs to stubs within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree. (Ord. 626 § 4, 2003; Ord. 578 § 8, 1998).
12.28.090 Adjacent land owner responsibility.
It shall be unlawful for any person to remove, cut above the ground, or disturb any tree, with the exception of abatement of a dangerous or hazardous condition which requires prompt action, on any street, park or other town property, without first filing an application and procuring a permit from the town. The person receiving the permit shall abide by the standards set forth in this chapter. (Ord. 626 § 5, 2003; Ord. 578 § 9, 1998).
12.28.100 Tree protection.
Upon the discovery of any destructive or communicable disease or other pestilence which endangers the growth or health of trees, or threatens to spread disease or insect infestations, the town tree board shall at once cause written notice to be served upon the owner of the property upon which such diseased or infested tree is situated, and the notice shall recommend measures to be taken by such property owner to eradicate, remove or otherwise control such condition within a reasonable time to be specified in such notice.
The town tree board shall have as one of their duties the location, selection and identification of any trees which qualify as “landmark trees.” A tree may qualify as a “landmark tree” if it meets one or more of the following criteria: species rarity, unusually old age, association with a historical event or person, abnormality, or scenic enhancement. “Landmark trees” may not be removed or altered without prior written approval of the town tree board, which will not be unreasonably withheld. (Ord. 578 § 10, 1998).
12.28.110 Private trees.
The town tree board or their official designee may enter onto private property with the owner’s prior permission whereon there is located a tree, shrub, plant or plant part that is suspected to be a public nuisance and to request its removal, if necessary. For purposes of this chapter, a public nuisance is defined as any tree, shrub, plant or plant part with an infectious disease or insect problem; dead or dying trees; a tree, shrub, plant or limbs that obstruct street lights, traffic signs, the free passage of pedestrians or vehicles; or a tree, shrub, plant or plant part that poses a threat to safety of the public. If the town tree board finds a condition constituting a public nuisance as defined in this chapter, the town shall give the property owner written notice by mail requesting abatement of the nuisance within 60 days. If the property owner fails to abate the nuisance within 60 days, the town may abate the nuisance, including removal of the tree, shrub, plant or plant part, and bill the property owner for the costs incurred by the town if action is not taken by the property owner. The notice to the property owner shall also notify the owner of the town’s right to abate the nuisance and collect the cost from the property owner, including assessment of a lien against the subject property for collection of the debt. Nothing herein shall require the town to affirmatively search for trees or shrubs that constitute a public nuisance, or to abate such nuisance if found, but instead is contemplated to give the town authority to deal with a public nuisance if one is found to exist. (Ord. 578 § 11, 1998).
12.28.120 Penalties, claims and appeals.
Any person who violates any provision of this chapter or fails to comply with any notice issued pursuant to provisions of this chapter, upon being found guilty of said violation, shall be subject to a fine not to exceed $50.00 for the first offense and not more than $100.00 for each subsequent offense. If, as a result of the violation of any provision of this chapter, the injury, mutilation or death of a tree located on town owned properties is caused, the cost of repair or replacement of the appraised dollar value of such tree shall be borne by the party in violation, in addition to any other remedies allowed by state law. The value of trees shall be determined in accordance with the latest edition of “A Guide to the Professional Evaluation of Landscape Trees, Specimen Shrubs, and Evergreens,” as published by the International Society of Arborculture. (Ord. 626 § 6, 2003; Ord. 578 § 12, 1998).