Chapter 12.26
PUBLIC PROPERTY TREE CODE
Sections:
12.26.010 Title, purpose, and intent.
12.26.070 Penalty for unpermitted tree removal.
12.26.010 Title, purpose, and intent.
A. Title. This chapter shall be known as the public property tree code of the town of Yarrow Point, Washington.
B. Purpose and Intent. The general purpose and intent of the public property tree code is to protect and preserve certain vegetation (“protected tree”) within the town-owned rights-of-way and other public property, in order to promote the public health, safety, and general welfare of the citizens of the town, and to retain the existing character of the town.
C. Interpretation. In the interpretation and application of the public property tree code, its provisions shall be construed to be the minimum requirements. (Ord. 612 § 1, 2010)
12.26.020 Definitions.
“Hazardous tree” means a tree that has been assessed by a qualified professional and found to be likely to fail and cause an unreasonable degree of injury, damage, or disruption.
“Protected tree” means any tree within the town rights-of-way or other public property, either planted by the town or having a diameter of four inches or larger measured at four and one-half feet above the ground, but not to include hazardous trees.
“Qualified professional” means an individual with relevant education and training in arboriculture or urban forestry. The individual shall be an arborist certified by the International Society of Arboriculture (ISA) or a registered consulting arborist from the American Society of Consulting Arborists (ASCA). A qualified professional shall possess the ability to perform tree risk assessments, as well as experience working directly with the protection of trees during construction. (Ord. 715 § 3, 2021; Ord. 612 § 2, 2010)
12.26.030 Tree board.
The town of Yarrow Point tree board is hereby established for the purpose of managing the town’s public trees and for evaluating all requests for tree maintenance and/or removal for all trees on town-owned property. The tree board is composed of an arborist appointed by the mayor and any town staff appointed by the mayor to act in that capacity. (Ord. 612 § 3, 2010)
12.26.040 Arbor Day.
The town shall prepare an annual proclamation recognizing Arbor Day. The proclamation shall establish the date for the Arbor Day Celebration, which may be set at the town’s discretion. The Arbor Day Celebration shall include the planting of at least one tree. (Ord. 612 § 4, 2010)
12.26.050 Public tree care.
A. The town shall have the right to plant, prune, maintain, and remove trees, shrubs, and plants within all town-owned rights-of-way and other public property as may be necessary to ensure public safety, including but not limited to the removal of hazardous trees and any vegetation that interferes with pedestrian or vehicular transportation, public utilities, or compromises any structures lawfully constructed within the town.
B. The town hereby adopts the American National Standards Institute (ANSI) A300 standards and the International Society of
Arboriculture’s (ISA) Best Management Practices for the care of all vegetation within the town-owned rights-of-way and other public property, especially measures describing best practices, policies, techniques, and methods and procedures for pruning trees. Such information shall be available to all town residents for their personal use in the care of trees on private property.
C. Existing plantings, other than protected trees, may be maintained by the adjacent property owner without any notification to the town. Such care shall be at the adjacent property owner’s expense. (Ord. 612 § 5, 2010)
12.26.060 Citizen/property owner request for maintenance and removal of hazardous trees within the town-owned rights-of-way.
A. Any property owner immediately adjacent to a protected tree within the right-of-way may present to the town a request for the maintenance, or evaluation of the condition, of said tree. The request shall be on a form provided by the town and shall be accompanied by a report prepared by a qualified professional presenting an evaluation and recommendation for further action to be taken regarding the tree.
B. Upon receipt of such request, the tree board shall review the request and shall either approve or deny the request. The determination shall be based on evidence that the tree is hazardous or not. The decision of the tree board shall be final.
C. The expense for the property owner’s qualified professional report shall be paid by the property owner. In the event that tree removal or maintenance is required, the town shall reimburse the property owner for the qualified professional’s report, in an amount not to exceed $200.00.
D. As an alternative to subsection A of this section, the property owner may request, through the town, to have the arborist appointed by the mayor prepare the initial report. Payment for the report shall be as described in subsection C of this section. (Ord. 612 § 6, 2010)
12.26.070 Penalty for unpermitted tree removal.
A. Any person or entity found to have removed a protected tree within any town right-of-way, without the written permission of the town, shall be in violation of this code. Such action shall be a civil infraction and any person or entity found guilty thereof shall be punished by a fine of $5,000 per tree. It shall be a separate offense for each and every tree removed.
B. In addition to any monetary penalties assessed under the public property tree code, replanting of trees equal in value to those removed or destroyed without town approval shall be required, at a location designated by the town. The value of the removed trees shall be determined by the arborist appointed by the mayor using the methodology published in the then-current edition of the “Guide for Plant Appraisal,” published by the International Society of Arboriculture. Such expense shall be borne by the violator. All replanting of trees shall be under the direction of town personnel.
C. Any fines collected by town shall be deposited into a tree mitigation account and shall be used by the town for acquiring, maintaining, and preserving trees within the town-owned rights-of-way or other public spaces. (Ord. 612 § 7, 2010)