Chapter 12.10
CITY TREE ORDINANCE
Sections:
12.10.020 Creation and establishment of community tree care.
12.10.030 Duties and responsibilities.
12.10.040 Authority to enter premises.
12.10.050 Street tree species to be planted.
12.10.055 Repealed.
12.10.060 Repealed.
12.10.160 Applications for permits.
12.10.170 Time for performance under permits.
12.10.300 Permits not required.
12.10.320 Notification of street improvements.
12.10.340 Distance from curb and sidewalk.
12.10.350 Distance from street corners and fire hydrants.
12.10.370 Appeal to City Council.
12.10.005 Purpose.
The purpose of this chapter is for the control, management, conservation, planting and enhancement of City trees thereby enhancing the appearance of the City of Mt. Shasta and protecting an important economic and environmental resource for the benefit of the City, its residents and visitors. (Ord. CCO-01-05, 2001; Ord. CCO-98-01, 1998)
12.10.010 Application.
This chapter shall be applied only within the General Plan designations for commercial or industrial zones or their equivalent in other zoning definitions. (Ord. CCO-01-05, 2001; Ord. CCO-98-01, 1998)
12.10.015 Definitions.
(A) “Street trees” are herein defined as all trees, shrubs, bushes, and all other woody vegetation which are located within public rights-of-way, or within City owned areas.
(B) “Department” shall mean the Public Works Department.
(C) “Director of Public Works” shall mean the Director of Public Works or his designated representative.
(D) “Maintenance” or “maintain” shall mean and include pruning, spraying, watering, mulching, fertilizing, cultivating, supporting, treating for disease or injury, or any other similar act which promotes the life, growth, health, or beauty of street trees.
(E) “Parkway” shall mean that portion of land within the public right-of-way between the curb or curbline and sidewalk.
(F) “Person” shall include any person(s), individual(s), corporation(s), or organization(s), and shall include a public utility company or similar entity.
(G) “Property owner” shall mean the owner of the real property, or the owner of the property adjacent to the right-of-way on which the street tree is located, or his/her authorized agent or representative.
(H) “Pruning” shall mean the usual pruning, cutting, or thinning or otherwise the removal of branches, stems, and other parts of a tree.
(I) “Right-of-way” is that portion of land dedicated to the public for streets or alleys. A right-of-way may contain roadway, curbs, sidewalks or planting strips and can extend beyond sidewalk or road.
(J) “Street tree list” shall mean the list of street trees specified by resolution of the City Council and approved for planting and maintenance as street trees.
(K) “Street tree plan” shall mean the officially adopted plan for the planting of certain varieties of trees in public rights-of-way, planting easements, or along specified theme streets. The street tree plan shall also contain planting instructions, specifications, and other items required to assure healthy trees and public health and safety.
(L) “Theme street” shall mean a specifically named street, or streets within an area, specified by resolution, for which uniformity of species is desired for special effects or purposes.
(M) “Topping” shall mean the severe cutting back of a street tree so as to restrict its growth, alter its form, or force the production of thick, close growth on young branches. “Topping” shall also include pollarding and heading back. (Ord. CCO-01-05, 2001; Ord. CCO-98-01, 1998)
12.10.020 Creation and establishment of community tree care.
The City of Mt. Shasta Public Works Department is hereby established as the responsible agency for community tree care. (Ord. CCO-01-05, 2001; Ord. CCO-98-01, 1998)
12.10.030 Duties and responsibilities.
The Director of Public Works, under the general direction of the City Manager, shall be responsible for the care, preservation, pruning, planting, replanting, removal or disposition of City trees. The Public Works Director, when requested by the City Council, shall consider, investigate, make finding, report and recommend upon any special matter of question coming within the scope of its work. (Ord. CCO-01-05, 2001; Ord. CCO-98-01, 1998)
12.10.040 Authority to enter premises.
The Director of Public Works shall have the authority to enter on or upon any part of the parkway or planting easement or adjacent property as is reasonably necessary for the purpose of maintenance or removal of a street tree. (Ord. CCO-01-05, 2001; Ord. CCO-98-01, 1998)
12.10.050 Street tree species to be planted.
The City Council shall adopt a street tree list that may be planted in City rights-of-way. No species other than those included in this list may be planted as City trees within City rights-of-way without written permission of the Director of Public Works. The Director of Public Works shall provide planting instructions. (Ord. CCO-11-05 § 36, 2011; Ord. CCO-01-05, 2001; Ord. CCO-98-01, 1998. Formerly 12.10.330)
12.10.055 Distance from street corners and fire hydrants.
Repealed by Ord. CCO-11-05. (Ord. CCO-01-05, 2001; Ord. CCO-98-01, 1998)
12.10.060 Utilities.
Repealed by Ord. CCO-11-05. (Ord. CCO-01-05, 2001; Ord. CCO-98-01, 1998)
12.10.070 Tree topping.
It shall be unlawful for any person or firm to top any City tree, or to engage in the business or occupation of pruning, treating or removing City trees, without first obtaining an encroachment permit. “Topping” is defined as the severe cutting back of limbs or stubs larger than three inches in diameter within the tree’s crown to such a degree as to remove the normal canopy and disfigure the tree. In those cases where unusual circumstances warrant (such as trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical), such pruning may be exempted from this chapter at the determination of the City Public Works Director or his designee.
Encroachment permits will be issued by the Mt. Shasta Public Works Department. No permit shall be required of any City employee or agent doing such work in pursuit of their service endeavors or in the event of an emergency. The above requirement does not apply to utilities operating under their rights or franchise and conducting trimming operations necessary to the safety and maintenance of their lines. (Ord. CCO-01-05, 2001; Ord. CCO-98-01, 1998)
12.10.090 Pruning.
Street trees shall be pruned to enhance the natural growth, characteristics, and traits of the trees consistent with the needs of the City. (Ord. CCO-01-05, 2001; Ord. CCO-98-01, 1998)
12.10.110 Duty to protect.
It shall be the responsibility of every property owner and every person occupying land within commercial and industrial zones to protect street trees planted in the parkways or planting easements on or adjacent to his property from physical damages and other plant materials which can be detrimental to the street tree’s growth or health. (Ord. CCO-01-05, 2001; Ord. CCO-98-01, 1998)
12.10.140 Appeals.
Any person aggrieved by any decision made by any City official pursuant to the provisions of this chapter, or any guideline or procedure issued pursuant to this chapter, may appeal such action to the City Council within 10 calendar days of the action being appealed. (Ord. CCO-01-05, 2001; Ord. CCO-98-01, 1998)
12.10.150 Permits required.
It shall be unlawful for any person to remove, top, or severely prune or alter any street tree within the commercial and industrial zones without a permit from the Director of Public Works. A permit shall not be required of any City employee or agent doing such work in pursuit of their service endeavors or in the event of an emergency. The above requirement does not apply to utilities operating under their rights or franchise and conducting trimming operations necessary to the safety and maintenance of their lines. (Ord. CCO-01-05, 2001; Ord. CCO-98-01, 1998)
12.10.160 Applications for permits.
Any person desiring to remove, top, severely prune, or otherwise alter a street tree shall file an application for a permit with the Director of Public Works. Such application shall be provided by the Director of Public Works and may contain such information deemed necessary by the Director of Public Works to ensure compliance with the spirit and intent of this chapter.
Applications for permits shall be signed by the property owner. (Ord. CCO-01-05, 2001; Ord. CCO-98-01, 1998)
12.10.170 Time for performance under permits.
The Director of Public Works shall stipulate a time by which all work shall be performed, and may require the posting of cash or other surety in an amount equal to the cost of the work to ensure the faithful completion of the work specified and the cleanup of debris within the time stipulated for performance. (Ord. CCO-01-05, 2001; Ord. CCO-98-01, 1998)
12.10.180 Removal permits.
Upon the receipt of an application to remove a street tree, the Director of Public Works shall determine whether or not such tree should be removed.
The Director of Public Works may issue a permit to remove or conditionally remove a street tree when public safety so requires when one or more of the following conditions apply to the tree:
When the tree is:
(A) Dying or dead;
(B) Decayed, rotted, or otherwise hazardous to the public;
(C) Diseased beyond reclamation;
(D) Damaging public improvements, such as curbs, gutters, sidewalks, or other utilities;
(E) Required to be removed due to the building moving from the lot or parcel provided it is not practical or reasonable to save the tree; all work and costs will be provided by the owner;
(F) Required to be removed for new construction and the Director of Public Works believes better and more suitable planting will result provided there is no practical or reasonable means to save the tree; all work and costs will be provided by the owner;
(G) Located so that thinning is desired to improve spacing or conformity.
The Director of Public Works, as a condition of the removal of a tree, whenever possible shall require the planting of either a theme tree or a tree from the street tree list in a location along the property frontage in keeping with the street tree plan. (Ord. CCO-01-05, 2001; Ord. CCO-98-01, 1998)
12.10.300 Permits not required.
A permit shall not be required when an immediate threat to the public health and safety exists due to an accidental occurrence or act of God and, in the opinion of the Director of Public Works, the removal, pruning, or cutting is required. (Ord. CCO-01-05, 2001; Ord. CCO-98-01, 1998)
12.10.310 Public utilities.
(A) Any public utility maintaining any overhead wire or underground pipe, wire, or conduit shall obtain permission from the Director of Public Works before performing any maintenance to wires or pipes or conduits which would cause injuries to street trees. Such public utility shall in no way injure, deface, prune, scar, or top any tree until its plans and procedures have been approved by the Director of Public Works.
(B) The Director of Public Works shall be permitted to inspect all maintenance or operational work performed by public utilities which might affect the street trees. If, in the opinion of the Director of Public Works, the performance of work would cause excessive or unnecessary injuries to any street tree, the Director of Public Works shall have the authority to stop such maintenance and operational work and arrange with such utility another method of maintenance or operational work satisfactory to the City.
(C) This section shall not apply to emergency public utility maintenance work which is performed during nonworking hours of City personnel. (Ord. CCO-01-05, 2001; Ord. CCO-98-01, 1998)
12.10.320 Notification of street improvements.
The Building Inspection and Planning Department shall notify the Director of Public Works of any known applications for a new curb, gutter, sidewalk, driveway approach, or other installation which might require the removal of, or cause injury to, any street tree or otherwise be contrary to the intent of this chapter. (Ord. CCO-01-05, 2001; Ord. CCO-98-01, 1998)
12.10.340 Distance from curb and sidewalk.
The distance street trees may be planted from curbs or curblines or sidewalks will be in accordance with the two size classes listed in the street tree list and in locations and in a manner stipulated in the street tree list and/or City standards. Specific locations and design for tree plantings shall meet the criteria established by the City and are subject to approval of the Director of Public Works. Planting instructions shall be maintained by the Public Works Department. (Ord. CCO-01-05, 2001; Ord. CCO-98-01, 1998)
12.10.350 Distance from street corners and fire hydrants.
No street tree shall be planted closer than 30 feet from any street corner, measured from the point of nearest intersecting curbs or curblines. No street trees shall be planted closer than 15 feet from any fire hydrant. (Ord. CCO-01-05, 2001; Ord. CCO-98-01, 1998)
12.10.360 Utilities.
No street trees other than those listed in “Under Power Lines” in the street tree list may be planted under or within 10 lateral feet of any overhead utility wire. (Ord. CCO-01-05, 2001; Ord. CCO-98-01, 1998)
12.10.370 Appeal to City Council.
The City Council shall have the right to review on appeal any decisions of the Public Works Department regarding the implementation of this chapter and may hear the matter and make final decision. (Ord. CCO-01-05, 2001; Ord. CCO-98-01, 1998)