Chapter 7-7 STREET TREES

(b) The City requires the planting of street trees as a part of subdivision developments and along major streets to enhance the character of the City; and

(1) Reducing erosion of the topsoil by breaking the summer winds;

(2) Reducing air pollution by producing oxygen from carbon dioxide;

(3) Increasing property values;

(4) Maintaining the ecological balance of the area;

(5) Providing shade and buffering noise and glare; and

(6) Providing energy conservation by the reduction of summer temperatures; and

(d) The health, safety, and general welfare of the citizens will best be served by regulating the removal, severe pruning, topping, and planting of street trees and encouraging the reforestation of areas in which street trees have been removed.

(1265-CS, Amended, 01/09/2020)

7-7-102 Definitions.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

(a) “Department” shall mean the Parks, Recreation and Public Facilities Department.

(b) “Director” shall mean the Parks, Recreation and Public Facilities Director or his or her designated representative.

(c) “Street Tree Plan” shall mean the officially adopted plan for the planting of certain varieties of trees in public rights-of-way, or planting easements, or along certain specified theme streets.

(d) “Planting easement” shall mean an easement on private property of five (5') feet in width along the frontage of the parcel for the purposes of planting and maintaining street trees.

(e) “Parkway” shall mean that portion of land within the public right-of-way between the curb or curb line and sidewalk.

(f) “Street Tree List” shall mean the list of street trees specified by resolution and approved for planting and maintenance as street trees.

(g) “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.

(h) “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.

(i) “Pruning” shall mean the usual pruning, cutting, or thinning or otherwise the removal of branches, stems, and other parts of a tree.

(j) “Person” shall be defined as set forth in TMC 1-3-13 and shall include a public utility company or similar entity.

(k) “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 authorized agent or representative.

(1265-CS, Amended, 01/09/2020; Ord. 959-CS, Amended, 11/28/2000)

Article 2. Responsibilities, Authority, Duties, and Costs

7-7-201 Director to enforce chapter provisions.

The Director, under the general direction of the City Manager, shall have the authority and responsibility to carry out the provisions of this chapter.

(1265-CS, Amended, 01/09/2020)

7-7-202 Authority to enter premises.

The Director or his or her designee shall have the authority to enter in or upon any part of the parkway or planting easement or adjacent property as is reasonably necessary for the purpose of planting, maintaining, pruning, spraying, or removing a street tree.

(1265-CS, Amended, 01/09/2020; Ord. 959-CS, Amended, 11/28/2000)

7-7-203 Control of disease and the like.

The Director or his or her designee shall have the authority to order a property owner to take such action as is necessary to control insects, scales, parasites, fungus, or other injurious pests or plant materials which could cause serious injuries to the City street trees or other plant materials within the City. The Director or his or her designee shall notify the property owner in writing of the condition which exists and the controls necessary to correct the conditions and establish a reasonable time in which the corrective action shall be taken.

(1265-CS, Amended, 01/09/2020)

7-7-204 Responsibility for condition of trees.

The Director or his or her designee shall be responsible for inspecting, supervising, or ordering the maintenance, removal, and replacement of street trees planted within parkways or planting easements by the property owner or by the City. The Director or his or her designee may cause or permit street trees or other plant materials planted in the parkways or planting easements to be removed by the City or the property owner if the trees are deemed by the Director or his or her designee to be unhealthy, hazardous, undesirable, or causing, or will cause, excessive damages to the existing public improvements or street trees.

(1265-CS, Amended, 01/09/2020; Ord. 959-CS, Amended, 11/28/2000)

7-7-205 Authority to seek advice.

The Director or his or her designee shall have the authority to consult and seek the advice and recommendations of nurserymen, arborists, and other persons qualified in horticulture.

(1265-CS, Amended, 01/09/2020)

7-7-206 Duty to maintain.

It shall be the duty of every property owner and every person occupying property within the City to maintain street trees in the parkway or planting easement on or adjacent to his or her property.

(a) In conjunction with any sale or transfer of real property and using the Local Option Real Estate Transfer Disclosure Statement form set forth in Civil Code Section 1102.6a, the seller/transferor shall provide notice of the maintenance obligations set forth in this article to the buyer/transferee. The notice shall, at a minimum, include the following language:

Every property owner and every person occupying property within the City shall maintain street trees in the parkway or planting easement on or adjacent to his/her property.

(b) To provide all property owners and occupants with notice of his/her obligation to maintain street trees as set forth in this article, the ordinance codified in this chapter shall be recorded with the County Clerk of the County of Stanislaus.

(1265-CS, Amended, 01/09/2020; 1220-CS, Amended, 07/01/2016)

7-7-207 Pruning.

Street trees shall be pruned to enhance the natural growth, characteristics, and traits of the trees. Street trees shall not be pruned to create a form unnatural to the street tree.

(1265-CS, Amended, 01/09/2020)

7-7-208 Duty to protect.

It shall be the responsibility of every property owner and every person occupying land 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.

(1265-CS, Amended, 01/09/2020)

7-7-209 (Not used).

7-7-210 Owners to perform work: Costs.

All work, and the costs thereof, required in the removal, pruning, or maintenance of a street tree shall be provided by the property owner or his agent, including the removal of the stump to a depth as specified by the Director or his or her designee.

(1265-CS, Amended, 01/09/2020; Ord. 959-CS, Amended, 11/28/2000)

7-7-211 Refusal to perform work.

If the property owner refuses to perform the work after notice from the Director or his or her designee, the Director or his or her designee may order the work done by the City, and the costs shall be assessed to the property owner and tenant consistent with the provisions of TMC 7-7-210 as a personal debt and, if unpaid within thirty (30) days after billing by the City, shall become a lien on the property.

(1265-CS, Amended, 01/09/2020)

7-7-212 Appeals.

Any person aggrieved by any action taken by any City Official pursuant to the provisions of this chapter or any guideline or procedure issued pursuant to the chapter, may appeal such action as provided by Chapter 1-4 TMC.

(1265-CS, Amended, 01/09/2020; 866-CS, Amended, 02/09/1995)

Article 3. Permits: Costs: Removal and Limb Reduction

7-7-301 Permits required.

It shall be unlawful for any person to remove, prune, or severely prune or alter any street tree within the City, without a permit from the City. This prohibition does not extend to the regular maintenance required under TMC 7-7-206.

(1265-CS, Amended, 01/09/2020; Ord. 959-CS, Amended, 11/28/2000)

7-7-302 Applications for permits.

Any person desiring to remove, prune, severely prune, or otherwise alter a street tree shall file an application for a permit with the Director or his or her designee. Such application shall be provided by the Director or his or her designee and may contain such information deemed necessary by the Director or his or her designee to insure compliance with the spirit and intent of this chapter.

Applications for permits shall be signed by the property owner.

(1265-CS, Amended, 01/09/2020; Ord. 959-CS, Amended, 11/28/2000)

7-7-303 Time for performance under permits.

The Director or his or her designee shall stipulate a time by which all work shall be performed, not to exceed sixty (60) days after the date of the issuance of the permit, and may require the posting of cash or other surety in an amount equal to the cost of the work to insure the faithful completion of the work specified and the cleanup of debris within the time stipulated for performance.

(1265-CS, Amended, 01/09/2020)

7-7-304 Removal permits.

(a) Upon the receipt of an application to remove a street tree, the Director or his or her designee shall determine whether or not such tree should be removed.

(b) The Director or his or her designee may issue a permit to remove or conditionally remove a street tree when one (1) or more of the following conditions apply to the tree:

The tree is:

(1) Dying or dead;

(2) Decayed, rotted, or otherwise hazardous to the public;

(3) Diseased beyond reclamation;

(4) Damaging public improvements, such as curbs, gutters, sidewalks, or other utilities;

(5) Required to be removed due to 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;

(6) Required to be removed for new construction and the Director or his or her designee 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; or

(7) Located so that thinning is desired to improve spacing or conformity.

(c) The Director or his or her designee, 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.

(1265-CS, Amended, 01/09/2020)

7-7-305 Pruning permits.

(a) Upon the receipt of an application to prune or severely cut a street tree, the Director or his or her designee shall determine whether or not the tree should be pruned or otherwise severely cut.

(b) The Director or his or her designee may issue a permit to prune or severely cut a street tree when limb reduction or severe cutting is required either to:

(1) Maintain pedestrian or traffic clearance and visibility;

(2) Maintain tree health;

(3) Maintain continuity with prior pruning practices; or

(4) Remove a building from the parcel.

(1265-CS, Amended, 01/09/2020; Ord. 959-CS, Amended, 11/28/2000)

7-7-306 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 or his or her designee, the removal, pruning, or cutting is required.

(1265-CS, Amended, 01/09/2020)

Article 4. Cooperation with Other Agencies and Departments

7-7-401 Public utilities.

(a) Any public utility maintaining any overhead wire or underground pipe, wire, or conduit shall obtain permission from the Director or his or her designee 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 or his or her designee.

(b) The Director or his or her designee 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 or his or her designee, the performance of work would cause excessive or unnecessary injuries to any street tree, the Director or his or her designee 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 for City personnel.

(1265-CS, Amended, 01/09/2020)

7-7-402 Notification of street improvements.

The Engineering Department and Planning Department shall notify the Director or his or her designee 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.

(1265-CS, Amended, 01/09/2020)

Article 5. Street Tree Plan

7-7-501 Street trees required.

Street trees shall be planted and maintained as part of all new construction and all remodeling which exceeds twenty-five (25%) percent of the value of the structure as shown on the latest equalized assessment roll of the County. All required street trees shall be planted as required by this chapter prior to the issuance of a certificate of occupancy or approval of final inspection by the Building Inspector.

(1265-CS, Amended, 01/09/2020)

7-7-502 Subdivision Street Tree List and Theme Street List.

Street trees shall be planted of the type, size, and at the locations specified in the Subdivision Street Tree List and Theme Street List which shall be adopted by resolution of the Council.

(1265-CS, Amended, 01/09/2020)

7-7-503 Street tree types.

The property owner, builder, or developer shall plant trees of the species stipulated in the Subdivision Street Tree List, except in those areas designated as theme streets.

(1265-CS, Amended, 01/09/2020)

7-7-504 Location of street trees.

Street trees shall be planted in the following locations:

(a) In areas of the City, where parkways exist, and not more than fifty (50%) percent of the block frontage has been converted to current sidewalk standards, street trees may be planted in the parkway.

(b) In blocks where more than fifty (50%) percent of the parkway has been eliminated and replaced consistent with current sidewalk standards, street trees shall be planted two and one-half (2-1/2') feet behind the sidewalk.

(c) In commercial areas or in those areas in which sidewalks are required or authorized to extend from the curb to the property line, street trees shall be planted in the sidewalk area in a four (4') foot square area adjacent to the curb, unless otherwise authorized by the Director or his or her designee. (See City Standard No. ST-22.)

(d) In all subdivisions for which the final map is filed prior to June 1, 1978, street trees shall be planted two and one-half (2-1/2') feet behind the sidewalk.

(e) In all subdivisions and parcel map areas, street trees shall be planted within an area two and one-half (2-1/2') feet to four (4') feet behind the sidewalk in a planting easement, except in areas with parkways.

(f) In industrial areas and other commercial areas, street trees shall be planted as provided in the Street Tree List or as determined by the Director or his or her designee.

(1265-CS, Amended, 01/09/2020)