CHAPTER 5
SIDEWALKS/STREET TREES
ARTICLE 2. STREET TREE POLICY, PURPOSE AND INTENT
SECTION:
§5420: Street Tree Policy, Purpose, And Intent
§5423: Street Tree Planting Standards
§5424: Street Tree Maintenance, Inspection
§5420 STREET TREE POLICY, PURPOSE, AND INTENT
It is hereby declared that the public interest and welfare requires that the City establish, adopt, and maintain a comprehensive program for the installation, maintenance, and preservation of trees on public property within the City.
This Article provides policies, regulations, and specifications necessary to govern installation, maintenance, and preservation of trees to beautify the City, purify its air, and provide shade and wind protection for the inhabitants of this City, subject to the availability of City funds for such purposes.
It is hereby declared to be the policy of the City to insure City streets are lined with trees and to provide a consistent and adequate program for the maintenance and preservation of such trees. This policy provides for the planting of trees in public areas of the City and for the selection of appropriate species to achieve as much uniformity as possible for beauty and economy. It shall be the duty of the City Manager, or City Manager’s designated staff, to enforce, implement, and carry out this policy and the provisions of this Article. (Ord. 869, §3, adopted 1987)
§5421 DEFINITIONS
The following words and phrases used in this Article, unless a different meaning is clearly required by the context, shall have the following meanings:
A. "Ground Cover" shall mean plants growing to a maximum height of eighteen inches (18") and not objectionable to or interfering with pedestrian health and safety.
B. "Planting Strip" shall mean the area available for planting between the street curb, or place where the curb should be, and the property line.
C. "Planting" shall mean installation or replacement of vegetative matter in planting strips.
D. "Maintain" or "Maintenance" shall mean the entire care of trees in planting strips, including the preparation of ground, fertilizing, mulching, and watering.
E. "Tree" shall be defined as any woody plant characterized by having a single trunk of at least three inches (3") in diameter at breast height four and one-half feet (4 1/2’) or a multi-stemmed trunk system with a more or less definitely formed crown. This shall also include any "tree" that has been placed with City approval that has not yet obtained the stated size.
F. "Undeveloped parcel" shall mean any lot, or portion of a lot, which can be further subdivided or more intensively developed under the Zoning Code or Subdivision Regulations of the City.
G. "Streets" shall mean all roads, streets, avenues, boulevards, courts, alleyways, and parkways, or any portion thereof, of the City.
H. "City Manager" shall mean Chief Executive Officer of the City or City Manager’s designated staff person.
I. "City" shall mean the City, situated in the County of Mendocino.
J. "Street tree" shall mean a tree planted within a planting strip on or immediately adjacent to streets. (Ord. 869, §3, adopted 1987)
§5422 ENFORCING AUTHORITY
The City Manager is hereby charged with the duty of determining the types and species of trees suitable and desirable for planting, and the areas in which and under what conditions such trees shall be planted.
A Master Tree List will be developed by the City Manager and shall be on file in the Public Works Department. The Master Tree List of the City shall remain in effect until supplanted by subsequent approved amendments or lists.
All new and replacement trees in the street right of way of the City shall be selected from the latest Master Tree List, unless otherwise approved by the City Manager.
A Master Street Tree Plan for each street within the City shall be prepared by the City Manager and on file with the Public Works Department designating the specific species of tree to be planted on individual streets. (Ord. 869, §3, adopted 1987
§5423 STREET TREE PLANTING STANDARDS
A. The City Manager shall be guided by and apply the following standards in formulating and approving a street tree plan for a specific development or area.
1. The prime purpose of beauty, shade and/or wind protection shall always be observed.
2. The location of particular trees shall be at specified intervals with consideration given to avoiding or minimizing interference by the trees with existing or planned utilities, driveway approaches, street intersections, and building exposures.
3. No tree shall be planted within thirty feet (30’) of any intersection in a residential zone and twenty feet (20’) of any intersection in a commercial zone without approval in writing by the City Manager (See Public Works Drawing #601).
4. Selection and spacing of a particular species of tree for a specific block, street, or section of the City shall be based upon the nature of the species and the width of the planting strip, soil condition, zoning regulations, street patterns, building set backs, utilities, and the availability of the particular species.
5. All trees hereafter planted in the public right(s) of way must be on the Master List, unless a written permit from the City Manager shall have been obtained. Such permit shall set forth type of tree, method of planting and maintenance, and any other conditions deemed proper by the City Manager for planting of such tree and the person obtaining such permit shall comply with all the terms and conditions thereof.
6. Street trees shall be planted as specified in Public Works Drawings, #601 Street Tree Planting Corner Lots, and #602 Tree Planting Detail, which shall be on file and available for inspection at the Public Works Department. (Ord. 869, §3, adopted 1987)
§5424 STREET TREE MAINTENANCE, INSPECTION
A. The City Manager shall have supervision, direction, and control of the care, trimming, removal, relocation, and replacement of trees in the public right of way. It shall be unlawful for any person to cut, trim, prune, spray, brace, or in any manner destroy or damage any street tree or any tree on property owned or controlled by the City.
B. Private citizens may remove trees that threaten the health and safety of citizens within the community upon obtaining a permit from the City Manager to remove said trees. The permit shall specify the conditions under which the trees shall be removed and shall specify the obligations, if any, of the applicant to replace the removed tree or trees. If replacement is required, it shall be at the sole expense of the applicant. Trees that constitute a threat to the health and safety are listed as follows:
1. Trees that are diseased beyond reclamation or have died.
2. Trees that present a traffic hazard.
C. The lowest branches of any tree or street tree shall not be less than fourteen feet (14’) above the surface of the street. The lowest branches shall not be less than eight feet (8’) above the surface of any sidewalk or footpath. (Ord. 869, §3, adopted 1987)
§5425 STREET TREE PLANTING
Residential, commercial, and industrial developments, and the development of individual lots, shall include street trees at developer’s/property owner’s expense in accordance with the Master Street List and Master Street Tree Plan.
The City Manager shall, as part of the Subdivision Improvement Agreement documentation, determine the species of tree, the specific locations, and any other pertinent information that may be required before the trees are planted. The requirement for planting and maintenance of street trees for one year in new subdivisions shall be included in the Subdivision Improvement Agreement.
The subdivider or owner shall be held responsible for any damage that occurs to any street tree on the site where construction is taking place during the period of time between planting of the street tree and final approval of the structure by the Community Development Department or acceptance of Subdivision Improvements by the Public Works Department whichever occurs later. Any tree that is destroyed in the process of construction shall be replaced by the subdivider or owner as specified in the Subdivision Improvement Agreement. (Ord. 869, §3, adopted 1987)
§5426 APPEALS
Any person dissatisfied with the determination of the City Manager has the right to appeal to the City Council.
An appeal shall be in writing, stating the decision appealed and reasons for the appeal. The matter shall be heard by the City Council not less than ten nor more than sixty days after the filing of the appeal. The decision by the City Council shall be final and conclusive. (Ord. 869, §3, adopted 1987)
§5427 SEVERABILITY
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. (Ord. 869, §3, adopted 1987)
§5428 NONLIABILITY OF CITY
Nothing in this Article shall be deemed to impose any liability upon the City, or upon any of its officers or employees, nor to relieve the owner and occupant of any private property from the duty to keep trees and shrubs upon private property, or under his/her control, or upon sidewalks and parking strips in front of such private property in safe condition. (Ord. 869, §3, adopted 1987)
§5429 PENALTY FOR VIOLATION
Any person who shall violate any provision of this Article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment for a term not more than six (6) months, or by both such fine and imprisonment. (Ord. 869, §3, adopted 1987)