Chapter 8.20
TREES AND VEGETATION
Sections:
8.20.080 Care of trees within the city of Donnelly.
8.20.100 Right to inspect suspected nuisance trees and shrubs.
8.20.120 Responsibilities of adjacent property owners.
8.20.150 Compensatory payments.
8.20.010 Purpose.
It is the purpose of this chapter to promote and protect the public health, safety, and general welfare by providing for the regulation of the planting, maintenance, and removal of trees, shrubs, and other plants within the city of Donnelly, Idaho. [Ord. 214 § 1, 2012.]
8.20.020 Authority.
There is hereby created and established a city tree board for the city of Donnelly, Idaho, which shall consist of five members that do not have to be residents of Donnelly, who shall be appointed by the mayor with the approval of the city council. Members of the board shall serve without compensation. [Ord. 214 § 2, 2012.]
8.20.030 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. 214 § 3, 2012.]
8.20.040 Applicability.
This chapter provides full power and authority over all trees, plants and shrubs located within street rights-of-way, parks and public places of the city and to trees, plants and shrubs located on private property that constitute a hazard or threat as described herein. [Ord. 214 § 4, 2012.]
8.20.050 Definitions.
The terms used in this chapter shall have the meanings described below:
“ANSI A300” means the American National Standard for Tree Care Operations – Tree, Shrub and Other Woody Plant Maintenance – Standard Practices. This is a document offering basic performance standards for tree pruning, published in 1995 by the American National Standards Institute (ANSI) or the same as amended from time to time.
“Community forest” is the sum of all trees and shrubs within the city.
“Hazard” means any tree, public or private, with visibly defined structural defects likely to cause failure of all or part of the tree, and be a danger to public safety.
“Owner” means the legal owner or owners of real property in the city of Donnelly.
“Person” is any individual, firm, partnership, or corporation.
“Pest” means any insect, disease or other organism harmful to trees.
“Public right-of-way” is improved or unimproved public property owned by, dedicated to, or deeded to the public or the public uses for the purposes of providing vehicular, pedestrian and other public use. Such public property provides circulation and travel to the abutting properties, but is not limited to streets, alleys, sidewalks, tree lawn, provisions for public utilities, cut and fill slopes and open spaces.
“Public trees” are trees growing on or within any street, park, or public property owned or managed by the city of Donnelly.
“Shrub” is a woody perennial plant, branched at or near the base and which at maturity is expected to grow less than 15 feet in height.
“Street trees” are trees, shrubs, brushes and all other woody vegetation on land lying between property lines on either side of a public street, avenue, or alley within the city.
“Topping” is the severe cutting back of limbs within a tree’s crown to such a degree that only stubs remain; or the removal of the top part (trunk and limbs) thereby removing a significant portion of the normal canopy and thus disfiguring the tree.
“Tree” is a woody perennial plant, usually having one main stem or trunk and many branches and which, at maturity, is expected to exceed 15 feet in height and two inches in diameter. The failure to achieve such height at maturity shall not preclude its consideration as a tree.
“Tree committee” means the citizen committee established and designated as the “tree committee,” sanctioned by the Donnelly city council to be the advisory body which may assist the city in its efforts to carry out a tree management program and may recommend regulations and standards for the planting, care, and maintenance of the public trees and private trees within the city.
“Tree lawn” means that portion of the public right-of-way lying between the street and private property lines which is generally unimproved and planted with grass or other vegetation. [Ord. 214 § 5, 2012.]
8.20.060 Permits.
Any person desiring a permit to plant, remove, cut, or in any way damage publicly owned trees on or within the city properties shall file with the city clerk an application to be approved by the city, setting forth therein the detail of the work that is contemplated and the location and address of the same. Upon filing of such application, the city clerk shall investigate the contemplated work and if it is desirable shall issue a written permit. All work performed on publicly owned trees will be done under the direct supervision of an ISA certified arborist, or under ANSI standards. City employees are not required to obtain permits. [Ord. 214 § 6, 2012.]
8.20.070 Insurance.
Before any permit shall be issued each applicant shall first file evidence of possession of worker’s compensation and liability insurance in the minimum amounts of $1,000,000 for bodily injury or death and $500,000 property damage indemnifying the city or any person injured or damaged resulting from the pursuit of such endeavor as herein described. [Ord. 214 § 7, 2012.]
8.20.080 Care of trees within the city of Donnelly.
The city of Donnelly shall be responsible for the following:
A. Care and maintenance of publicly owned trees and shrubs.
B. Removal of dead, diseased, or hazardous city trees and shrubs.
C. Controlling insects and diseases of city trees and shrubs.
D. Care and maintenance of all public trees in the downtown area. [Ord. 214 § 8, 2012.]
8.20.090 Public nuisances.
The following are hereby declared public nuisances under this chapter:
A. Any tree or shrub which harbors pathogens or injurious insects which reasonably may be expected to harm other trees or shrubs.
B. Any tree or shrub which obstructs the free passage of pedestrian or vehicular traffic or which obstructs a street light or traffic control device.
C. Any tree or shrub or portion thereof which obstructs the view in the “visibility triangle” as defined by Idaho Code.
D. Any tree or shrub which, by reason of location or condition, constitutes an imminent danger to the health, safety, or welfare of the general public. [Ord. 214 § 9, 2012.]
8.20.100 Right to inspect suspected nuisance trees and shrubs.
The city of Donnelly reserves the right to inspect suspected nuisance trees and shrubs. Officers, agents, servants and employees of the city shall have the authority to enter onto private property whereon there is reasonable cause to believe that there is located a tree or shrub that is suspected to be a public nuisance as defined herein. It is unlawful and shall be a misdemeanor to take action to prevent, delay or otherwise interfere with the city’s performance of supervisory or inspection responsibilities. [Ord. 214 § 10, 2012.]
8.20.110 Landscaping.
In new subdivisions or when the development of commercial property occurs, the tree committee shall review landscaping plans and make recommendations to the Donnelly planning and zoning committee. Landscaping plans may require street trees to be planted in any of the streets, parking lots, parks and other public abutting lands henceforth developed and/or subdivided. [Ord. 214 § 11, 2012.]
8.20.120 Responsibilities of adjacent property owners.
Any person in possession of private property shall maintain trees upon adjacent public rights-of- way and any trees upon private property which may affect public property in a safe, healthy condition in compliance with the provisions of this chapter:
A. No person shall plant, remove, cut above the ground, or disturb any tree on any street, park, or other property managed by the city of Donnelly without first filing an application and procuring a permit from the city clerk. The person receiving the permit shall abide by the standards set forth in this chapter.
B. Tree Protection. The tree committee will 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, documented association with a historical event or person, abnormality, scenic enhancement, old age if the tree is healthy and in good condition.
C. Riparian zones in subdivisions or business areas may not be damaged without a permit from city clerk.
D. 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 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 require such property owner to eradicate, remove or otherwise control such condition within reasonable time to be specified in such notice.
E. Private Trees. The city clerk or his/her official designee has the authority to enter onto private property whereon there is located a tree, shrub, plant or plant part that is suspected to be a public nuisance and to order its removal if necessary. “Public nuisance” is defined as any tree with an infectious disease or insect problem; dead or dying trees; a tree or limb(s) that obstruct street lights, traffic signs, the free passage of pedestrians, or vehicles; a tree that poses a threat to safety.
1. The city clerk may cause a written notice to be personally served or sent by mail to the owner of the particular property.
2. In the event the nuisance is not abated by the date specified in the notice, the city clerk is authorized to cause the abatement of said nuisance. The reasonable cost of such abatement may be charged to the subject property owner. Monies which have not been recovered through the city bill collection procedures may result in a lien against the property or assessed on taxes as provided for in Title 50 of the Idaho Code. In addition, the owner of the property upon which such nuisance is located may be subject to prosecution under this chapter for maintaining a public nuisance. Nothing in this provision shall be construed to exempt any person from the requirement of obtaining permits under DCC 8.20.060. [Ord. 214 § 12, 2012.]
8.20.130 Appeals.
Any person affected by an order, denial, or revocation of a license or permit by the city clerk or tree board may appeal such order, denial or revocation to the Donnelly city council. Such appeal shall be filed in writing and submitted to the city clerk within 10 days of the date of the notification of the decision of the city administrator. The appeal shall be heard by the city council. Action by the city clerk or tree board shall be delayed until the decision of the city council is rendered. The city council may in conformity with the provisions of this chapter reverse or affirm or modify, wholly or partly, the order, denial, or revocation of any permit and the decision of the city clerk or tree board. The decision of the city council shall be final. [Ord. 214 § 13, 2012.]
8.20.140 Enforcement.
The city clerk shall have the power to promulgate and enforce rules, regulations and specifications concerning the trimming, spraying, removal, planting, pruning and protection of trees, shrubs, vines, hedges and other plants upon the right-of-way of any street, alley, sidewalk, or other public places in the city. [Ord. 214 § 14, 2012.]
8.20.150 Compensatory payments.
In the event any person removes, destroys or damages any public tree except as otherwise required by law, that person shall be required to replace such tree with a tree(s) of equivalent dollar value on public property, unless otherwise determined by the city clerk. The value of a tree shall be determined by the city tree board in accordance with accepted plant appraisal methods as set forth in the Ninth Edition of “The Guide for Plant Appraisal,” published by the International Society of Arboriculture or the same as amended from time to time. If no suitable location exists in the vicinity of the tree removed or if the replacement tree(s) is of lesser value, the person causing the tree to be removed shall make a compensatory payment to the city of Donnelly equal to the difference in value between the tree removed and any replacement tree(s). Any public tree that is determined by the city tree board to be damaged, but not sufficiently to justify its removal, shall be considered to be devalued. The amount of devaluation shall be paid to the city by the person causing the damage. Compensatory payments shall be paid into a fund established for that purpose and restricted to use for community forestry programs. [Ord. 214 § 15, 2012.]
8.20.160 Penalties.
Any person who violates any provision of this chapter or who fails to comply with a lawful order of the city clerk or city tree board shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the provisions of this chapter may be punished by a fine not to exceed $300.00 or be imprisoned for a period not to exceed six months or by both such fine and imprisonment for each separate offense. [Ord. 214 § 16, 2012.]