Chapter 12.20
STREET TREES AND PARKS AND TREES ADVISORY BOARD
Sections:
Article I. Street Trees
12.20.020 Planting, replacement, maintenance and removal.
12.20.030 Protection of trees.
Article II. Parks and Trees Advisory Board
12.20.050 Parks and trees advisory board.
12.20.060 Appointments – Terms of office.
12.20.080 Resignation – Vacancies.
12.20.130 Records, information and actions.
Article I. Street Trees
12.20.010 Permits.
A. A permit shall be obtained from the public works director before planting, pruning or otherwise affecting a tree within the public right-of-way. There shall be no fee required for this permit. The public works director may require the recommendation of the parks and tree advisory board and may hire a professional forester, hydrologist, landscape architect, or arborist at the applicant’s expense to provide findings for decision. Street trees may also be planted as part of a Type I, II, or III development review pursuant to the Creswell Development Code.
B. With a permit, adjacent property owners may plant street trees so long as the selection, location, and planting of such trees is in accordance with this article.
C. Trimming, pruning, or removal of any trees, shrubs, plants or vegetation in the riparian protection and wetlands (RPW) overlay is outlined in Chapter 2.10 CDC.
D. Hazardous tree and vegetation removal may occur without a tree removal permit when the tree and/or vegetation poses an immediate threat to life, safety, or protection of property (e.g., windstorm damage, road crossing, power lines, blocked drainage way, or similar circumstance).
E. Any street tree planted subsequent to adoption of the ordinance codified in this article and not in compliance therewith shall be removed at the expense of the person who planted it. Any street tree removed not in compliance therewith shall be replaced at the expense of the person who removed it. [Ord. 559 § 2 (Exh. C), 2023; Ord. 468 § 7, 2010].
12.20.020 Planting, replacement, maintenance and removal.
A. The spacing of street trees will be in accordance with CDC 3.2.400, which states that street tree spacing shall be based upon the type of tree(s) selected and the canopy size at maturity and, at a minimum, the planting area shall contain 16 square feet, or typically a four-foot square. Trees shall be spaced no more than an average of 30 feet apart, except where planting a tree would conflict with existing trees, retaining walls, utilities and similar physical barriers. All street trees shall be placed outside utility easements, unless approved by the public works director.
B. No street trees, unless approved by the public works director, shall be planted within five lateral feet of any underground water line, sewer line, transmission line or other underground utility.
C. All street trees planted under or within 10 lateral feet of any overhead utility wire shall be a low-growing tree from the recommended street tree list, available at City Hall.
D. Street trees shall be “limbed-up” to comply with vision clearance areas, as noted in CDC Article 3.
E. The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds.
F. The public works director may remove, or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or is affected with any injurious fungus, insect or other pest.
G. It shall be unlawful as a normal practice for any person, firm, or city department to top any street tree, park tree, or other tree on public property. “Topping” is defined as the severe cutting back of limbs to stubs within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this subsection at the determination of the parks and trees advisory board.
H. All stumps of street and park trees shall be removed below the surface of the ground so the top of the stump shall not project above the surface. [Ord. 559 § 2 (Exh. C), 2023; Ord. 468 § 8, 2010].
12.20.030 Protection of trees.
A. It shall be unlawful for any person to remove, destroy, break or injure any street tree or park tree.
B. It shall be unlawful for any person to attach or keep attached to any street or park tree or to the guard or stake intended for the protection of such tree any rope, wire, chain, sign or other device whatsoever, except as a support for such tree.
C. During the construction, repair, alteration or removal of any building or structure, it shall be unlawful for any owner or contractor to leave any street tree in the vicinity of such building or structure without a good and sufficient guard or protectors as to prevent injury to such tree arising out of or by reason of such construction or removal.
D. Excavations shall not be placed within six feet of any street tree without approval of the public works director. During such excavation or construction, any such person shall guard any street tree within six feet thereof.
E. All building material or other debris shall be kept at least four feet from any street tree. [Ord. 559 § 2 (Exh. C), 2023; Ord. 468 § 9, 2010].
12.20.040 Appeals.
Any decision under this article made by the public works director may be appealed to the parks and trees advisory board. Any decision of the parks and trees advisory board may be appealed to the city council. Appeals must be in writing and filed within 14 days of the decision being appealed. A decision of the city council shall be final. [Ord. 559 § 2 (Exh. C), 2023; Ord. 468 § 10, 2010].
Article II. Parks and Trees Advisory Board
12.20.050 Parks and trees advisory board.
There is hereby created an advisory board to Creswell city council that provides Creswell citizens a voice regarding parks, trees, open spaces, and recreational facilities. [Ord. 559 § 2 (Exh. C), 2023; Ord. 493 § 1, 2015].
12.20.060 Appointments – Terms of office.
Said board shall be appointed by the mayor with the consent of the city council and shall consist of seven members, the composition of which shall adhere to criteria stated in CMC 12.20.070. The term of members shall be three years with one-third being appointed for each calendar year. The mayor shall designate the terms of those appointed initially. [Ord. 559 § 2 (Exh. C), 2023; Ord. 509, 2017; Ord. 493 § 2, 2015].
12.20.070 Composition.
The parks and trees advisory board shall consist of members with an interest in parks, open space, trees and recreational opportunities in Creswell who meet the following criteria:
A. Up to two members of the board may be members of the city council.
B. Two members of the board may live outside the city limits of Creswell.
C. One member of the board shall be a person with a background in natural resource advocacy.
D. A staff member shall be assigned to the board who is knowledgeable in arboriculture, urban forestry, or an understanding of trees and their care. If such a staff member is not available, then it shall fall to a member of the board to obtain or possess such knowledge. [Ord. 559 § 2 (Exh. C), 2023; Ord. 509, 2017; Ord. 508, 2017; Ord. 493 § 3, 2015].
12.20.080 Resignation – Vacancies.
A member of the board may resign at any time by submitting a letter of resignation to the council. A member of the board who is absent from three consecutive meetings without excuse is considered to be in nonperformance of duty. A member of the board may be removed by city council for nonperformance of duty. Any vacancy occurring on the board shall be filled by the mayor appointing a new member for the unexpired term. [Ord. 559 § 2 (Exh. C), 2023; Ord. 493 § 4, 2015].
12.20.090 Duties.
The board shall carry out the purpose, as described in CMC 12.20.050, by advising and assisting the council in parks and tree duties described in this section.
A. Parks Duties. The parks and trees advisory board shall perform the following duties related to parks and open spaces:
1. Monitoring existing parks and open spaces;
2. Planning for, and advising the development of, new parks and open spaces; and
3. Advising the city regarding Goals 5 and 8 of the Statewide Land Use Planning Goals, which includes updating of Creswell’s parks and open space master planning documents, as needed.
B. Tree Duties. The parks and trees advisory board shall perform the following duties related to public trees:
1. Study, investigate, develop, and update periodically the Creswell tree care plan for the care, preservation, pruning, planting, replanting, removal and disposition of all public trees; and
2. Maintain Creswell’s status as a Tree City USA.
C. Other Duties. The board shall cultivate and maintain volunteer networks to assist in these duties. The city recognizes Friends of Creswell Parks as the official volunteer network for this board. [Ord. 559 § 2 (Exh. C), 2023; Ord. 493 § 5, 2015].
12.20.100 Meetings.
The board shall meet at such times and places as are required for carrying out its duties. All such meetings shall be called and held in accordance with Oregon Public Meetings Law. [Ord. 559 § 2 (Exh. C), 2023; Ord. 493 § 5, 2015].
12.20.110 Quorum.
A majority of the board members (four) shall constitute a quorum. [Ord. 559 § 2 (Exh. C), 2023; Ord. 493 § 6, 2015].
12.20.120 Officers.
The board shall elect from its members a chairperson to serve during each calendar year. The chairperson shall maintain ongoing communication with the board’s appointed city staff person. [Ord. 559 § 2 (Exh. C), 2023; Ord. 493 § 7, 2015].
12.20.130 Records, information and actions.
The board shall keep records in accordance with Oregon Public Meetings Law. The board shall deliver to city council all recommendations and information which will be helpful to the city in fulfilling their duties. [Ord. 559 § 2 (Exh. C), 2023; Ord. 493 § 8, 2015].