Chapter 12.35
STREET TREES
Sections:
12.35.040 Creation and establishment of a city tree board.
12.35.070 Street tree maintenance and care.
12.35.090 Mutilation and topping of street trees.
12.35.100 Tree planting practices.
12.35.110 Permitted street trees.
12.35.120 Violation and penalty.
12.35.010 Title.
This chapter shall be known and cited as the “street tree ordinance” of Junction City. [Ord. 965 § 1, 1993.]
12.35.020 Purpose and intent.
A. Purpose. It is the purpose of this chapter to promote and protect public health, safety, and general welfare by providing for the regulation of the planting, maintenance, and removal of trees in and upon public areas and rights-of-way within Junction City.
B. Intent. It is the intent of the city council of Junction City that the terms of this chapter shall be construed as to promote:
1. The planting, maintenance, restoration, and survival of desirable trees within the city; and
2. The protection of community residents from personal injury and property damage, and the protection of the city of Junction City from property damage caused or threatened by the improper planting, maintenance, or removal of trees located in and upon public areas and rights-of-way within Junction City. [Ord. 965 § 2, 1993.]
12.35.030 Definitions.
As used within this chapter, the following terms shall have the meanings set forth in this section:
“City of Junction City right-of-way tree program” means a manual prepared by the community development director, or designee, pursuant to this chapter containing regulations and standards for the planting, maintenance, and removal of trees in and upon public areas and rights-of-way within the city limits.
“Park trees” means trees, shrubs, bushes, and all other woody vegetation in public parks and all areas owned by the city or to which the public has free access as a park.
“Street trees” means trees, shrubs, or bushes, and all other woody vegetation on public rights-of-way within the city.
“Tree” means a woody perennial, usually with one main trunk, attaining a height of at least six feet at maturity or a trunk diameter of at least two inches, including shrubs when planted in the right-of-way or so near a right-of-way as to obstruct or interfere with public use of the right-of-way. [Ord. 1075 § 1, 1999; Ord. 965 § 3, 1993.]
12.35.040 Creation and establishment of a city tree board.
A. Creation. There is hereby created and established a city tree board for the city of Junction City. Members of the current water, sewer, street committee shall comprise the city tree board.
B. Duties and Responsibilities. It shall be the responsibility of the city tree board to study, investigate, counsel, and develop and/or update annually a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets, and in other public areas. Such plan will be presented annually to the city council and, upon their acceptance and approval, shall constitute the official comprehensive city tree plan for the city of Junction City. The board, when requested by the city council, shall consider, investigate, make finding, report, and recommend upon any special matter or question coming within the scope of its work. [Ord. 1075 §§ 2, 3, 1999; Ord. 965 § 4, 1993.]
12.35.050 Administration.
A. Authority. The community development director, or designee, shall administer the street tree ordinance.
B. Governing Standards. The community development director, or designee, shall develop and periodically review and revise, as necessary, the city of Junction City right-of-way tree program standards. This manual shall contain regulations and standards for the planting, maintenance, and removal of trees, shrubs, and other plants upon city-owned property.
C. Public Awareness. The community development director, or designee, shall make available to any interested persons copies of the street tree ordinance and the city of Junction City right-of-way tree program manual. [Ord. 1075 § 1, 1999; Ord. 965 § 5, 1993.]
12.35.060 Permit.
A. Scope. No person except the community development director, or designee, a contractor hired by the city, or the regulated utility and their authorized employees and contractors may plant, prune, or excavate within 10 feet of a street or park tree without first obtaining a permit from the city.
B. Fees. The community development director, or designee, shall set a permit fee schedule based on the reasonable costs of issuing such permits. The permit fee schedule shall be reviewed periodically as part of the city of Junction City right-of-way tree program.
C. Public Utility Companies. Public utility companies shall notify the community development director, or designee, prior to pruning any tree located on city-owned property for the purpose of maintaining safe line clearance and shall carry out all such work in accordance with accepted aboricultural standards. [Ord. 1075 § 1, 1999; Ord. 965 § 6, 1993.]
12.35.070 Street tree maintenance and care.
A. Standards. All trees located within the public right-of-way must be pruned to National Arborist Association Priming Standards for Shade Trees. Such standards shall be adopted as part of the city of Junction City right-of-way tree program.
B. Adjacent Property Owners to Maintain Trees. Every adjacent property owner of any tree overhanging any street or right-of-way within the city shall prune the branches so that such branches shall not obstruct the view of any street intersection and so that there shall be a clear space of 13 feet, six inches over the street, and/or eight feet above the sidewalk. Said owners shall remove all dead, diseased, or dangerous trees, or broken or decayed limbs which constitute a menace to public safety.
C. Adjacent Property Owners Liable. The owner of property abutting trees on a right-of-way shall be liable for injury, damage, or loss to persons or property caused by the property owner’s negligent failure to comply with subsection (B) of this section.
D. Notification. The community development director, or designee, may serve notice on the adjoining property owner to prune, remove, or otherwise treat any tree on a right-of-way as conditions may require. Any such notice shall be governed by JCMC 12.35.080. Neither the duty of the adjoining property owner to maintain trees located on a right-of-way, nor the liability for the property owner’s failure to do so, is dependent upon any notice from the city.
E. Debris Removal. The person working on trees on a street, highway, or public area shall be required to remove all debris from the right-of-way by sunset of the same day, unless specifically authorized to do otherwise by the parks and recreation director, or designee. The acceptable standard shall be a broom clean finish or better.
F. City Tree Maintenance. The city shall have the right to plant, prune, maintain, and remove trees located within the public right-of-way as may be necessary to preserve or enhance the symmetry and beauty of such areas. The city 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, electrical power lines, natural gas lines, water lines, or other public improvements, or is affected with any injurious fungus, insect, or other pest. This section does not prohibit the planting of street trees by adjacent property owners, providing that the selection and location of said tree is in accordance with JCMC 12.35.100.
G. City Held Harmless. The city of Junction City shall not be liable for injury, damage, or loss to person or property caused in whole or part by the defective or dangerous condition of any tree located in or upon a right-of-way. The property owner shall defend and hold harmless the city from all claims for loss and damage arising from the owner’s negligent failure to comply with this section. [Ord. 1075 § 1, 1999; Ord. 965 § 7, 1993.]
12.35.080 Notification.
A. Notice to Prune or Remove. Should any property owner fail to maintain adjacent trees as per JCMC 12.35.070, the parks and recreation director, or designee, shall order such person or persons, within 10 days of mailing of such notice, to so prune or remove such trees.
B. Notice Required. The notice required herein shall be served by mailing a copy of the order to the last known address of the property owner, by certified mail.
C. Failure to Comply. When a person to whom a notice is directed shall fail to comply within this specified time, it shall be lawful for the city to cause the trees in question to be pruned and/or removed, and the exact cost thereof shall be assessed to the property owner as provided by law in the case of public nuisance abatements. [Ord. 965 § 8, 1993.]
12.35.090 Mutilation and topping of street trees.
A. Mutilation. Unless specifically authorized in writing by the community development director, or designee, no person shall intentionally damage, cut, carve, transplant, or remove any tree in or upon a right-of-way; attach any rope, wire, nails, advertising posters, or other contrivance; allow any gaseous liquid or solid substance which is harmful to such trees to come in contact with them; or set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any such tree.
B. Tree Topping. 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 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. Trees 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 section at the determination at the community development director, or designee. [Ord. 1075 § 1, 1999; Ord. 965 § 9, 1993.]
12.35.100 Tree planting practices.
A. The planting practices shall be carried out as specified within the city of Junction City right-of-way tree program and shall be reviewed on an annual basis by the community development director, or designee.
B. Prohibited Trees. It shall be unlawful to plant poplar, cottonwood, black walnut, willow, box elder, ailanthus, elm, or bamboo trees in a public right-of-way, sewer or water easement. [Ord. 1075 §§ 1, 4, 1999; Ord. 965 § 10, 1993.]
12.35.110 Permitted street trees.
The following shade trees shall be permitted within parking areas and for street rights-of-way:
|
SPECIES NAME |
COMMON NAME |
|---|---|
|
Acer rubrum |
Red maple |
|
Acer rubrum “Armstrong” |
Armstrong red maple |
|
Acer rubrum “Columnare” |
Columnar red maple |
|
Acer rubrum “Derie” |
Derie red maple |
|
Acer rubrum “Scanlon Red” |
Scanlon red maple |
|
Acer saccharum columnare |
Newton sentry sugar maple |
|
Acer saccharum monumentale |
Temple’s upright sugar maple |
|
Carpinus betulus |
European hornbeam |
|
Carpinus betulus “Fastigiata” |
Pyramidal European hornbeam |
|
Carpinus betulus purpurea |
Purple European hornbeam |
|
Carpinus caroliniana |
American hornbeam |
|
Celtis occidentalis |
Common hackberry |
|
Celtis sinensis |
Chinese hackberry |
|
Cercidiphyllum japonicum |
Katsura tree |
|
Cladrastis lutea |
Yellowwood |
|
Davidia involucrata |
Dove tree |
|
Elaeagnus angustifolia |
Russian olive |
|
Fagus sylvatica cuprea |
European beech |
|
Fagus sylvatica “Heterophylla” |
European beech |
|
Fagus sylvatica “Atropunicea” or |
|
|
Fagus sylvatica “Purpurea” |
Purple beech |
|
Fraxinus angustifolia “Doctor Prione” |
Doctor Prione ash |
|
Fraxinus oxycarpa “Flame” |
Flame ash |
|
Fraxinus pennsylvanica “Marshall” |
Marshall’s seedless ash |
|
Ginkgo biloba (males only) |
Ginkgo |
|
Lauris nobilis |
Sweet bay |
|
Ligustrum japonicum (or texanum) |
Wax leaf privet |
|
Liriodendron tulipifera |
Tulip tree |
|
Maackia amurensis |
Amur maackia |
|
Oxydendrum arboreum |
Sourwood |
|
Phellodedron amurense |
Amur cork tree |
|
Pterocarya caucasica |
Caucasian wingnut |
|
Quercus coccinea |
Scarlet oak |
|
Quercus ilex |
Holly oak |
|
Quercus phellos |
Willow oak |
|
Quercus rubra |
Red oak |
|
Sophora japonica |
Japanese pagoda tree |
|
Tilia cordata |
Little-leaf linden |
|
Tilia cordata “Rancho” |
Rancho linden |
|
Tilia cordata “Salem” |
Salem linden |
|
Zelkova serrate |
Japanese zelkova |
The following shade trees shall be permitted within parking areas, street rights-of-way, and smaller parking lots. These trees are suggested for small parking lots due to their relatively small size and non-aggressive growth habit.
|
SPECIES NAME |
COMMON NAME |
|---|---|
|
Acer cappadocicum |
Coliseum Maple |
|
Acer rubrum |
Red Maple |
|
Acer rubrum “var” |
“Autumn Flame” Red Maple |
|
Acer rubrum “var” |
“October Glory” Red Maple |
|
Acer rubrum “var” |
“Red Sunset” Red Maple |
|
Carpinus betulus |
European Hornbeam |
|
Celtis laevigata |
Sugar Hackberry |
|
Celtis laevigata “var” |
“All Seasons” Sugar Hackberry |
|
Celtis occidentalis |
Hackberry |
|
Celtis occidentalis “var” |
“Prairie Pride” Hackberry |
|
Ceridiphyllum japonica |
Katsura |
|
Cercis canadensis |
Redbud |
|
Chionanthus virginicus |
Fringe Tree |
|
Fraxinus oxycarpa “var” |
“Raywood” Ash |
|
Nyssa sylvatica |
Blackgum |
|
Prunus sargentii |
Sargent Cherry |
|
Pyrus calleryana “var” |
“Autumn Blaze” Callery Pear |
|
Pyrus calleryana “var” |
“Redspire” Callery Pear |
|
Pyrus fauriei |
Pea Pear |
Trees not in this list may be approved by the city administrator or designee on a case-by-case basis. [Ord. 1111 § 1, 2003; Ord. 950 Appx. J, 1991.]
12.35.120 Violation and penalty.
Any person who violates any provision of this chapter or who fails to comply with any notice issued pursuant to the provisions of said chapter, upon being found guilty of violation, shall be subject to a fine not to exceed $250.00 for each separate offense; each day during which any violation of the provisions of this chapter shall occur or continue shall be a separate offense. If, as the result of the violation of the provisions of this chapter, the injury, mutilation, or death of a tree or shrub located in a right-of-way is caused, the cost of repair or replacement of such tree or shrub shall be borne by the party in violation. The replacement value of trees and shrubs shall be determined in accordance with the latest revision of Valuation of Landscape Trees, Shrubs and Other Plants, as published by the International Society of Arboriculture. [Ord. 965 § 11, 1993.]