Chapter 8.35
URBAN FORESTRY
Sections:
8.35.010 Policy, purpose and definitions.
8.35.030 Creation, establishment, and operation of community forestry advisory board.
8.35.050 Public tree maintenance and care.
8.35.070 Dead, dangerous or diseased tree removal on private property.
8.35.080 Interference with the city.
8.35.090 Review by city council.
8.35.010 Policy, purpose and definitions.
A. Purpose. The purpose of this chapter is to promote and protect the public health, safety, and general welfare by providing for management of the planting, maintenance, and removal of trees, shrubs, and other woody vegetation on public lands in the city of Rainier, Oregon (hereinafter referred to as “the city”). The ordinance codified in this chapter is enacted to:
1. Establish and maintain the maximum sustainable tree cover on public lands in the city, compatible with other legitimate and necessary uses;
2. Maintain city trees in a healthy and nonhazardous condition through good arboricultural practices; and
3. Evaluate and pursue appropriate diversity in tree species and age classes to provide a stable and sustainable urban forest.
B. Policy. It shall be the general policy of the city to line its streets with trees, shrubs, bushes or other vegetation and to conduct a program for maintaining and preserving the same; to encourage new tree planting on public and private property; and to cultivate a flourishing urban forest.
C. Definitions.
1. “Park trees” means those trees, shrubs, bushes and all other woody vegetation in designated public parks, and all areas owned by the city, or to which the public has free access as a park.
2. “Street trees” means those trees, shrubs, bushes, and all other woody vegetation on land lying between property lines on either side of all streets, avenues, or rights-of-way within the city.
3. “Urban forest” means those trees and other vegetation growing on public property along and adjacent to the city’s streets, within the city’s parks, and upon other public lands within the city. Trees located within the city’s timber reserve are not covered by this chapter. (Ord. 1015, Exh. A § 1.0, 2003)
8.35.020 Jurisdiction.
The city of Rainier shall have control of all street trees, shrubs, and other plantings now and hereafter in any street, park, public right-of-way or easement, or other public place within the city, and shall have the power to plant, care for, maintain, remove, and replace such trees, shrubs and other plantings. This section shall not prohibit the planting of street trees by owners of adjacent property, providing that the selection and location of said trees is in accordance with RMC 8.35.040. (Ord. 1015, Exh. A § 2.0, 2003)
8.35.030 Creation, establishment, and operation of a community forestry advisory board.
There is hereby created and established a community forestry advisory board (hereinafter referred to as “the board”) for the city of Rainier. The board shall serve as an advisory body to the city and shall have no regulatory functions or authority, except as may be expressly delegated to it by the mayor, subject to approval of the city council.
A. Membership. The mayor shall appoint five members to the board, subject to the approval of the city council.
1. Residency. Board members shall reside within the city, except that up to two members may reside outside the corporate limits of the city, provided they shall reside within the city’s urban growth area.
2. Special Appointment. The mayor may appoint, subject to city council approval, an additional member, notwithstanding his or her place of residence.
B. Term of Office and Compensation. Each member shall be appointed to a three-year term; except that the term of two of the members appointed to the first board shall be for one year, and the term of two members of the first board shall be for two years. All subsequent appointments shall become effective on July 1st. In the event that a vacancy shall occur during the term of any member, the successor shall be appointed for the unexpired portion of the term. Members shall serve without compensation.
C. Duties and Responsibilities.
1. Annual Tree Management Plan. The board shall study, investigate, counsel, and develop and update annually a written plan for the care, maintenance, preservation, pruning, planting, replanting, removal, or disposition of trees and shrubs on public lands covered by this chapter. Such plan will be presented annually to the city council and upon their acceptance, approval or modification shall constitute the official tree management plan for the city of Rainier.
2. Tree Management Oversight. The board shall promote the benefits of trees; offer advice on tree planting, watering, pruning, and removal; recommend regulations to the city council; may, at the discretion of the planning commission, act as an advisory body to the city planning commission on tree-related issues; apply for grants subject to the approval of the city council; and make recommendations concerning expenditures of funds relating to the tree management program.
3. Other Responsibilities and Limitations.
a. The board, when requested by the city council, shall consider, investigate, make findings, report, and recommend upon any matter or question coming within the scope of its work.
b. Members shall not have the authority to incur expenses of any kind unless such expenses or expenditures have first been approved by the city council.
D. Operation. At their first meeting in January of each year the members shall elect a chair, vice chair, and secretary. The members shall adopt such rules of order and procedure as they deem necessary. A majority of the members shall be a quorum for the transaction of business.
E. Ex Officio Member. The city director of public works shall serve as a nonvoting, ex officio member of the board. (Ord. 1015, Exh. A § 3.0, 2003)
8.35.040 Tree planting.
A. Tree Species to Be Planted. The board will develop and maintain a list of desirable trees for planting along streets, in city parks, and on other city lands. The trees shall be divided into three size classes based on mature height:
1. Small trees: less than 30 feet;
2. Medium trees: 30 to 50 feet; and
3. Large trees: more than 50 feet.
B. Unsuitable Tree Species. The board will develop and maintain a list of trees not suitable for planting along streets, in city parks, and on other city lands, subject to approval of the city council.
C. Spacing. The spacing of street trees shall be in accordance with the three species size classes listed in subsections (A)(1) to (A)(3) of this section, and no trees may be planted closer together than the following:
1. Small trees: 30 feet;
2. Medium trees: 40 feet; and
3. Large trees: 50 feet;
except in special plantings designed or approved by a qualified landscape architect, urban forester, or as directed by the city council.
D. Distance Between Curb and Sidewalk. The distance trees may be planted from curbs or curb lines and sidewalks shall be in accordance with the three species size classes listed in subsections (A)(1) to (A)(3) of this section, and no trees may be planted in tree lawn widths less than the following:
1. Small trees: three feet;
2. Medium trees: five feet; and
3. Large trees: eight feet.
E. Distance from Street Corners and Fire Hydrants. No street tree shall be planted within 25 feet of any street corner, measured from the point of nearest intersecting curbs or curb lines. No street tree shall be planted within 10 feet of any fire hydrant.
F. Utilities. No street trees other than those species listed as small trees in subsection (A)(1) of this section may be planted under or within 10 feet of any overhead utility wire.
G. Reconciliation with City Zoning Ordinance. In the event of conflict between this section and the city zoning ordinance, provisions of the zoning ordinance shall prevail. (Ord. 1015, Exh. A § 4.0, 2003)
8.35.050 Public tree maintenance and care.
A. Tree Maintenance. The city shall have the right to plant, prune, maintain and remove trees, plants, and shrubs within the boundary 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.
B. Tree Removal. 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, electric power lines, gas lines, water lines, or other public utilities or improvements, or is afflicted with any injurious fungus, disease, insect, or other pest as determined by the director of public works.
C. Standards. All public trees must be pruned to comply with National Arborist Association Pruning Standards for Shade Trees, unless the director of public works deems inappropriate for desired outcome.
D. Pruning and Corner Clearance. Every owner of any tree overhanging any street or right-of-way within the city shall prune the branches so that such branches shall not severely obstruct the light from any street lamp, or obstruct the view of any street intersection, and so that there shall be a clear space of 16 feet above the street surface or eight feet above the sidewalk surface. Said owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which may constitute a menace to the safety or health of the public. The city shall have the right to prune any tree or shrub on private property when it interferes with the proper distribution of light along the street from a street light; or interferes with visibility of any traffic control device or sign; or sight triangle at intersections. Tree limbs that grow near high voltage electrical conductors shall be maintained clear of such conductors by the associated electric utility company in compliance with any applicable franchise agreements.
E. Public Utility Tree Trimming Policies. Tree trimming policies employed by public utilities shall not be restricted by this chapter; however, utilities will be informed and encouraged to honor the adopted policies found herein.
F. Reconciliation with City Zoning Ordinance. In the event of conflict between this section and the city zoning ordinance, provisions of the zoning ordinance shall prevail. (Ord. 1015, Exh. A § 5.0, 2003)
8.35.060 Tree topping.
It shall not be a normal practice for any person, firm, or city department or employee 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 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, are exempted from this chapter. (Ord. 1015, Exh. A § 6.0, 2003)
8.35.070 Dead, dangerous or diseased tree removal on private property.
The city shall have the right to cause the pruning or removal of any dead or diseased trees on private property within the city when such trees constitute a hazard to life and property or harbor insects or disease which constitute a potential threat to other trees within the city. The city shall notify in writing the owners of such trees. Removal shall be done by said owners at their own expense within 30 days after the date of service of notice. In the event of failure of owners to comply with such provisions, the city shall have the authority to remove such trees and charge the cost of removal to the owners. (Ord. 1015, Exh. A § 7.0, 2003)
8.35.080 Interference with the city.
It shall be unlawful for any person to prevent, delay, or interfere with the city or its agents while engaging in and about the planting, maintenance, cultivating, mulching, pruning, spraying, or removing of any street trees, park trees, or other trees, as authorized in this chapter. (Ord. 1015, Exh. A § 8.0, 2003)
8.35.090 Review by city council.
The city council shall have the right to review the conduct, acts, and decisions of the board. Within 30 days of becoming aware of a board ruling or order, any person may appeal from any such ruling or order of the board to the city council, who may hear the matter and make final decisions. Council action is not mandatory. Written notice of the council’s determination shall be issued within 30 days of receiving a written appeal. (Ord. 1015, Exh. A § 9.0, 2003)
8.35.100 Penalties.
Any person violating any provision of this chapter shall be, upon conviction or a plea of guilty, subject to a fine not to exceed $500.00. If the violation of any provision of this chapter results in the injury, mutilation, or death of a public tree, the cost of repair or replacement shall be borne by the party in violation. The replacement value of public trees shall be determined in accordance with the latest revision of the Board of Tree and Landscape Appraisers evaluation method. (Ord. 1015, Exh. A § 10.0, 2003)