Chapter 12.15
TREE STEWARDSHIP
Sections:
12.15.040 Development of an urban forestry master plan.
12.15.050 Development of Helper City landscape specifications manual.
12.15.060 Abuse or mutilation of public trees.
12.15.070 Pavement openings for purposes of tree planting to be provided.
12.15.080 Street trees – Private property owner responsibility.
12.15.090 Resolution of conflicts between trees and structures.
12.15.100 Protection of public trees.
12.15.110 Permit required for pruning, spraying, removal or planting trees in public places.
12.15.130 Situations which are declared public nuisances.
12.15.140 Pruning and removal by city.
12.15.150 Interference with planting, maintenance, and removal unlawful.
12.15.160 Replacement of removed trees.
12.15.170 Penalties for violation.
12.15.200 Performance evaluation of chapter.
12.15.010 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 public spaces; to provide a basis for the professional management of public trees; to provide for their enduring viability and safety; and to perpetuate the many contributions they make to the financial, social, aesthetic, and environmental well-being of the city and its residents and visitors. [Ord. 94-4 § 1].
12.15.020 Definitions.
For the purpose of this chapter, the following terms, phrases, words, and their derivations shall have the meaning given herein.
“Nonpublic trees” shall mean trees now, or hereafter, growing on property other than “public” as defined in this section.
“Planting strip” shall mean the lawn area, or tree well, located on publicly owned land or easement adjacent to publicly owned street and/or sidewalk;
“Public trees” shall mean all trees now, or hereafter, growing in the planting strip, or on other city-owned and maintained park, golf course, cemetery, or airport.
“Top” or “topping” shall mean the internodal cutting back (between existing stem and/or branch nodes) of stems or branches resulting in the severe alteration of the species’ genetic structural characteristics.
“Tree stewardship” shall mean the ongoing and shared responsibility, between public and private entities, for the protection, care and renewal of trees and the people whom they serve.
“Urban forester” shall mean the Helper City forester who is recommended by the shade tree commission and appointed by the mayor.
“Urban forestry program” shall mean the program and staff which is a part of the Helper public works department charged with the care and management of public trees. [Ord. 94-4 § 2].
12.15.030 Applicability.
This chapter covers all trees located in rights-of-way, public parks and other public grounds, and private trees that are a public nuisance or hazard. [Ord. 94-4 § 3].
12.15.040 Development of an urban forestry master plan.
The shade tree commission with the urban forester and planning department shall develop an urban forestry master plan which shall establish a clear, concise and comprehensive statement of policies and objectives for urban forestry management in the city, including:
A. Short, medium, and long range goals and establish a strategy for meeting them;
B. An inventory of every public tree;
C. The timing for planting, pruning, and fertilization cycles;
D. A community forest plan map which designates tree type categories for use along each street, avenue, way, park, or golf course in a planting design pattern. A species list shall be developed for each use category, and thereafter no other than the kind designated shall be planted on such streets, avenues and ways without the consent of the urban forester;
E. A process for continual update and improvement of the urban forest management plan elements. [Ord. 94-4 § 5].
12.15.050 Development of Helper City landscape specifications manual.
The shade tree commission with the urban forester and planning department shall develop a Helper landscape specifications manual. Thereafter, all work performed on or for public trees shall conform to said specifications manual. The Helper City landscape specifications manual shall establish the following:
A. Planting and maintenance standards, street tree spacing and location requirements, tree removal criteria, regulations pertaining to hedges and shrubs;
B. Street tree and planting strip design;
C. Planting specifications, pruning and removal specifications, protection and preservation specifications and spray application specifications; and
D. Landscape and screening requirements. [Ord. 94-4 § 6].
12.15.060 Abuse or mutilation of public trees.
It is unlawful for any person to damage, transplant, top, remove or mutilate any tree on public property without the consent of the shade tree commission. [Ord. 94-4 § 7].
12.15.070 Pavement openings for purposes of tree planting to be provided.
Whenever public spaces are paved, an opening the size of which shall be specified in the Helper City landscape specifications manual shall be left unpaved for tree areas. Any pavement that may be laid over any tree location area shall be ordered opened, or may be opened, by the shade tree department, and any rock work which occupied any tree location area shall be ordered removed, or may be removed, by such department. [Ord. 94-4 § 8].
12.15.080 Street trees – Private property owner responsibility.
Any owner of private property, abutting city parking/planting strips upon which street trees are located, shall have the following responsibilities:
A. Periodic watering and fertilization of street trees when necessary to maintain good health and vigor;
B. Protection of street trees against damage caused by lawn mowers, weed trimmers, snow blowers and similar equipment or attachment of any item such as signs, nails, wires, ropes, and chains;
C. Maintain public rights-of-way in a neat, clean, orderly and healthful condition. This is meant to include weeding, removal of litter, mowing of lawns, replacement of dead plants and the regular watering of all plantings. Senior citizens and the disabled may be exempt from this clause when approved by the urban forester; and
D. By the time a new building is constructed on any building lot, trees and irrigation systems shall be installed along all public rights-of-way by the owner or developer of the property. The location, species, size and spacing of the trees shall be approved by the shade tree committee. At his or her discretion, the urban forester may waive any requirements for residential lots. [Ord. 94-4 § 9].
12.15.090 Resolution of conflicts between trees and structures.
Where sidewalk or curb damage due to tree roots occurs, every effort shall be made to correct the problem without removing or damaging the tree. The urban forester shall be responsible for developing or approving corrective measures in consultation with the city engineer and streets supervisor. [Ord. 94-4 § 10].
12.15.100 Protection of public trees.
Construction activities including but not limited to excavation, fill, soil compaction, demolition, construction or renovation of any building, street, sidewalk, parking lot, or utility can damage trees and create unsafe conditions for the public. All such work occurring within a distance of one and one-half times the height of an adjoining public tree shall be coordinated with the urban forester to mitigate damage to the tree and danger to the public. Protection measures specified by the urban forester shall be required as a condition of issuance of any required permits and/or certification of occupancy. [Ord. 94-4 § 11].
12.15.110 Permit required for pruning, spraying, removal or planting trees in public places.
A. Scope of Requirements. No person except authorized municipal staff or crew of a regulated public service company or their authorized representatives may perform any of the following acts without first obtaining a permit from the urban forester for which no fee shall be charged.
1. Plant on city-owned property, or treat, prune (over two inches in diameter), remove or otherwise disturb any tree or shrub located on city-owned property, except that this provision shall not be construed to prohibit owners of property adjacent to city-owned property from watering or fertilizing without a permit any tree, shrub, or other plants located on such city-owned property.
2. Damage, cut, tap, carve, or transplant any tree or shrub located on city-owned property.
B. Issuance. Within seven days of receipt of a permit application, the urban forester shall issue a permit to perform (within 30 days of the date of issuance) any of the acts specified in subsection (A) of this section, for which a permit is required whenever:
1. Such acts would result in the abatement of a public nuisance; or
2. Such acts are not inconsistent with the development and implementation of the urban forest master plan or with any regulations or standards of the Helper City landscape specifications manual; and whenever
3. An application has been signed by the applicant and submitted to the urban forester detailing the location, number, size and species of trees, shrubs, or other plants that will be affected by such acts, setting forth the purpose of such acts and the methods to be used, and presenting any additional information that the urban forester may find reasonably necessary;
4. The applicant agrees to perform the work for which the permit is sought in accordance with the provisions of this chapter, the urban forestry master plan and the regulations and standards set forth in the Helper City landscape specifications manual.
C. Public Utility Companies. Public utility companies shall notify the urban forester prior to pruning any tree located on city-owned property for the purpose of maintaining safe line clearance and shall carry out such work in accordance with accepted arboricultural standards. [Ord. 94-4 § 12].
12.15.120 License to engage in business of pruning or removing trees located in public places – Required.
No person shall engage in the business or occupation of trimming, pruning, treating or removing trees that are located within the public streets, parking, or alleyways of the city without first applying for and procuring a license as provided in this chapter; provided, that no license shall be required of any public service company engaging in trimming, pruning, topping, or removing trees in public streets, parking, or alleyways in this pursuit of their public service endeavors. Before any license required by this section shall be issued, each application therefor shall first file the city corporate surety bond in the amount of $5,000 indemnifying the city or any person injured or damaged against any loss or damage of any kind or description resulting from the pursuit of such business or occupation. [Ord. 94-4 § 13].
12.15.130 Situations which are declared public nuisances.
The following are hereby defined and declared to be a public nuisance under this chapter:
A. Any tree or shrub that is host to a communicable or destructive disease or other pestilence;
B. The roots of any tree which cause the surface of a public street, curb or sidewalk to be upheaved or otherwise disturbed;
C. Any tree or portion thereof which, by reason of location or condition, constitutes an imminent danger to the health, safety, or well-being of the public. [Ord. 94-4 § 14].
12.15.140 Pruning and removal by city.
The city shall have authority to condemn and remove any tree stump, shrub or vine upon any of the streets, avenues or ways where the tree, tree stump, shrub or vine is dead, diseased or for any other reason undesirable. The city shall have the authority to trim or prune any street tree or remove any tree which has been planted in violation of this chapter or any other chapter of the city, without serving notice upon the owner of the abutting property. [Ord. 94-4 § 15].
12.15.150 Interference with planting, maintenance, and removal unlawful.
No person, firm or corporation shall interfere with the urban forester or persons acting under the urban forester’s authority while engaged in planting, mulching, pruning, or removing any tree, shrub or plant in any street, avenue, or way or public place in the city. [Ord. 94-4 § 17].
12.15.160 Replacement of removed trees.
Whenever trees are removed from any public street, avenue or planting strip, adequate replacement shall be made by the person to whom permission for such removal was given, such replacement to be determined by the shade tree department; and in consideration of permission to remove such trees, the permittee shall sign an agreement to plant or pay for the planting of such replacement trees. [Ord. 94-4 § 18].
12.15.170 Penalties for violation.
All violations of this chapter are classified as class B misdemeanors, punishable by a fine not to exceed $1,000 or imprisonment in the county jail for a period not to exceed six months, or by both such fine and imprisonment. Each day of violation or noncompliance shall constitute a separate offense and may be prosecuted accordingly. At the enforcement officer’s sole discretion, a violation of this chapter may be handled as a civil violation under HMC Title 11, a criminal violation as stated herein, or both. The civil penalty shall be $100.00 per day. [Ord. 2018-1; Ord. 94-4 § 19].
12.15.180 Enforcement.
The urban forester is hereby charged with the responsibility for the enforcement of this chapter and may serve notice to any person in violation thereof or institute legal proceedings as may be required, and the city attorney is hereby authorized to institute appropriate proceedings to that end. [Ord. 94-4 § 20].
12.15.190 Appeals.
Any action of the urban forester may be appealed to and heard by the shade tree commission. To be effective, an appeal must be filed within 10 days after the decision of the urban forester. The appeal shall be in writing and shall be filed with the urban forester for placement on the commission’s agenda. The appeal shall clearly specify the reasons for which a hearing is requested. After a hearing, the shade tree commission shall render its decision, which shall be final unless appealed to the city council. To be effective, an appeal to the city council must be in writing, state the reasons for the appeal, and must be filed with the city recorder within 10 days after notice of the decision of the shade tree commission is mailed to the applicant. The decision of the city council shall be final. [Ord. 94-4 § 21].
12.15.200 Performance evaluation of chapter.
The urban forester shall collect and maintain all records and data necessary to objectively evaluate whether progress is being made toward the stated goals of this chapter. An annual summary and analysis of the evaluation and recommendations for action shall be prepared at the direction of the urban forester and presented to the city council. The city council shall consider the report and recommendation and take all actions deemed necessary to accomplish the goals of this chapter. These actions may include, but are not limited to, revision or amendment of this chapter and Chapter 2.105 HMC or the adoption of other resolutions or ordinances. [Ord. 94-4 § 22].
12.15.210 Severability.
Should any part or provision of this chapter be declared by court of competent jurisdiction to be invalid, the same shall not affect the validity of the chapter as a whole or any part thereof other than the part held to be invalid. [Ord. 94-4 § 23].