Chapter 8.13
TREE ORDINANCE
Sections:
8.13.030 Street tree species to be planted.
8.13.050 Distance from curb and sidewalk.
8.13.060 Distance from street corners and fireplugs.
8.13.100 Pruning, corner clearance.
8.13.110 Dead or diseased tree removal on private property.
8.13.130 Interference with City Forestry Committee.
8.13.140 Arborist’s license and bond.
8.13.150 Review by City Council.
8.13.010 Purpose.
The purpose of this chapter is to establish regulations for the planting, care, and maintenance of trees located in areas of City ownership. (Ord. 1220, 1999)
8.13.020 Definitions.
“City-owned property” shall mean property within the City limits of the City of Ferndale; and owned by the City in fee simple absolute; or implied or expressly dedicated to the public for present or future use for purposes of vehicular or pedestrian traffic, parks and open spaces, or for public easements.
“Hazard tree” shall mean any tree or part that poses a high risk of damage to persons or property.
“Heritage or historic tree” shall mean any tree that has historical significance to a person, place or event, has attained significant size in height, caliper or canopy spread for its age and species, is prominently visible to the public, has special aesthetic qualities for its species and is not a hazard or obstruction.
“Large tree” shall mean any mature tree which would reach a maximum height of more than 50 feet with a maximum spread of over 35 feet.
“Major pruning” shall mean cutting back of limbs larger than one and one-half inches in diameter on street trees.
“Medium tree” shall mean any mature tree which would reach a maximum height of 25 to 49 feet with a maximum spread of 34 feet.
“Park trees” are herein defined as trees, shrubs, bushes, and all other woody vegetation in public parks having individual names, and all areas owned by the City, or to which the public has free access as a park.
“Significant tree” shall mean an existing deciduous or coniferous tree six inches or more in diameter measured four feet, six inches above the adjacent grade, of any species suitable for inclusion as permanent landscaping in a proposed project. This also includes unusual, historic, heritage or rare trees.
“Small tree” shall mean any mature tree which would reach a maximum height of 24 feet with a maximum spread of 24 feet.
“Street trees” are herein defined as trees, shrubs, bushes, and all other woody vegetation on land lying within the public rights-of-way within the City.
“Stumps” shall be herein defined as the lower portion of a tree, up to a maximum height of four feet, that remains after the foliage, limbs, branches and the upper part of the trunk have been cut off.
“Tree appraisals” shall use the trunk formula method of the Council of Tree and Landscape Appraisers.
“Tree owner” shall mean the owner of the real property on which 51 percent or more of the trunk is located at ground level.
“Tree topping” shall be herein 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. (Ord. 1220, 1999)
8.13.030 Street tree species to be planted.
The species list contained in Exhibit A attached to the ordinance codified in this chapter* constitutes the official street tree species list for Ferndale, Washington. No species other than those included in this list may be planted as street trees without written permission of the Community Forestry Committee. (Ord. 1220, 1999)
* Code reviser’s note: Exhibit A is on file in the office of the City Clerk.
8.13.040 Spacing.
The spacing of street trees will be in accordance with the species size classes listed in Exhibit A attached to the ordinance codified in this chapter, and no trees may be planted closer together than the following: small trees, 30 feet; medium trees, 40 feet; and large trees, 50 feet; except in special plantings designed or approved by the Community Forestry Committee. (Ord. 1220, 1999)
8.13.050 Distance from curb and sidewalk.
The distance trees may be planted from curbs or curb lines and sidewalks will be in accordance with the three size classes listed in Exhibit A attached to the ordinance codified in this chapter and no trees may be planted closer to any curb or sidewalk than the following: small trees, two feet; medium trees, three feet; and large trees, four feet. (Ord. 1220, 1999)
8.13.060 Distance from street corners and fireplugs.
No street tree shall be planted closer than 20 feet from any street corner, measured from the point of the nearest intersecting curbs or curb lines. No street tree shall be planted closer than 10 feet of any fireplug. (Ord. 1220, 1999)
8.13.070 Utilities.
No street trees other than those species listed as small trees in Exhibit A attached to the ordinance codified in this chapter may be planted under or within 10 lateral feet of any overhead utility wire, or over or within five lateral feet of any underground water line, sewer line, transmission line or other utility. (Ord. 1220, 1999)
8.13.080 Public tree care.
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 preserve or enhance the symmetry and beauty of such public grounds.
The City may remove or cause to 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. When resources limit the City’s ability to remove high risk trees, the City will prioritize trees based on the risk. This section does not prohibit the planting of street trees by adjacent property owners providing that the selection and location of said trees is in accordance with FMC 8.13.090 through 8.13.130.
General tree care to include, but not be limited to, the fertilization, aeration, pruning, planting, removal, insect and disease diagnosis and treatment shall be in accordance with American Standards for Nursery Stock specifications. A general tree planting detail is contained in Exhibit B attached to the ordinance codified in this chapter.* (Ord. 1220, 1999)
* Code reviser’s note: Exhibit B is on file in the office of the City Clerk.
8.13.090 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. 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 chapter at the determination of the Community Forestry Committee. (Ord. 1220, 1999)
8.13.100 Pruning, 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 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 10 feet above the surface of the street or sidewalk. Said owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The City shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light from a street lamp or interferes with visibility of any traffic devise or sign. (Ord. 1220, 1999)
8.13.110 Dead or diseased tree removal on private property.
The City shall have the right to cause the removal of any dead or diseased trees on private property within the City, when such trees constitute a hazard to life and property as recommended by an ISA certified arborist or harbor insects or disease which constitute a potential threat to other trees within the City. The Community Forestry Committee will notify in writing the owners of such trees. Removal shall be done by said owners at their own expense within 60 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 on the owner’s property tax notice. (Ord. 1220, 1999)
8.13.120 Removal of stumps.
The area for stump removal is that which causes the surface of the ground to be higher than the adjacent grade. All stumps of street and park trees shall be removed a maximum of 12 inches below the existing grade so the top of the stump shall not project above the surface of the ground. The hole or depression resulting from the removal work shall be filled with topsoil and made level with the existing grade. (Ord. 1220, 1999)
8.13.130 Interference with City Forestry Committee.
It shall be unlawful for any person to prevent, delay or interfere with the Community Forestry Committee, or any of its agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying, or removing of any street trees, park trees or trees on private grounds as authorized in this chapter. (Ord. 1220, 1999)
8.13.140 Arborist’s license and bond.
It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating, or removing street or park trees within the City without first applying for and procuring a license. The license fee shall be as contained in the City’s most current approved Fee Code annually in advance for businesses within Ferndale City limits and as contained in the City’s most current approved Fee Code for businesses outside Ferndale City limits; provided, however, that no license shall be required of any public service endeavors. Before any license shall be issued, each applicant shall first file evidence of possession of liability insurance in the minimum amounts of $1,000,000 for bodily injury and $100,000 property damage indemnifying the City or any person injured or damaged resulting from the pursuit of such endeavors as herein described. (Ord. 1220, 1999)
8.13.150 Review by City Council.
The City Council shall have the right to review the conduct, acts and decisions of the Community Forestry Committee. Any person may appeal from any ruling or order of the Community Forestry Committee to the City Council who may hear the matter and make final decision. (Ord. 1220, 1999)
8.13.160 Penalty.
Enforcement procedures and the penalties resulting from violations of this chapter shall be administered pursuant to Chapter 1.12 FMC. (Ord. 1819 § 5, 2013)