Chapter 12.14 STREET TREES

E. “Emergency” means damage to utility lines, or to public or private property, due to storm or other acts of God, or other accidents which require immediate attention to alleviate the condition or commence and complete repairs.

F. “Municipal arborist” means that person assigned to carry out the provisions of this chapter and the Arboricultural Standards and Specifications adopted by the city council.

G. “Parks and recreation committee” means the parks and recreation committee of the city if such a committee is formed by the city council.

H. “Park trees” means 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.

I. “Public right-of-way” means the platted portion of a subdivision used for purposes of a street or alley that may or may not be approved for vehicular and pedestrian traffic.

J. “Removal” means the act of cutting down or removing any tree or shrub from the public right-of-way.

K. “Replacement tree” means a tree of equal size to the tree that has been removed or a one-and-one-half-inch to two-inch breast height diameter (BHD) for shade trees, or one-inch or equivalent for flowering ornamentals, or as may be provided to the abutting property owner by the city.

L. “Street” means that portion of the public right-of-way that is improved and maintained for vehicular circulation providing primary access to abutting properties or parking.

M. “Street trees” means trees, shrubs, bushes and all other woody vegetation on public rights-of-way within the city.

N. “Topping” means 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.

O. “Tree owner” means the owner of the real property upon which 51 percent or more of the trunk is located at ground level. (Ord. 2009-2 § 14; Ord. 1190 § 1, 1987).

12.14.020 Appointment of municipal arborist – Duties and powers.

A. The municipal arborist for the city shall be the city’s director of parks and recreation.

B. The municipal arborist shall have full authority and jurisdiction to promulgate the rules and regulations of the Arboricultural Specifications and Standards of Practice, as adopted by the city council, regarding planting, maintenance, removal and bracing of trees and shrubs in the public right-of-way in the city. He/she shall have authority to accept applications for the issue of permits for the planting, maintenance and removal of trees in the public right-of-way, to ensure safety and preserve the esthetics of the trees and shrubs. The municipal arborist of the city or his/her designee shall inspect all work to be done under a permit issued in accordance with the terms of this chapter. (Ord. 1190 § 1, 1987).

12.14.030 Preparation of master street-tree inventory.

The beautification commission, with the assistance of the parks and recreation director, shall prepare a master street-tree inventory locating and identifying varieties of existing street trees for the city. (Ord. 1190 § 1, 1987).

12.14.040 Master street-tree plan.

Upon completion of the master street-tree inventory, the beautification commission, with the assistance of the parks and recreation director, shall prepare and submit a master street-tree plan providing recommendations for a tree planting program as to varieties, size and location. (Ord. 2009-2 § 15; Ord. 1190 § 1, 1987).

12.14.050 Street tree varieties to be planted.

No varieties other than the following may be planted as street trees: Autumn Blaze Maple, Sparticus White Ash, Cimmaron Green Ash, Shademaster Honey Locust, Spring Snow Crabapple, Chanticleer Flowering Pear, and Greenspire Little Leaf. (Ord. 1766 § 1, 2006; Ord. 1190 § 1, 1987).

12.14.060 Spacing.

The spacing of street trees will be in accordance with the three size classes, 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 beautification commission. (Ord. 1190 § 1, 1987).

12.14.070 Distance from curb and sidewalk.

The distance trees may be planted from curbs or curb-lines and sidewalks will be in accordance with the tree size classes, 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. On streets that do not have curbs and/or sidewalks or planters designed for public tree placement, the municipal arborist shall approve the location of new trees consistent with street and sidewalk construction standards. Root barriers are required for all street tree plantings within a concrete sidewalk or near the back of concrete curbs or concrete sidewalks. (Ord. 2009-2 § 16; Ord. 1190 § 1, 1987).

12.14.080 Distance from street corners and fire hydrants.

No street tree shall be planted closer than 35 feet from any street corner, measured from the nearest intersection curb or curbline point. No street tree shall be planted closer than 10 feet from any fire hydrant. (Ord. 1190 § 1, 1987).

12.14.090 Utilities.

No street tree other than small trees 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, transmission line or other utility. (Ord. 1190 § 1, 1987).

12.14.100 Public/city tree care.

A. The city shall have the right, but not the obligation, to plant, prune, maintain and remove such 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. No city department shall cause to be removed any street or park tree without the written approval of the municipal arborist or his designee. Any city department so causing removal of a street or park tree equal to or greater in size than a replacement tree, shall plant a replacement tree that is of equal size to the tree that is being replaced or a tree with a two-inch to a two-and-one-half-inch base diameter for shade trees or an equivalent sized tree for flowering ornamentals, whichever is smaller. This replacement tree shall be planted within 12 months following the date of written approval of such removal. Before the city removes any such tree under this section, 15 days’ notice shall be given by mail to the owner of the abutting property. This requirement may be waived in the event the owner of the abutting property does not want a replacement tree and the city’s public works director agrees with the owner’s request.

B. The city may remove, or order to be removed, any publicly owned tree or part thereof which is in an unsafe condition or is injurious to sewers, electric power lines, gas lines, water lines, sidewalks or other public improvements, or is affected with an injurious fungus, insect or other pest. Upon such removal, the city shall pay into the tree replacement fund the cost of a replacement tree of an equivalent value having a two-inch to two-and-one-half-inch base diameter. (Ord. 2009-2 § 17; Ord. 1190 § 1, 1987).

12.14.110 Public tree care – Private.

Any person, firm or corporation, except as hereinafter provided, wishing to remove a street tree or park tree shall first submit an application to the municipal arborist requesting permission to remove said tree. It shall be unlawful for any person, firm or corporation to cause to be removed any street tree or park tree without the written approval of the municipal arborist.

A. A written application for removal of a street tree or park tree shall specify and demonstrate the following:

1. That said tree or trees for which removal is requested has an adverse economic impact upon the private property; or

2. Said tree or trees present a practical difficulty, other than such adverse economic impact, creating substantial hardship for the affected property owner.

B. Any person, firm or corporation which receives permission to remove a street tree or park tree equal to or greater in size than a replacement tree, shall cause to be properly planted a replacement tree that is equal in size to the tree that is being replaced or a tree of one-and-one-half-inch to two-inch base diameter for shade trees or an equivalent size tree for flowering ornamentals, whichever is smaller, or pay into the city’s tree fund a sum equal to the cost of said replacement tree. A replacement tree shall be planted or payment made into the tree fund within 12 months from the date of written approval of such removal.

C. Notwithstanding the foregoing, public utility companies shall not be required to comply with this section in the event of an emergency to protect the public health, safety or welfare. (Ord. 1190 § 1, 1987).

12.14.120 Tree topping.

It is unlawful for any person 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 municipal arborist. (Ord. 1190 § 1, 1987).

12.14.130 Pruning, corner clearance.

Every owner of any tree overhanging any street or public 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 eight feet above the sidewalk and 14 feet above the street. The 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, subject to the applicable procedures set forth in GMC 12.14.020, to prune any tree or shrub on private property at the owner’s cost when it interferes with the proper spread of light along the street from a street light or interferes with the driver’s view of a street intersection, or the visibility of any traffic-control device or sign, or is hazardous to underground or overhead utility lines or encroaches on sidewalk or pedestrian rights-of-way. (Ord. 1190 § 1, 1987).

12.14.140 Dead, diseased or hazardous tree removal on private property.

The city shall have the right to order the removal of any dead, diseased or hazardous trees on private property within the city, when such trees constitute a hazard to public health and safety on public property, or harbor insects or disease which constitute a potential threat to other trees within the city. Enforcement of this provision shall be in accordance with and under the provisions of Chapter 8.24 GMC. (Ord. 1190 § 1, 1987).

12.14.150 Damage to city-owned property.

Damages to city-owned property caused by trees, or damage in the care or maintenance of said trees, or the lack of care or maintenance, shall be the tree owner’s responsibility. (Ord. 1190 § 1, 1987).

12.14.160 Removal of stumps.

When any tree or shrub is removed from the public right-of-way, the stump of said tree or shrub shall be completely removed. The municipal arborist may authorize the grinding of the stump to a depth of one foot below the surrounding average finish grade. In any case, adequate good quality topsoil shall be used to fill the hole created by the removal of said stump. Provisions shall be taken to accommodate settling of topsoil. Sod, grass seed, or other satisfactory groundcover shall be placed and maintained on the site of the removed or ground stump. Said stump removal shall be at the expense of the city unless the tree removal was at the request of the owner under the provisions of this chapter. (Ord. 1190 § 1, 1987).

12.14.170 Interference with city.

It is unlawful for any person to prevent, delay or interfere with the city 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. 1190 § 1, 1987).

12.14.180 Beautification commission – Review.

Repealed by Ord. 1469. (Ord. 1190 § 1, 1987).

12.14.190 City liability.

The city’s right to trim, prune or remove privately-owned trees under this chapter shall not be interpreted as an obligation upon the city, and the city’s failure to act shall not constitute a basis for any claim of liability against the city. (Ord. 1190 § 1, 1987).

12.14.200 Appeal.

In the event that a private tree owner is notified to prune or to remove a tree under this chapter, such owner shall have the right to appeal the notice by filing an appeal in accordance with Chapter 2.50 GMC. (Ord. 2009-2 § 18; Ord. 1469 § 2, 1996; Ord. 1190 § 1, 1987).

12.14.210 Penalty.

Any person, firm or corporation responsible for removing a street tree or park tree without the approval of the city arborist, or under an exemption under this chapter shall pay the full value of the tree that was removed or $600.00, whichever is the greater sum, to the city’s tree fund. Any person, firm or corporation violating any other provisions of this chapter shall be, upon conviction or a plea of guilty, subject to a fine of not less than $10.00 nor more than $300.00. All fines collected shall be set aside for the planting, maintenance, and enhancement of street and park trees. The penalty provisions of this chapter shall be in addition to any remedies provided by laws of the state. (Ord. 1190 § 1, 1987).