Chapter 14.28
Tree Trimming or Removal in Public Rights-of-Way
Sections:
14.28.010 Statement of general policy.
14.28.040 Criteria, grounds, and associated matters.
14.28.060 Approved tree listing.
14.28.010 Statement of general policy.
It is the general policy of the city of Montesano to encourage the presence of trees along city streets, within rights-of-way, and upon other city property. In deciding whether to remove existing trees or require the planting of additional trees, the city will err on the side of having trees so long as such a policy does not create a known and unreasonable danger to or interference with the use of adjoining properties or result in an unreasonable fiscal cost being imposed. (Ord. 1463 §1, 2003).
14.28.020 Permit required.
Any person wishing to remove or significantly alter any tree, whether by pruning or otherwise, in the city-owned right-of-way shall first obtain a city of Montesano tree removal permit. Following processing as set forth in Section 14.28.030, the application may be granted, granted as amended or conditioned, or denied, all in the sole discretion of the decision maker. (Ord. 1463 §2, 2003).
14.28.030 Procedure.
The following shall apply to an application submitted for the purpose of undertaking activities covered in Section 14.28.020:
A. Applicants shall complete and submit to the director of community development a city of Montesano tree removal/trimming request. The request shall be accompanied by such fee as may be established by resolution adopted by the city council.
B. The application shall provide details on the location of the tree(s), reason for the request, applicable contact information, actions which are requested to be authorized, and such other information as may be required by the director.
C. The applications shall be reviewed by the director for completeness and routed to appropriate staff for review and response.
D. Unless the director requests additional information from the applicant, it is anticipated that the applicant will receive written notification of the status of the application within ten business days following submission of the completed application. The notification may be (a) that response requests are outstanding and necessary for decision, (b) that additional information is necessary, (c) approval, or (d) denial of the application. If the response is either (a) or (b), the response shall include an estimated date by which the decision will be made.
The time frame set forth above shall not apply to an application which is within the original jurisdiction of the public works committee of the city council. (Ord. 1463 §3, 2003).
14.28.040 Criteria, grounds, and associated matters.
In processing an application submitted under this chapter, the decision maker shall utilize and/or consider the following criteria and processes to determine if a permit will be issued:
A. Safety. Trees with demonstrated safety hazards to people or property due to disease or damage shall be removed or trimmed so as to remove the hazard.
1. The determination of whether a safety hazard exists will be made by the city forester or other expert retained by the city. The identified danger must be real and imminent for a permit to be issued.
2. If the applicant or an interested party disputes the determination of the city forester as to this issue, the applicant or interested party may retain a certified arborist or horticulturist at their own expense to make an independent determination. The city forester will review the independent report, and if the dispute remains after that review, the party not agreeing with the city forester’s decision may so indicate in writing setting forth the specific areas of disagreement. Upon the filing of such a document with the director, the issue will be forwarded to the city council public works committee.
3. Safety issues will not require consultation with neighboring property owners, and any decisions will be based solely on the safety risk. If the decision is based upon safety issues, written documentation shall be provided and maintained as to the basis of the determination.
4. If it is determined that a tree must be removed or trimmed under the provisions of this paragraph, the tree(s) will be removed at city expense. Where possible a replacement tree will be placed in the same general area.
B. Limitation Upon Access. Any application based upon this ground shall be processed as follows:
1. Determination of the need for tree removal will be made by the director after consultation with the public works director. The permit shall be issued only if the director determines that the subject tree or trees are blocking reasonable access from city streets to the property owned by the applicant or applicants.
a. The applicant will be required to provide written notification of the request to all property owners within three hundred feet of the removal location and provide proof to the director of the giving of such notice. The notice shall contain such information as may be specified by the director so as to, in the opinion of the director, provide the recipient adequate information as to the nature of the request, the location of the affected tree or trees, the time period for receipt of a written response, and the location to which any such response is to be directed.
b. Any citizen may request the opportunity to provide written input into the application review.
c. No decision shall be made until at least fourteen business days after the giving of the last required notice under subsection (a) of this section.
2. If it is determined that it is appropriate to grant an application under this provision, the following shall apply:
a. The minimum number of trees necessary to provide access will be removed or trimmed.
b. The applicant will be responsible for the removal or trimming of the trees and any associated debris at their expense.
c. The city retains the right of first refusal for any merchantable wood from the tree removal.
d. The city, whether through the building permit process or the application process for the permit authorized under this chapter, may require the landowner to plant suitable replacement trees as mitigation for the trees that are removed.
C. Aesthetic Values and Consideration. Any request to modify street trees for aesthetic values must be accompanied by a written plan that shows how the request is consistent with the overall policy of encouraging the presence of trees. Any request based upon this ground shall be considered as follows:
1. Upon submission of the application to the director, it shall be referred to the public works committee.
a. Review and decision upon the request will be made by the city council public works committee.
b. The city may require the applicant to provide notice to adjacent landowners or to the general public depending on the size and location of the request.
2. If it is determined appropriate to grant the application, the following conditions shall be applicable:
a. The applicant shall be responsible for the removal or trimming of the trees and any associated debris at their own expense.
b. The city retains the right of first refusal for any merchantable logs from the tree removal.
c. The city may require replacement of any trees that are removed with suitable sizes and species to help meet the goal of maintaining the presence of street trees.
D. City Projects. Any significant city project that affects the number, type, or location of street trees will follow an internal review process to insure that the goals of this policy are met. For purposes of this section, a project shall be deemed significant if either (1) an environmental check list is required as a condition precedent to going forward with the project; or (2) it meets such criteria as shall hereafter be set by the council through written resolution.
1. A written plan will be developed to document the affect of the project and any mitigation to insure consistency with this policy.
2. In the discretion of the city, the city may provide notice to adjacent property owners and the general public. The notice shall provide a reasonable summary of the project and provide a date by which any written comments must be submitted to the director. The director shall forward copies of all comments received to the department head in charge of the project and to the public works committee of the city council.
3. The public works committee will review plans before the project is undertaken. It may make recommendations to the entire council as to alterations or additions to the plan. (Ord. 1463 §4, 2003).
14.28.050 Exceptions.
No provision of this chapter shall apply to the following: (a) pruning and maintenance of city-owned trees by city staff, public utilities, or their contractors, (b) emergency actions authorized by the director of public works, after consultation with the city forester, as the result of a hazard to life or property, nor (c) to operations within the city forest. (Ord. 1463 §5, 2003).
14.28.060 Approved tree listing.
To aid in the planning and implementation of an approved permit, the city shall develop a list of "Recommended Street Tree Species." This list of tree species shall contain species suitable for use as street trees.
A. The list shall be developed in consultation with arborists, landscape architects, and horticulturists who are familiar with the specific growing conditions found in Montesano and Grays Harbor County.
B. The list will be used as the primary reference document when selecting trees for city projects or for any requirements for replacement trees. (Ord. 1463 §6, 2003).
14.28.070 Penalty.
Any person either undertaking activities subject to this chapter without first obtaining such a permit or failing to act in compliance with the terms and conditions of a permit issued under this chapter shall be subject to penalties as provided in Section 1.08.040. (Ord. 1463 §7, 2003).
14.28.080 Appeal.
The director’s decision in relation to any permit authorized under this chapter may be appealed to the city council’s public works committee by the applicant or other citizen. The appeal shall be in writing and shall be filed with the office of the clerk-controller within fourteen calendar days of the issuance and mailing of the decision.
The appeal shall set forth in reasonable detail the bases for the appeal and shall attach a copy of the decision from which the appeal is taken. The committee shall thereafter set a date upon which the appeal will be heard. Written notice of the hearing shall be given to the applicant, the appellant if other than the applicant, and any other person requesting such notice.
The committee may receive such information as it deems necessary and appropriate to aid it in considering the decision. It shall issue a decision in writing which may affirm, reverse, or modify the director’s decision. The decision of the committee shall be final. (Ord. 1463 §8, 2003).