Chapter 11.28
STREET TREES
Sections:
11.28.010 Vegetation Management Standards handbook.
11.28.015 Relation to other ordinances.
11.28.025 Jurisdiction and administration.
11.28.030 Development requirement.
11.28.035 Permit and tree census.
11.28.040 Destroying, defacing or injuring any tree.
11.28.045 Violation – Penalties.
11.28.050 Variance from standards.
11.28.001 Title.
The ordinance codified in this chapter may be referred to as the “City of Puyallup Street Tree Ordinance.” The associated administrative policies and procedures may be referred to as “Vegetation Management Standards.” (Ord. 2451 § 1, 1995).
11.28.005 Purpose and intent.
This chapter establishes policies, regulations and standards relevant to the management of trees on city-owned public property and right-of-way necessary to ensure that the city will continue to promote and realize the benefits provided by street trees. The provisions of this chapter are enacted to accomplish:
(1) Through the planting, preservation and protection of trees:
(a) To conserve and enhance the city’s physical and aesthetic environment,
(b) To provide buffering and screening,
(c) To help increase property values,
(d) To contribute to neighborhood identity,
(e) To minimize the loss of native vegetation, and
(f) To generally protect and enhance the quality of life and general welfare of the city of Puyallup through increased arboreal stewardship;
(2) The establishment and implementation of a tree management program to provide an orderly program for encouragement, enabling and monitoring of tree planting for the future;
(3) The creation of guidelines concerning spacing, location and planting standards for street tree installation;
(4) Setting standards for size, condition and health of street trees at installation;
(5) The development of preferred and discouraged species listing guiding tree species selection;
(6) Protection, mitigation and replacement of existing street trees from damage due to construction, vandalism or accident. (Ord. 3130 § 1 (Exh. A), 2016; Ord. 2451 § 1, 1995).
11.28.010 Vegetation Management Standards handbook.
The collection of necessary policies, standards of practice, regulations and other pertinent information shall be gathered into a handbook known as “Vegetation Management Standards.” Additional informational brochures or flyers may be produced to aid residents in the selection, installation and maintenance of street trees. (Ord. 2451 § 1, 1995).
11.28.015 Relation to other ordinances.
(1) Nothing in this chapter shall interfere, alter or in any way change the responsibility of the community development department or other city department concerning trees relative to planning for the urban design of the city.
(2) Nothing in this chapter shall infringe, or in any way alter the provisions of the environmentally critical areas management regulations as set forth now or amended. If and where any conflicts may exist between tree installation and maintenance policies or other provisions of this policy and the environmentally critical areas management regulations, the environmentally critical areas management regulations shall be controlling. (Ord. 2451 § 1, 1995).
11.28.020 Overlay areas.
Upon approval by the planning commission and the city council, overlay areas may be established that set forth requirements or specification for tree plantings with the intent of improving the functional or aesthetic qualities of a specific area. Overlay areas may include but are not limited to: entry corridors, gateway corridors, subarea plans, business districts, historic districts, or neighborhood area plans. (Ord. 2451 § 1, 1995).
11.28.025 Jurisdiction and administration.
It shall be the responsibility of the director of community development or the director’s designee to supervise the planning, installation, maintenance and removal of trees on all streets and rights-of-way within the city limits in accordance with the provisions of this chapter. The director or the director’s designee shall be charged with the enforcement of this administrative procedure as specifically provided herein to include but not limited to the following:
(1) Supervise street trees or other vegetation in the public right-of-way unless otherwise provided;
(2) Plant and maintain trees and other vegetation in any public right-of-way or easement controlled by the city of Puyallup;
(3) Supervise all work done under a work authorization issued in accordance with the terms of this procedure;
(4) Prepare standards and polices for the management of city vegetation. These shall be compiled and known as the street tree section of the Vegetation Management Standards manual. It shall include but is not limited to standards and policies for:
(a) Street tree horticultural and arboricultural standards and practices,
(b) Street tree location, selection, installation, maintenance and removal,
(c) Arterial street tree plan and map,
(d) Implementation of design intent of this procedure and the comprehensive plan;
(5) Grant variances on an individual site and case specific basis from these regulations when undue hardship may result from strict compliance or to promote the use of innovative design and applications. All such variances shall be granted in accordance with PMC 11.28.035. (Ord. 2451 § 1, 1995).
11.28.030 Development requirement.
Street trees shall be provided along the frontage of any public street abutting a new development project. For purpose of this section, a new development project includes any new commercial/industrial/institutional facility or significant upgrades to said facility and/or any new residential project greater than one dwelling unit. Residential projects between two and five dwelling units will be encouraged but not required to install street trees unless determined by the director or director’s designee any one of the following apply:
(1) The development is located on a street listed on the arterial street tree plan; or
(2) There is an established street tree planting adjacent to the project; or
(3) As part of a mitigation plan.
Significant upgrade of facilities shall be defined as in administrative procedures. Street trees shall be located in the public right-of-way or assigned easements and adhere to the design intent, objectives, spacing, location and requirements as detailed herein and the Vegetation Management Standards Manual. Species selection shall be from the official street tree species list or if applicable, the arterial street tree plan. (Ord. 2451 § 1, 1995).
11.28.035 Permit and tree census.
(1) Any person that desires to significantly prune or remove any tree, shrub or other vegetation from areas controlled by this chapter shall first obtain a public works construction permit available from the community development department.
(2) Such activities by public utilities and city employees shall be exempt from the requirement to obtain a public works construction permit.
(3) All persons planting trees in areas controlled by this chapter shall complete a street tree installation census from the department of community development for which no fee will be charged.
(4) Nothing in this section shall be construed to exempt any person from the requirement of obtaining any additional permits or licenses required by law. (Ord. 2451 § 1, 1995).
11.28.040 Destroying, defacing or injuring any tree.
It is unlawful for any person to destroy, injure or deface, by any means any street tree, including but not limited to the following:
(1) Pouring any toxic material on any tree or on the ground near any tree;
(2) Attaching any sign, poster, notice or other object on any tree, or fastening any guy wire, cable, rope, nails, screws or other device to any tree except to support young or broken trees; and except that the city may tie temporary signs or banners associated with street improvement, parades, holiday lighting, or other city activities;
(3) Cause or encourage any fire or burning near or around any tree;
(4) Harm any tree by cutting the bark or branches with a knife, hatchet or similar object. (Ord. 2451 § 1, 1995).
11.28.045 Violation – Penalties.
Violations of the provisions of this title or failure to comply with any of its requirements shall be a misdemeanor. Each day such violation continues shall be considered a separate offense. Each offense shall, upon conviction, be punishable by a fine of not more than $100.00 or imprisonment of not more than 30 days, or both, in addition to all costs and expenses incurred by the city in securing compliance with this title. Any person found in violation of this chapter shall also be required to pay the replacement and installation value of the injured vegetation as determined by the latest version of “Valuation of Landscape Trees, Shrubs and Other Plants,” published by the International Society of Arboriculture, or by a similar valuation method. (Ord. 2451 § 1, 1995).
11.28.050 Variance from standards.
(1) In granting a variance from the standards, the director shall prescribe conditions deemed necessary or desirable for the public interest.
(2) No variance shall be granted unless the director finds that all of the following circumstances exist:
(a) That there are special circumstances or conditions affecting the property such that the strict application of the provisions of this procedure would deprive the applicant of the reasonable use of her/his land; and
(b) That the variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner; and
(c) That the variance will further the objectives and policies of this chapter. Such designs and applications shall be judged on technical merit, degree to which it meets the stated purpose and intent of this chapter, the advantages over standard practices, and the anticipate maintenance requirements.
(3) Notwithstanding the requirements of subsection (2) of this section, the director may grant a variance from the standards to allow for the use of innovative designs and applications. (Ord. 2451 § 1, 1995).
11.28.055 Severability.
Should any section, subsection, paragraph, sentence, clause or phrase of this chapter or its application to any person or situation be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. (Ord. 2451 § 1, 1995).