Chapter 12.17
TREES IN RIGHTS-OF-WAY AND OTHER PUBLIC PLACES
Sections:
12.17.050 City tree plan to be prepared.
12.17.060 City projects and maintenance activities to conform to plan.
12.17.080 Trees on private property overhanging public rights-of-way.
12.17.090 Damage to city trees.
12.17.100 Violations – Penalty.
12.17.010 Findings.
A. The city of Snoqualmie acknowledges the importance of trees to the community’s health, safety, and welfare.
B. Trees improve the quality of air and water, reduce stormwater runoff and help prevent soil erosion.
C. Trees increase the aesthetic quality of a community and the sense of community pride.
D. Preservation, management and enhancement of trees in public rights-of-way and other public places are consistent with the city’s mission and goals and objectives of the comprehensive plan.
E. The city recognizes the importance of trees to the ambiance of a city, the environment and property values. (Ord. 1198 § 14, 2017; Ord. 1052 § 2, 2010).
12.17.020 Purpose.
The purpose of this chapter is to provide for the maintenance, replacement and enhancement of city trees, and to provide for the preservation of heritage trees, to secure the benefits conferred by a prudently managed urban forest. (Ord. 1198 § 14, 2017; Ord. 1052 § 2, 2010).
12.17.030 Scope.
Except as provided in SMC 12.17.070, this chapter applies to city trees and other vegetation in public rights-of-way and other public places. (Ord. 1198 § 14, 2017; Ord. 1052 § 2, 2010).
12.17.040 Definitions.
The following words shall have the definitions ascribed, unless from the context another meaning is clearly intended.
A. “City tree” means a tree, shrub, bush, and/or other woody plant on land in public rights-of-way of all streets, avenues or ways within the city, within parks, upon the grounds of city buildings and facilities, or otherwise located upon public property within the city.
B. “Diameter at breast height (DBH)” means the diameter of a tree trunk measured at four and one-half feet above grade.
C. “Director” means the director of parks and public works.
D. “Heritage tree” means a tree designated by the city council as significant because of association with historic figures or events, rarity or extraordinary aesthetic value, or provision of exemplary habitat and cultural value due to age and species.
E. “Large tree” means a tree more than 45 feet in height at maturity.
F. “Medium tree” means a tree more than 30 feet but less than 45 feet in height at maturity.
G. “Significant tree” means any evergreen tree of at least 15 inches DBH, and any deciduous tree, other than red alder and cottonwood trees, at least 12 inches DBH. Red alder and cottonwood trees of any size are not considered significant trees.
H. “Small tree” means a tree of less than 30 feet in height at maturity.
I. “Tree” means a tree, shrub, bush, and/or other woody plant with a mature height of at least 12 feet. (Ord. 1198 § 14, 2017; Ord. 1052 § 2, 2010).
12.17.050 City tree plan to be prepared.
A. A plan for the planting, maintenance, replacement and enhancement of city trees, including the preservation of heritage trees, shall be jointly prepared by the directors of parks and public works and community development. The plan shall address the recommended location, spacing, soil preparation, nursery stock requirements, planting, establishment, pruning, and annual or other periodic maintenance of street trees and trees in parks and open space areas. The plan shall also address a regular plan for replacement of dead or diseased city trees.
B. The department of parks and public works shall maintain a master tree list of recommended small, medium and large tree species, and their appropriate uses as city street trees and park and open space trees. The list may be updated by the director of parks and public works as necessary.
C. The city tree plan, and any amendments thereto, shall be approved by city council by resolution. (Ord. 1198 § 14, 2017; Ord. 1052 § 2, 2010).
12.17.060 City projects and maintenance activities to conform to plan.
A. The design, construction and reconstruction of city streets, parks, city buildings and city facilities shall conform to the standards established in the city tree plan as nearly as feasible.
B. The director of parks and public works shall carry out the plan’s recommendations for maintenance of city trees and replacement of dead or diseased city trees, or so much of it as shall be feasible within the availability of funds in approved budgets. (Ord. 1198 § 14, 2017; Ord. 1052 § 2, 2010).
12.17.070 Heritage trees.
A. The director shall maintain a register of trees designated as heritage trees because of association with historic figures or events, rarity or extraordinary aesthetic value, or provision of exemplary habitat and cultural value due to age and species.
B. The director shall nominate city trees for designation as heritage trees, and prepare a report for city council setting forth the basis and supporting information for such nomination.
C. City council shall designate heritage trees by resolution containing sufficiently specific identification of the tree or trees so designated.
D. After designation of a city tree as a heritage tree, it shall not be removed unless city council makes at least one of the following findings:
1. The tree is dead or diseased and poses a danger to public safety.
2. After consideration of potential alterations to the project to preserve the tree, there is no feasible alternative to accomplishing a public project without removal of the tree.
3. The tree is causing damage to city streets, rights-of-way or buildings or facilities that cannot be corrected without removal of the tree.
4. There are other facts city council deems of greater public value to justify removal of the tree. (Ord. 1198 § 14, 2017; Ord. 1052 § 2, 2010).
12.17.080 Trees on private property overhanging public rights-of-way.
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 eight feet above the surface of the street or sidewalk. Such 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 director shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a streetlight or interferes with visibility of any traffic control device or sign. (Ord. 1198 § 14, 2017; Ord. 1052 § 2, 2010).
12.17.090 Damage to city trees.
Any person negligently damaging or deforming a city tree shall be liable to the city for the cost of replacement trees, including the cost of nursery stock as close in size to the damaged or deformed tree(s) as is feasible and the city’s costs for soil preparation, planting and actual or estimated costs of establishment. Damaged trees greater than six inches at DBH shall be replaced at a ratio of two new trees per one damaged tree, while all trees less than six inches at DBH shall be replaced at a ratio of one new tree per damaged tree. (Ord. 1198 § 14, 2017; Ord. 1052 § 2, 2010).
12.17.100 Violations – Penalty.
A. It shall be a misdemeanor for any person to intentionally damage or deform any city tree.
B. It shall be a gross misdemeanor for any person to intentionally damage or deform a heritage tree. (Ord. 1198 § 14, 2017; Ord. 1052 § 2, 2010).