HomeMy Public PortalAboutOrd. 749 - Tree OrdinanceORDINANCE NO. 749
AN ORDINANCE BY THE CITY OF MCCALL, IDAHO, AMENDING TITLE 8 OF
THE MCCALL CITY CODE ENACTING A NEW CHAPTER OF TITLE 8, CHAPTER
17, "TREES"; PROVIDING THE PURPOSE OF THE ORDINANCE; ESTABLISHING
A CITY TREE COMMITTEE; ENACTING DEFINITIONS; ESTABLISHING
REGULATIONS FOR THE PLANTING, MAINTENANCE AND REMOVAL OF TREES;
ENACTING PENALTIES; ALLOWING FOR OTHER MATTERS; AND ESTABLISHING
AN EFFECTIVE DATE
Whereas, the City recognizes the importance of trees to the
history, beauty, and economy of the City and the surrounding
area; and
Whereas, the City would like to better see to the vitality and
maintenance of trees within and around the City;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF MCCALL, Valley County, Idaho, as follows:
Section 1: A new chapter of the McCall City Code shall be added
as follows:
8-17-1:
8-17-2:
8-17-3:
8-17-4:
8-17-5:
8-17-6:
8-17-7:
8-17-8:
8-17-9:
8-17-10:
8-17-11:
8-17-12:
8-17-13:
8-17-14:
8-17-15:
8-17-16:
8-17-17:
CHAPTER 17
TREES
Purpose
Authority and Power
Term of Office
Applicability
Definitions
Landscaping
Tree Planting, Maintenance and Removal
Adjacent Landowner Responsibility
Tree Protection
Private Trees
Permits
Enforcement
Penalties, Claims and Appeals
Operation
Interference with Tree Committee
Review by City Council
Other
8-17-1: PURPOSE: It is the purpose of this ordinance
to promote and protect the public health, safety, and
general welfare by providing for the regulation of the
planting, maintenance and removal of trees, shrubs, and
other plants within the City of McCall.
Page 1 of 8
May 24, 2001
Ordinance No. 749
8-17-2: AUTHORITY AND POWER: There is hereby created
and established a City Tree Committee for the City of
McCall, which shall consist of five members who shall
be appointed by the mayor with the approval of the city
council. Members of the committee shall serve without
compensation.
8-17-3: TERM OF OFFICE: The term of the five persons
to be appointed by the mayor shall be three years,
except that the term of two of the members of the first
committee shall be only one year and the term of two
members of the first committee shall be for two years.
In the event that a vacancy shall occur during the term
of any member, his or her successor shall be appointed
for the unexpired portion of the term.
8-17-4: APPLICABILITY: This ordinance provides full
power and authority over all trees, plants and shrubs
located within street righte-of-way, parks, public golf
course and public places of the city. The Tree
Committee and City Arborist has the right to advise the
private sector as to the applicability of this
ordinance to the trees, plants and shrubs located on
private property that constitute a public nuisance as
described herein.
8-17-5: DEFINITIONS:
CITY ARBORIST,
CITY FORESTER,
PUBLIC WORKS
DIRECTOR
DRIPLINE:
PUBLIC TREE:
LANDMARK TREE:
A person employed by the City
who has the authority to manage
this ordinance with direction
from the Tree Committee. State
certification required.
The line that extends from the
outside edges of the tree
canopy to the ground.
Trees, shrubs, bushes and all
other woody vegetation on land
lying within the city right-of-
ways and city property.
A tree designated for its
unique characteristics, such
as: species rarity, old age,
association with a historical
event or person, abnormality,
or scenic enhancement.
Page 2 of 8
May 24, 2001
Ordinance No. 749
PRIVATE TREE:
PUBLIC NUISANCE:
RIGHT-OF-WAY:
A tree located on private
property, outside of city
right-of-ways, not a public
tree.
A tree that interferes by means
of obstructing, posing a
liability and threat to safety,
dead trees, diseased trees.
Improved or unimproved public
property owned by, dedicated
to, or deeded to, the public or
for the public's use, for the
purpose of providing vehicular,
pedestrian and other public
use. . Such public property
provides circulation and travel
to abutting properties and
includes, but is not limited
to, streets, alleys, sidewalks,
tree lawn, provisions for
public utilities, cut and fill
slopes, and open space.
STREET TREE: All public trees located within
public right-of-ways.
TOPPING:
TREE COMMITTEE:
On public trees, the severe
cutting back of limbs within a
tree's crown to such a degree
that only stubs remain or the
removal of the top part (trunk
and limbs) of a coniferous
tree, thereby removing a
significant portion of the
normal crown.
The citizen committee
established and designated as
the "McCall Tree Committee",
sanctioned by the McCall City
Council to be the advisory body
which may assist the city in
its efforts to carry out a tree
management program and may
recommend regulations and
standards for the planting,
care, and maintenance of the
public trees within the city.
Page 3 of 8
May 24, 2001
Ordinance No. 749
TREE LAWN:
The portion of the public
right-of-way lying between the
street and private property
lines which is generally
unimproved and planted with
grass or other vegetation.
8-17-6: LANDSCAPING: In new subdivisions or when the
development of commercial property occurs, the City
Arborist, Forester, representative or Tree Committee
shall review landscaping plans and may require street
trees to be planted in any of the streets, parking
lots, parks and other public places abutting lands
henceforth developed and/or subdivided. Right-of-way
planting will be approved by the Public Works Director
and the City Arborist.
8-17-7: TREE PLANTING, MAINTENANCE, AND REMOVAL:
(A) Tree Species: The Tree Committee develops and
maintains a list of desirable trees for planting
along streets in three zone classifications: small
(less than 10 feet), medium (10 - 20 feet) and
large (over 20 feet) .
(B) Spacing: The spacing of street trees will be in
accordance with the three species size classes
listed in this ordinance, and no trees may be
planted closer together than the following: small
trees, 30 feet; medium trees, 40 feet; large
trees, 50 feet; except for certain trees in
special plantings, designed or approved by the
City Arborist or Tree Committee.
(C) Utilities: No street trees other than those
listed herein as small or medium trees, not to
exceed the height of utilities, may be planted
under or within 10 lateral feet of any overhead
utility wire, or over or within 5 lateral feet of
any public underground water line, sewer line,
transmission line or other utility.
(D) Distance From Curb and Sidewalk: The distance
trees may be planted from curbs or curblines and
sidewalks will be in accordance with the three
species size classes listed in section IX of this
ordinance, and no trees may be planted closer to
any curb or sidewalk than the following: small
Page 4 of 8
May 24, 2001
Ordinance No. 749
trees, 1 foot; medium trees, 3 feet; large trees,
6 feet. Distance from a street corner shall be no
closer than 35 feet, distance from a fireplug
shall be no closer than 10 feet.
(E) Stump Removal: All stumps of street and park
trees shall be removed below the surface of the
ground so that the top of the stump shall not
project above the surface of the ground.
(F) Topping: It shall be unlawful to as a normal
practice for any person, firm, or city department
to top any street tree, park tree, or other tree
on public property. Topping is defined as the
severe cutting back of limbs to stubs within the
tree's crown to such a degree so as to remove the
normal canopy and disfigure the tree. 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 ordinance at
the determination of the City Tree Committee.
Right -of way pruning and tree removal will be
conducted by Public Works Department at the Public
Works Director and City Arborist discretion with
agreement between the Public Works and Parks
Departments.
8-17-8: ADJACENT LANDOWNER RESPONSIBILITY: No person
shall plant, remove, cut above the ground, or disturb
any tree on any street, park, city golf course, or
other public place without first filing an application
and procuring a permit from the City Forester,
Arborist, or city representative. The person receiving
the permit shall abide by the standards set forth in
this ordinance.
8-17-9: TREE PROTECTION:
(A) Upon the discovery of any communicable disease or
other pestilence which endangers the growth or
health of trees, or threatens to spread disease or
insect infestations, the City Arborist or Tree
Committee shall have the right to cause written
notice to be served upon the owner of the property
upon which such diseased or infested tree is
situated, and the notice shall advise such
property owner to eradicate, remove or otherwise
control such condition within reasonable time to
Page 5 of 8
May 24, 2001
Ordinance No. 749
be specified in such notice. The following
guidelines and standards shall apply to trees
proposed to be retained.
1. Not grading or locating utilities within the
tree's dripline.
2. Placing protective barriers around trees
3. Developers may be required to plant trees in
open spaces, so there is no loss of tree cover.
(B) The City Arborist shall have as one of his/her
duties the location, selection and identification
of any trees which qualify as a Landmark Tree if
it meets one or more of the following criteria:
1. Species rarity;
2. Old age;
3. Association with a historical event or person.;
4. Abnormality;
5. Scenic enhancement.
8-17-10: PRIVATE TREES: The City Forester, Arborist or
his/her official designee has the authority to advise
private property owners, whereon there is located a
tree, shrub, plant or plant part that is suspected to
be a public nuisance and to recommend its removal if
necessary, including any tree with an infectious
disease or insect problem, dead or dying trees, tree
limb(s) that obstruct street lights, traffic signs, the
free passage of pedestrians or vehicles, and tree that
pose a threat to safety.
8-17-11: PERMITS: No person, except the city Public
Works Director, arborist, forester, his/her agent, or a
contractor hired by the City Arborist, Forester may
perform any of the following acts without first
obtaining from the city, a permit for which no fee
shall be charged.
(A) Work or removal of a public tree.
Page 6 of 8
May 24, 2001
Ordinance No. 749
8-17-12: ENFORCEMENT: The City Forester, Arborist
shall have the authority to promulgate and enforce
rules, regulations and specifications concerning the
trimming, spraying, removal, planting, pruning and
protection of trees, shrubs, vines, hedges and other
plants upon the right-of-way of any street, ally,
sidewalk, or other public place in the city.
8-17-13: PENALTIES, CLAIMS AND APPEALS:
(A) Violations: Any person who violates any provision
of this ordinance or who fails to comply with any
notice issued pursuant to provision of the
ordinance, upon being found guilty of violation,
shall be guilty of an infraction and be subject to
any penalties allowed by the City or state. Each
day during which any violation of the provisions
of this ordinance shall occur or continue shall be
a separate offense. Any person found guilty of any
infraction under this section for a second time in
any twelve (12) month period shall be guilty of a
misdemeanor and subject to any of the penalties
allowed by the City or state. I f , as the result
of the violation of any provision of this
ordinance, the injury, mutilation, or death of a
tree, shrub, or other plant located on city -owned
property is caused, the cost of repair or
replacement, or the appraised dollar value of such
tree, shrub, or other plant, shall be born by the
party in violation. The value of trees and shrubs
shall be determined in accordance with the latest
version of A Guide to the Professional Evaluation
of Landscape Trees, Specimen Shrubs, and
Evergreens, as published by the International
Society of Arboriculture.
(B) Assessment of Claim: In the event that a nuisance
is not abated by the date specified in the notice,
the City Arborist, is authorized to cause the
abatement of said nuisance.
8-17-14: OPERATION: The Tree Committee shall keep a
journal of its proceedings. The committee shall meet as
necessary. A majority of the members shall be present
for the transaction of business.
8-17-15: INTERFERENCE WITH TREE COMMITTEE: It shall
be unlawful for any person to prevent, delay or
interfere with the City Tree Committee, or any of its
Page 7of8
May 24, 2001
Ordinance No. 749
agents,(Public Works Department) while engaging in and
about the planting, cultivating, mulching, pruning,
spraying, or removing of any street trees, park trees,
golf course trees, or other public places as authorized
in this ordinance.
8-17-16: REVIEW BY CITY COUNCIL: The City Council
shall have the right to review the conduct, acts and
decisions of the city Tree Committee. Any person may
appeal from any ruling or order of the Tree Committee
to the City Council who may hear the matter and make
final decision.
8-17-17: OTHER: Additions may added to this ordinance,
subject to City Council approval.
Section 2: This ordinance, or a summary thereof, shall be
published once in the official newspaper of the City, and shall
take effect upon its passage, approval, and publication.
Dated this /-kday of (_U , 2001.
CITY OF McCall
Valley County, Idaho
By C dic(-- //AAA -
Allan Muller, Mayor
ATTEST:
Cathleen A. Koch, City Clerk
Page 8 of 8
May 24, 2001
Ordinance No. 749
City of McCall
Certificate of Recording Officer
STATE OF IDAHO}
}
County of Valley }
I, the undersigned, the duly appointed, qualified, City Clerk of the City of McCall, Idaho,
do hereby certify the following:
1. That pursuant to the provisions of Section 50-207, Idaho Code, I keep a
correct journal of the proceedings of the Council of the City of McCall, Idaho,
and that I am statutory custodian of all laws, ordinances and resolutions of
said City.
2. That the attached Ordinance No. 749 is a true and correct copy of an
ordinance passed at a regular meeting of the Council of the City of McCall
held on May 24, 2001 and duly recorded in my office; and
3. That said regular meeting was duly convened and held in all respects in
accordance with law and to the extent required by law, due and proper notice
of such meeting and that a legally sufficient number of members of the
Council voted in the proper manner and for the passage of said ordinance; and
that all other requirements and proceedings incident to the proper adoption
and passage of said ordinance have been duly fulfilled, carried out and
observed; and that I am authorized to execute this certificate.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of McCall, Idaho this 20th day of July 2001.
Cathleen A. Koch, City Clerk
Publisher's Affidavit of Publication
STATE OF IDAHO
.sS
County of Valley
I, Carol J. Wright, being duly sworn and say, I am the receptionist of
The Star -News, a weekly newspaper published at McCall, in the County of
Valley, State of Idaho; that said newspaper is in general circulation in the
county of afore said and is a legal newspaper; that the PUBLIC NOTICE, a
copy of which is enclosed hereto and is a part hereof, was published in said
newspaper once a week for a period of one week in the regular and entire
issue of every number there of during the period of time of publication, and was
published in the newspaper proper and not in a supplement; and that publica-
tion of such notice began June 28, 2001 and ended June 28, 2001.
Subscribed and s
STATE OF IDAHO
COUNTY OF VALLEY
e this the 29th day of June, 2001.
On this 29th day of June, in the year of 2001, before me, a Notary
Public, personally appeared Carol J. Wright, known or identified to me to be the
person whose name subscribed to the within instrument, and being by me first
duly sworn, declared that the statements therein are true, and acknowledged to
me that she executed the same.
Tom Grote
Notary Public for Idaho
Residing at McCall, Idaho
Commission Expires 2/8/06
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Section' 8-17-16'pta
shah cAiisq written fiotice to be �et�ed up.ion the' Se�tion 8-17-17 states additions may added
t to City. Council ap-
Y sitii,�ia;'jdlvising such property owner to era i
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be'., if in�juch thereof,shall be published ofi.6e.in the- official
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irgorlo6aiifig utilities within Dated- this 28th day of June, 200 1'-;
'ATTEST: Cathleeri'A.'Kocli, Cit Clerk
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SUMMARY OF
ORDINANCE NO. 749
AN ORDINANCE BY THE CITY OF MCCALL, IDAHO, AMENDING TITLE 8 OF THE
MCCALL CITY CODE ENACTING A NEW CHAPTER OF TITLE 8, CHAPTER 17,
"TREES"; PROVIDING THE PURPOSE OF THE ORDINANCE; ESTABLISHING A CITY
TREE COMMITTEE; ENACTING DEFINITIONS; ESTABLISHING REGULATIONS FOR
THE PLANTING, MAINTENANCE AND REMOVAL OF TREES; ENACTING PENALTIES;
ALLOWING FOR OTHER MATTERS; AND ESTABLISHING AN EFFECTIVE DATE
WHEREAS, the City recognizes the importance of trees to the history, beauty, and economy of
the City and the surrounding area; and
WHEREAS, the City would like to better see to the vitality and maintenance of trees within and
around the City;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF MCCALL, Valley County, Idaho, as follows:
Section 1: A new chapter of the McCall City Code shall be added as follows:
Ordinance No. 749, passed May 24, 2001, is summarized pursuant to I.C. § 50-901A as follows.
CHAPTER 17 - TREES
Section 8-17-1 establishes the purpose of the Ordinance as promoting and protecting the public
health, safety, and general welfare by regulating the planting, maintenance and removal of trees,
shrubs, and other plants within the City of McCall.
Section 8-17-2 establishes a City Tree Committee for the City of McCall, consisting of five
members appointed by the mayor and approved by the city council. Members will not be
compensated for service.
Section 8-17-3 establishes a three-year term of office for members of the City Tree Committee,
except that the term of two of the members of the first committee shall be one year and the term
of two other members of the first committee shall be two years. In the event of a vacancy, a
successor shall be appointed for the unexpired portion of the respective member's term.
Section 8-17-4 sets forth the scope of the Ordinance's applicability as providing full power and
authority over all trees, plants and shrubs located within street rights -of -way in parks, on public
golf course and public places of the city, including the right to advise the private sector as to the
applicability of this Ordinance to the trees, plants and shrubs located on private property that
constitute a public nuisance.
Page 1
May 30, 2001
Summary of Ordinance No. 749
Section 8-17-5 sets forth several definitions to be used in the Ordinance. These definitions
include "City Arborist, City Forester;" "Public Works Director;" "Dripline;" "Public Tree;"
"Public, Landmark, Private and Street Tree;" "Public Nuisance;" "Right -of -Way;" "Topping;"
"Tree Committee;" and "Tree Lawn."
Section 8-17-6 establishes the procedure for reviewing landscaping plans by the City Arborist,
Forester, representative or Tree Committee for new subdivisions or development of commercial
property and by the Public Works Director and the City Arborist for right-of-way planting.
Section 8-17-7 establishes the method and requirements for tree planting, maintenance and
removal.
The Tree Committee shall develop and maintain a list of desirable trees; establish spacing and
placement of street trees in accordance to tree species; determine the handling of trees damaged
by storms or other causes; and determine the handling of trees interfering with utilities.
All street and park tree stumps shall be removed below the surface of the ground. No street trees
shall interfere with utilities (i.e., public underground water line, sewer line, transmission line or
other utility). It is unlawful for any person, firm, or city department to top (cut back or disfigure)
any street or park tree or other tree on public property.
Right -of way pruning and tree removal will be conducted by Public Works Department at the
Public Works Director and City Arborist discretion with agreement between the Public Works
and Parks Depal tments.
Section 8-17-8 establishes the procedure by which a landowner must file an application and
procure a permit from the City Forester, Arborist, or city representative to plant, remove, cut, or
disturb any street, park or other public tree. The person receiving the permit shall abide by the
standards set forth in this ordinance.
Section 8-17-9 establishes the means and procedures for tree protection as follows:
(A) Upon the discovery of any communicable disease or other pestilence which endangers the
growth or health of trees, or threatens to spread disease or insect infestations, the City Arborist or
Tree Committee shall cause written notice to be served upon the owner of the property upon
which such tree is situated, advising such property owner to eradicate, remove or otherwise
control such condition within reasonable time to be specified in such notice. The guidelines and
standards to trees proposed to be retained shall be applied as follows: not grading or locating
utilities within the tree's dripline; placing protective barriers around trees; and developers may be
required to plant trees in open spaces, so there is no loss of tree cover.
(B) The City Arborist is to locate, select and identify any trees which qualify as a Landmark
Tree pursuant to: species rarity; old age; association with a historical event or person;
abnormality; and scenic enhancement. Section 8-17-10 establishes the City Forester, Arborist
and his/her authority over private trees. Section 8-17-11 states no person other than the City
Page 2
May 30, 2001
Summary of Ordinance No. 749
Public Works Director, Arborist, Forester, his/her agent, or contractor hired by City Arborist or
Forester may remove a public tree without a permit.
Section 8-17-12 establishes the City Forester, Arborist's authority to enforce the rules and
regulations set forth in this Ordinance.
Section 8-17-13 sets forth the procedures for penalties, claims and appeals process as follows:
(A) Violations: Any person found guilty of violating any provision of this ordinance or who
fails to comply with any notice issued pursuant to provision of the ordinance, shall be guilty of an
infraction; each day during which any violation of the provisions of this ordinance shall occur or
continue shall be a separate offense. Any person found guilty of any infraction under this section
for a second time in any twelve (12) month period shall be guilty of a misdemeanor and subject
to any of the penalties allowed by the City or state, including the payment of the costs of tree
repair or replacement.
(B) Assessment of Claim: In the event that a nuisance is not abated by the date specified in
the notice, the City Arborist, is authorized to cause the abatement of said nuisance.
Section 8-17-14 establishes the operations of the Tree Committee. The Tree Committee shall
keep a journal of its proceedings and meet as necessary. A majority of the members shall be
present for the transaction of business.
Section 8-17-15 states that it is unlawful for any person to prevent, delay or interfere with the
City Tree Committee, or any of its agents,(Public Works Department) while engaging in and
about the planting, cultivating, mulching, pruning, spraying, or removing of any street trees, park
trees, golf course trees, or other public places as authorized in this ordinance.
Section 8-17-16 establishes the City Council's right to review the conduct, acts and decisions of
the City Tree Committee and its duty to hear and make a final decision on an appeal from any
ruling or order of the Tree Committee.
Section 8-17-17 states additions may added to this Ordinance, subject to City Council approval.
Section 2: This ordinance, or a summary thereof, shall be published once in the official
newspaper of the City, and shall take effect upon its passage, approval, and publication.
Page 3
May 30, 2001
Summary of Ordinance No. 749
Dated this a2S4 day of
ATTEST:
Cathleen A. Koch, City Clerk
(SEA.r)-
, 2001.
CITY OF McCall
Valley County, Idaho
Allan Muller, Mayor
Page 4
May 30, 2001
Summary of Ordinance No. 749
CERTIFICATION OF CITY ATTORNEY
As city attorney for and legal advisor to the City of McCall, Idaho, I hereby certify that I
have reviewed the foregoing Summary of Ordinance No. 749 of the City of McCall, adopted on
�S , 2001, and that the same is true and complete and provides adequate notice to the
uliiic of the contents of the ordinance.
DATED as of the 2g day of oict-ft-e--, 2001.
City Attorney
Page 5
May 30, 2001
Summary of Ordinance No. 749