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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 -cause the abaterii6ntof.iaidhoisanceii�,--,,-, -doe ng ad io oc "-public'tree.;_ any street trees, park tr669 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 di- prova be'., if in�juch thereof,shall be published ofi.6e.in the- official d I— ' es.. newspaper of the City, and'shall take 4'rdpbsed to b I e. . -retained shall'. be-i— hid as upon its passage., app�Dval;-aiid publication. irgorlo6aiifig utilities within Dated- this 28th day of June, 200 1'-; 'ATTEST: Cathleeri'A.'Kocli, Cit Clerk cove "(B) The City Arbbris 'Section 8�13tfO,-,tslAbffihes the'. ity.For- other than as ancp qeT s ss din; lathe event that: 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