HomeMy Public PortalAboutOrd. 853 - Tree Ordinance - Title 8ORDINANCE NO. 853
AN ORDINANCE OF THE CITY OF McCALL, VALLEY COUNTY, IDAHO,
REPEALING CHAPTER 17 OF TITLE 8 OF THE McCALL CITY CODE (THE TREE
ORDINANCE) AND REENACTING SAID CHAPTER 17 OF TITLE 8 OF THE
McCALL CITY CODE (McCALLTREE ORDINANCE) ; AND TO PROVIDE FOR AN
EFFECTIVE DATE.
CHAPTER 17
TREES
SECTION:
8.17.1: Purpose
8.17.2: Authority and Power
8.17.3: Applicability
8.17.4: Definitions
8.17.5: Landscaping
8.17.6: Care of Trees in the City
8.17.7: Tree Planting, Maintenance, and Removal
8.17.8: Tree Protection
8.17.9: Review and Designation Responsibilities
8.17.10: Permits
8.17.11: Enforcement
8.17.12: Certification Process
8.17.13: Operation
8.17.14: Interference with Tree Committee or City Staff
8.17.15: Appeal or Request for Hearing By Aggrieved Persons
Section 1: That Chapter 17 of Title 8 (Tree Ordinance) of the McCall City Code, be, and the
same is hereby repealed.
Section 2: That Chapter 17 of Title 8 (McCall Tree Ordinance) of the McCall Code, be, and
is hereby reenacted and shall read as follows:
Section 3:
8.17.1: PURPOSE: It is the purpose of this ordinance to promote and protect the public health,
safety, and general welfare, and also to increase public awareness and appreciation of a
community forest, by providing for the regulation of the planting, maintenance, and removal of
trees and shrubs within the City of McCall.
8.17.2: AUTHORITY AND POWER: There is hereby created and established a Tree Committee
for the City of McCall, which shall consist of five members, the majority being citizens and
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residents of this City, who shall each be appointed for a term of three years by the mayor with
the approval of the City Council. Members of the committee shall serve without compensation.
8.17.3: APPLICABILITY: This ordinance provides full power and authority over all trees and
shrubs located within street rights -of -way, parks, public golf course, airport property, and public
places of the City. The Tree Committee and City Arborist have the ability to advise the private
sector as to the applicability of this ordinance to the trees and shrubs located on private property
as described herein.
8.17.4: DEFINITIONS:
AGGRIEVED PERSON:
AIRPORT TREE:
ANSI A3000:
CITY ARBORIST:
CITY PUBLIC WORKS
DIRECTIOR:
COMMUNITY FOREST:
CONTROLLER:
DRIPLINE:
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A person who is a "controller" as defined herein, or an
applicant for a permit authorized by this chapter, or
any other person to whom the City Arborist, or Tree
Committee, has sent notice directing action or
prohibiting the taking of action, as authorized by this
chapter.
Any tree located within the boundaries of the McCall
Municipal Airport property.
The "American National Standard for Tree Care
Operations — Tree, Shrub And Other Woody Plant
Maintenance — Standard Practices." This document
outlines basic national perfoiiiiance standards for tree
pruning and maintenance. It was first published in
2002 by the American National Standards Institute
(ANSI).
A person employed by the City who has the authority
to manage this ordinance with direction from the Tree
Committee. State certification required.
A person employed by the City who has the
accountability for managing the City's public
infrastructure, including public streets, drainage ways,
water and wastewater systems.
The sum of all trees found within a city's boundaries,
including both publicly and privately owned trees.
Every person (owner, agent, tenant, occupant,
contractor, developer, or lessee) who exercises care,
custody, or control of real property, to include that
abutting a right-of-way upon which a public tree is
located.
The line that extends from the outside edges of the tree
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canopy to the ground.
CRITICAL ROOT ZONE: The area under a tree extending from the base of the
tree in all directions to an imaginary line ten feet (10')
outside the drip line.
GOLF COURSE TREE: Any tree located within the boundaries of the McCall
Municipal Golf Course.
LANDMARK TREE OR
STAND:
A tree or stand of trees designated for its unique
characteristics, such as: species rarity, old age,
association with a historical event or person,
abnoiuiality, or scenic enhancement.
PARK TREE: Any tree located within the boundaries of a McCall
City Park.
PEST: Any insect, disease, animal, or other organism that
causes halm or damage to trees.
PRIVATE TREE: A tree located on private property, outside of City
right-of-ways, and not a public tree.
PUBLIC TREE: Any tree whose trunk is located partly or wholly on
public property.
PUBLIC PROPERTY: Real property owned, managed, or leased to the city
and dedicated to the public for present or future use.
PUBLIC NUISANCE: A tree that interferes by means of obstructing, posing a
liability and threat to safety, or which is dead or
diseased.
PUBLIC RIGHT-OF-WAY:
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: Any tree located within a public right-of-way.
TOPPING: 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) thereby removing a
significant portion of the noumal canopy and thus
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disfiguring the tree.
TREE: Any perennial woody plant that generally grows taller
than eight feet (8') tall. This includes multiple -
stemmed plants (shrubs) that are tree -like in form and
generally grow taller than eight feet (8') tall.
TREE LAWN: The portion of a public right of way lying between the
street and private property lines which is generally
unimproved and planted with grass or other
vegetation.
TREE COMMITTEE: The citizen committee established and designated as
the "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 and private trees within the City.
8.17.5: LANDSCAPING: In new subdivisions or when the development of commercial property
occurs, the City Arborist or Tree Committee shall review landscaping plans and may require
street trees to be planted in any of the streets, parking lots, tree lawn, public right-of-way, parks
and other public places abutting lands henceforth developed and/or subdivided. Right-of-way
planting will be approved in advance by the Public Works Director and/or the City Arborist.
8.17.6: CARE OF TREES IN THE CITY:
1. Private/Controller Responsibilities:
Every controller shall be responsible for the following:
a. Meeting all the requirements and obtaining all the permits necessary for work
done on or adjacent to public right-of-way as described in this section.
b. Care and maintenance of public trees located on the right-of-way adjacent to
controller's private real property, including the following activities.
2. Removal and replacement of public trees or removal of those portions of public trees
declared to be public nuisance:
a. As part of the City's tree permitting process: Whenever a public tree is removed,
the applicant shall replace it with another from the Tree List, unless this
replacement requirement is waived by the City Arborist for good cause shown.
b. Pruning of public trees: the branches of trees that overhang sidewalks, must be
pruned to provide eight (8) feet of vertical clearance. Tree branches that overhang
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the street must be pruned to provide fourteen (14) feet of vertical clearance. No
limbs shall be trimmed or cut from any tree on any public right-of-way, which is
larger than six (6) inches in diameter without the City arborist's approval. Utility
providers shall trim or cut trees in public right-of-way according to ANSI A300
part 1, pruning standards.
8.17.7: TREE PLANTING, MAINTENANCE, AND REMOVAL:
(A) Tree Species: The Tree Committee develops and maintains a list, Desirable Tree List for
McCall, defining approved trees for planting along streets and other public property.
(B) Tree Planting in Public Right -of -Way: A tree permit shall be required to plant a tree in
any public right-of-way.
(C) Utilities: Street trees shall not be planted within 10 lateral feet of any overhead utility
wire, public underground water line, sewer line, transmission line or other utility.
(D) Distance from curb: The distance street trees shall be planted from curbs or curb -lines is
three feet (3') from face of curb to center of tree.
(E) Trees in Sidewalk Areas: All trees planted in sidewalk areas shall be provided with a
sufficient opening in the sidewalk area to provide adequate water for the tree. All trees
located in sidewalks shall be provided with a frame and grate. Design, construction
plans, specifications and materials must be approved by the City Arborist prior to the
start of construction and planting.
(F) Stump Removal: All stumps of street trees, park trees, and airport trees shall be flush cut
so that the top of the stump shall not project above the surface of the ground.
(G) Topping: It shall be unlawful as a normal practice for any person, firm, or City
department to top any street tree, park tree, or other tree on public property. Trees
severely damaged by storms or other causes, or certain trees under utility wires or other
obstructions where other pruning practices are impractical, or airport trees may be
exempted from this topping prohibition at the determination of the City Arborist or
Public Works Director.
(H) Replacement Tree: Whenever a street tree, park tree, or other tree on public property is
removed by permit, the permit holder shall replace it or cause it to be replaced with a
suitable replacement tree approved by the City Arborist, unless the Tree Committee
authorizes otherwise in writing. The planting of replacement tree(s) shall be completed
successfully by the time specified in the signed Tree Removal Permit, "Special
Provisions" section, or within 30 days of removal, or as soon as weather conditions
allow.
(I) Trees Adjacent to Public Property: Any person in possession of private property shall
maintain trees upon adjacent public rights -of -way and any trees upon private property,
which may affect said property, in a safe, healthy condition in compliance with the
provisions of this chapter.
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8.17.8: TREE PROTECTION:
(A) Upon the discovery of any pest that endangers the growth or health of trees, or threatens
to spread disease or insect infestations, the City Arborist 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, whether a public tree or a private tree. The notice shall advise
such property owner to eradicate, remove, or otherwise control such condition within
reasonable time to be specified in such notice.
1. 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.
(B) It shall be unlawful for any person to:
1. Damage, destroy, mutilate, or remove any public tree, including vehicle impacts.
2. Attach any device or structure (signs, tree houses, lights, nail, etc.) to or on a public
tree unless authorized in writing by the City Arborist.
3. Store, spill, or dump on any part of a public tree (or within the critical root zone of a
public tree), a substance (whether liquid or solid) that may be harmful to trees.
4. Damage a public tree through construction or maintenance activities in violation of a
permit issued under this chapter. Such activities include but are not limited to:
a. Making excavations or cuts in the soil near roots of a public tree unless authorized
in the permit by the City Arborist.
b. Skinning the bark; tipping back the trunk; or dumping, piling, or plowing dirt,
gravel, or snow on or against a public tree by heavy equipment or other
machinery.
c. Damaging roots of a public tree by compacting or placing fill within the critical
root zone of the tree.
d. Engaging in any pruning activity on public trees not in accordance with ANSI
A300 including but not limited to: topping, heading, rounding, or shearing unless
authorized in the permit by the City Arborist or Public Works Director.
5. Remove any public or street tree and fail to plant a replacement tree: The
replacement shall be an approved variety from the Desirable Tree List for McCall,
and shall be a minimum of a fifteen (15) gallon specimen.
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8.17.9: REVIEW AND DESIGNATION RESPONSIBILITIES:
(A) Landmark Trees: The Tree Committee shall have as one of its responsibilities the
location, selection, and identification of any trees, which qualify as a Landmark Tree or
Stand, meeting one or more of the following criteria:
1. Species rarity
2. Age
3. Association with a historical event or person
4. Abnormality
5. Scenic enhancement.
The Tree Committee shall recommend for adoption by Resolution of the City Council the
list of Landmark Trees and Stands, and shall recommend updates of the list periodically
with additions and subtractions.
(B) Street Tree Criteria: The Tree Committee shall have the responsibility of identifying and
inventorying street trees. The suitability of a tree to serve as a street tree shall include
consideration of:
1. Shade to streets, sidewalks, tree lawns, parks, or other public areas.
2. Enhancement of desirable views.
3. Choice of species, as listed in the City's List of Desirable Trees for McCall.
(C) Reviews. The Tree Committee shall have the responsibility of reviewing development
proposals that may affect landscaping and provide comment to the Planning and Zoning
Commission and City Council.
(D) Private Trees: The City Arborist or his/her official designee has the authority to advise
private property owners regarding protection of private trees and removal of problem
trees. If there is a private tree suspected to be a public nuisance, then he/she may require
its removal if necessary. This applies to any tree affected by a pest; a dead or dying tree;
a tree limb(s) that obstruct street lights, traffic signs, or the free passage of pedestrians or
vehicles; or a tree that poses a threat to safety.
8.17.10: PERMITS:
(A) No person shall plant, remove, cut above the ground, or disturb any tree on any street,
park, City golf course, airport, public right-of-way or other public place without first
obtaining a signed permit from the City Arborist, or Public Works Director. The person
receiving the permit shall abide by the standards set forth in this ordinance. The fee to
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accompany the permit to defray administrative expenses shall be set by resolution of the
City Council.
(B) The City Arborist or Public Works Director, his/her agent, or a contractor hired by the
City, may work on or remove a public tree or a street tree without first obtaining a Tree
Removal Permit from the City.
(C) 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. If, 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 or
public right-of-way is caused, the cost of repair or replacement, or the appraised dollar
value of such tree, shrub, or other plant, shall be borne by the party in violation. The
value of trees and shrubs shall be $1000 per tree and $100 per shrub, or the value
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, whichever is higher.
8.17.11: ENFORCEMENT: The City Arborist shall have the authority to enforce rules,
regulations and specifications concerning the trimming, spraying, removal, planting, pruning and
protection of trees and shrubs upon the right-of-way of any street, alley, sidewalk, or other public
place in the City.
8.17.12: CERTIFICATION PROCESS: The City Arborist shall maintain a list of contractors
that may remove or maintain public and private trees with the McCall City Limits:
(A) Eligibility Requirements: (At least one of the following.)
1. Arborist certification acquired through the International Society of Arboriculture
testing program.
2. Pro -logger certification.
3. List of qualification and experience.
(B) Contractor Responsibility:
1. Provide proof of insurance showing the Contractor has a policy of liability and
property damage insurance covering the work of the Contractor and the Contractors
employees. The insurance policy should also list the City as an additional insured
party in a sum not less that provided by Idaho Section 6-926, et.seg..
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2. The Contractor must provide proof of Workers' Compensation Insurance as required
by Idaho Code.
3. The Contractor shall be responsible for the work performed under the provision of
this section:
a. Utilize safety measures and equipment to protect workers and the public as
prescribed by laws and ANSI Standard.
b. Obtain required permits for tree removal.
c. Comply with City, County, State, and Federal laws.
(C) Certification Revocation/ Suspension: The City Arborist may suspend of revoke the
Contractors certification in any of the following acts are committed:
1. Violation of any provisions of this Chapter.
2. Knowingly conspiring with another person to permit the certification to be used by
such other parties unless employed or subcontracted by the Contractor.
(D) Violations, Penalties, Appeal:
1. Contractor whose certification is suspended or revoked may appeal that action to the
Tree Committee.
2. Damage or destruction of a public tree by any person, except as lawfully stated
herein shall be replaced according to the tree mitigation standards noted in
Subsection 8.17.8 B5:
a. Intentional interference with the City Arborist in the performance of his or her
duties is unlawful and a misdemeanor punishable pursuant to Municipal and
Idaho code.
b. Failure to perform tree services on public lands in compliance with accepted and
established Arboricultural Standards and Specifications Guide shall be a
misdemeanor. Any person (s) convicted of a violation of the Subdivision shall be
fined pursuant to the City's Municipal Code and Idaho Code.
8.17.13: OPERATION: The Tree Committee shall keep Minutes of its meetings. The
committee shall meet as necessary. A majority of the members shall be present for the
transaction of business.
8.17.14: INTERFERENCE WITH TREE COMMITTEE OR CITY STAFF: It shall be
unlawful for any person to prevent, delay, or interfere with the City Arborist while engaging in
and about the planting, cultivating, mulching, pruning, spraying, tending, or removing of any
street trees, park trees, golf course trees, public trees, shrubs, or vegetation on other public places
as authorized in this ordinance.
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8.17.15: APPEAL OR REQUEST FOR HEARING BY AGGRIEVED PERSONS:
(A) Right To Appeal: An aggrieved person, as defined in 8.17.4, may appeal a decision of the
City Arborist or Tree Committee, by filing a notice of appeal or request for hearing in writing
with the city clerk no later than ten (10) days after the decision is issued. When such notice
of appeal or request is received, proceedings before the council shall be on the record made
below. A notice of appeal shall set out with particularity the decision or part thereof from
which the appeal is being taken, and whether or not facts found by the City Arborist or Tree
Committee are disputed by appellant.
(B) Time Limits For Actions: The council shall hold a hearing on the appeal and the decision
appealed within forty five (45) days of the request and shall follow the hearing procedures
established in section 3.15.04 of the McCall City Code except that such hearing shall not be a
public hearing and testimony will only be allowed from staff, the appellant, and any experts
or fact witnesses called by the City or the appellant. The council shall set the hearing on its
agenda upon a date certain for the consideration of written and oral arguments; notice of such
hearing shall be provided to appellant no later than fifteen (15) days before the hearing;
should appellant desire to file written arguments, appellant shall do so no later than five (5)
days prior to the hearing.
(C) Stay Of Proceedings: An appeal hearing stays all proceedings in furtherance of the action
appealed from unless, after the notice of appeal or request for hearing is filed, the council
finds that by reason of the facts stated in the application, a stay would cause imminent peril
to health, safety or property.
(D) Council Action: After the hearing has been held, the council may:
1. Grant or deny the appeal or the permit; or
2. Delay such decision for no longer than sixty (60) days after the hearing date for further
study or hearing; provided, however, that the council must render a decision no later than
sixty (60) days from the date of the hearing.
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Section 4: EFFECTIVE DATE: 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.
PASSED BY THE COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 27th DAY
OF MARCH, 2008.
APPROVED BY THE MAYOR OF THE CITY OF McCALL, IDAHO, THIS 27th DAY
OF MARCH, 2008.
By L_di -d-eir
Bert Kulesza, Mayor
ATTEST:
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Ordinance 853
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