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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Persons Section 1: That Chapter 17 of Title 8 (Tree Ordinance) of the McCall City Code, be, and the same is hereby repealed.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 Ordinance 853 March 27, 2008 Page 1 of 11 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: Ordinance 853 March 27, 2008 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 Page 2 of 11 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 Ordinance 853 March 27, 2008 Page 3 of 11 Ordinance 853 March 27, 2008 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 Page 4 of 11 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. Ordinance 853 March 27, 2008 Page 5 of 11 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. Ordinance 853 March 27, 2008 Page 6 of 11 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 Ordinance 853 March 27, 2008 Page 7 of 11 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.. Ordinance 853 March 27, 2008 Page 8 of 11 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. Ordinance 853 March 27, 2008 Page 9 of 11 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. Ordinance 853 March 27, 2008 Page 10 of 11 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: 41(4 4-7,17\ S(r,,Y__Vl K �uer1�rn � G C(,V/k Ordinance 853 March 27, 2008 Page 11 of 11