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HomeMy WebLinkAboutOrdinance 1821.,. -,,. ORDINANCE NO. / S a ~ AN ORDINANCE AMENDING CPMC TITLE 12 RELATING TO TREES THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS: Section 1. Chapter 12.36 of the Central Point Municipal Code is hereby established as follows: Chapter 12.36 TREES Sections: 12.36.010 Purpose 12.36.020 Applicability 12.36.030 Definitions 12.36.040 Tree Removal/Replacement 12.36.050 Review Criteria 12.36.060 Permit Exemptions 12.36.070 Topping 12.36.080 Protection of Trees 12.36.090 Street and Frontage Tree Planting-When Required 12.36.100 Street Tree Standards 12.36.110 Street Tree Plans 12.36.120 Street Tree Planting 12.36.130 Street Tree Maintenance 12.36.010 Purpose The purpose of this ordinance is to establish and maintain the maximum amount of tree cover on public and private lands in the city; provide tree-lined streets throughout the city; select, situate and maintain trees appropriately to minimize hazard, nuisance, damage, and maintenance cost; to enhance the appearance of the City; to promote a diverse, healthy, and sustainable community forest; and to educate the public regarding community forest issues. 12.36.020 Applicability The provisions of this ordinance shall apply to: 1. Individual significant or historic trees as defined in this ordinance; 2. All trees planted in or upon any public area or right-of--way; ORDINANCE NO. 1821 (042601) pg. 1 5` '~ 3. All trees planted in or upon any private property which- directly affect public infrastructure including but on limited to sewers, water mains, sidewalks, streets, public property, or clear vision distances at street intersections; 4. All trees on developable land and subject to or undergoing development review such as site plan review, tentative subdivision review, or partition review; 12.36.030 Definitions Approved Tree List Those trees identified in City of Central Point publication, Tree Shames and Sizes to Suit the Site. Critical Root Zone Generally a circular region measured outward from a tree trunk representing the essential area of roots that must be maintained or protected for the tree's survival. Critical root zone is one foot of radial distance for every inch of tree diameter measured at 4.5 feet above ground level, with a minimum of eight feet. For significant trees, the formula changes to 1.5 feet for every inch of tree diameter at 4.5 feet above ground level, with a minimum of twelve feet. Crown The leaves and branches of a tree or shrub; the upper portion of the tree from the lowest branches on the trunk to the top. May also be referred to as "canopy". DBH Diameter-at-breast-height is tree trunk diameter measured in inches at a height of 4.5 feet above the ground. If a tree splits into multiple trunks below 4.5 feet, the trunk is measured at its most narrow point beneath the split. Drip Line A vertical line extending from the outermost edge of the tree's original canopy to the ground. Frontage Tree A living, standing woody plant typically having a single trunk at least 1- 1 /2 inch in diameter at a point six inches above mean ground level at the base of the trunk, that is located on private property adjacent to the street right-of--way. Hazardous Tree A tree or part thereof growing on private or public property which endangers, obstructs or impairs the free and full use of a public area, including utilities within these areas or is afflicted with or weakened by a disease or injury. Historic Tree Selected trees placed on a City inventory based on the age, species, location, health and historic significance. Maior Prunin Removal of over 20 percent of the tree's canopy, any tree topping, or disturbance of over 10 percent of the root system. Private .Tree A tree located on private property, other than a frontage tree, hazardous tree, historic tree or significant tree. ORDINANCE NO. 1821 (042601) pg.2 t. Public Tree A tree located within a public right-of--way or on public land, such as a city park. Significant Trees Selected trees placed on a City inventory based on the age, species, health and location. Street Tree A living, standing woody plant typically having a single trunk at least 1-1 /2 inch in diameter at a point six inches above mean ground level at the base of the trunk, that is located within the street right-of--way. Topping The severe cutting back of limbs to stubs three inches in diameter within the tree's crown to such a degree so as to remove the natural canopy and disfigure the tree. Tree Any woody plant having a truck five inches or more in diameter 4.5 feet above ground level at the base of the trunk. If a tree splits into multiple trunks below 4.5 feet, the trunk is measured at its most narrow point beneath the split. Tree Board An appointed citizen committee formed for the purpose of hearing concerns and making decisions regarding trees. The Central Point Planning Commission currently serves in this capacity. Tree Establishment Includes watering, initial pruning, and replacement of trees, if necessary, for a period of three years from the date of planting. 12.36.00 Tree Removal/Replacement The provisions of this section shall apply to any historic tree, significant tree, street tree, frontage tree required as a condition of development, street tree, public tree or hazardous tree, unless otherwise specified. The removal or major pruning of any tree other than a private tree shall require City approval, unless specifically designated as exempt by this ordinance. Persons wishing to remove or prune such trees shall file an application for a permit with the Central Point City Administrator. The applicant shall include information describing the location, type, and size of the subject tree or trees, and the reasons for the desired action. The request shall be forwarded to the Central Point Planning Commission for a decision within thirty days of submittal. The Planning Commission may approve, approve with conditions, or deny the request based on the criteria stated in 12.36.050. A decision of the Planning Commission may be appealed to the City Council if notice of intent to appeal is filed with the City Administrator within fifteen days of the Commission's decision. 2. All trees other than private trees shall be removed or pruned following accepted pruning standards adopted by the City. ORDINANCE NO. 1821 (042601) pg. 3 ,. 3. The applicant shall be responsible for all costs associated with the tree removal or pruning and shall ensure that all work is done in a manner which ensures safety to individuals and public and private property. 4. Approval of a request to remove a tree may be conditioned upon replacement of the tree with another tree from the City's approved tree list, or a requirement to pay to the city an amount sufficient to fund the planting and establishment by the city of a tree, or trees, of similar value. The value of the existing tree to be removed shall be calculated using the methods set forth in the edition then in effect of the "guide for Plan Appraisal" published.by the International Society of Arboriculture Council for Tree Landscape Appraisers. 5. The applicant is responsible for grinding stumps and surface roots at least six inches below grade. At least a two inch thick layer of topsoil shall be placed over the remaining stump and surface roots. The areas shall be crowned at least two inches above the surrounding grade to allow for settling and shall be graded smooth. The Applicant shall restore any damaged turf areas and grades due to vehicular or mechanical operations. The area shall be re-seeded. 6. Other conditions may be attached to the permit approval by the Central Point Planning Commission as deemed necessary. 12.36.050 Review Criteria. A permit for major pruning or tree removal shall be granted if any of the following criteria apply: The tree is unsafe, dead, or diseased as determined by a Certified Arborist. Verification of tree health may be required, at the expense of the applicant, by a Certified Arborist acceptable to the City. 2. The tree is conflict with public improvements. 3. The proposed removal or pruning is part of an approved development project, a public improvement project where no alternative is available, or is part of a street tree improvement program. 12.36.060 Permit Exemptions 1. Hazardous Tree - If an imminent danger exists to the public or any private property owner or occupant, the City may issue an emergency removal permit. The removal shall be in accordance with International Society of Arboriculture (ISA) standards. 2. Maintenance -Regular pruning maintenance which does not require the removal of over 20 percent of the tree's canopy, tree topping, or the disturbance of over 10 percent of the tree's root system is exempt from the provisions of this ordinance. ORDINANCE NO. 1821 (042601) pg.4 `. 12.36.070 Tree Topping It shall be unlawful for any person, firm, or the City to top any tree other than a private tree. Trees severely damaged by storms or other causes or certain trees under utility wires or other obstructions where normal pruning practices may be exempted at the determination of the Central Point Planning Commission, applying criteria developed by the City. 12.36.080 Protection of Trees 1. It shall be unlawful for any person to remove, destroy, break, or injure any tree other than a private tree. Individuals convicted of removing or destroying a tree without City approval shall be subject to paying to the City an amount sufficient to fund the planting and establishment of a tree, or trees, of similar value. The value of the removed or destroyed tree shall be calculated using the methods set forth in the edition then in effect of the "Guide for Plant Appraisal" published by the International Society of Arboriculture Council of Tree Landscape Appraisers. 2. It shall be unlawful for any person to attach or keep attached to any tree other than a private tree, or to the guard or stake intended for the protection of such tree, any rope, wire, chain, sign, or other device, except as a support for such tree. 3. During the construction, repair, alteration or removal of any building or structure it shall be unlawful for any owner or contractor to leave any tree other than a private tree in the vicinity of such building or structure without a good and sufficient guard or protectors as shall prevent injury to such tree arising out of or by reason of such construction or removal. 4. Excavations shall not occur within the drip line of any tree other than a private tree without approval of the City, applying criteria developed by the Planning Commission. Utility pole installations are exempted from these requirements. During such excavation or construction, the excavator or builder shall guard any such tree within the drip line, or as may be required by the Planning Commission. 5. All building or other debris shall be kept outside of the drip line of any tree other than a private tree. 6. Every effort should be made to retain existing trees on public or private property as an integral part of the development process. The Planning Commission shall make every effort to modify setback requirements to include existing trees. 12.36.090 Street and Frontage Tree Planting =When Required 1. All new multi-family development, commercial or industrial development, subdivisions, partitions, or parking lots fronting a public roadway which has a designated curb-side planting strip or planting island shall be required to plant street trees in accordance with the standards listed in Section 12.36.100. ORDINANCE NO. 1821 (042601) pg. 5 .. .:~. 2. Frontage trees shall be required as a condition of new development. The standards for the planting of such trees are those listed in Section 12.36.100. The number and location of frontage trees shall be determined by the Central Point Planning Commission during the site plan, tentative plan or other discretionary permit review process for new development. 12.36.100 Street Tree Standards The species of the street trees to be planted shall be chosen from the approved street tree list unless approval of another species is given by the Central Point Planning Commission. 2. Street trees shall be a minimum of one and a half (1 '/2) inches in caliper measured at six (6) inches above ground level. All trees shall be healthy grown nursery stock with a single straight trunk, a well developed leader with tops and roots characteristic of the species cultivar or variety. All trees must be free of insects, diseases, mechanical injury, and other objectionable features when planted. 3. Small or narrow stature trees (under 25 feet tall and less than 16 feet wide branching) should be spaced no greater than 20 feet apart; medium sized trees (25 feet to 40 feet tall, 16 feet to 35 feet wide branching) should he spaced no greater than 30 feet apart; and large trees (over 40 feet tall and more than 35 feet wide branching) should be spaced no greater than 40 feet apart. Within residential developments, street trees should be evenly spaced, with variations to the spacing permitted as approved by the City for specific site limitations and safety purposes. Within commercial and industrial development staggered, or irregular spacing is permitted, as may be approved by the Central Point Planning Commission. 4. When located adjacent to a local residential street or minor collector street, street trees shall be planted within acurb-side landscape strop measuring a minimum of three feet in width. Street trees adjacent to major collector streets or arterial streets shall be placed a minimum of four (4) feet from the back edge for the sidewalk. In no case shall a tree be planted closer than two and one-half (2 ''/2) feet from the face of a curb. 5. Street trees shall not be planted within ten (10) feet of fire hydrants, utility poles, sanitary sewer, storm sewer or water lines, or within twenty (20) feet of streetlight standards or street intersections, or within five (5) feet on an existing street tree. Variations to these distances may be granted by the Public Works Director and as may be required to ensure adequate clear vision. 6. Existing street trees shall be retained unless approved by the City Administrator for removal during site development or conjunction with a street construction project. Sidewalks of a variable width and elevation may be utilized as approved by the City Administrator or his designee to save existing street trees. Any street tree removed ORDINANCE NO. 1821 (042601) pg. 6 Y ~, through demolition or construction within the street right-of--way at a location approved by the city with a tree, or trees, of similar value. As an alternative the property owner may be required to pay to the City an amount sufficient to fund the planting and establishment by the city of a tree of similar value. The value of the edition then in effect of the "Guide for Plant Appraisal" published by the International Society of Arboriculture Council of Tree Landscape Appraisers. The developer or applicant shall be responsible for the cost of the planting, maintenance and establishment of the replacement tree. 7. Sidewalk cuts in concrete for tree planting shall be a minimum of four feet by six feet, with the long dimension parallel to the curb. 8. Street trees, as they grow, shall be pruned to provide at least eight (8) feet of clearance above sidewalks and thirteen (13) feet above local streets, fifteen (IS) feet above collector streets, and eighteen (18) feet above arterial streets. This provision may be waived in the case of newly planted trees so long as they do not interfere with public travel, sight distances, or endanger public safety as determined by the City. 9. Maintenance of street trees, other than those located in the downtown core area (defined as that area bordered by Manzanita, Oak, Front and 6`" Streets) shall be continuing obligation of the abutting property owner. 12.36.110 Street Tree Plans 1. Submittal. a. Subdivisions and Partitions -Street tree planting plans shall be submitted to City Staff for review and approval prior to the filing of a final subdivision or partition plat. b. Commercial, Industrial, Parking lots, and Multi-Family Residential Development Landscape plans, to include street tree planting as may be required by this ordinance, shall be submitted to the Landscape Review Committee for review and approval prior to the issuance of a building permit. 2. Street Tree Plan Content. At a minimum, the street tree planting should: a. Indicate all existing trees, noting location, species, size (caliper and height) and condition; b. Indicate whether existing trees will be retained, removed, or relocated; c. Indicate the measures to be taken during site development to ensure the protection of existing trees to be retained; ORDINANCE NO. 1821 (042601) pg. 7 ', ~, d. Indicate the location, species, and size (caliper and height) of street trees to be planted; and e. Indicate the location of proposed and existing utilities and driveways. f Indicate the location of rights-of--way, existing structures, driveways, and trees including their species, size, and condition, within twenty feet of the subject site. 12.36.120 Street Tree Planting 1. Residential Subdivisions and Partitions a. Planting Schedule. Street trees required of residential subdivisions and partitions shall be installed prior to Submittal of a final subdivision plat or partition plat. As an alternative the applicant may file a surety bond or other approved security to assure the planting of the required street trees, as prescribed in the Central Point Municipal Code. 2. Commercial, Industrial, Multi-Family, Parking Lot Development a. Planting Schedule. Street trees required of a commercial, industrial, multi- family, or parking lot development shall be installed at the time all other required landscaping is installed. 12.36.130 Street Tree Maintenance Street trees shall be continually maintained, including necessary watering, wedding, pruning and replacement, by the developer or property owner for three full growing seasons following planting, or as may be required by the City. Passed by the Council and signed by me in authentication of its passage this ~ day of ~ , 2001. ~~ Mayor ATT ~ ~, City Representative Approved by me this ~b day of ORDINANCE NO. 1821 (04260 V) pg. 8