HomeMy WebLinkAboutOrdinances 2062 ORDINANCE NO.Jt(Oa
AN ORDINANCE AMENDING CENTRAL POINT MUNICIPAL CODE SECTION 12.36 IN
PART REGARDING TREES
RECITALS:
A. Pursuant to CPMC, Chapter 1.01.040, the City Council, may from time to time
make revisions to its municipal code which shall become part of the overall
document and citation.
B. Upon review, the staff and city attorney for the City of Central Point
determined that amendment to Chapter 12.36 Trees is advisable to expand
the definition of nuisance trees, allow homeowners to apply for removal and
replacement of a nuisance tree and/or allow the City to require a homeowner
to remove a tree the City deems to be a nuisance.
C. Words lined through are to be deleted and words in bold are added.
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 12.36 is amended in part as set forth below and incorporated herein
by reference.
Chapter 12.36
TREES
Sections:
12.36.010 Purpose.
12.36.020 Applicability.
12.36.030 Definitions.
12.36.040 Tree removal/replacement.
12.36.045 City's power is permissive.
12.36.050 Review criteria.
12.36.060 Permit exemptions.
12.36.070 Tree topping.
12.36.080 Protection of trees.
12.36.090 Street and frontage tree planting--When required.
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1 I Ordinance NcNovember 14, 2019
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 chapter 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. (Ord. 1821 §1(part), 2001).
12.36.020 Applicability.
The provisions of this chapter shall apply to:
A. Individual significant or historic trees as defined in this chapter;
B. All trees planted in or upon any public area or right-of-way;
C. All trees and shrubs planted in or upon any private property which directly affect public infrastructure
including but not limited to sewers, water mains, sidewalks, streets, public property, or clear vision
distances at street intersections,and private utility and irrigation lines, including but not limited to
frontage trees and private trees which are deemed hazardous trees or shrubs or nuisance trees as
defined in this Chapter;
D. All trees on developable land and subject to or undergoing development review such as site plan
review, tentative subdivision review, or partition review. (Ord. 1821 §1(part), 2001).
12.36.030 Definitions.
"Approved tree list" means those trees identified in city of Central Point publication, City of Central Point
Recommended Street Tree Guide which will be approved and amended by city council resolution.
"Critical root zone" is 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 four and one-half feet above
2 I Ordinance No. b;kovember 14, 2019
ground level, with a minimum of eight feet. For significant trees, the formula changes to one and one-half
feet for every inch of tree diameter at four and one-half feet above ground level, with a minimum of twelve
feet.
"Crown" means 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."
"Diameter-at-breast-height(DBH)" is tree trunk diameter measured in inches at a height of four and one-
half feet above the ground. If a tree splits into multiple trunks below four and one-half feet, the trunk is
measured at its most narrow point beneath the split.
"Drip line" means a vertical line extending from the outermost edge of the tree's original canopy to the
ground.
"Frontage tree" means a living, standing woody plant typically having a single trunk at least one and one-
half inches 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 and was installed as a condition of
development approval.
"Hazardous tree or shrub" means a tree or shrub or part thereof growing on private or public property
which endangers, obstructs or impairs the free and full use of a public area, including public or private
utilities and irrigation lines within these areas,or is afflicted with or weakened by a disease or injury or is
considered dead.
"Historic tree" means selected trees placed on a city inventory based on the age, species, location, health
and historic significance.
"Major pruning" means removal of over twenty percent of the tree's canopy, any tree topping, or
disturbance of over ten percent of the root system.
"Nuisance Tree" -- - -- - -- =- - --- - - - -= means a tree or part thereof growing on
private or public property which by reason of its condition interferes with the use of any public area; or
which is infected with a plant disease; or which is infested with injurious insects or pests which therein
threaten public or private property, or which endangers the public health, safety and welfare,or which
has failed to thrive. Nuisance trees include fruit, nut or deciduous trees which drop a significant
3 I Ordinance NoO ';`November 14, 2019
amount of fruits, nuts or pinecones onto public sidewalks or public streets creating a reasonable
tripping hazard and/or unreasonable burden of maintenance or cleaning of public sidewalks
and/or other public property,or are otherwise inappropriate for their location.
"Private tree" means a tree located on private property, other than a frontage tree, hazardous tree,
historic tree or significant tree.
"Public tree" means a tree located with.^ c pth!s-Figktt-ef-way-ef on public land, such as a city park.
"Significant trees" means selected trees placed on a city inventory based on the age, species, health and
location.
"Street tree" means a living, standing woody plant typically having a single trunk at least one and one-half
inches 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" means 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" means any woody plant, including shrubs and bushes, having a trunk five inches or more in
diameter four and one-half feet above ground level at the base of the trunk. If a tree splits into multiple
trunks below four and one-half feet, the trunk is measured at its most narrow point beneath the split.
"Tree board" means 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, feeding, initial pruning, pesticide or herbicide management, and
replacement of trees, if necessary,for a period of three years from the date of planting. (Ord. 1980
§1(part), 2013; Ord. 1821 §1(part), 2001).
12.36.040 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, public tree, nuisance tree or hazardous tree or shrub, unless
otherwise specified.
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4 I Ordinance No.aovember 14, 2019
A. The removal or major pruning by a property owner or association of owners responsible for
maintenance of any tree other than a private tree shall require city approval, unless specifically
designated as exempt by this chapter. Persons wishing to remove or prune such trees shall file an
application for a permit with the Central Point city manager. Where the application is filed by an
association of owners responsible for maintenance,the owner of the property upon which the tree
is located must consent in writing to the application. 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 city shall review the application for the permit within thirty (30)calendar days and either approve,
approve with conditions or modifications, deny the application or request additional information based on
the criteria stated in Section 12.36.050. Any decision to deny the application shall be in writing along with
the reasons for the denial and a description of the appeal process.
An applicant may appeal an adverse determination to the Central Point planning commission. A written
notice of appeal shall be filed with the city manager within fifteen (15)calendar days following the date of
distribution of a city's decision. The applicant shall have the burden of proving that the city made an
incorrect decision. Based on the planning commission's findings and conclusions, the planning
commission may affirm, reverse or modify the decision being appealed.
B.All trees other than private trees shall be removed or pruned following accepted pruning standards
adopted by the city.
C. 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.
D.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 I Ordinance No. t1allovember 14, 2019
E. 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 reseeded.
F. Other conditions may be attached to the permit approval by the --- - •- . . -• - -- --- . _- city
as deemed necessary.
G. The city shall have the right to cause the pruning or removal of any potentially hazardous or nuisance
tree, or parts of a tree or shrub, on public or private property within the city, when such trees constitute a
threat to human life, safety, or property. Except in an emergency when immediate action is necessary for
safety, the Central Point city manager or his designee will notify in writing the owners of such trees.
Where such hazardous tree or shrub or nuisance tree is located within public right-of-way
maintained by private property owners,or a private property owners' associations,the city shall
notify in writing the property owner of record whose property frontage includes said tree. Said
owners at their own expense shall do pruning or removal within thirty (30)days after the date of notice. In
the event of failure of owners to comply with such provisions, or in the above mentioned emergency
situation,the city shall have the authority to remove or cause to be removed such trees and assess the
cost of removal, and replacement of such tree, plus reasonable and actual administrative charges as a
lien against the property.
H. In the event that it becomes necessary for the Central Point city manager or his designee to undertake
the inspection, pruning or removal of a potentially hazardous or nuisance tree from any private property
within the city, the city manager or his designee shall have the right at reasonable times to enter into or
upon said property to inspect, prune or remove said potentially hazardous or dead tree. (Ord. 1980
§1(part), 2013; Ord. 1969§1(part), 2013; Ord. 1821 §1(part), 2001).
12.36.045 City's power and authority is permissive, not mandatory.
Under no circumstances shall this chapter obligate city,or any employee or agent thereof,to
undertake any particular action to enforce any of the terms of this chapter. All authority granted
to city, its agents and employees,shall be permissive and not mandatory,and city, its agents and
6 I Ordinance NoIovember 14, 2019
employees shall have complete discretion to determine whether or not enforcement action of any
type should be undertaken and if so,the nature of the enforcement action itself.
12.36.050 Review criteria.
A permit for major pruning or tree removal shall be granted if any of the following criteria apply:
A. 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;
B. The tree is in conflict with public improvements such as public utilities,sidewalks, public areas,or
rights of way;
C. 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-; or
D.The tree is deemed a nuisance tree or a hazardous tree or shrub as defined in this Chapter; or
E.The tree is in conflict with private utilities or irrigation lines.
12.36.060 Permit exemptions.
A. 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.
B. Maintenance. Regular pruning maintenance which does not require the removal of over twenty percent
of the tree's canopy, tree topping, or the disturbance of over ten percent of the tree's root system is
exempt from the provisions of this chapter. (Ord. 1821 §1(part), 2001).
12.36.070 Tree topping.
It is unlawful for any person, firm, or the city to top any tree other than a private tree; however,trees
severely damaged by storms or other causes or certain trees under utility wires or other obstructions may
be exempted from normal pruning practices at the determination of the Central Point planning
commission, applying criteria developed by the city. (Ord. 1821 §1(part), 2001).
12.36.080 Protection of trees.
7 I Ordinance Novnd.November 14, 2019
A. It is unlawful for any person to remove, destroy, break, or injure any tree or part of a tree other than a
private tree. Individuals convicted of removing or destroying a tree or part of 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.
B. It is 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.
C. During the construction, repair, alteration or removal of any building or structure it is 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.
D. Excavations shall not occur within one and one-half times 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 said area around the drip line, or as may be required
by the planning commission.
E.All building or other debris shall be kept outside one and one-half times of the drip line of any tree other
than a private tree.
F. Every effort should be made to retain existing trees on public or private property as an integral part of
overall community forest canopy and the development process. The planning commission shall make
every effort to modify setback requirements to include existing trees. (Ord. 1980§1(part), 2013; Ord.
1821 §1(part), 2001).
12.36.090 Street and frontage tree planting--When required.
A. All new multifamily development, commercial or industrial development, subdivisions, partitions, or
parking lots fronting a public roadway which has a designated curbside planting strip or planting island
shall be required to plant street trees in accordance with the standards listed in Section 12.36.100.
8 I Ordinance No. ,November 14, 2019
B. 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. (Ord. 1821 §1(part), 2001).
12.36.100 Street tree standards.
A. 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.
B. Street trees shall be a minimum of one and one-half inches in caliper measured at six 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.
C. Small or narrow stature trees (under twenty-five feet tall and less than sixteen feet wide branching)
should be spaced no greater than twenty feet apart; medium sized trees (twenty-five feet to forty feet tall,
sixteen feet to thirty-five feet wide branching) should be spaced no greater than thirty feet apart; and large
trees (over forty feet tall and more than thirty-five feet wide branching)should be spaced no greater than
forty 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.
D. When located adjacent to a local residential street or minor collector street, street trees shall be
planted within a curb-side landscape strip 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 feet from the back
edge of the sidewalk. In no case shall a tree be planted closer than two and one-half feet from the face of
a curb.
E. Street trees shall not be planted within ten feet of fire hydrants, utility poles, sanitary sewer, storm
sewer or water lines, or within twenty feet of street light standards or street intersections, or within five
feet of 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.
9 I Ordinance No ,November 14, 2019
F. Existing street trees shall be retained unless approved by the city manager for removal during site
development or in conjunction with a street construction project. Sidewalks of a variable width and
elevation may be utilized as approved by the city manager or his designee to save existing street trees.
Any street tree removed through demolition or construction within the street right-of-way shall be replaced
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 removed 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. The developer or applicant shall be responsible
for the cost of the planting, maintenance and establishment of the replacement tree.
G. 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.
H. Street trees, as they grow, shall be pruned to provide at least eight feet of clearance above sidewalks
and fourteen feet above local streets, sixteen feet above collector streets, and eighteen feet above arterial
streets. This provision shall 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.
I. Maintenance of street trees, other than those located in the downtown core area(defined as that area
bordered by Manzanita, Oak, Front and 6th Streets) shall be the continuing obligation of the abutting
property owner. (Ord. 1984§1, 2014; Ord. 1969§1(part), 2013; Ord. 1821 §1(part), 2001).
12.36.110 Street tree plans.
A. Submittal.
1. 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.
2. Commercial, Industrial, Parking Lots, and Multifamily Residential Development. Landscape
plans, to include street tree planting as may be required by this chapter shall be submitted to the
landscape review committee for review and approval prior to the issuance of a building permit.
B. Street Tree Plan Content. At a minimum, the street tree plan should:
10 I Ordinance No.atkelTovember 14, 2019
1. Indicate all existing trees, noting location, species, size(caliper and height)and condition;
2. Indicate whether existing trees will be retained, removed, or relocated;
3. Indicate the measures to be taken during site development to ensure the protection of existing
trees to be retained;
4. Indicate the location, species, and size(caliper and height) of street trees to be planted;
5. Indicate the location of proposed and existing utilities and driveways; and
6. 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. (Ord. 1821 §1(part), 2001).
12.36.120 Street tree planting.
A. Residential Subdivisions and Partitions.
1. 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.
B. Commercial, Industrial, Multifamily, Parking Lot Development.
1. Planting Schedule. Street trees required of a commercial, industrial, multifamily, or parking lot
development shall be installed at the time all other required landscaping is installed. (Ord. 1821
§1(part), 2001).
12.36.130 Street tree maintenance.
Street trees shall be continually maintained, including necessary watering, feeding, weeding, pruning,
pesticide, herbicide application for pest and disease management with removal and replacement of any
dead or dying tree, by the developer or property owner for three full growing seasons following planting,
or as may be required by the city. (Ord. 1980§1(part), 2013; Ord. 1821 §1(part), 2001).
111 Ordinance No. November 14, 2019
SECTION 2. Codification. Provisions of this Ordinance shall be incorporated in the City
Code and the word "ordinance" may be changed to "code", "article", "section", "chapter"
or another word, and the sections of this Ordinance may be renumbered, or re-lettered,
provided however that any Whereas clauses and boilerplate provisions (i.e. Recitals A-C)
need not be codified and the City Recorder is authorized to correct any cross-references
and any typographical errors.
SECTION 3. Effective Date. The Central Point City Charter states that an ordinance enacted
by the Council shall take effect on the thirtieth day after its enactment.The effective date of
this ordinance will be the thirtieth day after the second reading.
PASSED by the Council and signed by me in authentication of its passage this /Ay of
0,buecjrj2019.
Mayor Hank Williams
ATTEST•
City Recorder '
12 I Ordinance No November 14, 2019