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HomeMy WebLinkAboutOrdinance 1980ORDINANCE NO. 1 T�R D AN ORDINANCE AMENDING SECTIONS OF 12.36 TREES OF THE CENTRAL POINT MUNICIPAL CODE Recitals: A. The existing code does not have enough information on the street tree guide. B. The existing code does not have enough language on removing and replacement of existing street trees. C. The existing code does not address trees that are on private property that may be detrimental to public infrastructure or safety of private property. D. Words 1 ned thre6igh are to be deleted and words in bold are added. THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS: Section 1. Section 12.36 of the Central Point Municipal Code is amended to read: Chapter 5.04 Trees 12.36.030 Definitions. 12.36.040 Tree Removal/Replacement. 13.36.080 Protection of trees. 13.36.130 Street tree maintenance. 12.36.030 Definitions. "Approved tree list" means those trees identified in city of Central Point publication, Tree 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 Ordinance No. 1TD (101013) survival. Critical root zone is one foot of radial distance for every inch of tree diameter measured at four and one-half feet above 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. "Hazardous tree or shrub" means a tree or shrub 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 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" A tree is considered a public nuisance 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. "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 within a public right-of-way or on public land, such as a city park. Ordinance No. if D (101013) "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. 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 or hazardous tree, unless otherwise specified. A. The removal or major pruning 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. 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 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 Ordinance No. / T ?D (101013) 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 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. IN 01 administrator With R fifteen days of the deGiG GIR. 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. 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 Central Point planning commission as deemed necessary. (Ord. 1821 §1 (part), 2001). Ordinance No. lgkf) (101013) 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 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. Said owners at their own expense shall do pruning or removal within thirty 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 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. 12.36.080 Protection of trees. 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. Ordinance No. Q (101013) 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. 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 and--replaGernent, by the developer or property owner for three full growing seasons following planting, or as may be required by the city. (Ord. 1821 §1 (part), 2001). Passed by the Council and signed by me in authentication of its passage this &q+Vi day of 2013. Mayor Hank Williams ATTEST: City Recorder Ordinance No. ?R) (101013)