Atwater Municipal Code Ch. 12.32 Trees

Footnotes:

--- (2) ---

Editor's note— Ord. CS 992, § 1, adopted Feb. 12, 2018, amended Ch. 12.32 in its entirety to read as herein set out. Former Ch. 12.32, §§ 12.32.000—12.32.190, pertained to similar subject matter and derived from Prior Code, §§ 12-3.07, 12-3.08; Ord. CS 450, adopted in 1980; Ord. CS 673, adopted in 1991; and Ord. CS 710, adopted in 1994.

It is hereby declared that it is in the public interest that the City establish, adopt, and maintain an effective program for the installation, maintenance, and preservation of trees along City streets.

(Ord. CS 992, § 1, 2-12-2018)

As used in this chapter:

A. "Director." Director shall mean the Public Works Director or his/her designee.

B. "Master plan" is the City of Atwater Urban Forest Master Plan, on file with the City Manager. This plan shall be periodically reviewed by the Director and Community Development and Resources Commission, subject to City Council approval.

C. "Official street trees" are those trees specified in the urban forest master plan.

D. "Street trees" are any City owned tree located within the City right-of-way or easement, including, but not limited to, park-strips located between the sidewalk and the curb, City-maintained medians, and all trees located within 12 feet from the curb-line in locations where the sidewalk and curb are adjacent.

E. "Property owner." For the purpose of this chapter, any person or persons owning a piece of real property adjoining or abutting a street right-of-way between the protection of the exterior boundaries of their property.

F. "Commission". Commission shall mean the Community Development and Resources Commission.

G. "Adopted maintenance and planting standards" shall mean the most current industry-accepted tree and landscape standards (ANSI AZ300 Standards; CTLA Guide For Plant Appraisal, latest edition).

H. "Diameter" shall mean diameter at breast height (DBH), or trunk diameter measured four and one-half feet from the ground.

(Ord. CS 992, § 1, 2-12-2018)

The trees on the street tree master list shall be designated by the Director and approved by the City Council. The list shall be reviewed periodically by the Director and Commission and shall be kept on file in the Director's office.

(Ord. CS 992, § 1, 2-12-2018)

The City's master plan sets forth the City's policies and guidelines for planting and maintenance programs for the care and protection of its trees. The Director and Commission shall periodically update and make revisions and amendments to the plan, subject to City Council approval. This plan shall include the, species, sizes, and locations of street trees to be planted.

(Ord. CS 992, § 1, 2-12-2018)

A. The City Manager is responsible for the administration of this chapter, but may delegate the duties and decision making authority to the appropriate staff personnel. The City has the authority and responsibility to maintain street trees, but may delegate the responsibility to other agencies if required under specific circumstances (e.g., utility pruning and removals).

B. Interference with City Manager. No person shall interfere with or delay authorized representatives of the City from the execution and enforcement of this chapter.

C. Any person who violates any condition or provision of this chapter shall be subject to the imposition of penalties as set forth in the schedule below. Subsequent violations of this chapter shall be assessed on a case-by-case scenario and additional penalties may be imposed. The Director has the discretion to waive any penalties imposed.

The fine schedule shall be updated at a minimum of once every ten years, or with each ordinance update if more frequent, to adjust for inflation.

(Ord. CS 992, § 1, 2-12-2018)

A. Street trees shall be required as a condition of approval of any land subdivision or site plan. The tree species planted at any given location within the City shall be in accordance with the master plan and adopted maintenance and planting standards. Needed right-of-way or easements to accommodate street tree planting shall be dedicated as a condition of issuance of the building permit or other approval to develop.

B. Street trees shall be required when any person applies for a building permit for any construction. Upon a determination by the City that street trees are to be removed, or that adequate street trees do not exist, the person shall be required to plant new street trees.

(Ord. CS 992, § 1, 2-12-2018)

Fees will be charged to offset the cost of furnishing, locating, planting, and fertilizing of street trees, as set by resolution of the City Council.

(Ord. CS 992, § 1, 2-12-2018)

A. Whenever a public hearing is required as part of this chapter, the following procedures shall be followed. A public hearing notice shall be sent to all property owners within 300 feet of the project site and the notice shall be published in a newspaper of general circulation no fewer than ten days prior to the public hearing.

B. Any decision by the Commission may be appealed to the City Council by filing a written notice of appeal with the City Clerk within five calendar days from the date of the decision. Any decision by the City Council to hear said appeal shall be subject to the public hearing procedures stated above.

(Ord. CS 992, § 1, 2-12-2018)

A. Before any new construction takes place, a tree protection plan (TPP) must be written by a certified arborist, submitted to, and approved by the Director or his/her designee to identify the impacts of the construction project on the existing trees. The Director or his/her designee will review all development plans for tree protection.

B. Any proposed construction project which requires the removal of any street tree or City-owned tree pursuant to the TPP requires a public hearing. The notice shall give separate notice of the tree(s) subject to removal. The Commission shall make the decision to prevent the removal of the tree(s) or require the replacement of trees.

C. Driveway Construction. The City may approve the removal of a street tree to accommodate driveway construction if there is no acceptable design alternative which would save the tree. If approved, the property owner must first deposit with the City an amount deemed by City staff to be sufficient to replace said tree, determined by the tree's trunk diameter. This may include one or more 15-gallon replants, one or more 24-inch box replants, paying into a City Parks and Tree Fund, or some combination of the aforementioned, as determined on a per tree basis.

D. House Moving. If a tree cannot be saved pursuant to the TPP, a property owner may remove a street tree to allow a house to be moved on or off the lot or adjacent lot.

Prior to removing said tree, the property owner shall deposit a sum with the City sufficient to replace the tree determined by the tree's trunk diameter. This may include one or more 15-gallon replants, one or more 24-inch box replants, paying into a City Parks and Tree Fund, or some combination of the aforementioned, as determined on a per tree basis.

E. Solar Installation. If a property owner chooses to install solar and one or more tree(s) on their property obstructs sunlight, the tree may be removed.

If a city-maintained tree will shade more than ten percent of a new installation, the owner may apply for removal of the tree. For private trees that will shade more than ten percent of a new installation that are located on a neighboring property, resolution may be discussed with the neighboring property owner. Resolution may include removal of the tree, thinning, reducing, or other pruning that allows sun to reach the panels but does not compromise the health or safety of the tree. If no resolution can be reached, the existing tree shall remain, as trees that exist prior to the installation of solar panels are exempt from the Solar Shade Act.

Prior to tree removal, the property owner who plans to install solar shall deposit a sum with the City sufficient to replace the tree, determined by the tree's trunk diameter. This may include one or more 15-gallon replants, one or more 24-inch box replants, paying into a City Parks and Tree Fund, or some combination of the aforementioned, as determined on a per tree basis. If the tree is on the solar installer's property, this will be retained by the City. If the tree is located on the neighboring property, it will be given to the neighboring owner for tree replanting.

Trees shall not be planted in a location that will shade more than ten percent existing solar installations.

All actions will be taken in accordance with the State of California's Solar Rights Act and Solar Shade Act.

F. Developer Responsibility to maintain trees in a new subdivision. It will be the responsibility of the developer to ensure the trees in a new subdivision are properly maintained for one year from planting, including, but not limited to, ensuring the trees receive required water sufficient to meet their needs, and any pruning or other maintenance. If a tree dies within the first year of planting, it will be replaced at the cost of the developer.

(Ord. CS 992, § 1, 2-12-2018)

Only the Director or designee shall cut, trim, prune, spray, brace, plant, move, remove, or replace any City-owned tree, except as provided in this section.

A. City street tree maintenance will be provided in areas that are within public rights-of-way or public planting easements in the City, but not otherwise on privately owned property.

B. Property owners shall be responsible for adequately watering trees in parkways or other public property immediately adjacent to the private property. The property owner may be required to install an irrigation system as a condition of issuance of a building permit or other development approval.

C. The Director shall have the authority to require the property owner to take necessary action to control insects, scales, parasites, fungus, and other damaging pests, or plant material that could severely injure street trees or any other plant material within the City. The City shall notify the property owner, in writing, describing the conditions and stating the control necessary to correct the condition, and establishing a reasonable time within which the corrective steps shall be taken.

D. The Director shall have the authority to require property owners to remove or prune any privately planted tree, shrub, or vine or other plant material if it is determined by the Director to be seriously interfering with the growth and health of any street tree, unless the private property plant material preceded the street tree or has a higher contribution value.

E. Street trees shall be kept trimmed to eight feet above the public right-of-way easement and 14 feet six inches above the street. Trees will also be maintained in a manner that allows for the proper clearance of streetlights in order to maximize their effectiveness. Trimming of any street tree in violation of the public sidewalk, street right-of-way, or streetlight clearance requirements, or otherwise deemed a traffic or pedestrian hazard by the Director, shall be the responsibility of the City if located in the public right-of-way. If the tree causing the obstruction is located on private property, the property owner shall be responsible for the maintenance of the tree. If, within ten days of written notification, the hazardous situation has not been abated, the Director shall cause the work to be done and billed to the property owner or landscape maintenance district.

(Ord. CS 992, § 1, 2-12-2018)

A. Any person who intends to perform work on or otherwise modify a street tree shall apply to the Director for a permit. The application shall explain the work to be done, the number, species, and location of trees to be affected, and any other pertinent information to assist the Director in understanding the scope of the project. If approved, the Director shall issue the permit. This permit shall be valid for 90 days. Once the work is completed, the permit must be resubmitted to the City for inspection. Any maintenance performed that is not in accordance with adopted maintenance and planting standards may be subject to the imposition of penalties as set forth in the fine schedule in Section 12.32.040 above. If no work is performed within 90 days of the permit issuance, the applicant must repeat the permitting process. If it is determined that a permit is not necessary, the Director may waive the requirement for a permit to be issued.

B. The Director, after review by the Community Development Department and the Engineering Department, may issue comprehensive permits to any public utility. If a permit is denied, a written denial shall be given to the applicant stating the reasons for the denial, and a copy of the denial shall be provided to the Commission, City Engineer, and the Community Development Director.

Any work undertaken by the permittee or his/her agent may be stopped immediately and the permit may be revoked by presentation of a written order of revocation of the permit by the Director when the Director observes or suspects the work or conditions outlined in the permit are not being complied with.

(Ord. CS 992, § 1, 2-12-2018)

A. It shall be unlawful for any person to break, injure, deface, mutilate, kill, or destroy any tree in any public place in the City; to knowingly cause or permit any wire charged with electricity to come into contact with any tree in any public place, and to place, apply, attach, or keep attached to any such tree or to any guard or stake in a manner that will be injurious to the tree, or install any wire, rope, sign, paint, or other substance, structure, or device of any kind or nature whatsoever; and to place or maintain any stone, cement, or other substance so that it shall substantially impede the free access of water or air to the roots of any street tree. Temporary exceptions can be made between Thanksgiving and January 15th for the mounting of seasonal holiday lights. These lights must be mounted so that the bark and cambium layer of the tree is not breached (no nails, lights must be mounted with adequate slack). Owners of property are hereby granted the right to place and maintain plants in the planting area of streets adjacent to their property unless otherwise prohibited by this chapter.

B. During the erection, repair, alteration, removal or moving of any building, house, or structure, sufficient tree protection measures shall be placed to prevent injury, damage, or defacement to any park or street tree in the vicinity of such operation.

(Ord. CS 992, § 1, 2-12-2018)

No City-owned tree or street tree shall be trimmed or removed, except in conformance with the terms of this chapter.

A. The director shall be responsible for inspection, maintenance, removal, and replacement of those specific street trees planted within rights-of-way or easements which are maintained by the City as stated in the master plan, Section IV and as follows. The property owner will be given five working days to appeal the designated action. The appeal will be considered at the next regularly scheduled Commission meeting. The Commission's decision may be appealed to the City Council.

B. If a homeowner would like to expedite the removal of the City-owned tree in front of their house that meets the removal criteria, they may notify the City. When the owner receives the City's approval, the tree may be removed at the owner's expense. No reimbursement will be provided by the City.

C. The stump for any removed tree will be ground within one month of removal in order to allow for future tree planting.

(Ord. CS 992, § 1, 2-12-2018)

Dead City trees may be removed after providing 24 hours' notice to the property owner.

(Ord. CS 992, § 1, 2-12-2018)

Notwithstanding any other provision hereof, the City shall remove any street tree or City owned tree posing an immediate hazard to health, life, or property without complying with any notice or hearing procedures. For the purpose of this section, "hazardous tree" shall mean a tree that is in danger of falling or creating a situation that is an immediate hazard to health, life, or property.

(Ord. CS 992, § 1, 2-12-2018)

In some instances, a City-owned tree may cause problems to public improvements, to private property, or the tree may have an otherwise problematic characteristic that presents a hazard to public health or safety, or threatens the City's tree population. The City, or a property owner, may file a request to remove a City-owned tree with the Director. The request will be accompanied by a predetermined fee (established by a City Council resolution and available upon request). The decision to remove an objectionable tree shall be considered by the Commission and may be appealed to the City Council at a public hearing, pursuant to Section 12.32.070.

The Director shall prepare a written report to the Commission, with recommendations, only after the Director has evaluated the tree and considered the following criteria:

A. The condition of the tree, with respect to its general health, or status, as a host for a plant pest or disease endangering other species of trees or plants;

B. The number, species, size, and location of existing trees in the area and the effect of the requested action on shade area, air pollution, historic value, scenic beauty, and the general welfare of the City as a whole;

C. If the tree is causing potential safety problems, the Director shall determine if maintenance alternatives can be feasibly employed to save the tree. The alternatives shall include, but not be limited to, replacing sewer or water laterals, root trimming, sidewalk and/or curb and gutter replacement, or the maintenance practices that may be dictated;

D. The request is necessary to allow reasonable enjoyment of property (e.g. view obstruction);

E. Removal of tree will not violate the intent or spirit of the tree master plan.

F. If the tree is an invasive species.

G. Where a property owner desires to pay and remove a tree which is not on the approved list, they may do this if they pay for an approved quantity of 15-gallon trees, 24-inch box trees, pay into the City's Parks and Landscape Fund, or an appropriate combination of the aforementioned, to replace the removed tree.

A final decision of the Commission may be appealed to the City Council. If the request had been initiated by a property owner and approval is granted, the property owner shall deposit a sum sufficient to remove and replace the tree with a comparable tree.

(Ord. CS 992, § 1, 2-12-2018)

In the event of injury to, or death of a tree caused by a motor vehicle, the responsible driver or the driver's insurance carrier shall be required to purchase and replace the affected tree with one of the same type and size within one year of the date of the motor vehicle accident. If no comparable replacement can be found, the Director shall determine an acceptable substitute, with any difference in value to be paid to the property owner. All replacement values to be based on the CTLA Guide For Plant Appraisal, latest edition.

(Ord. CS 992, § 1, 2-12-2018)

The City has determined that it is in the best interest of the City to replace sewer laterals within all public rights-of-way that have been damaged by City trees, subject to the following procedures:

A. The City shall, at its expense, remove or cause to be removed any tree, located within a public right-of-way, whose roots are determined by the City Engineer to cause stoppage of a sewer lateral on more than one occasion, provided the property owner approves of said removal.

B. The City shall, at its expense, repair and, if necessary, replace any portion or all of the sewer lateral located in any public right-of-way, subject to the following procedure:

1. The property owner or his/her-agent shall initially contact a licensed plumber who will conscientiously attempt to clear the stoppage by standard rodding procedures.

2. If the plumber determines that the stoppage is within the public right-of- way and cannot be unplugged by standard rodding procedures, he shall then contact the City and state the location of the stoppage.

3. The City shall then repair and/or replace that portion or all of the damaged sewer lateral within the public right-of-way, as necessary.

4. In the event that upon exposure of the sewer lateral within the public right-of-way it is determined that the sewer lateral does not need repair or replacement, the property owner shall be billed at the rate of time and materials times 150 percent for the City's work in exposing and recovering the sewer lateral.

(Ord. CS 992, § 1, 2-12-2018)

Nothing in this chapter shall impose liability upon the City or members of the Council, or any of its officials or employees. The owner or occupant of any private property will not be relieved from the duty to keep private property, sidewalks, and rights-of-way abutting such private property in a safe condition, free from hazards to public use.

(Ord. CS 992, § 1, 2-12-2018)

Any person excepting to any denial, suspension or revocation by the Director of a permit applied for or held by him pursuant to the provisions of this chapter, or excepting to any other administrative action taken by the Director or City Manager in administering the provisions of this chapter, may appeal to the City Council in accordance with the procedure prescribed by this chapter.

(Ord. CS 992, § 1, 2-12-2018)