Subchapter 5.20 — Public Trees

The General Plan of the Town of Colma recognizes the contribution of trees to the character and beauty of the Town. It is in the best interest of the Town and its residents that trees on public property are properly maintained. This chapter is adopted for the purposes of establishing rules and regulations relating to the planting, care, maintenance, removal, and replacement of such trees.

[History: Adopted by Ord.783, 10/24/18]

Director: Public Works Director and his or her designee.

Maintenance: Acts to promote the life, growth, health, or beauty of trees, shrubs, or plants, including, but not limited to, pruning, trimming, topping, root pruning, spraying, mulching, fertilizing, cultivating, supporting, and treating for disease or injury.

Owner: The fee owner of real property and the person or persons in possession of the real property.

Person: Any person, firm, partnership, association, corporation, company, or organization of any kind.

Public Street: Road or street under the jurisdiction of and maintained by a public authority, such as the Town of Colma, and open to public vehicle, bicycle, pedestrian or other travel.

Public Property: Any property under the jurisdiction of and maintained by a public authority, such as the Town of Colma, and open to public use.

Town Tree: Any tree growing on any Town-owned property, including any tree located on an easement dedicated to the Town where the Town has affirmatively accepted responsibility to maintain such tree(s).

[History: Adopted by Ord.783, 10/24/18]

The Director shall have authority to administer the provisions of this chapter regarding trees planted or growing in public areas within the Town.

[History: Adopted by Ord.783, 10/24/18]

Public Trees Colma Municipal Code

No person shall interfere with or cause or permit any person to interfere with Town employees, contractors or representatives who are engaged in the planting, preserving, maintaining, treating or removing of any tree or plant or related work in the Town.

[History: Adopted by Ord.783, 10/24/18]

(a) It shall be unlawful for any person to plant, remove or alter any tree on public property in the Town without authorization from the Director, except as provided in Section 5.20.070.

(b) Public trees may be removed with approval from the Director in the following
circumstances:

a. If the tree is damaged or destroyed.

b. To protect property or other trees, shrubs or plants from damage or injurious
infection.

c. In the interest of public safety.

(c) The Director shall review and authorize the species, location and spacing of all
plantings on public streets and public property.

[History: Adopted by Ord.783, 10/24/18]

No person shall:

(a) Damage, cut, injure, deface, mutilate, kill or destroy a Town tree.

(b) Cause or permit a fire to burn where the fire or the heat will injure a Town tree.

(c) Place, apply or attach to a Town tree or to the guard or stake intended for the
protection of a Town tree any wire, rope (other than one used to support a young or
broken tree), sign, paint or other substance that may serve to damage or alter the
tree.

[History: Adopted by Ord.783, 10/24/18]

(a) It is the responsibility of the utility companies to maintain trees that interfere with utility wires in accordance with State orders for clearance of trees from electrical utilities. Utility companies performing tree maintenance work done under State orders are exempt from obtaining approval from the Director; provided, however,

Public Trees Colma Municipal Code any such utility company shall provide evidence of existing State orders and notify the Director of when such maintenance will occur at least two weeks prior to undertaking the work. Each utility company doing work in the Town is required to secure an annual encroachment permit.

(b) If emergency conditions such as personal injury or substantial property damage is
imminently threatened, or access to public property or public rights-of-way by
disabled persons prevented, the Chief of Police, City Manager, or City Planner may
authorize the removal of a tree without compliance with other provisions of this
ordinance.

[History: Adopted by Ord.783, 10/24/18]

(a) The Town shall inventory and develop a plan for all Town trees and planting areas in public areas of the Town. All town trees shall be tagged and logged into the Town’s Geographic Information System database.

(b) In accordance with the plan, the Director shall proceed each year to plant trees or
replace trees to the extent of such funds as may be allocated by the City Council for
that purpose.

(c) Where the condition of a tree, or the condition of public improvements adjacent to a
tree make replacement of the tree necessary or desirable, the Director is authorized
to remove such tree and replace it with one in accordance with the Town tree
master plan.

(d) In accordance with the plan, the Director shall establish and implement a five-year
schedule for regular pruning of Town trees maintained by the Town; the allocation
of staff resources, and for establishing a budget for these activities.

[History: Adopted by Ord.783, 10/24/18]

(a) The Director may determine the types and species of trees suitable and desirable for planting and the areas in which and conditions under which such trees shall be planted in public property in the Town. The suitable and desirable plantings that are approved to be planted in Town shall be included in a “master tree list” and it shall be filed in the office of the Town Clerk. The Town may revise or change the master tree list subject to the approval of the Director.

(b) Each tree planted in a public area must be on the master tree list, unless approval is
obtained from the Director to plant a tree not on the list.

(c) The following list is the approved master tree list of the types and species of trees
suitable and desirable for planting within Public Property.

Public Trees Colma Municipal Code

BOTANICAL NAME COMMON NAME Arbutus Marina Strawberry Tree Metodideros excelsus New Zealand Christmas Tree Pyrus kawakamii Evergreen Pear Pyrus calleryana Ornamental Pear Tristania Conferta (Lophostemon) Brisbane Box Tristaniopsis Laurina “Elegant” Water Gum

[History: Adopted by Ord.783, 10/24/18]

The Town has determined that certain species of trees are not desirable due to their susceptibility to disease, short life span, mature size, maintenance schedule, and/or likelihood of damaging existing improvements. The following list is the list of trees that should not be authorized in Town without additional consideration.

BOTANICAL NAME COMMON NAME
Ulmus americana American Elm
Acer saccharinum Silver Maple
Salix babylonica Weeping Willow
Pinus radiata Monterey Pine
Pseudotsuga menziesii Douglas Fir
Acacia mearnsii Black Acacia Tree

[History: Adopted by Ord.783, 10/24/18]

Public Trees Colma Municipal Code

CHAPTER FIVE: PLANNING, ZONING, USE, AND DEVELOPMENT OF LAND AND IMPROVEMENTS