Ione Municipal Code Ch. 8.20 Protection of Tree Stock on Undeveloped Property and Heritage Trees And…

The city has many trees, the preservation of which is beneficial to the health and welfare of the citizens of the city in order to preserve the scenic beauty, prevent soil erosion, protect against flood hazards and the risk of landslides, counteract the pollutants in the air and maintain the climatic balance within the city.

It is the established policy of the state to provide and maintain a high quality environment that at all times is healthful and pleasing to the senses and intellect of man, and that all action necessary be taken to provide the people of the state of California with clean air and water, enjoyment of aesthetic, natural, scenic and historic environmental qualities and freedom from excessive noise. All agencies of the government of the state which regulate the activities of private individuals, corporations and public agencies have been directed to regulate such activities so that major consideration is given to preventing environmental damage.

For these reasons the city council finds it in the public interest, convenience, necessity and welfare to enact regulations controlling the removal of trees within the city in order to retain as many trees as possible consistent with the economic enjoyment of private property.

(Ord. 342 § 1(part), 1994)

As used in this chapter:

"Heritage tree" means (1) Any tree which is 16 inches or more in diameter measured four feet six inches from the ground. The diameter is determined by dividing the circumference by 3.14, or (2) Any tree which is of historical significance, specifically designated by planning commission action, or has taken on an aura of historical appeal, and which is indigenous to this area or has adapted exceptionally well to area climatic conditions.

"Irrigation" means an automatically timed or manual system of pipes, valves, controllers, wiring and sprinkler heads that will provide adequate water to all trees within a project site.

"Park trees" are trees in public parks and all areas owned by the city, or to which the public has free access.

"Street trees" are trees on land lying within property lines on either side of all streets, avenues, ways or alleys within the city.

(Ord. 342 § 1(part), 1994)

A. It is unlawful for any person to remove, or cause to be removed, any heritage tree from any parcel of property in the city without obtaining a permit from the city manager or his or her designee.

B. No such permit shall be required for the removal of a heritage tree determined to be hazardous or dangerous to life or property in emergency situations as determined by any of the following:

1. Chief of police, sergeant;

2. Fire chief;

3. City engineer;

4. Building inspector.

C. No such permit shall be required for the removal of heritage trees, or trimming such trees, by any public utility when such heritage tree is determined by a member of such public utility to create an emergency situation by actually interfering with the safe and efficient operation of the public service provided by such utility.

(Res. 1582 § 2(part), 2007; Ord. 342 § 1(part), 1994)

A. Except as otherwise provided within this chapter, any person desiring to remove one or more heritage trees shall apply to the city manager or his or her designee for a permit. The application for a permit shall be made on forms provided by the city and shall include the number and location of the trees to be removed by types and the reason for the removal of each such tree.

B. The city manager or his or her designee shall review each application and shall determine:

1. The condition of the tree or trees with respect to disease, danger of falling, proximity to existing or proposed structures and interference with utility services based on the presentation of a certified arborist;

2. The necessity to remove the tree or trees in order to construct any proposed improvements to allow economic development of the property;

3. The topography of the land and the effect of the removal of the tree on erosion, soil retention, and diversion or increased flow of surface waters.

Subject to environmental review, the application may be approved, denied, or conditionally approved by the city manager or his or her designee upon consultation with a tree expert; the cost for which shall be borne by the applicant.

C. In reviewing applications, the city manager or his or her designee shall give priority to the removal of trees based on hazard or danger of disease.

(Res. 1582 § 2(part), 2007; Ord. 342 § 1(part), 1994)

Any person proposing to grade or pave around a heritage tree shall first apply to the city manager or his or her designee for a permit. The city manager or his or her designee shall review each application and shall determine, based on the presentation by a certified and/or qualified arborist the cost for which shall be borne by the applicant:

A. The extent or cut or fill in proximity to the tree, wherein damage or death may result to the tree;

B. The limit of any paving in proximity to the tree wherein damage or death may result to the tree.

(Res. 1582 § 2(part), 2007; Ord. 342 § 1(part), 1994)

Removal of any trees having a minimum trunk diameter of six inches measured at 48 inches above adjacent ground level on any undeveloped parcel within the city in anticipation of developing that parcel is strictly prohibited without obtaining a tree removal permit prior to removing trees on undeveloped parcels which they plan to improve.

(Ord. 342 § 1(part), 1994)

A. The city may plant, prune, maintain and remove trees within the public rights-of-way on either side of streets, alleys, avenues, lanes, squares and public grounds within the city as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds.

B. The city or public utility may cause or order to be removed any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, power lines, gas lines, water lines or other public improvements, or is infected with any injurious fungus, insect or other pest. This section does not prohibit the planting of street trees by adjacent property owners providing that the selection and location of such trees is in accordance with this chapter.

(Ord. 342 § 1(part), 1994)

The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with species size classes listed in the resolution on trees to be planted. In no event shall any tree be planted within two feet of any curb, curbline or sidewalk unless deep watered or deep root control barrier is used. All new tree planting shall not obstruct sight distance at intersections.

(Ord. 342 § 1(part), 1994)

Every owner of any tree overhanging any street within the city shall prune the branches so that such branches shall not obstruct the light from any street light or obstruct the view of any street intersection and so that there shall be a clean space of 14 feet six inches above the surface of the street or eight feet above the sidewalk. The owner shall remove all dead, diseased or dangerous trees or broken or decayed limbs which constitute a menace to the safety of the public. The city may prune any tree on private property when it interferes with the proper sight distance or with the proper spread of light along the street from a street light or interferes with visibility of any traffic-control device or sign.

(Ord. 342 § 1(part), 1994)

The city may remove any dead or diseased tree(s) on private property within the city when such tree(s) constitute a hazard to life and property or harbor insect(s) or disease(s) which constitute a threat to other trees within the city. The planning commission will notify in writing, by certified letter, the owner(s) of such tree(s). Removal shall be done by the owner(s) at their own expense within 60 days after the date of service of notice. In the event of failure of owner(s) to comply with such provisions, the city may remove such tree(s) and charge the cost of removal to the owner(s).

(Ord. 342 § 1(part), 1994)

A. All subdivisions and planned development plans filed for tentative approval shall include a tree landscaping plan to be prepared by a qualified landscape person. The plan shall indicate all existing trees to remain and all proposed tree landscaping to be installed after the construction of improvements to the property. Plans shall provide method of protection during construction of all trees to remain subject to approval of the planning commission and shall include a plan of the undeveloped/predeveloped parcels which clearly indicates all trees to be removed.

B. Subdivision plans shall show a minimum of two trees per lot. Owner is required to install street trees of type and size per plans prior to issuance of notice of completion.

C. Once a tree landscaping plan has been approved, no changes shall be permitted in the approved plan without prior review of the planning commission. Developer will be required to install irrigation system to all common areas within his/her subdivision.

(Ord. 342 § 1(part), 1994)

A. All commercial, industrial, parking lot and multifamily residential construction plans shall include tree landscaping and irrigation plans to be prepared by a qualified landscape person. In addition to indicating all proposed tree landscaping to be planted after the improvements are constructed, a plan of the undeveloped/predeveloped parcels will be submitted. This plan shall clearly indicate all trees on the property and provide a method of protection for all trees to be retained. The planning commission shall review the plan. Once the entire plan has been approved by the commission, the approved plan shall constitute a permit to remove any trees so designated.

B. For every tree removed with trunk diameter greater or equal to six inches measured at 48 inches above ground, three trees shall be replaced (minimum 15 gallon, trunk caliper not less than one inch) in public easements and rights-of-way. An approved irrigation system will be required to ensure their survival for the first three years. The city encourages the use of a water-conserving system design and materials and the use of a drip irrigation system where appropriate. Changes in the trees to be removed as designated on any plan as filed and approved shall only be permitted upon approval of the planning commission. Any tree that does not survive or is determined to be diseased within the first three years shall be replaced at the expense of the developer/owner. Every parking lot shall have one tree (minimum trunk caliper not less than one inch) planted for every three parking spaces to achieve a minimum of 50 percent shading of the lot within 15 years, and shall include adequate curb planting areas and an irrigation system to ensure survival of the trees for the first three years. A tree with six-inch minimum trunk diameter measured at 48 inches above the ground not removed equals three trees credit (parking lot only).

(Ord. 342 § 1(part), 1994)

No building permits, site plans, use permits or grading permits for any type of improvements will be issued unless a tree landscaping plan has been approved by the planning commission. R-1a and R-1b lots in existence prior to adoption of the ordinance codified in this chapter are exempt from the provisions of this section.

(Ord. 342 § 1(part), 1994)

The provisions of this chapter shall apply to any owner of any parcel of land in the city proposing to remove a heritage tree in any of the following circumstances:

A. Obtain a building permit for construction of a structure. In case of conflict between the proposed structure location and a heritage tree, all reasonable alternates shall be considered as to structure location prior to removal of a heritage tree or trees;

B. Proposing a lot split;

C. Proposing a subdivision.

The provision of this chapter shall apply to anyone proposing to grade or pave around the perimeter of any heritage tree as defined in this chapter.

(Ord. 342 § 1(part), 1994)

A. Any decision of the city manager or his or her designee pursuant to this chapter may be appealed to the planning commission, and if dissatisfied with the decision of the planning commission, to the city council. Appeals shall be in writing, signed by the appellant, state the reasons the appeal is made, and be filed with the city clerk within ten days of written notification of the decision by city manager or his or her designee, or the planning commission.

B. Any decision of the planning commission pursuant to this chapter may be appealed to the city council, which shall hear the matter and render a final decision. The appeal must be made in writing and be received by the city clerk within ten days of the decision of the planning commission.

(Res. 1582 § 2(part), 2007; Ord. 342 § 1(part), 1994)

Any person found guilty of violating any provisions of this chapter shall be deemed guilty of an infraction.

(Ord. 342 § 1(part), 1994)