Modesto Municipal Code Ch. 5 Street Trees

For the purpose of this chapter the words and phrases used herein shall have the following meaning unless the context shows a different meaning:

(a) "Department" shall mean the Public Works Department.

(b) "Director" shall mean the Public Works Director.

(c) "Street Tree Plan" shall mean an official adopted plan for the planting of certain varieties of trees in public rights-of-way or planting easements within the City.

(d) "Official street trees" shall be those specified in the Street Tree Plan.

(e) "Right-of-way" shall mean that portion of the public street right-of-way between the curb, or curb line, and the adjacent property line used for the purpose of planting and maintaining City street trees.

(f) "Planting easement" shall mean that portion of land made available as a public easement for the purpose of planting and maintaining City street trees.

(g) "Maintain" or "maintenance," when used in reference to street trees, shall mean and include pruning, spraying, mulching, fertilizing, cultivating, supporting, treating for disease or injury, promoting public safety, or any other similar act which promotes the life, growth, health or beauty of street trees not to include the control of vertebrate pests.

(h) "Street tree" shall mean any tree whose center of trunk at ground level is within the right-of-way or planting easement.

(Added by Ord. 3071-C.S., § 3, and Ord. 3366-C.S., § 4)

(Ord. 3577-C.S., § 1; Ord. 3633-C.S., § 1, effective 10-1-15)

The Department, in cooperation with the Community and Economic Development Department, shall prepare or have prepared a Street Tree Plan. Such plan, when approved by the City Manager, shall be submitted to the Planning Commission, which shall review said plan and submit its recommendations thereon to the Council. After making any revisions thereto which it may deem advisable, the Council shall adopt such plan by resolution. The Director shall, from time to time, recommend any revisions thereto. Amendments to the plan shall be made in the same manner as the original adoption. The plan shall include the types, varieties, and locations of street trees to be planted in commercial, industrial and neighborhood zones. The types of trees shall be divided into general varieties which may be modified at the discretion of the Director.

(Added by Ord. 3071-C.S., § 3, amended by Ord. 3130-C.S., § 5, and Ord. 3366-C.S., § 4)

(Ord. 3577-C.S., § 1; Ord. 3633-C.S., § 1, effective 10-1-15)

The Director, or his or her designee, shall have the authority and responsibility to do the following:

(a) Carry out the provisions of this chapter.

(b) Remove or replace any tree located within a planting right-of-way or easement, in accordance with the provisions of this chapter.

(c) Enter in or upon any part of a right-of-way or easement or adjacent property, with the permission of the owner, as is reasonably necessary for the purpose of planting and maintaining street trees. If a street tree poses an immediate threat to public safety, the Director, or his or her designee, may enter onto the adjacent property without the permission of the owner, to the extent allowed by law.

(Added by Ord. 3071-C.S., § 3, amended by Ord. 3130-C.S., § 5, and Ord. 3366-C.S., § 4)

(Ord. 3577-C.S., § 1; Ord. 3633-C.S., § 1, effective 10-1-15)

(a) Except as otherwise provided in this section, the subdivider of a subdivision or parcel map shall supply and plant approximately one (1) tree per lot, excepting corner lots, where two (2) or three (3) trees shall be planted.

(b) The City shall maintain street trees in all rights-of-way and planting easements within the City.

(c) The City, by mutual agreement, may provide and plant street trees in subdivisions outside of the City at a fee to be established by resolution of the Council and not be less than that charged within the City.

(d) The City will provide no maintenance of street trees in areas outside of the City, except by special agreement. The City will not provide maintenance of street trees on private property, except in rights-of-way or public planting easements.

(e) The property owner shall be responsible for watering street trees located in a right-of-way or easement abutting his or her property.

(f) This section shall not prevent any person, firm or public utility from installing and maintaining any overhead wires or underground pipes or conduits lawfully on, over or under public streets or public rights-of-way, subject to the provisions and requirements of Chapter 4 of Title 4 of this Code. The Director when reviewing plans for planting, maintenance or removal of street trees and shall consider the effect of such activity on existing overhead wires, underground pipes or conduits and shall avoid unnecessary disturbance to or relocation of said facilities.

(Added by Ord. 3071-C.S., § 3, amended by Ord. 3130-C.S., § 5, and Ord. 3366-C.S., § 4)

(Ord. 3577-C.S., § 1; Ord. 3633-C.S., § 1, effective 10-1-15)

(a) The Director shall be responsible for overseeing the inspection, maintenance, removal and replacement of street trees planted within rights-of-way or easements. The Director may authorize the removal of street trees or other plant material planted in a right-of-way or easement if he or she determines them to be unhealthy, hazardous, undesirable or causing excessive damage to existing public improvements, or street trees.

(b) The Director shall have the authority to require property owners to take such action as is necessary to control insects, scales, parasites, fungus, and other injurious pests or plant material that are present on the individual's property that would cause serious injury to street trees and other plant material within the City. The Director 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.

(c) The Director shall have the authority to require property owners to remove or prune any privately planted tree, shrub, vine, or other plant material if he or she determines it to be seriously interfering with the growth and health of any street tree.

(d) In the event a property owner desires to remove a tree from the right-of-way or easement abutting his/her property, the property owner or his/her authorized agent shall submit an application to the Department's Solid Waste Division. The Director shall determine whether or not such tree is required to be retained in order to preserve the intent and purpose of the Street Tree Plan. In making his or her determination, the Director shall consider the inconvenience or hardship which retention of the tree would cause the property owner, and also the condition, age, desirability of variety and location of the tree. If the Director finds that the tree may be removed without violating the intent and spirit of the Street Tree Plan, he or she may authorize the property owner to remove such tree at the property owner's own expense and liability. If a permit is granted for removal of a street tree, all removal work shall be completed within sixty (60) days from the date of issuance of the permit, and shall be under the general supervision of, and in accordance with, rules established by the Director. All tree stumps shall be removed to a depth specified by the Director. All removal permits shall be void after the expiration of sixty (60) days from the date of issuance, unless extended by the Director.

(Added by Ord. 3071-C.S., § 3, amended by Ord. 3130-C.S., § 5, and Ord. 3366-C.S., § 4)

(Ord. 3577-C.S., § 1; Ord. 3633-C.S., § 1, effective 10-1-15)

(a) No person shall remove, trim, prune, spray, or cut any above- or below-ground portions of any street tree in a right-of-way or easement without first obtaining permission from the Director.

(b) No person shall interfere or cause any person to interfere with any work being done under the provisions of this chapter by any employee of the City, or by any person or firm doing work for the City or under a permit granted by the City.

(c) No person shall interfere or cause anyone to interfere with or damage any overhead wires or underground pipes or conduits while removing, trimming, pruning, spraying, or cutting any street trees in a right-of-way or easement. The owner of such facilities shall be notified when such work may interfere with or cause damage to the facilities. The cost of repair of the damage to overhead wires, underground pipes or conduits shall be the responsibility of the person, firm or corporation doing or causing the work to be done. The City of Modesto and its officers and employees shall be exempt from the provisions of this subsection.

(d) No person shall pour concrete (driveway, patios, walkways or other types of concrete pours) on private property less than six (6) feet from the center of any existing city tree in any direction, unless otherwise approved by the Director.

(e) It shall be unlawful for any person to injure or destroy by any means any tree planted or maintained by the City in rights-of-way or easements, including, but not limited to, the following:

(1) Constructing a concrete sidewalk or driveway or otherwise filling up the ground around any street tree so as to shut off air or water from its roots.

(2) Piling building materials, equipment, or other substance around any tree.

(3) Pouring any deleterious material on any tree or on the ground near any tree.

(4) Posting any sign, poster, notice, or other object on any tree, tree stake or guard, or fastening any guy wire, cable, rope, nails, screws, or other device to any tree, tree stake or guard.

(5) Causing or encouraging any fire or burning near or around any tree.

(6) Using any mechanical weeding device against a tree.

(7) Constructing retaining walls, fences, or other similar improvements which prohibit the planting or maintaining of street trees or otherwise affect their growth.

(8) Operating construction equipment in such a manner to cause it to contact the tree.

(9) Disrupt the anchorage of the tree or change the grade around the tree.

(10) No person shall plant a tree or other plant material in a right-of-way or easement other than grass or other similar planting materials, unless approved by the Director, in consultation with the City Arborist.

(Added by Ord. 3071-C.S., § 3, amended by Ord. 3130-C.S., § 5, and Ord. 3366-C.S., § 4)

(Ord. 3577-C.S., § 1; Ord. 3633-C.S., § 1, effective 10-1-15)

Notwithstanding other provisions of this chapter, it is hereby made the duty of every person owning or occupying any land within the City to keep all private trees extending over any street or alley trimmed up to a height of not less than twelve (12) feet, except that a height of not less than seven (7) feet shall be permitted over the sidewalk area. Such persons are also responsible for keeping the street, alley and sidewalk space clear of debris.

(Added by Ord. 3071-C.S., § 3)

(Ord. 3577-C.S., § 1; Ord. 3633-C.S., § 1, effective 10-1-15)

(a) Any public utility maintaining any overhead wires or underground pipes or conduits shall obtain permission from the Director before performing any maintenance to wires, pipes, or conduits, if the maintenance would cause injury to street trees. A public utility shall in no way injure, deface, prune, or scar any street tree until its plans and procedures have been approved by the Director.

(b) Any public utility performing work which might affect street trees shall permit the Director or his or her designee to inspect any and all maintenance or operational work performed by the public utility. If the Director believes that a public utility's work would cause excessive or unnecessary injury to any street tree, the Director shall have the authority to stop the maintenance and operational work. The public utility shall arrange with the Director another method of maintenance or operational work satisfactory to the Director.

(c) The provisions of subsections (b) and (c) of this section shall not apply to emergency public utility maintenance work which is performed during nonworking hours for City personnel.

(Added by Ord. 3071-C.S., § 3, amended by Ord. 3130-C.S., § 5, and Ord. 3366-C.S., § 4)

(Ord. 3577-C.S., § 1; Ord. 3633-C.S., § 1, effective 10-1-15)

Nothing in this chapter shall impose any liability upon the City, or members of the Council, or any of its officials or employees, nor relieve the owner or occupant of any private property from the duty to keep his private property, sidewalks, and rights-of-way abutting such private property in a safe condition, free from hazards to public use.

(Added by Ord. 3071-C.S., § 3)

(Ord. 3577-C.S., § 1; Ord. 3633-C.S., § 1, effective 10-1-15)

Any person may appeal any administrative action taken by the Director pursuant to the provisions of this chapter, including the denial, suspension or revocation of a permit applied for or issued pursuant to this chapter, to the Council. Such an appeal shall be taken in accordance with the procedure prescribed by Chapter 4 of Title 1 of this Code.

(Added by Ord. 3071-C.S., § 3, amended by Ord. 3130-C.S., § 5, and Ord. 3366-C.S., § 4)

(Ord. 3577-C.S., § 1; Ord. 3633-C.S., § 1, effective 10-1-15)