Poway Municipal Code Art. II Planting, Trimming, or Removal of Trees on Public Property or on Public…

No person shall break, deface, destroy, or burn public trees.

(Ord. 521 § 1(B), 2000)

No person, firm, or corporation shall interfere with the Director of Public Services or persons acting under his/her authority while engaged in trimming, planting, mulching, pruning, or removing a public tree or any tree growing on public right-of-way within the City of Poway.

(Ord. 521 § 1(B), 2000)

The topping of public trees is prohibited, unless the failure to top a tree poses a threat to public safety.

(Ord. 521 § 1(B), 2000)

No person shall annually prune public trees from March 15th until June 15th of any given year to protect bird species during the bird mating season.

(Ord. 521 § 1(B), 2000)

All trees planted on public property and on public rights-of-way shall be planted in accordance with the tree-planting standards defined in the adopted “City of Poway Guidelines to Landscape Requirements.” The tree must be planted at a location approved by the Director of Public Services, or his/her designee.

(Ord. 521 § 1(B), 2000)

The Director of Public Services, in cooperation with the Director of Development Services, shall administer the City of Poway’s encroachment permits for trees. A property owner must obtain an encroachment permit to plant a tree on a public right-of-way or City easement. The Director of Development Services is responsible for encroachment permit record keeping.

(Ord. 521 § 1(B), 2000)

A. The Director of Public Services, in cooperation with the Director of Development Services, shall administer the City’s tree removal permit program for trees growing on public property and trees growing on public rights-of-way.

B. No person, including the City, shall remove a public tree or a tree growing on a public right-of-way without first obtaining a tree removal permit issued by the Director of Public Services or his/her designee. The City shall notify the adjoining property owner and occupant 10 days prior to the removal of a tree within the public right-of-way on classified residential streets. The tree removal permit authorizing the removal of a specific tree on public property or on a public right-of-way shall be subject to terms and conditions deemed appropriate by the Director of Public Services or his/her designee. The Director of Public Services shall review each tree removal permit application and make a recommendation as to whether the permit shall be issued or denied. The Director of Development Services is responsible for tree removal permit record keeping.

C. The decision to issue or deny the permit and any terms and conditions of the permit shall be based on the following criteria:

1. The condition of the tree with respect to disease, general health, damage, public nuisance, danger of falling, proximity to existing or proposed structures and interference with utility services, age or remaining life span, and whether or not the tree acts as host for a plant which is parasitic to other species of trees which are in danger of being infested or exterminated by the parasite;

2. The necessity of the requested action to construct improvements, or allow economic or other enjoyment of the property;

3. The topography of the land and the effect of the requested action on erosion, soil retention, water retention, and diversion or increased flow of surface water;

4. The number, species, size, and location of existing trees in the area and the effect of the requested action in terms of providing shade, protection from wind, air pollution reduction, historic or cultural value, and scenic beauty upon the health, safety, aesthetics, and general welfare of the City as a whole;

5. Generally accepted International Society of Arboriculture practices addressing topics such as, but not limited to, the number of healthy trees a given parcel of land will support.

(Ord. 521 § 1(B), 2000)

Any action by the Director of Public Services may be appealed to the Poway Tree Committee. To be effective, an appeal shall be filed within 30 working days after the decision of the Director. The appeal shall be in writing and filed with the Public Services Department. The appeal must clearly specify the reason(s) for which the appeal is requested. The Poway Tree Committee shall have 30 working days to render a decision.

(Ord. 521 § 1(B), 2000)

A. Any person removing a tree from public property or public right-of-way pursuant to a tree removal permit issued by the Director of Public Services or his/her designee may be eligible for reimbursement of a portion of the cost of a replacement tree through the Poway tree trust fund. Replacement trees shall be one of the species on the approved street trees or slope plant materials list contained within the adopted “City of Poway Guidelines for Landscape Requirements.” A property owner must obtain an encroachment permit to plant a replacement tree on public right-of-way.

B. Any person removing a native tree from public property or on public right-of-way pursuant to a tree removal permit issued by the Director of Public Services or his/her designee shall replace such tree on a one-for-one basis with a minimum size 24-inch box specimen tree of the same species as the tree removed. The replacement tree shall be planted at a location approved by the Director of Public Services. Where the native tree to be removed exceeds the size of a 72-inch-box specimen (approximately eight inches in diameter), two 48-inch-box specimen trees shall be used as replacements. These requirements may be waived or modified by the Director of Public Services, if it is determined that the requirements impose an unreasonable hardship. A portion of the cost of the replacement trees may be reimbursed through the Poway tree trust fund.

(Ord. 521 § 1(B), 2000)

A. Property owners having trees or shrubs growing on public rights-of-way shall maintain these trees and shrubs to a reasonable standard of care. Reasonable care ensures that trees and shrubs growing on public rights-of-way do not block pedestrian visibility; do not obstruct street clearance requirements; do not obstruct sidewalk clearance requirements; do not obstruct traffic signals or signs; do not grow into overhead utility lines; and do not allow tree root structures to undermine sidewalks, curbs, gutters, adjacent roadways, and underground utilities such as water and sewer lines.

B. When necessary, residents shall be notified to exercise reasonable tree and landscaping care on public rights-of-way by the Director of Public Services or his/her designee; the affected homeowner shall comply with the order within 30 calendar days of notice. The cost of this required tree trimming shall be that of the homeowner. If the homeowner does not comply, the City will follow the abatement procedures as defined in Chapter 8.72 PMC, “Nuisance Abatement Procedure.”

(Ord. 521 § 1(B), 2000)