Rohnert Park Municipal Code Ch. 12.24 Public Tree Care

The city council finds and declares that trees contribute greatly to the health, safety and general welfare of all of Rohnert Park's citizens and that the preservation and proper maintenance of trees is a matter of city wide concern. The city council recognizes and finds that trees provide great aesthetic benefits, offer windbreaks, provide summer shade, help abate noise, provide privacy screening, help control erosion, act as filters against airborne pollutants, release oxygen, and provide habitat for wildlife. All trees perform these functions for the property on which they are growing. Trees of significant size and maturity perform these functions for all persons living in their vicinity. Trees are key elements in a living system, the boundaries of which do not conform to the arbitrary property lines of individual lots and parcels, upon which the continued health and welfare of this community depends. In addition, trees in the community and in neighborhoods provide a sense of identity and tradition and enhance property values.

(Ord. 537 § 1, 1991)

For the purposes of this chapter, the following words and phrases shall have the meanings set forth below.

A. "Alter" means to take an action that could foreseeably diminish the health or vigor of a tree. "Alter" includes, but is not limited to, excessive or improper pruning of a tree, grade changes around or near a tree, excessive irrigation of a tree, and trenching in the root zone of a tree. The term "alter" does not include periodic trimming, shaping, thinning or pruning of a tree to preserve or protect its health, growth or appearance, in accordance with accepted arboricultural standards and practices.

B. "Park" means all public parks having individual names.

C. "Person" means any individual, group of individuals, partnership, corporation, association, company or organization of any kind.

D. "Property line" means the outer edge or boundary line of a property.

E. "Public places" means all grounds owned by the city of Rohnert Park.

F. "Relocate" means to relocate a tree from the place where it is growing and replanting it in another location in accordance with accepted arboricultural practices and with the intent and a reasonable expectation that it will survive and grow in the new location.

G. "Remove" means the cutting down of a tree or the relocation of a tree in a manner not in accordance with accepted arboricultural practices.

H. "Street tree" means any tree having a single trunk circumference greater than six and twenty-five one hundredths inches or a diameter greater than two inches, a height of more than six feet, and one half or more of its trunk is within a public right of way or within five feet of the paved portion of a city street or a public sidewalk.

I. "Tree" means any woody plant having a single trunk circumference of twelve and one half inches or more, or a diameter of four inches or more or a combination of multiple trunks having a total circumference of twenty-five and twenty-five one hundredths inches or more, or a total diameter of eight inches or more.

J. "Tree maintenance" means the spraying, fertilizing, preserving, pruning, removing, cutting above ground, or otherwise disturbing any tree.

(Ord. 537 § 1, 1991)

The director of public works is hereby designated the responsibility of development and implementing an annual community forestry program.

(Ord. 537 § 1, 1991)

The director of public works shall prepare a list of trees which may be planted within the planting strip adjacent to city streets or within five feet of the paved portion of a city street or a public sidewalk. A planting strip, as used in this section, is the open soil area that may exist between the curb and a sidewalk. The list of permitted street trees may be amended from time to time and may also specify minimum distances that shall be maintained between the various kinds of trees listed.

(Ord. 537 § 1, 1991)

A. Any person desiring to plant, engage in tree maintenance, alter, remove, or relocate any street tree or any tree located on public places shall apply in writing to the director of public works to do so. The application shall state the number, identity, and location of each tree sought to be planted, maintained, altered, removed, or relocated; shall contain a statement of the reason(s) the permit is requested; and shall contain such other pertinent information as the director of public works may require. The application may also include documentation of any type, including written recommendations from a certified arborist concerning the health, quality and desirability of alternatives to the tree or trees in question.

B. Property owners fronting along the proposed area of the tree planting, removals, or replacements will be notified.

C. Upon receipt of an application, the director of public works may make a determination as to the acceptability of the requested tree planting, maintenance, alteration, removal, or relocation including an analysis of:

1. The overall condition of the tree, including any diseases and pests that may or have attacked it, the tree's projected lifespan, the area the tree would hit if it, or any substantial part of it, were to fall, its symmetry and aesthetics, its proximity to existing structures, and any interference it may or has caused with underground or overhead utility lines.

2. The topography of land and the effect the tree may have on possible erosion or soil retention problems or on decreasing the flow or diversion of surface waters.

3. The number, species, size, and location of other existing trees in the area and the effect the requested action will have on shade areas, air pollution, historic values, scenic beauty, and the general welfare of the city.

4. Whether the request is supported by good urban forestry practices and standards such as, but not limited to, the number of healthy trees that a given parcel of land will support.

D. Prior to making a determination on the application, the director of public works may inspect the tree(s) sought to be planted, maintained, altered, removed, or relocated. The director of public works may also refer the application to another department, board, commission or committee of the city, as deemed appropriate, and may cause such additional investigation to be made deemed necessary in order to make an informed decision on the application.

E. If the director of public works approves an application to plant, maintain, alter, remove, or relocate a street tree or a tree located on public places, written notification shall be sent to the applicant.

F. The provisions of this section shall not apply if the trimming, removal, or clearing of any street tree or its branches or roots eliminates:

1. Interference with the lines of any public utility, city water, sewer, or storm drain lines, or open storm drain channels;

2. Interference with any city streets, sidewalks, curbs and gutters, parks, or public activities;

3. A public nuisance; or

4. Interference with the maintenance of adequate lines of sight along city streets, and entrances to such streets, including lines of sight of vehicles and pedestrians to traffic control signs and signals.

(Ord. 769 § 3, 2007: Ord. 537 § 1, 1991)

The provisions of this chapter shall be effective thirty days from and after the date of its adoption and publication or posting as required by law.

(Ord. 537 § 1, 1991)

If any section, subsection, sentence, clause, or phrase of this chapter is, for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the chapter.

(Ord. 537 § 1, 1991)