Tracy Municipal Code Ch. 7.08 Trees and Shrubbery

For the purpose of this chapter the words and phrases used herein shall have the following meaning:

"Alter" or "alteration" means cutting, trimming, replacing, spraying, mutilating, causing injury to, interfering with the natural growth of, and/or impairing a street tree.

"Crown" means the point at which a plant's roots and top structure join (usually at or near the soil line).

"Director" means depending on the location of the street tree, either the Parks and Community Services Director or the Public Works Director, or their designee. For street trees located in a separately assessed landscape and lighting district, "Director" shall mean the Parks and Community Services Director or his or her designee. For street trees not located in a separately assessed landscape and lighting district, "Director" shall mean the Public Works Director or his or her designee.

"Maintain" or "maintenance," when used in reference to street trees, means 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.

"Parkways Design Manual" means a plan including the detail documents pertaining thereto, as amended from time to time, for the planting of certain varieties of trees in public rights-of-way or planting easements within the City.

"Planting easement" means that portion of land made available as an easement, and/or land that the City owns in fee title, for the purpose of planting and maintaining City Street Trees.

"Private tree" means any tree which has the center of its trunk located on private property when any part of such tree overhangs or touches public property, including, but not limited to, City streets, sidewalks, alleys, rights-of-way, easements, or parks, regardless of the form of ownership of such public property. Shrubs with multiple, or single, trunk(s) are included in this definition of private tree. The Director shall determine whether any specific woody plant shall be considered a private tree. Such determination shall be final and not subject to appeal.

"Right-of-way" means 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.

"Street tree" means any tree that has the center of its trunk at ground level located within the right-of-way or planting easement. Shrubs with multiple, or single, trunk(s) are included in this definition of "street tree." The Director shall determine whether any specific woody plant shall be considered a "street tree." Such determination shall be final and not subject to appeal.

"Street Tree Removal Criteria" means written criteria, as revised from time to time, for the alteration, removal and/or replacement of street trees as part of the urban forest in the City. The Street Tree Removal Criteria shall be prepared by the Director of Parks and Community Services in conjunction with the Director of Public Works and the Department of Development and Engineering Services Director and shall incorporate the guidelines set forth in the Parkways Design Manual for Street Tree selection, planting, and maintenance. A copy of the Street Tree Removal Criteria shall be reproduced on the back of the Application for Street Tree Removal and/or Replacement and shall also be retained in the office of the City Clerk.

(Ord. 1043 § 1 (part), 2002)

The Parks and Community Services Director is authorized to promulgate rules, regulations and policies, including but not limited to the development of and amendments to the Street Tree Removal Criteria, and to administer and implement the provisions of this chapter. The Parks and Community Services Director shall cooperate with the Public Works Director and the Department of Development and Engineering Services Director in promulgating such rules, regulations and policies.

(Ord. 1043 § 1 (part), 2002)

The Director, under the general supervision of the City Manager, shall have the authority and responsibility to do the following:

(a) Carry out the provisions of this chapter;

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

(c) Enter in or upon any part of a right-of-way or planting easement or adjacent property as is reasonably necessary for the purpose of planting and maintaining street trees.

(Ord. 1043 § 1 (part), 2002)

(a) The Director shall be responsible for inspection, maintenance, removal and replacement of street trees planted within rights-of-way or planting easements. The Director may cause street trees or other plant material planted in a right-of-way or planting easement to be removed by the City if deemed by the Director to be unhealthy, hazardous, or causing excessive damage to existing public or private improvements, or other street trees.

(b) 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 it is determined by the Director to be seriously interfering with the growth and health of any street tree.

(c) In the event a property owner desires to remove or alter a street tree located in the right-of way or planting easement abutting his or her property, he or she or his or her authorized agent shall make application to the Parks and Community Services Department. The Parks and Community Services Department shall determine whether the street tree is located in a separately assessed landscape and lighting district and, if not, refer the application to the Director or designee of the Public Works Department.

(d) The applicant shall specify the following in the application to remove or alter the street tree:

(1) The type, size, and condition of the existing tree;

(2) The reason for desiring removal or alteration of the existing tree;

(3) The type, size, and condition of the tree which is to be used as a replacement, if any;

(4) The type of planter which exists and the type which will be used in replacement;

(5) The estimated cost of removing or altering the existing tree, and installation of the new tree, if any, based on licensed contractor and supplier bids.

(6) The proposed schedule for the removal and/or alteration of the existing tree;

(e) If a property owner applies to have a street tree removed, the Director shall determine whether or not such tree is required to be retained pursuant to the guidelines set forth in the Street Tree Removal Criteria. In making his or her determination, the Director shall also consider:

(1) The inconvenience or hardship which retention of the tree would cause the property owner; and

(2) The condition, age, desirability of variety and location of the tree.

(f) If the Director finds that the tree may be removed or altered, he or she may authorize the property owner to remove or alter such tree at his/her own expense and liability if the property owner agrees to indemnify the City against any damage arising out of the Street Tree removal or alteration.

(g) If a permit is granted for removal or alteration of a street tree, all removal or alteration 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.

(h) The Director may condition removal or alteration of the existing tree of a street tree upon a licensed contractor performing the work, such contractor shall be required to carry insurance sufficient to cover all reasonably foreseeable damages as a result of the tree removal and/or alteration and/or replacement. The Director may require the City to be named as an additional insured for such insurance.

(i) Whenever it is deemed necessary by the Director, the Director may require the work specified in said application or any part thereof to be done under the supervision of the Director, and the cost of such supervision shall be borne by the applicant, if so determined by the Director.

(j) The Director may condition removal of a street tree upon the property owner agreeing to maintain the replacement street tree in good condition for a period of two years after the replacement tree is planted.

(k) If the costs of the removal or alteration of a street tree, and any damage to City property or other public property as an incident thereto, could reasonably exceed Seven Hundred Fifty and no/100ths ($750.00) Dollars, then the applicant shall be required to post a bond with the City in such an amount prior to the tree being altered or removed and replaced. Such bond shall be released, less any costs incurred by the City due to the City needing to finish alteration, removal or replacement of the Street Tree or to repair damage to City property caused by same, within thirty (30) days after successful removal and replacement of the applicant's street tree.

(l) All tree stumps removed pursuant to the removal permit shall be removed to a depth specified by the Director.

(m) Before removing or altering any street tree, the applicant must also comply with all applicable encroachment permit requirements as set forth in chapter 7.04 of this Code.

(n) Before removing any street tree pursuant to such removal permit, Underground Service Alert (USA) must be notified by calling 1-(800) 227-2600 at least forty-eight (48) hours before any tree stumps removed pursuant to the removal permit are removed. If USA determines that removal of such tree stump will result in damage to any utility or service, then such tree stump shall not be removed without the Director giving further consent.

(o) All removal or alteration permits shall be void after the expiration of sixty (60) days from the date of issuance, unless extended by the Director.

(p) 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.

(q) 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 planting 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 and its officers and employees shall be exempt from the provisions of this subsection.

(Ord. 1043 § 1 (part), 2002)

(a) It is hereby declared to be unlawful for any person or his or her agent to cut, trim, remove, mutilate, spray, injure or in any way impair any above- or below-ground growth of any tree, shrub, or plant being or growing in or on any street, parking strip, public square, or public park in this City, or cause or permit the same to be done except pursuant to a permit as provided in section 7.08.040 of this chapter.

(b) If a permit from the Director is not obtained, 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 planting 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) Disrupting the anchorage of the tree;

(10) Changing the grade around the tree including raising the level of soil, dirt or other organic or inorganic matter to be higher than the level of the crown of the street tree within eighteen (18″) inches of the street tree.

(Ord. 1043 § 1 (part), 2002)

(a) No maintenance of street trees will be provided by the City in areas not within the City except by special written agreement.

(b) It shall be unlawful for any person to plant any tree, shrub or plant in or upon any street, avenue, parking strip, public square or public park without first having obtained permission therefor from the Director, who shall designate the kind, variety, size and location of the tree, shrub or plant to be planted as aforesaid pursuant to the criteria contained in the Parkways Design Manual.

(c) This section shall not prevent any otherwise authorized 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 this Code. The Director, when reviewing plans for planting, maintenance or removal of street trees, shall consider the effect upon existing overhead wires or underground pipes or conduits and shall avoid unnecessary disturbance to or relocation of said facilities.

(Ord. 1043 § 1 (part), 2002)

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

(b) The Director shall be permitted to inspect any and all maintenance or operational work performed by public utilities that might affect street trees. During the performance of said work, if, in the opinion of the Director, it would cause excessive or unnecessary injury to any street tree, the Director shall have the authority to stop said maintenance and operational work and arrange with said public utility another method of maintenance or operational work satisfactory to the City.

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

(Ord. 1043 § 1 (part), 2002)

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 any duty to keep his/her private property in a safe condition and free from hazards to public use.

(Ord. 1043 § 1 (part), 2002)

Any person violating any provision of this chapter shall be subject to the provisions of chapter 1.16 of this Code, provided however, that nothing in this section shall preclude or limit the City from seeking any manner of judicial relief for violations of this chapter 7.08, including, but not limited to, seeking recovery of the value of any street tree that is damaged or removed. The value of any particular street tree shall be determined by reference to the Street Tree Removal Criteria.

(Ord. 1043 § 1 (part), 2002)

Any person aggrieved by any denial, suspension, or revocation of a permit; fee; decision to remove part or all of any private tree; or objecting to any other administrative action taken by the Director in administering the provisions of this chapter shall have the right to appeal the matter to the City Manager under section 1.12.010.

(Ord. 1111 § 4 Exh. A (part), 2007: Ord. 1043 § 1 (part), 2002)