Trinity County Municipal Code Ch. 13.15 County Managed Trees

This chapter shall be known as the "county managed trees ordinance."

(Ord. 1235 §1(part), 1999)

As used in this chapter:

"Board" means the Trinity County board of supervisors.

"County owned and maintained trees" means trees situated within the county rights-of-way, county owned and managed parks, or other county owned and managed places and facilities within the Weaverville community plan designated areas.

"Large tree" means any tree species which normally attains a full-grown height in excess of fifty feet.

"Medium tree" means any tree species which normally attains a full-grown height of between twenty-six feet and fifty feet.

"Person" means any person, corporation, partnership, company, contracting firm or other entity including those employed under a contract with the county of Trinity.

"Small tree" means any tree species which normally attains a full-grown height of under twenty-six feet.

"Tree topping" means the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree.

"Undesirable tree species" means tree species that has growth, fruiting, or other characteristics that are inappropriate on county lands and/or facilities. Typically undesirable characteristics may include shallow rooting that will displace pavement, sidewalks and other improvements, tall trees that may interfere with overhead utilities, trees that produce strong unpleasant odors or prolific fruit or other undesired characteristic.

(Ord. 1235 §1(part), 1999)

This ordinance provides full power and authority over county owned and maintained trees, and to all trees and shrubs located on county owned and maintained facilities that constitute a hazard or threat as described in this chapter.

(Ord. 1235 §1(part), 1999)

It shall be an infraction of the county code (Title 1, Section 1.20.010) for any person to prevent, delay or interfere with the county or any of its agents while engaging in and about the planting, cultivation, mulching, pruning or removing of any county owned and managed tree, as authorized in this ordinance.

(Ord. 1235 §1(part), 1999)

The community tree advisory committee shall be appointed by the board of supervisors. The committee shall review tree removal and planting needs, provide a long-term tree planting and replacement program and assist the board in pursuing urban forestry grants. The board may designate a member to serve as chairman and authorize the chairman to implement this chapter. The chairman shall determine the appropriate time and place to convene the committee. The chair shall use due diligence in trees managed under this chapter and shall request a full committee meeting when a practice will be outside of the policies contained in this chapter.

The committee members terms shall be four years.

The committee consists of a board of supervisors representative, director of general services, county risk manager, transportation and planning department representatives, CDF forester and entomologist, horticulturist, private consulting forester, Weaverville-Douglas city parks and recreation district, Weaverville architectural committee and interested county owned and managed members as determined by the board.

(Ord. 1235 §1(part), 1999)

The community tree advisory committee, or its designee, is granted the duties and responsibilities to study, investigate, counsel, develop and update annually an administrative written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs, in parks, along streets and road ways, and other county owned and managed areas. Such a plan will be presented every two years to the board and, upon their acceptance and approval, shall constitute the official comprehensive community tree plan. The committee shall also, when requested by the board, consider, investigate, make findings, reports and recommendations upon any special matter of question coming within the scope of its work. Lastly, the committee shall have any other duties as granted to it by the board.

(Ord. 1235 §1(part), 1999)

Any person may plant a tree within the county owned and managed right-of-way immediately adjacent to his property provided the following conditions are met:

A. A proposal shall be submitted at least fifteen days prior to tree planting, stating the type and size of tree to be planted, location and method to water the tree for the first three years. The proposal shall be submitted to the Trinity County planning department.

B. If the tree is proposed to be planted within the Weaverville portion of District II of the architectural review and preservation special treatment zone it shall conform to the requirements of Section 29.5 of the Trinity County Zoning Ordinance (Ord. 315).

C. An encroachment permit is obtained from the Trinity County transportation department, if necessary.

D. The tree to be planted is not an undesirable tree species, as provided in this chapter.

E. The tree location is to be at least twenty feet from the curb of an intersection of a street or road and outside the sight triangle as determined by the Trinity County department of transportation.

F. The tree location is to be at least ten feet from fire hydrants or utility poles.

G. A small tree shall be used when planting under or within the lateral ten feet of overhead utility wires. A small or medium tree is to be used when planting between and within ten or twenty lateral feet of overhead utility wires.

H. The minimum distance between the tree and the edge of the street or road (curbline) is six feet for all county owned and maintained trees unless an exception is granted by the community tree advisory committee and the department of transportation.

I. No tree shall be planted in the street right-of-way between the street curb and the sidewalk, commonly called the utility strip, unless an exception is granted by the community tree advisory committee and the department of transportation.

J. The person planting the tree agrees to maintain the tree after it is planted.

(Ord. 1235 §1(part), 1999)

The tree advisory committee, or its designee, shall prepare a list of trees which have characteristics that make them unacceptable for use as county owned trees and are not allowed for planting as county owned and maintained trees.

Undesirable traits for county owned and managed plantings include disease or insect problems, dirty, dropping branches, objectionable fruit or bark, weak wooded (apt to lose large branches in wind or with age), short lived, unpredictable or irregular habits, root problems (shallow and destructive roots), and unsafe, dangerously thorny or poisonous trees.

(Ord. 1235 §1(part), 1999)

The tree advisory committee, or its designee, shall prepare a list of trees with characteristics which make them acceptable for use as county owned and maintained trees and which are recommended for county owned and maintained trees.

(Ord. 1235 §1(part), 1999)

Topping any county owned and managed tree, without the approval of the community tree advisory committee, or its designee, is prohibited, except when trees have been severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are necessary as determined by the community tree advisory committee, or its designee. An exception to this section is allowed under Section 13.15.140 for county agencies that must maintain trees as part of their normal duties and where an immediate hazard is deemed to exist.

If replacement of large disfigured trees with small trees is possible, the practice is highly encouraged.

(Ord. 1235 §1(part), 1999)

It is unlawful, punishable as an infraction, for the owner or occupant of any lot to permit any tree to grow in a manner which interferes with normal sidewalk traffic located on such lot, or on county owned and managed right-of-way adjoining such lot, or street or road traffic, or that grow so as to pose a threat to the safety of county owned and managed rights-of-way due to obstruction of view, obstruction of passage or any other manner.

Nothing in the foregoing sections shall prohibit the county or its authorized agent(s) from making such alterations in county owned and maintained trees as necessary to protect its reasonable interests.

(Ord. 1235 §1(part), 1999)

No person shall remove, cut above the ground, or disturb any county owned and managed tree without approval of community tree advisory committee, or its designee. An exception to this section is allowed under Section 13.15.140 for county agencies that must maintain trees as part of their normal duties and where an immediate hazard is deemed to exist.

In all cases, the person or agency removing a tree shall comply with the following standards:

A. The area is refilled to ground level with soil, so as to prevent the creation of a hole.

B. The area is reseeded or planted in other appropriate manner.

C. There is no damage done to any property belonging to the county or other third party.

D. The entire removal may be done without danger or inconvenience to the county.

E. It shall specifically be the responsibility of the landowner to insure that the foregoing are complied with. Any violation or damages resulting from improper tree removal shall be prosecuted directly against the landowner.

F. Within the Weaverville portion of District II of the architectural review and preservation special treatment zone (Section 29.5 of the Trinity County Zoning Ordinance, Ord. 315) the historical district advisory committee shall be consulted per the requirements of the zoning ordinance.

(Ord. 1235 §1(part), 1999)

The county shall maintain a list of tree care and removal companies or individuals known to work in Trinity County. This list shall be developed by review of listing in the yellow pages of the local phone book, consultation with the California Department of Forestry, local nursery owners and other reasonable means to identify such companies or individuals. This list shall be made available to interested persons for reference purposes.

(Ord. 1235 §1(part), 1999)

The Trinity County general services department, Trinity County transportation department, and emergency service agencies including: Trinity County PUD, telephone company, sheriff's department, fire department, CDF or others may top or remove, or contract for the topping or removal of, trees without consultation with the community tree advisory committee, where they determine that an immediate hazard exists. Where such action is taken, the agency(s) shall notify the planning department of the action and any necessary follow-up actions.

In areas outside of the historic district, county agencies that must maintain trees as part of their normal duties may top or remove trees without community tree advisory committee permission, provided that they notify the advisory committee at least ten days in advance of such actions. The advisory committee can request an onsite inspection to evaluate the need for topping or removal and can recommend alternative actions for the agency to consider as it deems appropriate.

For nonemergency tree removals within the Weaverville portion of District II of the architectural review and preservation special treatment zone

(Ord. 315, Section 29.5) the historical district advisory committee shall be consulted per the requirements of the zoning ordinance. (Ord. 1235 (part), 1999)

Any person who damages or destroys county owned or maintained trees in the area relevant to this chapter, upon being found guilty, shall be subject to an infraction for each separate offense.

(Ord. 1235 (part), 1999)

The ordinance codified in this chapter shall supersede Trinity County ordinances to the extent that the provisions of this chapter conflict with prior ordinances.

(Ord. 1235 §1(part), 1999)