Tulare Municipal Code Ch. 8.32 Street Trees

It is hereby declared that in order to promote the best interests of the city and its citizens, there be established a comprehensive program for the installation, maintenance and preservation of street trees and selected other trees within the city. This chapter provides regulations necessary to govern the installation, maintenance and preservation of street trees as a means to achieve the following objectives:

(A) To enhance property values;

(B) To reduce street noise, glare and heat;

(C) To purify the air by reducing dust and other air contaminants;

(D) To provide shade and wind protection;

(E) To screen unsightly objects and scenes;

(F) To keep the city’s streets free from dead, unhealthy and hazardous trees;

(G) To beautify and provide a pleasing, restful, healthful environment; and

(H) To preserve trees with historic or unusual value for the inhabitants of this city.

(1995 Code, § 8.32.010) (Ord. 08-12, passed 7-15-2008)

Except as otherwise provided in this section, the words and phrases used in this chapter shall have the same meaning as described thereto, unless from the context hereof it clearly appears that a different meaning is intended.

CROWN DRIPLINE. A vertical line extending from the outermost branch tips of the tree to the ground.

DEPARTMENT. The Parks, Library and Recreation Department.

DIRECTOR. The Community Development Director or designee.

MAINTAIN or MAINTENANCE. When used in reference to street trees shall mean and include pruning, spraying, mulching, watering, fertilizing, cultivating, supporting, treating for disease or injury and promoting the health or beauty of street trees.

MASTER TREE LIST. Those trees as specified in the Street Tree Plan that are permitted along parkways and planting easements.

PARKWAY or PLANTING STRIP. That portion of public property available for planting between the street curb, or curb alignment, and the abutting private property line.

PERSON. Individuals, associations, corporations, public agencies, joint ventures, partnerships, independent contractors and other agents and employees thereof.

PLANTING EASEMENT. That portion of land made available as a public easement for the purpose of planting and maintaining city street trees.

PRESERVATION. Acts to promote the life, growth, health or beauty of trees, shrubs or plants, including, but not limited to pruning, trimming, root pruning, spraying, mulching, watering, fertilizing, cultivating, supporting and treating for disease or injury.

STREET TREE. Any tree whose center of trunk at ground level is within the parkway or planting easement.

STREET TREE PLAN. A comprehensive plan of policies and objectives regulating street trees in the city formulated by the Parks and Recreation Commission.

TREE WELL. A cavity of specific shape, construction and dimension per standard plans and specifications of the City and designed to facilitate the planting and maintenance of a street tree.

(1995 Code, § 8.32.020) (Ord. 14-05, passed 10-21-2014; Ord. 08-12, passed 7-15-2008; Ord. 03-1915, passed - -2003)

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 and/or replace, or cause the removal and/or replacement of, any tree located within a parkway or planting strip, 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 as is reasonably necessary for the purpose of planting and maintaining street trees; and

(D) Oversee the planting, maintenance and removal of street trees in any public way or place.

(1995 Code, § 8.32.040) (Ord. 08-12, passed 7-15-2008)

The Director is authorized to formulate a street tree plan. Such plan shall consist of regulations pertaining to the installation, maintenance, preservation and removal of street trees. Such plan shall include a master tree list noting the trees permissible in the parkways of the city. The Director is authorized to amend, modify and add to such plan, from time to time, upon recommendation of the Parks and Recreation Commission.

(1995 Code, § 8.32.050) (Ord. 14-05, passed 10-21-2014; Ord. 08-12, passed 7-15-2008)

(A) It shall be the duty of all owners, agents, tenants or other persons having possession or control of real property within the city to properly cultivate, care for, and maintain all street trees, shrubs and plants, planted or set out within any parkway, planting strip or planting easement located immediately adjacent to the real property under their possession or control.

(B) All damage to any owner’s real property, including any improvements thereon, or to sewer laterals or water service lines or meters, by any parkway tree shall be the responsibility of the property owner having the duty to cultivate, care for and maintain the parkway tree as described above.

(C) The Director shall have the authority to require a property owner to take such action as is necessary to control insects, parasites, fungus and other injurious pests or plant material that would cause serious injury to street trees or other plant material. The Director shall notify the property owner in writing describing the conditions and stating the control necessary to correct the condition establishing a reasonable time in which the corrective step(s) should be taken.

(D) The Director shall have the authority to require property owners to remove any privately planted tree not in accordance with the street tree plan, or 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.

(1995 Code, §8.32.060) (Ord. 08-12, passed 7-15-2008)

(A) No person shall remove or cut any street trees in the planting strip or planting 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 the 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 division.

(D) 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 within five feet of the outside of the trunk at ground level of any street tree so as to shut off air or water from its roots;

(2) Piling building materials, equipment or other substances on non-paved areas within the “crown dripline” of any street tree;

(3) Pouring any deleterious material on any tree or on the ground within the crown dripline of any street tree;

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

(5) Causing or encouraging any fire or burning within the crown dripline of any street tree;

(6) Using any mechanical weeding device against a street tree;

(7) Constructing retaining walls, fences or other similar improvements which prohibit the planting or maintaining of street trees;

(8) Operating construction equipment in such a manner as to cause it to contact the street tree; and

(9) Disrupting the anchorage of the tree or changing the grade within the crown dripline of any tree.

(E) No person shall plant a tree or other plant material in a right-of-way or easement other than lawn or other similar planting materials, unless approved by the Director.

(1995 Code, § 8.32.070) (Ord. 08-12, passed 7-15-2008)

(A) Notwithstanding other provisions of this chapter to the contrary, it is hereby the duty of the adjacent property owner to keep that portion of every tree extending over any street or alley trimmed to a height of at least 14 feet, and that portion of every tree extending over the sidewalk shall be trimmed to a height of at least ten feet. The sidewalk area beneath any tree, and tree canopy, is to be kept free of all debris.

(B) In addition, for properties located on corners, it shall be the duty of the property owner to keep trees and shrubs trimmed back to provide a clear line of sight for drivers, bicyclists and pedestrians.

(1995 Code, § 8.32.080) (Ord. 08-12, passed 7-15-2008)

The location and spacing of street trees is subject to the approval of the Director.

(A) In the interest of public safety, trees shall be located not less than:

(1) Thirty feet from the end of the curb return at any intersection;

(2) Ten feet from any fire hydrant;

(3) Ten feet from the edge of any drive approach; and

(4) Five feet from any point on the ground which is the surface of any trench lines for underground utilities servicing private or public property.

(B) Spacing standards in residential property shall be as follows:

(1) Fifty feet for trees with an eventual height of 40 feet or more;

(2) Thirty-five feet for trees with an eventual height of 35 feet or less;

(3) Twenty-five feet from light standards for trees with an eventual height of 40 feet or more; and

(4) Eighteen feet from light standards for trees with an eventual height of 35 feet or less.

(1995 Code, § 8.32.090) (Ord. 08-12, passed 7-15-2008)

(A) No tree, plant or shrub shall be planted or located in or upon any public right-of-way without a permit therefor having first been issued by the Director. The permit shall not require the payment of any application fee or other cost to the applicant and will only be issued if it is found that the proposed planting or placing is in accordance with the Street Tree Plan.

(B) Any tree, shrub or plant, planted within any parkway or planting easement without written permit of the Director may be removed by the Director. The Director shall notify the adjoining and abutting property owner(s) in writing, listing the unlawfully planted tree(s), shrub(s) or plant(s), ordering their removal, and establishing a reasonable time within which removal shall be accomplished. In the event the removal is not accomplished within the time specified, the Director is authorized to remove the tree(s), shrub(s) or plant(s) and the cost thereof shall be assessed to the property owner. The charge assessed the property owner shall be equal to the cost of labor (including overhead), equipment and materials.

(1995 Code, § 8.32.100) (Ord. 08-12, passed 7-15-2008)

(A) The Director may cause street trees or other plant material planted in a parkway or easement to be removed by the city if they are deemed by the Director to be unhealthy, hazardous, undesirable or causing excessive damage to existing public improvements or street trees.

(B) Any property owner desiring to remove a tree from the parkway or easement abutting his or her property shall make application to the Department. The Director shall determine whether or not the tree is required to be retained in order to preserve the intent and purpose of the Street Tree Plan. In making a determination, the Director shall consider the inconvenience or hardship which retention of the tree would cause the property owner, and consider also the condition, age, desirability of tree species and location. If the Director finds that the tree may be removed without violating the intent and spirit of the Street Tree Plan, the property owner may be authorized to remove such tree at the property owner’s own expense and liability providing that any trees removed shall be replaced by street trees in that location or elsewhere in the city as approved by the Director. Any replacement shall be made based upon evaluation by the Director of the condition of the site to determine whether replacement is warranted. If a permit is granted for removal of a street tree, all removal work shall be completed within 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 null and void after the expiration of 60 days from the date of issuance, unless extended by the Director or designee.

(C) In determining whether a tree may be removed and replaced, the Director shall consider, among other things, the following:

(1) Whether the tree or trees pose a potential for safety problems despite a sound maintenance program;

(2) Whether the roots from adjacent parkway trees are interfering with sewer lines

servicing the abutting property to the extent that the property owner requires frequent repair of said sewer lines;

(3) Whether the tree is dead, dying or incurably diseased;

(4) Whether the tree is diseased and weakened by age, storm, fire or other injuries so as to pose a danger to persons, property, improvements or other trees;

(5) Whether the tree is of an undesirable species;

(6) Whether the tree poses a hardship to the adjacent property owner such as, but not limited to, the cracking or raising of a garage floor or, in the case of a handicapped person, special circumstances exist which cause the location of the tree to become a hindrance for vehicle, and handicapped access; and

(7) Whether removal is necessary for construction of a street widening or other public improvement project, or necessary street or public improvement repair work.

(1995 Code, § 8.32.110) (Ord. 08-12, passed 7-15-2008)

All tree work in public parkways, whether by the city, abutting property owner, contractor, nurseryman or individual, shall be done in accordance with the city improvement standards and standard specifications and standards of practice as established by resolution of the City Council, from time to time.

(1995 Code, § 8.32.120) (Ord. 08-12, passed 7-15-2008)

It is the intent of the City of Tulare that certain desirable street trees, bearing unique characteristics, and certain designated “heritage trees” be preserved even if the desirable or heritage trees are damaging adjacent pavement and property. Efforts to preserve such trees shall be made using one or more of the following procedures, giving due consideration to the site conditions of the tree:

(A) The use of gravel or packed decomposed granite or rubber sidewalk in place of concrete or asphalt paving over tree roots;

(B) The realignment of the sidewalk and curb around a problem root area; and

(C) Root pruning combined with installation of root control devices, and pavement restoration, to the extent the city has funds available to undertake such a project.

(D) All heritage trees require a pruning permit or removal permit from the department before any work may begin.

(1995 Code, § 8.32.130) (Ord. 08-12, passed 7-15-2008)

(A) Any tree growing upon public property which is to be removed for construction purposes shall be replaced, if site conditions permit, in accordance with the city’s tree planting policy. If the Director determines that a tree can be replaced, the person causing its removal shall, at their own expense, remove and replace such tree with a tree, or trees, at a location and of a size, number and species to be determined by the Director.

(B) Any tree growing upon public property near any excavation, construction or street work shall be sufficiently guarded and protected by those responsible for such work so as to prevent any injury to the tree. No person shall excavate any ditches, tunnels or trenches, or install pavement within a radius of four feet from any street tree without written permission of the Director.

(C) Whenever any parkway is paved, openings at intervals and sizes determined jointly by the City Engineer and the Recreation, Parks and Library Director shall be left unpaved, the openings plumbed for bubblers from the adjacent development, and trees planted in a manner acceptable to the Director.

(1995 Code, § 8.32.140) (Ord. 08-12, passed 7-15-2008; Ord. 03-1915, passed --2003)

Tree wells in full width sidewalks are desired along major arterials and collectors. Street trees shall be installed pursuant to the following guidelines:

(A) An improvement agreement between the city and developer or abutting property owner shall include provisions for the installation of tree wells and irrigation in sidewalks abutting the affected property and the planting of an approved street tree;

(B) The subdivider, developer or owner shall pay the city a fee per street tree to be planted in each required tree well. The fee shall be determined on an annual basis by resolution of the Council and shall cover and include the cost of the requisite tree or trees, tree stake(s), soil amendment, root barrier, and irrigation, and will cover, the cost of installation by city forces or by parties under contract with the city, should that be necessary, and an administrative processing fee;

(C) All fees collected pursuant to this section shall be deposited in the Street Tree Trust Account as is described in this chapter and, upon completion of the improvements to the subject parcel or parcels, the unused portion of the fee paid by the owner, developer or subdivider, shall be returned following a satisfactory inspection by the department and a request from the owner, developer, or subdivider. Fees not requested within one year of project completion shall remain in the Street Tree Trust Account to be used for tree planting elsewhere in the city at the discretion of the Director;

(D) All street trees planted shall be of the species identified in the approved city street tree list;

(E) All trees shall be 15-gallon container size and shall include a root barrier and two stakes pursuant to city improvement standards;

(F) Spacing of the trees shall be determined on a case by case basis, but generally will be 35 feet apart in accordance with city spacing requirements; and

(G) Developer shall provide ongoing tree maintenance in these designated tree wells except as otherwise provided in this chapter.

(1995 Code, § 8.32.150) (Ord. 08-12, passed 7-15-2008)

(A) Root barriers shall be required in all street tree planting installations in tree wells and in new residential subdivisions and individual residential lots, whether new or existing, when street trees are installed in their parkways.

(B) Root barriers shall be installed pursuant to city improvement standards.

(1995 Code, § 8.32.160) (Ord. 08-12, passed 7-15-2008)

Prior to the approval of a new residential subdivision in the city, the subdivider or developer shall obtain the approval, by the Director or designee, as to the number and size of parkway trees inside the new subdivision as well as outside the subdivision walls. The locations and spacing standards for new subdivisions shall be approved by the Director or designee and the subdivider’s or developer's plans shall provide for the planting of a maximum of two street trees for each residential unit of the subdivision, except for corner residential units which shall require a maximum of four trees per unit. The trees planted pursuant to this section shall be taken from fifteen-gallon containers and be staked according to city standards. Approval of the tree installation by the Director or designee shall be a condition for occupancy of the residential unit or units. All trees planted pursuant to this section shall be of a species approved by the Parks and Recreation Commission.

(1995 Code, § 8.32.170) (Ord. 14-05, passed 10-21-2014; Ord. 08-12, passed 7-15-2008)

(A) In all cases of street tree planting pursuant to § 8.32.170, and in all cases of street tree planting on individual residential lots, the subdivider, developer or owner shall pay the city a fee per street tree. This fee shall be determined on an annual basis by resolution of the Council. This fee shall include the cost of the requisite tree or trees, tree stake(s), soil amendment, root barrier and irrigation. The fee will cover, in part, the cost of installation by city forces or by parties under contract with the city, a maintenance fee for the interim period from planting until occupancy of the residential unit, and an administrative processing fee.

(B) There is hereby created a “Street Tree Trust Account” within the city for disbursement of funds necessary for the administration of this chapter, as well as to plant and maintain trees pursuant to § 8.32.170. All fees collected pursuant to this section shall be deposited in the Street Tree Trust Account. Upon completion of the subdivision or the individual residential lot, and following a satisfactory inspection by the department and a request from the owner, developer, or subdivider, the unused portion of the fee paid shall be returned. Fees not requested within one year of project completion shall remain in the Street Tree Trust Account to be used for tree planting elsewhere in the city at the discretion of the Director.

(1995 Code, § 8.32.180) (Ord. 08-12, passed 7-15-2008)

(A) The Director and various city departments and agencies shall cooperate in the enforcement and fulfillment of the provisions of this chapter. The cooperation includes, but is not limited to, the provisions of this section.

(B) The Director of Public Works, the City Engineer, and the Planning Director, or their designee(s), shall notify the Director of any permits issued for new improvements which might require the removal of, or cause injury to, any street tree, or interference with the fulfillment of the street tree plan.

(1995 Code, § 8.32.190) (Ord. 08-12, passed 7-15-2008)

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

(1995 Code, § 8.32.200) (Ord. 08-12, passed 7-15-2008)

The decision of the Director may be appealed by any person aggrieved by the decision. The appeal shall be in writing, signed by the applicant with a statement of reasons supporting the appeal. The appeal shall be filed with the Parks and Recreation Commission not later than the thirtieth day following the decision being appealed. The Parks and Recreation Commission shall hear the appeal and render an opinion within 30 days. Any person excepting to any decision rendered by the Parks and Recreation Commission may appeal to the Council, in writing, within 30 days of the date of mailing of the decision to the appellant.

(1995 Code, § 8.32.210) (Ord. 14-05, passed 10-21-2014; Ord. 08-12, passed 7-15-2008)

(A) Any person who violates any provisions of this chapter, which are declared to be unlawful, shall be guilty of a misdemeanor, subject to a penalty of imprisonment in the County Jail not exceeding six months, or by a fine not to exceed $500 for each violation, or both. Notwithstanding the classification of a violation of this chapter as a misdemeanor, at the time an action is commenced to enforce the provisions of this chapter, the trial court, upon recommendation of the prosecuting attorney, may reduce the charged offense from a misdemeanor to an infraction.

(B) Any person convicted of an infraction under this chapter shall be punished by:

(1) A fine not exceeding $50 for a first violation;

(2) A fine not exceeding $100 for the second violation of this chapter within one year; and

(3) A fine not exceeding $250 for each additional violation of this chapter within one year.

(1995 Code, § 8.32.220) (Ord. 08-12, passed 7-15-2008)