Purpose: To give the ordinance a brief descriptive title.
This ordinance shall be known as the San Francisco Urban Forestry Ordinance.
[San Francisco Public Works Code Article 16 Section 8001
Purpose: To set forth the reasons the local government finds it necessary to adopt an ordinance.
Notes: This section is frequently used to present a list of benefits provided by trees and justify the local government's interest in protecting the tree resource. Findings from the evaluation of "what you have" (see Part 1) might also be included in this section.
Information obtained from a City survey of trees indicated a decline
in the number of certain species of trees located on private property.
[City of Carmel-by-the-Sea Ordinance No. 89-18)
Purpose: To set forth the goals to be achieved through the ordinance.
Notes: In this section, you should clearly state the goals you hope to achieve by enacting the ordinance. As noted in Part 1, it is useful to establish goals which are quantifiable in some way. However, this approach has not been taken in most existing ordinances. The example text is derived from the goals discussed in Part 1.
This ordinance establishes policies, regulations, and standards necessary
to ensure that the city will continue to realize the benefits provided
by its urban forest. The provisions of this ordinance are enacted
to:
A. Establish and maintain the maximum amount of tree cover on public
and private lands in the city;
B. Maintain city trees in a healthy and non-hazardous condition through
good arboricultural practices;
C Establish and maintain appropriate diversity in tree species and
age classes to provide a stable and sustainable urban forest.
[Example code by the authors]
Purpose: To define key words which are to be used in the ordinance.
Notes: It should become clear which terms require a definition as the ordinance is drafted. Communities have found it necessary to define what they mean by such words as "tree", "street tree", to prune", "Director", "damage", "parkway" and many others. Sometimes a useful technique, illustrated in the example text, is to include in the definition what is not covered by the term.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
'!Alter" means to take action by cutting or pruning any tree, or by
filling, surfacing, grading, compacting or changing the drainage pattern
of the soil around any tree in a manner that threatens to diminish the
vigor of the tree; provided that, as used in this chapter, the term "alter"
does not include.-
1. Normal seasonal trimming, shaping, thinning or pruning of a tree
necessary to its health and growth;...
[Fairfax Town Code Section 8.28.0201
5. Determination of definitions
Purpose: To establish an authority responsible for interpreting definitions.
Notes: The application of many provisions may hinge on the definitions
of key terms. This provision reduces the chance that ordinance enforcement
could be challenged on the basis of specific definitions.
In any case, the city forester shall have the right to determine
whether any specific woody plant shall be considered a tree or a shrub.
Such determination shall be final and not subject to appeal
(Carmel-By-The-Sea City Code Section 12.28.0401
6. Jurisdiction
Purpose: To set forth the jurisdiction of the local government over
certain groups or classes of trees.
Notes: The example is typical of street tree ordinances. Some
cities claim jurisdiction over trees on private property under certain
situations as well.
The City of Carpinteria shall have control of all street trees, shrubs,
and other plantings now or hereafter in any street, park, public tight-of-way
or easement, or other public place within the City limits, and shall have
the power to plant, care for, maintain, remove, and replace such trees,
shrubs and other plantings.
[Carpinteria City Code Section 12.28.020]
Purpose: To set guidelines for carrying out ordinance provisions.
Notes: Whereas a goal is a statement of what you hope to achieve, a policy sets forth guiding principles to be followed in trying to achieve the goals. Stated policies may be helpful in interpreting and implementing ordinance provisions.
It shall be the policy of the City to maximize the planting of trees
alongside the streets of the city..
[Alhambra City Code Section 14.08.004BI
C. It is the policy of the city to line its streets with trees and to conduct a consistent and adequate program for maintaining and preserving these trees..
D. It is the policy of the city to encourage new tree planting on public
and private property and to cultivate a flourishing urban forest.
[San Luis Obispo City Code Section 12.24.010]
Street tree plantings shall first be considered from the standpoint
of the people using or passing along the streets and in terms of the broader
community benefit. Of secondary consideration is the benefit, embellishment,
or enhancement of the properties abutting the street.
[Carpinteria City Code Section 12.28.070]
8. Local government disclaims liability
Purpose: To avoid accepting liability for any personal injury or property damage caused by trees on private property.
Notes: Legal counsel should be consulted for an expert opinion on the
drafting and validity of such clauses.
A provision of this nature is usually included if a local government
claims the authority to abate hazardous trees or regulate tree pruning
and removal on private property. The first example is typical of
such provisions in street tree ordinances.
Nothing contained in this section shall be deemed to impose any liability
upon the city, its officers or employees, nor to relieve the owner of any
private property from the duty to keep any tree, shrub or plant upon any
street tree area on his property or under his control in such condition
as to prevent it from constituting a hazard or an impediment to travel
or vision upon any street, park; pleasure ground, boulevard, alley or public
place within the city.
[Patterson City Code Section 12.13.160]
Thousand Oaks, which has an ordinance that regulates the removal of oak trees on private property, has a similar clause.
Nothing in this ordinance or within the Oak Tree Preservation and Protection
Guidelines shall be deemed to impose any liability for damages or a duty
of care and maintenance upon the City or upon any of its officers or employees.
The person in possession of public property or the owner of any private
property shall have a duty to keep the oak trees upon the property and
under their control in a safe, healthy condition. Except as provided
in Section 5-14.04(b), any person who feels a tree located on property
possessed, owned or controlled by them is a danger to the safety of themselves,
others or structural improvements on-site or off-site shall have an obligation
to secure the area around the tree or support the tree, as appropriate
to safeguard both persons and improvements from harm.
[Thousand Oaks City Code Section 5-14.07]
9. Interference with planting, maintenance, and removal unlawful
Purpose: To prohibit interference with persons involved in tree related activities who are acting in their official capacity on behalf of the local government.
Notes: This provision may be unnecessary if other portions of code restrict interference with public employees acting in their official capacities.
No person, firm or corporation shall interfere with the director of public works or persons acting under his authority while engaged in planting, mulching, pruning, ..., or removing any tree, shrub or plant in any street, .... or public place within the City...
[Bakersfield City Code Section 12.40.070]
10. Appeals
Purpose: To establish a procedure whereby decisions of the tree program
manager can be appealed.
Key elements:
-Types of decisions subject to appeal
-Procedure for filing appeals
-Time limitations for appeals and responses to appeals
-Requirement to suspend actions during the appeal process
-Hierarchical sequence of appeals
-Rules governing the hearing process, unless provided for elsewhere
Notes: The appeal process provides a check against the authority of the tree program manager. However, it is important that decisions by appeal bodies be based on the ordinance and established policies rather than political pressure.
Any action of the director of recreation and parks may be appealed to
and heard by the recreation and parks commission. To be effective,
an appeal must be filed within ten (10) days after the decision of the
director. The appeal shall be in writing and shall be filed with
the director for placement on the commission's agenda. The appeal
shall clearly specify the reasons for which a healing is requested.
After a hearing, the recreation and parks commission shall render its decision,
which shall be final unless appealed to the city council. To be effective,
an appeal to the city council must be in writing, state the reasons for
the appeal, and must be filed with the city clerk within ten (10) days
after notice of the decision of the recreation and parks commission is
mailed to the applicant. The decision of the city council shall be
final.
[Santa Maria City Code Section 27-13]
... Such heating on appeal shall be de novo, and the appeals board shall
be guided by the criteria and standards, and shall make findings in relation
thereto, as are required for the issuance of a permit in the first instance..
[Town of Paradise Municipal Code Section 8.12.1 1 OB]
...Action under any permit, the issuance of which has been appealed,
shall be suspended pending final decision of the city council on the appeal..
[Newark City Code Section 8.16.060]
Purpose: To establish penalties for violating provisions of the ordinance.
Key elements:
-Legal categorization of violations
-Specific penalties, if not provided for elsewhere
-Legal means for stopping and correcting situations which constitute
violations
Notes: The responsibility for enforcement of the ordinance should be designated as described in provision 15. Certain provisions may carry additional penalties. If this is the case, additional language such as "Except as provided for elsewhere in this ordinance...", should be inserted to reflect this.
(a) Violation of any section of this chapter shall be a basis for injunctive
relief.
(b) Violation of any section of this chapter shall be an infraction.
[Santa Maria City Code Section 27-15]
Any person, partnership, firm, corporation or other legal entity who violates any provision of this chapter is guilty of a misdemeanor punishable by a fine of not more than one thousand dollars, or by imprisonment in the county jail for a period not exceeding six months, or both such fine and imprisonment. All such violations which are of a continuing nature shall constitute a separate offense for each day of such continuance. Any violation of this chapter shall also constitute a public nuisance and may be enjoined and abated as provided by law.
[Court Madera City Code Section 15.50.080]
The following penalty clause from Santa Rosa's draft tree
protection ordinance uses a different tactic to obtain compliance during
development and construction. Such a penalty would have little deterrent
value if the violation was discovered after project completion.
The owner or occupant of any property on which a violation of the Provisions
of this Chapter was committed, if such violation was committed by the owner
or a lawful occupant thereof, or committed with the permission or approval
of either such person, shall be denied, for a period of two years from
the date of the City's discovery of such violation, any approval or permit
issued by the City for the development or further improvement of such property.
Prohibited approvals or permits shall include, but not be limited to, conditional
use permits, variances, and building or demolition permits. The provisions
of this Chapter shall not apply to any approval or permit which is needed
or required to maintain the health or safety of those occupying existing
improvements on the property.
[Santa Rosa draft ordinance]
Purpose: To designate the position responsible for enforcing the ordinance.
Notes: The authority designated to enforce the ordinance should
always be indicated. However, a separate enforcement provision
may not be necessary if the responsibility for ordinance enforcement is
specified under provision 15 below. It is normally preferable to vest enforcement
authority with the tree program manager.
The Public Works Administrator is hereby charged with the responsibility
for the enforcement of
this ordinance and may serve notice to any person in violation thereof
or institute legal proceedings as may be required, and the City Attorney
is hereby authorized to institute
appropriate proceedings to that end.
[City of Lemoore Ordinance 8610 Section 10-1.12]
13. Performance
evaluation of ordinance.
Purpose: To provide for evaluation of the success of ordinance provisions.
Key elements:
-Position responsible for evaluation and reporting (unless specified
in provision 15)
-Actions required in case of unsatisfactory performance
Notes: Perfection is seldom achieved on the first attempt. As noted in Part 1, the management planning process is incomplete without review, evaluation, and revision. One way to ensure that evaluation does occur is by including a provision that mandates a periodic performance evaluation of the ordinance. in addition to evaluation, this provision should establish a mechanism for revision of the ordinance if goals are not being achieved.
The tree program manager shall collect and maintain all records and
data necessary to objectively evaluate whether progress is being made toward
the stated goals of this ordinance. An annual summary and analysis
of the evaluation, and recommendations for action shall be prepared at
the direction of the tree program manager and presented to the City Council.
The City Council shall consider the report and recommendations and take
all actions deemed necessary to accomplish the goals of this ordinance.
These actions may include, but are not limited to, revision or amendment
of this ordinance or the adoption of other resolutions or ordinances.
[Example code by the authors]
14. Severability
Purpose: To prevent the whole ordinance from becoming invalid if any part of it is declared invalid by the courts.
Notes: This provision is included in many ordinances as a matter of course. It is probably unnecessary to include in very short ordinances.
Should any part or provision of this ordinance be declared by a court
of competent jurisdiction to be invalid, the same shall not affect the
validity of the ordinance as a whole or any part thereof other than the
part held to be invalid.
[Town of Atherton Ordinance 444 Section 7]
15. Designate
administrative responsibilities
Purpose: To assign responsibility and authority for implementation and enforcement of the ordinance.
Key elements:
-Position(s) responsible for implementing provisions of the ordinance
-Responsibilities assigned to each position
-Confirmation of authority necessary to carry out specified duties
Notes: A provision to designate responsibility for ordinance implementation
is a basic requirement of any tree ordinance. This provision can
also be used to help accomplish any of the specific urban forestry
management goals, since it assigns the responsibility and authority for
management activities.
Although it is preferable to centralize tree management under the tree
program manager, other municipal departments or a citizen tree advisory
board may have complementary responsibilities. Listing the responsibilities
of all parties involved in the tree management program in one section makes
it easier to avoid conflicting or overlapping responsibilities.
Tree program manager
As the lead position for the management of municipal tree resources,
the tree program manager should be vested with the authority necessary
to carry out his or her many responsibilities. The actual list of
responsibilities will vary with each community, but may include:
-developing and updating the comprehensive management plan; -implementing
a monitoring program to evaluate whether goals are being met;
-directing municipal tree care operations, including planting, maintenance,
and removal;
-preparing the municipal tree care budget; -seeking funding from state,
federal, or other granting agencies; -evaluating and approving permits
for activities that may affect trees;
-conducting community outreach and education programs;
-enforcing ordinance provisions.
The tree program manager should have the expertise necessary to carry
out the many complex duties of the position. Minimum qualifications
for this position can also be specified in this section.
In the first example, the Director of Public Works serves as the community
forester. In this example, responsibility may exceed authority to
some degree.
The director of public works shall, by use of city employees or private
contractors, plant, maintain and otherwise care for, or if necessary remove
trees in any public place in the city. The responsibilities of the
director of public works shall include but not be limited to, the following.-
I ' Prepare an annual program for free planting and tree care in publicplaces
of the City;
2.Recommend to the board of directors changes or additions to the Master
Street Tree Plan;
3.Develop maintenance standards as they relate to street trees in publicplaces;
4.Inspect the planting, maintenance and removal of all trees in publicplaces;
5.Make detet7nination of tree removals inpublicplaces; 6 Review all
landscaping plans as they affect trees in public places; and
Z Act as advisor to the Design Committee of the City.
[City of Pasadena Ordinance 5454 Chapter 8.52.030]
A more specific link between responsibility and authority is seen
in the second example.
The Director of Planning and Community Development, under the general
supervision of the City Manager, shall have the authority and responsibility
to do the following.-
1.Administer and enforce the provisions of this Chapter..
[City of Ceres Municipal Code Section 12.16. 1 00]
In the third example, responsibilities for monitoring and reporting on the tree program are clearly stated.
The Park Superintendent shall prepare and maintain all necessary maps,
plans, and records relating to the various functions carried on under this
chapter.
The Park Superintendent shall report to the Council annually on the
work and activities car7,ied on under the provisions of this Chapter..
[City of San Buenaventura C4 Code Section 84131
Throughout this document, we have emphasized the importance of a well-informed and supportive populace to the community forestry program. The responsibility for conducting a public education program may be assigned either to the tree program manager or the tree commission. In either case, the provision should state the overall goals of the education/outreach program, as in this example.
Public Education. The Division shall undertake an on-goingprogram
of public outreach and education in order to promote public understanding
of the City's urban forest and public adherence to the standards andprocedures
established under this ordinance.
[San Francisco Public Works Code Section 804h]
Tree advisory board
In many communities, the tree advisory board or commission is instrumental
in evaluating needs, setting goals, and establishing policy for the community
forestry program. The tree advisory board may also hear appeals of
decisions made by the tree program manager.
In small communities, the tree advisory board may act in lieu of a
tree program manager, performing many of the administrative functions listed
above. However, as an appointed body, the tree board is not normally
in a position to enforce the tree ordinance on a day-to-day basis.
In such situations, enforcement responsibility should be assigned to a
municipal staff position (see provision 12).
The duties of the Tree Committee shall be as follows:
1.To study the problems and determine the needs of the City in connection
with its tree program.
2.To recommend to the City Council the type and kind of trees to be
planted upon such City streets orparts of City streets, parks, or public
places.
3.To assist the properly constituted officials of the City, as well
as the Council and citizens of the City, in the dissemination of news and
information regarding the protection, maintenance, removal, and planting
of trees on public lands, and to make such recommendations from time to
time to the City Council as to desirable legislation concerning the tree
program and activities for the City.
[La Palma City Ordinance No. 89-07 Section 4B]
Ordinance provisions for specific goals
Provisions consistent with the nine urban forestry management goals
discussed in Part 1 (page 12) and listed in the table on page 19 are presented
below. Provisions should be selected based on whether they are appropriate
to your community and consistent with your management goals. Basic
provisions necessary to complete the ordinance are presented beginning
on page 20.
On the left side of the page is an explanation of the purpose of each
ordinance provision, a list of its key elements, and notes on its use and
implications. Example text for the ordinance provision is shown on
the right side of the page and is taken, wherever possible, from ordinances
presently in use in California. Example text is provided for illustration,
and may need to be modified or replaced with language that is suited to
meet local needs.
16. Establish a tree board or commission
Purpose: To establish a citizen advisory board, commission, or committee.
Key elements:
-Composition of the board
-Rules which govern the board
-Responsibilities and authority (if not defined in provision 1 5)
Notes: Tree boards provide a means to involve the public in urban forestry management. Tree boards can promote new and existing tree programs by motivating both local government and the public to support urban forest management. Typical functions of the tree board are described in provision 15 above, and will vary with the community. Sometimes city staff members are included on the tree board.
There is hereby created a City Tree Advisory Board which shall consist
of five members ... The members shall be lay citizens and others with established
professional competence in a pertinent discipline, and the following characteristics
or attributes may serve as guidelines in making appointments to the Board.-
1. Members of the public interested in trees as a major component of
Carpinteria's physical and aesthetic environment.
2. Arborists, ornamental horticulturists, and landscape architects
and designers, or those with a technical background in a related field.
At least two members of the Board shall have such a professional background...
[Carpinteria City Code Section 12.28.080]
There shall be a beautification or tree commission in the city consisting of 7 members, appointed by the mayor, subject to approval of the city council. Their terms of office shall be 3 years and until their successors are appointed and qualified.. The members shall serve without compensation, but all necessary expenses shall be paid by appropriate council action.
The city council may remove any appointed member of said commission from office prior to the expiration of their term, with or without cause by an affirmative vote of not less than three-fifths of the members of the city council. Vacancies on the commission, shall be filled by appointment by the mayor, subject to approval of the city council.
The commission shall hold regular meetings at least once each mont/4 and may hold such addition meetings as it deems necessary. A majority of the commission shall constitute a quorum for the purpose of transacting the business of the commission. The commission shal4 as soon as practical after the time of the annual appointment of a member to the commissiot4 elect a chairman, vice-chairman, and a secretary thereof..
The secretary of the commission shall keep a record of all proceedings,
resolutions, findings, determinations and transactions of the commission,
which records shall be a public recorc4 and a copy of which record shall
be filed with the city clerk as clerk of the city council..
[Burlingame City Code Chapter 3.28]
17. Specify cooperation between departments and agencies
Purpose: To require cooperation between municipal departments in matters pertaining to tree resources.
Key elements:
-List of activities that require consultation between departments -Responsibilities
of municipal departments to coordinate activities
Notes: Even with a single designated authority for the urban forest program, it may be helpful to explicitly require that departments and agencies communicate and cooperate in operations that can affect trees.
A. The Public Works Department shall notify the Parks and Recreation Department of any applications for new curb, gutter, sidewalks or driveway installations, or other improvements which might require the removal of or cause injury to any street tree, or interfere with the fulfillment of the street tree plan.
B. Any public utility maintaining any overhead wires or underground
pipes or conduits shall obtain permission from the Director before performing
any maintenance work on the wires, pipes, or conduits which would cause
injury to street trees. The 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..
[Modesto City Code Section 12-5.08]
In order to provide for coordination and the maximum feasible use of all public lands, areas and funds, plans and specifications for city street and public area planting proposed by the landscape supervisor shall be submitted to the city engineer, traffic engineer, planning director, and where appropriate, special district directors and managers, for their recommendations, and such recommendations shall be made within than days after receipt of such plans and specifications.
To facilitate the planting and maintenance of frees in new subdivisions,
developments, streets and public areas, the planning director shall advise
and cooperate with the landscape supervisor in carrying out the provisions
of this chapter.
[Camarillo City Code 13.12.080]
18. Develop
a comprehensive management plan
Purpose: To develop an integrated management plan for the urban forest.
Key elements:
-Responsibility for developing and updating the comprehensive management
plan (if not defined in provision 15) -Method by which the plan is to be
adopted and revised -List of elements to be included in the plan
Notes: The comprehensive tree management plan is the keystone of any
tree program, because it lays out the framework for tree management in
the community. Much of the work needed to develop the comprehensive
plan will already be completed if the process discussed in Part 1 of this
document has been followed. Throughout the entire management plan
process, public input and public education should be given high priority.
Authority for developing and implementing the plan should be assigned.
Some elements to be considered in the management plan include:
-inventory of existing trees;
-identification of planting sites;
-prioritized planting plan;
-standards for tree selection, siting, planting, and pruning; -scheduled
maintenance for new and established trees; -inspection program for tree-related
problems and hazards; -guidelines for protecting existing trees from construction-related
damage;
-integrated disease and pest management strategies;
-reforestation plans that allow for phased removal and replacement
as trees become a liability; -plans for utilization of waste wood.
Within three years of the adoption of this Ordinance, the Director with
the advice and participation of the Tree Board shall adopt an Urban Forest
Management Plan. The Division thereafter shall use its best efforts
to insure that activities of the Division are guided by such plan. The
plan shall incorporate the following elements:
(a) A clear, concise, and comprehensive Statement of Policies and Objectives
for urban forestry management in the City, which statement is to be developed
by the Director with the advice and participation of the Tree Board through
a process of at least three public hearings;
(b)A designation of proposed urban forestry treatments for major
traffic routes and districts within the City consistent with the City's
Master Plan, together with a program, schedule, and suggested budget for
implementing such treatments;
(c)An inventory of every street tree and any other trees deemed
necessary by the Divisiot4 which inventory shall include, as appropriate,
species, age, conditiot4 maintenance records, names of adjacent
property owners, record of fees and fines, and any other information
necessary or usable in the long-range planning or day-to-day planting and
maintenance of the City's urban forest;
(d)A Street-Tree Renewal Plan, based on an evaluation of species characteristics
and performance as recorded in the inventory, providing for rotational
reforestation of diseased or declining trees and break-u of potentially
problematic monocultures;
(e)A set of Standards for the Divisior4 and the public for street tree
installation, landscape-tree installation, pruning and maintenance, acceptable
tree species and any other standards, criteria, or administrative procedures
deemed necessary to carry out the purposes of this Ordinance and the Urban
Forest Management Plan;
(o A process for continual update and improvement of the Urban Forest
Management Plan elements.
[San Francisco Public Works Code Section 806]
19. Resolution of conflicts between trees and structures
Purpose: To set priorities for solving conflicts between trees and street improvements.
Key elements:
-Priority of trees over street improvements (hardscape) -Responsibility
for approving corrective measures
Notes: Tree-related damage to street improvements is common in many
communities. Unfortunately, the approach in too many cities has been
to remove trees rather than to find a way to deal with street improvements
to save trees. This provision can be used to establish the priority
of trees over hardscape.
individual property owners normally do not have the resources or expertise
to develop satisfactory solutions to tree-hardscape conflicts on their
own. Therefore, the responsibility for correcting conflicts between
trees and street improvements should not be assigned to the property owner.
However, if the conflict results from actions by a property owner which
violate municipal tree planting standards, the city may require the property
owner to bear some or all of the cost of corrective action.
A. When roots o a tree planted within the planting area damage city
curbs, gutters and sidewalks (including driveway ramps), the city shall
be responsible for appropriate corrective measures which are least damaging
to the tree.
[San Luis Obispo City Code Section 12.24.150]
"ere sidewalk or curb damage due to tree roots occurs, every effort
shall be made to correct the problem without removing or damaging the tree.
The city forester shall be responsible for developing or approving corrective
measures in consultation with the city engineer.
[Example code by the authors]
20. Exemption from Solar Shade Control Act
Purpose: To exempt a local jurisdiction from the provisions of the Solar Shade Control Act.
Notes: The Solar Shade Control Act of 1979 (California Public Resources Code Section 25980 et seq.) prohibits shading of solar collectors that results from tree growth occurring after a solar collector is installed. One problem with this law is that trees which are in place before a solar collector is installed may come to be in violation through further growth. Cities and counties may, by majority vote of the governing body, exempt themselves from the provisions of the act.
The city is exempt from the provisions of Chapter 12 (commencing with Public Resources Code section 25980), Division 15 of the Public Resources Code which chapter is known as the Solar Shade Control Act.
[Carmel-By-The-Sea City Code 12.28.050]
21. Responsibilities of property owners
Purpose: To set forth any responsibilities for maintenance of trees, either public or private, assigned to property owners.
Key elements:
-Designation of responsible parties
-Assignment of responsibilities
-Performance standards for maintenance activities
Notes: In many communities, residents are responsible for some types
of tree maintenance, particularly for trees which extend over public rights-of-way.
In such cases, it is the responsibility of the municipal tree program to
provide information on the types of care to be provided and complete instructions
on proper methods. For example, if residents are responsible for
tree trimming to maintain clearance for pedestrian and vehicular traffic,
standards for clearances and information on proper pruning methods should
be readily available to residents.
Even if standards are set and distributed, the municipality may still
have little control over the quality of maintenance performed by residents.
As an alternative, the municipality may simply require residents to notify
the tree program when problems occur, and have work done by municipal crews
or contractors. This allows for greater control over the quality
of tree maintenance.
(a) It shall be the duty and responsibility of all property owners to maintain the grounds of maintenance strips on the owner's property, regardless of whether such property is developed. This maintenance shall include watering as needed and keeping such strips free from weeds or any obstructions contrary to public safety. Property owners shall be responsible for watering mature city street frees whenever landscaping of the property is changed in such a manner as to deprive the tree of its normal source of moisture. Such watering shall be continued during dry weather until the street tree becomes acclimated to the new environment, but need not exceed three years. All watering requirements shall be waived to the extent they are inconsistent with governmental restrictions on water use.
(b) It shall be the duty and responsibility of every person owning or
occupying any real property within the City of Sacramento, to keep all
trees on that property trimmed in such a manner that there is a clearance
of at least fourteen feet above any street or alley, and a clearance of
at least seven feet over any sidewalk It shall also be the duty and responsibility
of every person owning or occupying any real property within the City of
Sacramento to keep all trees on that property trimmed in such a manner
that they do not obstruct the view of any traffic sign or device for vehicle
traffic in the direction controlled by that traffic sign or device.
[Sacramento City Code Section 45.5]
The owner or occupant of any comer lot or premises in the town shall
keep trees, hedges and growth at the comers of intersecting streets, whether
between the curb line and the private lot line, or within the private lot
or premises, so trimmed that the height of the same shall not exceed three
feet above the curb level for a distance of than feet measured horizontally
in any direction from the point of intersection of the property lines at
street comers; provided, that trees whose main trunks are exposed to a
height of seven and one-half feet above the curb need not be so trimmed
or cut.
[Los Gatos Town Code Section 31-15]
The duty is imposed upon a property owner to notify the parks and recreation
department when any tree, palm, shrub or plant in a public street adjacent
to his property is injuring or damaging any public sidewalk...
[Carlsbad City Code Section 11.12.120]
22.
Help for citizens performing tree maintenance
Purpose: To assist citizens in meeting requirements mandated by the
local government.
Key elements:
-Types of assistance to be provided
-Method of applying and qualifying for assistance -Authority charged
with granting assistance
Notes: Some street tree ordinances contain a provision which allows the city to assist citizens with street tree maintenance, if the citizen reimburses the city for the work it performs. The following example is typical of such provisions.
... On application of any person to whom there has been issued a permit
to trim, prune or remove a free from a City right-of-way, the City Engineer
may trim prune or remove such tree described in such permit provided the
cost thereof is paid by the permittee and provided there shall first be
deposited with the City Engineer a sum determined to be the estimated cost
of such work All such deposits shall be placed in a trust fund. Following
completion of the work the City Engineer shall determine the actual cost
of the work and transfer that portion of the deposit to the appropriate
City fund and return the balance to the depositor. Should the original
deposit be insufficient to cover the actual cost of the work the permittee
shall be liable to the City for the unpaid balance and shall promptly pay
such amount to the City upon demand of the City Engineer.
[San Carlos City Code Section 6504]
The City of Visalia's tree ordinance authorizes the Director to require
that citizens hire a professional to trim their oak trees. To offset
this burden, the city provides financial assistance to help low income
residents hire professional tree trimmers. The ordinance creates
a special "Oak Maintenance Fund" to finance the assistance
program. The fund derives its income from fines and penalties
assessed for violations of the tree ordinance.
If the Director determines that a property owner who has submitted a
Notice of Intent to Prune an Oak Tree, cannot properly prune his or her
Oak Tree without the assistance of a professional tree trimmer, and that
said property owner cannot afford to hire a professional tree trimmer because
he or she does not have the financial resources to pay for such services,
the Director may provide financial assistance to said property owner for
the purpose of pruning the tree or trees, if the following conditions are
met.
(a) The property owner uses the property where the tree(s) are located
as his or her principal place of residence;
(b) The aggregate gross income of all persons eighteen (18) years of
age or older residing on the property does not exceed the minimum amount
as may be set from time to time, by resolution of the City Council, pursuant
to this subdivision; and
(c) The Director determines that it is necessary to prune the street
to remove hazardous conditions, remove disease, rot, pests, other harmful
conditions, or promote healthy growth of the tree (s).
Such financial assistance shall include, but not be limited to, low
interest loans, work done by the City with the cost bome in part or in
whole by the property owner, work done by the City with the cost bome by
the City to be repaid by the properly owner upon such terms as the City
and properly owner shall agree, or any combination thereof
[City of Visalia Ordinance Code Section 2349]
Purpose: To prohibit topping of public and private trees.
Key elements:
-Definition of topping, if not included in provision 4 -Classes of
trees covered by the provision
Notes: Topping is the practice of cutting back large diameter branches
of a mature tree to stubs. It is a particularly destructive pruning
practice. it is stressful to mature trees, and may result in reduced vigor,
decline, or even death of the tree. In addition, new branches that
form below the cuts are only weakly attached to the tree, and are in danger
of splitting out. Topped trees require constant maintenance to prevent
this from happening, and it is often impossible to restore the structure
of the tree crown after topping.
Unfortunately, many people believe that topping is a proper way to
prune a tree, and this destructive practice is very prevalent in some communities.
In such cases, a vigorous program of public education should be pursued
in combination with the ordinance.
Ordinances that restrict topping may apply to public trees only, or
may extend to all trees, both public and private, within the community.
For example, the city of San Juan Capistrano has detailed regulations regarding
topping. The regulations define topping (as “severe trimming'), prohibit
it in certain zoning districts, and describe the type of pruning which
is to occur.
Rather than including detailed specifications in the ordinance itself,
we recommend that the ordinance authorize the preparation and enforcement
of tree pruning standards by the tree program manager (see provisions 15
and 18). This allows for greater flexibility and easier updating
of the standards when necessary. I
..."Severely trimmed" shall mean the cutting of the branches and/or
trunk of a tree in a manner which will substantially reduce the overall
size of the tree area so as to destroy the existing symmetrical appearance
or natural shape of the tree in a manner which results in the removal of
main lateral branches leaving the trunk of the tree in a stub appearances
as shown is Exhibits A and B..
... No property owner or his agent in the Tourist Commercial, ... or
any residential zoning district located within 500 ft of a scenic highway
or drive ... shall cause any tree on his property to be severely trimmed
... ... The following standards identify trimming methods which will give
maximum benefits to both trees and people:...
[San Juan Capistrano City Code Section 9-3.625]
24. Permit required for planting trees in the public right-of -way
Purpose: To ensure that street tree selection and placement conforms with municipal standards.
Key elements:
-Permit process for planting in the public right-of-way
-Prohibition of planting in conflict with established standards -Remedies to be applied in case of violation
Notes: In order to avoid future maintenance problems and sidewalk damage, local governments usually reserve the right to control plantings in the public right-of-way. The tree program manager should be given authority over such plantings in provision 15.
No person shall plant any street tree except according to policies,
regulations and specifications established pursuant to this chapter..
[San Luis Obispo City Code Section 12.24.130 F.]
All trees planted in the public street or sidewalk area and all tree
planting required by this code shall be located and planted under the supervision
of the city forester, who shall supervise such planting and locating.
In the performance of such work, consideration shall be given to the following
factors; provided, that setbacks permit and considerations of safety do
not interfere. These factors are determined to be of primary importance
in maintaining the city forest.
A. Trees that must be removed shall be replaced by new planting, except
in unusual circumstances.
B. Wherever feasible, trees shall be planted near old and dying ones
in anticipation of their removal
C Unnatural regularity of spacing and arrangement shall be avoided;
staggered, or irregular locations or a simulated forest arrangement being
preferred.
D. Species selected may vary, depending on location; however, the preference
of native species is urged; the Monterey pine is to be perpetuated as our
dominant forest tree within the city.
E. The coordinating of tree planting on public ways with landscaping
on private property so as at achieve the above purposes is deemed desirable.
[Carmel-By-The-Sea City Code Section 12.28.2301
Although some ordinances require removal of any tree planted without a permit, it may be preferable to require removal of only those trees that do not conform with standards. Some jurisdictions will allow nonconforming trees to remain, but require the property owner to accept all financial responsibility for tree maintenance and damage that may be caused by the tree.
Whenever any tree is planted or set out in conflict with the provisions
of the Article, it shall be lawful for the Parks Superintendent to remove
or cause removal of the same. The cost of removal of such tree may
be charged to the property owner responsible for the planting thereof.
[San Buenaventura City Code Section 8421.2]
If one of your goals is to encourage tree planting, the permit process
for planting should be as simple as possible, and no permit fee should
be charged. A program to educate the public on appropriate tree selection
and siting for local conditions is highly recommended to complement this
provision. it is more productive to spend time and effort encouraging proper
tree selection and planting than removing offending trees.
Purpose: To ensure appropriate tree planting in new developments.
Key elements:
-Performance standards for tree planting and maintenance during establishment
-Designation of responsibility for planting and maintenance -Protocol
to ensure that planting complies with the comprehensive management plan
or other standards
Notes: Some communities include tree planting requirements in a separate
landscape ordinance. However, in most cases, tree planting requirements
are appropriately placed in the tree ordinance.
It is very important that basic performance standards be set in this
provision. The provision can specify minimum tree densities (e.g.
numbers of trees per street mile) or canopy standards (e.g. amount of shading
to be provided within a set period of years). The tree program manager
should then be given the latitude to develop appropriate implementation
standards and approve specific plans.
At least 50% of the paved area surface [of parking areas] shall be shaded by tree canopies within 15 years of acquisition of building permits. Trees to be planted to develop such a canopy shall be in accordance with the City's Master Street Tree Plan and the requirements of the Director of Parks and Trees. Plans submitted to the Development Review Board shall show the estimated tree canopies after 15 years of growth, the specific names, sizes and locations of trees to be planted, and the total area in square feet of the area shaded by tree canopies. In determining the area shaded, the following methodology shall be used:
1.Measure the shaded area on the pavement assuming that the shaded area
is only that area directly under the tree canopy or dripline.
2..Landscape planters under the canopy may be counted as shaded area.
3. Paved areas shaded by structures (such as second stories of
buildings,carports) may be deducted from the total paved area.
[City of Oroville City Code Section 26-49.k.10)
Responsibility for planting and maintenance varies by community.
If developers do not perform the actual planting, they are normally required
to pay in-lieu fees and tree planting is handled by the local government.
The building permit approval process is frequently used to ensure compliance
with tree planting regulations. Communities may withhold occupancy
permits until trees have been satisfactorily installed, and require performance
bonds to ensure establishment. Performance bonding should be for
at least three years to guarantee good long-term survival. Furthermore,
unacceptable tree growth or condition,
as well as actual tree death, should be grounds for bond forfeiture.
Trees that are of poor quality when planted or are maintained poorly may
not actually die within three years, but their future survival and performance
may still be unacceptable.
No subdivision shall be approved unless it is found to include planting
of official, approved street trees within the adjacent parkways in conformity
with the Street Tree Management Plan and under the Director's supervision...
In-lieu fees, which are established by resolution of the City Council,
may be deposited by the developer or applicant upon the recommendation
of the Director. In cases when a subdivision is being approved, and
the building process may be over a prolonged period of
time, in-lieu fees maybe required..
In the event a subdivider desires to plant trees within the parkway
adjacent to a new subdivision, he may apply to the Director for a permit.
Such permit may be issued by the Director only after the subdivider has
posted a bond pursuant to Chapter 2.1 7 of this Code, guaranteeing
the planting of all street trees, and paid the estimated cost of all irrigation
and maintenance for a three-year period. All such planting shall
be done in accordance with the Street Tree Master Plan, as shall any necessary
replanting which would be required should any of the planted trees die
within [or be deemed unacceptable by the Director at the end of] the three-year
period.
The costs of planting and the first three years of maintenance, including
irrigation, of all street trees in a new subdivision, shall be borne by
the subdivider. The Director shall determine the cost involved for
each subdivision, which shall be paid to the City prior to City Council
approval of the final map of the subdivision. The Director shall
plant, maintain, and ii7igate such trees at such times and places as the
development of the subdivision, its occupants, and other conditions make
feasible.
[Carpinteria City Code Section 12.28.160]
B.Before planting, all street trees must be inspected and approved by
The city arbotist or his designee..
F. So the city arborist can determine the tree requirements for site
development, any subdivider or developer shall submit to the city a
plot plan of the proposed subdivision which shall.- show clearly all existing
trees, noting location, species, diameter and condition
2.note whether existing trees will be retained, removed or relocated
3. show proposed utilities, driveways, street tree locations, and the
size and species of proposed street trees.
[San Luis Obispo City Code Section 12.24.1 00]
26.
Situations which are declared to be public nuisances.
Purpose: To define unacceptable situations which are subject to abatement by the local government.
Notes: Conditions and situations that jeopardize public health and safety
are most commonly declared to be public nuisances. Hazardous trees
and trees which obstruct travel or line of sight fall into this category.
Situations that threaten the health of the urban forest or are contrary
to the community forest management strategy may also be declared nuisances.
This second category includes trees which harbor diseases or insect infestations
that may readily spread to adjacent trees, and species which are considered
undesirable. Improper maintenance practices which can lead to tree
death or disfigurement have also been declared to be public nuisances in
some communities.
Abatement procedures are typically contained in a separate provision
(see provision 27 below).
A. Any tree, shrub or groundcover, growing or standing on private property in such a manner that any portion thereof interferes with any public street, sidewalk, alley or restricts the flow of traffic or visibility of such street, sidewalk, alley or intersection thereof to any person or persons lawfully using such streets, sidewalks, alleys or intersections shall constitute a public nuisance.
[La Habra City Code Section 12.20. 1 OOA]
The following things are public nuisances whenever they may be found
within the City of Sacramento:
(a) Any living or standing elm tree or part thereof infected to any
degree with the Dutch Elm Disease fungus, Ceratocystis ulmi (Buisman) Moreau;
or which harbors any of the elm bark beetles, Scolytus multistriatus (Marsh.)
or Hylurgopinus rufipes (Eich.);
(b) Any dead elm tree or dead part of any elm tree, including logs,
branches, stumps, firewood or other elm material from which the bark has
not been removed.
[Sacramento City Code Section 45.102]
It is hereby declared a public nuisance for any person owning, leasing,
occupying, or having charge of any premises in the City of Visalia which
has one or more Oak trees located thereon to intentionally, negligently,
accidentally, or otherwise maintain said premises in such a manner so as
to cause harm to and of said Oak trees, by reason of any of the following
conditions.
1. Water saturation or deprivation;
2. Nailing, screwing, stapling, bolting, or otherwise attaching
boards, fences, signs, placards, posters, or any other material which
might cause injury to the Oak tree,
3. Neglect in the pruning or trimming of overgrown, diseased, decaying,
dead, or rotting limbs, branches, and foliage.
[City of Visalia Ordinance Code Section 2356]
27. Abatement
of hazards and public nuisances
Purpose: To set forth procedures for abating the public nuisances described
in provision 26 above.
Key elements:
-Authority to determine nuisance (if not noted in provision 15) -Procedure
for notification and appeal, including time limits -Method of abatement
and assessment of costs incurred
Notes: Communities vary in the detail to which they prescribe the procedures which must be followed for nuisance abatement and assessment of associated costs. Notification and appeal procedures may be simple or involved.
... upon a determination b the Park Superintendent that such a private
tree constitutes a public nuisance, he shall give written notice to the
owner of the property upon which said nuisance exists to a* remove, or
otherwise control such tree in such a manner as will abate such nuisance.
Failure to comply with such written notice within ten days thereafter,
is a violation of this section...
[Patterson City Code Section 12.16.120]
... The City may remove or trim such tree, may permit any public utility
to do so, or may require the property owner to remove or trim such tree
on private property or on a public parading strip abutting upon the property
of the owner. The failure of the property owner, or his duly authorized
agent, to remove such tree after fifteen (15) days notice by the City Superintendent
shall be deemed a violation of the provisions of this chapter, and the
City Superintendent may then remove or trim such tree and assess the cost
thereof against the property.
[Fowler City Code Section 7-1.08]
28. Licensing
of private tree care firms
Purpose: To ensure that firms performing tree maintenance within the jurisdiction are qualified and have appropriate liability insurance coverage.
Key elements:
-Types of tree maintenance that require special licensing -Requirements
for professional qualifications -Liability insurance requirements -Method
of documentation
-Authorization for license suspension or revocation for violations
Notes: Improperly performed tree maintenance work, including
pruning,cabling, and removal, can cause property damage and
endanger public health and safety. Therefore, many community
tree
ordinances require that firms engaged in tree work carry liability
insurance.
Any person, firm or corporation engaged in the business of removing
City trees shall carry public liability and property damage insurance in
an amount to be determined by the city council and policies or certificates
thereof shall be filed with the city clerk- "ere deemed advisable, the
Director may require the posting of a performance bond pursuant to Chapter
2.17 of this code to guarantee the completion of any job in accordance
with adopted City Standards, rules and regulations.
[Carpinteria City Code Section 12.28.240]
Furthermore, improper pruning practices can irreparably disfigure and harm trees. In the interest of protecting community tree resources, it is reasonable for the local government to require proof of professional competence from those performing tree work for hire. Such proof might take the form of certification from the international Society of Arboriculture, completion of course work and training in arboriculture, passing an examination, or other criteria.
"When the city requires free pruning, any tree service contractor performing
work shall have on its staff an arborist certified by the Western Chapter
of the International Society of Arboriculture. This arborist must
oversee all pruning work and certify that all work meets the city's pruning
specifications. If a certified arborist is not on the staff of the
tree contractor, the city arborist must approve the tree service contractor
before work begins
[San Luis Obispo Municipal Code Section 12.24.160]
As in the above examples, many jurisdictions require proof of insurance and professional qualifications only of firms performing work for the local government. In the interest of improving tree care community-wide, such requirements could be extended to all tree service firms operating within the community.
Any person engaged in the business of pruning, trimming or removing of trees in the City of Escalon, shall secure an annual permit to so from the City Administrator. This permit is in addition to all other business licenses required by Ordinance No. 24 as amended of the City of Escalon. ... As a condition to obtaining said permit, the person shall furnish satisfactory proof to the City Administrator that he has public liability insurance covering said pruning, trimming, or removing trees, in minimum amounts ... as established by the Council by resolution. The policy or policies of insurance, or certificates thereof, shall be filed with the City Administrator, prior to the issuance of said license, and such person shall keep said insurance in full force and effect during the term of the permit.
[Escalon City Code Ordinance 147 Section 12]
Anyperson or business performing tree pruning and repair work for hire
within the city shall possess a valid tree care license. The city
arborist is authorized to issue tree care licenses to persons or businesses
that meet the following minimum requirements:
1. The person or at least one person on the staff of a business must
be designated as a Qualified Arborist by the city. To be designated
as a Qualified Arborist, a tree service employee shall demonstrate a knowledge
of proper arboricultural techniques by providing documentation of professional
certification, education and for experience acceptable to the city arborist.
2. Certification must be provided that all tree work will be performed
under the direct supervision of the Qualified Arborist and will comply
with all city standards and ordinances.
The city arborist is authorized to suspend or revoke the tree care license
of any person or business that performs work which does not comply with
tree care standards as specified in this chapter and in the comprehensive
tree management plan. License suspensions and revocations may be appealed
to the city tree commission within 10 days of notification. The decision
of the city tree commission shall be final and is not subject to appeal
[Example code by the authors]
29. Harming public
trees forbidden
Purpose: To prohibit negligent or intentional damage to trees and other
plants growing in the public right of way.
Key elements:
-Designation of which trees and other plants are protected -Prohibited activities and actions
Notes: This is one of the most common provisions in street tree
ordinances. It is primarily targeted at preventing vandalism
and negligent damage. Some ordinances have elaborate lists of many
different ways which trees can be harmed. Others include prohibitions
against fastening animals to trees and allowing animals to browse trees.
Some ordinances extend protection to tree guards or supports as well as
to trees.
If damage is properly defined in the definitions section (see provision
4), it may be possible to cover all types of damage rather simply, and
avoid long (and often incomplete) litanies of damaging practices.
Legal staff should be consulted in this regard.
It shall be a violation of the provisions of this Chapter for any person
to abuse, destroy or mutilate any tree, plant or shrub in a public parking
strip or any other public place, or to attach or place any rope, wire (other
than one used to support a young or broken tree), sign poster, handbill
or other things to or on any tree growing in a public place, or to cause
or permit any wire charged with electricity to be placed or attached to
any such tree, or allow any gaseous, liquid or solid substance which [is]
harmful to such trees to come in contact with their roots, [trunks,] or
leaves.
[Corcoran City Code Section 2-4-9]
30.
Permit required to remove or prune city owned trees
Purpose: To provide for municipal review and approval of any activity
which could be detrimental to public trees.
Key elements:
-Activities that require a permit
-Position with authority to issue permits (if not noted in provision
15)
-Guidelines for approving or denying permits, including conditions
that may be required to prevent or compensate for damage
-Permit application and appeal procedures, including time limits
Notes: In order to safeguard the public investment in street trees and
other public trees, many local governments reserve the right to regulate
a variety of potentially damaging activities. The authority to approve
regulated activities should normally be vested with the tree program manager.
Each community needs to decide what activities it will regulate.
Some of the activities that might require a permit include:
-tree removal,
-pruning,
-grading or trenching near trees,
-installation of pavement over tree root zones,
-transport of buildings or other large items which could break city
street tree branches.
To prevent a net loss of trees, all trees removed should be replaced
in a manner consistent with the overall tree management plan. If
a community's goals include conservation of tree resources and establishment
of maximum canopy cover, guidelines for approving tree removal permits
should clearly establish the precedence of trees over hardscape or turf
(see also provision 19).
A. No person, unless expressly authorized hereunder, shall plant, remove, cut, term, or prune, any street tree or any tree, plant, or shrub in a city park or he public place without a permit issued by the Director of Public Works. Such permit application shall be made at least 2 working days before the intended activity. The Director of Public Works may grant the permit or grant a permit on conditions when such is consistent with the provisions of this chapter, the Master Street Tree Plan, and other applicable laws and public policy. No such permit shall be valid for a period greater than 30 days after the date of its issuance.
B. In the case of moving a building along a street, such permit conditions
may include rerouting, segmenting of such structure, and payment by applicant
of attendant costs attributed to trimming or cutting authorized under such
permit.
[Pasadena Municipal Code Section 8.52.0801
(a) The director shall issue permits to property owners to perform maintenance
on or to remove city street trees, only if the following conditions are
met.-
(1) The property owner has established, to the director's satisfaction,
that there is need for the proposed work on the tree; and (2) The property
owner has established, to the director's satisfaction, that the persons
who are to perform the work are qualified
to do so; and
(3) The director, in his sole discretion, has determined that any
potential detriment to the city street tree population entailed by
the
proposed work, is justified in the individual case. In making
this determination, the director shall consider factors such as the probability
that the proposed work will destroy or seriously injure the tree, the tree's
health, the desirability of that species as a street tree, whether the
tree's condition and size threaten serious damage to property, the condition
and number of other city street trees in the vicinity, whether there are
other less onerous means of accomplishing the applicant's goals, and other
related criteria.
(b) All work performed on city street trees pursuant to a permit issued by the director under this section shall be done within a sixty day period from the issuance of said permit, or within such longer period as the director shall specify.
(c) The director shall condition any permit granted pursuant to this section for the removal of a city street tree, on the permittee removing, and where the director determines to it be appropriate, replacing the tree. In such case, the full cost of removal and replacement shall be borne by the owner and such service shall not be provided by the city.
(d) The director may condition any permit granted pursuant to this section on any such conditions as the director determines to be necessary.
(e) The provisions of Sec. 45.12 shall be complied with whenever a property
owner seeks a permit to remove or trim a city street tree to facilitate
moving any building or other structure.
[Sacramento City Code Section 45.7]
As part of the procedure for granting tree removal permits, some communities
require that a notice be posted or published in the newspaper.
The city shall post a sign notifying the public of the date and description
of a proposed tree removal The sign shall be posted in a prominent location,
visible from a public street, for a period not less than five days before
either staff consideration of a tree removal Permit or a public hearing
on a related development.
[City of San Luis Obispo Code Municipal Code Section 12.24.180F]
In some communities, local public utilities may be given a yearly permit that allows them to prune public street trees. In such cases, the local government should set minimum pruning standards and provide for inspection to enforce these standards.
When maintaining street trees, a public utility must observe good arboticultural
practices, as specified by the International Society of Arboriculture Western
Chapter Pruning Standards and the City of San Luis Obispo Safety Pruning
Specifications.
[San Luis Obispo Municipal Code Section 12.24.140]
... Public utility companies subject to the jurisdiction of the California Public Utilities Commission may perform such pruning as is necessary
to comply with the safety regulations of said commission and to maintain
a safe operation of their facilities without a permit. However, they
shall notify the planning department at least three working days (except
in emergencies) prior to taking any action. The planning director
shall cause such pruning work to be inspected, when appropriate, to insure
that good pruning practices previously reference are followed. The
planning director shall have the authority to stop any tree-pruning performed
by a utility if such practices are not being followed..
[Court Madera City Code Section 15.50.040]
31. Permit
required to remove or prune protected private trees
Purpose: To limit indiscriminate removal of, and damage to, trees on private property.
Key elements:
-Classes of trees protected
-Activities subject to regulation
-Standards for approving regulated activities
-Permit process, including requirements, fees, time limits, and appeals
-Conditions or compensation required to offset adverse impacts
Notes: This type of provision is typically known as a heritage or landmark tree protection provision. This type of provision is best suited to protecting conspicuous individual trees that are of unique historical, ecological, or aesthetic value, and therefore constitute an important community resource. However, since the life spans of individual trees are limited, especially in the urban environment, this type of provision does not address the long-term sustainability of the urban forest. Furthermore, because of its focus on individual trees, this type of provision may not be appropriate for, or effective at, protecting woodlands and forests. Woodland or forest conservation is addressed in provision 32.
Regulated trees and activities
Private tree protection regulations are commonly directed toward oaks
or other native or historical trees. Protected trees are typically
designated by species and size or size alone. Diameter at 4.5 ft
above ground level (also known as diameter at breast height or DBH) is
usually used as the measure of tree size. One disadvantage of using
a size criterion is that some property owners may elect to remove trees
before they grow large enough to come under the protection of the ordinance.
This is obviously a counterproductive situation, since it has the effect
of destroying future tree resources. Unfortunately, this behavior
has been observed in some California communities. If the goal of
the community is to protect large numbers of small diameter trees, a forest/woodland
protection provision (see provision 32) may be more appropriate.
in many jurisdictions, the tree permit system is tied to the issuance
of construction permits and protection is provided only during construction.
In this case, continued tree protection after construction is not guaranteed,
unless addressed by other provisions.
Scope - The provisions of this chapter shall apply to all mature native
oak trees, historic trees and mature trees, where those tree are associated
with proposals for urban development, on all public and private property
within the City of Simi Valley, except as specified in Section 9-1.1509.
[City of Simi Valley Municipal Code Section 9-1.1502]
Some communities extend protection to trees whether or not construction
is involved. In the following example, a permit is required to perform
any activity that may damage protected trees. such a provision will clearly
require a high level of community support and voluntary compliance to be
successful.
Many tree protection provisions provide specific exceptions that are
not covered by the ordinance. The intended meanings of words such
as "cut', "remove", "encroach", "protected zone" and "oak tree", should
be defined in the definitions section (see provision 4). In this
example, "cue" includes pruning.
a) No person shall cut, remove, encroach in the protected zone, or relocate any oak tree on any public or private property within the City unless a valid oak tree permit has been issued by the City pursuant to the provisions of this chapter and the Oak Tree Preservation and Protection Guidelines. The status of limbs or trees as deadwood or dead trees must be confirmed buy the City's Oak Tree Preservation Consultant.
b) Exemptions. A permit is not required to cut or remove a tree(s)
under the following circumstances:
(1) Trees that do not exceed two inches (2") in diameter when measured
at a point four and a half feet (4.5) above the tree's natural grade.
(2) Trees damaged by thunderstorms, windstorms, floods, earthquakes,
fires or other natural disasters and determined to be dangerous by a peace
officer, fireman, civil defense official or code enforcement officer in
their official capacity. The Department of Planning and Community
Development shall be promptly notified of the nature of the emergency and
action taken.
(3) When removal is determined necessary by fire department personnel
actively engaged in fighting a fire.
(4) Trees planted, grown and lot held for sale as part of a licensed
nursery business. This exemption is limited to trees with main trunks
under ten inches (10") in diameter.
[Thousand Oaks Municipal Code Section 5-14.041
Rather than requiring a permit for pruning, the city of Visalia requires filing of an "intent to prune notice". The purpose of this provision is to avert improper pruning of oak trees (see also provision 22):
Except in cases of emergencies as described in Section 2344, no person
shall prune or cause to be pruned any Oak Tree limb of a diameter of 2"
or greater within the City of Visalia without first submitting a completed
Oak Tree Intent To Prune Notice with the Director, as provided herein.
[City of Visalia Ordinance Code Section 23451
Standards for approving regulated activities
The standards or criteria for approving tree removal or damage may
vary somewhat between locations, due to the predominant tree species present
or other site-specific details. The following examples list most
of the criteria which are commonly included.
The intended decision of the Director shall be based upon reasonable
standards, including, but not limited to, the following.-
(a) The condition of the Oak Tree with respect to its general health,
damage, status as a public nuisance, danger of falling, proximity to existing
or proposed structures, interface with utility services, and its status
as host for [parasitic] plant[s], pest[s], or disease[s] endangering other
species of frees or plants with infection or infestations.
(b) The necessity of the requested action to allow construction of
improvements or otherwise allow economic or other reasonable
enjoyment of property.
(c) The topography of the land and the effect of the requested
action on soil retention, water retention and diversion or increased
flow
of surface water
(d) The number, species, size and location of @ting trees in the area
and the effect of the requested action on shade areas, air pollution, historic
values, scenic beauty, and the general welfare of the City as a
whole.
(e) Good forest practices such as, but not limited to, the number
of healthy trees a given parcel of land will support.
[City of Visalia Ordinance Code Section 23421
... The determination of the approving body in granting or denying a
permit shall be based upon, but not limited to, the following.
... The approximate age of the tree relative to its average life span;
... The effect of removal on soil erosion and stability, particularly near
streams and steep slopes;
... Present and future visual screening potential;
Any other information the Body finds pertinent to the decision including,
if necessary, information obtained at a public hearing;...
(Kirkwood Tree Ordinance, Alpine County]
Permit process requirements
Permit applicants are normally required to provide the information necessary
to decide if the proposed action meets the established standards for approval.
Depending upon the standards, this may include plot maps, data on tree
size and condition, and the anticipated visual or environmental effects
of removal. Many cities have standard forms listing the types of
information to be submitted.
Some communities exempt their municipal departments from the permit
process, although this is not the case in the following example.
Requiring city departments to meet the same requirements as private property
owners assures more uniform implementation, and may provide beneficial
public relations value as well.
Any person desiring to cut, move or remove a tree or protected tree within the city of Belmont shall apply to the Superintendent for a permit. A permit is not required for pruning as herein defined.
The application for the permit shall be made on the form provided by
the Superintendent for this purpose and shall include the number, location
and type(s) of the tree(s) to be cut, moved or removed and the reason for
such action. The applicant may submit an arborist's report or other
expert evidence for consideration. The application shall be accompanied
by any required fee to cover the cost of processing as set in the current
City fee schedule. Fees shall be waived for applications made by
a department of the City of Belmont on its own behalf.
[Belmont C4 Code Section 25-5]
While permit fees are normally collected from developers, some
communities do not charge fees to homeowners who are required to
get permits for pruning or removing private trees. This may help
boost voluntary compliance, since homeowners may incur various costs simply
to meet requirements for the permit application.
Many provisions which regulate tree removal during development require
a report by a qualified professional on the condition of the trees.
The professional may either be the city arborist or a qualified outside
consultant. To minimize conflict of interest situations, the consultants
should be responsible to, and paid by, the local government, which in turn
recovers the charges from the applicant.
The permitting authority may also require the applicant to submit a
tree condition report prepared by a qualified tree expert selected and
retained by the city. The applicant shall reimburse the City for
all costs related
to the preparation of the report.
[Example text by the authors]
Some communities also include in this section a requirement that prior to removal, the tree be posted with a notice stating that the tree will be removed within a specified time, and describing the appeals process. Others, as in the following example, require public notification before a permit is granted.
In the case o removal of any heritage tree .. the director shall not
act on such an application until a hearing is held thereon. Notice
of the time and place of the hearing shall be posted in a conspicuous place
on the real property upon which the heritage tree is located and shall
be mailed to the applicant and all owners of real property within a five
hundred (500) foot radius of the real property upon which the heritage
tree is located..
[Sacramento City Code Section 45.217]
Conditions and compensation required for approval
Some tree protection ordinances include specifics on how trees are to
be protected during construction. However, since such details are
technical and potentially changeable, it is best not to include them in
the ordinance. The provision should authorize the tree program manager
to prepare, enforce, evaluate, and revise the actual specifications for
tree protection. Although some communities have developed quite extensive
tree protection guidelines, it should be realized that even highly detailed
guidelines cannot substitute for a case-by-case analysis by a qualified
professional.
Some communities require that performance bonds be posted for trees
that are to be retained, so that developers are held accountable for damage
that occurs during construction. However, such bonding should take
account of the fact that damage inflicted to tree roots is not readily
visible, and that above ground symptoms associated with root damage may
take years to become obvious. A long bonding period, preferably 5
years or more, should be used, since the mere presence of trees on a site
shortly after construction does not signify that the trees are undamaged.
Performance bonds should not be released if retained trees show a significant
decline in vigor or condition. In order to document changes in tree
condition, tree ratings should be made prior to construction and at the
end of the bonding period.
When adverse impacts to protected trees cannot be avoided, compensation
is usually required. Most commonly, this takes the form of direct
on- or off-site replacement, or payment of a designated amount into a special
fund earmarked for acquiring trees. A formula for calculating the
value of trees removed or injured provides a good basis to determine the
required compensation. it is preferable to set basic standards for replacement
in the ordinance, but leave technical details to the discretion of the
tree program manager. Specifying details, such as the size of replacement
stock to be used, may result in inappropriate plant material selection.
The conditions may be imposed on the permit at the discretion of the
decision maker including, but not limited to, any of the following.
(a) A condition requiring the replacement or placement of additional
trees on the subject property to offset the impacts associated with the
loss of a tree, limbs or encroachment into the protected zone of an oak
tree,
(b) the planting of new tree[s] off-site to offset the loss of a tree;
(c) A condition requiring an objectively observable maintenance
and care program be initiated to insure the continued health and care
of oak tree (s) on the property.
(d) Payment of a fee or donation of [planting stock] to the City or
other public agency to be used elsewhere in the community should a suitable
replacement location of the tree not be possible on-site or offsite.
[Thousand Oaks Municipal Code Section 5-14.06]
Provisions which regulate private trees are unlikely to be effective
without community support. Unless residents strongly support tree
protection, it is probably advisable to link tree protection with some
sort of benefit or incentive to balance the additional burden imposed by
the provision. The local government might provide tree care assistance,
consulting, reduce certain assessments, or institute a recognition program
to provide a tangible benefit to owners of protected private trees.
Education and incentive programs are needed to ensure that protected trees
are seen as an asset rather than a liability.
32.
Conservation of forest and woodland resources during development.
Purpose: To promote the conservation of functional forests and woodlands on private lands during development.
Key elements:
-Types of woodland or forest land subject to regulation -Activities
regulated on lands covered with woodlands or forests -Performance standards
for conservation of woodland or forest resources
-Criteria for assessing, conditioning, and approving regulated activities
-Permit process, including requirements, fees, time limits, and appeals
Notes: The purpose of this provision is to provide a means for conserving
woodlands and forests. At minimum, conservation of these resources
requires that:
-natural stands or groups of trees are given priority over individual
specimens;
-activities that fragment the woodland into small units are minimized;
-meaningful standards for tree retention and reforestation are set;
-provisions are made for regeneration of the woodland; -components
of forests and woodlands other than trees are taken into consideration.
Provisions for woodland protection have not been used widely in California
to date. Instead, some communities have attempted to use individual
tree protection provisions (provision 31) to protect woodlands, primarily
by lowering the minimum diameter for tree protection. However, these
tree protection provisions usually lack the necessary features noted above,
and as a result, they often do not provide for satisfactory woodland or
forest conservation.
Regulated lands and activities
All properties with significant forest or woodland resources should
be subject to the provision. The ordinance should define what is
considered to be forest or woodland, as is done in the example below.
Forest or woodland types of special local concern could be specifically
noted in this section. in many parts of California, wooded lands have been
converted to agricultural use prior to a second conversion to urban development.
If a community has the goal of restoring lost or degraded woodlands and
forests, lands that have the potential for supporting forests or woodlands
could be included under the provision.
Establishing the resource base line is a potential source of problems
for virtually all resource conservation ordinances. Unscrupulous
individuals sometimes destroy or alter much of the resource prior to development
in an attempt to avoid conservation requirements in the development process.
To encourage good resource stewardship prior to development, historical
aerial photos could be used to establish the forest resource base line.
This provision shall apply to all unincorporated lands within the jurisdiction
for which approval for a discretionary project is requested and for which
either of the following conditions apply.-
A. Parcels having canopy cover by native frees or other woody vegetation
of at least 10% as of (month /year), as determined from base line aetial
photography dated (date) on file with the Planning Division.
B. Parcels that currently support or historically supported native
trees or other woody vegetation but were used for agricultural crops or
pasture at the time of the aforementioned base line aerial photography.
The approving authority shall be authorized to determine whether the
provisions of this ordinance apply to any specific parcel The burden of
proof that the provision should not be applied to a specific parcel shall
be on the property owner.
[Example code by the authors]
Activities regulated through the permit process should include any that could potentially degrade the woodland. This would include activities such as clearing the understory, or altering watercourses.
Except as provided for herein no person or corporation shall destroy
or significantly alter any forest or woodland through tree damage or removal,
clearing, grading, tilling, burning, application of chemicals, or any other
means unless they possess a valid Woodland Alteration Permit. No
person or corporation shall be granted a permit for subdivision, grading,
building, or the construction of any improvement on wooded or forested
lands unless they possess a valid Woodland Alteration Permit. Any
alteration of wooded or forested lands shall conform to the conditions
and specifications of the Woodland Alteration Permit.
[Example code by the authors]
On tracts of commercial timberland greater than three acres, the Forest Practice Act (California Public Resources Code Section 4511 et seq.) may apply and would take precedence over local ordinances. As amended, this act does not allow individual counties to adopt rules or regulations that are stricter than those provided for by the act. However, counties may recommend that the Board of Forestry adopt additional rules and regulations to account for local needs.
Performance standards for woodland conservation on regulated lands Standards
for tree retention and reforestation will vary with the types of woodlands
or forests involved. Canopy cover and/or stocking rates (trees per
unit area) are probably the most widely applicable ways of expressing these
standards. In general, any type of development will result in more
canopy loss in areas with high levels of canopy cover than in areas with
low canopy cover. Therefore, it may be desirable to establish standards
for canopy retention that vary with the base line level of canopy. in the
example text, two standards are used to provide for a smooth transition
between the different retention levels. Foresters or other resource
professionals should be consulted to help establish meaningful and appropriate
standards.
The canopy cover base line could be used to set both retention and
reforestation standards. Parcels showing an increase in tree cover
beyond the base line could be allowed greater flexibility when developed.
Parcels showing a loss in tree cover could be required to restock the woodland
to acceptable levels before development could occur. This strategy
would help provide a strong disincentive for clearing prior to development.
Property owners would protect their future options best by maintaining
or increasing tree cover on their lands.
In the first example below, viable stands of trees are given priority
over individual trees. However, protection for individual trees of
special concern could also be obtained through provisions of a landmark
tree provision (provision 31). If properly constructed, tree protection
and woodland conservation provisions can complement each other to provide
for more complete management of existing tree resources.
Canopv retention standards. The following table shall be used to determine the minimum amounts of woodland canopy that must be retained during development on wooded lands. Canopy cover may be determined using any method acceptable to the approving authority.
Canopy retention standard shall be the greater of Column A or Column
B:
Base line
canopy cover Column A Column B
80-100% .75 x base line canopy cover 65% canopy
60-79% .80 x base line canopy cover 51 % canopy
40-59% .85 x base line canopy cover 36% canopy
20-39% .90 x base line canopy cover 19% canopy
19% or less 1. 0 x base line canopy cover --
Example: For 50% base line canopy, the minimum allowable canopy after development would be the greater of Column A (85 x 50% = 42.5% canopy) or Column. B (36% canopy). In this case, the minimum allowable canopy after development would be 42.5%.
Retention standards shall be applied to retain stands of trees and undisturbed woodlands in priority over individual specimen trees which will be incorporated into the development. No more than 10% of the canopy retention standard may be met by individual trees not included within designated woodlands.
Reforestation standards. In areas where tree removal, clearing, fire,
or any other intentional or accidental canopy reduction has resulted in
canopy levels below the base line level, the standard for reforestation
shall be set at 100% of base line levels, except that no reforestation
standard shall exceed 85% nor be less than 15% canopy cover.
[Example code by the authors]
Removal of oak trees in the areas outside of the North County Area Plan ... shall be allowed only if the following purposes and standards are satisfied..
B Standards.
1. The current Best Management Practices as promulgated by the University
of California [Integrated] Hardwood Range Management [Program] shall be
followed to maintain and promote regeneration of oak trees.
2. A representative sample of sizes, ages and species of oaks
shall be retained with special emphasis placed on retaining saplings.
3. The number of oaks on any acre shall not be reduced to less than
25% canopy existing at the time of the adoption of this ordinance.
4. Removal of oak trees encroaching on existing cultivated farmland
is allowed.
[Monterey County Code
Section 16.60.OSOB]
Criteria for approving regulated activities
The criteria for approving woodland alteration should be clearly stated
in the ordinance.
Requirements for approving Woodland Alteration Permits. Issuance
of a Woodland Alteration Permit is contingent upon the following requirements.
1. A Woodland Conservation Plan for the subject property must be approved
by the approving authority.
2 The level of canopy removal requested must not exceed that provided
for in the Canopy Retention Standards.
3. All reforestation plantings required as a condition of approval
must be installed at least one year prior to the issuance of the Woodland
Alteration Permit, and must be approved as adequate after inspection by
the approving authority.
4. All other requirements pursuant to county ordinances, the California
Environmental Quality Act (CEQA), and other applicable local, state, and
federal laws and regulations must be fulfilled.
[Example code by the authors]
1. Removal of more than three protected trees on a lot in a one year
shall require a Forest Management Plan and approval of a Use Permit by
the Monterey County Planning Commission.
2. The Forest Management Plan shall be prepared by a qualified professional
forester, as selected from the county's list of Consulting Foresters.
Plan preparation shall be at the applicant's expense.
[Monterey County Code Section 16.60.04oq
Conditions and mitigation required for approval
Whenever development occurs around sensitive natural resources, the
primary goal should be to avoid adverse impacts through a sensitive development
plan. To promote woodland conservation, the plan should strive to
maintain groups of trees in contiguous areas that function as a cohesive
habitat. Development patterns that cluster development on a portion
of the overall project area and leave wooded areas as dedicated open space
provide one means for maintaining functional woodlands.
Compensatory mitigation should only be considered after all reasonable
efforts have been made to minimize loss. Reforestation on- or off-site
is one form of compensation, but a newly-planted forest or woodland does
not provide the habitat value of a mature stand. While reforestation
should be promoted for long-term resource conservation, suitable mitigation
of short-term impacts can best be obtained by requiring that equivalent
quantities of developable land be reserved from development. Such
woodland reserves should remain undeveloped at least until reforested areas
attain the habitat value of woodlands which were lost. it may be desirable
to target certain critical areas for acquisition as permanent forest/woodland
reserves through this process of "mitigation banking'.
Woodland Conservation Plan. The purpose of the Woodland Conservation Plan (WCP) is to establish specific methods to conserve existing and potential woodland resources during development The WCP shall be prepared by a qualified natural resources consultant retained by the county, and the charges of preparing the WCP shall be born by the applicant.
The WCP shall provide that a project meets the Retention and Reforestation
Standards of this provision through any, or a combination, of the following
methods or other methods acceptable to the approving authority.
1. Minimizing the extent of the development and siting it to avoid
impacts on existing woodlands.
2. Clustering development on a portion of the project area to retain
continuous stands of trees in the non-developed portion. Transfers of development
density from nondeveloped portions of the project area may be allowed only
if nondeveloped portions meet the criteria for developable land.
3.Providing for reforestation of equivalent sites within or outside
of the project area that will not be subject to future development.
Where reforestation is used to replace existing woodlands removed for development,
estimated canopy cover 20 years after planting shall be used to calculate
the equivalent canopy cover provided.
4.Public acquisition of title to or permanent conservation easements
on developable lands with equivalent woodland resources located outside
of the project area. Total area, canopy cover, woodland type, and
habitat value shall be considered in determining whether offsite resources
are equivalent to those of the project site.
Methods that protect and enhance existing woodlands shall be given
precedence over those that restore non-wooded lands. Protection of
woodlands within the project area shall be given precedence over off-site
acquisition. The location of off-site mitigation areas is subject
to the approval of the approving authority.
[Example code by the authors]
CEQA
The California Environmental Quality Act (CEQA) provides another possible
avenue for addressing woodland protection. It may be useful to include
provisions that clearly indicate under what circumstances an Environmental
impact Report (EIR) is required. This may require two steps.
First, the provision should state under what circumstances tree removal
or woodland alteration will be considered a "project' under CEQA and thus
subject to review. Second, the provision can set specific thresholds
for loss or disturbance of woodlands and forests that would be considered
"significant” under CEQA, and therefore require the preparation of an EIR.
Requiring the preparation of an EIR above a certain threshold may help
dissuade applicants from automatically requesting the maximum amount of
clearing provided for in the retention standards.
All tree removal requests coming under this subsection shall be subject to the requirements of the California Environmental Quality Act (CEQA).
[Monterey County Code Section 16.60.040C]
CEQA compliance. The proposed removal or disturbance of woodlands to
the maximum extent allowed under the Retention Standards shall require
the preparation of an Environmental Impact Report (EIR). Based upon the
specific characteristics of the site under consideration the approving
authority may also determine that lesser amounts of woodland removal or
alteration pose a significant adverse impact and require the preparation
of an EIR.
[Example code by the authors]
Permit process requirements
Permit applicants are normally required to provide the information necessary to decide if the proposed action meets the established standards for approval. This section should clearly indicate the general classes of information to be submitted with the permit application. The community forester or approving authority should be authorized to prescribe the specifics of the type and format of required information. Types of information that might be requested include base line information on the status of the resource before development, and information on the proposed changes and their expected impacts. This should include data on all components of the woodland, including tree resources, understory vegetation, wildlife, soils, and hydrology.
The Director of Planning and Building Inspection shall prescribe the
format and content requirements for the Forest Management Plan and maintain
a list of qualified and acceptable foresters to prepare the Forest Management
Plan.
[Monterey County Code Section 16.60.040C)
View or solar access ordinance provisions
The following set of provisions can be used as a guide for drafting
an ordinance to facilitate the resolution of conflicts between citizens
that pertain to trees on private property (Goal 9, page 17). The
provisions covering this goal may be included in the tree ordinance or
enacted as a separate ordinance. If tree dispute resolution provisions
are included within the tree ordinance, it will be necessary to include
appropriate references in provisions 3, 4, 10, 11, and 15. If a separate
tree dispute ordinance is developed, these provisions will need to be included
in the ordinance.
on the left side of the page is an explanation of the purpose of each
ordinance provision, a list of its key elements, and notes on its use and
implications. Example text for the ordinance provision is shown on
the right side of the page and is taken, wherever possible, from ordinances
presently in use in California. Example text is provided for illustration,
and may need to be modified or replaced with language that is suited to
meet local needs.
33. Procedures to be followed in resolving tree disputes
Purpose: To set forth procedures to be followed in resolving disputes over alleged obstruction of views or sunlight by trees.
Key elements:
-Procedure for notifying the tree owner of the complaint -Procedure
for resolving the claim -Position(s) responsible for hearing claims
Notes: When the tree owner is a private person, the procedure for
resolving the complaint usually involves a series of steps. The
procedure is initiated by notifying the tree owner of the complaint in
writing. The complaining party and the tree owner may then attempt
to resolve the conflict informally in face-to-face meetings or through
the use of a mediator. If this is unsuccessful, a formal procedure
for mediating the dispute is initiated.
Some jurisdictions require a public hearing before a city committee
in the event that private reconciliation or mediation fails to resolve
the dispute. In this case, the findings of the committee may be subject
to appeal. In other jurisdictions, binding arbitration is an option.
No appeals are allowed if binding arbitration is elected.
Responsibility for hearing disputes should be designated. If
a committee, such as a community tree board already exists, this could
be one of its responsibilities. If a new committee needs to be constituted
to settle disputes, its makeup should be specified in the provision.
A claimant who believes in good faith that the growth, maintenance or
location of trees situated on the property of another diminishes the beneficial
use, or economic value of his or her property because the tree interferes
with the access to sunlight or views naturally accruing to the property,
shall notify the tree owner in waiting of these concerns. The notification
should, if possible, be accompanied by personal discussions to enable the
complaining party and tree owner to attempt to reach a mutually agreeable
solution.
[San Francisco Public Works Code Section 823(a)]
A. Where the initial reconciliation attempt fails, the claimant shall propose mediation as a means to settle the dispute on a relatively informal basis. Acceptance of mediation by the free owner shall be voluntary. If mediation is elected, the parties shall mutually agree upon a tree mediator. ... The tree mediator shall not have the power to issue binding orders for restorative action, but shall strive to enable the parties to resolve their dispute at this stage by written agreement in order to eliminate the need for a healing before the Tree Commission or for litigation.
B. Where the initial reconciliation process fails and where mediation
has not resolved the dispute, the claimant and the tree owner shall be
subject to the findings and order of the commission following a noticed
heating..
[El Cerrito City Code Section 10.50.150]
When the city is the owner of the tree in dispute, a more streamlined procedure can be used. This procedure essentially calls for assessment of the validity of the claim in light of the standards in provision 34.
A claimant who believes in good faith that the growth, maintenance or
location of trees situated on City property diminishes the beneficial use,
economic value, sunlight, or the enjoyment of views naturally accruing
to the claimant's property, may apply to the City on a form approved by
the Public Works Director...,411 view claims found by the City to be valid
shall be subject to restorative action...
[Sausalito City Code Section 11.12.040D]
34. Standards for resolution of tree disputes
Purpose: To establish standards to judge tree dispute claims.
Key elements:
-Documentation to be submitted by the complaining party -Standards
for evaluating views -Standards for assessing the degree of view obstruction
-Standards for judging the positive and negative aspects of corrective
action
-Considerations for selecting restorative action
Notes: The complaining party is generally required to demonstrate that
view obstruction did not exist at the time they acquired the property.
The claimant is also required to demonstrate that the burdens imposed by
the tree outweigh the benefits that the tree provides.
To minimize the negative impacts on the trees involved, some ordinances
specify a hierarchy of potential corrective actions. Tree removal
and topping should be discouraged, and less drastic steps should be used
whenever possible.
In addicting all disputes, unless otherwise specifically provided,
the provisions of this chapter are to be utilized to resolve view claim
disputes.
A. The claimant has no right greater than that which existed at the
time of the claimant's acquisition of the property involved in the view
claim and shall provide evidence to prove the extent of that original view
and fight.
B. The character of a view shall be determined by evaluating.
1. The vantage point from which the view is obtained;
2. The existence of land marks or other unique features in the view;
and
3. The extent to which the view is diminished by factors other than
the
tree(s) involved in the claim...
C. The existence and character of the view obstruction shall
be
determined by evaluation:
1. The extent of the alleged view obstruction expressed as a percentage
of the total view, and calculated by means of a surveyor's transit or by
photography or both; and
2 The extent to which landmarks or other unique features in the view
are obstructed.
[El Cerrito City Code Section 10.20.1301
In resolving the tree dispute, the tree arbitrator or court shall consider
the benefits and burdens derived
from the alleged obstruction within the framework of the purposes of
this Article as set forth is Section 821 in determining what restorative
actions, if any, are appropriate. In proposing any given restorative
action the complaining party shall have the burden of proving that the
burdens posed by the tree owner's trees outweigh the benefits provide by
the trees with respect to the proposed restorative action.
(a) Burdens.
(1) The hazard posed by a tree to persons or structures on the property
of the complaining party including, but not limited to, fire danger and
the danger of falling limbs or trees.
(2) The extent to which the tree diminishes the amount of sunlight
available to the garden or home of the complaining party.
(3) The extent to which the tree interferes with efficient operation
of a complaining party's preexisting solar energy system...
(b) Benefits.
(1) Visual quality of the tree, including but not limited to, species
characteristics, size, growth, for&4 and vigor.
(2) Location with respect to overall appearance, design, and lour use
of the tree owner's property.
(3) Soil stability provided by the tree considering soil structure,
degree of slope, and extent of the tree's root system...
[San Francisco Public Works Code Section 824]
Any restorative action shall be evaluated based on the standards of
this article and consideration of the following.-
(1) The effectiveness of the restorative action in reducing the view
obstruction....
[Contra Costa County Code Section 816-2.612]
All restorative actions shall be undertaken subject to the following.
1. Restorative actions must be consistent with all applicable statutes,
ordinances and regulations.
2 Where possible, restorative actions shall be limited to the trimming
and /or thinning of branches, but, when such is not a feasible solutior4
windowing is the preferable solution...
[El Cerrito City Ordinance Section 10.50.130G]
35. Apportionment of tree dispute resolution costs
Purpose: To establish a method for assigning costs associated with the dispute resolution process and restorative actions.
Notes: The method by which costs are assigned should be specified for both private party disputes and private party-city disputes. Generally, the claimant is assigned the greater share of the associated costs, and may bear all costs if the claim is rejected.
... The costs of all mandated restorative actions and /or replacement
plantings shall be apportioned between the claimant and the tree owner
as mutually agreed to, or in the absence of agreement as follows: ...
[El Cerrito City Code Section 10.50.15OC(2)]
(a) The complaining party and the treeowner shall each pay 5O percent of the costs of the arbitrator's personal fee, if any.
(b) The complaining party shall pay 100 percent of both parties' reasonable
attorneys' fees in the event that his or her claim is finally denied, or
no action is ordered pursuant to Section 824(c). In all other cases
the complaining pane and the tree owner shall each pay his or her attorney's
fees. Court costs shall be allocated to the parties at the court's
discretion.
[San Francisco Public Works Code Section 825]
36. Recording
for notification of future owners
Purpose: To provide notice to future property owners of limitations on the property associated with a tree dispute resolution.
Any final decision of the tree commission or the City Council, in the
case of an appeal, which provides for limitations on the property of a
tree owner shall be recorded so that record notice of the decision is given
to successors in interest of the free owner's property.
[El Cerrito City Code Section 10.50.202]
37. Enforcement
of tree dispute resolutions
Purpose: To describe methods for enforcing the tree dispute resolution process.
Key elements:
-Legal classification of violations
-Descriptions of available enforcement options
Notes: The local government may choose to enforce the tree resolution process through its police power, or it may establish the process as "self-enforcing'. in the latter case, enforcement is normally provided through civil legal action initiated by the complaining party.
Violations of this chapter are not misdemeanors or infractions. Enforcement
of this chapter shall be by the involved private parties. Any claimant
may seek to enforce any restorative action mandated pursuant to this chapter
through ordinary legal proceedings.
[Contra Costa County Code Section 816-2.10041
Failure or refusal of any person to comply with a final decision under
this Chapter or to comply with any provision of this Chapter shall constitute
a misdemeanor and shall be punishable by a fine of $1,000 or six months
in County Jail, or both. Failure or refusal of any person to comply
with a final decision under this Chapter shall further constitute a public
nuisance which may be abated in accordance with the procedure contained
in Chapter 8.24 of the Title..
[Rolling Hills City Code Section 8.32.0701