Return to draft of Cambridge Tree Ordinance dated October 11,
1999
Return to draft of Cambridge
Tree Ordinance dated Sept. 16, 1999
Return to Cambridge Tree Project Homepage.
Return to Other Ordinance page
Return to Massachusetts Ordinances page.
Preface: This draft ordinance is an attempt to be comprehensive
of tree protection strategies that we in Cambridge may want to consider.
We may not choose to adopt every section below. And we may choose to add
additional sections. List of Sections:
I. Title: Cambridge Tree Ordinance
II. Findings:
III. Statement of Purpose:
IV. Definitions:
V. Jurisdiction
VI. Policies regarding trees
VII. Disclaimer of liability
VIII. Interference with planting and maintenance
IX. Appeals
X. Penalties
XI. Enforcement
XII. Severability
XIII. Advice and Assistance
XIV. Comprehensive Plan
XV. Replacement Tree Policy
XVI. Responsibilities of Owners
XVII. Planting and Maintenance Requirements
XVIII. Harming Public and Certain Other Trees Forbidden
XIX. Permits for Development/Construction
XX. Protected Tree Program and Tree Hearings
XXI. Permits for Development/Construction
XXII. Protected Tree Program and Tree Hearings
I. Title: Cambridge Tree Ordinance
II. Findings:
Include number of street and park trees, number of street elms,
8-10 year tree life
III. Statement of Purpose:
A. The purpose of these standards is to facilitate the preservation
and/or replacement of trees as a part of land development in Cambridge
B. The Cambridge City Council hereby finds that the preservation
of existing trees is a public purpose that protects the public health,
safety, general welfare and aesthetics of City of Cambridge and all its
citizens.
C. The citizens of the City and their many communities enjoy many
benefits that can be directly attributed to our trees.
1. Trees produce oxygen, which is essential to the well being of
all animal life, including humans.
2. Trees help to reduce the amounts of airborne pollutants. For
example, trees remove carbon dioxide, that is a major environmental concern
due to its current high levels.
3. Trees and their foliage intercept dust and particulate matter,
thereby helping to purify our air and limiting health risks.
4. Trees and their root systems reduce soil erosion and storm water
runoff. This decreases sedimentation problems and improves water quality.
Trees minimize the cost of construction and maintenance of drainage systems
necessitated by the increased flow and diversion of surface waters
5. Trees provide food and shelter for desirable urban wildlife.
Trees can provide a haven for birds which, in turn, assist in the control
of insects
6. Trees provide screening, which in turns aids in the reduction
of noise and glare.
7. Trees help moderate our air temperature to provide us with a
comfortable environment.
8. Trees provide scenic amenities to soften the harshness of city
buildings and streets. They are aesthetically pleasing to all that view
them.
9. Trees may affect property values and can have a positive impact
upon the economy of an area.
10. Trees can enhance the natural functions of streams and related
buffers.
11. Trees provide a protective physical and psychological barrier
between pedestrians and traffic;
12. Trees create special places that are inviting;
13. Trees create a civic identity
14. Treed landscapes decrease physiological stress. Viewing trees
decreases hospital stays and use of pain medication by patients.
15. Landscaping is economically beneficial in attracting new residents,
visitors and industry.
D. Educate citizens and developers about the importance of trees
including best management practices for maintaining trees. Urban trees
are a fragile public resource and may be damaged or destroyed through malicious,
careless, or even well intentioned actions.
1. Encourage the proliferation and replacement of trees on public
and private property;
2. Allow trees to attain their natural shape and size while growing
to maturity,
3. Provide standards for the preservation of trees as part of the
land development process.
4. Prevent clear-cutting and mass grading of land that results in
the loss of mature trees, and to ensure appropriate replanting when tree
loss does occur.
5. Protect trees during construction to enhance the quality of life
in Cambridge
6. Protect trees in construction of public facilities and utilities.
7. Establish and maintain appropriate diversity in tree species
and age classes to provide a stable and sustainable urban forest.
IV. Definitions:
The following words, terms, and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
context clearly indicates a different meaning:
(1) Caliper means the diameter of a tree trunk, applied only to
new or replacement plantings, that is taken six (6) inches above the ground
for up to and including four-inch caliper size, and twelve (12) inches
above the-ground for larger sizes.
(2) Critical Root Zone means an area of root space that is
within a circle circumscribed around the trunk of a healthy tree using
a radius of 1 foot per inch DBH.
(3) The Arborist means the City of Cambridge employee having the
primary responsibilities of administration and enforcement of the Tree
Protection Ordinance. The Arborist shall have four or more years of experience
in the cultivation, care, and maintenance of trees, and certification by
the International Society of Arboriculture.
(4) DBH (Diameter at breast height) means the diameter of
a tree trunk measured in inches at a height of 4 feet above -the
ground. If a tree splits into multiple trunks below 4 1/2 feet, then the
trunk is measured at its most narrow point beneath the split.
(5) Development Permit means an official authorization issued
by the Department of Public Works, allowing defoliage or alteration of
the site, or the commencement of construction activities.
(6) Director means the Commissioner of the Department of Public
Works or the Commissioner's designee.
(7) Protected Zone means all areas of a parcel required to
remain in open space, including all areas required as yard areas buffers,
transitional buffer zones or landscaped areas according to provisions of
the Cambridge Zoning Ordinance or by conditions of zoning or variance approval.
{see DeKalb County Georgia's zoning ordinance for reference.}
(8) Significant tree means any existing, healthy, living tree
eight (8) inches DBH or greater in size.
(9) Specimen Tree means any tree which has been determined
to meet the criteria within this Chapter for the determination of specimen
trees.
(10) Transitional buffer zone means a planted buffer area
between two different land use zones which is intended to provide protection
between said land use zones and which meets the criteria for said buffer
as specified in City of Cambridge ordinances. { reference Chapter 27 of
the DeKalb County Ordinances. }
(11) Tree means any living, self-supporting, woody perennial
plant which has a trunk caliper of two (2) inches measured at a point six
(6) inches above the ground and which normally attains a height of at least
ten (10) feet at maturity usually with one (1) main stem or trunk and many
branches.
(12) Tree Harvesting means the felling, loading, and transporting
of timber products done pursuant to a special exception issued by the Zoning
Board of Appeals.
(13) Tree Save Area means the boundaries of the area or areas
surrounding trees wherein it is essential that they remain undisturbed
in order to prevent damage and loss of trees which are to be retained on
site during the development and building process.
(14) Tree Replacement means the replacement of trees and landscape
plant materials into the minimum required landscape areas, as determined
by the zoning regulations or the Tree Protection Ordinance.
(15)Additional definitions may be proposed by the Arborist and approved
by the Committee on Public Planting.
V. Jurisdiction
A. The City of Cambridge 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.
B. The terms and provisions of the Tree Protection Ordinance shall
further apply to any residential or non-residential development which requires
the issuance of a development permit or building permit that would allow
land disturbance, except as otherwise provided.
C. This ordinance applies to protected and landmarked trees located
on public and private properties.
VI. Policies regarding trees
A. 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.
B. It is the policy of the city to encourage new tree planting on public
and private property and to cultivate a flourishing urban forest.
C. It shall be the policy of the City to maximize the planting of trees
alongside the streets of the city.
D. 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.
E. It is the policy of the City that no tree located in a 100 year
flood plain shall be removed except as otherwise provided in Article XIX
or as necessary for construction, repair or maintenance of public roads,
utilities or drainage structures or as part of an approved wetland mitigation
plan, when approved by the Arborist.
VII. Disclaimer of liability
A. 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
B. The person in possession of public property or the owner of any
private property shall have a duty to keep the trees upon the property
and under their control in a safe, healthy condition. Any person who feels
a tree located on property possessed, owned or controlled by them is a
danger to the safety of themselves, others, other trees, or structural
improvements on-site or off-site, shall have an obligation to secure the
area around the tree, support the tree, or remove diseased limbs as appropriate
to safeguard both persons, trees, and improvements from harm.
VIII. Interference with planting and maintenance
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.
IX. Appeals
A. Should a dispute arise in the administering of this chapter, an
appeal can be requested by petitioning, in writing to the Arborist. The
Arborist will have ten (10) working days to reply make a recommendation
to the City Manager. In such event, the City Manager shall consult with
the Arborist. The City Manager will have ten (10) working days from the
filing of the appeal to reply in writing. Should this also provide an unsatisfactory
resolution, a second appeal can be requested by petitioning the City Council.
The City Council will act upon the petition within thirty (30) days from
the date of receiving the petition.
B. The appeal by the person aggrieved or affected by any decision of
the Municipal Arborist relating to the application of these regulations
must be filed within 30 days of the decision.
C. Appeals shall only be granted for errors of interpretation or where
the unique natural features of the site are such that application of these
regulations would create undue hardship to the property owner, and in other
instances where undue hardship is created for the owner of the property.
X. Penalties
A. 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. Any builder, contractor, or agent who may have assisted
in the commission of any such violation, shall be guilty of a separate
offense. All such violations which are of a continuing nature shall constitute
a separate offense for each day of such continuance, and each tree removed
shall constitute a separate offense. Any violation of this chapter
shall also constitute a public nuisance and may be enjoined and abated
as provided by law.
B. 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.
C. Any trees eight inches (DBH) and over which have been removed in
violation of this ordinance shall be replaced by the violator with six
(6) inch caliper replacement trees equal to the unit value of the trees
removed. Specimen trees will be replaced with six (6) inch caliper
trees equal to twice the unit value of the trees removed.
XI. Enforcement
The Arborist 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.
XII. Severability
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.
XIII. Advice and Assistance
A. The City Arborist shall call on the following persons and committees
for advice and assistance: the Public Works Commissioner or his designee,
the Community Development Department the City's Open Space Committee, members
of the Committee on Public Planting, the Arts Council, the Conservation
Commission and the Historical Commission, all of which shall be invited
to provide assistance and advice to the Arborist on projects which fall
within the jurisdiction of those departments.
B. The Arborist shall offer advice and assistance on proper care and
maintenance of trees to property owners, developers, and other members
of the public, via the City Web pages and documents to be kept on file
at all branch libraries.
XIV. Comprehensive Plan
Within three years of the adoption of this Ordinance, the Arborist
with the advice and participation of the Public Planting Board and the
entities listed in Article XIII above, shall adopt an Urban Forest Management
Plan. Throughout the entire management plan process, public input and public
education should be given high priority. The Arborist thereafter shall
use its best efforts to insure that activities of the Arborist 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) An inventory of every street tree and any other trees deemed
necessary by the Arborist including Significant trees, Memorial trees,
Client tree program, and [insert new nomination program (Protected trees?)],
which inventory shall include, as appropriate, species, age, condition
maintenance records, 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;
(c) A Street-Tree Renewal Plan, [and gateway tree plan? A sidewalk
and sewer replacement plan? And major road tree plan? A traffic slowdown
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-up of potentially problematic monocultures;
(d) A set of Standards for the Arborist 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. Such Standard shall include consideration
of ANSI 800 pruning specification [insert ISA language & MA standards]
(e) The following additional elements: identification of planting sites;
prioritized planting plan; standards for tree selection, siting, planting,
and pruning; -scheduled maintenance for new and established trees; watering,
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 wastewood. In developing these Standards the Arborist
shall reference the Draft Cambridge Tree and Park Maintenance Plan [developed
by ?]
(f) In an effort to improve public awareness and attitudes regarding
the importance of trees and their environment to this community, this program
will enlist public participation in identifying those trees which, by virtue
of their size, age, historic significance, or other uniqueness, can be
recognized as being the most noteworthy representatives of their kind in
Cambridge. It is further expected that the recognition and attendant honor
will provide for the enhanced protection of these, and ultimately other,
trees in our community.
XV. Replacement Tree Policy
1.The first priority is to protect all trees on the site whenever possible.
The trees to be saved should be protected with fences, signs, ropes, etc.,
to protect the root zones as well as the tree trunks and branches. Transplantable
trees in the non-protected zone should be moved into the protected area
either permanently or during the construction period for later moving to
their permanent sites within the construction area.
2. All protected trees removed in accordance with this Ordinance shall
be replaced in accordance with the following criteria. The replacement
standards shall be listed on the permit.
Each Existing Tree will be replaced By Replacement Number. Based on
plan developed by the Arborist in consultation with the Public Planting
Committee within one year. Possible plan might be similar to this one with
smaller caliper trees.
Any tree with less than 6" DBH 1 2 1/2" in Caliper planted to meet
the landscape ordinance.
2 1/2" in caliper to 6" DBH Oak Tree 1 3" in Caliper
1 tree, over 6-9" DBH 2 4" in Caliper
1 tree, over 9-12" DBH 3 4" in Caliper
1 tree, over 12-15" DBH 5 4" in Caliper
1 tree, over 15"+ DBH 7 4" in Caliper
(3) Any tree removed without a permit must be replaced with trees (not
necessarily the same species) whose total basal area equals the basal area
of the tree removed. All replacement trees shall be at least 4" caliper
and shall be considered required trees as part of a required landscape
plan. As many trees as possible will be replaced. The tree(s) must be placed
in the same location as where the tree(s) was removed (unless imposing
an unreasonable hazard) and be maintained in good health.
4. When replacement of trees is not possible, the equivalent value
of the tree as well as projected costs for installation and maintenance
will be assessed by the Arborist and cash received from the property owner
will be placed in the City of Cambridge Tree Preservation Account for planting
trees on public property.
XVI. Responsibilities of Owners
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 trees 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. Every owner of any tree overhanging any street or right-of-way within
the Town shall prune the branches so that such branches shall not obstruct
the light from any street intersection and so that there shall be a clear
space of eight (8) feet above the surface of the street or sidewalk. Said
owners shall remove all dead, diseased or dangerous trees, or broken or
decayed limbs, which constitute a menace to the safety of the public or
other trees. The Town shall have the right to prune any tree or shrub on
private property when it interferes with the proper spread of light along
the street from a street light of interferes with visibility of any traffic
control device or sign.
C. Should any person owning real property bordering on any public street
fail to comply as hereinabove provided, the Arborist shall order the owner
to take corrective action within fifteen (15) days after receipt of written
notice. The order required herein shall be served by mailing a copy of
it to the last known address of the property owner.
D. When a person to whom an order it directed shall fail to comply
within the specified time, it shall be lawful for the city to prune such
trees or shrubs or to pay for such pruning, and the cost thereof shall
be assessed to the owner.
XVII. . Planting trees in the Public Way
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 Arborist, who shall supervise such planting and locating.
XVIII. Planting and Maintenance Requirements
A. No person or city agency shall plant, spray, fertilize, prune, remove,
replace or otherwise disturb any tree or shrub on any public street, park
or other city-owned property without first submitting a written request
therefor and obtaining written permission from the Arborist. Requests for
written permission shall be acted on within five (5) business days of filing
the written request with the Arborist. All work for which such permission
is given shall be done in accordance with the Department of Public Works
rules and regulations.
B. Persons or city agencies conducting regular maintenance work on
trees or shrubs may be granted general permits to cover their work on a
yearly basis.
C. It is the responsibility of the Arborist to determine if trees or
shrubs on city-owned property are hazardous and to remove dead or hazardous
trees or shrubs from city-owned property. If replacement is recommended
by the Arborist, the city shall replace the tree or shrub within one (1)
year of removal.
D. Wherever it is necessary to remove a tree or shrub from a public
right-of-way in connection with the paving of a sidewalk or the paving
or widening of a street, the city or responsible agency or person shall
replant such tree or shrub or replace it. If conditions prevent planting
in the right-of-way, this requirement may be satisfied by planting on the
adjoining property if the property owner agrees.
E. Requests from private citizens that new street trees be planted
near their property shall be accommodated in accordance with planting priorities
set by the Arborist in consultation with the Public Planting Committee
F. Specifications governing tree species, size, spacing, method, and
location of planting, and a maintenance plan, including watering and irrigation,
shall be approved by the Arborist. Inspection of the trees by the Arborist
shall be carried out, whenever possible, prior to planting in order to
ensure tree health and quality. Whenever any person is required
to replace a tree pursuant to this chapter, a one-year guaranty of the
tree's health shall be provided for such replacement trees.
G. When roots of 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. Where 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 Arborist shall be responsible for developing or approving
corrective measures in consultation with the city engineer. All trees shall
be planted in good condition and meet "American Standard for Nursery Stock"
(1990), ANSI Z60.1-1990, as may be amended.
H. The developer shall plant, or install, as appropriate grass, tree
grates, porous pavers, or similar pervious surfaces, which shall extend
to twice the initial drip line of the newly planted tree. Minimum tree
grate size shall be five square feet.
I. Buffers {Should we include this section for Cambridge?}
(1) Stream Buffers:Undisturbed," natural buffers not less than 25 feet
in width shall be provided and maintained unless a buffer of greater width
is otherwise required in this Chapter.
(2) Land Use Transition Buffers: Buffers shall be provided between
dissimilar districts or uses in accordance with the provisions of the Zoning
ordinance or as a condition of zoning, special land use permit or variance
approval.
a. Buffer planting shall meet the minimum width requirements contained
in of Ordinances, except as authorized to be reduced by a condition of
zoning, special land use permit or variance approval. {refer to Chapter
27 of the DeKalb County Code}
b. Disturbance or Encroachments
1. Ditches, swales, stormwater conveyance facilities, stormwater
detention ponds, sanitary sewer conveyance facilities, and any associated
easements, shall not encroach into a buffer except that necessary access
and utility crossings (e.g. stormwater or sanitary sewer pipes) may encroach
into the buffer as near to perpendicular as practical.
2. Supplemental plantings or replantings of vegetation or authorized
non-vegetative screening devices shall be authorized to encroach into a
buffer provided there is minimal disturbance of -any existing vegetation.
3.Dying, diseased or dead vegetation may be removed from a buffer provided
minimal disturbance occurs. Vegetation thus removed shall be replaced where
necessary to meet the screening requirements contained herein.
c. Protection During Land Disturbing Activities
1.During authorized land disturbing activities, buffers-shall be clearly
demarcated and protected prior to commencement of, and during, construction.
2-The method of demarcation and protection utilized shall be in accordance
with best management practices or as required by the Arborist.
XIX. Public Nuisance and Abatement
1. 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 may constitute
a public nuisance upon determination by the City Arborist..
2. The following shall constitute a public nuisance:
(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.
3. Upon a determination by the Arborist 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 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...
4. 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 Arborist
shall be deemed a violation of the provisions of this chapter, and the
Arborist may then remove or trim such tree and assess the cost thereof
against the property.
XX. Harming Public and Certain Other Trees Forbidden
1. 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 any tree of an endangered or
threatened species, or any tree otherwise designated as Protected pursuant
to Articles XIV(b) and XXII herein, 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.
2. Without written permission from the Arborist, no person or city
agency shall:
1. Undertake any construction or development activity (including but
not limited to the excavation of any ditches, tunnels, or trenches or the
laying of pavement) within the dripline of any city tree or shrub.
2. Move or park vehicles associated with any construction or
development activity that may affect any tree or shrub on city property.
3. No person shall attach in any manner any animal or bicycle under
his or her care, custody, or control to any tree, shrub, or other planting,
or to any post or pole growing or being in any public place within the
city.
4. It shall be unlawful as a normal practice for any person, firm,
or town department to top any Street Tree, Park Tree, or other tree on
public property. Topping is defined as the severe cutting back of limbs
to stubs larger than three inches in diameter within the tree's crown to
such a degree so as to remove the normal canopy and disfigure the tree.
However, trees severely damaged by storms, other causes, or certain trees
under utility wires or other obstructions where other pruning, practices
are impractical may be exempted from this ordinance at the determination
of the Arborist.
XXI. Permits for Development/Construction
Procedures.
(1) Application Requirements
a. Pre-Application Conference of Seminar
Prior to submission of an application for development, the applicant
is encouraged to meet with the Arborist to discuss the Tree Protection
Ordinance as it relates to the applicant's property, and/or attend a Tree
Protection Seminar. The purpose of the pre-application conference is to
clarify the provisions and procedures of the Tree Protection Ordinance
and review applicable standards and guidelines for the submittal of documents
and required tree protection, replacement, and maintenance measures.
b. Tree Survey
Except as Provided elsewhere in this Section, a tree survey shall be
required as part of any application for a development permit. Except as
provided elsewhere in this Section all trees eighteen (18) Inches (DBH)
and larger shall be identified. Specimen trees shall be identified by size,
species and location. Trees larger than two (2) inches (DBH) may be identified
and counted for unit-credit on the Tree Protection Plan.
(2) Tree Protection Plan
A Tree Protection Plan shall be submitted with other permit drawings-as
part of the development permits process. This plan may either be a separate
drawing, or part of a landscape plan, and shall include the following information-:
a. Definition of spatial limits:
1.Limits of land disturbance, clearing, grading, and trenching;
2. Tree save areas;
3. Specimen trees; and
4. Areas of revegetation-
b. Detailed drawings of tree protection measures and their location:
1 Location, species and size (DBH) of existing significant trees
and an indication of which significant trees would remain on the site.
2. Tree fences;
3. Erosion control fences;
4. Tree protection signs;
5. Tree wells;
6. Aeration {and irrigation }systems;
7. Transplanting specifications;
8. Staking specifications; and
9. 0ther applicable drawings as determined by the Arborist.
c. The Tree Protection Plan shall show all utility lines existing and
proposed, including irrigation and electric lighting lines. The developer
shall coordinate the location of these utility lines with the utility companies
in order to prevent root damage within the critical root zones of protected
tree s, and to minimize damage to trees located in protected zones.
d. Procedures and schedules for the implementation, installation, and
maintenance of tree protection measures, including taking into consideration
seasonal planting requirements.
e . Calculations of tree density proposed on site per Section XV Tree
Preservation and Replacement Requirements.
f. The Developer will further be required to assign an individual on
site to assure that barriers are maintained and the Plan adhered to; a
stop work order will be issued at any point of unauthorized departure from
the Plan and a system of fines will be developed to cover costs of soil
enhancement and tree replacement, if "damage" (soil compaction, root severance,
decline in vigor, etc.) occurs.
g. Tree Protection Inspection Following the receipt of
a complete application, the Arborist shall schedule and conduct an inspection
of the proposed development site. The applicant or applicant's designee
shall be advised as to the date and time of the inspection and given
aft opportunity to participate.
h. Following inspection said plans shall be reviewed by the Director
for conformance with applicable zoning conditions, the Tree Protection
Ordinance, and any applicable administrative guidelines, and will either
be approved or denied. Reasons for denial shall be noted on the Tree Protection
Plan or otherwise stated in writing.
i. No development or building permit shall be issued until the Tree
Protection Plan has been approved by the Arborist.
j All tree protection measures shall be installed prior to land disturbance.
k. Single lots in platted residential subdivisions on which the applicant
intends to reside may be exempted from the Tree Protection Plan requirements
at the discretion of the Arborist.
(3) Final Inspection. No certificate of occupancy shall be issued
by the Building Inspector with respect to any permit subject
to this Section unless and until the Arborist shall have inspected the
site and confirmed that all existing trees to remain are in
healthy-condition and all replacement trees have been planned in
accordance with this Section.
(4) Issuance of a building or land development permit shall be
conditioned on the approved Tree Protection Plan and conformance to the
provisions of these regulations. Any permit may be voided if its terms
are violated.
XXII. Protected Tree Program and Tree Hearings
1. The City hereby declares that the following are protected trees:
4. In the case of removal of any public Tree or Protected tree, the Arborist 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 protected or heritage tree is located, placed in two newspapers of local circulation, and 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, by the applicant. Written objections must be received before or during the hearing. The Arborist will write a letter of recommendation to the City Manager. The City Manager will write the decision. Appeal can be made to the City Council.
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