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HomeMy WebLinkAbout4258 ORDINANCE NO. AN ORDINANCE regulating the planting, removal, maintenance, and protection of municipal trees and shrubs, and trees and shrubs directly affecting public areas in the City of Bremerton, Kitsap County, Washington. THE CITY OF BREMERTON DOES ORDAIN: Section 1. New Chapter. A new chapter 13.10, MUNICIPAL TREES AND SHRUBS, is hereby added to the Bremerton Municipal Code to read as follows: 13.10.010 PURPOSE. It is the policy of the City of Bremerton, to regulate and control planting, removal, maintenance and protection of trees and shrubs on public areas of the city to eliminate and guard against dangerous conditions which may result in injury to persons using public areas of the city; to promote and enhance the beauty of the city; to prevent damage to any public sewer or water main, street, sidewalk or other public property; to protect trees and shrubs located in public areas from undesirable and unsafe planting, removal and maintenance; to guard all trees and shrubs on public areas against the spread of disease and pests; and to increase public awareness of tree benefits and proper planting and maintenance practices through education. The provisions of this ordinance shall apply 1) to all trees and shrubs presently or hereafter planted in or upon any public area; and 2) to all trees and shrubs planted in or upon any private premises which directly affect public sewers, water mains, sidewalks, streets, public property, or safe viewing distances at intersections. 13.10.020 DEFINITIONS. A. "Hazardous tree or shrub" shall be defined as any tree or shrub or part thereof growing on private or public property which endangers, obstructs or impairs the free and full use of a public area, including utilities within these areas or is afflicted with or weakened by a contagious or fatal disease that might affect public areas. B. "Maintenance or protection" shall include but not be limited to all operations of watering, trimming, pruning, spraying, bracing and other actions necessary to the health and aesthetics of the tree or shrub. C. "Public area" shall include all public rights-of-way and the lands owned or leased by the city, except lands managed by the Utility Department. D. "Street trees" shall include trees or shrubs growing within City rights-of-way. E. "Trees and/or shrubs" shall include all woody vegetation presently or hereafter planted on any public areas. 13.10.030 RESPONSIBILITY FOR MUNICIPAL TREES. A. The City Parks Department will be responsible for the maintenance or removal of existing trees and shrubs on public areas which it has been maintaining up to the present, as well as future plantings performed by the Parks Department. The Parks Department may assume responsibility for existing street tree plantings by including them in its Master Street Tree Plan. The Public Works Department or Parks Department will be responsible for the determination of hazardous trees or shrubs within or adjacent to public areas. Trees and shrubs determined to be hazardous to the use of public rights-of-way shall be abated in accordance with procedures set forth in Chapter 11.16. B. Private property owners will be responsible for the maintenance, except for pruning, and liability of street trees adjacent to their property that have been planted by the owner or prior owner, or for which responsibility has been assumed by the owner through agreement with the City. Property owners and occupants are responsible for notifying the Public Works Department in the case of street trees which are the City's responsibility adjacent to their property, which are creating a hazard, so that remedial action can be taken. Private groups may arrange for the planting or maintenance of areas of street trees under the authorization of the Parks Department. 13.10.040 DAMAGE TO TREES AND SHRUBS. No person shall in any public area of the City subject to Parks Department management under Section 1: A. Break, injure, mutilate, kill or destroy any tree or shrub; or permit any animal under his control to do so; B. Permit any fire to injure any portion of any tree or shrub. C. Permit any toxic chemical to seep, drain, or be emptied on or about any tree or shrub. During building operations the builder shall erect suitable 3 protective barriers around street trees which may be injured. 13.10.050 FASTENING MATERIALS TO TREES OR SHRUBS. No person shall fasten any sign, rope, wire, or other materials to, around or through any public trees or shrubs without obtaining permission from the Parks Department, except in emergencies such as storms or accidents or to stabilize young trees; Provided, temporary directional signs or decorations may be attached to street trees, upon prior approval of Parks Department, for public holidays or celebrations. 13.10.060 PUBLIC UTILITIES. Public utility work affecting trees or shrubs on public areas shall be limited to the actual necessities of the services of the company and such work shall be done in a neat and professional manner. The utility shall consult the Parks Department concerning maintenance on public areas should any trees need to be topped or removed so that they may suggest ways to preserve the beauty or symmetry of the tree and keep removals to a minimum. 13.10.070 MASTER STREET TREE PLAN. A Master Street Tree Plan shall be developed by the Parks Department and approved by Council resolution. It will be based upon an inventory of existing street trees and an evaluation of the site and space factors which will aid in the determination of the trees best suited for Bremerton's urban environment and result in the development of a long-range plan for future planting and maintenance. 13.10.080 PLANTING AND MAINTENANCE STANDARDS. The following standards for planting and maintenance of trees and shrubs 4 established in public areas are hereby established: A. Planting: 1. It shall be unlawful to plant any street tree without an approved Street Tree Permit, to be issued by the Parks Department without charge, upon compliance with the provisions of this Chapter. Application shall be on a form supplied by the Parks Department or City Permit Center and shall include a sketch showing planting location. 2. All trees will not be less than one and one half inch caliper and be No. 1 grade, as defined by the American Association of Nurserymen (AAN). 3. No tree shall be planted closer than two feet from the curb line or 10 feet from a driveway or alley. Trees shall be spaced at intervals of 20 feet apart or greater depending upon species and the expected height of the tree at maturity. Plantings at or near intersections shall be spaced in accordance will sight distance specifications set by the City Zoning Ordinance. 4. Sidewalk cuts, where necessary, will be a minimum of 3 feet in diameter so as to allow the natural percolation of water. Paver blocks, cobblestones, tree grates or other permeable surfaces shall be used to fill sidewalk cuts around the tree. 5. All young trees shall be securely staked and guyed 5 until the roots become established, for a minimum of one year. 6. The Parks Department shall promulgate lists of prohibited and recommended trees for use as street trees, based on the tendency of various species to cause damages to sewer, sidewalks and pavement; to interfere with public utility lines; or which may present hazards due to weak wood, shallow roots, thorns, fruit or sap drop, drooping branches, or susceptibility to insects or disease. 7. Public trees and shrubs planted prior to the passage of this ordinance are exempt from these planting standards. 8. Public Education programs regarding tree planting, care and maintenance will be provided by the Parks Department in conjunction with Arbor Day festivities each year in April to encourage public involvement in tree planting. 9. The Parks Department shall develop a brochure to provide the public with information regarding proper tree selection, planting and maintenance and property owner responsibilities. B. Trimming: 1. Trimming of any tree on any public area shall be authorized by the Parks Department or performed by City employees at the discretion of the Department. 6 2. Ail trees and shrubs which have branches overhanging a public street shall be trimmed to a clearance height of fourteen (14) feet. Those overhanging a public sidewalk shall be trimmed to a clearance height of eight (8) feet. The provisions of this section may be waived by the Parks Department in the case of newly planted trees so long as they do not interfere with public travel or sight distances at intersections, or endanger public safety. 2. All dead wood, stubs, broken branches, badly formed branches, diseased branches, and branches interfering with public travel, lighting, existing buildings and traffic signs shall be removed during the trimming operation, with consideration given to the symmetry and beauty of the tree or shrub. C. Removing: 1. All trees and shrubs which have been removed from public areas shall be completely removed from the growing site and disposed of in an authorized manner. The stump shall be ground out to a depth suitable for future planting of trees or turf. 2. When public trees or shrubs are removed because of inappropriate location, a more appropriate site for replacement will be selected in as close proximity as spacing permits when at all possible. Trees 7 removed due to health, age, size for its location, or undesirable species type shall be replaced, when possible, with a healthier, or more suitable tree or shrub which will not produce the same problem. 3. No tree or shrub shall be removed from any public area subject to Parks Department management for the sole purpose of providing a view from any public or private property. 4. No damages or replacement costs shall be awarded for the necessary removal of any tree or shrub from any public area. D. Maintenance: 1. All street trees should receive extensive routine maintenance on a 4 year cycle. 2. Special consideration will be given to the watering, weeding and protection of young trees during the first three years. 3. The use of biological controls and sprays will be encouraged and used by city employees whenever possible in the treatment of insect infestations in trees on city lands and rights of way. 13.10.090 NUISANCE ABATEMENT. A. Representatives of the City Parks or Public Works Department or its representative, after giving written notice to the owner or tenant having charge, shall have authority to enter private property at reasonable times for the purposes of examining 8 and inspecting any suspected hazardous tree or shrub. Ail hazardous trees or shrubs to be removed under this Chapter may be appropriately marked by the City Parks or Public Works Department. B. If a tree or shrub is determined to be hazardous to public areas other than public rights-of-way, the owner and occupant of the premises shall be notified in writing of the hazard and recommendations for abatement. Within ten (10) days of said written notice, the owner shall respond regarding progress on abatement of the hazard. No damage shall be awarded the owner for the abatement of hazard trees or shrubs. In the case that the owner or tenant having charge of such premises shall refuse or neglect to comply with the terms of the written notice within 30 days after receiving it, the Parks Department shall cause removal, treatment or trimming of said tree or shrub. The expense thereof shall be charged against the owner of the property on which said tree or shrub is located. APPROVED by the City Council on the first reading this /~ day of ~,~ , 1989. PASSED by the City Council of the City of Bremerton this ~© day of ~ ~ r ~ [ ~ ~ NCER ~uncil Presi, ?' ~ , · APPROVED this day ~ 1989 ~E L~BE, Mayor 9 ATTEST: KATHLEEN L. McCLU'SKEY, ClerkJ