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ARTICLE 8
CALDWELL TREE ORDINANCE
CALDWELL TREE ORDINANCE
SECTION:
10-08-01: Statement Of Value
10-08-02: Purpose
10-08-03: Definitions
10-08-04: Applicability
10-08-05: Standards
10-08-06: Jurisdiction
10-08-07: Duties And Powers Of The City Forester
10-08-08: Controller Responsibilities
10-08-09: Nuisances Designated
10-08-10: Nuisance Abatement
10-08-11: Damaging, Destroying Or Topping Of Public Trees And Shrubs
10-08-12: Private Tree Service Fee Licensing And Certification
10-08-13: Licensee Responsibility
10-08-14: Permit Procedures For Individuals
10-08-15: Violations And Penalties
10-08-16: Tree Preservation And Mitigation
10-08-17: Planting Specifications
10-08-18: Recommended Street Tree List
10-08-19: Shrub
10-08-20: Not To Be Planted In Right-Of-Way
10-08-21: Dutch Elm Disease
The City of Caldwell has historically understood the value of community trees. Trees mitigate air pollution, improve water quality, conserve energy, reduce soil erosion, produce oxygen, calm our senses, enhance property values and beautify our surroundings. Healthy, strategically placed trees are valuable assets to the community of Caldwell.
(Ord. 3252, 3-16-2020)
(1) The City of Caldwell finds trees and shrubs are very important elements of the environment, providing many benefits. This article is intended to encourage the preservation, expansion, protection and proper maintenance of the city's trees and shrubs.
(2) This article establishes code regulations and standards necessary to ensure that the city continues to realize the benefits provided by the community forest. It is not intended to resolve or regulate disputes over trees on private property that do not affect general public safety. This article is enacted to:
A. Promote the general welfare of the city by establishing and maintaining the maximum amount of tree canopy coverage provided by trees.
B. Preserve and enhance the city's environmental, economic, social character and beauty through the appropriate selection of trees and shrubs.
C. Protect public safety, health and welfare.
D. Encourage site and utility planning, building and development practices to prevent indiscriminate removal or destruction of trees and avoid unnecessary disturbance to trees within the city and its Area of Impact by applying tree care standards contained in ANSI A300 standards. Reduce adverse impacts of land disturbing activities such as runoff from impervious surfaces, soil erosion and sedimentation pollution.
E. Maintain trees in a healthy, non-hazardous condition through application of tree care standards contained in ANSI A300.
F. Establish and maintain appropriate species diversity and age classes in order to provide a stable and sustainable community forest.
G. Establish a process by which trees are to be planted, pruned and removed.
H. Regulate those who engage in tree and shrub services.
I. Implement the goals and objectives of the city's Comprehensive Plan.
J. Educate the public about the protection and preservation of trees and shrubs.
(Ord. 3252, 3-16-2020)
As used in this tree ordinance, masculine, feminine, or neutral gender and the singular or plural shall be deemed to include the others wherever and whenever the context so dictates; the words "shall," "will," or "must" are always mandatory; the word "may" is permissive; and the word "should" indicates that which is recommended, but not required.
AMERICAN NATIONAL STANDARDS INSTITUTE (ANSI): A private nonprofit organization that administers and coordinates the U.S. voluntary standardization and conformity assessment system. The City of Caldwell relies upon this organization's standards for evaluating various landscaping applications.
APPLICANT: A person who is applying for a license, certification, or permit. Applicant, as applied to the development process, is understood to be the property owner or a person representing the property owner's interest with responsibility for abiding by the city's development standards.
ARBORICULTURE: The cultivation, study, planting, pruning, watering, removal and management of trees affecting their growth or maintenance; including the art of planting, dressing and managing trees and shrubs.
ARBORIST: Services provided for trees, including, but not limited to: planting, removal, pruning, tree inventories, appraisals, tree management and maintenance or the engaging in technical arboricultural practices.
ARBORIST SERVICE: Services provided for trees, including, but not limited to: planting, removal, topping, pruning, insect abatement or engaging in technical arboricultural practices. The providing of arborist services in Caldwell is subject to a licensing and certification process.
CALIPER: A measurement of the diameter of the trunk of a tree. The caliper of the trunk shall be measured at chest height for all trees. A diameter is determined by measuring in a straight line through the center of the tree from one side to the other at chest height.
CITY: The City of Caldwell.
CITY FORESTER: The city forester or the city forester's designee.
CLASS I TREES: Small trees which normally do not reach over 25-30' in height and width. Spacing is 20-30' feet between trees. Good for under power lines or smaller planting areas.
CLASS II TREES: Usually considered medium sized trees mostly planted for their shade and excellent use in the landscape and parkway plantings. Reaching 30-40'+ in height and width. Spacing 30-40' feet between trees.
CLASS III TREES: Many are long lived and attain large height and trunk diameter. When selecting a tree from this class, be sure to have ample room to accommodate it at maturity. May reach 70-100' in height and width at maturity. Spacing 40-60' feet between trees.
COMMUNITY FOREST: The sum of all trees and shrubs within the city.
CONIFERS: Provide year round greenery and screening because they retain their leaves year round. They serve as excellent wildlife shelters. Normally, they are not pruned and will need large growing areas away from buildings, sidewalks and driveways. Spacing varies with species. Conifers/evergreens are not planted in the parkways and planting strips.
CONTROLLERS: Every person (owner, agent, tenant, occupant, contractor, developer or lessee) who exercises care, custody and control of real property, to include that abutting a right of way upon which a public tree or shrub is located.
CRITICAL ROOT ZONE: The area under a tree extending from the base of a tree in all directions to an imaginary line ten feet (10') outside of the dripline or as determined at a preliminary site inspection by the City Forester.
DECIDUOUS: Trees that shed their leaves annually as opposed to those that retain their leaves year round.
DISEASED TREE: A tree or part thereof that has become blighted, defaced or has become significantly diseased.
DRIP LINE: Extending from the trunk out to the widest tip of the tree canopy.
EVERGREEN: Trees that retain their leaves year round. They do shed older leaves but the tree does not lose all its leaves at one time.
FOR FEE CONTRACTOR: An individual engaging in the landscape business that does work on public or private rights of way; these individuals will have to be licensed and certified.
GIRDLING: Damaging or removing the bark and cambium layer around the tree trunk in a manner that usually kills the tree.
HERBICIDE: A chemical preparation or other agent for destroying or inhibiting growth of weeds or other harmful vegetation.
INJURIOUS PEST OR DISEASE: Organisms capable of seriously damaging the form or structural integrity of the tree.
INTERNATIONAL SOCIETY OF ARBORICULTURE (ISA): A scientific and educational organization that has served the tree care industry for the past seventy (70) years. Among the services this organization provides is an arborist certification program. The City of Caldwell is reliant upon this society's certification process for establishing and certifying arborists' credentials necessary to providing for fee arboriculture services in Caldwell.
LICENSEE: A person with a valid contractor's license and arborist certification acquired through the International Society of Arboriculture testing program or other certification process acceptable to the City Forester.
NUISANCE: Any tree/shrub or part thereof (on public or private property) which, by reason of location or condition, constitutes a hazard to public safety as determined by the city forester. Any tree/shrub or part thereof (on public or private property), which obstructs the free passage of pedestrian or vehicular traffic or which obstructs public street lighting or signage. Any tree/shrub or alternate host plant or part thereof (on public or private property), which harbors pests which reasonably may be expected to injure or harm public trees. See section 10-08-21 regarding Dutch Elm Disease. Any condition or use of the premises which is detrimental to the premises of others or which causes, or tends to cause, material diminution in the value of other premises in the neighborhood or which creates a condition tending to promote blight and deterioration, invites plundering, creates fire or traffic hazards, constitutes an unattractive nuisance, creates a harborage for rodents or insects or otherwise is injurious to the health, safety and general welfare of the inhabitants of the city.
PARKWAY OR PARKINGS (Also known as the PARKING STRIP AREA): That portion of public right of way situated between the curb line of any street and the property line abutting and adjoining any street. In the absence of a curb, the curb line of a street shall be deemed to be the edge of that portion of public right of way maintained and open to the use of the public for purposes of vehicular travel. The purpose of the parkway is to increase pedestrian safety and to improve the visual aesthetics and environmental quality of roadways.
PERMIT: Written approval issued by the city and required for any activity above or below ground on public trees or within the critical root zone of public trees.
PERSON: Any person, firm, partnership, corporation, association, company or organization of any kind.
PEST: Any insect, disease, animal or other organism harmful to trees.
PESTICIDE: An agent used to destroy pests.
PLANT: Any tree, shrub, lawn or other vegetative ground cover that is not poisonous, toxic or otherwise a nuisance to a person of average plant allergy sensitivity.
PRIVATE PROPERTY: The City Forester shall have jurisdiction over trees located on private property which are found to be public nuisances as defined in section 10-08-02 and may cut and remove those trees from private property abutting public right of way so cleared, as provided for in Idaho Code 50-317. The assessment shall be collected as provided for in Idaho Code 50-1008.
PRIVATE TREE/SHRUB: Those trees and shrubs planted on private property outside of any public right of way.
PRUNING: The removal of plant parts, dead or alive, in a careful and systematic manner so as not to damage other parts of the plant or the tree as a whole.
PUBLIC PROPERTY: Any property owned by, dedicated to, or deeded to the public or for the public's use. City parks, public right of way, cemeteries, libraries, and other public owned, controlled, leased or managed properties are included in this definition. This definition excludes any federal, state or county owned properties except where otherwise provided by contract or law.
PUBLIC RIGHT OF WAY: Improved or unimproved public property owned by, dedicated to, or deeded to, the public or for the public's use, for the purpose of providing vehicular, pedestrian and other public use. It includes but is not limited to, sidewalks, trees, parkways, lawn, landscaping, public utilities, cut and fill slopes, and open public space.
PUBLIC SAFETY: The condition of being safe from bodily harm and/or property damage resulting from tree conditions or failures while using public property.
PUBLIC TREE/SHRUB: Any tree or shrub (inclusive of roots within the critical root zone); whose trunk is located, partially or in whole, on public property.
SHRUB: A multiple stemmed, woody plant whose height at maturity is between three feet (3') and fifteen feet (15').
STREET: Highways, roads, alleys and bridges, dedicated, purchased or otherwise acquired for the public, including the unimproved or unused portion thereof, maintained and open to use by the public, including sidewalks, parkways and special tree planting easements adjacent to a street granted by property owners.
STREET TREE LIST: The list of acceptable trees located within the public right of way. Refer to the Treasure Valley Tree Selection Guide.
TOPPING: Rounding, stubbing or any other term that can be described as severe cutting back of the central leader or limbs within a tree crown to: buds, stubs, or laterals not large enough to assume a terminal role as defined in ANSI A300. This removes the natural canopy and disfigures the tree. Increases disease and insect infestation.
TREASURE VALLEY TREE SELECTION GUIDE (the "Tree Selection Guide" or the "Guide"): A document created by public, private and non-profit stakeholders engaged in growing, planting, planning for and managing the region's community forest resources. The Guide answers the most commonly asked questions about appropriate tree selection in a number of different landscape locations and applications throughout the Treasure Valley. The Guide is available at the Caldwell Planning and Zoning offices, or online at tvcanopy.net/tree-selection-guide.
TREE: A woody perennial plant usually having one main stem or trunk and many branches; it usually exceeds fifteen feet (15') in height at maturity.
TREE COMMITTEE: There is hereby created and established a Shade Tree Committee for the City of Caldwell, which shall consist of six members who reside within the city. The committee shall be comprised of five at large members and one member who shall be a member of the Parks and Recreation Commission. Members of the Tree Committee shall be nominated by the Mayor and confirmed by a majority of City Council members.
UTILITY EASEMENT: An easement established for the placement of sewer, water and other utility conveyances such as gas, cable and telephone.
VISION TRIANGLE: A protected vision area established to ensure that drivers have an unobstructed view as they come upon a driveway access, alleyway or intersection and as further defined in sections 10-07-01 and 10-07-07. (Ord. 3252, 3-16-2020)
(1) This article shall apply to any public tree and all trees and shrubs located in the public right of way as well as to those trees and shrubs located in public parks, parkways and other city property and on public and private property that have been declared to be a public nuisance.
(2) This article shall also apply to all aspects of the construction development and redevelopment process involving the planting, retaining or removing of trees and the associated care and custody of trees during that process. Further, this Article shall apply to all for-fee arborist services performed on any tree within the city, whether public or private.
(Ord. 3252, 3-16-2020)
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