Loading...
(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)
The City Forester is authorized to:
(1) Develop, support and maintain a Community Forestry Management Plan.
(2) Maintain a Community Forestry budget to be contained within, but as a separate division of the Caldwell Parks and Recreation Department. The city may expend funds to plant, maintain or remove trees in accordance with the provisions of this article, the Community Forestry Management Plan and existing policies.
(3) Oversee the city's arborist licensing and certification program and the supervision of commercial tree and shrub care management.
(4) Develop a permitting program for fee and non-fee tree work, to include procedures for the approval and control of topping practices, and the planting and removal of public shrubs and trees.
(5) Establish and maintain an inventory of all public trees.
(6) Approve, deny, suspend or revoke tree or shrub work licenses or permits issued by the city.
(7) Inspect and approve any public tree/shrub work performed in the city.
(8) Observe symptoms of plant diseases, make diagnoses and prescribe treatment.
(9) Administer a program of public outreach and education relating to Community Forestry and the planting and the care of trees.
(Ord. 3252, 3-16-2020)
Every Controller, as defined in section 10-08-03 of this article, shall be responsible for the following:
(1) Requirements and Permits: Meeting all of the requirements and obtaining all the permits necessary for work done on or adjacent to the public right of way as described in this article.
(2) Care And Maintenance: Care and maintenance of public trees and shrubs located in the public right of way adjacent to the Controller's private real property, including the following activities or actions:
A. Removal and replacement of public trees or removal of those portions of public trees, including tree stumps, declared to be a public nuisance or requested to be removed by the city or affected utilities located within the public right of way. Such action shall be coordinated with the City Forester.
B. As part of the city's tree permitting process, whenever a public tree or shrub is removed, the controller shall replace it, if deemed necessary by the City Forester, within two (2) weeks of the removal date, with a tree from the approved list as shown in section 10-08-18 and further approval from the city forester. Selection of species shall be from the Tree Selection Guide. The replacement tree shall be a minimum one and one-half inches to three inches (1 ½ - 3") minimum #1 quality tree as verified by the City Forester. A fine of four hundred dollars ($400.00) per tree to be replaced may be assessed if said trees are not planted within the required two (2) week time period, unless the replacement period has been extended for good cause shown (example of good cause shown: the ground is frozen solid).
C. When a public tree is removed after approval by the City Forester, a fee in lieu of planting shall be required if the tree is not replaced. The City Forester shall determine if the tree must be replaced or if a fee in lieu of planting may be paid. The fee shall be set by resolution of the City Council and monies collected shall be placed in a tree replacement fund to be used for maintenance or acquisition of public trees.
D. Pruning of public trees and shrubs and portions of private trees and shrubs that encroach upon right of way or right of way area. The branches of public and private trees and shrubs that overhang sidewalks and/or unimproved right of way must be pruned to provide ten feet (10') of vertical clearance. Tree branches of either public or private trees that overhang the street must be pruned to provide fourteen feet (14') of vertical clearance. All pruning shall be done in accordance with ANSI A300 standards.
Should either a public or private tree or shrub be out of compliance with either the ten foot (10') sidewalk vertical clearance or the fourteen foot (14') street vertical clearance such that a safety hazard is presented or any type of utility or street maintenance is impeded, city personnel have the authority to prune said noncompliant tree or shrub, without permission from the property owner, provided all pruning takes place on or within public right of way or right of way area and provided that the portions being trimmed are hanging over or within public right of way or right of way area. Utility providers shall trim or cut trees in public rights of way according to ANSI A300 part 1, pruning standards.
Shrubs in the right-of-way must be pruned below three feet (3') due to vision obstruction occurring when the public, (wheel chair included), animals, children are using the sidewalk adjacent to the right of way. The sight vision triangle setback for trees or shrubs at intersections must be adhered to for the same reason.
E. Control of pests injurious to public right of way trees and shrubs adjacent to controller's real property.
F. Control of pest infestations on private trees and shrubs located on the controller's private real property.
(3) Maintenance Methods: Maintenance of trees and shrubs by:
A. Clearing: The controller is responsible for removing all tree, shrub and vegetative work derived debris relating to private trees, shrubs and vegetation from the street, sidewalk and parkway by sunset on the day on which the work is done unless street closure is authorized. This requirement includes immediate removal of any private fallen trees or tree limbs from private trees that fall into any public right of way area. Failure to immediately remove private fallen trees or tree limbs from private trees that have fallen into any public right of way area shall constitute a nuisance and may be abated as such by the city in any manner provided by law.
B. Standards: Care and maintenance of public trees and shrubs shall be governed in part by the city's arboricultural specifications and ANSI A300 standards.
C. Leaf and Debris Removal: Tree debris and leaves from public trees that fall in the public streets shall be the city's responsibility to remove. Tree debris and leaves from either private or public trees that fall onto property located between a property line and the street edge or curb, as well as leaves raked into the street shall be the adjoining controller's responsibility to remove.
D. Removal of Public Trees and Shrubs: It is the policy of the city that public trees and shrubs shall not be removed without written authorization of the city forester and the planning and zoning department.
E. Basis for Tree and Shrub Removal: Permits will be granted for tree and shrub removal based on any of the following criteria:
1. The tree or shrub is diseased or is an alternate host of a significant disease.
2. The tree or shrub is harboring injurious insects or pathogens and may present a danger to the city's community forest.
3. The tree or shrub is dying or near dead and/or poses a public safety hazard.
4. The tree or shrub interferes with overhead utility lines and creates a public safety hazard. In this instance the utility provider's standards will be relied upon for assessment purpose.
5. The tree or shrub causes sight obstruction in the vision triangle that cannot be resolved (see section 10-07-07).
6. Any other removal criteria deemed appropriate by the city forester. Note: There is no charge for tree and shrub removal permits.
F. Removal of Trees or Shrubs on Private Property Impacting Public Property: A person engaging in the removal of any tree, shrub or portion thereof that may fall or falls on or in public right of way must first obtain a permit from the City Forester, and must call Digline at (208) 342-1585 before removal. If it is apparent that the removal of a tree or shrub from private land may fall and cause injury to person or public property, the property owner or their agent must give the city police and fire department twenty-four (24) hours' notice prior to removal unless there is an imminent danger imposed by its continued presence.
G. Tree Removal And Trimming Permit Required: Prior to engaging in the removal or replacement of trees or shrubs, to include trimming, cutting and pruning in the public rights of way, the controller must first obtain a tree removal permit from the City Forester, and must call Digline at (208) 342-1585 before removal or planting. The City Forester or other staff representative will inspect the work for compliance; all removal costs shall be at the applicant's expense. A fine of four hundred dollars ($400.00) shall be assessed to the controller/applicant and a fine of four hundred dollars ($400.00) shall be assessed to the company that performed the removal and/or trimming if a permit was not first obtained from the City Forester prior to removal and/or trimming and if the company was not on the city's approved list of companies allowed to trim and/or remove trees and/or shrubs.
H. Any person authorized to remove live or dead trees, shrubs or other vegetation from the city parks or along the streets and alleys of the city or within public right of way shall do so in such a way that no tree stump or main root system remains above ground but to a depth of eight inches (8") below the ground surface. After excavation or grinding, the ground shall be restored to a smooth and level surface. Any required grinding of a stump shall be completed within two (2) weeks of tree removal.
I. Replacing Trees and Shrubs; Selection Criteria: Selection and location of required replacement trees and shrubs shall be based on the city's arboricultural standards and specifications guide. It shall also be based upon other applicable city standards regarding the placement of said trees and shrubs. Refer to the Tree Selection Guide for tree selection.
J. Provide water sufficient to keep trees and shrubs located on public right of way in a healthy, growing condition.
(4) Damage To Sidewalk And Surrounding Area By The Roots Of Private Or Public Trees Or Shrubs: All trees or shrubs growing close to the sidewalk have the potential to raise or cause a disconnection in the sidewalk. Should the sidewalk or curb raise or disconnection occur, consideration will be given to modifying the sidewalk's placement to accommodate tree or shrubbery growth on a case by case basis. The determination to modify the sidewalk shall be made in consultation with the city engineer and city forester.
The failure of the controller to respond to a request to remove said trees and shrubs and repair said sidewalk shall result in abatement as outlined in this article and/or assessment of an additional four hundred dollar ($400.00) fine over and above any fines assessed through the abatement process.
(Ord. 3252, 3-16-2020)
The following are hereby declared public nuisances:
(1) Any tree, shrub or other plant, which by reason of location or condition constitutes an imminent danger to the health, safety or welfare of the general public; harbors pathogens or injurious insects which reasonably may be expected to injure or harm other trees or shrubs; obstructs the free passage of pedestrian or vehicular traffic or obstructs a streetlight or traffic control device; and/or obstructs the view in the vision triangle, including alley trees that fall in the public nuisance section. Also, the roots of any tree or shrub that interferes with or causes the surface of the street, curb or sidewalk in public right of way to be upheaved or disturbed.
(2) Any tree suspected of having Dutch elm disease or fungus organisms known by the scientific names of Graphium ulmi, Ceratostomella ulmi and/or Ceratocystis ulmi, elm bark beetles, Scolytus multistriatus or Hylurgopinus rufipes; any standing elm tree infected with Dutch elm disease or which harbors elm bark beetles; and any dead elm tree or part thereof, including logs, stumps, or other elm material from which the bark has been removed.
(3) The city's agents have the authority to enter onto private property where there is reasonable cause to believe that there is a tree, shrub or other plant located there that is a public nuisance; furthermore, said agents have the authority to reasonably mark said tree, shrub or other plant for ease of identification.
(4) Any public or private tree infected by an insect, pest or disease which is determined by the City Forester to pose a health threat to any other public or private tree. An example is sudden oak death disease.
(Ord. 3252, 3-16-2020)
(1) Any public nuisance as designated within this section located on either city owned or private property or public right of way shall be abated in a technique as approved by the City Forester and in accordance with the abatement process outlined in section 10-08-10 of this code and Chapter 7, Article 11, of the Caldwell City Code.
(2) Public Nuisance Considered An Immediate Threat: The City Forester or the Planning and Zoning Director or his/her authorized designee is empowered to cause the immediate abatement of any public nuisance as designated within this section determined to be a threat to any person or property.
(3) If the City Forester determines that disposal of the wood, branches and soil from removal or pruning of a nuisance tree is required to complete abatement, such disposal shall be done. All costs associated with the disposal of material from the public right of way shall be the responsibility of the property owner.
(Ord. 3252, 3-16-2020)
It is unlawful for any person to:
(1) Damage, mutilate or destroy any public tree or shrub.
(2) Store or place, or cause to be stored or placed, oil, gasoline, chemicals (such as herbicides), and other materials which are harmful to trees and shrubs around or near public trees, shrubs and other vegetation.
(3) Attach a potentially harmful device or structure (such as a tree house or sign) to a public tree unless otherwise authorized by the City Forester.
(4) Spill or dump substances, whether liquid or solid, which are toxic to persons, animals, trees, shrubs and vegetative matter.
(5) Make excavations in the soil within the tree's root zone, from the trunk to the edge of the dripline.
(6) Damage a public tree by the practice of "topping", except trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempt from this provision based on the City Forester's determination.
(7) Compensatory Payments: In the event any person removes, destroys or damages any public tree except as otherwise required by law, that person shall be required to replace such tree with a tree(s) of equivalent dollar value on public property, unless otherwise determined by the City Forester. The value of a tree shall be determined by the city forester in accordance with accepted plant appraisal methods as set forth in the 9th edition or most current edition of The Guide for Plant Appraisal, published by the International Society of Arboriculture or the same as amended from time to time.
If no suitable location exists in the vicinity of the tree removed or if the replacement tree(s) is of lesser value, the person causing the tree to be removed shall make a compensatory payment to the City of Caldwell equal to the difference in value between the tree removed and any replacement tree(s).
Any public tree that is determined by the City Forester to be damaged, but not sufficiently to justify its removal, shall be considered to be devalued. The amount of devaluation shall be paid to the city by the person causing the damage. Compensatory payments shall be paid into a fund established for that purpose and restricted to use for the community forestry programs. Nothing in this article shall prohibit the City of Caldwell from negotiating agreements with other governmental entities regarding penalties and compensatory payment for removal, damage or destruction of public trees.
(Ord. 3252, 3-16-2020)
(1) License Required: It is unlawful for any person to engage in the business of planting, pruning, or removal of a public tree or shrub for a fee without being licensed and certified as required by this section.
(2) Arborist Contractor's License: Any person engaged in the arborist business for fee shall obtain a license from the City Forester. The license stipulates that the contractor, or one or more employees, be certified, and the certified individual(s) be on the site when arboricultural practices are being done. It is required that the contractor's insurance extend to all employees while they are conducting arborist work within city limits.
(3) Arborist Certification: An arborist certification is required of any individual who personally performs arboricultural services or procedures allowed under this section for a fee, unless that person is working under the direct supervision of a certified arborist. The City Forester shall approve or deny the applicant's permit based upon the possession of a valid arborist certification. The arborist certification is acquired through the International Society of Arboriculture testing program or other certification process acceptable to the City Forester. The applicant shall submit to an examination of his or her practical skills at the discretion of the City Forester in accordance with ANSI A300 standards.
A. License Application Procedures:
1. Application for License: Application for an arborist contractor's license shall be sought from the City Forester on a city form and accompanied by proof of an appropriate liability and workman's compensation insurance when applicable. The City Forester shall approve or deny the application within seven (7) days, based upon the following criteria:
(A) The applicant has not been convicted of a violation of this section within the preceding two (2) years.
(B) The applicant shows proof that he or she has obtained a valid arborist certification, or that the applicant is currently employing a holder of a valid arborist certification.
2. Denial of License: The City Forester may deny or revoke a license application if the applicant's arboricultural practices are inconsistent with ANSI A300 or ISA standards.
3. License or Certification Issuance: The City Forester shall forward the approved arborist license and certification to the City Clerk, who shall issue the license to the applicant upon payment of a fee as set by resolution of the Caldwell City Council.
B. License Terms and Renewal: The arborist contractor's license and certification shall be valid for the calendar year in which it was issued and will expire on December 31.
1. Filing A Renewed Application With The City Forester: The applicant may renew the arborist contractor's license upon showing proof of and workman's compensation insurance when applicable, a current arborist certification and payment of the appropriate fees.
2. Valid Certification Mandatory: The arborist certification period of validation must coincide with the contractor license period of validation.
C. License Fees: License fees shall be established by resolution of the Caldwell City Council.
D. License Insurance Coverage: Applications for an arborist contractor's license shall be accompanied by proof of insurance acceptable to the City Forester showing the applicant has a policy of liability and property damage listing the City of Caldwell as an additional insured. Workman's compensation insurance with policy limits equal to or greater than the minimum designated by council resolution, which complies with requirements set forth in Idaho Code Title 6, Chapter 9. The policy is to remain in full force and effect during the term of the license. Compliance with OSHA regulations.
(Ord. 3252, 3-16-2020)
Loading...