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(1) General Procedures: Individuals and for fee licensees shall abide by the following permit procedures:
A. There shall be no charge for a tree or shrub planting or removal permit.
B. Each application for a planting permit shall designate the species and variety of public tree proposed prior to issuance of a permit. The City Forester shall designate the location of the planting.
C. In addition to a tree work permit, a right of way permit as obtained from the City Engineering Department may be required for any work that will impact the free and full use of any street or alley. Should a tree be planted in conflict with the provisions of this code, it shall be lawful for the City Forester to remove or cause the removal of same. The cost to remove may be charged to the person responsible for the planting. In addition to obtaining a permit, individuals must call Digline at (208) 342-1585 before planting or removal.
D. Upon inspection the City Forester may issue a permit, if required, and impose such terms and conditions as may be appropriate and necessary under the specific circumstances of the work.
(2) Permit Application Procedures:
A. Planting, Pruning, Trimming, disease/pest abatement, or Removal: Application for a permit to do public tree work consisting of planting, pruning, trimming, root pruning, disease/pest abatement or removal shall be submitted on a form supplied by the City Forester. Refer to section 10-08-18 of this code for the recommended tree list and section 10-08-20 for the not to be planted in right of way.
B. Tree Topping: A special permit is required from the City Forester for tree topping.
(Ord. 3252, 3-16-2020)
Damage or destruction of a public tree or shrub by any person, except as lawfully stated herein shall cause said tree or shrub to be replaced according to the tree mitigation standards noted in section 10-08-16.
(1) Intentional interference with the City Forester in the performance of his or her duties is unlawful and is a misdemeanor, punishable pursuant to this code and Idaho Code.
(2) Failure to perform tree services in compliance with accepted and established arboricultural standards and specifications guide of the city shall be a misdemeanor. Any person(s) convicted of a violation of this subsection shall be fined pursuant to this code and Idaho Code.
(3) Failure to comply with the permitting and licensing provisions of this article shall be a misdemeanor. Any person(s) convicted of a violation of this subsection shall be fined not to exceed three hundred dollars ($300) or be imprisoned in the Canyon County Jail for a period not to exceed six (6) months or by both such fine and imprisonment, pursuant to this code and Idaho Code.
(4) In addition to any criminal penalties that may be imposed, the city may pursue civil penalties and restitution for actual damages as set for in this code.
(Ord. 3252, 3-16-2020)
(1) Tree Retainage Credit: Trees retained as part of a development may count toward the required landscape, provided the tree(s) intended for retainage are not prohibited within the subject area. No credit shall be provided for trees retained in rights of way nor may any tree located there be removed as part of a development pursuit without prior city approval. Trees prohibited by this article may remain as part of a development/redevelopment process without credit. Primary consideration for what species of trees to remain would be; are they listed as suitable for growing indicated in the Tree Selection Guide.
(2) Tree Preservation Credit: The planning and zoning department, in cooperation with the City Forester, may allow the development's required number of parking spaces to be reduced by up to fifteen percent (15%) to accommodate the preservation of existing trees with a caliper of four inches (4") or greater. Parking space reduction credit must correlate to the number of trees salvaged by that process. Parking space requirements are quantified according to the type of land use listed in the Caldwell zoning ordinance. A request for parking space reduction must be made in writing to the planning and zoning department at the time of parking/landscaping plan submittal.
(3) Tree Replacement Process (Mitigation): Any tree four inches (4") or greater in caliper that is removed during development shall be replaced with a one and one-half inch (1 ½ ") to three inch (3") caliper tree, rated as a #1 quality tree and as verified by the City Forester. Selection of what species to replace will come from the Tree Selection Guide. If there is not enough room on the subject site to replace the caliper inch of trees that were removed, the developer will contribute a dollar amount equal to the corresponding caliper inch of trees to a Tree Bank for future tree planting. The city may choose which park, cemetery, or site most in need of trees.
(4) Exceptions:
A. If the tree is removed because it poses a health or safety hazard, the tree will not need to be replaced, provided the City Forester determines a replacement tree installed at the same location poses a similar risk.
B. Trees required to be removed by another governmental agency of jurisdiction need no mitigation. The applicant will need to provide information to substantiate another agency's tree removal requirement.
C. The removal of a tree regardless of circumstances need only be replaced with equivalent to a no less than one and one-half inch (1½ ") to three inch (3") caliper tree, rated as a #1 quality tree and as verified by the City Forester.
(Ord. 3252, 3-16-2020)
The City Forester is hereby empowered to make rules and regulations to govern planting of trees within the city to include replacement trees. These regulations shall govern specifications and placement for planting trees and restrictions on species of trees to be planted in the city.
(1) Permit Required: No person or owner shall plant any tree within the public right of way until the city forester has issued a permit. Applications for tree planting shall be filed with the City Forester. Such trees must be of the type and variety permitted by the street tree list. The City Forester shall approve each tree for suitability, as well as resistance to disease and pests. Any application denied by the City Forester shall be returned to the applicant with the reason for refusal. The applicant is free to file a new application or an amended application when the issue(s) identified have been resolved or they may appeal the denial.
(2) Permit Content: The tree planting permit shall include the type, size, and variety of tree permitted. The permit will identify the specific site location of the tree.
(3) Planting Criteria: The City Forester shall provide the applicant with the type of species that are permitted in various areas for planting, spacing information and minimum tree well sizes for trees planted in paved areas upon request.
(4) Variance from Street Tree List: Variance from the Tree Selection Guide may be granted by the City Forester if that action does not conflict with the city's interest.
(Ord. 3252, 3-16-2020)
Recommended Street Tree List Representing Class 2 and Class 3 Trees: Please refer to the Tree Selection Guide to determine the best tree for your planting site.
(1) Class I Trees: Small trees generally not reaching more than 25-30' in height. These trees shall be planted under power lines or small planting areas. For an understanding of tree placement requirements beneath overhead utilities or associated with underground utilities in proximity to trees. Parkway width recommended four (4') minimum. Refer to section 10-08-20 for a list of trees not to be planted in the parkway or right of way.
(2) Class II Trees: Medium sized trees planted for street tree (right- of-way) and general landscape uses. Growing to heights from thirty (30') to forty feet (40') with similar canopy spread. Parkway width recommended six (6') minimum. Refer to section 10-08-20 for a list of trees not to be planted in the parkway or right of way.
(3) Class III Trees: Long lived trees that attain large height and trunk diameter that may be utilized for street tree use, provided the area is large enough to accommodate them. Attaining heights varying from forty (40') to one hundred feet (100') with a canopy spread extending thirty-five (35') to eighty feet (80') in width. Parkway width recommended ten (10') minimum. Refer to section 10-08-20 for a list of trees not to be planted in the parkway or right of way.
(4) Evergreen Trees: Evergreen trees can pose a sight vision problem for vehicles, pedestrians, bicyclists and are not recommended for use as a parkway or right of way tree. Fruit and nut bearing trees are not suitable as a street or right of way tree due to the fruit dropping, staining sidewalks and pedestrian safety from slipping on the fruit or nuts.
(5) Placement Under Power Lines: Class I trees generally grow to a maximum height of 25-30' with a 15-30' width and are the best tree to use under power lines. Check with the proper city department to determine where underground utilities are located. Refer to section 10-08-20 for a list of trees not to be planted in the parkway or right-of-way.
This is by no means a complete list of trees that could be planted in the public right of way. The City Forester will review requests for the placement of any other species upon request.
(Ord. 3252, 3-16-2020)
Proposed shrubbery species will be evaluated for growth potential. Most shrubs available from landscape nurseries will be acceptable for planting purposes, if they grow to a maximum height of three (3'). Shrubs in the right of way must be pruned to a maximum height of three feet (3') due to vision obstruction occurring when the public (wheel chair included), animals, children, etc. use the sidewalk. The sight vision triangle must be adhered to at intersections for the same reasons.
(Ord. 3252, 3-16-2020)
Please see the Tree Selection Guide at tvcanopy.net/tree-selection-guide for the list of trees not suitable for planting in any public right of way in the City of Caldwell. Certain trees exhibit characteristics including but not limited to: extreme insect or disease susceptibility, soft or brittle wood and/or limited cold and heat hardiness. Such problems often lead to excessive maintenance costs, hazard to other trees and potential public safety hazards. Class I and Class III trees are not allowed in the City of Caldwell right of way unless planter width is ten feet (10') or wider. Conifers and shrub plantings over three feet (3') are not allowed in the City of Caldwell right of way.
(Ord. 3252, 3-16-2020)
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