§ 17.5.120 STREET TREES (TREES IN PUBLIC RIGHTS-OF-WAY).

   A.   Standards and requirements.

      1.   Street  trees required. All development projects fronting on a public or private street more than 100 feet in length approved after the adoption of this title shall be required to plant street  trees .

      2.   Street  tree planting list. Certain trees can severely damage utilities, streets and sidewalks or can cause personal injury. Approval of any planting list shall be subject to review by the Director .

      3.   Tree plan required. New street  trees shall conform to an existing tree plan unless a specific exception is granted. When a tree plan does not exist, the city shall determine tree species. In selection of tree species, the city shall consider the list of prohibited trees , the available planting area, above or below ground restrictions, the need for tree diversity, and the requests of adjacent property owners.

      4.   Size and spacing of street  trees . The specific spacing of street  trees by size of tree shall be as follows.

         a.   Small or narrow-stature trees under 25 feet tall and less than 16 feet wide branching at maturity shall be spaced no greater than 20 feet apart.

         b.   Medium-sized trees 25 to 40 feet tall, 16 to 35 feet wide branching at maturity shall be spaced no greater than 30 feet apart.

         c.   Large trees over 40 feet tall and more than 35 feet wide branching at maturity shall be spaced no greater than 40 feet apart.

         d.   Except for signalized intersections, trees shall not be planted closer than 20 feet from a street intersection, nor closer than two feet from private driveways (measured at the back edge of the sidewalk), fire hydrants or utility poles to maintain visual clearance.

         e.   No new utility pole location shall be established closer than five feet to any existing street  tree .

         f.   Street  trees shall not be planted closer than 20 feet to light standards.

         g.   Where there are overhead power lines, the street  tree species selected shall be of a type which, at full maturity, will not interfere with the lines.

         h.   Root barriers shall be installed at time of street tree planting.

         i.   Street  trees shall not be planted within two feet of any permanent hard surface paving or walkway:

            i.   Space between the tree and the hard surface may be covered by a nonpermanent hard surface such as grates, bricks on sand, paver blocks and cobblestones; and

            ii.   Sidewalk cuts in concrete for tree planting shall be at least four feet by four feet to allow for air and water into the root area.

      5.   Pruning requirements. Trees or shrubs within any public right-of-way, or on public and private grounds and having branches projecting into the public street or sidewalk, shall be kept pruned by the owner or owners of property adjacent to or in front of which such trees , shrubs or plants are growing and shall meet the following:

         a.   At least eight feet of clearance above sidewalks, 13 feet above local streets , and 15 feet above collector and arterial street roadway surfaces shall be provided.

         b.   The branches of any tree , shrub or other vegetation shall be pruned so as to maintain the clear vision area requirements as set forth in § 17.8.150.

         c.   Newly planted trees may remain untrimmed, provided they do not interfere with street traffic or persons using the sidewalk.

      6.   Cut and fill around existing trees . Existing trees may be used as street  trees if no cutting or filling takes place within the drip line of the tree .

      7.   Granting of adjustments. Adjustments to the street  tree requirements may be granted by the Director by means of a Type I or II procedure, using approval criteria in Article 2 for Adjustments.

      8.   Street  tree maintenance – property owner responsibility.

         a.   The adjacent property owner shall appropriately water the tree for two years following planting, unless a city irrigation system, maintenance program, or separate maintenance contract is developed which specifically removes the property owner of this responsibility.

         b.   Pruning requirements. Trees or shrubs within any public right-of-way, or on public and private grounds and having branches projecting into the public street or sidewalk, shall be kept pruned according to city standards by the owner or owners of property adjacent to or in front of which such trees , shrubs or plants are growing.

         c.   Where tree roots create hazardous sidewalk conditions, the owner is responsible for pruning the roots or modifying the sidewalk to alleviate the hazardous condition.

      9.   City maintenance of street  trees .

         a.   The city may perform pruning on any street  tree within the rights-of-way without a permit if total pruning results in removal of less than 20% of the crown or disturbance of less than 10% of the root system. Major pruning of a series of street  trees may be combined in one permit.

         b.   If the owner or owners, lessees, occupants or person in charge of the property shall fail and neglect to trim such trees , shrubs or plants within ten to 45 days after notice, the city shall trim such trees , shrubs or plants and shall bill the property owner for the cost of the work. Such trimming by the city shall not relieve such owner, lessee, occupant or person in charge of responsibility for violation of the Code.

      10.   Additional requirements.

         a.   It shall be unlawful to attach anything to a tree , or to the support of protection devices of a tree , except that which is used for support or protection or approved by the city .

         b.   It shall be illegal to remove protective devices from around a tree , or in any way damage a street  tree .

         c.   The applicant shall state when products of pruning or tree removal will be used for a financial return. The commercial harvesting of tree products (e.g., harvesting and selling of spring foliage) shall not be the primary purpose for pruning or cutting street  trees .

         d.   If removal is allowed, the stump shall be removed to a depth of six inches below the surface of the ground or finish grade of the street , whichever is of greater depth.

         e.   A tree of at least two-inch or larger caliper size shall be planted within one year of removal of the street  tree .

   B.   Criteria for pruning or removal. The permit for major pruning or removal shall be granted if any of the following criteria are met.

      1.   The tree is dead or diseased. This criterion shall not be used as the sole reason for removal if the cost of curing the disease is less than one-fourth of the value of the tree . Criterion 1 is to determine if major pruning or removal is appropriate, and shall not be used to require treatment of the tree .

      2.   The tree has become a major nuisance by virtue of damage to personal property or improvements, either public or private, on the subject site or adjacent sites , and that the maintenance required to prevent damage to such improvements or property outweighs the value of the tree to the community.

      3.   The tree is unsafe to the occupants of the property, an adjacent property or the general public.

      4.   The removal has been approved as part of a development project, pursuant to the provisions of § 17.5.135.

      5.   The removal is for a public purpose, and there is no alternative without significant cost or safety problems.

      6.   The removal is part of a street  tree improvement program, such as improving the streetscape, or improving the age and species diversity within the city .

(Ord. 2009-01, passed 3-9-2009; Ord. 2023-03, passed 5-22-2023)