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Home My WebLink About2723 Tree CommissionORDINANCE NO. 2723 AN ORDINANCE OF THE CITY OF ASHLAND AMENDING CHAPTERS 2.25 and 13.16 OF THE ASHLAND MUNICIPAL CODE TO UPDATE AND CLARIFY THE LANGUAGE IN THESE CHAPTERS TO REFLECT ACTUAL FUNCTIONS OF THE TREE COMMISSION AND TO ADOPT NEW TREE STANDARDS. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. follows: Chapter 2.25 of the Ashland Municipal Code is amended to read as Chapter 2.25 TREE COMMISSION Sections: 2.25.010 2.25.020 2.25.030 2.25.040 2.25.050 2.25.060 Established--Membership Term--Vacancies Quorum--Rules and Meetings Powers and Duties--Generally Reports Donations 2.25.010 Established--Membership. The Tree Commission is established. The Commission shall consist of nine voting members and three non-voting ex officio members consisting of a representative of the Planning Commission, a member of the City Council, and a representative of the Department of Community Development. The voting members shall be appointed by the Mayor with confirmation by the City Council. 2.25.020 Term-Vacancies. The term of a voting member shall be for three years. Any vacancy shall be filled by appointment by the Mayor with confirmation by the City Council for the unexpired portion of the term. The terms of the members shall be for three years so that three terms expire on April 30 of each year. Any Commissioner who is absent from four or more meetings in a one-year period shall be considered no longer active and the position vacant, and a new Commissioner shall be appointed to fill the vacancy. 2.25.030 Quorum--Rules and meetings. Five voting members of the Commission shall constitute a quorum. The Commission may make rules and regulations for its meetings and procedures consistent with city ordinances, and shall meet at least once PAGE 1-TREE COMMISSION ORDINANCE (p:ord\treecomm.ord)iSeptember 21, 1993) every month. At its first meeting of each year the Commission shall elect a Chair, a Vice-Chair, and a Secretary. 2.25.040 Powers and Duties--Generally. The powers, duties and responsibilities of the Tree Commission shall be as follows: A. To inventory existing street trees, including historical trees and public properties in need of beautification and plantings, and present a written report to the City Council of its findings. B. To develop and recommend to the City Council for its adoption a master list of street trees suitable for planting along the streets of the City, a copy of which shall be kept on file in the Office of the City Recorder and the Department of Community Development for public information. The list shall be reviewed as required. C. To develop and recommend to the Planning Commission and the City Council for its adoption a Tree Management Plan, a copy of which shall be kept on file in the Office of the City Recorder and the Department of Community Development for public information. D. To develop and recommend to the City Council for its adoption ordinances and policies for the planting, care and protection of trees throughout the City. E. To act in an advisory capacity to the Planning Commission in the administration of the site review and subdivision process with respect to landscape design, suitable plantings, protection of natural vegetation, and tree requirements. F. To act in an advisory capacity to the City Administrator and to all City departments regarding tree maintenance and related issues in the City and the City's properties. G. To submit recommendations to the City Council regarding the beautification of public properties and rights-of-way. H. To promote public knowledge and acceptance of the value of appropriate tree planting and care. I. To develop, maintain, and update a recommended street tree list. 2.25.050 Reports. The Commission shall submit copies of its minutes to the City Council and shall prepare and submit such reports as from time to time may be requested of them by the City Council of the Planning Commission. 2.25.060 Donations. The Commission may receive gifts, bequests or devices of property to carry out any of the purposes of this Chapter, which shall be placed in a special account for use of said Commission. SECTION 1. Chapter 13.16 of the Ashland Municipal Code is amended to read as follows: PAGE 2-TREE COMMISSION ORDINANCE (p:ord\t ........... d)lSeptember 21, 1993) Chapter 13.16 STREET TREES Sections: 13.16.010 13.16.020 13.16.030 13.16.035 13.16.040 13.16.060 13.16.065 13.16.070 13.16.080 13.16.090 13.16.100 Title Enforcing Authority Permission to Plant or Remove Permission to Prune Plan Trees--Removal Stump Removal Dangerous Trees--Nuisance--Removal Appeals Trees--Abuse--M utilation Violation--Penalty 13.16.010 Title. This Chapter shall be referred to and cited as the "Street Tree Ordinance" of the City. 13.16.020 Enforcing Authority. The City Administrator, or a duly authorized representative, shall be charged with the enforcement of this Chapter. 13.16.030 Permission to Plant or Remove. The City encourages the planting of appropriate trees. No trees shall be planted in or removed from any public planting strip or other public property in the City until a permit has been issued by the City Administrator or a duly authorized representative. Applicants for a removal permit may be required to replace the tree or trees being removed with a tree or trees of comparable value. If the tree is determined to be dead or dying, then the replacement need be no larger than the minimum described in this chapter. The replacement tree(s) shall be of a size specified in the permit and no smaller than eight feet in height or one inch in caliper 12 inches above root crown and shall be an appropriate species selected from and planted according to the Recommended Street Tree List. 13.16.035 Permission to Prune. Except for purposes of removal of dying branches or those which are a hazard to the public, pruning by City crews, or pruning for purposes of maintaining tree health, no tree shall be pruned within any public planting strip or public right-of-way until a permit has been issued by the City Administrator or a duly authorized representative. 13.16.040 Plan. All trees and shrubs planted in any public planting strip or other public place in the City shall conform as to species and location to the Recommended Street Tree List prepared and updated by the City Tree Commission and made PAGE 3-TREE COMMISSION ORDINANCE (p:ord\treecomm.ord)(September 21, 1993J available in the City Recorder's Office and in the Department of Community Development. 13.16.060 Trees--Removal. The City Administrator may cause to be trimmed, pruned or removed any trees, shrubs, plants, or vegetation in any public planting strip or other public property, or may require any property owner to trim, prune, or remove any trees, shrubs, plants or vegetation in a public planting strip abutting upon the owner's property. Failure to comply with this requirement within 30 days of receiving notice by the City Recorder is a violation of this chapter. 13.16.065 Stump Removal. Any tree removed under this chapter shall be removed at ground level or lower. If a tree is removed below ground level, the surface will be restored to finish grade and any regrowth which occurs shall be promptly removed. Any failure to comply with this requirement is declared to be a nuisance and subject to removal by the City pursuant to the terms set forth in AMC 9.08.190; and is a violation of the nuisance chapter subject to the penalties set forth in AMC 9.12.060. 13.16.070 Dangerous Trees--Nuisance--Removal. Any tree or shrub growing in any public property, on private property, or in a planting strip abutting public property, which is endangering or which may endanger the security or usefulness of any public street, sewer, or sidewalk, is declared to be a public nuisance; and the City may remove or trim the tree or shrub, or may require the property owner to remove or trim the tree or shrub. Failure of the property owner to remove or trim the tree within 30 days of receiving notice by the City Recorder is a violation of this chapter, and the City Administrator may then remove or trim the tree and assess the costs against the property. 13.16.080 Appeals. Appeals from any assessment made under AMC 13.16.070 may be made by filing written notice with the City Recorder within ten days after the order is received, stating in substance that an appeal from the order is being made to the City Council. The City Recorder shall file the appeal with the City Council at the next regular meeting, at which meeting the appellant and the City Administrator may present evidence. Action taken by the City Council after the hearing shall be conclusive. 13.16.090 Trees--Abuse--Mutilation. No person shall abuse, destroy, or mutilate any tree, shrub, or plant in a public planting strip or any other public property, or attach or place any rope or wire (other than one used to support a young or broken tree), sign, poster, handbill, or other thing to or on any tree growing on public property, or to cause to permit any wire charged with electricity to come in contact with any such tree, or to allow any gaseous, liquid, or solid substance which is harmful to the trees, to come in contact with their roots or leaves. PAGE 4-TREE COMMISSION ORDINANCE (p:ord'\treecomm.ord)(September 21, 1993) 13.16.100 Violation--Penalty. Any person who violates any of the provisions of this chapter is guilty of an infraction and shall be subject to the penalties set forth in Section 1.08.020. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the 7th day of September , 1993, and duly PASSED AND ADOPTED this _~'/,-w"- day of Nan E. Franklin, City Recorder SIGNED and APPROVED this~2,,/~/day of +~/~'Z,~,~.-z~' ~.--', 1993. M. Golden, Mayor Paul Nolte, City Attorney PAGE 5-TREE COMMISSION ORDINANCE Ip:ord\treecomm.ord)(September 21, 1993)