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CHAPTER 07 Title 8 Tree Ordinance CHAPTER 7 AMMON TREE ORDINANCE SECTION: 8-7-1: TITLE 8-7-2: PURPOSE 8-7-3: DEFINITIONS 8-7-4: FINDINGS 8-7-5: JURISDICTION 8-7-6: TREE COMMITTEE (FUNCTION and PURPOSE) 8-7-7: ESTABLISHMENT and DUTIES OF THE CITY FORESTER 8-7-8: INTERFERENCE WITH THE CITY FORESTER-UNLAWFUL 8-7-9: LANDSCAPING 8-7-10: RESPONSIBILITIES OF ADJACENT PROPERTY OWNERS 8-7-11: PERMITS 8-7-12: DAMAGING, DESTROYING OR MUTILATING PUBLIC TREES 8-7-13: COMPENSATORY PAYMENTS 8-7-14: VIOLATIONS AND PENALTIES 8-7-15: PUBLIC NUISANCES 8-7-16: ABATEMENT OF PUBLIC NUISANCES 8-7-17: LICENSING OF PRIVATE TREE SERVICES 8-7-18: APPEALS 8-7-1: TITLE: This Chapter shall be known as the City of Ammon Tree Ordinance 8-7-2: PURPOSE: It is the intent of this chapter to establish regulations and standards to ensure that the City continues to recognize the benefits provided by the Community Forest and to encourage preservation, protection, and proper maintenance of trees within the City limits both on public and private lands. Note: it is not the intent of this ordinance to regulate or resolve disputes over trees on private property that do not affect public safety. The purpose of the Ammon City Tree Ordinance is to do the following: A. Protect public safety, health and safety; B. Establish a standard and process by which trees are to be planted, maintained, and removed; C. Preserve and enhance the City’s environmental, economic, and social quality with mature trees; D. Implement the goals and objectives of the City’s Comprehensive Plan; Title 8, Chapter 7 Page 1 of 13 Revised 7-12-2018 E. To ensure that trees located within the City are in a healthy, non- hazardous condition through application of tree care standards as contained in ANSI A300; F. 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; G. To promote, establish, and maintain a wide variety of appropriate species of different ages in order to provide a stable and sustainable community forest; H. Promote the general health and welfare of the City by establishing and maintaining the maximum amount of canopy coverage provided by trees. I. Provide that the Tree Committee and the Parks Director/City Forester shall have supervision and authority over all trees, plants and shrubs located within the street rights-of-way, parks and public places of the City and to trees, plants and shrubs located on private property that constitute a hazard or threat as described herein. 8-7-3: DEFINITIONS: For the purposes of this Chapter, the following words and phrases shall have the following meaning: ADJACENT PROPERTY OWNER: Any person owning property adjacent to public right- of-way. ALTERNATE HOST PLANT: One of two kinds of plants on which a pest must develop to complete its life cycle. ANSI A300: The American National Standard for Tree Care Operations – Tree, Shrub and Other Woody Plant Maintenance – Standard Practices. In 1995 The American National Standard Institute (ANSI) has established basic standards for pruning or the same as amended from time to time. ARBORICULTURE: The cultivation of trees, including planting, pruning, removal or any other action which affects the growth and maintenance of trees. CITY: The City of Ammon, Idaho CITY FOREST: Trees or shrubs located on Public Property or Public Rights-of –Way. CITY FORESTER: The Parks Director/City Forester or designee. CRITICAL ROOT ZONE: The area under a tree that extends from the base in all directions to an imaginary line 10 feet outside of the drip line or as determined at a preliminary site inspection by the City Forester. Title 8, Chapter 7 Page 2 of 13 Revised 7-12-2018 HAZARD: Risk to safety posed by public or city trees; visibly defined structural defects likely to cause failure of all or part of the tree. PARKING/PLANTING STRIP: That portion of the public right-of-way commonly landscaped or planted in some fashion, which is located between the back of the curb and the sidewalk portion of the right-of-way, or, in the absence of curb and/or sidewalk, between the edge of the right-of-way pavement and the property line. PERMIT: Written approval issued by the City and required for any activity on public trees or within the critical root zone of public trees. PERSON: Any individual, firm, partnership, corporation, association, company, or organization of any kind. PEST: Any insect, disease or other organism harmful to trees. PROPERTY OWNER(S): shall be considered to include not only the person(s) possessing title to any real property fronting any public right-of-way, but also any person(s) leasing, renting, purchasing under contract or otherwise having a holding interest in said real property. PRUNING: The practice of cutting tree limbs according to ANSI A300 standards. PUBLIC PROPERTY: Any property owned by, dedicated to, or deeded to the public for public use. City parks, public right-of-way, and other public owned, controlled, leased or managed properties are included in this definition. PUBLIC RIGHTS-OF-WAY: Improved or unimproved public property owned by, dedicated to, or deeded to the public or for the purpose of providing vehicular, pedestrian and other public use. Such public property provides circulation and travel to abutting properties and includes, but is not limited to, streets, sidewalks, landscaping, provisions for 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 and or failures while using public property. PUBLIC TREES: Any tree (inclusive of roots within the critical root zone) whose trunk is located, partly or in whole, on public property. TOPPING: “Rounding” or “Heading Back” or any other term that can be described as severe cutting back of limbs within a tree crown to buds, stubs, or laterals not large enough to assume a terminal role or as defined in ANSI A300. TREE: Any woody plant, which is 15 feet or more in height at maturity, with a single or multiple trunks, often unbranched for several feet above the ground and having a definite crown. Title 8, Chapter 7 Page 3 of 13 Revised 7-12-2018 8-7-4: FINDINGS: The City of Ammon considers trees as an important element of the environment by promoting and protecting public health, safety, and general welfare to the community in the following ways: A. They are vital contributions to the aesthetics of the community; B. Cost-effective protection against severe weather conditions with cooling in the summer months; C. They support local property values; D. Improve the air and water quality by absorbing pollutants, assimilation of carbon dioxide and generation of oxygen, and the reduction of excessive noise and adverse impacts caused by noise pollution; E. Trees reduce the adverse impacts of land disturbing activities such as runoff from impervious surfaces, soil erosion, land instability, and sedimentation pollution; F. Provide habitat, cover, food supply and corridors for a diversity of wildlife. 8-7-5: JURISDICTION: A. Public Property: The City Forester shall manage and regulate the planting, maintenance, protection, removal, and replacement of all public trees within the City limits, thus exercising the City’s authority to do so granted pursuant to the provisions of Idaho Code 50-312 - Improvement of Streets, Idaho Code 50-317 – Removal of snow , ice rubbish and weeds, Idaho Code 1415 (7) Responsibilities of single county-wide highway districts within cities; Final decision on urban renewal projects – Settlement of questions. B. 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 8-7-15 and may cut and remove those trees from all private property within the city and the public rights-of-way abutting the same and may assess the cost thereof against the property so cleared, and against the property abutting public rights-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. 8-7-6: TREE COMMITTEE (FUNCTION and PURPOSE): There is hereby created and established a Tree Committee for the City of Ammon, which shall consist of five (5) members who shall be appointed by the Mayor with the approval of the City Council. The Director of Parks/City Forester as appointed by the Mayor with the approval of the City Council shall be an ex officio member of the committee. Title 8, Chapter 7 Page 4 of 13 Revised 7-12-2018 A. TERM: The term of office for the original appointed members shall be: Three (3) members appointed for two years. Two (2) members appointed for three years. The original terms of offices shall be decided at the first meeting of the committee by drawing. Thereafter, re-appointive terms for each member shall be for three years. In the event a vacancy occurs a successor shall be appointed and shall fulfill the term of the person being replaced. B. OFFICERS: The committee shall elect a chairman, vice chairman and secretary from within its membership. The committee shall meet quarterly or as deemed necessary by the chairman. The secretary shall maintain a written record of its deliberations and proceedings. The Director of Parks/City Forester, as a committee member, shall be a voting member to determine decisions of the committee. C. PURPOSE OF COMMITTEE: The Committee shall assist the Parks Director/City Forester: 1. In developing a comprehensive city forest plan. 2. In taking an inventory of all existing trees on all city properties. 3. In providing information to the public through educational campaigns, published materials and other opportunities. 4. In implementing Arbor Day celebrations and activities. 5. In encouraging and soliciting donations and other funding for the city tree program. 6. In identifying and implementing landscaping projects which improve the city forest. 7. In planning and reviewing the city forest program budget and to make recommendations to the City Council. 8. Prepare a tree list consisting of acceptable varieties of trees, acceptable size of trees, and proper planting and spacing instructions for trees located on public property. 9. In providing information to the residents concerning the development and maintenance of public right-of-way abutting private property. Including those areas using swales or the blue- green drainage principle as defined by the City standards of construction. D. TREE PROTECTION: Upon discovery of any destructive or communicable disease or other pestilence which endangers the growth of health of trees, or threatens to spread disease or insect infestations, the Parks Director shall at Title 8, Chapter 7 Page 5 of 13 Revised 7-12-2018 once cause written notice to be served upon the owner of the property upon which such diseased or infested tree is situated, and the notice shall require such property owner to eradicate, remove or otherwise control such condition within reasonable time to be specified in such notice. E. PRIVATE TREES: The Parks Director has the authority to enter onto private property whereon there is located a tree, shrub, plant or plant part that is suspected to be a public nuisance and to order its removal if necessary. F. PUBLIC NUISANCE: Any tree with an infectious disease or insect problem; dead or dying trees; a tree or limb(s) that obstruct street lights, traffic signs, the free passage of pedestrians or vehicles; or a tree that poses a threat to safety, constitutes a public nuisance. G. HEARING BEFORE COUNCIL: Should any owner or other person object to any order of the Parks Director as to the removal or control of any plant or tree an opportunity shall be provided at the next available City Council meeting to determine whether or not the condition constitutes a nuisance. Any person aggrieved by the decision of the Council shall have the rights of judicial review as provided under the Idaho Code. 8-7-7: ESTABLISHMENT and DUTIES OF THE CITY FORESTER: The City Parks Director shall be designated as the individual authorized to perform the duties and exercise the powers granted in this chapter as City Forester. Administrative/Management Duties A. Establish and retain an inventory program for all public trees. B. Retain a licensing program for private tree service companies (see 8-7- 17). C. Administer a public educational program related to Community Forestry and tree care. D. Develop and maintain a Community Forestry Management Plan. E. Administer and retain a permitting procedure for planting, pruning, protection, and removal of public trees (see 8-7-11). F. Establish and maintain a Community Forest budget separate from the City Parks Department for public tree planting, maintenance, and removal. G. Make available information for the proper selection, planting, and maintenance of trees for residential commercial and industrial developments within the City limits. The City Forester shall review and Title 8, Chapter 7 Page 6 of 13 Revised 7-12-2018 provide comment/consultation on development applications when submitted to the City Planning and Zoning Department. H. Establish policies to follow through with the provisions in this Chapter. I. Annually provide public notification of the requirements of this Chapter. Protection: To avoid creating public nuisances or damage to public trees, the City Forester is authorized to protect public trees (including the critical root zone) from construction or other harmful applications. Tree Planting: Establish and maintain tree planting specifications for public trees. Tree Maintenance: A. To ensure public health and safety the City Forester is authorized to order the pruning or removal of trees causing such conditions while taking into account the health and other elements of the tree infrastructure. B. Declare trees as public nuisances and the abatement there of as defined in sections 8-7-15 and 8-7-16. Tree Removal: A. Remove tree located on public rights-of-way which have been declared a public nuisance as specified in section 8-7-15. B. Unless determined an emergency or immediate hazard to public safety by the City Forester, public right-of way trees scheduled for removal shall be affixed with a public notification stating the reason for its removal. Such notice shall be posted not less than 30 days prior to the removal of such tree(s). 8-7-8: INTERFERENCE WITH THE CITY FORESTER-UNLAWFUL: It shall be unlawful and shall be a misdemeanor to interfere with the City Forester, and Bonneville County Police Officer, Ammon City Code Enforcement Officer, Ammon City Public Works personnel, or any Bonneville County Highway District personnel in the performance of their duties connected with the enforcement of this Chapter. 8-7-9: LANDSCAPING: All landscaping in zones other than residential shall comply with the landscaping ordinance referred to in Chapter 10-5-24 of the City of Ammon ordinances. 8-7-10: RESPONSIBILITIES OF ADJACENT PROPERTY OWNERS: Any person in possession of private property shall maintain trees upon adjacent public right of way and Title 8, Chapter 7 Page 7 of 13 Revised 7-12-2018 any trees upon private property which may affect public property, in a safe, healthy condition in compliance with the provisions of this Chapter. Adjacent property owner responsibilities: Responsibilities For Public Trees A. Obtain Permits 1. Meet all requirements and obtain all permits necessary for work done (including, but not limited to, pruning and removal) on any public trees as required in section 8-7-11. 2. Meet all requirements and obtain all permits necessary prior to commencing repair of damage done to public streets or sidewalks adjacent to any public trees as required in section 8-7-11. 3. Meet all requirements and obtain all permits necessary for any tree planting on public property as required in section 8-7-11. B. Routine Tree Maintenance 1. Pruning of trees located on public rights-of-way adjacent to the owner’s private real property. a. Prune and maintain such trees according to ANSI A300, except sections 5.5 and 5.6, which are deleted. b. Topping, heading, shearing or rounding over are not acceptable forms of tree pruning and are not allowed on public trees unless first approved by the City Forester. c. Except as otherwise determined by the City Forester, branches that overhang public sidewalks or streets shall be pruned to provide sufficient vertical clearance over the sidewalk and street so as not to interfere with public travel. The minimum vertical clearances shall be as follows:  7 feet overhang above sidewalks.  15 feet overhang above streets. d. Trees shall be pruned to remove dead or other limbs considered a public nuisance as defined in section 8-7-15. 2. Provide sufficient water to maintain trees located on public rights-of- way adjacent to the owner’s private property in a healthy growing condition. 3. Control pests on trees located on public rights-of-way adjacent to the owner’s private real property. Title 8, Chapter 7 Page 8 of 13 Revised 7-12-2018 C. Protection/Preservation 1. Obtain a permit from the City Forester before performing any activity which may harm any part of a public tree (inclusive of the critical root zone). 2. Notify the City Forester when any part of a public tree has been damaged or destroyed. Responsibilities For Private Trees D. Routine Tree Maintenance 1. Removal or pruning of trees located on the owner’s private real property that are considered a public nuisance as defined in section 8-7-15. 2. Branches that overhang sidewalks or streets shall be pruned to provide sufficient vertical clearance over the sidewalk and street so as not to interfere with public travel as provided by this section. 3. Control of pests on trees located on the owner’s private real property which may, upon determination by the City Forester, pose a threat to public trees. 4. Removal of all debris (wood, branches and leaves) from public property by sunset of the day on which any tree work is done. 8-7-11: PERMITS A. It is prohibited for any person to perform any of the following actions without first obtaining a permit, for which there is no fee, from the City Forester. Further, there is nothing contained in this section to exempt any person from the requirements of obtaining any additional permits as required by law: 1. Plant trees on public rights-of-way or in any other public places. 2. Prune, cut, remove or otherwise disturb any public tree. This provision shall not prohibit owners of property adjacent to public rights-of-way from watering or fertilizing such trees. 3. Attach any objects to public trees. 4. Excavate, trench, dig, or pile soil any other object within the critical root zone of any public tree(s). B. Permit Application Procedures 1. Contact the City Forester by mail, phone, fax, or e-mail prior to the beginning of the proposed work. 2. The City Forester may condition the approval of any permit. 3. Upon inspection, the City Forester may issue a permit to perform any of the acts addressed in part A of this section. Title 8, Chapter 7 Page 9 of 13 Revised 7-12-2018 C. Tree Planting Permits 1. Each application submitted for a planting permit must designate the species and variety of the public tree proposed. The location of the planting shall be determined by the City Forester. 2. Approval of tree species, placement, spacing, and minimum tree well size shall be obtained from the City Forester prior to issuing a permit. 3. For any reason if a tree in planted in conflict with this provision in this Chapter, the City Forester has authority to remove or cause the removal of the same. The cost of the tree removal may be charged to the person responsible for the planting. D. Tree Pruning/Removal Permits 1. Before pruning or the removal of any public tree, and application for permit must be submitted by the property owner or private tree company currently licensed by the City. 2. Whenever a tree on public rights-of-way is removed, the applicant shall replace the removed tree as a condition of the permit for removal unless otherwise specified by the City Forester. Conditions may include compensatory payments as indicated in section 8-7-13. 8-7-12: DAMAGING, DESTROYING, OR MUTILATIING PUBLIC TREES: It is prohibited and unlawful for any person to: A. Damage, destroy, or mutilate any public tree. B. Attach any device or structure (i.e. tree houses, lights) to or on any public tree unless otherwise specified by the City Forester. C. Store, spill, or dump and substance either liquid or solid that may be harmful to trees on any part of a public tree or within the critical root zone of a public tree. D. Damage public trees through construction activities in violation of the conditions of a permit issued under this Chapter. Such activities include, but are not limited to: 1. Making excavations or cuts in the soil near roots of public trees unless otherwise specified by the City Forester. 2. Damage roots of a public tree by compacting or placing fill within the critical root zone of a tree. 3. Engage in any pruning activity on public trees not in accordance with ANSI A300, including, but not limited to; topping, heading, rounding or shearing unless otherwise specified by the City Forester. 8-7-13: COMPENSATORY PAYMENTS: For any reason a person should remove, destroy, or damages any public tree, that person shall be required to replace such tree with a tree(s) of equal dollar value unless otherwise determined by the City Forester. The value of the tree shall be determined by the City Forester in accordance with accepted plant appraisal methods found in the latest edition of The Guide for Plant Title 8, Chapter 7 Page 10 of 13 Revised 7-12-2018 Appraisal published by the International Society of Arboriculture. In the event that no suitable tree is located 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 Ammon equal to the difference in value between the tree removed and any replacement tree(s). In the event the City Forester determines that a public tree is damaged but not sufficiently to justify its removal shall be considered devalued. The amount of the devaluation shall be paid to the City of Ammon by the person causing the damage. Collected compensatory payments shall be placed into a fund established for community forestry programs. 8-7-14: VIOLATIONS AND PENALTIES: Any violation of the provisions of this chapter shall be deemed an infraction and shall be subject to penalties prescribed for such violations under section 1-4-2 of this code, subject to the provisions of Idaho Code 18- 111 and 18-113A. Each day of the violation shall be considered a separate offense and shall be punishable by separate fines and imprisonment as provided for herein. In addition to any criminal penalties that may be imposed, the City of Ammon may pursue civil penalties and restitution for actual damages as defined in section 8-7-13. 8-7-15: PUBLIC NUISANCES: The following are considered to be public nuisances under this Chapter: A. Any tree or part thereof (private or public) which, by reason of location or condition, constitutes a hazard to public safety as determined by the City Forester. B. Any tree or part thereof (on public or private property) which obstructs the free passage of pedestrian or vehicular traffic or which obstructs public street lighting. C. Any tree 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. 8-7-16: ABATEMENT OF PUBLIC NUISANCES: The following are means of abating public nuisances: A. Any tree or host plant or part thereof (public or private) determined to be a public nuisance as described in section 8-7-15 shall be pruned, removed or otherwise treated in accordance with this Chapter. All costs for nuisance abatement are the responsibility of the adjacent property owner. B. The City Forester is authorized to cause the immediate abatement of any nuisance if it is determined by the City Forester to be an emergency or immediate hazard to public safety. C. The City Forester may cause a written notice to be personally delivered or sent by mail to the owner of the particular property. D. In any case that the nuisance is not abated by the specified date in the notice, the City Forester is authorized to cause the abatement of determined nuisance. Title 8, Chapter 7 Page 11 of 13 Revised 7-12-2018 The reasonable cost of abatement shall be charged to the property owner. The property owner shall reimburse the City said abatement costs within 30 days after notification of said cost by the City. If the property owner does not pay said abatement amount, the City shall be entitled to collect the same together with all attorney fees and court costs incurred in said collection. Further, the property owner where the nuisance is located may be subject to prosecution under this Chapter, or any other Chapter of the City Code or the Idaho Code for maintaining a public nuisance. E. If the City Forester determines that disposal of the wood, branches and soil from removal of pruning of a nuisance tree is needed to complete the abatement, such disposal shall be completed as required and all costs associated with the disposal of material from private trees shall be the responsibility of the property owner. 8-7-17: LICENSING OF PRIVATE TREE SERVICES: It shall be unlawful for any person to engage in the trade or commercial business of pruning or removing trees located on public property without first procuring a license from the City Forester. A. Each applicant for a license or renewal thereof shall make application to the City Forester on a form to be furnished by the City. The form shall be signed by the applicant and shall contain such information as may be required by the City Forester. Information shall include, but not limited to : 1. The business name, address, home address and telephone number of the company president or owner(s). 2. Proof of current arborist certification with the International Society of Arboriculture held by at least one person on staff of the business in a supervisory capacity and approved by the City Forester. 3. Demonstration that arboricultural work is in accordance with ANSI A300 may be required prior to approval of license. 4. A certificate of liability and property damage insurance by an insurer authorized to do business within the state of Idaho. Such insurance policy shall provide not less than $500,000.00 or the amount currently required by Idaho Code Title 6. B. After examining the applicant’s qualifications, the City Forester shall approve or disapprove the application. If the application is approved, the applicant shall file the application with the City Clerk along with an annual fee shall be determined by a schedule of fees adopted by the City Council by resolution which may be amended from time to time. C. All licenses shall expire one (1) year from the date of issue unless another date is endorsed on the license by the Clerk. Title 8, Chapter 7 Page 12 of 13 Revised 7-12-2018 D. If for any reason the person performing the tree care does not comply with the provisions of this Chapter, the City Forester is authorized to revoke or suspend the tree care license. Failure to maintain arborist certification or required insurance shall also result in suspension or revocation. In the event of a revocation of said license, the City Clerk shall mail a letter informing license holder of revocation of license. 8-7-18: APPEALS: A. Any person affected by an order, grant, denial, or revocation of a license or permit by the City Forester may appeal such order, grant, denial or revocation to the Ammon City Council. B. Such appeal shall be filed in writing with a fee which shall be determined by a schedule of fees adopted by the City council by resolution which may be amended from time to time. Appeal and fee shall be submitted to the City Clerk within 10 days of the date of notification. C. The appeal shall be heard by the City Council. Action by the City Forester and the appellant shall be delayed until the decision of the City Council is rendered. D. The City Council may in conformity with the provisions of this Chapter reverse, affirm or modify wholly or partly, the order, grant, denial or revocation of any permit and the decision of the City Forester. E. The decision of the City Council shall be final. Title 8, Chapter 7 Page 13 of 13 Revised 7-12-2018