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Ordinance 1908COUNCIL BILL 849 ORDINANCE NO. 1908 AN ORDINANCE RELATING TO TREES LOCATED WITHIN THE CITY OF WOODBURN AND REPEALING ORDINANCE 1768. The people of the City of ~9oodburn do ordain: SECTION 1. Definitions: As Used In This Ordinance, The Following Words 11dIean: A Park tree: A tree, shrub, bush, or other woody vegetation located in public park or other area owned by the City having an individual name, and all other areas owned by the City, or to which the public has free access as a park. Private tree: A tree, shrub, bush or other woody vegetation located on private property other than a dedicated right-of-way or City utility easement or public parks and grounds. Street tree: A tree, shrub, bush or other woody vegetation on land lying within a dedicated right-of-way along either side of a street, avenue or other way within a dedicated utility easement of the City. SECTION ~ Creation Of A Street Tree Committee: There is hereby created a standing committee of the Woodburn Recreation and Parks Board and the Woodburn Planning Commission that shall be known as the Street Tree Committee. The members of the committee are the same as the members of the Board and Commission. SECTION 3. Duties And Responsibilities Of The Street Tree Committee: The Committee shall study, investigate, and develop, and/or update annually, and adminster a written plan for the care, preservation, pruning, replanting, removal or disposition of Street trees and Park Trees. The plan shall be presented when required to the City Council, and upon their acceptance and approval, shall constitute the official Comprehensive City Tree Program of the City of Woodburn, Oregon. The Committee, when requested by the City Council, shall consider, investigate, make findings, report and recommend upon any special matter or question coming within the scope of its work. SECTION 4. Street Tree Species To Be Planted: The Official Woodburn Street Tree List of acceptable species of trees, shrubs, bushes and other woody plant material shall be compiled by the Committee and made available to the public. No person, without the written permission of the City, shall plant a Street tree of a species other than those included on the list. SECTION 5. Street Tree Care: In consideration of the value and benefits derived from the beauty and enjoyment of the Street trees, the property owners abutting dedicated rights-of-way and utility easements, shall have the responsibility, control, and shall bear the cost of maintenance and care of the street trees abutting their property, and shall regularly inspect and remove defective conditions as necessary, PAGE 1 - COIfNC I L BILL N0. 849 ORDINANCE N0. 1908 SECTION 6. Public Tree Care: (1). The City may plant, prune, maintain and remove park and street trees, as may be necessary to insure public safety, or to preserve or enhance the appearance of public lands. The City may remove, or cause to be removed, at the expense of the abutting land owner, a tree or part of a tree which is in an unsafe condition, which by reason of its nature is injurious to public waterlines, private sewers, electric lines, telephone lines, gas lines, or other public improvements, or is affected with any injurious fungus, insect, or pest. (~). This section does not prohibit the planting of street trees by abutting property owners, providing that the selection, location, and planting of such trees is in accordance with the list of acceptable species and the other sections of this ordinance. SECTION 7. Summary Powers For Removal Of Dangerous Or Nuisance Trees: (1). The City may prune a private tree when it interferes with the proper spread of light along the street from a street light, or interferes with the visibility of any traffic control device or sign. (2). The City may cause the removal of all, or part of any dead, dangerous or diseased park, private or street tree when the tree constitutes a hazard to life, property, or harbors insects or disease which constitutes a potential threat to other trees within the City. (3). The City may remove or trim a tree described in this section or may require the property owner to remove or trim any such tree on private property, or in a dedicated right-of-way or utility easement abutting upon the owner's property. Failure of the property owner to remove or trim the tree within 30 days after receiving notice by the City Administrator is a violation of this Ordinance, and the Public Works Department may then remove or trim the tree and asses the costs as a lein against the property. SECTION 8. Spacing of Plantings: The spacing of street trees shall be in accordance with the species, size, classes listed in the Official Woodburn Street Tree List of this Ordinance, and no trees shall be planted closer together than the following: small trees, 30 feet; medium trees, 40 feet; large trees, 50 feet measured trunk to trunk, except in special plantings approved by the City. SECTION 9. Planting Distance From Curb And Sidewalk: The distance the trees may be planted from curbs, or curb lines and sidewalks shall be in accordance with the official Woodburn Street Tree List. No trees shall be planted in any parkway strip less than 4 feet in dimension between the curb or curb line and the sidewalk. No trees shall be planted closer to any curb or sidewalk than the following: small trees, 2 feet; medium trees, 3 feet; large trees, 4 feet. SECTION 10. Planting Distance From Street Corners, Fire Plugs, And Street Lights: No street trees shall be planted closer than 30 feet from any street corner, measured from the point of the nearest intersecting curbs or curb lines. No street trees shall be planted closer than 10 feet to any fireplug or 30 feet to any street light measured from the base of the street light. Vision clearance shall be provided as described in Section 8,19 of the Woodburn Zoning Ordinance. SECTION 11. _Planting Distance From Utilities: No street trees other than those species listed as small trees in the list of acceptable species may be planted under or within 10 lateral feet of any overhead utility wire,and no street tree may be planted over or within 5 lateral feet of any undergound water line, sewer line, transmission line or other private utility. PAGE 2 - COUNCIL BILL N0. 849 ORDINANCE N0. 1908 SECTION 12. Planting Distance From Property Lines. No private trees shall be planted closer than 5 feet to any private property line. SECTION 13. Tree Topping. Except as provided by this Section, it shall be unlawful as a normal practice of any person, firm or City Department to top any street tree, park tree, or other tree on public property. Topping is defined as the severe cutting back of limbs or stubs larger than three inches in diameter within the trees crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or obstructions where other pruning practices are impractical may be exempted from this Ordinance by the determination of the City. SECTION 14. Pruning and Corner Clearance: The owner of a tree overhanging a street right-of-way within the City shall prune the branches so that the branches do not obstruct the light from a street lamp or construct the view of any street intersection. The owner shall maintain a clear space of 15 feet above the surface of the street, and 10 feet above the surface of any sidewalk. The owner shall remove all dead, diseased, or dangerous, or broken or decayed limbs which constitute a menace to the safety of the public. SECTION 15. Abuse Or Mutilation Of Trees: No person shall abuse, destroy, or mutilate any street tree, in a dedicated public right-of-way, or any other public place, or attach or place any rope or wire (other than one used to support the tree itself), sign, poster, handbill, or other thing to, or on any tree growing in a public place, or cause or permit any wire charged with electricity to come into contact with any such tree, or to allow any gaseous liquid, or solid substance which is harmful to such trees to come into contact with their roots or leaves. SECTION 16. Removal Of Stumps: All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground. The costs of removing stumps shall be borne by the abutting property owner, and the costs shall be a lein against the abutting property. SECTION 1'7. Tree Replacement: The City may require the replacement by the abutting land owner, at the land owner's expense, of anew tree after permission has been granted for the removal of an existing street tree. SECTION 18. Arborculturist Permit And Insurance Bond: No person, or firm shall engage in the business or occupation of pruning, treating, or removing street or park trees within the City without first applying for, and procuring permission from the City. However, permission shall not be required of any public service company, or City employee doing such work in the pursuit of their public service endeavors. Before permission is granted, an aborcultruist shall file evidence of possession of liability insurance in the minimum amounts of $100,000 for bodily injury and $300,000 property damage indemnifying the City or any person injured or damaged resulting from the pursuit of the endeavors as described in this Section. PAGE 3 - COUNCIL BILL N0. 849 ORDINANCE N0. 1908 SECTION 19. Interference With The City: No person shall prevent, delay, or interfere with the City or any of its agents, while engaging in the planting, cultivating, mulching, pruning, spraying, or removal of any street trees, park trees, or private trees as authorized by this Ordinance. SECTION 20 Administration Of The Ordinance: The intrepretation and administration of this ordinance is the responsibility of the City Administrator or persons designated by the City Administrator. SECTION 21. Appeals: Appeals from an order made under the authority of this Ordinance may be made by filing a written notice with the City Administrator within 10 days after the order is received, stating in substance, that the appeal is being made from the order to the City Council. The Administrator shall call the appeal to the attention of the City Council at their next regular succeeding meeting. At the meeting the appellant and the Recreation and Parks Director, or the Public Works Director may present evidence. Action taken by the City Council after the hearing shall be conclusive. SECTION 22. Review By The City Council: The City Council may review the conduct, acts and decisions of the Street Tree Committee. A person may appeal from the ruling or order of the Committee to the City Council who shall hear the matter and make final decision. SECTION 23. City Infraction Assessment: A violation of any provision of this Ordinance constitutes a Class II City Infraction and shall be dealt with according to the procedures established by Ordinance 1610. SECTION 24. Severability Clause: Each portion of this Ordinance shall be deemed severable from any other portion. The unconstitutionality or validity of any portion of this Ordinance shall not invalidate the remainder of the Ordinance. SECTION 25. Repeal Clause. Ordinance 1786 is hereby repealed. Approved as to Form: w~ l City Attorney Date __~. ~.__ APPROVED: ~~~=~~~~''''"'--~ ~ ~ --~ ' WILLIAIl1 J. COSTINE, fllGiayor Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder January 14, 1985 January 17, 1985 January 17, 1985 January 17, 1985 ATTEST. =°~ ~ ~A~RNEY O. BU RRIS, Recorder City of Woodburn, Oregon PAGE 4 - COUNCIL BILL N0. 849 ORDINANCE N0. 1908 Recommended Large Trees: Recommended trees for a minimum 8 foot wide parkway with no overhead wires. Trees will grow 60-120 feet in height. COMMON NAME: Sugar Maple Red Maple Norway Maple Cutivars Sweet Gum Linden Species Fagus Species Oak Species Celtis Species Tupelo Blue Ash Ginko Tree Oriental Plaintree Honey Locust (godless) SCIENTIFIC NAME: Acer Saccharinum Acer Rubrum Acer Platanoides Liquid Amber Styruciflua Tilia Fagues Quercus Celtis Nyssa Sylvatica Fraxinus Quadrangulata Ginko Biloba Plantanus Orientalis Gleditisa Traincanthos TREES NOT ALLOWED IN STREET TREE PLANTINGS: The following trees are illegal and may not be planted in dedicated street rights-of-way or utility easements. In general, no conifers or fruit bearing tree may be planted in the right-of-way. COMMON NAME: SCIENTIFIC NAME: Poplar Species Poplus Species Willow Species Salix Species Holly Ilex Species Elms Ulmus Lilac Species Syringa Species Pines Pines Species Spruces Picea Species Hickory Carya Species Catalpas Catalpa Species Walnuts Juglans Species Box Elder Acer Negundo Silver Maple Acer Saccharinum Horse Chestnut Aescules Hippocastanum Tree of Heaven Ailanthus Altissima CITY OF WOODBURN STREET TREE SPECIES This is a partial list of varieties and species of trees which are recommended, or not permitted for planting in dedicated City rights-of-way or utility easements. Other species, cultivars and varieties may be accepted upon the approval of the Street Tree Committee. Recommended Small Trees: Recommended street trees for a minimum 4 foot wide parkway strip, with no overhead wires and a minimum 10-14 foot setback. Trees that will grow from 30-35 feet in height. COMMON NAME: Gerling Red Maple Tilford Red Maple Schlesinger Red Maple Pyramidal Sycamore Maple Pyramidal European Hornbeam Chanticleer Pear Rancho Callery Pear Trinity Pear Rancho Little Leaf Linden SCIENTIFIC NAME: Acer Rubrum 'Gerling Acer Rubrum 'Tilford' Acer Rubrum 'Schlesinger' Acer Pseudo Plantanus Carpinus Betulus 'Pyramidal' Prunus Prunus Prunus Tilia Cordata Recommended street trees for a minimum 3 foot wide parkway strip, with overhead wires and a minimum 10-14 foot setback. Trees that will grow from 18-30 feet in height. COMMON NAME: Almira Norway Maple Globe Norway Maple Globe European Ash Globe Honey Locust English Hedge Maple Globe Desert Ash Golden Raintree Wintergold Crab Apple Profusion Crab Apple LaValle Hawthorne Kwanzan Cherry Thundercloud Plurn SCIENTIFIC NAME: Acer Platanoids'Almira' Acer Platanoids 'Globe' Fraxinus Excelisor 'Globe' Gleditisa Triancanthos 'Globe' Acer Camestre Fraxinus Velotina Koelreoteria Malus'Winter Gold' Malus 'Sargent' Crategus Lavellei Prunus 'Kwanza' Prunus 'Thundercloud' Recommended Medium Trees: Recommended street trees for a minimum 4 foot wide parkway with no overhead wires and a minimum 15 foot setback. Trees will grow 35-40 feet in height. COMMON NAME: Cavalier Norway Maple Cleveland Norway Maple Vineleaf Sycamore Maple Royal Crimson Maple Shade King Red Maple Ruby Red Horse Chestnut Flame Ash Crimean Linden Mongolian Linden Purple European Hornbeam SCIENTIFIC NAME: Acer Platanoides Acer Platanoides Acer Pseudo Plantanus 'Vineleaf' Acer Platanoides 'Royal Crimson' Acer Rubrum 'Shade King' Aesculus Carnea Franinus Pennsylvanica 'Atropurpurea' Tilia Echlora Tilia Carpinus