Section 12.02.904 Urban Forestry Program

1. Establishment.
   The urban forestry program is established within the parks and recreation department, which exercises jurisdiction over trees and shrubs within the public rights-of-way and other public places.
    
2. Responsible Official.
   The director of parks and recreation is designated as the responsible official for administering the urban forestry program. The director may designate an employee as the urban forester to perform the duties to administer the program.
    

3. Authority.

   1. The director regulates and permits the planting, pruning, removal, replacement, and maintenance of all street trees.

   2. The director, with the advice and assistance of the tree committee, will prepare the Arboricultural Manual and will present the manual to the park board and city council for adoption.

   3. The director, with the advice and assistance of the tree committee, will prepare the vegetation management plan and will present the plan to the park board, plan commission, and city council for adoption.

   4. The director examines all trees and shrubs within the scope of this article to determine whether they are contagiously diseased, dead, or hazardous, obstructing the right-of-way, or posing a threat to public safety, having the right to take samples from trees and shrubs for laboratory testing.

   5. The director, with the advice and assistance of the tree committee, will develop a plan for assisting property owners with their street trees, which plan includes educational programs and criteria for financial assistance.

   6. The director will develop educational programs for the public promoting proper urban forestry practices.

   7. The director will facilitate the establishment of a citizen advisory committee to facilitate citizen participation in the urban forestry program.

Date Passed: Monday, June 25, 2007

Recodification ORD C34053 Section 1

Section 12.02.906 Hazard Evaluation Criteria

Municipal response to tree or other hazards within the scope of this article is in the City’s sole discretion. In prioritizing a response, City officials may use the International Society of Arboriculture’s twelve-point hazard evaluation system, but no obligation to act is created.

Date Passed: Monday, June 25, 2007

Effective Date: Saturday, August 4, 2007

Recodification ORD C34053 Section 1

Section 12.02.908 Abutting Owner Responsibilities – City Tree Maintenance List

1. Abutting property owners are responsible for the following:

   1. Protection of street tree health by obtaining all permits as required by this article for planting, removal, or pruning of street trees. The property owners may perform minor pruning of street trees on their property without obtaining a permit.

   2. Care and maintenance of the tree lawn to ensure proper health of the trees.

   3. Removal and replacement of street trees which are topped or improperly pruned if the director determines that a street tree’s health is severely degraded.

   4. Care and maintenance of trees on their property in such a way as to not cause a hazard to the public safety or to the health of public, landmark or street trees.

   5. Removal of trees located on their property that have been declared a public nuisance or hazard.

   6. Abutting property owners must exercise reasonable care in the use or condition of their property so as not to render the right-of-way unsafe for ordinary travel or to endanger persons or property of persons using the right-of-way. Abutting property conditions may include planting or allowing trees, shrubs, plants, or other natural or human placed installations which affect the right-of-way directly or indirectly. Uses include a use with may cause or promote damage, unauthorized alteration, or interference with the right-of-way, not by way of limitation. The abutting property includes the curtilage and areas in or near the right-of-way, whether or not actively used for public travel.
       
2. Any duty imposed upon a property owner applies jointly and severally to a property occupant, but enforcement action against an occupant does not release the owner from ultimate responsibility hereunder.
    
3. Sometimes, funding may become available for the park department to assist in planting new street trees, pruning, removal, or otherwise helping with street tree maintenance for street trees on tree lawns. This effort may arise in low income neighborhoods or become available through community development federal funding or other public or private resources. No action by the park department shall relieve a property owner of an obligation under this article except to the extent the park department may be able to assist and support the property owner, and no municipal duty is created thereby. If a new street tree is proposed to be planted, the park department shall work with the abutting property owner to confirm the owner’s understanding of owner’s responsibilities under this article. Specific reference is made to policy NE 12.5 in the Natural Environment chapter of the City of Spokane comprehensive plan, which provides for a policy of “no net loss” in street trees, explaining that street tree removal should only be granted when a tree is determined by the City to be sick, damaged, or near the end of life. This does not restrict removal for public health and safety reasons, in the determination of public safety officials.
    
4. The director may develop a maintenance list for street trees or other trees in certain areas where the department is able to perform tree maintenance work. Except in such circumstances, and only to the extent resources may be available, or to the extent SMC 12.02.912(F) may apply, actions taken under this article are at the cost and liability of the abutting property owner or other responsible party or parties, as may be determined by the director.

Date Passed: Monday, June 25, 2007

Effective Date: Saturday, August 4, 2007

Recodification ORD C34053 Section 1

Section 12.02.910 Street Tree Permit Required

1. Pruning and Removal of Trees.
   No person may perform major pruning of trees, or cause or authorize any person to prune or remove trees, in planting strips, rights-of-way, or other public places without first filing an application and obtaining a street tree pruning/removal permit from the City.

   1. Application Data.
      The application must state the location, number, and kind of trees to be pruned or removed; the kind of maintenance or other work to be done; and such other information as the director may find reasonably necessary to a fair determination of whether a permit should be issued.

   2. Standards for Issuance.
      The director issues the permit if in his judgment the proposed work is consistent with the ordinance and the proposed method and workmanship are satisfactory.

   3. Time.
      Any permit issued shall contain a date of expiration and the work must be completed in the time allowed on the permit.

   4. Major Pruning.
      The City requires that the pruning be performed by a person licensed by the City pursuant to SMC 10.25.010.
       
2. Planting of Trees.
   No person may plant a tree in any City rights-of-way without first obtaining a street tree permit from the City.
    
3. Notice of Completion.
   A notice of work completion concerning tree planting, removal, or major pruning must be given by the permit holder within five days to the director for inspection. Inspection shall be completed within ten working days.
    
4. Annual Permit for City Departments and Utilities with Easements or Franchises Within the Rights-of-Way.
   City departments and utilities may apply for an annual permit to perform pruning, planting, or removal of trees within the rights-of-way. The permit application must include an annual plan that identifies work that will be done during the year. The permit holder must file quarterly reports which will identify all work done on street trees and trees in public places.
    
5. Emergency Pruning and Removal.
   If immediate removal or major pruning is required to protect the health and safety of the public, tree work to mitigate the immediate hazard may be performed without a permit. The director must be notified on the first working day after the tree work is begun and a permit must be obtained. In the case of a declaration of emergency notification may be made within a reasonable time.
    
6. The director may decline to issue a permit, or revoke a permit issued, to any person who refuses or neglects to comply with any of the provisions of this code.

Date Passed: Monday, June 25, 2007

Effective Date: Saturday, August 4, 2007

Recodification ORD C34053 Section 1

Section 12.02.912 Removal, Pruning of Trees and Shrubs

1. The director may authorize or order removal of or may remove street trees and shrubs situated within the rights-of-way, or other treatment or pruning, whenever one or more of the following criteria are met:

   1. The tree or shrub is hazardous or other good cause.

   2. The tree or shrub is damaging public improvements or public utilities and removal is necessary because of the installation of, or potential or actual damage to, a sidewalk, parkway, curb, gutter, pavement, sewer line, underground utility or other municipal improvement.

   3. There is infection or infestation of trees or shrubs with a disease or pest detrimental to the growth, health or life of such trees and which infection or infestation cannot be controlled or removed.

   4. The vegetation obstructs rights-of-way, authorized traffic signs or is determined to interfere with line of sight or creates other identified traffic or safety concerns.

   5. The tree’s health is severely degraded because of improper pruning, including severe crown reduction.
       
2. When the engineering services department determines that vegetation obstructs a public right-of-way, it notifies the director. Unless an emergency requires immediate abatement by the City, the director may utilize the procedures in SMC 10.20.020,SMC 12.02.910, or any other lawful means for pruning or removal.
    
3. As a condition of removal, the director requires replacement with trees or shrubs that are appropriate for the location, unless replacement is not possible.
    
4. If a street tree is to be removed at the order of the director, unless immediate removal is necessary to protect public health and safety, he notifies the property owner and tenants thirty days prior to the proposed date of removal. The notice states the reason(s) for the removal and the proposed date of the removal. An order of removal may include an estimated cost and provide the property owner with the option of procuring removing within a time specified by authorized persons, but no estimate shall bind the City to accept any amount less than the true and actual cost determined after corrective action is taken.
    
5. For City projects which will require removing one or more trees, the department will notify the property owner and tenants thirty days prior to the proposed date of removal. A copy of the notice shall also be delivered to the department of neighborhood services and code enforcement within the same time frame.
    
6. Questions affecting right-of-way management are referred to the director of the engineering services department. The parks director may also refer inquiries about interdepartmental assistance to the director of engineering services, where a healthy tree may be preserved with extra measures involving additional cost or expense, on a site by site basis.

Date Passed: Monday, November 26, 2007

Effective Date: Tuesday, January 1, 2008

ORD C34139 Section 8

Section 12.02.914 Tree Protection, Conservation and Preservation

1. All street and public trees near any excavation, demolition, or construction of any building, structure, street, or utility work must be sufficiently guarded and protected by those responsible for such work as to minimize potential injury to said trees and to maximize their chance for survival. When street and public trees are near the project, any construction permits issued by the City must be approved by the director, who may require protective measures as specified in the Arboricultural Manual.
   
   

2. No person may destroy, injure, or deface any street tree or public tree on public property by any means, including, but not limited to, the following methods:

   1. Impede the free passage of water, air, or fertilizer to the roots of any tree, shrub, or other plant by depositing vehicles, concrete, asphalt, plastic sheeting, or other material detrimental to trees or shrubs on the tree lawn or on the ground near any tree.

   2. Pour any toxic material on any tree or on the ground near any tree.

   3. Cause or encourage any fire or burning near or around any tree.

   4. Severely reduce the tree crown except when pruning of trees under utility wires or obstructing the right-of-way as allowed by a permit issued by the director. Removal or replacement is preferred to severe crown reduction.

   5. Carve or attach any sign, poster, notice, or other object on any tree or fasten any rope, wire, cable, nails, screws, staples, or other device to any tree except as used to support a young or broken tree; however, nothing in this section shall be construed in such a manner that it forbids lighting of a decorative or seasonal nature, provided that such lighting is not attached in such a way as to cause permanent damage to the tree.

   6. Plant trees reaching an expected mature height of twenty-five feet or more under utility lines.
      
      
3. No person may prevent, delay, or interfere with the director, or the director’s designee, or any City employee in the execution or enforcement of the provisions of this article or otherwise violate this Article V.
   
   
4. Any person responsible for a violation of this section must pay the cost of repairing or replacing any tree or shrub damaged by the violation. The value of trees and shrubs is to be determined in accordance with the latest revision of the Guide for Plant Appraisals as published by the International Society of Arboriculture.
   
   
5. In addition to remedies under subsection (D) of this section, violation of this section is a class 1 civil infraction. The director has the discretion to issue a warning for a first-time violation.

Date Passed: Monday, June 25, 2007

Effective Date: Saturday, August 4, 2007

Recodification ORD C34053 Section 1

Section 12.02.916 Protection of Public and Private Historic and Heritage Trees

1. The historic and heritage tree preservation designation recognizes the significance of trees to the City. A tree may be retained beyond its useful life because of its contribution to the environment and City character. The intent of this ordinance is to balance the preservation of historic and heritage trees with the growth and development of the City of Spokane. A heritage or historical tree is designated by the tree committee based on the following criteria:

   1. Has historical significance to a person, place, or event.

   2. Has attained significant size in height, caliper, or canopy spread for its age and species.

   3. Has special aesthetic qualities for its species.

   4. Is prominently visible to the public, along major roads, or public places.

   5. Possesses rare horticulture value.

   6. Is not a hazard or obstruction.

   7. The owner of the tree agrees in writing to the “Heritage” designation of the tree and has complied with the nomination steps set forth in subsection D of this section.
       

2. The purpose of the heritage tree program shall be to accomplish the following:

   1. Increase public awareness of trees in general and specifically Spokane’s urban forest.

   2. Draw attention to and protect those significant heritage trees that are unique as specified by SMC 12.02.916.

   3. Provide publicity for increased awareness of the purpose and activities of the Spokane urban forestry tree committee (UFTC), the UFTC citizen advisory committee and the urban forestry program.

   4. Encourage public participation in the identification and perpetuation of heritage trees throughout the City.
       
3. The definition of “heritage tree” is a tree or collection of trees that is particularly desirable because it has valued, unique characteristics that set it apart from other similar trees as specified by SMC 12.02.916.
    

4. The process for nomination shall be as follows:

   1. Any individual or group of individuals interested in identifying and preserving heritage trees may nominate a tree or trees on any Spokane City property for “heritage” status.

   2. The city council may nominate a tree or collection of trees on City property for heritage tree status.

   3. Heritage tree nominations shall be submitted to the urban forest tree committee on nomination forms provided by the urban forestry program of the City.

   4. The nomination shall at least include:

      1. a description of the tree nominated;

      2. the characteristics that merit the tree being designated for heritage tree status, (as designated in SMC 12.02.916) including the history of the tree, if known;

      3. a photograph of the tree; and

      4. a map locating the tree.

   5. The owner of the property on which the nominated tree is located shall agree to the nomination by signing the consent statement on the nominating form.

   6. The owner of the property on which the nominated tree is located must agree in writing to allow the tree to be placed on a City map of heritage trees.

   7. To inform future property owners, the owner of the property will be encouraged in the notification letter to record a notice to title indicating the location of the heritage tree on the property.

   8. Upon recommendation by the urban forest tree committee, the council may remove designation of any tree as a heritage tree if it finds that such designation is no longer appropriate.
       

5. The authority and process for designation of heritage trees shall be as follows:

   1. The urban forest tree committee (UFTC) shall consider heritage tree nominations at their regular meetings, using the heritage tree designation guidance document to make their determination. The consideration meetings should take place within two months from receipt of a nomination. No tree may be given heritage tree status unless a quorum of UFTC members discuss and vote in favor of the heritage tree nomination.

   2. Criteria to be considered by the urban forest tree committee for recommending a nomination for heritage tree status shall include the following (as designated by SMC 12.02.916):

      1. Has historical significance to a person, place, or event.

      2. Has attained significant size in height, caliper, or canopy spread for its age and species.

      3. Has special aesthetic qualities for its species.

      4. Is prominently visible to the public, along major roads or public places.

      5. Possesses rare horticultural value.

      6. Is not a hazard or obstruction.

      7. The owner of the tree agrees in writing to the “heritage” designation of the tree and has complied with the nomination steps set forth in subsection D of this section.

   3. All heritage trees will be identified and recorded in a register maintained by the urban forestry tree committee and the urban forestry program.

   4. Notice of all trees identified as heritage trees by the urban forest tree committee shall be forwarded to the mayor. All designated trees, including names of the nominator and the property owner, will then be acknowledged in a letter from the mayor to the nominator and property owner. This letter will be provided by the urban forestry program to the mayor’s staff. Further individual heritage tree publicity is at the discretion of the mayor and the urban forest tree committee, such as proclamations and publicity releases.

   5. The urban forest tree committee shall give biannual updates to the city council on the number of trees designated.
       
6. The city will provide the owner with a professional arborist’s assessment of the health of the tree and recommendations for maintaining the tree according to accepted pruning and care standards.
    
7. A heritage tree or collection of trees is retained by the property owner and does not become the property or responsibility of the City. The property owner is responsible for all maintenance and liability issues pertaining to the tree or trees. Prior to removal of a heritage tree, a property owner must consult with the urban forest tree committee, as specified on the consent form. The City strongly encourages all heritage tree property owners to retain these significant tree(s). However, a heritage tree designation does not prohibit a property owner from developing a property and/or removing the heritage tree or trees subject to the City’s tree retention regulations.
    
8. The tree committee may establish additional procedures for nomination of heritage trees consistent with this section. A registry of historic trees is maintained and the designation is indicated on the City tree inventory.

Date Passed: Monday, November 2, 2009

Effective Date: Friday, December 11, 2009

ORD C34494 Section 1

Section 12.02.918 Disposal of Urban Forest Products

The urban forester may sell wood and other forest products generated during urban forestry and park operations. The proceeds from such sales will be deposited in the urban forestry fund.

Date Passed: Monday, June 25, 2007

Effective Date: Saturday, August 4, 2007

Recodification ORD C34053 Section 1