Salida Tree Ordianances

ARTICLE VII
Landscaping and Illumination Standards

Sec. 16-7-10. Purpose.

The purpose of this Article is to provide standards for landscaping and illumination of all development within the City, so as to maintain the character of residential neighborhoods, commercial centers and industrial areas. This is accomplished by requiring minimum planting, buffering and screening around and within residential and nonresidential development and their associated parking areas, by requiring long-term maintenance of landscaped areas and by establishing standards to keep illumination from becoming a nuisance to neighboring properties or to motorists. (Prior code §9-9-1)

Sec. 16-7-20. Applicability.

The standards of this Article shall apply to all development within the City, except as follows.

(1) Development in the Central Business District (C-2) zone district shall be exempt from the landscaping standards of this Article if the primary structure on the lot has a zero-foot setback from the property line. If a property does not utilize the zero-foot setback allowance, the minimum landscape area shall be ten percent (10%).

(2) The construction, reconstruction, modification, conversion, structural alteration, relocation or enlargement of a single-family or duplex dwelling on a lot of record shall not require compliance with Sections 16-7-30 and 16-7-40, except for Sections 16-7-40(a)(4) and 16-7-50, but shall meet all other applicable standards of this Article.

(3) An alteration or repair which does not change the existing use of the property or does not expand the use of the property shall be exempt from the landscaping standards of this Article. (Prior code §9-9-2; 2003 Recodification)

Sec. 16-7-30. Landscape plan.

A landscape plan shall be submitted for review as part of an application for any development within the City, except that development specifically exempted in Section 16-7-20 above. The landscape plan shall contain the following materials:

(1) A drawing identifying all existing deciduous trees and coniferous trees of four (4) inches in caliper or greater and illustrating the location, size and type of all proposed landscaping. The drawing shall identify all existing vegetation which is to be preserved and demonstrate how irrigation is to be provided. The drawing shall be to scale and shall contain a legend.

(2) A written summary of all calculations used to determine the landscaping required for the site.

(3) An estimate of the cost of supplying and installing the materials depicted in the landscape plan.

(4) A description of how erosion will be controlled on-site, during construction and following completion of development.

(5) A description of the proposed program to maintain the landscaping after it has been installed. (Prior code §9-9-3; 2003 Recodification)

Sec. 16-7-40. Landscaping standards.

(a) The following landscaping standards shall apply to all development:

(1) All plants depicted on the landscape plan shall be of a variety which is compatible with local climate and the soils, drainage and water conditions of the site.

(2) The landscape plan shall be designed to save all existing healthy trees and shrubs whenever possible. Existing trees and shrubs which are preserved shall count toward the landscaping standards of this Article.

(3) A minimum of sixty percent (60%) of the required landscape area shall be live ground cover. Expected mature shrub coverage will count towards this requirement; a tree's canopy shall not.

(4) Obstructions prohibited.

a. Landscaping shall be located so as not to obstruct fire hydrants or utility boxes and so it will not grow into any overhead utility lines.

b. No plant material greater than two (2) feet in height shall be located within fifteen (15) feet of a curb cut or intersection, or so as to otherwise cause visibility obstructions or blind corners at intersections.

(5) Trees and shrubs depicted on the landscape plan shall be of the following minimum size at the time of their planting:

a. Deciduous trees shall be a minimum of one and one-half (1_) inches in caliper, measured six (6) inches above the ground.

b. Coniferous trees shall be a minimum of six (6) feet in height.

c. Shrubs shall be a minimum two-gallon container.

(6) The following minimum number of trees shall be provided per required landscaped area in various zone districts:

Zone District	Number of Trees Per Required Landscape Area
Rural Residential (R-R)	1 per 850 s.f.
Single Family Residential (R-1)	1 per 850 s.f.
Medium Density Residential (R-2)	1 per 600 s.f.
High Density Residential (R-3)	1 per 600 s.f.
Manufactured Housing Residential (R-4)	1 per 600 s.f.
Residential Mixed Use (RMU)	1 per 400 s.f.
Commercial (C-1)	1 per 200 s.f.
Commercial (C-2)	1 per 600 s.f.
Industrial (I)	1 per 800 s.f.

(7) The required landscape area shall not be used for parking or open storage.

(8) Screening shall be provided for all trash receptacles of two (2) cubic yards in volume or greater, and shall consist of landscaping or a structural visual barrier, such as a fence, to block the view of the trash receptacle and to keep trash contained. One (1) side of the screening shall be designed for easy access for trash removal. Any landscaping so provided shall count toward the landscaping standards of this Article.

(b) The following landscaping standards shall apply to parking areas.

(1) All parking areas containing more than ten (10) parking spaces shall be visually screened by landscaping, low walls, planted earthen berms or other such landscaping feature on each side adjoining or facing another property and on the street side with a maximum height of four (4) feet.

(2) A landscaped buffer strip composed of trees, shrubs, berms, hedges and/or planters shall be provided between the parking area and any adjoining public street right-of-way. This strip shall be of sufficient width to contain plant materials and be credited toward the landscaping required for the zone district.

(3) Sales lots for mobile home, recreational vehicle, heavy equipment and automobiles shall be landscaped along all lot lines. This landscaping shall be credited toward the landscaping required for the zone district.

(4) Any parking area containing more than thirty (30) parking spaces or four thousand five hundred (4,500) square feet of area shall provide six (6) plants, which may be trees or shrubs, for each fifteen (15) parking spaces. A minimum of one (1) of the six (6) plants shall be a tree, which shall be located around the perimeter of the lot and in landscaped islands within the lot. These planted areas shall count toward the minimum landscape area standard of the underlying zone district.

a. The landscaped islands shall have curbs which may be used to define parking lot entrances, the ends of parking aisles and the location and pattern of primary internal access ways or any combination thereof.

b. The landscaped islands shall be dispersed throughout the parking area and in the parking area in such a way as to provide visual relief, particularly of parking aisles, by using flowering ornamental plantings, and to provide physical relief by using seasonal shade trees.

c. The area contained within the landscape islands shall be a minimum of seven (7) square feet for each required parking space. (Prior code §9-9-4; 2003 Recodification)

Sec. 16-7-50. Installation and maintenance requirements.

(a) Security. Prior to the issuance of a development permit, the Community Development Director may require the applicant to submit to the City a surety or cash bond, letter of credit or other collateral found to be suitable by the City Attorney to guarantee the installation of the required landscaping. The security shall be in an amount equal to one hundred twenty-five percent (125%) of the cost of supplying and installing the materials depicted in the approved landscape plan, based on estimates provided by the applicant and approved by the City.

(b) Certification and release. Following installation of the required landscaping, the applicant shall certify that the landscaping has been installed in conformance with the approved plan. One hundred percent (100%) of the performance guarantee shall be released within seven (7) calendar days following receipt of the certifiction and inspection by the City. The remaining twenty-five percent (25%) of the performance guarantee shall be released after two (2) growing seasons after required landscaping is installed and successfully maintained.

(c) City use of security. In the event the landscaping is not installed, or is installed in a manner which does not conform with the approved plan, the City may draw upon the security to bring the landscaping into conformance with the approved plan or, if development was initiated but never carried through to completion, to return the site to its predevelopment condition.

(d) Required time for completion. Landscaping required for all uses shall be installed within six (6) months of its initial date of occupancy, excluding the months of October through April.

(e) Irrigation for live cover. That portion of the landscaped area which is live cover shall be provided with an adequate means of irrigation for the type of plants installed.

(f) Maintenance. All vegetation shall be healthy at the time of its installation and shall remain alive, or shall be replaced.

(1) Maintenance of landscaped areas shall be the responsibility of the landowner.

(2) Landscaping which does not survive shall be replaced within three (3) months, or during the next planting season. The replacement vegetation shall be similar in size and type to the vegetation which did not survive, so the integrity of the approved landscape plan is preserved. (Prior code §9-9-5; 2003 Recodification)

ARTICLE VII
Trees

Sec. 7-7-10. Definitions.

As used in this Article, the following terms shall have the meanings indicated:

Park trees means trees, shrubs, bushes and all other woody vegetation in City parks and all other areas owned by the City, or to which the public has free access as a park.

Private trees means trees, shrubs, bushes and all other woody vegetation within the City.

Street trees means trees, shrubs, bushes and all other woody vegetation on parkways adjacent to public streets or alleys. (Prior code §7-2-1; 2003 Recodification)

Sec. 7-7-20. Prohibited trees.

(a) It is unlawful to sell or import into the City, or to plant or cause to be planted within the corporate limits of the City, any female box-elder tree (Acer negundo).

(b) The owner of any property within the City, upon which any female box-elder tree has been planted after the effective date of this Article, shall cut and remove such tree from his or her property after being given two (2) days' written notice to do so by the City.

(c) In case of the failure of any owner of such property to cut and remove such box-elder tree planted after the effective date of this Article, the City shall cut and remove such box-elder tree.

(d) It is unlawful and deemed a nuisance to sell or import into the City or plant or cause to be planted any female cottonwood trees (Populus spices), Siberian elm (Ulmus pumila) or other undesirable plants as designated by ordinance upon any property within the City, and the planting or setting out of these certain plants is declared to be a menace to public health, safety and welfare and a public nuisance. (2003 Recodification)

Sec. 7-7-30. Tree regulations.

(a) Sizes. The following tree size classification shall apply in subsequent Sections:

Small trees Up to 25' projected height at maturity
Medium trees 25 - 40' projected height at maturity
Large trees Over 40' projected height at maturity

(b) Species. New planting of nuisance species, as described in Section 7-7-20 above and as determined by the Tree Board, shall be prohibited within City parkways. The list of nuisance trees shall be updated annually and included as part of the annual work plan.

(c) Spacing. The spacing of trees will be in accordance with the tree species size classes, and no trees may be planted closer together than the following:

Small trees 20'
Medium trees 30'
Large trees 40'

(d) Distance. The distance that trees may be planted from curbs or curb lines and sidewalks will be in accordance with the three (3) size classes, and no trees may be planted closer to any curb or sidewalk than the following:

Small trees 2'
Medium trees 3'
Large trees 4'

No tree shall be planted closer than twenty (20) feet from any street corner, measured from the point of nearest intersecting curbs or curb lines. No tree shall be planted closer than ten (10) feet from any fireplug.

(e) Utilities. No trees other than those species described as small trees may be planted under or within ten (10) lateral feet of any overhead utility wire, or over or within five (5) lateral feet of any underground waterline, sewer line, transmission line or other utility. (Prior code §7-2-3; 2003 Recodification)

Sec. 7-7-40. Trees and limbs in public right-of-way.

The owner of any tree overhanging any street or right-of-way within the City shall trim the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection, and so that there shall be a clear space of ten (10) feet above the surface of the street or right-of-way. Said owner shall remove all dead, diseased or dangerous trees or broken or decayed limbs which constitute a menace to the safety of the public. (Prior code §7-2-3)

Sec. 7-7-50. Control of trees and shrubs.

(a) Trees, shrubs and other vegetation which are dead, broken, diseased or infested by insects so as to endanger the well-being of other trees, shrubs or vegetation or constitute a potential threat or hazard to people or property within the City are hereby declared a nuisance.
(b) The City shall give written notice to the owner or occupant of any property abutting City rights-of-way or other public property of any condition deemed unsafe caused by trees and other vegetation overhanging or projecting from such abutting property and onto or over such right-of-way or other public property with such unsafe condition. The City shall correct any such unsafe condition immediately upon the expiration of the notice period specified in the notice of abatement.
(c) It is unlawful and deemed a nuisance for any person to cut, trim, spray, remove, treat or plant any tree, vine, shrub, hedge or other woody plant upon access-controlled arterials or other public parks and greenbelts within the City, unless authorized or directed by the City.
(d) It is unlawful and deemed a nuisance for any person to injure, damage or destroy any tree, shrub, vine, hedge or other vegetation in or upon public rights-of-way or other public property within the City, except any person who notifies the City of such injury, damage or destruction and makes arrangements to repair or replace such vegetation or pay for the cost of such repair or replacement. (2003 Recodifica-tion)

Sec. 7-7-60. Tree care responsibilities.

(a) Responsibility of City.

(1) The City has the primary responsibility to plan, trim, spray, preserve, remove and replace park and street trees as may be necessary to ensure safety or to preserve the symmetry and beauty of such public grounds.

(2) The City may remove or cause or order to be removed any tree or part thereof which constitutes a hazard to life and property, is injurious to sewers, electric power lines, gas lines, water lines or other public improvements, or harbors insects or disease which constitute a potential threat to other trees within the City. If removal of a private tree is to be ordered, the City shall notify the owner of such trees in writing. Treatment or removal shall be completed at the expense of the owner within ten (10) days after the date of service of the notice. If the owner fails to complete treatment or removal as ordered, the City may treat or remove such trees and charge the cost of treatment or removal to the owner.

(3) The City Council shall have the right to review the conduct, acts and decisions of the Tree Board. Any person may appeal any decision of the Tree Board to the City Council, which may hear the matter and make a final decision.

(b) Responsibility of landowners.

(1) Landowners are responsible for minor maintenance of street trees adjacent to their lots. This includes, but is not limited to, watering, fertilizing and mulching.

(2) Landowners may trim, treat, remove or replace street trees adjacent to their lots, provided that they first obtain a free permit from the City. (Prior code §7-2-4; 2003 Recodification)

Sec. 7-7-70. Arborist license and bond.

(a) Commercial entity.

(1) It shall be unlawful for any person to engage in the business or occupation of trimming, treating or removing trees within the City without first applying for and procuring a license. The license fee shall be fifty dollars ($50.00) annually in advance. Before any license shall be issued, each applicant shall first file evidence of possession of liability insurance in the amount of at least one hundred fifty thousand dollars ($150,000.00) for bodily injury and at least five hundred thousand dollars ($500,000.00) property damage indemnifying the City from any person injured or damaged resulting from the pursuit of such endeavors as herein described.

(2) In addition, those persons engaged in tree trimming shall also attend, on a yearly basis, a two-hour pruning seminar hosted by the Tree Board.

(b) Public utility. No license fee shall be required of any public utility company or the City. (Prior code §7-2-5; 2003 Recodification)

Sec. 7-7-80. Interference with City or Tree Board.

It shall be unlawful for any person to prevent, delay or interfere with the City, or any of its agents or servants, while engaging in and about the planting, cultivating, mulching, pruning, spraying or removing of any street, park, or private tree as authorized in this Chapter. (Prior code §7-2-7)

Sec. 7-7-90. Penalty.

Any person violating any provision of this Article shall be, upon conviction or a plea of guilty, subject to a fine not to exceed one hundred dollars ($100.00). It shall be unlawful to damage or otherwise destroy any park or street tree. Upon conviction or plea of guilty, the individual will be charged the costs of repairing or replacement of said tree. (Prior code §7-2-6)

ARTICLE XII
Tree Board

Sec. 2-12-10. Creation and establishment.

There is hereby created and established a Tree Board for the City, which shall consist of a minimum of three (3) members, citizens and residents of the City, who shall be appointed by the Mayor. (Prior code §7-2-2)

Sec. 2-12-20. Term of office.

The term of the persons to be appointed by the Mayor shall be two (2) years, except that the term of two (2) of the members appointed to the first Tree Board shall be for only one (1) year. In the event that a vacancy shall occur during the term of any member, a successor shall be appointed for the unexpired portion of the term. (Prior code §7-2-2)

Sec. 2-12-30. Compensation.

Members of the Tree Board shall serve without compensation. (Prior code §7-2-2)

Sec. 2-12-40. Duties and responsibilities.

(a) It shall be the responsibility of the Tree Board to study and develop and/or update a written proposed work plan. Said plan will include recommended practices and associated costs for the care, preservation, trimming, planting, replanting, removal or disposition of street and park trees.

(b) The Public Works Director shall be consulted by the Tree Board prior to presentation of the proposed annual work plan to the City Council to ensure said plan does not conflict with ongoing and/or proposed City activities.

(c) The plan will be presented annually to the City Council and, upon its acceptance and approval, shall constitute the official comprehensive tree plan for the City. The City Council will attempt to follow, as closely as possible, the plan submitted by the Tree Board.

(d) The Tree Board, when requested by the City Council, shall consider, investigate, make findings, report and recommend upon any special matter of question coming within the scope of its work. (Prior code §7-2-2)

Sec. 2-12-50. Operation.

The Tree Board shall choose its own officers, make its own rules and regulations, and keep a journal of its proceedings. A majority of the members shall be a quorum for the transaction of business. Interested individuals may attend meetings but will not vote. (Prior code §7-2-2)