§ 11.13.050. Street trees—General requirements.

A.

For new development, redevelopment and land divisions in all zones, street tree requirements are as follows:

1.

All trees planted in the right-of-way shall be selected from the list of City approved street trees. The List of Approved Street Trees is established in the Port Angeles Urban Services Standards and Guideline Manual.

2.

A Street Tree Planting Plan shall be submitted to and approved by the Community Forester as part of any development permit application. All proposed trees shall be shown on the plan with the species indicated.

3.

Street trees shall be planted within the public right-of-way in accordance with the details provided in the current Urban Services Standards and Guidelines.

4.

The owner shall install the street tree(s) specified on the landscape plan prior to the issuance of final project approval or issuance of certificate of occupancy. Street tree plantings may be delayed between May 1 and October 1. In this case, the owner shall provide an assurance acceptable to the City for any required tree planting. The assurance must be provided prior to approval and acceptance and/or the issuance of a certificate of occupancy.

5.

Trees planted in rigid cells are encouraged and preferred in urban areas where feasible.

B.

Street tree requirements in previously developed area. In addition to the above requirements, the following also apply:

1.

Approval by the Community Forester and the Public Works and Utilities Department shall be required to plant, remove or prune trees in the public right-of-way. Approval shall include but not be limited to:

a.

A right-of-way use permit per Chapter 11.12 PAMC;

b.

A utility locate;

c.

A review of planting site, plant type, plant quality and planting or pruning techniques proposed.

2.

When street trees(s) are removed, trees greater than six inches in diameter at breast height (4.5 feet above ground level) shall be replaced at a ratio of two new trees per removed tree, all trees less than six inches in diameter shall be replaced at a ratio of one new tree per removed tree.

3.

Where new street trees cannot be planted due to portions of rights-of-way having been previously paved or otherwise rendered unsuitable to plant trees, a fee-in-lieu of planting is required. Such fee shall be determined by the Community Forester per City Policy and deposited into the Community Forestry Fund.

C.

Street tree maintenance.

1.

The Community Forester shall have the right to either conduct or authorize any trimming, pruning, maintenance and/or removal activities for all street trees and trees located on City property as may be necessary for public safety or in support of the goals of a "Community Forestry Plan".

2.

Street tree maintenance shall be in compliance with standards for tree care as outlined in the Urban Services Standards and Guidelines.

3.

Minor tree pruning may be performed by the owner of property adjoining the right-of-way in which a street tree is located with prior approval from the Community Forester.

4.

Major pruning or removal of large or significant street trees requires prior approval by the Community Forester. A request to conduct major pruning or tree removal shall first be referred to the Community Forester for a recommendation. Major pruning is defined in the Urban Services and Standards Guidelines.

5.

For major pruning or removal of a large or significant street tree, the applicant must demonstrate that major tree pruning or removal is necessary for one or more of the following reasons:

a.

The tree, or a portion of the tree proposed for removal is deemed a hazard tree by certified arborist or Community Forester;

b.

The tree, or a portion of the tree proposed for removal, is dead;

c.

The tree, or a portion of the tree proposed for removal is diseased or infested with an invasive insect pest and no remedial treatment is available;

d.

That the retention of the tree will have a material, adverse and unavoidable impact on the use of the property.

6.

A maintenance responsibility notation indicating that the required street tree maintenance is the responsibility of the adjoining property owners shall be placed on all final plats.

D.

Removal of stumps. All stumps of street trees shall be removed so that the top of the stump shall not project above the surface of the ground.

E.

Abuse or mutilation of trees prohibited.

1.

It is unlawful for any person to intentionally damage, carve or otherwise injure any street tree and may be considered abuse or mutilation of a tree and may require remedial action under Chapter 8.30 PAMC.

2.

Pruning of street trees that does not meet the best management practice for pruning standards as established in the Urban Services Standards and Guidelines Manual may be considered abuse or mutilation of a tree and may require remedial action under Chapter 8.30 PAMC.

3.

Exemptions. The following conditions are exempt from the requirements of this chapter:

a.

Work required as a result of emergencies involving, but not limited to: windstorms, floods, freezes, or other natural disasters. Other requirements of this chapter may be waived by the Community Forester when deemed appropriate.

b.

Work required to maintain and protect public safety, public utilities, and infrastructure when deemed necessary by the Director of Public Works and Utilities (Director) or his/her designee.

c.

Other requirements as recommended by the Community Forester:

(i)

Appeals. An applicant may appeal in writing to the Public Works and Utilities Department Director any decision made by Community Forester within 30 days of the decision being rendered. The applicant may appeal the decision in writing to the City Manager within 30 days of the decision being rendered by the Public Works and Utilities Director.

(Ord. 3567 § 3, 12/20/2016; Ord. 3511 § 1, 7/15/2014)