POL Government Elected Officials Auditor Griffin-Valade Charter, Code & Policies City Code & Charter Online Code & Charter Title 20 Parks Chapter 20.40 Street Tree and Other Public Tree Regulations
20.40.070 Planting of Trees.

(Amended by Ordinance Nos. 163739, 173534 and 176955, effective October 9, 2002.)

A. The Forester may plant or cause trees to be planted in the streets, parks and other property of the City. In addition to using his/her own personnel, he/she may hire independent contractors consistent with City Code provisions.

B. The owner of any property upon which there is new residential or commercial construction or improvements to existing development, which exceed $25,000 in value, as determined by the Bureau of Development Services, shall be required to plant street trees, in accordance with the requirements of this Chapter. The Forester may waive any or all of the requirements of this Subsection if, in the Forester’s judgment, compliance is not practicable. The Forester may impose conditions at the Forester’s discretion upon such waiver, including, without limitation, requiring the planting of trees on the owner’s private property.

C. It shall be unlawful for any person to plant or set out any tree or authorize or cause or procure any person to set out any tree in or upon any part of any street, park or public area without first obtaining from the Forester a written permit to do so and complying in all respects with the conditions set forth in such written permit and with the provisions of this Chapter. Such permit shall be receipted for in writing. All applications for such permit shall describe the work to be done and the variety, size and precise location of each tree to be planted. If the Forester has found that the proposed planting is in accord with the Plan or that trees proposed to be planted have a reasonable likelihood of prospering and such permit specifies the location, variety and grade of each tree and method of planting, including among other things the supplying of suitable soil, then he/she may grant a permit. The permit shall be valid only during the period of time stated in the permit.

D. Any owner of property whose construction or improvements necessitate street tree planting under Section 20.40.070 B. shall obtain from the Forester a permit for such planting as provided in Section 20.40.070 C. The Bureau of Development Services shall have authority to enforce the requirements of this Section 20.40.070 B., and shall not issue any approval of final inspection until this planting required by the Forester under that Section has been accomplished. Whenever tree planting is required for any land division under Section 20.40.110, the Bureau of Development Services shall have the authority to issue and enforce, through its own permitting and enforcement processes, permits required by this Section. When issuing and enforcing such permits, the Bureau of Development Services shall require that plantings conform to the tree species and layout plan designated by the Forester at the time of, and required by, the land division.

E. Every person planting any tree under this Chapter shall conform to the City’s Tree Standards as established by the Forester,

F. The Council may establish, by ordinance, inspection fees as part of the tree permit process.

G. All trees required by this Section must be planted prior to the issuance of a certificate of occupancy. If the applicant files security with the City, which ensures that the trees will be installed, the trees may be deferred during the summer months and planted during the dormant period, in the discretion of the Forester. Any security filed under this Subsection must comply with the regulations for performance guarantees established in Title 33.

H. The Forester may require any property owner subject to this Section to identify street trees on the property deed, and to note on such deed that the trees are subject to the regulations of this Chapter.

I. The Forester shall submit for review all tentative planting proposals in streets to the City Engineer for the purpose of protecting existing utilities and sewer branches. The City Engineer shall issue an appropriate permit for planting, barring any conflict with any known facility.