Loading...
HomeMy WebLinkAboutOrdinance 1855 N.C.S. 06/03/1991;. v ,_ ~ ~~~ _~ 1111 3 1991 °~ '' ORDINANCE NO. 1855 N.C.S. Introduced by Councilman Nancy Read Seconded by Councilman Lynn Woolsey AN ORDINANCE AMENDING TITLE 8 (HEALTH AND WELFARE) OF THE MUNICIPAL CODE OF THE CITY OF PETALUMA TO ADD CHAPTER 8.28 (HERITAGE AND LANDMARK TREES) BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: Section 1: Chapter 8.28 Heritage and Landmark Trees is added to Title 8 of the Petaluma Municipal Code to read as follows: CHAPTER 8.28 HERITAGE ANI) LANDMARK TREES 8.28.010 INTENT ANI) PLTItP®SE The City has established, through provisions within its General Plan, that urban trees contribute not only scenic beauty, but that they reduce soil erosion, improve air quality, provide wind protection, abate noise and offer shade to reduce energy consumption. The City has further established that certain heritage and landmark tree resources exist within the City which by the nature of their physical, social, or environmental significance or contribution to the identity of neighborhoods, merit community recognition and protection. It is therefore the intent and purpose of this article to promote the health, safety and welfare of present and future residents of the City of Petaluma by providing for the identification and preservation of heritage and landmark tree resources existing within the City. It is further the intent and purpose of this article to encourage cooperative neighborhood efforts toward preservation of groups of trees located on publicly or privately owned lands which collectively contribute to a unique and attractive living environment for residents. Ord. 1855 N.C.S. A~ 8.28.020 LIMITS OF API'I.ICABII.ITI' The provisions of this article shall be limited to existing individual heritage and/or landmark trees and/or groves of such trees within the City limits. 8.28.030 ADMINISTRATION The Director of Community Development or duly authorized representative, hereinafter referred to as the Director, .shall be charged with administration of the provisions within this article. 8.28.040 OFFICIAL, REGISTER An official register of Heritage and Landmark Trees shall be developed and maintained by the City. The register shall contain information specifying the location, size, and species of tree resources designated under this article, and shall identify findings for each resource designation. 8.28.050 NOMINATION OF TREES A. Trees on private property may be nominated for designation to the City register only by property owners of the land on which the trees are located. Nomination shall be made by application filed with the Director and any additional documentation required by the Community Development Department. Neighbors desiring to preserve a group of trees under multiple ownerships may individually nominate their respective trees to collectively contribute to the protection of the neighborhood streetscape. B. The Director is authorized to conduct and prepare an inventory of trees on public property eligible for nomination to the City register. From time to time, additional trees on public lands may be norrunated for designation to the City register by any resident or employee of the City by appropriate application filed with the Community Development Department. C. Fees for nomination to the City Register shall be established through Resolution of the City Council. D. Nominations to the City Register shall not be accepted for consideration without the written consent of the property owner of the land on which the nominated tree(s) are located, or his/her legally authorized representative. 8.28.060 CRITERIA FOR DESIGNATION Designation to the register shall be based upon one or more of the following findings: A. Heritage Trees: Indigenous species of historic, cultural or environmental significance to the community.. Ord. 1855 N.C.S. 2 ~° 2. Commemorative planting by a group of citizens or the City in recognition of a significant community member or event. B. Landmark Trees: 1. Exceptional size/age as relates to generally accepted horticultural standards for the species. 2. Unusual or distinctive form, character, function or visual impact as relates to the species and setting. 3. Association with a historically significant person, structure, or event. 4. Groves or stands of trees which collectively meet one or more of the criteria set forth in subsections 1 through 3 above. 8.28.070 ADOPTION AND AMENDMENT TO REGISTER A. Upon receipt of nominations for designation, the Director shall calendar the same for consideration by the City Historic and Cultural Preservation Committee. A report shall be prepared containing a description of the tree(s) nominated and recommendations for or against designation. Proceedings not specified herein for obtaining approval for designation shall be the same as set forth in Title 21 (Zoning Ordinance) on matters referred for Committee review. Upon consideration of the application, the Committee may adopt or reject the recommendation of the Director. Adoption of the designation of trees to the City register shall be established by recordation of the meeting minutes and shall contain findings in support of each designation. B. The official Tree Register may be amended from time to time for the purpose of designating additional trees as heritage or landmark trees. In such case, the procedure set forth in subsection (A) of this section shall apply. 8.28.080 NOTIFICATION OF DESIGNATION The owner of property on which is located any tree designated in the official register as a heritage or landmark tree shall be notified of that fact by mail within thirty (30) days following such designation. A notice of deed restriction shall also be recorded against the property to ensure that all subsequent property owners are duly advised of the City tree designation. 8.28.090 PRESERVATION AND MAINTENANCE The Director shall be authorized to establish and maintain guidelines which set forth recommended policies governing the care and maintenance of designated tree resources. The guidelines shall apply to all designated trees located on public lands, and shall be made available to owners of private property upon which a designated tree is located. Ord. 1855 N.C.S. 3 '1 2 3 8.28.100 4 5 A. PERIVIITS lF'OR CERTAIN ACTIVITIES None of the following activities shall be performed unless a permit is first granted by the Director: 1. Removal or willful destruction of any heritage or landmark tree. 2. Substantial alteration, including removal of a substantial portion of the branches or foliage of heritage or landmark trees, as determined by the granting authority. 3. Disturbing the soil or placing deleterious substance or material on the soil within the drip line area of any heritage or landmark tree located on public lands. B. Application for permit shall be filed with the Community Development Department on a form prescribed by the Director, and shall be accompanied by and other pertinent information that may be required. Fees for required permits shall be established by Resolution of the City Council. The permit shall be granted by the Director upon the following findings: 1. In the case of removal, a. A determination by the Historic and Cultural Preservation Committee that the heritage tree must be removed in order .for the property owner to use the property for any principle use permitted as of right or by special permit under the City of Petaluma Zoning Ordinance for the zoning district in which the property is located, and that such use could not be made of the property unless the tree is removed;. or b. That the condition of the tree with respect to disease, danger of falling or interference with utility services is such that the public health, safety or welfare require its removal; or c. That the tree or tree roots are causing, or threatening to cause, damage to any main structure on the owner's or a neighboring property; or d. That the tree no longer meets the criteria for a heritage or landmark tree set forth in Section 8.28.060. Issuance of the required permit for removal of trees may, at the discretion of the granting authority, be conditioned upon replacement of lost trees in kind or with 24" box (1 1/2" caliper) specimens of similar character. 2. In the case of any other activity for which a permit is required, that such activity is necessary either to preserve the tree to engage in lawful construction activity on the property, to protect the public Ord. 1855 N.C.S. 4 health, safety and welfare or to prevent damage to any main structure on the owner's or a neighboring property. C. The Director shall delete .from the City register and designated tree for which a permit to remove is granted pursuant to this section. 8.28.110 VIOLATIONS Violation of any provision of this chapter is punishable as an infraction. In addition to any fine established for such infraction, and at the discretion of the Director, replacement of illegally removed or altered heritage or landmark trees with trees of reasonably similar or appropriate size, characteristics and variety will be required. 8.28.120 APPEAL Any person dissatisfied with the decision of the Director taken under this article may appeal such decision to the Historic and Cultural Preservation Committee. Such appeal shall follow proceedings set forth under Title 21 (Zoning Ordinance) on matters referred for Zoning Administrator review. Any appeal of the decision of the Historic and Cultural Preservation Committee shall follow proceedings as set forth under Title 21 (Zoning Ordinance) on matters referred for Committee review. Section 2. IF ANY SECTION, subsection, sentence, clause or phrase or word of this ordinance is for any reason held to be unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Petaluma hereby declares that it would have passed and adopted this ordinance and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional. INTRODUCED and ordered Posted/Published this 20th day of May , 1991. ADOPTED this 3rd day of June , 1991, by the following vote: AYES: Read, Davis, Woolsey, Mayor Hilligoss NOES: Vice Mayor Cavanagh, Nelson ABSENT:-Sobel ABSTAIN: ~ ATTEST: ity er hertrees/council-6 Ord. 1855 N.C.S. 5