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HomeMy WebLinkAboutOrd 1057as follows: O ZDINANCE NO, APIEPIDIPIG CHAPTER 11.06 OF TITLE 11 OF THE ;'2UNICIPAL CODE CONCERNING HERITAGE TREES The City Council of the City of Burlingame does ORDAIN Section 1. Chapter 11.06 of the P'lunicipal Code of the City of Burlingame is hereby amended to read and provide as follows: "CHAPTER 11.06 HE RITAGE TREES Sections: 11.06.010 Purpose and intent 11.06.0 20 Definitions 11.06.030 Compliance required 11.06.040 Heritage Trees: Designation 11.06.050 Emergencies 11.06.060 Notices and permits required for removal or work significantly affecting "eritage Trees 11.06.070 Finality of decisions - Appeal Suspension of order pending appeal 11.06.010 Purnose and intent. In enacting this Chapter, the City Council desires that certain trees 11.06.non growing in the City of Burlingame receive protection from removal or significant damage. The purpose of this Chapter is to promote public interest and appreciation of the vital asset that trees provide in this City and to establish the status of 'Heritage Tree' forcertain exemplary trees in this City. Definitions. For the purposes of this Chapter, the following words and phrases shall have the meanings respect�_vely ascribed to them by this section: (1) COUiICIL shall mean the Burlingame City Council; (2) COi-Z^?ISSIO`I shall mean the ?�urlingame Beautification Commission; -1- 11/18/75 (3) DEPAR'I'IYIENT shall mean the City of Burlingame Park Department; (4) DIRECTOR shall mean the Director of the Burlingame Park Department; (5) HERITAGE TREE shall include any tree growing on public or private property meeting the criteria set forth in this Chapter; and (6) PUBLIC PROPERTY is any property owned or controlled by any public agency or political subdivision and shall be construed to include designated rights-of-way. 11.06.030 Compliance required. It shall be unlawful for any person to remove, perform, or cause to be performed any work that would tend to injure, deface, mutilate, destroy, kill, or substantially reduce in size, any tree designated by this Chapter as a Heritage Tree, except as is authorized in this Chapter. 11.06.040 Heritage Trees: Designation. The City Council may designate trees growing in the City to be Heritage Trees when it finds such trees by their historic significance, character, age, beauty, rarity, or other special characteristics warrant special recognition. Nomination for Heritage Tree status may be made by any citizen with the consent of the property owner. The Commission shall review such nominations and present their recommendations to the Council for designa- tion. 11.06.041 Heritage Trees: Records. A listing of trees designated as Heritage Trees, including the specific locations thereof, shall be kept by the Department. The list of Heritage Trees shall be kept current by t' -ie Department . -2- A current list of Heritage Trees, their description and location shall be available for distribution to interested citizens. 11.06.042 Heritage Trees: Change of status. Trees previously designated as Heritage Trees may, from time to time, be removed from the list due to safety, or other reasons, by action of the Council. Requests for such action may originate in the same manner as nominations for Heritage Tree status. 11.06.050 Emergencies. In the event that an emergency condit__on arises whereby immediate action is necessary because of disease, or danger to life or property, a Heritage Tree may be removed or altered by order of the Director or responsible member of the police, fire or public works department. In such event, a report shall be made to the Commission describing the conditions and necessity of such an order for review by the Commission and by the Council. 11.06.060 Notices and�eermits re uired for removal or work significant y a ecting Heritage Trees. (a) Removal and significant work above or below round on public or private property. Owners, or their authorized representative, of Heritage Trees on public or private property shall obtain a permit to remove or to do work signficantly affecting the above -ground portions or the roots of such trees before work commences. Normal pruning shall not be classified significant work unless it affects the basic health or appearance of the tree. The application shall be on a form furnished by the Department. An authorized representative of the Department shall make an inspection of the 12/3,/75 -3- tree and shall file a written report and his recommenda- tions to the Director within five (5) business days. The Director, within ten (10) business days of receiving the application, shall inform the owner in writing of his recommendation. (b) Educational conference before significant work commences. Before a permit has been issued, the Depart- ment may require an educational conference that will inform the owner of potential hazards to trees from such activities and of possible alternatives which may prove less injurious. After this educational conference, if one is needed, application for a permit may be made. (c) P.emoval or sign:i_ficant work affecting Heritage Trees on undeveloped or redeveloped property. The removal or the performance of work on or around a Heritage Tree that nay injure such tree shall require a permit. When application for development or redevelopment of a property containing a Heritage Tree is filed in any office or department of the City, the person making such application shall file a site plan showing the location of buildings or structures or of proposed site disturbances, and the location of Heritage Trees. The Director shall determine if all Heritage Trees are shown. Prior to issuance of any permit when Heritage Trees may be removed or where significant damage may result above, at, or below ground level, the Department shall be notified and shall be provided with a copy of the site plan. An authorized representative of the Department shall make an inspection and shall file a report of his findings and recommendations to the Director. The Director shall forward this report and his reco-inrendation to the Co=ission. The Commission shall act unon the recommendations at its next regular meeting unless a special meeting is called. -4- (d) The director shall review each application and shall determine. (1) The condition of the tree or trees with respect to disease, dan er or falling, proxy to existing or proposed structures,yards, drive- ways and other trees, and interference with public utility services. (2) The necessity to remove the tree or trees in order to construct any proposed improvements to allow economic enjoyment of the property. (3) The topography of the land and the effect of the removal of the tree or trees on erosion, soil retention and diversion of increased flow of surface waters. (4-) The effect the removal- would have on the establish-;; ed standard of the area and the property values. (5) The effect tree removal would have on wind protection, noise and privacy. (6) The economic consequences and obligations of requiring a tree to remain. (e) The Director's recommendation of approval of a permit to remove or do significant work on a Heritage Tree shall be heard and acted upon by the Commission. The recommendation or approval by the Director of a permit to remove, destroy or do significant work shall be acted upon by the Commission no later than the next regularly scheduled meeting of the Commission, or at any meeting thereafter to which the matter may be continued. (f) An appeal of the decision of the Director denying any permit to remove, destroy or do signficant work may be made within five (5) business days after receipt of the -5- Director's recommendation, and such appeal shall be acted upon at the next regular meeting of the Commission, or at a meeting called for that purpose or at any meeting thereafter to which the matter may be continued. 11.06.070 Finalit paragraph, sentence, of decisions - A weal - Suspension ot Chapter, or order for any 5endinF to be uncon- ai;�ea . The determination and order of the Commission shall become final and conclusive upon the ajournment of the City Council at its next succeeding regular meeting if no appeal is filed. Destruction, removal or other work on a Heritage Tree shall not commence until after the C of said City Council meeting or, if any appeal is filed, until after the decision of the City Council. During the period between the action of the Commission and the adjournment of the next succeeding regular meeting of the Council, any person may appeal such action to the City Council. Such appeal shall be in writing and shall be filed with the City Clerk. During the same period the Council, on its own motion, may suspend the order of the Commission for the purpose of reviewing the action of the Commission." Section 2. The owner of any tree designated to be a Heritage Tree prior to the effective date of this ordinance may, within sixty (60) days after the effective date of this ordinance, request such designation be removed. The tree shall thereupon be removed from all listings of Heritage Trees. Section 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause crP ::rase of this Chapter, or any part thereof, is for any reason 'tte.c to be uncon- stitutional or invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or -6- effectiveness of the remaining portions of this Chapter or any part thereof. The City Council hereby declares that it would have passed each section, subsection,subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective. Section 4. Publication. This ordinance shall be published as required by law, HERBERT K. L7HITE, City Clerl: of the City of Bur lingarne, does hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council held on the day of December, 1975, and adopted thereafter on the day of 197 ; _AYES: COU^ICILMEN: .. • - _ iIOES: COUNCILMEN: COUT.JCILiE N: HERBERT K. bdIiITE, City Clerk -7- Dept}'Ey City Cleric