Loading...
HomeMy WebLinkAboutORD 03 (2001)ORDINANCE NO. 03 (2001) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 12.08 OF THE DIAMOND BAR MUNICIPAL CODE TO ESTABLISH A COMMUNITY FORESTRY PROGRAM WHEREAS, the City of Diamond Bar wishes to establish an annual community forestry work plan, which codifies the Community Services' existing responsibilities for maintenance of public trees in the City. WHEREAS, the City of Diamond Bar also desires to initiate the development of a tree inventory within the next year and to use the inventory as the basis for preparing all subsequent work plans. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Title 12, Chapter 12.08 is hereby amended by adding thereto a new Division 4 to read as follows: DIVISION 4. COMMUNITY FORESTRY PROGRAM 1 Section 12.08.410 Purpose. The City of Diamond Bar recognizes that trees abate noise and air pollution, favorably modify micro -climates, reduce soil erosion and runoff, protect against flood hazards and risk of landslides, enhance the visual environment, encourage quality development, and provide a source of community pride. The City desires that trees located along City streets and on public property be planted and maintained in such a matter that the public fully realizes these and other benefits, and that the City's commitment to creating and maintaining the urban forest be recognized by designation as a Tree City USA by the National Arbor Day Foundation. The standards governing the Tree City USA designation process require the adoption of a community tree ordinance that designates a tree department with the responsibility for writing and implementing the annual community forestry work plan and provides for public tree care policies for planting, maintenance and removals. In addition to meeting the standards necessary for Tree City USA designation, requiring the development and implementation of an annual community forestry work plan will ensure the continuation of: public tree planting and maintenance integrated with other urban elements and amenities; efficient, cost-effective and reliable management of and funding for the City's urban forest; and reductions in public hazards, nuisances and expenses occasioned by improper tree selection, planting and maintenance. For these reasons, the City Council finds it necessary and desirable to enact regulations for managing the City's public trees. It is the intent of this Chapter to assign responsibility for developing and implementing an annual work plan for the City's public trees and to provide for the development ' of associated policies. Section 12.08.420 Definitions. For the purpose of this Chapter, unless otherwise apparent from the context, certain words and phrases used in this Chapter are defined as follows: "City" means the City of Diamond Bar. "Community Forestry Work Plan" means the written plan, prepared and/or updated annually by the City's tree department, for the day-to-day care, preservation, planting, replanting, removal or disposition of public trees, and tree -related projects expected to be undertaken by the tree department during the coming year. In addition to addressing public tree planting, watering and fertilizing, and dead and hazardous tree removal, the plan should address safety, fine pruning, and insect and disease control. "Park Tree" means any tree in public parks having individual names, and all areas owned by the City, or to which the public has free access as a park. "Program of Services" means the City's budget. "Public Tree" means a park tree or a street tree located in the City. "Street Tree" means any tree growing within the public right-of-way, including unimproved public streets and sidewalks. "Tree" means a live woody plant having a single perennial stem or a multistemmed perennial plant and which is typically greater than ten feet in height at maturity. "Tree Department" means the City department charged with the responsibility for the care, maintenance and removal of all public trees, and for developing and/or updating, administering and implementing the annual community forestry work plan and the urban forestry plan. "Urban Forestry Plan" means the general, long-term planning document prepared and adopted by the tree department to guide the department's public tree care activities in the areas of planting, maintenance and removal and the development of the annual community forestry work plan. Section 12.08.430 Tree Department - Designated. The Community Services Department of the City of Diamond Bar is designated as the City tree department. Section 12.08.440 Tree Department — Responsibilities — Community Forestry Work Plan. A. A tree department shall prepare and/or update a written community forestry work plan, in conjunction with the City's budget process, based on a current inventory of all trees under its jurisdiction, public tree care policies in effect for planting, maintenance and removals, and any approved landscape or beautification plans that may be applicable. The community forestry work plan shall be deemed approved at the time the City's budget is approved by the City Council. B. The community forestry work plan shall be reviewed by the tree department no less than once per year. C. The tree department is responsible for administering and implementing the approved community forestry work plan. Section 12.08.450 Tree Department — Responsibilities — Tree Inventory. Within one year of the adoption of this Ordinance, the tree department shall prepare or cause to be prepared an inventory of all public treks in the City. The inventory should include those items deemed necessary by the tree department to carry out and demonstrate adherence to its responsibilities under this Chapter for long-range planning and day-to-day planting and maintenance of the City's public trees. Upon completion, the department shall use its best efforts to maintain the tree inventory. The tree inventory shall be made available to the public upon request. Section 12.08.460 Tree Department — Responsibility — Urban Forestry Work Plan. A. Within three years of the adoption of the ordinance, the tree department shall develop and adopt an urban forestry plan. The tree department thereafter shall use its best efforts to ensure that the tree -related activities of the Community Services Department are guided by the plan. B. The plan shall, at a minimum, include the following elements: 1. A clear, concise and comprehensive statement of policies and objectives for management of public trees within the City; - 2. Public tree renewal procedures based on an evaluation of species characteristics and performance as recorded in the inventory, providing for rotational reforestation of diseased or declining trees and break-up of potentially problematic monocultures; 3. A set of standards for the tree department and the public for public tree installation, pruning and maintenance, acceptable tree species and any other standards, criteria, or administrative procedures deemed necessary to carry out the purpose of this Ordinance and the urban forestry plan; and, 4. A process for continual update and improvement of the urban forestry plan elements. Section 2. This ordinance shall take effect thirty (30) days from the date of its passage. Before the expiration of fifteen (15) days after its passage, this ordinance shall be posted in three (3) public places within the City of Diamond Bar along with the names of the members of the City Council voting for and against the same. ' The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED AND APPROVED this 2otrday of November , 2001. Robert S. Huff, Mayor I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 6th day of November, 2001 and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the 20th day of November , 2001, by the following vote: AYES: COUNCILMEMBERS. Ansari, Chang, O'Connor, MPT/Herrera, M/Huff NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: None P --- L a Burgess, City Clerk City of Diamond Bar