The city council of the city of Rohnert Park establishes that these policies, regulations and standards are necessary to ensure that the city will continue to realize the benefits provided by its urban forest and adopts this chapter in the interest of public health and safety and with the intention to:

A.

Foster a vibrant, attractive, and healthy mixed-age and mixed-species urban forest;

B.

Establish and maintain existing and future tree cover on private lands in the city; and

C.

Maintain city trees in a healthy, attractive, and non-hazardous condition through good arboricultural practices.

(Ord. 769 § 3 (part), 2007)

The contents of this chapter shall apply to all trees as defined in Chapter 17.04 (Definitions) which are located on private lands except those trees which are exempted in Section 17.15.030(B) (Exemptions).

(Ord. 769 § 3 (part), 2007)

A.

Application. No person shall alter, remove, or relocate any tree on private property that is not exempted by this chapter, unless the community development director or his/her designee has issued a tree removal permit in accordance with Section 17.15.040 (Permit processing).

B.

Exemptions. The following trees shall be exempt from the requirements of this chapter:

1.

A street tree, as defined in the Rohnert Park Municipal Code, Title 12 (Streets and Sidewalks), Section 12.24.020(H), in which case alteration, removal, or relocation shall be governed by Chapter 12.24 (Public Tree Care);

2.

Any proposed tree alteration, removal, or relocation which is part of a larger project. In such cases, the alteration, removal, or relocation shall be processed along with the primary entitlement request which was submitted for the project;

3.

Tree pruning on private property which will be performed in conformance with the International Society of Arboriculture (ISA) standards and in which no more than one third of the tree canopy will be removed;

4.

Trees which have been determined to be an imminent threat to the public's health, safety, or general welfare as determined by either the director of public safety, director of public works, city's arborist, or director of community development;

5.

Any of the following trees: Acacia spp. (Acacia), Ailanthus spp. (Tree of Heaven), Eucalyptus spp., Ligustrum spp. (Privet), Liquidambar styraciflua (Liquidambar), Pinus radiata (Monterey Pine), or Populus lombardii (Lombardi poplar);

6.

Any tree which, in the opinion of the city arborist, is growing in an inappropriate location and should be removed to preserve a structure or other real property;

7.

Any tree which is located on a residential lot which is fully developed with a detached, single-family residence;

8.

Orchard trees which have been planted or held for cash crop or commercial purpose.

(Ord. 769 § 3 (part), 2007)

A.

Application Content. For any tree that is not exempt pursuant to Section 17.15.030(B) (Exemptions), the following items shall be included with a tree removal permit:

1.

A site plan drawn to scale showing the location of the tree to be altered, removed or relocated, adjacent structures and utilities, and any other pertinent information;

2.

A brief description of the tree(s), including number, type, diameter, and height, and reason for alteration, removal, or relocation;

3.

A letter or report describing the health and condition of the tree prepared and signed by a licensed and certified arborist; and

4.

Photographs of the tree(s) to be altered, removed, or relocated.

B.

Review Procedure.

1.

Referrals. All applications shall be referred to the city arborist for review and comment prior to any action or decision.

2.

Processing. The tree removal permit shall be processed pursuant to Article V of Chapter 17.25 (Administrative Permit) of this code.

3.

Findings. The tree removal permit application shall be approved or conditionally approved if, on the basis of the application and supporting materials, each of the following findings can be made:

a.

The request is consistent with the general plan's goals, objectives and policies;

b.

The request is consistent with the regulations and standards of the Rohnert Park Municipal Code;

c.

The request is necessary in order to protect the public's health, safety and general welfare.

(Ord. 769 § 3 (part), 2007)

A.

Required. Any non-exempt tree which has been approved for alteration, removal, or relocation shall be replaced in accordance with the formula set forth in Section 17.15.050(B) (Replacement Formula) unless other arrangements have been made in writing between the applicant and the city's department of community development.

B.

Replacement Formula. Tree replacement shall be based on the value of the tree as defined in Section 17.04.030 (Definitions of words and terms).

C.

Type of Replacement. The applicant shall replace the altered, removed, or relocated tree(s) by either depositing an in-lieu fee, as described above, with the city's recreation department or by planting an equivalent number of new tree(s). The planting of any new tree(s) must be approved by the city arborist.

D.

Location of Replacement Trees. If deemed feasible and appropriate by the city arborist, replacement trees shall be replanted on the site of the original tree removal. Otherwise, replacement trees may be located on any parcel within Rohnert Park city limits, depending on the feasibility and appropriateness of the site as determined by the city arborist.

(Ord. 769 § 3 (part), 2007)

For the purpose of safeguarding trees during construction activities, the following conditions shall apply to all trees that have not otherwise been approved for alteration, removal, or relocation:

A.

Prior to commencement of construction activities, the property owner, developer, and/or contractor shall hire a licensed and certified arborist to inventory all trees on the building site by size, health, species and location.

B.

The property owner, developer, and/or contractor shall erect protective barriers around all trees to be safeguarded on the construction site. The barriers shall be in place prior to the start of construction activities, shall be at least five feet in height, and shall be placed directly beneath the dripline of the tree. Upon the completion of all construction activities, the barriers may be removed pending written authorization as provided by the community development department.

C.

There shall be no storage of equipment, materials or chemicals, rinsing or dumping of paints, solvents, or cementitious products, or vehicle parking within the dripline of any tree to be preserved.

D.

No trenching shall be permitted within the dripline of any tree to be preserved unless authorized and conducted under the supervision of a licensed and certified arborist.

(Ord. 769 § 3 (part), 2007)

In the interest of maintaining the purpose and intent of this chapter, the city shall collect a security deposit from the property owner, developer, and/or contractor for any project which includes as a condition of project approval the protection and preservation of on- or off-site trees. The security deposit shall be used to replace trees which were intended to be protected, but failed to survive for the minimum period of twenty-four months as measured from the date that the department of community development authorizes removal of the tree protection barrier.

A.

Deposit Amount. The property owner, developer, and/or contractor shall submit a security deposit equal to thirty percent of the value, as defined in Section 17.04.030 (Definitions of words and terms), of each tree for the first twenty-five thousand dollars in tree value. For tree values in excess of twenty-five thousand dollars, applicant shall submit an additional security deposit equal to twenty percent of such value. The total security deposit for any project shall not exceed thirty thousand dollars. A separate account shall be established by the finance department for this purpose.

B.

Use of Security Deposits. In the event that a protected tree does not survive or is otherwise harmed as a result of site development within twenty-four months measured from the date of project occupancy, the city of Rohnert Park shall use the security deposit funds to purchase replacement trees for on- or off-site use. Tree replacement shall be determined in accordance with Section 17.15.050(B) (Replacement Formula).

C.

Security Deposit Exemptions. The following projects are exempt from paying security deposits:

1.

Any project which was sponsored by the city of Rohnert Park.

2.

A remodel, repair, or addition to a single-family residence on a developed lot.

D.

Security Deposit Refund. Any unused portion of a security deposit shall be refunded to the entity or person who originally posted the security and returned within sixty days of the expiration of the twenty-four months, as referenced in subsection B of this section.

(Ord. 769 § 3 (part), 2007)

A.

Penalty. A violation of any of the provisions or failure to comply with any of the requirements of this chapter shall be subject to the penalties set forth in Chapter 1.16 of the city's Municipal Code. Nothing in this section shall preclude or limit the city from seeking any manner of judicial relief for violations of this chapter, including, but not limited to, seeking recovery of the value of any tree that is altered, relocated, removed or otherwise damaged in violation of this chapter. The value of any tree altered, relocated, removed or otherwise damaged shall be consistent with Section 17.15.050(B) (Replacement Formula).

(Ord. 769 § 3 (part), 2007)