TREE POLICY

Rossmoor Community Services District

Policy No. 3080

3080.00    Parkway and Median:  A parkway, as applied to this Policy, is the County of Orange (County) owned area between the sidewalk and curb. The median is the County owned area dividing Rossmoor Way.

3080.10    Public Property:  Parkway and median trees are public, not private property.  Every reasonable effort will be made to preserve this natural resource in order to retain and improve this local scenic and environmental asset.

3080.11    Homeowners, residents or their agents shall not plant, trim or remove parkway and median trees.  The Rossmoor Community Services District (RCSD) has the authority and responsibility to plant and trim trees either directly or through the County or other third parties.  RCSD recommends removals to the County and the County has the authority to remove trees.

3080.12    Request for inspections, planting, trimming or removal shall be made with the RCSD office.

3080.20    Tree planting and nurturing:  All parkways at private residences shall have at least one tree, where feasible, and those currently without a tree(s) will have a tree(s) planted by the RCSD as funds become available.  The desired spacing between trees is 70 feet. Similarly spaced tree plantings are required along the parkways of public properties, where feasible (e.g. parks, schools, flood control channels, etc.). 

3080.21    Tree planting locations shall be prioritized to satisfy homeowner/resident requests and replacement of removed trees before other plantings.

3080.22    The RCSD General Manager shall maintain a tree-planting program consistent with available budgeted funds.

3080.23    The RCSD shall maintain an inventory of all Parkway and Rossmoor Way Median trees. This is the same inventory referred to in Policy 3080.71. The RCSD shall maintain a current list of all potential sites for planting a tree within all public right of ways. 

3080.24    Site selections for new tree plantings shall be obtained from a computerized inventory of Rossmoor parkway trees and vacant sites maintained by the RCSD.

3080.25    New tree plantings shall be accomplished in accordance with the Rossmoor Parkway Tree Planting Guide maintained by the General Manager.

3080.26    Trees planted by the RCSD will normally be in 15-gallon containers.  A homeowner/resident may request and pay for a larger size.

3080.27    A Board approved list of tree varieties for new or replacement trees shall be maintained by the General Manager.  The General Manager shall select tree species based on the predominant tree species of the block and other factors.

3080.28    The RCSD General Manager shall maintain a document that specifies the required care of parkway trees.  This includes instructions for newly planted parkway trees.  The document shall be provided to each homeowner/resident of a newly planted parkway tree.

3080.29    The homeowners/resident has the responsibility for watering and caring for the parkway trees adjacent to their property in accordance with RCSD instructions.  A tree that must be replaced due to lack of care on the part of a homeowner/resident will require the homeowner/resident to pay the RCSD for a replacement tree of the same or like species and size.  See Policy 3080.80 for enforcement provisions. 

3080.30    Tree trimming and protection:  Trees shall be trimmed by the RCSD to maintain safety and clearance standards established by the County.

3080.31    Specifications delineating aesthetic tree trimming shall be in accordance with the requirements of the International Society of Arboriculture (ISA) and maintained by the RCSD General Manager and become a part of any tree trimming contracts awarded by the RCSD.

3080.32    The RCSD shall maintain a tree trimming schedule for all parkway and median trees.  Currently, each tree shall be trimmed once every four years.  Homeowners/residents desiring more frequent trimming can request such at the RCSD office for a fee, which reflects the cost to the District. 

3080.33        Notification by mail or RCSD newsletter of scheduled tree trimming, planting, root pruning or removal shall be sent by the RCSD to the homeowner/resident at least two (2) weeks prior to the planned work except for emergency safety removals.

3080.40    Tree removal:  Only trees that are dead, structurally unsound or are creating problems that cannot be corrected without causing the tree to die or become unstable will be removed. 

3080.41    Valid reasons for removing trees: 

• A dead, rotting or seriously diseased tree that presents a danger of structural failure.
• Trees that present a hazard, such as a tree with weak roots, a tree with a split trunk or a tree with falling limbs that cannot be corrected with trimming.
• A diseased or insect infested tree that is a serious threat to nearby trees if removal is the best pest or disease control option.
• An unauthorized tree of the wrong species for its location
• Hardscape (sidewalks, curbs, driveways etc.) damage that requires repairs and if such repairs cannot be made without causing severe root damage that renders the tree structurally unsound.
• If in order to repair or replace a lateral sewer line, it is necessary to remove significant tree roots that would undermine the structural integrity of a tree. This need must be demonstrated to the RCSD by the homeowner.  The sewer line must be exposed and be available to the RCSD for a visual inspection to determine the need for the tree removal.
• Home remodeling that requires removal of a tree.  If this is a driveway relocation, the homeowner must have a building permit and plot plan showing the tree to be removed is less than five (5) feet from the proposed new driveway.  The Homeowner must pay the RCSD for the tree removal and the planting of a new 24-inch box tree selected by the RCSD before the RCSD will sign off on the permit.

3080.42   Non-valid reasons for removing trees: 

• Nuisances, such as dropping leaves, root ridges in lawn, messy fruit, berries or flowers, etc.
• Roots getting into sewer lines.  It is the responsibility of the homeowner/resident to maintain their sewer line so that leakage from a line is repaired promptly.  This will avoid tree roots from seeking the seeping nutrients and moisture from the line.
• Invasion of roots into water meter box that can be remedied with root pruning.  The General Manager will determine who is financially responsible for any necessary root pruning.
• Hardscape damage where repair coupled with root pruning can save the tree.

3080.50    Tree removal requests and disposition:

3080.51    A request for a parkway tree removal must be filled out by the homeowner or his/her agent and submitted to the RCSD General Manager for action.

3080.52    The action taken on a tree removal request will be determined by the RCSD General Manager and that disposition reported back to the homeowner or his/her agent in writing.  A requester has the right of appeal to the RCSD Board of Directors on any actions taken.

3080.60    Tree protection:  Unauthorized removal or homeowner/resident caused damage of a parkway tree is a misdemeanor subject to penalties.  In addition, the homeowner will be required to pay to the RCSD the ISA value of the removed tree and the cost of a replacement tree in a 24-inch box.

3080.61    Parkways may not be cemented or bricked except for driveways, wheelchair access ramps and water meter boxes.

3080.62    Parkways may be covered with grass or other plants, so long as such grass or plants are not more than two (2) feet high or closer than 1½ feet from the base of the tree.

3080.63     Any work on the parkway that could involve the cutting of tree roots must first be approved by the RCSD.

3080.64     No swings or attachments of any type may be placed on parkway trees.

3080.70    Retention of arborist:  The RCSD will retain an ISA certified arborist to assist the RCSD General Manager in the following areas:

3080.71    Developing and maintaining a list of all Parkway and Rossmoor Way Median trees.

3080.72    Evaluating tree removal requests.

3080.73    Specifying aesthetic tree trimming requirements by tree types to assist in maintaining the requirements of Policy 3080.31.

3080.74    The RCSD may, on an individual basis, spray selected parkway and median trees with legally permitted material and methods.

3080.75    The County of Orange is responsible for the preventive or remedial tree root pruning to aid in the control of sidewalk, curb and gutter damage.  The RCSD will coordinate with the County of Orange to perform this work and any other alternatives to tree removal. 

3080.80    Enforcement of Policy: 

3080.81  Pursuant to Government Code Section 61600(j) and (k), the RCSD has the authority to perform work and improvements on or about any street in Rossmoor, subject to the consent of the County.

3080.82  Pursuant to Government Code Section 61621.5(c), the RCSD adopted Resolution 99-1-13-1 which provides that the County has granted the RCSD the power of a county road commissioner to regulate certain activities.  In its role as a County Road Commissioner, the RCSD may regulate and perform certain activities in connection with the planting, removing, cutting, injuring or destroying any tree, shrub, plant or flower growing on any parkway or median.  Pursuant to Government Code Section 61621.5(c) and Streets and Highways Code Section 1460, anyone who violates this policy will be subject to the appropriate legal remedy including liability for all expenses and damages caused thereby to the County and RCSD.

3080.83    The RCSD shall notify the homeowner/resident of any violation of Policy 3080.  If the homeowner/resident refuses to correct the violation, the RCSD shall pursue other appropriate legal remedies for the collection of damages in order to compensate the RCSD for all costs and expenses caused by the alleged violation of this policy.  The RCSD staff shall establish internal procedures, with the assistance of legal counsel, for performing such reporting and enforcement functions.

3080.90     Quarterly Report:  The General Manager shall provide a quarterly report to the Board giving a summary of all parkway and median tree plantings, trimmings, inspections and removals as well as a listing of residents requesting tree planting or removals.

Adopted:  September 10, 2002