ARTICLE I. IN GENERAL
Sec. 98-1. Definitions.
Arborist: A person engaged in the professional practice of tree care.
Critical Root Zone: A circular region measured outward from the tree trunk to the drip line representing the area of roots that must be maintained or protected for the tree's survival.
Drip Line: A vertical line extending from the outermost edge of the tree canopy or shrub branch to the ground.
DBH: Diameter at breast height is the trunk diameter measured in inches at a height of 4.5 feet above the ground. If the tree splits into multiple trunks, the trunk is measured at its most narrow point beneath the split.
Large Tree: A tree with a mature height of 40 feet or more.
Medium Tree: A tree with a mature height of 20 to 40 feet.
Park Tree: Any tree located in a designated park or any area owned by the City to which the public has free access, except a street right of way.
Planting strip: The area between the curb and sidewalk, two curbs, a curb and fence, or a sidewalk and fence.
Public Right-of-Way: A street, sidewalk, alley or other public way, along with the adjacent land on which the city holds a servitude or full ownership.
Servitude: The legal grant of right-of-use to an area of designated private property, utilized by public corporations (states, municipalities) or companies providing public services such as gas, electricity, and telephone.
Shrub: A woody plant of low or medium height, usually multi-stemmed.
Small Tree: A tree with a mature height of 20 feet or less.
Street Tree: Any tree located within a public right-of-way.
Tree: A woody plant having a well defined stem or trunk and a definite crown which attains a mature height of at least 8 feet.
Sec. 98-2. Establishment of a City Tree Board
(a) There is hereby established a City Tree Board which shall consist of not less than 5 members, who shall be appointed by the Mayor. Members shall hold office for five years, provided that of those first appointed, there shall be one appointed for one year, one appointed for two years, one appointed for three years, one appointed for four years, and one appointed for five years. Vacancies
shall be filled in the same manner for the unexpired portion of the term.
(b) Three Member of the Board shall constitute a quorum. A majority vote
shall be required for the adoption of any resolution.
(c) The Board shall keep a detailed record of its proceedings.
(d) The Board shall elect its own officers and adopt its own rules and regulations.
Sec. 98-3. Duties of the Tree Board
The Board, which shall function in an advisory capacity, shall consider, investigate, make findings, report and recommend upon any special matter or question regarding the care, preservation, pruning, planting, replacement, removal or disposition of street trees and park trees to the Superintendent of Streets and Drainage or Director of SPAR, whichever is appropriate.
Sec. 98-4. Responsibility of Superintendent of Streets and Drainage or Director of SPAR.
Whenever a provision of this ordinance refers to the authority or approval of the Superintendent of Streets and Drainage or Director of SPAR, whichever is appropriate, the appropriate official shall be the Superintendent of Streets and Drainage when the issue relates to a street tree, and the appropriate official shall be the Director of SPAR when the issue relates to a park tree.
ARTICLE II. TREES
Sec 98-26. Approved street and park trees
No trees other than those listed herein may be planted as street trees without permission from the Tree Board.
Small Trees: (20' or less)
Cherry, Japanese Prunus serrulata
Crape Myrtle Lagerstroemia indica
Dogwood, Flowering Cornus florida
Hawthorn, Washington Crataegus phaenopyrum
Holly, Deciduous Ilex decidua
Holly, Yaupon Ilex vomitoria
Hornbeam, American Carpinus carolinina
Ligustrum, Wax Leaf Ligustrum japonicum
Magnolia, Saucer Magnolia x So langial1
Maple, Amur Acer ginnala
Plum, Purpleleaf Prunus cerasifera
Redbud, Eastern Cercis canadensis
Medium Trees: (20-40')
Birch, River Betula nigra
Cypress, Leland Cupressocyparis leylandii
Elm, Cedar Ulmus crassifolia
Elm, Chinese (Lacebark) Ulmus parvifolia
Elm, Winged Ulmus alata
Goldenrain Tree Koelreuteria pani ulata
Holly, American Ilex opaca
Hornbeam, Eastern Hop Ostrya virginiana
Hornbeam, European Carpinus betulus
Locust, Thornless Honey Gleditisia triacanthos
Magnolia, Sweetbay Magnolia virginiana
Pear, Callary (var.) Pyrus calleryana var.
Pine, Japanese BlackPinus thunbergiana
Pine, Scotch Pinus sylvestris
Pine, Spruce Pinus glabra
Pistache, Chinese Pistacia chinensis
Sassafras, Common Sassafras albidum
Large Trees(40' or more):
Ash, Green Fraxinus pennsylvanica
Ash, White Fraxinus amir'cana
Cypress, Bald Taxodium disticu -
Ginko (male) . Ginko biloba
Japanese Pagoda Tree Sophora japonica
Linden, Little Leaf Tilia cordata
Linden, Silver Tilia tomentos
Maple, Red Acer rubrum
Maple, Sugar Acer saccharum
Oak, Blackjack Quercus marilandica
Oak, Bur Quercus macrocarpa
Oak, Chinquapin Quercus Muehlenbergi
Oak, Northern Red Quercus rubra
Oak, Nuttall Quercus Nuttallii
Oak, Pin Quercus palustris
Oak, Post Quercus stellata
Oak, Sawtooth Quercus acutissima
Oak, Shumard Quercus Shu mardi
Oak, Southern Red Oak Quercus falcata
Oak, Water Quercus nigra
Oak, White Quercus alba
Oak, Willow Quercus phellos
Pine, Loblolly Pinus taeda
Pine, Shortleaf Pinus echinata
Tulip Tree Liriodendron tulipifera
Ze1kova Ze1kova serrata
Sec. 98-27. Spacing and location
(a) No tree listed as small or medium in Section 98-26, regardless of its size when planted, shall be planted in a planting strip less than 4 feet in width. No tree listed as large shall be planted in a planting strip less than 6 feet in width. A planting strip is that area between the curb and sidewalk, two curbs, a curb and fence, or a sidewalk and fence.
(b) Trees shall be centered in the planting strip when the width of the planting strip is 8 feet or less.
(c) No street tree shall be planted closer than two feet from the back of the curb. In those instances where there is no curb, the measurement shall be taken from the edge of paving or shoulder of the road.
(d) Where sidewalks are attached to the curb as a continuous element, the street tree planting shall be at least three feet behind the sidewalk and must be located within the public right-of-way.
(e) Trees whose canopy at maturity will begin no less than nine feet above the ground may be approved within the sight triangle by the City Engineer, or his designee, in cases where there will be no visual interference at any time during the growth period with safe and efficient circulation at an intersection or driveway.
(f) No tree shall be planted closer than ten feet from a fire hydrant.
(g) No tree other than those listed as small trees herein shall be placed under or within ten lateral feet of an overhead utility line. Medium trees shall be placed at least ten lateral feet, and large trees at least twenty lateral feet from overhead utility lines. No tree shall be placed within five lateral feet of any underground public utility line.
(h) Trees placed in sidewalk plantings shall have a minimum of 16 square feet cutout area and shall be placed no closer than two feet from the back of the curb.
(i) The provisions of this section shall apply to all trees, including street trees, park trees, and trees on private property, unless specifically otherwise provided herein.
Sec. 98-28. Tree replacement
Street and park trees having a DBH of 12 inches or more which are lost or damaged to an extent that results in the loss of 1/4 of the root system or 1/3 of the tree canopy shall be replaced on a one-for-one basis. The minimum acceptable size at the time of planting shall be as follows: small trees, 6 feet; medium trees, 8 feet or 1 1/2 inch caliper; large trees, 10 feet or 2 inch caliper. Small trees will not be accepted as replacement trees except in those instances where they are replacing trees located under or within 10 lateral feet of overhead utility lines or within 5 lateral feet of any underground public utility line. In such a case, trees shall be replaced on a two-for-one basis.
Sec. 98-29. Care of Street and Park Trees
(a) Trimming, removal, etc. of trees within and adjacent to public right-of ¬ways and parks.
(1) No person shall excessively prune (pruning which results in disfiguring or destroying the natural canopy or shape of the tree), remove or otherwise disturb any street or park tree without authorization from the Superintendent of Streets and Drainage or Director of SPAR, whichever is appropriate.
(2) This section shall not prohibit property owners adjacent to public right-of-ways from planting trees, provided that the selection and location of such trees is in accordance with Sec.98-26 and 98-27.
(3) All trees or shrubs located within public right-of-ways, parks or adjacent to sidewalks shall be trimmed and in such condition so as not to interrupt a clear vision of vehicular and pedestrian traffic or cause obstruction to vehicular or pedestrian traffic.
(4) All trees or shrubs located within public right-of-ways, parks or adjacent to sidewalks shall be trimmed and in such condition so as not to interfere with the proper diffusion of light from any streetlight or standard light.
(5) All trees and shrubs located within public right-of-ways, parks, or adjacent to sidewalks, shall be trimmed of all limbs and foliage to a height of 7 feet above the sidewalk or curb and 12 feet above a traffic lane, i.e. that portion of a street dedicated to through traffic.
(6) The city shall be responsible for maintaining trees and shrubs within the public right-of-ways and parks. However, property owners shall be responsible for maintaining those trees and shrubs within the right-of-way which are located between the property line and the city street and all trees and shrubs on private property which overhang and encroach into public right-of-ways and parks in accordance with the provisions of this ordinance. The city shall notify property owners who fail to maintain their trees and shrubs in accordance with these provisions in writing allowing 30 days for correction of the situation. In the event of failure of property owners to comply with notice, the city shall have the authority to correct the situation at the owner's expense. The cost for such work will be included on the owner's property tax notice.
(b) Abuse of street and park trees
No person shall attach any rope, wire, nails, signs or handbills to or carve any tree; allow any harmful chemical substance to come into contact with a tree; set fire or allow fire to burn nearby so as to injure any portion of a tree from fire or heat thereof; or otherwise disturb any street tree or park tree without authorization from the Superintendent of Streets and Drainage or Director of SPAR, whichever is appropriate.
(c) Tree topping
No person shall top a street or park tree. Topping is defined as the severe cutting back of limbs to stubs greater than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. This section shall not apply to trees severely damaged by storms or other causes, or where other pruning practices are impractical, when the topping is approved in advance in writing by the Superintendent of Streets and Drainage or Director of SPAR, whichever is appropriate.
(d) Dead or diseased tree removal
The City shall have the right to cause the removal of any dead or diseased trees on private property within the city when trees constitute a hazard to life or property, or harbor insects or disease which constitute a potential threat to other trees within the city. Property owners will be notified by the city to remove said trees at their own expense within 30 days. In the event of failure of property owners to comply with notice, the city shall have the authority to remove said trees and charge the cost of removal on the owner’s property tax notice.
(e) Stump removal
All stumps of street and park trees shall be removed at or below the surface of the ground so that the top of the stump shall not project above the surface of the ground.
(f) Use of climbing spikes
No person shall employ the use of climbing spikes in order to climb trees, unless the condition of the tree is such that it is impossible to climb without the use of such devices or if the tree is to be removed. If climbing spikes must be utilized, the person seeking to utilize them must first obtain written approval from the owner. Additionally, if such devices are used, the duty is incumbent upon the person using such devices to spray any tree climbed with climbing spikes with a spray consisting of proper pesticide and fungicide.
Sec. 98-30. Debris removal
(1) It is unlawful for any person engaged in the servicing of trees and shrubs to perform such services without removing all logs, limbs, and other debris from such premises at the same time services are performed. Said removal shall also apply to all logs, limbs, and other debris resulting from clearing, excavation, grading, and other construction activity by contractors. The City and other public utilities shall be exempt from this section during situations of adverse weather and service restoration.
(2) The requirements and obligations contained in subsection (1) of this section may be and are therefore exclusively assumed by the owner or occupant of the property by notifying the person performing such services in writing that he desires to retain logs limbs, or other debris for his own personal use. Such written notice shall be retained by the person performing such service for not less than 30 days, and a copy thereof shall be furnished to the city upon request.
Sec. 98-31. Protection of roots and trees during construction
(1) Any street or park .tree in excess of 12" DBH shall be protected near any excavation or construction site by fencing off the area which constitutes the critical root zone as defined herein. All building material, dirt, debris and equipment shall be kept outside the fenced area.
(2) No person shall deposit, place, store, or maintain upon any public right-of-way or park any stone, brick, sand, concrete, or other materials which may impede the free passage of water, air, fertilizer, to the roots of any tree growing therein without written approval of the Superintendent of Streets and Drainage or Director of SPAR, whichever is appropriate. Such regulations do not apply to streets, alleys, sidewalks, or driveways.
(3) When excavating for underground utilities, tunneling under trees (12" DBH) which are to be saved will be the preferred method. Tunnels shall be a minimum depth of 24 inches and shall be made directly under the trunk, except in those instances of trees having taproots. In cases where tunneling is impractical, trenching may be done; however, no trench shall be located within 1/2 the distance of the dripline and trunk. Roots shall be cut with sharp instruments to assure smooth, flush cuts, thus reducing potential damage to the tree. All trenches shall be backfilled within the shortest amount of time possible and the soil shall not be compacted.
Sec. 98-32. Interference with city personnel
It shall be unlawful for any person to prevent, delay, or interfere with city personnel or agent of the city while engaged in any activity authorized by this ordinance.
Sec. 98-33. Appeals
Any person may appeal to the City Council any decision rendered by the Tree Board pursuant to this chapter by filing a written complaint with the City Clerk within ten days after the decision is rendered.
Sec. 98-34. Penalty
Upon conviction, any person, firm, or corporation violating any provision of this ordinance shall be punished by fine not exceeding $500.00. Each day any violation shall continue shall constitute a separate offense. If any violation of the provisions of this ordinance results in the injury, mutilation, or death of a tree or shrub located on a public right-of-way or park, the cost of repair or replacement of such tree or shrub shall be borne by the party in violation. The imposition of any penalty hereunder shall not preclude the city or any adjacent or neighboring property owner who would be specifically damaged by such violation from instituting injunctive, mandamus, or other appropriate legal action or proceedings to prevent, correct, or abate such violation.
BE IT FURTHER ORDAINED that if any provision or item of this ordinance or application thereof is held invalid, such invalidity shall not affect other provisions, items or application of this ordinance which can be given effect without invalid provisions, items or applications and to this end the provisions of this ordinance are hereby declared severable.
BE IT FURTHER ORDAINED that all ordinances or parts thereof in conflict are hereby repealed.
