[HISTORY: Adopted by the City Council of the City of Lexington 4-20-2006
by Ord. No. 2006-03 (Ch. 25.1 of the 1970 Code). Amendments
noted where applicable.]
This chapter establishes policies, regulations and standards necessary
to ensure that the City of Lexington will continue to realize the benefits
provided by its trees. The provisions of this chapter are enacted to:
A.
Establish and maintain the maximum sustainable amount
of tree cover on public and private lands in the City.
B.
Maintain City trees in a healthy and nonhazardous condition
through good arboricultural practices.
C.
Establish and maintain an optimal level of age and species
diversity.
D.
Promote conservation of tree resources.
E.
Select, situate and maintain public trees to maximize
benefits and minimize hazard, nuisance and hardscape damage and manage costs
at an appropriate level.
F.
Coordinate tree management under a person or agency with
the necessary expertise.
G.
Foster community awareness and support for a local urban
forestry program and foster good tree management on privately owned properties.
For the purpose of this chapter, the following words and phrases shall
have the meanings respectively ascribed to them by this section:
The City administration and/or City Council unless the context in
which the term is used indicates otherwise.
A person receiving training or trained in arboriculture, forestry,
horticulture, and/or landscape architecture in the employ of or under contract
to the City, duly appointed by the City Manager, and charged with the responsibility
of enforcing the provisions of this chapter.
A tree located on private property identified by the City Arborist
with the concurrence of the property owner as worthy of identification and
preservation.
That area which falls within a tree's dripline (a vertical line extending
from the outermost portion of the canopy to the ground).
Diameter of a tree trunk at 4.5 feet above grade.
Any tree which by virtue of its condition, surroundings, and tendency
to fail constitutes a risk to life, health, or property.
Any tree or trees planted on property owned by the City, in the right-of-way
or on private property that is or are planted pursuant to the City's Comprehensive
Tree Management Plan; any tree or trees donated in part or whole and planted
with permission of the landowner; and trees planted pursuant to an approved
conditional use permit, approved site plan, approved subdivision or planned
unit development.
Includes all operations of trimming, pruning, spraying, injecting,
fertilizing, treating, bracing, and cutting above or below the ground.
Public parks or public open spaces having instituted names.
Any tree afforded protection under the terms of this chapter, including
public trees, community trees, and intentionally planted trees.
All public land and rights-of-way within the corporate limits of
the City owned or held by the City, including rights-of-way for streets, alleys,
sidewalks, utility lines and facilities, median strips and other City facilities,
including parks and cemeteries.
Trees planted in public areas.
Any corporation, company, individual, association, or cooperative
that is a public utility as defined in § 56-232 of the Code of Virginia,
1950, as amended.
Any self-supporting woody plant growing upon the earth that usually
possesses one main trunk and produces a more or less distinct and elevated
head with many branches.
It shall be the policy of the City to:
A.
Recognize that trees are a vital part of the urban infrastructure.
B.
Promote the planting of site-appropriate trees along
City streets.
C.
Plant trees in "pocket parks" in the downtown area to
preserve views and reduce conflicts between buildings and trees.
D.
Properly plant and maintain trees to promote their longevity
and safety.
E.
Conduct a consistent and adequate program for maintaining
and preserving trees.
F.
Promote the involvement of both the public and private
sectors in maintaining the health of the "community forest" of the City.
G.
Identify and/or accept nominations for community trees
located on private property, provide appropriate documentation of any such
trees and provide for continuing protection of the same upon transfer of ownership
of the property.
This chapter hereby establishes a City Council-appointed Tree Board
with comment authority to serve as an advisory board to the City Council,
Planning Department, and City Arborist. The Tree Board shall consist of five
members appointed for three-year staggered terms.
The City Arborist shall have the authority to formulate, revise, and
administer a Comprehensive Tree Management Plan known hereafter as the "plan."
The plan shall be reviewed and approved by the Tree Board and the City Council.
The plan shall govern tree planting, maintenance and removal of trees planted
along City streets in public areas and make provisions for educating the public
about trees.
All plantings existing or installed on any public area located within
the corporate limits and owned by the City shall become the property of the
City and be under the control of the City and subject to all regulations of
the City.
A.
Any tree protected by the terms of this chapter (hereafter
"protected tree") which is near any excavation or construction of any building,
structure, or street work shall, if feasible, have its critical root zone
protected with an effective fence, frame, shield, or box not less than three
feet high, and all building material, dirt or other debris shall be kept outside
this barrier.
B.
No person, including public utility companies and City
departments, shall excavate any ditches, tunnels, or trenches or lay any line
within the critical root zone of any protected tree without notification of
and discussion with the City Arborist. In the event of a disagreement between
the public utilities, City departments and the City Arborist, the decision
regarding the location of excavation will be made by the City Manager.
C.
Any person performing emergency work to restore, but
not increase beyond the original capacity of, underground utilities, and within
the same trench as existing utilities, shall be exempt from this notification,
provided that the City Arborist is notified as soon as practical should excavation
necessitate severing roots in excess of three inches in diameter.
D.
All trees on public areas shall, to the degree practical,
be pruned or trimmed in accordance with the standards described in the American
National Standards Institute's A300 Pruning Standard. This applies to all
public utility companies and City departments involved in maintenance of easements.
A.
Unless specifically authorized by the City Arborist, or by the City Manager as detailed in § 380-8B, no person shall intentionally damage, cut, carve, disturb, transplant or remove any protected tree; allow any gas, liquid or solid substance which is harmful to such trees to come in contact with them; set fire to or allow the heat thereof to injure any portion of any such tree; or change the natural grade of the critical root zone of such trees either by excavating or filling. Any person violating the provisions of this subsection shall be guilty of an unclassed misdemeanor punishable with a fine of up to $500 and, in addition thereto, shall be responsible for the cost of repair or replacement of any such tree so damaged.
B.
It shall be unlawful as a normal practice to top any
protected tree. "Topping" is defined as the severe cutting back of limbs to
stubs larger than three inches in diameter within the tree's crown to such
a degree so as to remove the normal canopy, disfigure the tree, and create
a public hazard. Trees severely damaged by storms or other causes, or certain
trees under utility wires or other obstructions where other pruning practices
are impractical, may be exempted from this subsection as determined by the
City Arborist.
A.
For public safety, and to avoid damage to public utilities,
owners considering the removal of trees greater than six inches dbh and growing
within 15 feet of the City right-of-way should notify the City Arborist of
their removal plans.
B.
In the Central Business District, there shall be no planting
or removal of protected trees without prior notification, review, and approval
of the Tree Board.
C.
No person, except authorized employees of the City, shall
remove planted trees, shrubs or plantings protected under this chapter without
first procuring authorization from the City Arborist. The person who obtains
such authorization shall bear the cost of removal.
A.
The City shall provide for removal of dead, diseased,
or hazard trees or shrubs on land owned by the City or within a City right-of-way
when such trees are determined by the City Arborist to constitute a hazard
to life, health, or property.
B.
If a hazard tree is located on private property, and
if the tree constitutes a hazard to the general public, the City Arborist
shall notify the owner of the premises as follows:
C.
Upon receipt of the written notice described above, the
property owner may appeal the order to the City Manager. Such appeal must
be made in writing within 15 days of notification from the City Arborist.
Any actions required in the notice shall be delayed pending the City Manager's
response to the appeal.
D.
If any work required to be done by the City Arborist
is not accomplished within the time specified, the City Attorney may institute
a suit to compel the responsible party to remedy or remove the hazard tree
and to recover the necessary costs incurred for the provision of emergency
services reasonably required to remedy or remove any such hazard tree.
E.
The term "responsible party" shall include, but not be
limited to, the owner of the premises where the hazard tree is located.
Any action of the City Arborist or his or her designee may be appealed
to and heard by the Tree Board. An appeal, to be effective, must be filed
within 15 days after the action of the City Arborist or his or her designee.
The appeal shall be in writing and shall clearly specify the reason or reasons
for which a hearing is requested. After a hearing, the Tree Board shall render
its decision. Any action of the Tree Board may be appealed to and heard by
the City Manager. This appeal must be filed within 15 days after the decision
of the Tree Board, must be in writing, and must clearly specify the reasons
for which a hearing is requested. Decisions of the City Manager shall be final.
Unless specified elsewhere, violation of any section of this chapter
shall be an unclassed misdemeanor punishable by a fine as set forth in the
annual appropriations resolution.
The City Arborist is hereby charged with the responsibility for the
enforcement of this chapter and may serve notice to any person in violation
of it or may recommend the institution of legal proceedings as may be required.
The City Manager may request the City Attorney to institute appropriate legal
proceedings to that end.
The City Arborist shall collect and maintain all records and data necessary
to evaluate whether progress is being made toward the stated goals of this
chapter. An annual summary and analysis of the evaluation and recommendations
for action shall be prepared and presented to the City Council.
A.
The City Arborist or designee is hereby vested with the
authority to carry out the following responsibilities:
(1)
Develop and revise the Comprehensive Tree Management
Plan for Tree Board and City Council approval.
(2)
Implement a monitoring program to evaluate whether goals
are being met.
(3)
Direct municipal tree care operations.
(4)
Assist with the preparation of, or review, the municipal
tree care budget.
(5)
Review and prepare comments for proposed site plan work
that involves trees.
(6)
Seek funding from state, federal or other granting agencies
or resources.
(7)
Conduct community outreach and education programs.
(8)
Enforce ordinance provisions.
(9)
Prepare and maintain all necessary current maps, plans
and records relating to the various functions of this chapter.
(10)
Report to the City Council annually on the work and activities
related to the provisions of this chapter.
(11)
Preserve historical records of the Arborist and the Tree
Board.
(12)
Provide limited advice to City residents concerning the
care and maintenance of privately owned trees.
(13)
Identify and promote community trees and facilitate the
application process for community trees.
B.
The Tree Board is hereby vested with the authority to
carry out the following responsibilities:
(1)
Review notification for activities that affect protected
trees.
(2)
Conduct community outreach and education programs.
(3)
Assist with the development, revision and evaluation
of the Comprehensive Tree Management Plan.
(4)
Seek funding from state, federal or other granting agencies.
(5)
Evaluate yearly whether progress is being made toward
the goals of this chapter.
