This chapter shall be known and may be cited as the "Street
Tree Ordinance of the City of New Castle."
For the purposes of this chapter, the following definitions
shall apply:
BASAL FLARE
The portion of a tree where there is a rapid increase in
diameter at the confluence of the trunk and root crown.
BUILDING AREA
The area of a parcel upon which, under applicable zoning
regulations, a structure may be built without the requirement of a
variance.
BUILDING FOOTPRINT
The two-dimensional configuration of an existing building's
perimeter boundaries as measured on a horizontal plane at ground level.
CALIPER
The diameter of any tree trunk measured at six inches above
ground level.
CERTIFIED ARBORIST
An individual trained in the art and science of planting,
caring for, and maintaining individual trees. This individual shall
possess a current International Society of Arboriculture arborist
certification.
CITY
The City of New Castle, a municipal corporation of the State
of Delaware, acting through the City Administrator.
COMMISSION
The Tree Advisory Commission of New Castle created under Chapter
74 of the City Code.
CONSULTING ARBORIST
A professional who would advise the City on safety, health
and preservation of trees. The role of the consulting arborist is
to bring a comprehensive, objective viewpoint to the diagnosis, appraisal,
and evaluation of arboricultural issues. This individual shall possess
a current American Society of Consulting Arborists certification.
DEVELOPMENT
Any improvement upon any property in the City which requires
a subdivision, variance, building permit, demolition permit, or other
City approval, or which involves excavation, landscaping or construction
within the dripline area of a protected tree.
DRIPLINE AREA
The area within X distance from the perimeter of the trunk
of the tree at 4 1/2 feet (54 inches) above natural grade, where
X equals a distance 10 times the diameter of the trunk as measured
4 1/2 feet (54 inches) above natural grade.
EXCESSIVE PRUNING
The removal of more than 1/4 of the functioning leaf and
stem area of a tree in any twelve-month period, or removal of foliage
so as to cause the structural unbalancing of a tree. For example,
lion tailing and topping are prohibited, as those practices constitute
excessive pruning.
HAZARDOUS
An imminent hazard or threat to the safety of persons or
property.
PERSON
Any public or private individual, group, company, firm, corporation,
partnership, association, society, or any other combination of human
beings, whether legal or natural.
PUBLIC NUISANCE
Any condition that may endanger the security or usefulness
of any public street, sewer, sidewalk or other public amenity, or
the full and safe operation of public utility wires.
REMOVAL
The actual removal or causing the effective removal of a
tree through damaging, poisoning or other direct or indirect actions
resulting in the death of a tree.
REMOVE
Refers to any of the following:
A.
Complete removal, such as cutting to the ground or extraction,
of a tree;
B.
Taking any action leading to the death of a tree or permanent
damage to its health, including, but not limited to, excessive pruning,
cutting, girdling, poisoning, overwatering, unauthorized relocation
or transportation of a tree, or trenching, excavating, altering the
grade or paving within the dripline area of a tree.
STREET TREE
Any tree on property over which the City of New Castle now
or hereafter have jurisdiction. A street tree shall include those
portions of defined vegetation which grow above grade, as well as
root systems growing below grade.
TREE
A woody perennial plant having a single usually elongate
main stem generally with few or no branches on its lower part.
TREE PERMIT
A permit required by the City for tree maintenance, pruning,
removal or planting of street trees requested and performed by private
citizens or entities.
TREE REPORT
A report prepared by an arborist and certified by the International
Society of Arboriculture or another nationally recognized tree research,
care and preservation organization.
URBAN TREE GUIDELINES
Guidelines developed by the City to implement this chapter
and provide proper tree care.
All trees planted on public lands in the City are the property
of the City and shall be designated as "street trees." The City shall
have exclusive jurisdiction and supervision over all street trees.
The City shall have the authority to plant, trim, prune, spray, treat,
preserve and remove trees on public lands to ensure public safety,
to eliminate public nuisance trees, to preserve the symmetry and beauty
of such public places, and to prevent endangerment of public and private
property.
Utility companies are required to notify the City Administrator in writing a minimum of three business days prior to pruning, treating or removing street trees for line clearance by reporting the nature of the pruning, treating or removal work, and where and how long they will be engaged in such work. Except in emergency situations where persons or property are in imminent danger, the City shall have the right to notify the utility of its intent to have the street tree(s) affected by the pruning, treating or removal inspected by a consulting arborist to provide instruction on how the street tree(s) shall be pruned, treated or removed by the utility in the manner least damaging to any affected street tree(s). The utility shall abide by the instructions of the consulting arborist to the maximum extent possible in conducting the pruning, treating or removal of the affected street tree(s) so as to best ensure their health and vitality, any those of any other affected street trees. Nothing herein shall be deemed to deprive the utility company of the right to fully exercise its lawful and enforceable easement rights. Any damage to or removal of street trees resulting from the violation of this section shall be a violation of this chapter subject to fine and enforcement action under §
210-17 of this chapter. This section shall not apply to the Municipal Services Corporation.
It shall be the responsibility of every property owner or occupant
to maintain the trees on their property in a safe and healthy manner
and to keep trees properly trimmed and pruned so as to avoid hazards
to persons, property and other vegetation.
A. The City and its designated agents shall have the right, from time
to time, to enter upon private property in order to inspect the trees
and shrubs located upon such private property. The City shall seek
the property owner's permission to conduct such an inspection,
but in no event shall any entry upon private property by the City
or its agents or contractors for purposes authorized by this chapter
be deemed a trespass. Should a condition of extreme danger be observed
by the City, and should the City Administrator make a finding that
any tree or part thereof constitutes an immediate danger to persons,
property or other vegetation, the City shall direct the property owner
to remove the tree, or the portion thereof constituting a danger,
forthwith.
B. The method of notification to the property owner shall be in one
or more of the following ways:
(1) By personal delivery of the order to the owner or owners.
(2) By delivering the order to an adult residing on the premises.
(3) By mailing the order by registered or certified mail to the last
known address of the owner on the premises.
(4) By publishing the order in a local newspaper for three consecutive
days.
C. The order shall set forth the time limit for compliance, which shall
depend upon the degree of danger created by the tree, but shall in
no case be longer than 30 days. In cases of extreme danger, the City
shall have the authority to require immediate compliance.
D. If, at the end of the time set forth in the order, the tree has not
been removed, the City shall have the tree, or the portion thereof
constituting a danger, removed. The costs of this service, including
labor, equipment and materials, shall be assessed to the property
owner. If the costs of remedying the condition are not paid within
30 days after receipt of a statement from the City, the amount shall
become a lien upon the property to be included in the tax bill rendered
to the property owners and shall be collected in the same manner as
other taxes against such property.
Because diseases of trees on private property can be spread
to street trees, it shall be the responsibility of any person, for
any tree or other vegetation on their property, to treat or remove
any tree or vegetation so diseased or insect infested as to constitute
a hazard to persons, property or other vegetation, if directed by
the City.
A. Upon determining that any tree upon private property is diseased
or infested with insects, the City shall notify the property owner,
in writing, describing the condition, stating the actions necessary
for correction and setting forth a reasonable time in which the action
must be taken.
B. In the event the property owner fails to take the required corrective
action, the City is authorized, in the public interest, to enter the
property to spray, trim, prune, treat or remove the diseased tree
or any part thereof. The cost of this service, including labor, equipment
and materials, shall be assessed to the property owner and shall constitute
a lien upon the relevant property. No such entry on to private property
by the City, its employees, agents and contractors shall be deemed
a trespass.
C. If, after utilizing all techniques, methods and procedures which could reasonably be expected to save a tree, said tree is deemed to be dead, dying, in a dangerous condition, unsafe or likely to cause damage, the tree shall be declared an immediate danger and abated as set forth in §
210-9A of this chapter.
D. The City shall cause to be made periodic inspections for Dutch elm
disease, shall take samples, and require treatment as may be necessary
to control the spread of such disease. Infected tree wood and bark
shall not be stored for fuel or similar future use; and shall be transported
to a licensed landfill for appropriate and lawful disposal. Elm trees
found to be infected with Dutch elm disease and determined to be untreatable
shall be abated as set forth in this section.
E. Public nuisance trees. Any tree or shrub growing on public or private
property, which tree or shrub is endangering, or which in any way
may endanger, the security or usefulness of any public street, sewer,
or sidewalk or the full and safe operation of public utility wires,
is hereby declared to be a public nuisance and may be removed at the
discretion of the City.
F. Tree permit.
(1) The City is responsible for the maintenance of the street trees on
City-owned property, rights-of-ways, medians, parks, and City-owned
easements. The City will not maintain trees that are on privately
owned property except as provided in this chapter. The City will maintain
street trees, in order to remove dangerous debris and tree material
for public safety and welfare.
(2) With the advance written approval of the City, property owners abutting
street trees on City-owned easements, parks, medians, and rights-of-ways
may, at the property owner's expense, have trees trimmed by a
certified arborist or other qualified and insured contractor approved
and licensed by the City, or under the supervision of a Tree Commission
Member or City employee.
(3) A tree permit is required for the planting, removal or pruning of branches of street trees. Root pruning of street trees and any disturbance or compaction within the dripline area requires a tree permit. A resident must obtain a tree permit to ensure that proper care is given to street trees. Street tree work completed without a permit shall be a violation of this chapter subject to fines and enforcement actions under §
210-17 of this chapter.
G. Private parties, whether acting pursuant to a tree permit or not,
are responsible for the cost of repairing or replacing any City curbing
or sidewalks damaged as a result of the pruning or removal of any
tree or tree root. If a private party fails to repair or replace a
damaged curb or sidewalk, the City may do so after 60 days' written
notice. If the cost of repairing or replacing the affected curbing
or sidewalk is not paid within 60 days after receipt of a statement
from the City, the amount shall become a lien upon any real estate
owned by the private party located in the City and shall be included
in the tax bill rendered to such property owner and shall be collected
in the same manner as other taxes against such property.
Nothing in this chapter limits or modifies the existing authority of the City under Chapter
213 (Subdivision of Land) and Chapter
230 (Zoning) to require trees and other plants not covered by this chapter to be identified, retained, protected and/or planted as conditions of the approval of development. In the event of conflict between provisions of this chapter and conditions of any permit or other approval granted pursuant to Chapter
213 or Chapter
230, the more protective requirements shall prevail.
Nothing in this chapter shall be deemed to impose any liability
upon the City or upon any of its officers, employees or Commission
members. The City and its officers, employees and Commission members
shall be immune from suit for damages as a result of any lawful action
taken pursuant to the terms of this chapter. Nothing in this chapter
shall relieve the owner or occupant of any private property from the
duty to keep trees upon private property in a safe condition.
The City Council may issue and amend guidelines to assist in
the implementation of this chapter, which shall be known as the "Urban
Tree Guidelines." Copies of the Urban Tree Guidelines will be made
readily available to the public.
Should any part or provision of this chapter be declared by
a court of competent jurisdiction to be invalid, the same shall not
affect the validity of the chapter as a whole, or any part thereof,
other than the part declared to be invalid.