[Ord. No. 97-7, § 34.03, 5-27-1997; 7-10-2023 by Ord. No. 23-05]
(a)
Designation. The City may employ a City Forester, or designate its
street superintendent to perform the duties thereof, who, under the
supervision of the Director of Public Works and Utilities and the
Park Board or its designated Tree Board Committee, shall exercise
designated powers and duties. City Forester selection shall be based
upon skills and certifications as set forth in the most recent job
description for the position. The City Forester shall generally receive
direction from the street superintendent where the City Forester is
different than the street superintendent.
(b)
Duties. The City Forester shall have the following duties:
(1)
Exercising the duties conferred in W.S.A., § 27.09.
(2)
Administering and enforcing this article.
(3)
Preparing an annual forestry plan to be submitted to the Board,
and implementing such program as adopted and amended from time to
time. The forestry program shall include a comprehensive plan including
maintenance, inventory and new planning with budget projections for
annual and long range implementation.
(4)
Supervising subordinates, overseeing other employees and administering
contracts related to the forestry program and this article.
(5)
Conducting or authorizing inspections, tests, planting, replacements,
pruning, emergency removal, treatments and maintenance, and issuing
permits as necessary to implement the forestry program and this article.
Inspections of private property, defined as lands not owned, controlled
or leased by the city, shall be at reasonable times with the consent
of the owner or person in charge or by special inspection warrant.
The annual tree removal list shall be subject to approval of the Park
Board.
(6)
Assisting any person having a permit to move a building, structure
or oversized load upon a public right-of-way, defined as the part
of every street between the lot line and the curb, pavement or street
line, and shall include sidewalks and lawn parks, in selecting a route
which will cause minimal potential damage to trees.
(7)
Promulgating written guidelines for permitted work, to be filed
in the Department of Public Works and Utilities.
(c)
Plan. The City Forester, under the direction of the Director of Public
Works, shall prepare a forestry plan which shall include one or more
of the following programs: A City lawn park beautification program
to provide for tree plantings, replacement in lawn parks, and public
rights-of-way. The program shall provide for the cost of tree planting.
After review by the Tree Board, the Park Board shall make a recommendation
of the plan to the City Council. This plan shall be reviewed and updated
as necessary.
[Ord. No. 97-7, §§ 34.04, 34.07, 5-27-1997]
(a)
Required; associated costs. No person shall plant, replace, prune,
alter, do surgery on a tree or disturb the land within the dripline
of any tree on public property, defined as public rights-of-way, city
lawn parks, boulevards, parks and other lands owned, controlled or
leased by the city, or cause such work to be done by others, without
first obtaining a written permit for such work from the city forester
as provided in this section. The permit holder shall be responsible
for paying for the cost of all work performed, unless acting under
contract with the city or its subunits.
(b)
Exemptions. No person shall be required to obtain a permit to fertilize,
water or mulch trees in a lawn park, defined as the area of public
right-of-way between the street and sidewalk or private property line
if a sidewalk doesn't exist, abutting their property.
(c)
Application. Any person who applies for a permit shall make the application
in writing, on city forms.
(d)
Issuance, fee. When the city forester determines that any proposed
work described in an application for a permit is in accordance with
the provisions of this article, taking into account the public health,
safety and welfare, the location of utilities above and below ground,
public sidewalks, driveways, street lights and signs, the general
character of the area in which the tree is located or proposed to
be located, the type of soil, the characteristics and physiological
need of the genus, species and variety of the tree, then a permit
may be issued or denied as appropriate under the circumstances, with
conditions or limitations, without a fee therefor. The applicant shall
contract Digger's Hotline prior to causing any excavation.
(e)
Description of intended work; duration. Every permit issued by the
city forester shall include a description of the work to be done and
shall specify, in the case of plantings, the genus, species and variety,
size, nursery grade and location of trees to be planted. Any work
done under such permit issued under this section shall expire nine
months after the date of issuance.
(f)
Permit violation. It shall be a violation of this article for any
person to perform work under a permit contrary to the permit terms
and provisions of this article. A permit violator shall be responsible
for the repair and replacement of any tree, defined as tree or shrub,
damaged or destroyed due to defective work or noncompliance with this
article for two full growing seasons following performance of work.
(g)
Annual public utility and contractor permits. Public utilities and
contractors shall apply for and, if approved, may obtain, in accordance
with this article, an annual forestry permit subject to the following
additional conditions, unless waived for just cause by the city forester:
(h)
Revocation. Any permit granted under authority of this article may
be revoked by the city forester for just cause upon 10 days' advanced,
written notice and an opportunity to be heard. The revocation of any
permit may be appealed to the board within 10 days of receipt of written
notice of revocation.
[Ord. No. 97-7, § 34.05, 5-27-1997; 7-10-2023 by Ord. No. 23-05]
The following regulations respecting trees in lawn parks and
public rights-of-way shall apply, unless a variance is granted for
just cause by the city forester:
(1)
Genus, species, variety, size and manner of planting. The city forester
shall approve the genus, species, variety, size and manner of planting
of trees planted in any lawn park or public right-of-way. All trees
shall be selected, cared for, and planted in accordance with ANSI
A300-1995, NAA standards, and all other standards as applicable. All
trees, shrubbery and planting material set out or planted in lawn
parks and public rights-of-way shall be under the order, direction
and supervision of the city forester.
(2)
Tall growing trees under utility wires. Planting of tall growing
tree species under utility wires is hereby prohibited. Tall growing
trees are any tree that may grow larger than 20 feet in height. A
determination as to the anticipated size of a tree species can be
made by comparing mature trees of the same species within the City
area and review of the City Forester's lowgrowing tree approval list.
(3)
Minimum size. The minimum size of any tree planted in a lawn park
or public right-of-way shall be 1 1/2 inches in caliper measured
at six inches above the ground.
(4)
Distance limitations. No tree shall be planted in a lawn park or
public right-of-way within 15 feet of a street corner, alley, street
light, traffic sign or traffic signal or within 30 feet of another
tree located in the lawn park or public right-of-way. No more than
one tree shall be planted in a lawn park or public right-of-way abutting
a lot having a frontage at the street of less than 75 feet, unless
specifically approved by the City Forester.
(5)
Required pruning. Trees planted within any lawn park or public right-of-way
shall be trimmed so that any branches or foliage projecting over any
public right-of-way which is the subject of vehicular traffic provide
a clearance of not less than 12 feet from the pavement and any branches
or foliage projecting over any public right-of-way which is the subject
of pedestrian traffic provide a clearance of not less than eight feet
from the pavement or ground. This work shall typically be performed
by the City. Trees shall be pruned in such a manner as to preserve
their health and maintain a natural shape.
(6)
Visual clearance. Visual clearance, as defined in the zoning ordinance,
shall be maintained.
(7)
Tree removal. The City Forester shall submit to the Director of Public
Works and the Tree Board, a list of non-emergency trees to be removed
along with a brief description of the location, species, and need/cause
for removal. This list shall be compiled when necessary. Trees which
are cut down shall be removed with the root stump grubbed or ground
out to a depth at least nine inches below grade. Surface roots beyond
the main stump are to be removed to a depth at least five inches below
grade. All wood and debris shall be removed from the site and no wood
or debris shall be permitted to remain on the street or sidewalk when
work on any day is concluded. Holes must be safeguarded by a barricade
if not immediately filled. The City will fill holes as soon as practical,
with organic fill and dressed with top soil and grass seeded. The
site shall be barricaded to protect the public at any time work is
in progress. A permit may be issued to an abutting property owner
to remove a lawn park/terrace tree, upon approval by the City Forester
and the Tree Board, or the Director of Public Works in concurrence
with the Park Board. The reason shall be included in the permit application.
The permit shall be conditioned upon proof of liability insurance
covering death, personal injury, and property loss or damage in the
amount of $250,000. Trees shall be removed without damage to the neighboring
trees, asphalt, or curb and gutter. Property owners who removed terrace
trees without a permit may be subject to fines including replacement
costs. Private removals shall abide by the same rules listed in this
subsection.
(8)
Sidewalks. Sidewalks, paving and other surfaces impervious to water
shall not be constructed within two feet of the base of any tree without
approval of the City Forester. It is the property owner's responsibility
to maintain sidewalks adjacent to trees.
(9)
Roots. Roots greater than two inches in diameter shall not be severed
without the permission of the City Forester. When removed from "live"
trees, all roots shall be cut cleanly. The City may grind roots interfering
with sidewalk replacement upon seven days' advanced notice. The critical
root zone, defined as 12 times the tree diameter at breast height
(DBH), shall also be protected from activity which could result in
damage. This includes heavy vehicle and construction equipment traffic.
Protection may include placement of 12 inches of mulch or other measures
as required by the City Forester.
(10)
Boring. Boring shall be done under a tree only when necessary, and
at a minimum depth of 30 inches below grade to avoid the roots of
trees. Refer to the City construction manual for additional information.
(11)
Sidewalk excavation. Sidewalk excavation shall be allowed to a maximum
depth of six inches.
(12)
Curb excavation. Curb excavation shall be allowed to a maximum depth
of 18 inches.
(13)
Notice of planting and removal. Whenever the City Forester proposes
the planting or removal (except emergency removals) of any tree, two
weeks' advance written notice shall be given by way of door hanger
flyer with address, tree identification of the planted/removed tree,
and the reason for the removal. White paint marks on the tree to be
removed or on the ground where the tree is proposed to be planted
will also be used. The notice shall include a phone number and email
address for the City Forester. Questions concerning the work must
be submitted to the City Forester within two weeks of the date the
notice served. After reviewing any questions submitted, the City Forester
may modify the planting plan or forward objections of removals to
the Tree Board or Director of Public Works for final review. No prior
notices by the City Forester are required for the trimming of living
trees or for the emergency removal of dead or dangerous trees. The
absence of a timely notice shall not render any work performed invalid.
(14)
Sanitary sewers clogged with tree roots. Abutting property owners
shall be responsible for cleaning and repairing sanitary sewer laterals
which are clogged with the roots from lawn park trees. The abutting
property owner, when performing any work within the dripline of a
healthy tree, shall take such measures as directed by the city forester
to protect trees from injury and damage, up to and including tunneling.
Cost for removal of any tree to accommodate a sanitary sewer repair
shall be the property owner's responsibility.
[Ord. No. 97-7, § 34.06, 5-27-1997; Ord. No. 08-05, § 1, 4-28-2008]
(a)
Notice to abate public nuisance. Whenever the city forester shall find that any tree or part thereof growing or located upon private property, defined as a private tree, is a public nuisance, defined as any tree or part thereof which by reason of its condition interferes with the use of any public area including as defined in subsection 82-63(5) for public trees; or which is infected with a plant disease, or which is infested with injurious insects or pests which threaten public or private property, particularly Dutch Elm Disease, Oak Wilt Disease, and Emerald Ash Borer infestation, or which endangers the public health, safety and welfare, he shall notify the owner thereof, in writing, that the nuisance must be abated as directed in the notice the time specified, which time shall not be less than 30 days, unless the city forester shall determine that immediate action is necessary to preserve the public health, safety and welfare, in which event a lesser period of time for abatement shall be provided.
(b)
Service of notice. Notice shall be served on the owner of record
of the lot identifying those conditions which constitute a public
nuisance and demanding abatement by a time certain in the manner and
to the extent prescribed by the notice. Service shall be by personal
service or by certified mail-return receipt. If the owner cannot be
served or if there is no certified mail-return receipt, the order
may be served by posting it on the main entrance of the building or
structure, if any, or where no building or structure is present, by
posting a sign on each side of the lot, and by publishing as a class
1 notice under W.S.A., ch. 985.
(c)
Failure to abate. If the owner fails to remedy or improve the public
nuisance described in the written notice, then the city forester shall,
after the expiration of the period specified in the written notice,
cause the nuisance to be abated.
(d)
Abatement by city. The abatement may be performed by city personnel or by a contractual agreement with others entered into by the city and cost charged to the owner as described under section 82-68.
(e)
Hearing. The owner, upon written request to the city forester, served
and postmarked during the notice period, shall be granted a hearing
before the city forester. Where possible, the hearing should be within
10 days following the request therefor. The hearing shall give the
owner the opportunity to contest the existence of facts sufficient
to form the basis for the finding of a public nuisance as described
in this section. Following the hearing, a written statement of the
findings of the city forester shall be sent by regular mail to the
owner at the address given by the owner at the hearing. The city forester
may, for good cause, extend the period of time for abatement of the
nuisance.
(f)
Appeal. The written order of the city forester, where a hearing has
been held, may be appealed to the park board upon written request
to the city forester, served or postmarked within 10 days of the date
of the written order. Where possible, the appeal should be heard at
the next scheduled meeting of the board, provided that the request
for review is received by the city forester at least seven days prior
to the next scheduled meeting of the board.
(g)
Special assessment. Following abatement of the public nuisance, the
city forester shall bill the owner for the cost of abatement. If such
bill is not paid within 30 days, the bill shall be processed as a
special assessment against the property.
(h)
Emergency procedure. The notice procedure specified in subsection (b) of this section does not apply when circumstances arise which require immediate action to protect the public from imminent harms, such as sickness, disease or personal injury. In determining imminent harm, there must be a balancing of the rights of the landowner to notice and appeal procedures with the right of the public to be protected from a risk of harm which could be avoided by prompt action. However, where possible, the landowner should be given a minimum of 24 hours' written or oral notice prior to city abatement action. This article shall otherwise apply, except for the notice and appeal procedures, which shall be as stated in this section.
[Ord. No. 97-7, § 34.09, 5-27-1997]
No person, upon public property, shall:
(1)
Injure, destroy, damage, mutilate, top, deface or commit any act
which will prevent the growth or cause the death of any tree.
(2)
Secure, attach, fasten, nail or run through any rope, cable, wire,
sign or fixture to, around or through any tree.
(3)
Deposit, place or permit the deposit of any toxic or hazardous substance
on or about any tree. This includes construction-related activity
which could adversely impact upon public trees, either chemical in
nature or placement of poles of excavated material, topsoil, etc.,
within the critical root zone.
[Ord. No. 97-7, § 34.11, 5-27-1997]
Until the provisions of this article, including the conditions
on any permits issued pursuant to this article, have been fully met,
the city shall withhold issuance of any conditional use permit, building
permit, certificate of occupancy or inspection required under the
current city building code or issue stop-work orders for any land
development or activity involving tree removal.
[Ord. No. 97-7, § 34.12, 5-27-1997]
(a)
Any city department which observes a violation of this article shall
bring the violations to the attention of the city forester.
[Ord. No. 97-7, § 34.13, 5-27-1997]
(a)
Pursuant to W.S.A., § 27.09(5), the entire or any part
of the costs of forestry for trees and shrubs in front of each lot
or parcel of land abutting may be chargeable to and assessed upon
such lots or parcels of land.
(b)
Prior to assessment, a public hearing shall be held on the proposed
assessment and notice given by publication of a class 2 notice under
W.S.A., ch. 985.
