[HISTORY: Adopted by the Common Council of the City of Lancaster 8-15-2005 by Ord. No.
2005-06 as § 8.10 of the 2005 Code. Amendments
noted where applicable.]
If the Director of Public Works, or his designee, shall find,
on examination, any private or public premises infested with injurious
insects or plant disease, or if any tree, shrub or plant upon private
premises shall endanger the public or shall be injurious to sewers
or other public improvements, he shall notify the owner or person
having charge of such premises to that effect, and such person shall,
within five days after such notice, cause the removal and destruction
of the tree, shrub or plant if incapable of successful treatment or
trimming. Otherwise, such owner or person in charge shall cause the
tree to be treated or trimmed as directed in the notice. No damages
shall be awarded to the owner for the destruction of trees under this
section.
A.
Work permit. Except upon order of the Director of Public Works, or
his designee, no person shall, without a written permit from the Director
of Public Works, or his designee, remove, destroy, cut, break, climb
or injure any tree, plant or shrub or portion thereof that is planted
or growing in or upon any public highway or place, or remove any device
set for the protection of any tree, plant or shrub in or upon any
public highway or place. Any person desiring to remove, destroy, cut,
prune, treat, with a view to its preservation from disease or insects,
or to trim any tree, plant or shrub in or upon any public highway
or place shall make application to the Director of Public Works, or
his designee. Such application must state the number and kind of trees
to be trimmed, removed or treated and the kind and condition of nearest
trees upon the adjoining property. If in the judgment of the Director
of Public Works, or his designee, the desired removing, cutting, pruning,
treatment or trimming appears necessary and the proposed method and
workmanship thereof is such as the Director of Public Works, or his
designee, approves, he shall thereupon issue a written permit for
such work. Any work done under such written permit must be done under
the supervision and direction of the City.
B.
Planting permit. With the exception of property owners planting trees,
shrubbery, or other plantings on their own residential premises, no
person shall plant or set out any tree in or upon any part of any
public highway or place without first obtaining from the Director
of Public Works, or his designee, a written permit to do so and without
complying in all respects with the conditions set forth in such written
permit and the provisions of this chapter. All applications shall
describe the work to be done and the variety, size and precise location
of each tree. After the receipt of such an application the Director
of Public Works, or his designee, shall investigate the locality to
determine if such location will permit the normal growth and development
of each tree. Such permit shall specify the location, variety and
planting, including among other things, grade of each tree and the
method of supplying suitable soil. The permit shall be good only for
the season stated in the permit issued and no charge shall be made
for the same. The applications shall contain the following information:
(1)
The variety of each and every tree proposed to be planted and of
those already existing within the proposed street lines.
(2)
The distance between trees in any one row in feet.
(3)
The nature of the soil in the planting space, to a depth of three
feet, and all existing and proposed surface or subsoil drainage systems.
Trees standing in or upon any public highway or place shall,
under the supervision of the Director of Public Works, or his designee,
be kept trimmed by the City.
The City of Lancaster has adopted Urban Forestry Specifications
regarding the planting, trimming and care of trees in and upon the
public highways and places of the City. These specifications are as
follows:
A.
General specifications.
(1)
These specifications are to serve as a standard for planting and
maintenance of all public trees. They will apply whether work is performed
by City forces, private contractors or private individuals.
(2)
A free permit must be obtained from the City before any person, either
for himself or another, plants, prunes, removes, or destroys any tree,
shrub, or hedge in or upon the public right-of-way of any street,
alley, sidewalk, or other public place.
(3)
It shall be unlawful for any person to engage in the business of planting, cutting, trimming, pruning, removing, spraying or otherwise treating trees, shrubs or vines within the City right-of-way without first obtaining a permit from the City (permit required by § 386-2B). Any public utility company must notify the City before any trees are trimmed and must follow accepted arboricultural trimming standards.
(4)
Authorized work on or with public trees or shrubs neither expresses
nor implies a right to violate any law of the land while in process
of performing such work.
(5)
All such work shall be conducted in a manner as to cause the least
possible interference with or annoyance to others.
(6)
All personnel utilized for work on or with trees or shrubs shall
be trained to perform the work properly and safely.
(7)
Whenever electric or telephone lines, gas lines, water/sewer lines
or other improvements, public or private, upon a public area will
be implicated or jeopardized by any authorized tree or shrub activity,
the proper authorities of the utilities involved or property owner
involved shall be consulted prior to performing any work activity
and all requested precautions by any such authority shall be complied
with.
B.
Planting and maintenance schedules.
(1)
PARK TREES
STREET TREES
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Trees in public parks, golf courses, cemeteries, and all
other areas owned by the City, or any area to which the public has
free access as a park.
Trees on public right-of-way between the curb and property
line along the side of streets or ways within the City.
(2)
Areas of responsibility.
(a)
Street trees. Street trees are the responsibility of the City
for planting and management. All existing street trees are managed
by the City.
(b)
Park trees. Park trees are the responsibility of the City for
planting and management. This includes trees in parks, golf courses,
cemeteries, and all other areas owned by the City.
(3)
Planting standards.
(a)
Public projects, i.e., parks, streets, medians, substations,
treatment plants and public buildings, shall provide for street and
park tree planting as a part of the development process. If private
projects include street trees in their plans, they shall adhere to
the design objectives and spacing requirements of this chapter.
(b)
Existing public properties shall receive new infill planting
on an ongoing basis. All removed public trees shall be replaced with
one or more new trees if the location meets planting criteria.
(e)
No single species shall make up more than 15% of the total City
tree population. This is to prevent uniform disease susceptibility.
(4)
Maintenance standards.
(a)
All public deciduous trees on improved properties shall be pruned
on a rotational basis of not more than 10 years.
(b)
Public trees shall be managed in such a manner as to promote
their general health by providing the necessary practices which may
include insect and disease control, fertilization, irrigation, staking,
guying, wrapping, cabling, bracing and pruning.
(c)
Trees shall be maintained in such a manner as not to endanger,
interfere, or otherwise conflict with requirements of safe public
use of an area.
(d)
Any public tree or shrub which because of habit of growth, age,
condition or disease becomes a hazard to public safety or obstructs
a clear view of streets, signs, signals or intersections, thus creating
a hazard, shall be maintained to correct the problem. Hanging limb
and branch growth shall be maintained 14 feet above streets and eight
feet above sidewalks.
(e)
Every owner of any tree or shrub overhanging any street or right-of-way
within the City shall prune the branches so that such branches shall
not interfere with the safe use of the street or sidewalk or obstruct
the view of any street intersection. The City shall have the right
to prune any tree or shrub on private property when it interferes
with the safe use of the street or sidewalk or when it interferes
with the visibility of any traffic control device or sign.
(f)
Any tree which because of an epidemic disease or insect infestation
poses a threat to other trees or plants in the community shall be
treated so as to control the spread of the problem organism.
(5)
Street tree spacing and location requirements.
(a)
At the intersection of roadways or vehicular access points,
no plant material with a mature height greater than 30 inches shall
be planted within a sight triangle measuring 30 feet along the boundary
of each of the intersecting roadways, measured from the point of intersecting
curblines, except where engineering standards indicate otherwise.
(b)
No tree planting is permitted where the distance between a curb
and a detached sidewalk is less than four feet. In addition, a planting
area defined by two curbs, curb and fence, or sidewalk and fence must
be four feet wide if street trees are to be planted.
(c)
Trees must be centered in the planting strip when the distance
between the curb and detached sidewalk is eight feet or less.
(d)
Where the sidewalk is attached to the curb as a continuous element,
the street tree planting must be at least three feet in back of the
walk and no more than seven feet. The tree must be located on the
public right-of-way.
(e)
No street tree planting is to be made closer to the street than
30 inches back from the backside of the curb.
(f)
Larger maturing trees should be spaced 35 feet apart and smaller
maturing trees 20 feet apart. The City may require wider spacings
if it is necessary for development of the tree or for safe use of
the street or sidewalk. When space is limited or to achieve certain
design effect, closer spacings may be considered.
(g)
No tree shall be planted closer than five feet to any driveway
or alley nor shall a tree or shrub be planted in such a manner that
its eventual growth cannot be reasonably controlled so as to avert
interference with or obstruction to any improvements installed for
public benefit.
(h)
Tree plantings made in a sidewalk must have a minimum of 16
square feet cutout area. The tree must be set back from the street
a minimum of 30 inches from the back of the curb.
(i)
No tree planting is to be made within five feet of any building
or structure.
(j)
No street trees other than those low-growing species that do
not attain a mature height greater than 20 feet shall be planted under
or within 10 feet of any overhead power line exclusive of streetlight
or service lines.
(6)
Tree removal criteria. It is the objective of the City to provide
a tree planting program on City property that ensures the future existence
of the City's tree resources by the planting of as many or more
trees than must be removed due to infection, death, hazardous condition,
nuisance or construction occurring in the area. In addition a set
of tree removal criteria is used to prevent indiscriminate removal.
City trees may be removed only when one or more of the following criteria
is met:
(a)
The tree is infected with an epidemic insect or disease where
the recommended control is not applicable and removal is the recommended
practice to prevent transmission.
(b)
The tree poses a public nuisance because of its species, size,
location or condition. The nuisance could be caused by fruit or seed
drop, harboring of insects or excessive twig or limb breakage.
(c)
The tree poses a severe safety hazard that cannot be corrected
by pruning, transplanting or other treatments.
(d)
The tree severely interferes with the growth and development
of a more desirable tree.
(e)
The aesthetic values of the tree are so low or negative that
the site is visually enhanced by the tree's removal.
Any wood on City property which is designated by the Director
of Public Works, or his designee, to be cut and removed shall be so
cut by the City or its agent and removed by the City or its agent
to an appropriate location where it shall be sold to the highest bidder,
except that such wood on a tree lawn abutting private property may
be given to the abutting property owner free of cost. The Director
of Public Works, or his designee, shall have the option to designate
wood to be sold to the highest bidder to be cut and removed by such
successful bidder rather than by the City or its agent.
Any person who shall violate any provision of this chapter or any rules and regulations adopted hereunder shall be subject to a penalty as provided in § 1-4 of this Municipal Code. Each violation and each day on which a violation occurs or continues shall constitute a separate offense. This section shall not preclude the City from maintaining any appropriate action to prevent or remove a violation of this chapter.
It shall be the duty of the property owner abutting streets
and easements of the City to notify the City of accidental damage
or attacks of disease or abuse of trees that may occur from time to
time.
