[HISTORY: Adopted by the City Council of the City of Oil
City 9-27-2010 by Ord. No. 2782. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Shade Tree
Ordinance of the City of Oil City."
A.
Word usage. When not inconsistent with the context, words used in
the present tense include the future, words in the plural number include
the singular number, and words in the singular number include the
plural number. The word "shall" is always mandatory and not merely
directory.
B.
DIAMETER AT BREAST HEIGHT (DBH)
DRIPLINE
FORESTRY
HAZARD (FALL) ZONE OF A TREE
HAZARD TREE
LANDMARK TREE
(1)
(a)
(b)
(c)
(d)
(2)
LARGE TREES
MEDIUM TREES
MEMORIAL TREE
PARKS
PERSON
PROPERTY LINE
PROPERTY OWNER
PUBLIC SITE
PUBLIC TREES
REMOVE or REMOVAL
SMALL TREES
STREETS
TREE or SHADE TREE
(1)
(2)
(3)
TREE LAWN
As used within this chapter, the following terms shall have the meanings
as set forth below:
A tree's diameter in inches measured by a diameter tape
at 4 1/2 feet from the surface of the ground. On trees having
multiple stems, the largest diameter stem will be measured.
The approximately circular vertical extension to the ground
of the outermost branches and/or leaves of the tree as an indication
of the spread of the root system.
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development.
The area inside a circle whose radius is equal to the height
of the tree, the center being the trunk.
A tree with structural defects likely to cause failure of
all or part of the tree which could fall within a public right-of-way.
The Shade Tree Committee shall determine whether a tree qualifies
as a "landmark tree." A tree may qualify as a landmark tree if it
meets one or more of the following criteria:[1]
The species is rare.
The tree is more than 100 years of age.
The tree is of extraordinary height or has an extraordinary
trunk diameter for a tree species or has extraordinary foliage; a
unique tree for its species.
The location; the historical significance, shade value, fragrance,
erosion control, aesthetic features or scenic enhancement of such
a tree is of special importance to the City.
All City trees that are designated as "landmark trees" shall
be shown on the official Landmark Tree Register managed and maintained
by the Shade Tree Committee, with a duplicate copy on file with the
Public Works Department, the Planning Commission and the public library,
and shall be reviewed yearly.
Designated as those attaining a height at maturity of 45
feet or more.
Designated as those attaining a height at maturity of 30
feet to 45 feet.
A tree planted in the name of a resident of the City who
has died, including those who died while in the military service of
the United States or in consequence thereof. Such trees shall bear
some permanent indication of their purpose.
Includes any City public spaces designated recreation, conservation,
forestry and/or riparian areas.
Every natural person, firm, partnership, association or corporation.
The legal boundary line between private and City owned land.
That person owning such property as recorded by the Venango
County Recorder's office.
Includes any other grounds owned by the City.
Includes all trees now or hereafter growing on any street,
park or any other public or City owned site, including but not limited
to memorial trees and municipal forestlands.
The removal of all aboveground parts, including the stump
and visible roots, so that the parts shall not project above the surface
of the soil line measured at one inch below the ground.
Designated as those attaining a height at maturity of under
30 feet.
Includes all the public streets, avenues, lanes, routes,
alleys, highways or other public ways and shall mean the entire width
of every public way or right-of-way when any part thereof is open
to the use of the public, as a matter of right, for purposes of vehicular
and pedestrian traffic, including the areas between the sidewalks
and the curb on any of the streets and/or legal street right-of-ways
and City-owned property.
A tree in or on a City street, City-owned property or forestry
lands, as that term is defined herein:
Any living plant with needles or scale-type leaves that has
a well-defined stem or stems with a diameter of at least six inches
at 4 1/2 feet from the surface of the ground.
Any living, self-supporting woody broadleaf plant that has a
well-defined stem or stems with a diameter of at least two inches
at 4 1/2 feet from the surface of the ground.
Any living self-supporting woody plant that has a well-defined
stem or stems which has been intentionally cultivated and established.
That part of a street right-of-way not covered by a sidewalk
or other paving, lying between the property line and that portion
of the street usually used for vehicular traffic or the public right-of-way
directly in front of said property. Owners of properties directly
behind said tree lawn or public right-of-way are responsible for all
maintenance of said tree lawn and trees contained within that space.
A.
There is hereby created and established a Shade Tree Commission for
the City of Oil City, which shall be composed of five residents of
the City of Oil City, who shall be appointed by the City Manager,
with advice and consent of City Council, and shall serve without compensation
for a term of five years. On the expiration of the term of any Commissioner,
a successor shall be appointed by the City Manager, with the advice
and consent of City Council. Vacancies in the office of Commissioner
shall be filled by the City Manager, with the advice and consent of
the City Council, for the unexpired term. Any Commissioner having
three unexcused absences within 12 consecutive months shall be considered
as having resigned.
B.
Prior to January 31 of each year, the Shade Tree Commission shall
meet and elect a member to serve as Chairman of the Commission. The
Chairman shall have the authority to call and conduct meetings of
the Commission and to receive all permit applications, correspondence,
and other materials on behalf of the Commission.
A.
Appropriation. All monies necessary to be expended for the purchase,
maintenance, planting, removal, administration and development of
forestry lands and/or trees shall be appropriated and applied as is
now done for City purposes. The needed amount shall be certified each
year by the Commission to Council in time for inclusion in the proposed
City budget. City Council may levy a special tax, not to exceed the
sum of 1/10 of one mill of assessed valuation of the property in Oil
City. The City may provide for such expenses by appropriations.
B.
Revenues. All revenues and emoluments arising from forestry lands
shall be paid into the City treasury to be used for general City purposes.
C.
Council intent. Whenever the City Council deems it expedient to acquire
any municipal lands for the purposes of municipal forest, or sell
any municipal forestlands, it shall so declare in an ordinance, wherein
shall be set forth all facts and conditions relating to the proposed
action.
Members of the Tree Commission shall serve without compensation
but shall be entitled to reimbursement for any and all necessary expenditures
in carrying out the duties of said Commission and may retain the services
of qualified professionals as may be necessary to facilitate the function
of said Commission.
A.
The Shade Tree Commission shall meet once a month and shall hold
its first meeting in the month following enactment of this chapter,
at which time it shall elect a Chairman, and thereafter shall elect
officers at its first meeting in January of each year. A majority
of members shall constitute a quorum, and any actions of the Tree
Commission may be taken by a majority of the members present once
a quorum is achieved at the meeting at which the action is taken.
A special meeting may be called by the Chairman or any two tree Commissioners.
B.
The Shade Tree Commission shall annually report in full to the City
Council at Council's first stated meeting in October of its transactions
and expenses for the last fiscal year of the City.
A.
It shall be the responsibility of the Shade Tree Commission to develop,
administer and maintain a written plan of works to be known as "The
Master Tree Plan" and shall include memorial trees and forestlands.
The master plan shall include recommendations for the planting and
removal of shade trees in the City and the purchase or sale of forestry
lands.
B.
The Shade Tree Commission shall have exclusive custody and control
of the shade trees of the City and may plant, remove, maintain and
protect shade trees on the streets and sidewalks in the City. The
Commission may require the planting and replanting of shade trees
along the street and sidewalks of the City. The kind of tree and the
alignment and locations of the trees shall be determined by the Commission
but shall not prevent necessary or reasonable use of streets, sidewalks,
abutting property or the conduct of business.
C.
The Commission may employ and pay superintendents, engineers, foresters,
tree wardens or other assistants or may contract for personal and
professional services for the proper performance of the duties devolving
upon it and may make, publish and enforce regulations for the care
and protection of the shade trees of the City.
D.
Upon the acquisition of any municipal forests or lands suitable for
such, the Council shall notify the Department of Forest and Waters,
which shall make such rules for the government and proper administration
of the same as may be necessary. The Council shall publish such rules,
declare the uses of the forest and make such provisions for its administration,
maintenance, protection and development as shall be deemed necessary
or expedient. Municipal forestlands may be used by the public as general
outing or recreation grounds, subject to the rules governing their
administration as municipal forest. The rules governing the administration
of such forestlands shall have for their main purpose the producing
of continuing City revenue by the sale of forest products. No such
regulation shall be in force until it has been approved by the Council
and until it has been published at least twice in not more than two
newspapers of the City.
E.
The Shade Tree Commission shall have the authority to designate a
shade tree permit and enforcement officer, who shall have all the
powers and perform all of the duties as the Commission may by regulation
provide.
F.
The Shade Tree Commission may consider, investigate, make findings,
report and recommend upon any special matter or question coming within
the scope of its work. The Shade Tree Commission shall study the problems
and determine the needs of the City in connection with its tree planting
program.
G.
The Shade Tree Commission shall recommend to the Public Works Director
the type and kind of trees to be planted upon such streets or parts
of streets or in parks as designated.
H.
The Shade Tree Commission shall assist the Public Works Director,
as well as the Council and citizens of the municipality, in the dissemination
of news and information regarding the selection, planting and maintenance
of trees within the community and to make such recommendations from
time to time to Council as to the desirable legislation concerning
the tree planting program and activities for the City. The Shade Tree
Commission shall work in conjunction with civic and public interest
groups devoted to tree care and preservation.
I.
The Shade Tree Commission shall convene regular and special meetings
at which the subject of trees, insofar as it relates to the City,
may be discussed by members of the Shade Tree Commission, officers
and personnel of the City and all others interested in the tree program.
J.
The Shade Tree Commission shall review plans for residential, commercial
and industrial developments in order to evaluate the number and size
of trees proposed to be removed from building sites and to make recommendations
concerning the retention of areas where trees have been proposed for
removal. Professional counsel from an arborist or landscape architect
will be obtained as needed.
K.
The Shade Tree Commission shall have the authority to investigate
and recommend conditions to the granting of a permit in accordance
with the terms of this chapter.
The Shade Tree Commission shall have the authority to formulate
a Master Tree Plan. The Master Tree Plan shall include the inventory
of existing public trees and shall specify the requirements for the
care, preservation, pruning, planting, replanting and removal or disposition
of trees in parks, along streets and on other public sites and shall
specify the species of trees to be planted in these areas. The Master
Tree Plan shall also include the placement and administering of the
memorial trees and forestlands. The Master Tree Plan shall be updated
and presented to Council annually no later than the last meeting in
April and, upon its acceptance and approval, shall constitute the
official comprehensive Master Tree Plan for the City. From and after
the effective date of the Master Tree Plan, or any amendment thereof,
all planting shall conform thereto.
A.
The Shade Tree Commission shall have the responsibility of conducting
an inventory by classifying as to location, species, size and condition
and evaluation of the existing public trees as an integral part of
the Master Tree Plan. This inventory shall be updated annually.
B.
The Shade Tree Commission shall consider all existing and proposed
buildings, utilities and environmental factors or other work for all
streets and public sites within the City when recommending the planting
of a specific species.
C.
The Shade Tree Commission shall have the authority to amend or add
to the Master Tree Plan at any time that circumstances make it advisable.
D.
The Shade Tree Commission shall have the responsibility and authority
to administer and maintain any and all public forestry lands.
The Shade Tree Commission shall develop and maintain a list
of desirable large, medium and small trees for planting in parks,
along streets and on other public sites based on mature height. Lists
of trees not suitable for planting in these areas shall also be created
by the Shade Tree Commission.
The spacing of trees planted along streets will be in accordance with the three species size classes listed in § 290-9 of the chapter. No trees may be planted closer together than the following: large trees, 50 feet; medium trees, 40 feet; and small trees, 30 feet; except in special plantings designed or approved by the Tree Commission.
The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the three species size classes listed in § 290-9 of this chapter. No trees may be planted closer to any curb, curbline or sidewalk than the following: large trees, four feet; medium trees, three feet; small trees, two feet, or as approved by the Shade Tree Commission.
No tree shall be planted closer than 35 feet from any street
corner, measured from the point or nearest intersecting curbs or curbline.
No tree shall be planted closer than 10 feet from any fire hydrant.
No public tree other than those species referred to as small trees in § 290-8 of this chapter may be planted under or within 10 lateral feet of any overhead utility wire or over or within 10 lateral feet of any underground waterline, sewer line, gasline or other utility.
A.
The City shall have the right to plant, prune, maintain and remove
all public trees, as may be necessary to insure public safety or to
preserve or enhance the symmetry and beauty of public sites. The Shade
Tree Commission may remove or cause to be removed any public tree
or part thereof which is in an unsafe condition or which by reason
of its nature is injurious to sewers, electric power lines, gaslines,
waterlines or other public improvements, or is affected with any injurious
disease, insect or fungus.
B.
This section does not prohibit the planting of a tree along streets by property owners, providing that the selection of said tree is in accordance with §§ 290-9 through 290-13 of the chapter. No property owner shall plant a tree within the right-of-way without first obtaining a permit from the City and permission from the Shade Tree Commission.
C.
The Shade Tree Commission shall use as a reference for tree care
the standards in the latest version of the ANSI "Standards for Tree
Care Maintenance Operations" for pruning guidance or use a certified
arborist. A copy of the above standard is attached to and becomes
a part of this chapter.[1]
[1]
Editor's Note: A copy of said Standards is on file in the
City's office.
A.
Whenever it is necessary to remove a public tree in connection with the paving of a sidewalk or the widening of a portion of a street or highway, the tree shall be replaced with a species listed in § 290-9 of this chapter. This City requirement will be satisfied if an equivalent number of trees are planted at the nearest appropriate location, as determined by the Shade Tree Commission.
B.
No person shall remove a public tree for the purpose of construction or any other reason without the written permission of the Shade Tree Commission and with the advisement of the time and place of the meeting at which such work is to be considered and shall be published in not more than two City newspapers published in the City once a week for two weeks immediately preceding the time of the meeting. The Enforcement Officer, with the advisement of the Tree Commission may require replacement of a removed tree as a condition to said Commission's approval. Such replacement shall be in accordance with the species listed in § 290-9 of the chapter. The person or property owner shall bear the cost of removal and replacement of all public trees removed.
It shall be unlawful as a normal practice for any person, firm
or department to top any public tree. Topping is defined as the severe
cutting back of limbs so as to remove the normal canopy and disfigure
the tree. Public 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 chapter
at the determination of the Shade Tree Commission.
It shall be the duty of any person or persons owning or occupying
real property bordering on any street upon which property there may
be trees to prune such trees in such manner that they will not obstruct
or shade the streetlights, obstruct the passage of pedestrians on
the sidewalk, obstruct the vision of traffic signs or obstruct the
view of any street intersection. Said persons shall remove all dead,
diseased or dangerous trees or broken or decayed limbs which constitute
a menace to the safety of the public. The minimum clearance of any
overhanging portion thereof shall be eight feet over sidewalks and
12 feet over all streets except truck thoroughfares, which shall have
a clearance of 16 feet.
A.
Notice to prune. Should any person or persons owning real property
bordering on any street fail to prune trees as herein above provided,
the Shade Tree Commission shall order such person or persons to so
prune such trees within 30 days after receipt of written notice.
B.
Order required. The order herein shall be served by certified mail
to the last known address of the property owner.
C.
Failure to comply. If the owner of a premises to whom an order is
directed fails to comply within the specified time prescribed, the
Shade Tree Commission shall cause the pruning of such tree either
through an available public agency or by contract or arrangement or
with a private person, and the cost of such pruning, including administration
fees, shall be charged against such real estate upon which the tree
is located and shall be a lien on such real estate. The City may also
proceed for the recovery and collection of the claim by civil action
against the owner, as such remedy is provided by general law.
The City shall have the right to cause the removal of any trees
on private property within the City when such trees constitute a hazard
to life, property or public safety.
A.
Notice to remove. Should any person or persons fail to remove trees
as herein provided, the Shade Tree Commission shall order such person
or persons to remove such trees within 30 days after receipt of written
notice.
B.
Order required. The order herein shall be served by certified mail
to the last known address of the property owner.
C.
Failure to comply. If the owner of a premises to whom an order is
directed fails to comply within the specified time prescribed, the
Shade Tree Commission shall cause the removal of such tree either
through an available public agency or by contract or arrangement or
with a private person, and the cost of such removal, including administration
fees, shall be charged against such real estate upon which the tree
is located and shall be a lien on such real estate. The City may also
proceed for the recovery and collection of the claim by civil action
against the owner, as such remedy is provided by general law.
Unless specifically authorized by the Shade Tree Commission,
no person or firm shall intentionally damage, cut, carve, whether
above or below ground, or transplant or remove any public tree, attach
any rope, wire, nails, advertising posters or other contrivance to
any public tree, allow any gaseous liquid or solid substance which
is harmful to such trees to come in contact with them or set fire
or permit any fire to burn when such fire or heat from there will
injure any portion of any public tree. No person shall pour salt water
or a chemical or chemicals upon any street or right-of-way in such
a way as to injure any tree planted or growing thereon. The City shall
not be restricted in the use of deicing materials.
No person shall deposit, place, store or maintain upon any public
place of the City any stone, brick, sand, concrete or other materials
which may impede the free passage of water, air and fertilizer to
the roots of any public tree growing therein, except by written approval
of the Shade Tree Commission.
All public trees located near any excavation or construction
of any building, structure or street work, shall be guarded with a
good substantial fence, frame or box not less than four feet high,
placed at the dripline. All laborers, building material, dirt or other
debris shall be kept outside this barrier. The Shade Tree Commission
may permit a variance in cases where the barrier would impede the
flow of traffic on a street, private street or driveway and where
the dripline overhangs a building or permanent structure.
A.
No public utility shall trim or remove trees located within the public right-of-way, parks, forestry lands or any publicly owned lands within the City of Oil City, without first providing not less than 72 hours' advance notice of said tree trimming or tree removal to the City of Oil City, and it must comply with the definition of "remove or removal" in § 290-2B.
B.
Said notice shall be accomplished by written notice to the Shade
Tree Enforcement Office or City Manager.
C.
The requirement for advance notice shall not be required in emergency
service restoration work.
D.
Any public utility failing to provide advance notice prior to trimming
or removing trees located within the public right-of-way within the
City of Oil City shall be guilty of unlawful trimming or removal of
trees and, upon being found guilty of such violation, shall be fined
$500 per tree. In addition, if any unnecessary injury, mutilation
or death of a tree is caused as a result of the failure to provide
notice as required by this section, the cost of repair or replacement
of such trees shall be ordered in addition to the fine set forth above.
In the case of officially declared emergencies, such as windstorms,
ice storms or other disasters, the requirements shall be waived so
that the requirements of this chapter would in no way hinder public
and/or private work to restore order in the City. This work shall
follow maintenance standards as outlined by the Shade Tree Commission.
No person shall move any building or other large objects that
may injure public trees or parts thereof without first obtaining the
written approval of the Shade Tree Commission. All repairs will be
made in whole.
No person shall hinder, prevent, delay or interfere with the
Shade Tree Commission or any of its agents while engaged in carrying
out the execution of enforcement of this chapter on public or private
property; provided, however, that nothing herein shall be construed
as an attempt to prohibit the pursuit of any remedy, legal or equitable,
in any court of competent jurisdiction for the protection of property
rights by the owner of any property within the municipality.
A.
Permits required for certain work.
B.
No person shall trim, spray, cut or interfere with the root system of any shade tree or remove any shade tree on any street, as hereinabove defined, without first filling out an application and procuring a permit from the Shade Tree Commission, with the exception set forth in § 290-23 relating to emergencies. No person shall plant or set out any tree on any street, as hereinabove defined, without first filing an application and procuring a permit from the Shade Tree Commission.
(1)
A license is required to prune, maintain or remove trees. Requirements
for a license shall be as follows:
(a)
The license fee shall be the cost of a business license fee,
annually and in advance.
(b)
Before any license shall be issued, each applicant shall first
file evidence verifying:
[1]
Coverage by workers' compensation.
[2]
Liability insurance coverage in the minimum amount of $1,000,000
bodily injury and damage to property to cover and save harmless the
City and its agents from all suits, claims or actions of every class
and nature for or on persons or property damage caused or claimed
to be caused, directly or indirectly, by the conduct of the work contemplated,
or by acts of strangers, or any conditions due to the elements or
any defects or insufficiencies in any method, materials, ways, machinery,
equipment or apparatus used in connection with the work.
[3]
Any work to be performed on a landmark tree shall be under the
supervision of a certified arborist, certified by the International
Society of Arboriculture.
(2)
A permit issued by the City shall be required of any private property
owner maintaining, planting, pruning, spraying, interfere with root
systems, or removing any public or private tree whose hazard (fall)
zone falls upon public land. The requirements for said permit shall
be as follows:
(a)
The permit fee shall be $10 paid in advance.
(b)
Before the permit is issued, each private property owner shall
first file evidence verifying homeowner's insurance coverage
for bodily injury or damage to property to cover and save harmless
the City and its agents from all suits, claims or actions of every
class and nature for or on persons or property damage caused or claimed
to be caused, directly or indirectly, by the maintenance or removal
of said tree.
C.
All licensed persons and or companies shall perform work according
to the National Arborist Association standards and accepted arboricultural
practices.
D.
All licensed persons and/or companies shall operate under the guidelines
specified in the latest version of ANSI. A copy of the above standard
is attached to and becomes a part of this chapter.
The Tree Commission may act as trustee for any property, assets
or funds donated to the municipality for the care and maintenance
of public trees, provided the donor designates or provides for the
designation of the Commission as such trustee. In such an event, the
Commission shall have all those powers and duties necessary to carry
out the purpose of the trust.
A.
A rotary trust fund account, within the various funds of the City,
known as the "Shade Tree Commission Fund Account"; a separate account
known as the "memorial tree fund account," is hereby established which
is to be utilized for the receipt of license and permit fees, bond
monies generally, grant monies, damages, penalties and donation. Disbursement
shall be solely for the purpose of encouraging the planting, maintenance,
removal, relocation and memorial tree permanent plaque of public trees
within the municipality under the jurisdiction of the Shade Tree Commission.
B.
The Clerk-Treasurer of the City is authorized and directed to receive
such monies at intermittent intervals, to segregate them into the
trust fund account for the purpose herein mentioned, and thereafter
to periodically disburse any funds that shall be appropriated to provide
for the planting, maintenance and relocation of public trees within
the municipality under the jurisdiction of the Tree Commission.
Council shall have the right to review the conduct, acts and
decisions of the Shade Tree Commission.
A.
Any adjustment of the standards required by this chapter or an appeal
of a decision of the Enforcement Office shall be taken within 30 days
of the receipt of the appeal to the Shade Tree Commission for review,
who may affirm, reverse or modify its decision or Enforcement Officer
decision. Any further appeal of the adjustments to the standards shall
be taken within 10 days to City Council. City Council, upon receipt
of a written request, shall have the authority and duty to consider
and act upon the request. The request shall clearly and in detail
state what adjustments or requirements are being sought, reasons such
adjustments or requirements are being sought, reasons such adjustments
are warranted and shall be accompanied with such supplementary data
as is deemed necessary to substantiate the adjustments. City Council
may approve, modify or deny the requested adjustments, based upon
the protection of public interest, preservation of the intent of this
chapter and possible unreasonable hardships involved in the case.
B.
Council shall act on the application as expeditiously as possible
and shall notify the applicant in writing of the action taken within
10 days of the decision.
Any person or firm violating any provision of this chapter or
who fails to comply with any notice issued pursuant to the provisions
of this chapter, upon being found guilty of violation, shall be subject
to a fine not to exceed $500 for each separate offense plus the cost
of prosecution or by imprisonment for a term not exceeding 90 days,
or both such fine and imprisonment, if as the result of the violation
of any provision of this chapter the injury, mutilation or death of
a tree is caused; the cost of repair or replacement of such trees
shall be borne by the party in violation. The replacement value of
trees shall be determined in accordance with the latest revision of
"Valuation of Landscape Trees, Shrubs and Other Plants" as published
by the International Society of Arboriculture. All penalties or assessments
imposed under this chapter shall be placed to the credit (into the
funds) of the Shade Tree Commission for the purposes authorized in
this chapter.
