The Park, Recreation and Forestry Commission shall have exclusive
jurisdiction, authority, control, supervision and direction over all
trees, shrubs or other growth planted or growing upon any public thoroughfare
or public place in the City and the maintenance, care or removal thereof.
As used in this chapter, the following terms shall have the
meanings indicated:
PUBLIC PROPERTY
Any lands owned by the City and used by the public, including
parks, playgrounds, parking lots and any and all other public lands,
as well as streets and their adjacent rights-of-way.
TERRACE
That portion of the street right-of-way lying between the
sidewalk and back of the curb. Where no sidewalk and/or curbing exists,
the terrace shall be determined by a field inspection conducted by
the City Forester or his representative.
TREE
Any tree of a species that has the genetic trait to develop
a trunk diameter or caliper of one inch or greater at a height of
four feet above the surface of the ground.
TREE TOPPING
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 and disfigure the tree.
A person who receives an order from the City Forester and objects to all or a part thereof may, within 30 days of the date of the mailing of the order to such person, notify the City Park, Recreation and Forestry Commission and the City Forester, in writing, of the nature of the objection and of a request for a hearing thereon. The written order under §
484-3C(3) above shall be deemed the initial determination and the municipal authority charged with conducting the review, pursuant to §
10-8B of this Code, shall be the Watertown Park, Recreation and Forestry Commission. The Commission shall proceed to conduct a hearing on the appellant's objection, pursuant to § §
10-9 and
10-10 of this Code. The City Forester shall be present at such hearing. The appellant may be represented by counsel. The Commission may affirm, cancel or modify the order of the City Forester, in its discretion, to best conform such order to the intent of this chapter.
No person, firm or organization shall plant or allow to grow
any tree or shrub or other growth in or upon any boulevard, median
strip, terrace or public property without permission of the City Forester
and in conformance with the following regulations:
A. No tree or shrub shall be planted in the terrace at an intersection of two streets nearer than 25 feet to either corner measured on the property line, in compliance with the Watertown Zoning Code setback requirements in Chapter
550 of this Code.
B. No tree or shrub shall be planted in the terrace nearer than 35 feet
to the next nearest tree, except as approved by the City Forester.
C. No tree or shrub shall be planted in the terrace where the clear
terrace space is less than 4 1/2 feet or as may be otherwise
provided by City Forester.
D. No tree or shrub shall be planted nearer to the back of curb than
1/2 of the clear space of the terrace.
E. No tree or shrub shall be planted in the terrace nearer than 10 feet
to a water stop box, waterline or sewer line.
F. No softwood tree or any tree that is not hardy for the Watertown
area, as determined by the City Forester, shall be planted in any
street terrace.
G. No tree or shrub shall be planted in the terrace near an ornamental
streetlight when the foliage of the tree will obstruct the streetlight
illumination pattern.
H. No trees or shrubs other than those species listed as small trees
in the City's Approved Species List may be planted under or adjacent to any overhead utility
wires where such tree or shrub will be likely to interfere with such
overhead utility wires.
I. No person, firm or organization shall plant or set out a tree or
shrub in or upon any boulevard, terrace or public property unless
the tree or shrub is a species listed in the City's Approved Species
List or a species approved by the City Forester.
J. All trees and shrubs planted in boulevards, median strips, terraces
and on other public property in the City shall be planted according
to tree/shrub planting standards developed by the Park, Recreation
and Forestry Commission and made available to the general public by
the City Forester.
Any person who shall violate any provision of this chapter or any order, rule or regulation made by the Park, Recreation and Forestry Commission or the City Forester hereunder shall be subject to the penalties provided herein or those penalties set forth in §
1-4 of this Code.