[HISTORY: Adopted by the City Council of the City of Augusta 10-20-1986 by Ord. No. 446 (Ch. 6.5, Art. VIII, of the 1990 Code). Amendments noted where applicable.]
[Amended 4-1-1996 by Ord.
No. 391]
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The person owning real estate in question as shown by the
current Tax Maps on file in the office of the City Assessor or the
records at the Kennebec County Registry of Deeds.
All streets, tree lawns and grounds owned or controlled by
the City.
All trees growing or partially growing in any public area.
The entire width of every public way and every right-of-way
in which the general public has a right of use.
Any woody plant having one or more erect stems, including
shrubs and woody vines, of any size if planted or set out under the
authority of this chapter, but otherwise only those trees which exceed
eight feet in height.
That part of any street lying between the line of abutting
private property and that portion of the street improved for the use
of vehicular traffic, except that area which may be covered by a sidewalk
or other paving.
The Director of Parks and Recreation or his/her designee.
The Tree Warden need not be a resident of the City, but shall have
training or demonstrated experience in the arts and sciences of municipal
arboriculture, ornamental or landscape horticulture, urban forestry
or other closely related fields. In the absence of the Tree Warden,
or during any vacancy in the position, his/her functions shall be
carried out by a qualified party appointed by the Manager.
The provisions of this chapter shall not apply to any governmental
subdivision or any public utility, their agents, subcontractors and
employees while acting on their behalf, including but not limited
to the Augusta Sanitary District, Augusta Water District, Central
Maine Power Company, New England Telephone Company and State Cable
TV, their successors and assigns.
The Tree Warden shall administer this chapter and in doing so
shall:
A.
Regulate the planting, maintenance and removal of public trees in
order to ensure the safety of the public and preserve the aesthetics
of public areas.
B.
Have the authority, subject to approval by the City Council, to promulgate
the rules and regulations of the International Arborist Society's
Arboricultural Specifications and Standards of Practice governing
the planting, maintenance, fertilization, pruning, bracing and removal
of trees in public areas, with such variations and revisions as he
deems advisable from time to time.
C.
Have the authority to develop, formulate, and revise a master tree
plan, subject to the approval of the City Council. The master tree
plan shall specify the species of trees to be planted on such public
areas within the City as the Tree Warden deems advisable; and after
the effective date of any portion of the master tree plan, all plantings
by the City or other persons within the public areas covered by the
plan shall conform thereto. The Tree Warden shall consider all existing
and future utility and environmental factors when designating specific
species for public areas within the plan.
D.
Undertake such planting, maintenance and removal programs for public
trees as he deems appropriate, consistent with any funding available
to him and with the master tree plan where effective.
E.
Have the authority to grant permits for the planting, maintenance
or removal of trees within the public areas of the City, to impose
reasonable conditions upon the work to be performed under any such
permit consistent with the intent of this chapter, and to supervise
and inspect work permitted and halt any work performed without a permit
where a permit is required or performed in violation of the terms
of a permit.
F.
Have the authority to have pruned or removed any trees or parts on
private property which endanger the public safety, but only after
notice to the property owner and satisfaction of the following requirements:
The Tree Warden shall attempt to obtain agreement by the property
owner to the procedures which the Tree Warden recommends, and in the
absence of such agreement the Tree Warden shall undertake such work
only upon the affirmative vote of the City Council following opportunity
for the Tree Warden and property owner to be heard before the City
Council. The cost of pruning or removal under this subsection shall
be paid or reimbursed by the property owner unless otherwise agreed.
G.
Have the authority, upon being licensed with the state, to spray
for insect (pest) control, disease control and control of poison ivy,
poison oak, etc.
H.
Coordinate any planting, maintenance or removal of trees to be done
by any departments or employees of the City.
No person shall hinder, prevent, delay, or interfere with the
Tree Warden or any of his assistants while engaged in carrying out
the execution or enforcement of this chapter; provided, however, that
nothing in this section 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 City.
The Tree Warden shall have the final say concerning the acceptance
of all trees to be placed in public areas.
No person shall plant, spray, fertilize, prune, remove or otherwise
disturb any public tree, and no person shall excavate, ditch, tunnel,
trench, lay any pavement or construct any building or structure within
a distance of 10 feet from a public tree, or within the drip line
of a public tree, whichever distance is greater, without first filing
an application and obtaining a permit from the Tree Warden for such
work; except that in emergency situations requiring immediate pruning
or removal, the work may be done so long as the Tree Warden is informed
thereof within two days. Any public tree planted without such permit
shall be in violation of this chapter and must be removed, and the
cost of such removal shall be paid or reimbursed by the person responsible
for such planting. Any permit for the removal of a public tree shall
require as a condition thereof that such tree be replaced, where possible
and appropriate, in the same general location or on abutting private
property, with a tree deemed comparable or appropriate by the Tree
Warden. Any person requesting removal will be responsible for all
expenses incurred.
Application for tree permits shall be made at the City Center,
directed to the Tree Warden, not less than 48 hours prior to the time
of the work proposed. The application shall be accompanied by such
fee as the City Council may establish from time to time. The application
shall be in such form and call for such information as the Tree Warden
may require in order to determine compliance with this chapter and
any regulations adopted pursuant to this chapter, including the following:
A.
Applications for planting trees on public property shall describe
the location proposed, the method of planting, and the number, size,
grade, species and variety of such trees.
B.
Applications for tree maintenance work on public property shall state
the number, kinds and size of the trees to be treated, the kind of
treatment proposed and the composition of any fertilizer or spray
material to be applied.
C.
Applications for the removal of any public tree shall set forth the reason for the proposed removal and the procedures to be used, and shall set forth the information required under Subsection A of this section with respect to replacement trees to be planted or the reasons why such replacement is not deemed possible or appropriate.
D.
Applications for any excavation or construction work adjacent to
a public tree shall describe the location of the public trees involved,
the nature of the work proposed, and the structures, barriers and
procedures to be used to protect such public trees during the course
of such work.
A.
The Tree
Warden shall issue the permit required by this chapter upon a finding
that the activity proposed will not endanger the public safety and
is not inconsistent with an effective master tree plan, and that any
new trees to be planted are appropriate for the climate and soil condition
of the location proposed, that any such spray material or fertilizers
proposed are lawful and appropriate, that the proposed procedures
and workmanship are adequate, and the activity proposed is consistent
with any regulations adopted pursuant to this chapter.
B.
The activity
proposed shall be carried out in compliance with any regulations adopted
in accordance with tree permit requirements, and in compliance with
any reasonable conditions imposed by the Tree Warden in order to ensure
compliance with this chapter. Any permit granted shall contain a definite
expiration date by which the proposed activity shall be completed,
provided that the Tree Warden may extend the expiration date for good
cause. Notice of completion shall be given to the Tree Warden for
his inspection of the work within five days following completion.
Unless specifically authorized by the Tree Warden, no person
shall intentionally damage, cut, carve, 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 any public tree to come in contact with
it; set fire or permit any fire to burn when such fire or the heat
thereof will injure any portion of any public tree; or deposit, place,
store or maintain upon the ground 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. Any person who shall
violate any provision of this section shall be liable, in addition
to any applicable penalty under this chapter, to pay to the City or
reimburse the City for any expense incurred in repairing any damage
caused to a public tree or the cost of replacing such damaged public
tree if such damage cannot be repaired.
The violation of any provision of this chapter shall, in addition to any civil penalties available to the City therefor, be punished as provided in Chapter 1, Article III, General Penalty, of the City Code. Each day that any violation of this chapter continues following notification thereof by the Tree Warden shall constitute a separate offense.
[Amended 5-3-1993 by Ord.
No. 75]
There is hereby created a Tree Board consisting of nine public
members who must be residents of the City of Augusta. The Tree Warden
and a member of the Conservation Commission appointed by the Conservation
Commission shall serve as ex officio nonvoting members of the Tree
Board.
A.
Membership,
terms and appointments.
(1)
A member of the Tree Board, other than the ex officio members, shall
serve a term of three years, except as provided in this subsection.
Appointments shall be made by the Mayor, with the consent of the City
Council. The nine voting members of the Tree Board shall appoint from
their membership a Chairperson to serve for a one-year term. In the
case of a vacancy, the Mayor, with the consent of the Council, shall
fill said vacancy for the remaining term of the member who created
the vacancy. All voting members of the Tree Board shall serve until
their successors are duly appointed and qualified.
(2)
The Mayor, with the consent of the Council, shall appoint the first
nine voting members appointed after the effective date of this section
to one-, two- or three-year terms so that, upon the completion of
those initial nine appointments, 1/3 of the terms of the members expire
each year.
B.
Duties.
The Tree Board shall advise the Tree Warden and City Council on matters
relating to public trees and shrubs located within the City of Augusta
and assist and advise in the development of an urban tree policy for
the City. The Tree Board shall also have the authority, subject to
City Council approval, to accept grants relating to trees and shrubs
and to sell trees and shrubs to the public.
C.
Authority
to establish rules and regulations. The Tree Board may establish rules
and regulations regarding public trees and shrubs located in the City
of Augusta and regarding its operation as a functioning board, which
rules and regulations must be approved by the City Council.
[Amended 9-12-1994 by Ord. No. 586]
The City of Augusta, the Augusta Tree Board, and other subdivisions
of the City may place trees, landscape materials and containers containing
same on or in the median strip located on Western Avenue, on Cony
Circle, or Memorial Circle, subject to the approval of the Tree Warden
and City Engineer or their designees.
[Added 1-22-2008 by Ord.
No. 008]
A.
The City's Arborist may recommend a planting on private property
with the written approval of the property owner which serves the greater
good of the City's tree planting program. Additionally, a property
owner may request a tree planting on his or her property. However,
the City's Arborist must evaluate the appropriateness of that
request.
B.
Trees planted on private property will be canopy trees. Canopy trees
are defined as a species of tree which normally reaches a height of
30 feet or more and achieves a crown spread of 20 feet or more at
maturity.
(1)
There may be mitigating circumstances such as power lines and too-narrow
rights-of-way that preclude a canopy tree from being planted.
(2)
In light of such a special situation, the Director of Parks, Cemeteries,
and Trees, in consultation with the City's Arborist, authorization
for a species that is not a canopy tree but yet serves the greater
good of the neighborhood and overall community may be given.
(3)
Canopy trees will be planted where there are no appropriate or suitable
public areas in which to accomplish the goal of "canopy protection"
as determined by the City's Arborist.
C.
All deciduous trees to be planted will have minimum caliper size
of 2.5 inches to three inches. Evergreens will have a minimum height
of five feet to six feet.
D.
The term "private property owner" is defined as private individuals
or business concerns who or which own the property either as a private
individual or a place of business.
E.
Tree quantity limitations state that no single private property will
have more than two trees planted per this specific program. However,
should the City Arborist determine that an exception is in the best
interest of the neighborhood, additional appropriate plantings may
be authorized.
(1)
The Director of Parks, Cemeteries, and Trees, in consultation with
the City Arborist, will make the final determination in regards to
appropriateness.
(2)
The Director of Parks, Cemeteries, and Trees, in consultation with
the City Arborist, will also determine whether or not this type of
request actually helps ensure the neighborhood's tree canopy
vitality.
(3)
The request may be denied if it is determined that there is more
than adequate canopy protection in the immediate area.
F.
All trees planted on private property will be placed in a location
visible from the street and mutually agreed upon by the City Arborist
and the property owner.
G.
The property owner will sign a contract for the tree planting.
(1)
By signing the contract, the owner assumes legal and liability responsibilities
for ownership of the tree.
(2)
By signing the contract, the owner accepts responsibility for the
tree's maintenance and upkeep. A fact sheet providing information
on proper tree maintenance will be given to the property owner by
the City Arborist.
(3)
If the owner notice any problems with the tree within the first two
years, the owner is to contact the City's arborist for the purpose
of evaluating the tree to determine if there is a problem.
(4)
Failure of the owner to properly take care of and maintain the tree
may result in the City being reimbursed for all costs associated with
the tree planting.
H.
The City will plant the tree for the property owner at a time that
meets the requirement of the tree's species and the City Arborist's
schedule.
I.
The State of Maine offers a Tree Steward Training Program. All applicants
for trees are urged strongly to enroll in the program, thereby helping
to ensure the survival of their tree.
(1)
The Director of Parks, Cemeteries, and Trees, in consultation with
the City Arborist, will periodically evaluate the tree to ascertain
its proper maintenance. Should the tree fail to meet the standards
of proper maintenance, the Director of Parks, Cemeteries, and Trees,
in consultation with the City Arborist, will point out deficiencies
to the owner.
(2)
Should the tree fail within the first two growing seasons, and the
City Arborist determines the owner not to be at fault, the City will
replace the tree at no cost to the owner. Replanting will follow the
same criteria as for the original tree.
(3)
After this warranty period of two growing seasons, any issues with
the tree become the sole responsibility of the property owner.
