[Ord. 13-1990, 91 § 1, passed 4-9-1990]
(a)
The purpose of this article is to beautify and enhance the City's
environment, preserve the benefits derived from trees, maintain plant
and tree diversity, to maintain visual screening and to lessen air
pollution, to promote clean air quality by increasing dust filtration,
to reduce noise, heat and glare, and to emphasize the importance of
trees as a visual buffer which serve to break the monotony of urbanized
development of land, all of which aid in protecting the health and
general welfare of the community.
(b)
This article is intended to establish the minimum standards for tree
plantings in relation to land development and land use in the City
to accomplish the goals set forth above. It is not intended to be
punitive or to cause hardship to any individual, private firm or public
agency who uses every care and diligence to protect trees within the
City.
[Ord. 13-1990, 91 § 1, passed 4-9-1990]
(a)
A Shade Tree Plan shall be required for multi-family, commercial,
office, institutional, recreation or industrial developments, redevelopments,
additions or changes in use which require a zoning permit or subdivision
approval, and involve a total impervious land area in excess of 5,000
square feet.
(b)
Exempt activities include single family residential uses, alterations
to or installation of signs, billboards, fences, carports and private
garages, and alterations or construction to the interior of an existing
structure that do not involve a change or expansion of the existing
use.
[Ord. 13-1990, 91 § 1, passed 4-9-1990]
The Street Tree Fact Sheet and any list published and revised
by the City Shade Tree Commission.[1]
Triangles established from a distance of:
Seventy-five feet from the point of intersection of the center
lines if intersecting streets are 20 feet or more in width; or
If one or both streets are less than 20 feet in width, a clear
sight triangle of 50 feet shall be maintained except that;
Clear sight triangles of 100 feet shall be provided for all
intersections with arterial and major streets so designated in the
circulation study of the 1985 City Comprehensive Plan.
That person or persons or firm which is improving a parcel
of land within the City who may or may not be the owner of such property.
A surface which is covered with a material that is incapable
of being permeated by water and shall arrest the growth of vegetation.
An uninterrupted, permeable surface that is directly adjacent
to the tree. It can contain grass, gravel, gradings, other pervious
material but is considered to end where concrete, asphalt, or another
impervious surface begins.
A public easement containing streets, medians, boulevards
or sidewalks.
A tree that is over 45 feet in mature height.
A tree that is between 30 and 45 feet in mature height.
A tree of less than 30 feet in mature height.
[1]
Editor's Note: Appendix A is included as an attachment to
this article.
[Ord. 13-1990, 91 § 1, passed 4-9-1990]
(a)
For every 2,000 square feet of impervious surface, one tree shall
be planted or retained and replaced if necessary. The City Shade Tree
Commission may alter this requirement when circumstance requires it.
(b)
All trees used shall be selected from the plant list in Appendix
"A", "Street Tree Factsheets". If the developer is confronted with
an unforeseen problem pertaining to tree species, the Commission shall
be consulted for advice and recommendations. Not all trees on this
list are suitable for all situations. Suitability shall be determined
by the Commission. Additionally, as new varieties are developing and
existing ones improved, this list shall be amended.
(c)
The use of any tree other than those in Appendix "A", "Street Tree
Factsheets" requires the specific approval of the Commission.
(d)
Each tree shall be at least six feet in height and have a diameter
of at least three inches measured at a height of two feet above the
finished ground level when planted.
(e)
Only plant material grown in nurseries shall be procured for shade
tree planting. Trees should be true to form and typical of the species
or variety.
(f)
Plant material shall be balled and burlapped with native soil in
which the material had been growing.
(g)
As different trees require different soil conditions, it may be necessary
to add materials such as peat, sand, etc., to the existing soil prior
to planting.
(h)
Trees planted shall have a planting space of at least 25 square feet.
(i)
Trees shall be located at least 25 feet away from each other if they
are either small or medium trees, or 40 feet apart if one or more
is a large tree.
(j)
A tree at mature height cannot be located within 10 feet of any utility
line (underground or overhead), hydrant, parking meter standard or
underground tank. The actual location of any tree shall be determined
by considering visibility, proximity of utility poles, overhead and
guy wires, driveways and underground utility installations. (In new
subdivisions, all utility lines should be underground).
(k)
No tree or shrub shall be planted in the vicinity of any corner,
street, intersection or access-way intersecting a public right-of-way
where such tree or shrub may be an obstruction to visibility. Nor
shall any tree or shrub interfere with the clear sight triangle requirement
of the zoning code, or extend into street corner visibility areas
or become a traffic hazard.
(l)
A clear sight triangle shall be provided at all streets and all marginal
access streets. Within such triangles, no object other than utility
poles shall be permitted which obscures vision above the height of
30 inches and below 10 feet measured from the center line grade of
intersecting streets.
[Ord. 13-1990, 91 § 1, passed 4-9-1990]
(a)
Tree pits shall be at least 1 1/2 times the size of the ball
in width and depth. The top of the root ball shall be on the same
grade as ground level.
(b)
Planting time. Any nursery stock may be planted after September 1
and before June 30 when the soil is frost-free.
(c)
If balled and burlapped, the twine covering the upper half of the
ball shall be rolled back or cut away after the plant has been set.
If stock is grown or wrapped in a nonbiodegradable container, remove
container or wrap before planting (such as plastic, treated burlap
or wire baskets).
(d)
The planting hole shall be backfilled to 3/4 full with soil, followed
by at least five gallons of water. When the water has been absorbed,
the hole shall be filled with topsoil and tamped lightly to finished
grade and followed with an additional five gallons of water. An area
of no less than 25 square feet shall remain open, free of bricks,
concrete, asphalt, etc., around the base of the tree unless otherwise
approved by the Commission.
(e)
Upon completion of the transplanting operation the landowner may
apply three inches of bark mulch over the planting area to retain
moisture and prohibit weed growth.
[Ord. 13-1990, 91 § 1, passed 4-9-1990]
(a)
Prior to commencing any work, the developer shall submit a shade
tree plan to the City Shade Tree Commission. This plan shall include
the following:
(1)
A north point and scale (scale not to exceed one inch equals
40 feet with one inch equals 20 feet desirable).
(2)
The location, size, surface materials and color of all structure(s),
parking areas, storm retention areas and other man-made elements.
(3)
The location, type, size and quality of proposed shade trees,
common and botanical names shall be identified adjacent to the trees
or by use of a key and legend.
(4)
Scale shown for shade trees shall reflect mature size.
(5)
The location of all underground and overhead utility lines,
fire hydrants, underground tanks and adjacent right-of-ways.
(6)
A completion date of all plantings.
(b)
The Commission shall recommend that a zoning permit or subdivision
approval be given if the plan meets the requirements listed above
and the intent of this article without negatively impacting any other
land use or the circulation of traffic.
[Ord. 13-1990, 91 § 1, passed 4-9-1990]
All development or activities identified above that take place
after the effective date of this article shall be required to conform
to the provisions of this article.
[Ord. 13-1990, 91 § 1, passed 4-9-1990]
The developer, his successor, and/or the property owner shall
be responsible for regular fertilization, pruning and other maintenance
of all trees as needed, including replacement, or as deemed necessary
by the City Shade Tree Commission.
[Ord. 13-1990, 91 § 1, passed 4-9-1990]
Any person, firm or corporation who violates any of the provisions
of this article or who fails to comply with any of the requirements
thereof, shall upon conviction thereof be fined not less than $25
and no more than $300 and/or be imprisoned not more than 90 days.
Each day during or on which a violation occurs or continues shall
be deemed a separate offense. The imposition of any fine for any violation
of this article shall not excuse such violation(s) or permit same
to continue.
