[Ord. No. 20-2014, 15, passed 7-27-2015]
A Commission to be known as the "City of Lebanon Shade Tree
Commission" is hereby established.
[Ord. No. 20-2014, 15, passed 7-27-2015]
(a)
The Shade Tree Commission shall be composed of not less than three
but not more than five residents of the City who shall be appointed
by the Mayor. The Director of Public Works shall serve as an ex officio
member of the Commission.
(b)
On the expiration of the term of any Commissioner, a successor shall
be appointed by the Mayor to serve for a term of five years. Vacancies
in the office of Commissioner shall be filled by the Mayor for the
unexpired term. Members of the Shade Tree Commission shall serve without
compensation.
[Ord. No. 20-2014, 15, passed 7-27-2015]
The Shade Tree Commission shall develop policy regarding the care and protection of the shade trees of the City. They shall make recommendations to the Mayor regarding the change of applicable policies and procedures. The Shade Tree Commission may have the power to enforce the regulations for the care and protection of the shade trees of the City with the approval of the Mayor. The Shade Tree Commission shall perform all duties as outlined in this article. The Director of Public Works or a duly authorized agent of the City of Lebanon shall have the power to commence appropriate legal action for the violation of its regulations relating to shade trees as provided for under Subsection (i), Violation and penalty, of § 159.06, Authority; permit and regulations. Such regulations are approved as provided in § 159.04.
[Ord. No. 20-2014, 15, passed 7-27-2015]
No rules or regulations adopted by the Shade Tree Commission
shall be enforced until they have been approved by the Mayor.
[Ord. No. 20-2014, 15, passed 7-27-2015]
The Shade Tree Commission shall report in full to the Mayor
in February of each year of its transactions and expenses for the
last City fiscal year.
[Ord. No. 20-2014, 15, passed 7-27-2015]
(a)
Authority. The Shade Tree Commission shall have the authority and
jurisdiction of regulating the planting, maintenance and removal of
trees on streets and other publicly owned property to ensure safety
or preserve the aesthetics of such public sites. For purposes of this
section, "trees on streets" shall be defined as those trees located
between the curb and the sidewalk.
(1)
Supervision. The Shade Tree Commission shall have the authority
and it shall be their duty to supervise and inspect all work done
under a permit issued in accordance with the terms of this section.
(2)
Conditions of permit. The Shade Tree Commission shall make recommendations
to the duly authorized agent of the City of Lebanon to affix reasonable
conditions to the granting of a shade tree work permit.
(3)
Master Street Tree Plan. The Shade Tree Commission shall have
the authority to formulate a Master Street Tree Plan. Public hearings
will be held as necessary. The Master Street Tree Plan shall specify
the species of tree to be planted on each of the streets or other
public sites of the municipality. From and after the effective date
of the Master Street Tree Plan, or any amendment thereof, all planting
shall conform thereto.
A.
The Shade Tree Commission shall consider all existing and future
utility and environmental factors when recommending a specific species
for each of the streets and other public sites of the municipality.
B.
The Shade Tree Commission shall have the authority to amend
or add to the Master Street Tree Plan at any time that circumstances
make it advisable.
(b)
Permits required.
(1)
Planting, maintenance or removal.
A.
No person shall plant, prune, remove, cut or otherwise disturb
any tree on any street or municipal-owned property without first filing
an application and procuring a permit from the Department of Public
Works. The Shade Tree Commission shall review the application in accordance
with their duties outlined in this article and shall make a recommendation
for approval or denial of said permit to the Department of Public
Works. The person receiving the permit shall abide by the National
Arborists Association Standards of Practice adopted by the Shade Tree
Commission.
B.
Should the property owner choose to hire a contractor to complete
the work, the Shade Tree Commission recommends that:
C.
Applications for permits must be made at the Department of Public
Works not less than 72 hours in advance of the time the work is to
be done. The cost of the permit is $25. The application for the permit
requires: the location; the number of trees to be removed and/or replaced;
species, cultivar, or variety of each tree; the name of the individual
or contractor planting the tree(s); presence of electric, water, and
sewer lines; distance from intersections; proximity to neighboring
trees; width of sidewalk; width of planting strip; and other such
information as the Shade Tree Commission deems necessary to make a
recommendation on whether a permit should be issued.
D.
Whenever any tree shall be planted or set out in conflict with
the provisions of this section, it will be lawful for the municipality
to perform necessary work, and the exact cost thereof shall be assessed
to the owner as provided by these regulations.
E.
The Shade Tree Commission shall make a recommendation to the
duly authorized agent of the City of Lebanon to approve a permit when,
in their judgment, the proposed work is desirable and the proposed
method and workmanship thereof are of a satisfactory nature. Any permit
granted shall contain a definite date of expiration, and the work
shall be completed in the time allowed on the permit and in the manner
as therein described. Any permit shall be void if its terms are violated.
F.
Notice of completion shall be given to the Department of Public
Works within five days. Said notice is to be forwarded to the Shade
Tree Commission for their inspection.
G.
The cost of planting, transplanting, or removing any shade trees
along the public areas of the City, the necessary and suitable guards,
curbing or grading for the protection thereof, and the replacing of
any pavement or sidewalk necessarily disturbed in the execution of
such work shall be paid by the owner of the real estate in front of
whose property the work is done. The amount each property owner is
to pay shall be ascertained and certified by the Shade Tree Commission
to the Mayor. Upon failure of the property owner to pay said share
of the cost, the City shall file a lien against the property owner
for said amount. When an assessment has been certified by the Shade
Tree Commission to the Department of Public Works, the City of Lebanon
shall provide a thirty-day written notice by mail to persons against
whose property an assessment has been made. The notice shall state
the amount of the assessment and the time and place of payment and
shall be accompanied with a copy of the assessment.
(2)
Removal, replanting and replacement. Whenever it is necessary
to remove a tree or trees from curbside in connection with the paving
of sidewalk or the paving or widening of the portion of a street or
highway used for vehicular traffic, when such work is performed by
or on behalf of the City, the City shall replant such trees or replace
them. If conditions prevent planting of trees on lawns, this requirement
will be satisfied if any equivalent number of trees of the same size
and species is planted in an attractive manner on an adjoining property.
No person or property owner shall remove a tree from curbside for
the purpose of construction, or for any other reason, without first
filing an application and procuring a permit from the Department of
Public Works, and without replacing the removed tree or trees in accordance
with the adopted Arboricultural Specifications. Such replacement shall
meet the standards of size, species, and placement as provided for
in the permit. The person or property owner shall bear the cost of
removal and replacement of all trees.
(c)
Obstruction; trees pruned. It shall be the duty of any person or
persons owning or occupying real estate 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 sidewalks, obstruct vision of traffic signs,
or obstruct view of any street or marginal access street intersection.
The minimum clearance of any overhanging portion thereof shall be
no less than 10 feet over sidewalks and no less than 14 feet over
all streets unless otherwise recommended by the Shade Tree Commission.
(1)
Notice to prune. Should any person or persons owning real estate
bordering on any street fail to prune trees as hereinabove provided,
the Shade Tree Commission shall notify the Department of Public Works,
who shall inform such person or persons within a specified number
of days after receipt of written notice, to so prune trees.
(2)
Notice of violation required. The notice of violation required
herein shall be served by mailing a copy of the notice of violation
to the last known address of the property owner, by certified mail.
(3)
Failure to comply. When a person to whom an order is directed
fails to comply within the specified time, it shall be lawful for
the municipality to prune such trees, and the exact cost thereof shall
be assessed to the owner by filing a lien against the property as
provided by law.
(d)
Abuse or mutilation of public trees. Unless specifically recommended
by the Shade Tree Commission, no person shall intentionally damage,
cut, carve, transplant, or remove any tree; attach rope, wire, nails,
advertising posters, or other contrivance to any tree; allow any gaseous,
liquid, or solid substance which is harmful to the continued vitality
of any tree to come in contact with it; or set fire or permit any
fire to burn when such fire or the heat thereof will injure any portion
of any tree.
(e)
Severe site constraints. In cases where there exists a severe site
constraint so that compliance with this section would directly result
in a danger to the public health, welfare and/or safety, the City
Shade Tree Commission may recommend to the duly authorized agent of
the City of Lebanon to waive any or all necessary requirements. For
purposes of this section, "site constraint" is defined to mean the
location, use, and/or existing physical condition or features of the
site so that compliance will be likely to interfere with overhead
or underground utilities, utility poles, signs, fire hydrants, or
parking meter standards, reduce visibility necessary for public safety,
and/or crowd or confine tree growth.
(f)
Interference with the Shade Tree Commission. No person shall hinder,
prevent, delay, or interfere with the Shade Tree Commission or any
of their assistants while engaged in carrying out the execution or
enforcement of this section, regulations, or procedures; 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.
(g)
Protection of trees.
(1)
All trees on any street or publicly owned property near any
excavation or construction of any building, structure, or street work
shall be guarded with a substantial fence, frame, or box not less
than four feet high and eight feet square, or at a distance in feet
from the tree equal to the diameter of the trunk in inches (at diameter
at breast height), whichever is greater, and all building material,
dirt, or other debris shall be kept outside the barrier.
(2)
No person shall excavate any ditches, tunnels, or trenches,
or lay any drive within a radius of 10 feet from any public tree without
first obtaining a written permit from the Department of Public Works.
(h)
Placing material on public property. No person shall deposit, place,
store, or maintain upon any public place of the municipality any stone,
brick, sand, concrete, or other materials which may impede the free
passage of water, air and fertilizer to the roots of any tree growing
therein, except by written permit from the Department of Public Works.
(i)
Violation and penalty. Any person, firm or corporation who violates
any of the provisions of this section 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 $1,000 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.
(j)
Appeal process.
(1)
Appeal to Planning Commission. An applicant aggrieved by denial
of approval of a tree removal application may appeal to the Planning
Commission.
A.
Written notice. The applicant shall file a written notice of
appeal with the City of Lebanon Planning Commission within 10 days
of receiving notice of denial.
B.
Action by Planning Commission. The Planning Commission shall
have 45 days from date of appeal to review and either affirm or reverse
the denial. In considering the case, the Planning Commission shall
include in its review a "finding of fact" prepared by the Shade Tree
Commission according to a prescribed checklist. Failure by the Planning
Commission to act within 45 days will automatically grant the appeal
with approval per the original application.
C.
Planning Commission findings of fact. The Planning Commission
shall adopt written findings of fact for every appeal.
(2)
Appeal to City Council. Should an appeal be denied by the Planning
Commission, the applicant may appeal to the City Council.
A.
Written notice. The applicant shall file written notice of such
an appeal with the City Clerk within 10 days of the Planning Commission's
action.
B.
Action by City Council. The City Council shall act on the appeal
within 45 days of the date of filing the appeal and shall include
in its review both the checklist prepared by the Shade Tree Commission
and the Planning Commission's written findings of fact. Failure
of the Council to act within the forty-five-day period shall result
in automatic granting of the approval per the original application.
C.
Council findings. The City Council may affirm or reverse the
determination of the Planning Commission and shall either adopt or
modify the findings of fact of the Planning Commission, which findings
may be reduced to writing or may be entered in the minutes.
[Ord. No. 20-2014, 15, passed 7-27-2015]
(a)
Shade Tree Commission review: tree specifications. The Shade Tree
Commission shall review all development and redevelopment plans to
assure the planting of the proper trees pursuant to the Tree Preservation
Ordinance (Land Development) for total impervious land area in excess
of 5,000 square feet.[1]
[1]
Editor's Note: See Art. 1387, Tree Preservation Regulations
for Land Developments.
(b)
Materials.
(1)
Preferred tree species.
A.
All plant materials used shall be selected from the Street Tree
Fact Sheets or official list published and revised by the Shade Tree
Commission. If the developer is confronted with an unforeseen problem
pertaining to tree species, the Shade Tree Commission shall be consulted
for advice and recommendations.
B.
Street trees within the same block shall not be of the same
species except to achieve a special effect, as approved by the Shade
Tree Commission in order to prevent spread of disease or blight.
C.
The use of any tree other than those mentioned above requires
the approval of the Shade Tree Commission.
D.
Not all trees on this list are suitable for all situations.
Suitability shall be determined by the Shade Tree Commission. Additionally,
as new varieties are developing and existing ones improved, this list
shall be amended.
(2)
Acquisition of trees. Only plant material grown in nurseries
shall be procured for shade tree planting. Trees should be true to
form and typical of the species.
(4)
Soil amendments. As different trees require different soil conditions,
it may be necessary to add materials such as peat, sand, etc., to
existing soil prior to planting.
(c)
Construction methods.
(1)
Planting locations. The actual location of each individual tree
shall be determined considering visibility, proximity of utility poles,
overhead and guy wires, driveways and underground utility installations.
(In new subdivisions, all utility lines should be underground.)
(2)
The following distance shall be maintained, unless otherwise
approved by the Shade Tree Commission:
A.
The actual location of each tree shall be determined considering
visibility, proximity of utility poles, overhead and guy wires, driveways
and underground utility installations. (In new subdivisions, all utility
lines may be underground.)
B.
No landscaping, tree, or shrub shall be maintained in the vicinity
of any corner, street, intersection, or accessway intersecting a public
right-of-way that is an obstruction to visibility, interferes with
the clear sight triangle requirements of the Zoning Code, set forth
in Subsection (c)(2)D hereof, or extends into street corner visibility
areas or is a traffic hazard.
C.
Likewise, a minimum sidewalk width of five feet shall be maintained as provided for in the City of Lebanon Curb and Sidewalk Construction Regulations, referred to in § 903.02 of the Codified Ordinances. Any exceptions to the required width due to extenuating conditions must be approved by the Director of Public Works.
D.
Visibility at intersections. On a corner lot in any district,
a clear sight triangle shall be provided at all street and alley intersections.
Within such triangles, no vision-obstructing 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. Such triangles shall be established from a distance
of:
1.
Seventy-five feet from the point of intersection of the center
lines if intersecting streets are 20 feet or more in width; or
2.
If one or both streets are less than 20 feet in width, a clear
sight triangle of 50 feet must be maintained, except that:
3.
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 Comprehensive Plan.
(d)
Planting specifications.
(1)
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.
(2)
Planting time. Any nursery stock may be planted during any period
of the year when the soil is frost-free (exception: June 30-September
1).
(3)
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 the container or wrap before planting (i.e., plastic, treated
burlap).
(4)
The planting hole shall be backfilled 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 15 square feet shall remain open, free of bricks,
concrete, asphalt, etc., around the base of the tree, unless otherwise
approved by the Shade Tree Commission.
(5)
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.
(e)
Maintenance.
(1)
Period of establishment.
A.
Plant maintenance shall begin immediately after each plant is
satisfactorily planted and shall continue until final inspection by
the Shade Tree Commission.
B.
Plant maintenance shall include, but need not be limited to,
replacing mulch that has been displaced by erosion or other means,
watering when needed or directed, and performing any other work required
to keep the plants in a healthy condition. An adequate moisture supply
is estimated to be the equivalent of one inch of water per week, delivered
at weekly intervals in the form of rain, or augmented as required
by periodic watering.
C.
The developer shall remove and replace all dead, defective,
and rejected plants as occur during this period.
D.
Stakes and guy wires, if used, shall be removed after a period
of one year.
(2)
Continued maintenance and replacement. The property owner shall
be responsible for regular fertilization, pruning and other maintenance
of all trees as needed or as deemed necessary by the Shade Tree Commission.
