(a)
The tree
trimming specifications and policy are designed to apply to the trimming
and removal of any plant, bush, or tree growth interfering with the
safe operation of the electrical system, right-of-way visibility,
and to maintain parks and public property in a safe, proper and manageable
manner. It is not the intent of this policy to deface the appearance
or damage the life of any plant, bush, or tree for the sake of doing
so, but to protect the safety and welfare of the citizens of the city
and its employees.
(b)
These
specifications prescribe standards to ensure consistent tree trimming
practices, and efficient, economical line clearance maintenance. They
shall provide a basis for determining whether tree trimming is necessary
or appropriate, and shall dictate the methods to be adhered to in
the performance of the work activity described in this document. This
policy takes into account sections of the American National Safety
Institute Standards (ANSI).
(c)
All city
departments are committed to complying with the terms and conditions
of this policy and any ordinances applicable to the trimming of any
plants, bushes, or trees. These guidelines are also recommended for
all franchises, firms, persons, or corporations involved in trimming
trees within the city.
(d)
The primary
goal for electrical line clearance is to maintain a safe and reliable
electrical distribution system. While establishing proper line clearance,
tree trimming shall be in a manner that best directs tree growth away
from electrical conductors and facilities and street rights-of-way,
extend trimming cycles, and reduce the overall amount of future trimming
work required. Because of the difficulty in developing line clearances
which would cover all circumstances, the electrical superintendent
and/or city manager reserves the right to assess, on a case-by-case
basis, any special situations where the strict application of these
specifications and policies might be impractical or inappropriate.
However, the intent is to strive to meet the clearances set out herein.
(Ordinance 2012-01 adopted 1/10/12)
(a)
Initial
notification shall be made by door tag or personal contact or visit
with the property owner or occupant. The reason for trimming or removal
should be explained to the property owner or occupant. If the reason
is a violation of city ordinance, the process for resolving the matter
should be explained. Arrangements should also be made to correct the
matter as soon as possible.
(b)
When scheduled
trimming to a section of town is established the occupants in the
area should be notified by door tag or personal contact or visit and
a schedule should be published in the local newspaper and aired on
the local radio station at least one week in advance of the proposed
schedule.
(c)
If property
owner wants the city to take care of the matter or violation, the
work will be scheduled as soon as possible.
(d)
If the
property owner wants to take care of the matter or violation themselves,
the work needs to be scheduled and completed within ten days or a
reasonable time frame agreed to by the property owner and city. Amount
of time considered to be reasonable will depend upon the degree of
need to correct.
(e)
If all
attempts to contact the property owner/occupant fail then a certified
letter will be sent giving the property owner/occupant ten days from
the signed receipt date, accepting the letter, to correct the problem
or make arrangements to correct the problem. If action is not taken
or contact has not been made by the property owner/occupant within
fifteen days from the date of the letter or ten days from acceptance
of the letter or if the property owner/occupant refuses to correct
the violation within a reasonable time frame, the matter will be turned
over to the municipal court.
(f)
If a situation
arises involving any plant, bush or tree that presents an immediate
or inherent danger to the public, the employees, or the utility system,
the city shall have the ability to take immediate action to correct
the problem to the best of its ability.
(Ordinance 2012-01 adopted 1/10/12)
The following shall apply to property owner requests and individual
request for assistance in trimming or topping plants, bushes, or trees,
where the property owner will be responsible for completing trimming
or removal.
(1)
Each request
shall be evaluated individually, and may require an on-site visit
by the responsible department and property owner or occupant.
(2)
If possible,
electrical lines shall be removed or de-energized by the electrical
department to permit safe removal of the tree or tree limbs by the
property owner, occupant, contractor, entity, or any other person.
However, no property owner, occupant, contractor, entity, or any other
person may trim or remove trees, or vegetation around any electrical
utility without prior approval from the electrical superintendent
or city manager.
(3)
The property
owner may be directed, at the option of the electrical department,
to have the service drop temporarily disconnected to allow safe tree
trimming or removal by the property owner.
(4)
All departments
trimming, removing or assisting in the trimming and removal of plants,
bushes, or trees shall properly mark or barricade the area in which
trimming is being performed to prevent injury to the public or employees.
(5)
If it
is determined that the request for assistance from the city should
be granted on an expedited basis the property owner shall schedule
time with the city so that either the city or property owner may have
the work performed, as soon as possible, to avoid risk of injury to
the public, employees, or electrical system.
(6)
Whenever
possible, all such requests shall be deferred until the normally scheduled
trimming cycle, for the area in which the property is located or to
a time that will be least detrimental to the plant, bush or tree.
(Ordinance 2012-01 adopted 1/10/12)
The following shall apply when the city initiates a tree removal
and after communication with the property owner or tenant: the tree
presents a danger to the public; a danger to the traffic; a danger
to the electrical system; a tree is destabilizing electric utility
structures; a tree is totally involved with the electrical system
and clearance cannot be obtained without removal; where affected trees
have dominant terminal leaders (pines, etc.) and can not be directionally
pruned away from the electrical system; and other situations that
may poise a danger to the public or employees. The removal of trees
except in an emergency situation shall require prior authorization
of the public works director or city manager.
(1)
The electrical
department shall safely remove limbs near energized lines before removing
the remainder of the tree. Other departments shall safely remove as
many limbs as possible near or in rights-of-way before removing the
remainder of the tree. All departments shall properly mark or barricade
the area in which trimming is being performed to prevent injury to
the public or employees.
(2)
The final
stump cut will be as close to the ground as possible. Branch debris
shall be removed by the department performing the work. The removal
of stumps shall be the responsibility of the property owner.
(Ordinance 2012-01 adopted 1/10/12)
The following shall apply to cleanup, removal and disposal of
pruned material:
(1)
Each department
shall remove and dispose of only those plants, bushes, trees or portions
of plants, bushes, and trees trimmed by that department. When possible,
removal and cleanup shall be completed within ten days of time cut.
However, general practice shall be to remove the brush upon completion
of the work. No cut limbs, trunks, brush, trash or other debris will
be left on the premises, or adjacent streets or alleys.
(2)
Removal
and disposal of remaining portions of any plant, bush or tree pruned
by the property owner is the responsibility of the property owner.
Whenever possible options for disposal should be explained to the
customer.
(Ordinance 2012-01 adopted 1/10/12)
Line clearance distances attained during tree trimming operations
shall vary depending on the power line voltage and the type of tree
encountered. High voltage lines require greater clearances. The tree
trimming operations shall provide clearance as appropriate for the
line voltage and average growth rate of the affected trees, with the
overall objective of achieving a minimum of four to five-year pruning
cycle. The electrical department shall start and follow a schedule
route which follows the primary feeder lines.
(1)
Line clearing
shall begin only after careful consideration of the position occupied
by the electrical system relative to the adjacent trees, and the growth
rate of the affected trees.
(2)
If the
trimming required to obtain adequate clearance from an electrical
facility and/or conductor (i.e. leaning pole, low pole height, sagging
wire, etc.) would significantly affect the shape of the tree, the
electrical department shall determine if the electrical facility and/or
conductor can be adjusted to reduce the trimming required.
(3)
The clearance
specified herein shall be consistently achieved to the best of the
department’s ability. Special efforts shall be undertaken for
reasonable resolution of any property owners objections or disputes.
If the property owner does not wish for the trees to be trimmed and
the ability exists that the lines can be rerouted the property owner
may request that the lines be rerouted at the property owner’s
expense. The property owner will be responsible for all costs associated
with the rerouting of any electric lines not excluding any easements
or deed research. If a situation arises that the ability to reroute
the lines is available and the property owner is willing to pay all
associated costs, but the extent of research and manhours required
to reroute is considered to be too great by city management, they
may refuse to reroute without approval by council.
(4)
Telephone
or television cable facilities shall not be considered in determining
line clearances.
(5)
(B)
All
attempts will be made to ensure that cuts do not exceed 6 feet. However,
for the health of the tree, limbs will be cut back to the closest
secondary or parent limb.
(C)
The
shape and appearance of all trees will be considered, during the trimming
process, in an attempt to preserve the overall appearance of the tree.
(6)
According
to the Texas State Law, article 143C it shall be unlawful for any
person, firm or corporation to cause any person or equipment to be
within 10 feet of high power lines unless the utility company has
been notified and protective equipment is in place to prevent contact
with conductors (lines). Therefore it is also the city’s policy
to prevent any person, firm, or corporation from placing or maintaining
any object, tree, or equipment within six feet of a power line.
(7)
The electrical
department shall remove all overhang above the pole or primary conductors,
or as directed by city management. Poles, guy wires, down guys, transformers,
and other electrical facilities shall be free of weight, strain or
altered positions caused by contact with plants, bushes, or tree limbs.
Guy wires, down guys and poles shall be free of vines. The electric
department, at its own discretion, shall determine whether to cut
and/or remove all vines or plant growth obstructing or limiting access,
at the base of, or on the affected electrical facility, pole, guy
wire or down guy.
(Ordinance 2012-01 adopted 1/10/12)
The following section accounts for minimum height requirements.
(1)
No plant
shall be maintained having a height greater than three feet (3') above
the level of the centerlines of the nearest abutting street or in
the area of a triangle formed by the intersecting property lines and
a diagonal line joining the property lines at points twenty feet from
their intersection of any corner lot on which a front yard is required.
(2)
No plant
shall be maintained having a height greater than three feet (3') above
the level of the centerline of the nearest abutting street or in that
area which lies between the property lines of any corner lot and the
curblines of any street (sidewalk areas).
(3)
A minimum
of ten feet (10') clearance above the street level at the nearest
curbline in that area of visibility triangle on such corner lot.
(4)
A minimum
of eight feet (8') clearance above the sidewalk level in that area
between the property line and the curbline of any abutting street.
(5)
A minimum
of five feet (5') clearance between any tree or plant from any fire
hydrant.
(6)
A minimum
of ten feet (10') clearance above the street level at the curbline
and graduated toward the centerline of the street to a clearance of
14 feet above the centerline.
(7)
City management
shall have a written notice served upon the owner or occupant of any
property upon which any violation exists to correct within ten days
after service of this notice. Service of said notice may be by certified
mail or by personal service upon the owner or occupant. If condition
is not corrected by the end of such 10-day period, a complaint shall
be filed with the municipal court.
(8)
Street
superintendent has the authorization to trim or remove any tree or
plant which obstructs any traffic-control device in the city.
(Ordinance 2012-01 adopted 1/10/12)
In accordance with existing city laws, any homeowner or contractor
planning work in the right-of-way that involves excavation of any
sort will have the responsibility to obtain permits required by the
city to identify any underground utilities in the area of excavation.
Such permit shall be obtained from the city.
(Ordinance 2012-01 adopted 1/10/12)
Any person violating any provision of this article shall be
deemed guilty of a misdemeanor, upon conviction thereof shall be subject
to a fine not to exceed $500.00.
(Ordinance 2012-01 adopted 1/10/12)
