[HISTORY: Adopted by the City Council of the City of Marion
as Ch. 152 of the 2000 Code.[1] Amendments noted where applicable.]
For use in this chapter, the following terms are defined:
The document containing the detailed performance standards
and specifications to be used in carrying out the provisions of this
chapter.
Any person, business or organization who receives compensation
for the performance of work done.
All public parks having individual names and maintained by
the City.
That part of the right-of-way in the City not covered by
sidewalk, between the lot line and the curbline. On unpaved streets,
it is that portion between the lot line and portion usually traveled
by vehicular traffic.
Any and all trees growing on private property.
A person owning private property in the City, as shown by
the County Auditor's Plat of the City.
Any and all property located within the confines of the City
and owned by the City or held in the name of the City by any of the
departments, commissions or agencies within the City government.
Any and all trees growing on public property, including but
not limited to street rights-of-way.
A parcel of land intended to be occupied for streets, sidewalks,
utilities and other public purposes.
Woody vegetation usually growing with multiple stems and
a height less than 10 feet.
Any and all trees growing on the parking, including but not
limited to street rights-of-way.
[Ord. No. 08-06]
Heading, stubbing, rounding, tipping, or "dehorning," which
means the drastic removal of large branches, severely cutting back
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.
The duly established board responsible to study, investigate,
counsel and develop a written plan for the care, preservation, trimming,
planting, replanting, removal or disposition of trees and shrubs within
the City.
Woody vegetation usually growing with a single stem and a
height over 10 feet.
[Ord. No. 08-06; amended 3-23-2023 by Ord. No. 23-02]
A.
Establishment. There is established
the position of City Arborist, who shall be the Director of the Marion
Parks and Recreation Department or designee. The City Arborist shall
serve as an ex-officio member of the Tree Board.
B.
Authority. The City Arborist shall
have the authority and jurisdiction of regulating and planting, maintenance
and removal of trees on public property to ensure safety or preserve
or enhance the aesthetics of these public sites. The City Arborist
shall have the authority to supervise and inspect all work done under
a permit issued in accordance with terms of this chapter. The City
Arborist shall have the authority to formulate and publish an official
tree planting plan with the advice, hearing and approval of the Tree
Board. The City Arborist has the general authority to do all of the
following:
(1)
Direct, manage, supervise
and control the planting, removal, maintenance and protection of all
trees and shrubs on public property;
(2)
Guard all trees and shrubs
within the City to prevent the spread of disease or pests;
(3)
Eliminate dangerous tree and
shrub conditions within the City that may affect the life, health
or safety of persons or property.
A.
Establishment. There is hereby
established an Arboricultural Specifications and Standards of Practice
document of and for the City. This document shall include but shall
not be limited to: species of street trees allowed and banned; the
spacing between street trees and distances from fixed objects; proximity
of street trees to utility lines; and topping.
B.
Authority. The performance standards
and specifications contained within the City Arboricultural Specifications
and Standards of Practice shall be considered a part of this chapter
and made subject to all its provisions.
A.
Conditions under which trees allowed.
From and after July 1, 2010, no person, except City personnel, agents
for City purposes, or authorized tree permit holders shall plant any
tree or shrub upon any City owned property, including property dedicated
or used for right-of-way purposes. Only trees from the City of Marion
Approved Street Trees List may be planted in the public right-of-way.
[Ord. No. 10-15]
B.
Insurance. The City Arborist shall
have the authority to require any permit holder to show adequate insurance
coverage to cover potential damages that occur during the execution
of the work. In the case of the property owner doing the work, proof
of homeowner personal liability insurance may be required. If the
property owner has hired another person or contractor to do the work,
the contractor shall provide the City with a certificate of insurance.
The certificates shall show the following minimum required limits
of coverage of commercial general liability insurance with limits
of not less than $500,000 per occurrence and workers' compensation
insurance coverage at statutory limits on any and all employees.
[Amended 3-23-2023 by Ord. No. 23-02]
C.
Public utilities. A public utility
may be issued a permit to treat, trim or remove any tree or shrub
on any street or other public place. The work shall be limited to
the actual necessities of the service of the company in the area specified
on the permit. This work shall be done in accordance with the Arboricultural
Specifications and Standards of Practice as established for the City.
The City Arborist may assign an inspector to supervise the provisions
of the permit. The cost of the service shall be charged to the public
utility. In the event severe weather has caused a tree to damage utility
lines, the utility company, the City, or their agents may trim or
remove trees necessary to repair the damaged utility lines without
first obtaining a permit. A permit should be obtained before any additional
trimming not required for repair of the utility line is done.
[Amended 3-23-2023 by Ord. No. 23-02]
D.
Maintenance. The maintenance of
all street trees or shrubs shall be the responsibility of the City
Arborist. Street trees may be trimmed and maintained to allow free
passage of pedestrians and vehicular travel and so they will not obstruct
or shade streetlights, traffic lights, signs or any traffic control
devices or the view of any street intersection. Such detailed information
is contained in the City's Arboricultural Specifications and Standards
of Practice. If in the opinion of the City Arborist trimming of a
street tree is necessary, the adjacent property owner shall be notified
and in the event the adjacent property owner disagrees with the Arborist's
decision, an appeal may be filed. Whenever the City Arborist is notified
or becomes aware of a dead or broken branch or limb in any street
tree or a dead street tree which is in imminent danger of falling
and thereby injuring any individual or causing property damage, the
offending branch, limb or tree shall be considered a hazard and may
be removed. Subsequent trimming of the tree which contained the dead
or broken branch or limb should occur after notification of the adjacent
property owner.
[Amended 3-23-2023 by Ord. No. 23-02]
E.
Removal. If in the opinion of
the City Arborist removal of a street tree becomes necessary, the
adjacent property owner shall be notified. In the event the adjacent
property owner requests the removal of a street tree or shrub and
the City Arborist does not consider the removal necessary, the property
owner may appeal the City Arborist's decision to the Tree Board.
[Amended 3-23-2023 by Ord. No. 23-02]
F.
Traffic control. In the event
the planting, maintenance or removal of any tree requires equipment
or material to be located on or fall onto the street right-of-way,
the permit holder shall provide for traffic control. All traffic control
shall conform to the requirements and specifications of the current
edition the Manual of Uniform Traffic Control Devices (MUTCD). In
all cases the disruption of smooth traffic flow shall be kept to a
minimum. Additional warning devices or precautionary measures may
be necessary to control pedestrian traffic.
G.
Protection. No person shall intentionally
damage, cut, carve, attach any rope, wire, nails, advertising posters
or other contrivance to any street tree; allow any gaseous, liquid,
chemical or solid substance harmful to such trees to come in contact
with them, or set fire or permit fire to burn when such fire or the
heat will injure any portion of any tree.
H.
Right-of-way tree permits.
[Ord. No. 10-15; amended 3-23-2023 by Ord. No. 23-02]
(1)
No person except the City or person hired by the
City shall spray, fertilize, preserve, prune, remove, cut above or
below ground or otherwise disturb any tree on City property without
first filing an application and obtaining a permit from the City Arborist.
The person receiving the permit shall abide by the Arboricultural
Specifications and Standards of Practice as adopted by the City.
(2)
The Tree Board may issue a permit for the planting
of a tree in the public right-of-way when:
I.
Establishment of fees. The City
Council shall adopt by resolution a permit fee for the issuance of
a tree permit. Said fees may be amended by resolution at the discretion
of the City Council.[1]
[1]
Editor's Note: Original § 152.04, Subsection 11,
requiring the Tree Board to adopt an Approved Street Trees List, added
by Ord. No. 10-15, which immediately followed this subsection, was
repealed 3-23-2023 by Ord. No.
23-02.
J.
Establishment of Urban Forest
Utility. An Urban Forest Utility is hereby established to provide
for the collection and use of public tree management fees, tree permit
fees and other fees as applicable for use to maintain trees on City
owned property and provide for the disposal or re-use of tree-related
materials.
K.
Public tree management fees. The
City Council shall, by resolution, set fees for the management of
trees on City-owned property. This includes the initial establishment
of fees and subsequent changes to the fees as deemed necessary by
the City Council.
[Ord. No. 10-16]
A.
Maintenance. The property owner
is responsible for the maintenance and care of any tree located on
private property. Certain regulations apply to trees whose branches,
limbs, roots or other parts extend into or over the street right-of-way.
The property owner is responsible for ensuring private trees are trimmed
to sufficient height to allow free passage of pedestrians and vehicular
travel and so they will not obstruct or shade streetlights, traffic
lights, signs or any traffic control devices or the view of any street
intersection. Detailed information is contained in the City's Arboricultural
Specifications and Standards of Practice. If it becomes necessary
to trim trees or shrubs on private property to comply with this chapter,
the City Arborist shall declare the tree or shrub a nuisance. Whenever
the City Arborist is notified or becomes aware of a dead or diseased
tree or broken or dead branch or limb in any private tree which is
in imminent danger of falling and thereby injuring any individual
or causing property damage to adjacent property, the City Arborist
may declare the tree, branch or limb a hazard and order the property
owner to remove the hazard in an expedient manner. If the property
owner fails to remove the hazard, the City Arborist may cause the
hazard to be removed. For purposes of removing the hazard, City crews
or City agents shall be allowed on private property. Attempts should
be made to notify the property owner before entering onto private
property.
[Ord. No. 08-06; amended 3-23-2023 by Ord. No. 23-02]
B.
Traffic control. In the event
the planting, maintenance or removal of any private tree requires
equipment or material to be located on or fall onto the street right-of-way,
the homeowner or the homeowner's agent shall provide for traffic control.
All traffic control shall conform to the requirements and specifications
of the current edition of the Manual of Uniform Traffic Control Devices
(MUTCD). In all cases the disruption of smooth traffic flow shall
be kept to a minimum. Additional warning devices or precautionary
measures may be necessary to control pedestrian traffic.
[Amended 3-23-2023 by Ord. No. 23-02]
A.
Appeals. Any person who receives
an order from the City Arborist and objects to all or part of the
order may, within 10 days of the receipt of the order, notify the
City Arborist and City Tree Board in writing of the nature of the
objection and request a hearing on the order thereon. The hearing
shall be held within 30 days of notice to the appellant. Within 10
days the Chair of the Tree Board shall notify the appellant and City
Arborist of the final decision.
B.
Interference. No person shall
hinder, prevent, delay or otherwise interfere with the City Arborist
or any assistants in the execution or enforcement of this chapter.
C.
Violation. If, as a result of
a violation of any provision of this chapter, the injury, mutilation
or death of a tree, shrub or other plant located on City-owned property
is caused, the cost of repair or replacement of the tree, shrub or
other plant shall be borne by the party in violation. The value of
shrubs shall be determined in accordance with the latest revision
of the City of Marion Arboricultural Specifications and Standards
of Practice and/or The Guide for Plant Appraisal by the Council of
Tree and Landscape Appraisers.
