[HISTORY: Adopted by the City Council of the City of Marion as Ch. 152 of the 2000 Code.[1] Amendments noted where applicable.]
[1]
Editor's Note: Former § 152.02, Tree Board, of the 2000 Code can be found in Ch. 12, Art. XII, Tree Board.
For use in this chapter, the following terms are defined:
CITY ARBORICULTURAL SPECIFICATIONS AND STANDARDS OF PRACTICE
The document containing the detailed performance standards and specifications to be used in carrying out the provisions of this chapter.
CONTRACTOR
Any person, business or organization who receives compensation for the performance of work done.
PARK
All public parks having individual names and maintained by the City.
PARKING
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.
PRIVATE TREE
Any and all trees growing on private property.
PROPERTY OWNER
A person owning private property in the City, as shown by the County Auditor's Plat of the City.
PUBLIC PROPERTY
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.
PUBLIC TREE
Any and all trees growing on public property, including but not limited to street rights-of-way.
RIGHT-OF-WAY
A parcel of land intended to be occupied for streets, sidewalks, utilities and other public purposes.
SHRUBS
Woody vegetation usually growing with multiple stems and a height less than 10 feet.
STREET TREES
Any and all trees growing on the parking, including but not limited to street rights-of-way.
[Ord. No. 08-06]
TOPPING
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.
TREE BOARD
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.
TREES
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:
(a) 
The proper permit fee has been paid in full to the City;
(b) 
The proposed site has been reviewed and approved by the City Arborist; and
(c) 
Species and planting technique have been reviewed and found to meet City standards.
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.