[Ord. No. 4335, 6-22-2023]
To enhance the quality of life and the present and future health, safety, and welfare of all residents, to enhance property values, and to ensure proper planting and care of trees on public property, the Board herein delegates the authority and responsibility for managing public trees, creates a Tree Advisory Board, and establishes practices governing the planting and care of trees on public property.
[Ord. No. 4335, 6-22-2023]
As used in this Chapter, the following words and phrases shall have the meanings:
DAMAGE
Any injury to or destruction of a tree, including, but not limited to: uprooting; severance of all or part of the root system or main trunk; storage of material on or compaction of surrounding soil; a substantial change in the natural grade above a root system or around a trunk; surrounding the tree with impervious paving materials; or any trauma caused by accident or collision.
PUBLIC PROPERTY
All grounds and rights-of-way (ROWs) owned or maintained by the City.
PUBLIC TREE
Any tree or woody vegetation on City-owned or City-maintained property or rights-of-way.
TOP or TOPPING
The non-standard practice of cutting back of limbs to stubs within a tree's crown to such a degree so as to remove the normal canopy and disfigure the tree.
[Ord. No. 4335, 6-22-2023]
A. 
Delegation Of Authority And Responsibility. The Public Works Director and/or their designee, hereinafter referred to as the "Director," shall have full authority and responsibility to plant, prune, maintain, and remove Public Trees. This shall include the removal of trees that may threaten electrical, telephone, gas, or any water or sewer line, or any tree that is affected by fungus, insect, or other pest disease.
B. 
Coordination Among City Departments. All City departments will coordinate as necessary with the Director and will provide services as required to ensure compliance with this Chapter as it relates to Public Property.
C. 
Interference. No person shall hinder, prevent, delay, or interfere with the Director or his/her agents while engaged in carrying out the execution or enforcement of this Chapter.
[Ord. No. 4335, 6-22-2023]
A. 
Tree Advisory Board Created — Membership. There is hereby created a Tree Advisory Board consisting of the members of the Fenton Parks and Recreation Committee (see Chapter 130).
B. 
Appointment Term. Each member's term shall coincide with the member's term as member of the Fenton Parks and Recreation Committee.
C. 
Officers. The Chairman, Vice Chairman, and Secretary of the Tree Advisory Board shall be the same as for the Parks and Recreation Committee.
D. 
Ex Officio. The Ex Officio for the Board shall be the same as the Ex Officio of the Parks and Recreation Committee.
E. 
Duties. The Tree Advisory Board shall act in an advisory capacity to the Director and the Board of Aldermen and shall:
1. 
Coordinate and promote Arbor Day activities;
2. 
Review and update a five-year plan to plant and maintain Public Trees;
3. 
Support public awareness and education programs relating to trees;
4. 
Review City Department concerns relating to tree care;
5. 
Submit an annual report of its activities to the Board of Aldermen;
6. 
Assist with the annual application to renew the Tree City USA designation;
7. 
Recommend a list of tree species for planting on Public Property, and a list of prohibited species; and
8. 
Other duties that may be assigned by the Board of Aldermen.
F. 
Meetings. The Advisory Tree Board shall meet a minimum of four (4) times each year. All meetings shall be open to the public. The Board Chairman may schedule additional meetings as needed.
[Ord. No. 4335, 6-22-2023]
A. 
Authority To Plant And Maintain Public Trees. Unless otherwise provided herein, Public Trees may only be planted and maintained under the authority of the Director.
B. 
Standards. All planting and maintenance of Public Trees by the City shall conform to the American National Standards Institute (ANSI) A-300 "Standards for Tree Care Operations" and shall follow all tree care Best Management Practices (BMPs) published by the International Society of Arboriculture.
C. 
Requirements Of Franchise Utility Companies. The maintenance of Public Trees for utility clearance shall conform to all applicable utility industry standards.
D. 
Planting Distances. In no instance shall a Public Tree be planted closer than forty (40) feet from any intersection corner or within ten (10) feet of a fire hydrant.
[Ord. No. 4335, 6-22-2023]
A. 
It shall be unlawful to Damage or cause Damage to a Public Tree.
B. 
It shall be unlawful to cut or remove any Public Tree, except in accordance with Chapter 510, Excavations and Public Rights-Of-Way Management, or as otherwise specifically authorized by the Board of Aldermen.
C. 
It shall be unlawful to attach any cable, wire, sign, or any other object to any Public Tree.
D. 
It shall be unlawful to "Top" any Public Tree. Public Trees severely damaged by storms or other causes, where best pruning practices are impractical may be exempted from this provision at the determination of the Director.
E. 
Any person, firm, corporation, or City department performing construction near any Public Tree(s) shall consult with the Director and shall employ appropriate measures to protect the Public Tree(s), according to procedures contained in the Best Management Practices (BMPs) for "Managing Trees During Construction" published by the International Society of Arboriculture.
[Ord. No. 4335, 6-22-2023]
Should any word, sentence, clause, paragraph, or provision of this Chapter be held to be invalid or unconstitutional the remaining provisions of this Chapter shall remain in full force and effect.