Recognizing the positive cost-benefit ratio trees provide in maintaining a healthy urban ecosystem through their energy-saving and stormwater management potential, as well as their role in improving the quality of our community, it is the purpose of this chapter to provide for the regulation of the planting, maintenance, and removal of trees in the public right-of-way and on city-owned property, and to encourage the preservation of existing trees on private property where new development is planned.
(Ord. 1286 § 1, 1995; Ord. 1933 § 1 (Exh. A), 2023)
A. 
Appraisal. Tree appraisals shall use the Trunk Formula Method of the Council of Tree and Landscape Appraisers.
B. 
"City-owned property"
means property within the city limits of Burlington, and:
1. 
Owned by the city in fee simple absolute; or
2. 
Implied or expressly dedicated to the public for present or future use for purposes of vehicular or pedestrian traffic, or for public easements.
C. 
"Columnar tree"
means any tree growing in a symmetrical, pillar-like form with a spread at maturity equal to approximately half the height of the tree.
D. 
"Large tree"
means any mature tree which would reach a maximum height of more than 50 feet with a maximum spread of over 35 feet.
E. 
"Major pruning"
means cutting back of limbs larger than one and one-half inches in diameter on street trees.
F. 
"Medium tree"
means any mature tree which would reach a maximum height of 25 to 50 feet with a maximum spread of 35 feet.
G. 
"Park trees"
means trees, shrubs, bushes and all other woody vegetation in public parks having individual names, and all areas owned by the city, or to which the public has free access as a park.
H. 
"Planter strip," "planting strip," or "buffer strip"
means that portion of the right-of-way between the outside edge of the curb and the inside edge of the sidewalk.
I. 
"Small tree"
means any mature tree which would reach a maximum height of 25 feet with a maximum spread of 25 feet.
J. 
"Significant tree"
means an existing deciduous or coniferous tree six inches or more in diameter breast high (measured four feet, six inches above adjacent grade – "dbh"), of any species suitable for inclusion as permanent landscaping in a proposed development project. This also includes unusual, historical or rare trees.
K. 
"Street trees"
means trees, shrubs, bushes, and all other woody vegetation on public rights-of-way, land lying between property lines on either side of all streets, avenues, or boulevards, within the city.
L. 
"Topping"
means the severe cutting back of limbs to stubs larger than one and one-half inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree.
M. 
"Tree owner"
means the owner of the real property upon which 51 percent or more of the trunk is located at ground level.
N. 
"Tree plan"
means a plan developed and adopted pursuant to this chapter.
(Ord. 1286 § 1, 1995; Ord. 1933 § 1 (Exh. A), 2023)
The urban forestry board shall have the authority to develop and provide recommendations to the city council on a plan for the care, preservation, pruning, planting, replanting, removal, or disposition of trees and shrubs in parks, along streets, and in other public areas. The plan developed under this section shall be known as the "tree plan." The tree plan should, at a minimum, include a map of arterial streets with street tree species identified, along with a list of desirable trees for planting along other streets. The tree plan should also include lists of tree species not suitable for planting, such as poplar, willow, and cottonwood.
(Ord. 1286 § 1, 1995; Ord. 1933 § 1 (Exh. A), 2023)
A. 
Permit Required. A permit shall be required prior to any planting, removal, topping, and/or major pruning of street trees. No permit shall be required for work conducted by utility companies as minimally necessary to maintain safe clearances provided the community development department is notified and all such work in conducted in accordance with accepted arboricultural standards.
B. 
Application Requirements. Applications for street tree permits shall be made on forms provided by the community development department and shall include all of the information required by the form in addition to the items listed below. Only applications including all of the information required by this section shall be deemed complete for the purposes of complying with this chapter and BMC Title 14A.
1. 
Vicinity map;
2. 
A site plan drawn to scale depicting the location of any street trees to be planted, removed, or pruned;
3. 
The size and species of all proposed plantings;
4. 
The location and specifications of any required root barriers.
C. 
Review Process. Street tree permits shall be reviewed by the community development department for compliance with this chapter and other applicable Burlington Municipal Code requirements. The public works department shall review the application for consistency with applicable engineering, traffic safety, and design standards.
(Ord. 1286 § 1, 1995; Ord. 1799 § 19, 2014; Ord. 1933 § 1 (Exh. A), 2023)
A. 
Once adopted the planting, removal, topping, and/or major pruning of street trees shall be consistent with the adopted tree plan.
B. 
When trees are planted within five feet of a street, sidewalk, curb, underground utility, or other public improvement, root barriers shall be provided and trees shall be planted in pits of sufficient dimensions to accommodate future root development.
C. 
Consideration shall also be given to location of the tree(s) in relation to streets, sidewalks, curbs, gutters, overhead utility wires, fire hydrants, water and sewer lines, and other public improvements. No street tree shall be located in the public right-of-way that would damage any of the improvements listed herein.
D. 
No street trees other than species meeting the definition of "small trees" may be planted under or within 10 feet of any overhead utility wire, unless approved by the community development department.
(Ord. 1286 § 1, 1995; Ord. 1933 § 1 (Exh. A), 2023)
A. 
The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, and public grounds, as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds.
B. 
The city may remove or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines or other public improvements, or is affected with any injurious fungus, insect, or other pest. This section does not prohibit the planting of street trees by adjacent property owners providing that the selection and location of said trees is in accordance with this chapter and the tree plan.
(Ord. 1286 § 1, 1995; Ord. 1933 § 1 (Exh. A), 2023)
It shall be unlawful as a normal practice for any person, firm, or city department to top any street tree, park tree, or other tree on public property. Topping is defined as the severe cutting back of 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. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this chapter.
(Ord. 1286 § 1, 1995; Ord. 1933 § 1 (Exh. A), 2023)
Every tree owner of any tree overhanging any street or right-of-way within the city shall be responsible for pruning or causing to be pruned the branches so that such branches shall not severely obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of 13 feet above street surface or eight feet above the sidewalk surface. Said owner or owner's representative shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The city shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light, or interferes with visibility of any traffic control device or sign or sight triangle at intersections. Tree limbs that grow near high voltage electrical conductors shall be maintained clear of such conductors by the electric utility company in compliance with any applicable franchise agreements. A utility tree trimming policy must be reviewed by the tree board prior to any trimming by the utility company.
(Ord. 1286 § 1, 1995; Ord. 1933 § 1 (Exh. A), 2023)
All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.
(Ord. 1286 § 1, 1995; Ord. 1933 § 1 (Exh. A), 2023)
The city shall have the right to cause the removal of any dead or diseased trees on private property within the city, when such trees constitute a hazard to life and property, or harbor significant infestations of insects or disease which constitute a potential threat to other trees within the city.
(Ord. 1286 § 1, 1995; Ord. 1933 § 1 (Exh. A), 2023)
Any person, firm or corporation responsible for removing a street or park tree without a permit shall be subject to any applicable fines identified in the fee schedule adopted by the city council and shall be required to provide replacement trees. When required replacement trees shall either be provided on the site or on a designated public property.
(Ord. 1286 § 1, 1995; Ord. 1933 § 1 (Exh. A), 2023)
Appeals of decisions made pursuant to this chapter shall be filed and processed in accordance with the applicable procedures identified in BMC Title 14A.
(Ord. 1933 § 1 (Exh. A), 2023)