[HISTORY: Adopted by the City Council of the City of Lewes 5-14-2001. Amendments noted where applicable.]
A.
To define and establish responsibility/authority for the management
of the City's urban forest by the Lewes Parks and Recreation
Commission ("PRC"). Its jurisdiction is intended for public trees,
not those on private lands except as they affect public lands. PRC
will act as a resource for others where needed to ensure that the
City will continue to realize the benefits provided by trees.
B.
This chapter establishes policies, regulations and standards necessary
to accomplish the goals of the PRC to:
(1)
Establish and maintain the appropriate amount of tree cover on public
lands and maintain an inventory of its City trees.
(2)
Maintain City trees in a healthy and nonhazardous condition through
good arboricultural practices.
(3)
Establish and maintain diversity toward native tree species and age
classes to provide a healthy and stable urban forest.
(4)
Assist and work with persons as they develop their properties, including
new residential, commercial or industrial sites, to preserve existing
trees or oversee proper replacement of trees removed from the site
being developed.
C.
The PRC will assist the following agencies named under the Code of
the City of Lewes:
(1)
"Commercial Architectural Review Commission" (C.A.R.C.) as established under Chapter 70, Article IV, Commercial Architectural Review Commission, of the Code of the City of Lewes.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(3)
"Developer" includes an individual, group of individuals or corporation
or other entity having intent to develop and/or subdivide a lot, piece
or parcel of land for the purpose of transfer of ownership or leasehold
or building development.
As used in this chapter, the following terms shall have the
meanings indicated:
American National Standards Institute, Inc., Standard Practices
for Tree Care Operations - Tree, Shrub and Other Woody Plant Maintenance.
Lewes Parks and Recreation Commission.
The diameter of the tree trunk at a height of 4.5 feet from
the ground.
"Developer" as defined under Chapter 170 of the Code of the City of Lewes.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
International Society of Arboriculture.
Shall be selected to be any tree exceeding 45 feet at maturity.
Shall be selected to not exceed 45 feet in height at maturity.
Trees and shrubs in public parks, public open spaces and
all areas to which the public has free access, except rights-of-way
owned by the City.
A natural person, individual, partnership, corporation, limited-liability
company, trust, voluntary association, club, society or any group
of persons acting as a group.
A mandatory term.
Shall be selected to not exceed 15 to 20 feet in height at
maturity.
Trees and shrubs on public land lying between the curb and
sidewalk of all streets, avenues or alleys within the City limits.
The severe internodal cutting back of limbs to stubs larger
than three inches in diameter within the tree's crown to such
a degree as to remove the normal canopy and disfigure the tree.
A.
The PRC, as established in Chapter 40 of the Code of the City of Lewes, is the designated "Tree Authority" for the City of Lewes.
B.
Emergency situations. Emergency situations, i.e., fallen limbs, where
immediate attention to protect the public's safety is required,
the PRC Chairperson shall use his/her discretion to rectify the problem
in an expedient manner within the terms of this chapter and subsequently
report this activity to PRC.
C.
Duties of the Tree Authority:
(1)
To complete a street/park tree inventory; review and update the information
every two years.
(2)
To develop and maintain a street/park tree master plan for the City
of Lewes. Such a plan shall contain a recommended tree species planting
list and shall govern the sizes of trees that can be planted in areas
of its jurisdiction.
(3)
To study, investigate, develop and/or update a written plan for the
care, preservation, pruning, planting, replanting, removal or disposition
of trees and shrubs in parks, along streets and in other public areas.
Such plan will be presented annually to City Council; upon their acceptance
and approval shall constitute the official Comprehensive Tree Plan
for the City of Lewes. PRC, when requested by City Council, shall
consider, investigate, make findings, recommendations, in report form,
upon any special matter coming within the scope of its work.
(4)
To prepare and submit a tree planting, garden and maintenance budget
to City Council by January 1. This proposal shall be discussed during
workshop sessions with Council as its budget is being prepared before
April 1.
(5)
To make application for and receive grants or contributions of money,
technical assistance and labor from any person, organization or agency;
to expend such grants or contributions for specific projects relating
to the planning, management, care, planting and preservation of trees
in the community forest and for the beautification of Lewes.
(6)
To define work specifications in order to request bid submissions
from qualified contractors, initiate contracts and arrangements for
the proper care, planting or preservation of trees.
(7)
To educate the public about the benefits of trees and their proper
care.
D.
Operation of PRC. PRC shall appoint an educational liaison from its
membership to work with the public. When a greater level of expertise
is needed, the PRC can request assistance from Sussex County Cooperative
Extension Agency and/or Delaware Department of Agriculture Forest
Service (Urban and Community Forestry Program), or if such does not
exist, the successor agency or one of similar purpose.
A.
Spacing of trees. The spacing of street trees will be in accordance
to the growth characteristics of the ultimate tree canopy with the
three species size classes; except in special plantings designed by
a landscape architect at the request and approval of PRC. Such design
work will be handled by a standard competitive bid process.
B.
No street tree shall be planted as to constitute a safety hazard.
(1)
Utilities. No street trees other than those classified as "small"
trees shall be planted so as to create a hazard to utilities.
(2)
Tree size. All street trees shall conform to American Association
of Nurseryman Standards and be a least 1 1/4 inches to 1 1/2
inches to dbh and at least eight feet to 10 feet tall when planted
unless special conditions exist and the Commission approves a deviation.
(3)
Planting. Delaware Department of Agriculture Forest Service Urban
and Community Forest Program recommended planting techniques for the
type of tree to be planted (balled and burlap, containerized, bare
root) shall be followed. Such specifications are to be given contractors
each time a contract for tree planting is awarded.
(4)
Species to be planted. PRC shall determine that appropriateness of
trees within the City of Lewes. No individual person or organization
is allowed to plant on these public grounds without first receiving
written permission from the PRC. The Tree Master Plan and recommended
species list shall be the followed guideline.
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, parks and public grounds, as may be necessary to ensure public
safety or to preserve or enhance the symmetry and beauty of such grounds.
It shall be the responsibility of the PRC to provide adequate maintenance
for all City park and street trees.
B.
The Lewes Board of Public Works, with notice to the PRC with reasons
stated, may remove or order the removal of any tree or part thereof
(using ANSI A300 Standards) which is in a hazardous condition or which
by reason of its nature is injurious to sewer lines, electric power
lines, gas lines, water lines or other public improvements or is infected
with disease or infested with pests. The Board of Public Works shall
handle all power line/utility clearance pruning using ANSI A300 Pruning
Standards. The PRC will be responsible for all other maintenance of
City trees.
C.
No property owners shall plant, spray, prune, remove, cut above or
below ground or otherwise disturb any street or park trees without
first receiving permission from the PRC. Any street or park trees
removed by a property owners shall be replaced at the property owner's
expense.
D.
A property owner or hired contractor using pruning practices other
than those defined in ANSI A300 to prune a street or park tree shall
be responsible for the cost of subsequent correct pruning and/or replacement
with a new tree.
E.
Any individual or firm contracted by the Commission, the Board of
Public Works or a private property owner to provide pruning maintenance
on street or park trees is required to follow ANSI A300 standard practices.
Except as otherwise provided, it shall be unlawful for any person,
firm, City department or utility company to "top" any street tree,
park tree or other tree on public property. No street or park trees
are to be exempted from this specific practice.
Every property owner of any tree overhanging any street or right-of-way
within the City shall prune (under ISA standards) the branches so
that such branches shall not obstruct the light from any street lamp
or obstruct the view of any street location. Trees or other vegetation
shall also be pruned to provide a clear space above the surface of
sidewalks and streets to allow for unobstructed passage of pedestrians
and vehicles. Said owners shall remove all dead, diseased or hazardous
trees, or broken or decayed limbs that constitute a hazard to the
safety of street intersection. Upon finding any of the above conditions,
the PRC shall request the City Building Official notify the property
owner of the problem(s) and direct the property owner to correct the
problem(s) in a timely manner. The property owners shall have 10 days
from the date of that notice to comply and have the tree(s)/shrub(s)
pruned. If such owner does not agree with such directive, he or she
may appeal to City Council within 10 days. However, after that time
period the PRC and its contracted agent shall have the right to enter
onto private property, if necessary, in order to prune any tree when
it interferes with the proper spread of streetlighting or interferes
with visibility of any traffic control device or sign with the safe
passage of pedestrians and vehicles. The property owner shall be responsible
for the cost of this maintenance.
A.
The PRC shall have the right to remove any dead, diseased, pest-infected
or other hazardous trees on City-owned property when such items constitute
a hazard to life or property in the public right-of-way.
B.
The PRC shall have the right to request that the Lewes Building Official
notify private property owners to have dead, diseased or pest-infected
trees on their property treated by an ISA-certified arborist or removed
when said trees are in such close proximity to City trees so as to
pose a threat to the health of City-owned trees or a threat to the
public. Should the property owner not comply with such request within
30 days after the date the notice is served, the Commission and/or
its contracted agent shall have the right to enter onto private property
to have the tree(s) treated or removed at the property owner's
expense.
C.
When the PRC plants a tree, all costs involved in removing the tree/stump,
and repairing damage to sidewalks and curbs, are the City's responsibility.
The City shall be responsible for all trees existing on City property
at the date of this chapter whether planted by the City or not.
All stumps of street and park trees shall be removed to six
inches below grade at the time the tree is removed so they do not
pose a hazard to the public.
A tree is to be planted and allowed to become established in
close proximity to a declining tree, for a period of at least five
years prior to removal of the declining tree. When such replacement/establishment
policy, in accordance to the Master Tree Plan, cannot be followed
due to time constraints, prior to removal of declining tree, any tree
that is removed by the PRC shall be replaced by one or more trees
of an appropriate species as noted in the table below. One of the
required number of trees shall be planted in as close proximity to
the one removed as is feasible and the remaining specified number
within one year from the date of removal.
|
dbh of Tree Removed
(inches)
|
Replacement Quantity
|
Minimum dbh of Replacement(s)
(inches)
|
|---|---|---|
|
Less than 6
|
1
|
1-3/4
|
|
6 to 9
|
1
|
1-3/4
|
|
9 to 12
|
2
|
1-3/4
|
A.
In new residential, commercial or industrial developments, the developer
is responsible for new street tree plantings. The City Building Official,
the Lewes Planning Commission and the Commercial Architectural Review
Commission are responsible for making prospective developers aware
of this requirement prior to the project design phase. The PRC shall
be responsible for assisting the developer with placement, spacing
and species selection. The developer shall purchase and plant street
trees in the public right-of-way no smaller than 1 1/2 inches in caliper (dbh) which conform in species
and spacing as noted in this document and in the developer's
master plan.
B.
In new residential, commercial or industrial developments the developer
should present long-range landscape projections and plans at the initial
phases of development for approval by the City. These plans should
consider the desirability of planting a proportional distribution
of mature native trees. Protection of existing trees, hedgerows and
natural cover strips should be encouraged. The PRC may assist the
developer in these regards.
C.
City street renovation projects shall make provisions for street
tree plantings. The PRC shall work with the contracted project engineer/landscape
architect during the design and implementation phases of the project
and shall be responsible for making the final recommendations.
It shall be unlawful for any person to prevent, delay or interfere
with those doing PRC assignments, i.e., mulching, weeding, pruning,
spraying or removing any street tree, park tree or those on City-owned
or private property, as authorized in this chapter.
Unless specifically authorized in writing by the PRC, no person
shall intentionally damage, cut, carve, transplant or remove any tree;
attach any rope, wire, nails, advertising posters or other contrivance
to any tree; allow gaseous liquid or solid substance which is harmful
to such trees to come in contact with the tree or root zones; or set
fire to burn when such fire or heat thereof will injure any portion
of any tree on City property.
It shall be unlawful for any person to engage in the business
or occupation of pruning, treating or removing street or park trees
within the City without first applying for and procuring a City of
Lewes business license.
A.
Any firm contracted by the PRC or the Board of Public Works to prune
or remove a City-owned tree shall show proof of ISA certification
to the PRC and shall be familiar with and follow ANSI A300 standard
pruning practices before a contract for the work can be awarded.
B.
Any firm contracted by the PRC, or its agents, to spray for or otherwise
treat pests and diseases shall show proof that it is an ISA-certified
arborist and holds a current Delaware Pest Control Operators license.
C.
Firms contracted by the PRC, its agents or the Board of Public Works,
shall provide to the City Manager or Board of Public Works General
Manager, respectively, proof of workman's compensation insurance
and adequate liability insurance coverage in the minimum amounts of
$1,000,000 for damage and $1,000,000 for property damage, indemnifying
the City or any person injured or damaged resulting from the pursuit
of such endeavors as described herein.
The Mayor and City Council shall have the right to review the
conduct, acts and decisions of the PRC. Any person may appeal any
ruling or order of the PRC to the Mayor and Council, who may hear
the matter and make a final decision.
Any person violating any provision of this chapter shall, upon
conviction, or plea of guilty, be subject to a fine not to exceed
$250 per incident. These funds shall be entered into the PRC account
to fund the replacement of the damaged tree. In addition, the City
has the right to assess the individual/business for legal fees related
to the enforcement of this chapter as well as the Victim's Compensation
Fund assessments imposed by the courts.
