[HISTORY: Adopted by the City Council of the City of Auburn 9-4-1997
by Ord. No. 23-1997. Amendments noted where applicable.]
As used in this chapter, the following terms shall have meanings indicated:
Trees, shrubs, bushes and all other woody vegetation in public parks
and all areas owned by the City or to which the public has free access as
a park.
Shrubs, bushes and all other woody vegetation on land lying between
property lines on either side of all streets, avenues or ways within the City.
The Department of Public Works shall be responsible for developing,
updating and administering a written plan for the inventory, care, preservation,
pruning, planting, replanting, removal or disposition of trees and shrubs
in parks, along streets and in other public areas. Such plan shall be presented
to the City Council and, upon its acceptance and approval, shall constitute
the official comprehensive tree plan for the City of Auburn.
A list of official tree species for the City of Auburn may change from
time to time due to the introduction of new species and hybrids. The Department
of Public Works is charged with creating and continually updating an official
tree list of small, medium and large species appropriate for urban planning.
As a long-term goal in protection against epidemic and widespread loss from
ice storms, those species should represent no more than 10% of the total number
of street trees and park trees owned by the City of Auburn.
The spacing of street trees shall be in accordance with the species size classes developed in § 277-3 of this chapter, and no trees may be planted closer together than the following, except in special plantings designed or approved by a landscape architect:
The distance trees may be planted from curbs or curblines and sidewalks shall be in accordance with the three species size classes listed in § 277-3, and no trees may be planted closer to any curb or sidewalk than the following:
No street trees shall be planted closer than 40 feet to any street corner,
measured from the point of the nearest intersecting curbs or curblines. No
street tree shall be planted closer than 10 feet to any fireplug, stop sign
or streetlight.
No street trees, other than those species listed as small trees in § 277-3 of this chapter, may be planted over or within five lateral feet of any underground waterline, sewer line, transmission line or other utility.
A.Â
The City shall have the right to plant, prune, maintain
and remove trees, plants and shrubs within the lines of all streets, alleys,
avenues, lanes, squares and public grounds as may be necessary to ensure public
safety or to preserve or enhance the symmetry and beauty of such public grounds.
B.Â
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, waterlines
or other public improvement or is infected with any injurious fungus, insect
or other pest.
It shall be unlawful, as a normal practice, for any person or firm 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
or where other pruning practices are impractical may be exempted from this
section at the determination of the Department of Public Works.
Every owner of any tree overhanging any street or right-of-way within
the City shall prune the branches so that such branches shall not obstruct
the light from any streetlamp, obstruct the view of any street intersection
or interfere with visibility of any traffic control device or sign and so
that there shall be a clear space of 12 feet above the surface of the street
or sidewalk. In the event that the owner fails to prune the offending branches
after five days' written notice from the Department of Public Works,
the City shall have the right, at its own cost, to prune the offending branches
and remove the obstruction.
The City shall have the right to cause the removal of any broken or
decayed limbs or any dead or diseased tree on private property within the
City, when such tree or part thereof constitutes a hazard to life and property
or harbors insects or disease which constitutes a potential threat to other
trees within the City. The City will notify, in writing, the owners of such
trees. Removal shall be done by said owners at their own expense within 60
days after the date of service of notice. In the event of failure of owners
to comply with such provisions, the City shall have the authority to remove
such trees and charge the cost of removal to the property owner. Said cost
shall constitute a lien on the property upon which the tree is located and
may be collected in the same manner as the collection of delinquent taxes.
A.Â
An abutting landowner seeking removal of a dead, diseased,
healthy or live tree situate on a public right-of-way shall file a petition
with the Department of Public Works seeking permission for removal.
B.Â
Petitions for removal of a healthy or live tree must
demonstrate that removal will be of greater benefit to the inhabitants of
the City than the existing tree or trees sought to be removed.
C.Â
In determining whether removal of a healthy or live tree
is in the best interest of the City, the Department of Public Works may recommend
to the City Manager the removal of same if it determines that:
D.Â
Trees that are ordered removed by the City Manager upon
the recommendation of the Department of Public Works pursuant to this section
must be replaced two trees for one.
E.Â
No person or entity shall cut down any park or street tree, or
cut any branch or limb therefrom, or otherwise disrupt or degrade tree form
or health, without a written permit from the Department of Public Works arborist
or his/her designee.
[Added 4-13-2006 by Ord. No. 7-2006]
F.Â
No public service corporation or agent thereof shall trim trees
in or on City street rights-of-way or public places for overhead utility line
clearance without a written permit from the Department of Public Works arborist
or his/her designee.
[Added 4-13-2006 by Ord. No. 7-2006]
G.Â
Persons, entities and/or City departments conducting regular
maintenance work on street trees and/or shrubs may be granted general permits
to cover their work on a yearly basis.
[Added 4-13-2006 by Ord. No. 7-2006]
Any person violating any provision of this chapter shall be, upon conviction
or a plea of guilty, subject to a fine not to exceed $500.
