[HISTORY: Adopted by the City Council of the City of Colonial Heights 3-13-1984 as Ord. No. 84-6. Amendments noted where applicable.]
The following terms, unless a contrary meaning is required by the context or specifically otherwise prescribed, shall have the following meanings:
- PUBLIC RIGHTS-OF-WAY
- The full right-of-way width of any public street or alley within the corporate limits of the City of Colonial Heights.
- Any woody plant having a trunk with a diameter of six (6) inches or more, when measured four and one-half (4 1/2) feet above ground and located within a public right-of-way.
It shall be unlawful for any person, corporation or association to abuse or mutilate any tree, growing or standing, which is the property of the City of Colonial Heights. It shall also be unlawful to allow any gaseous, liquid or solid substance which is harmful to such tree to come in contact with its roots or leaves or otherwise prevent sufficient air, light or water from reaching the roots of the tree or to willfully nail to a tree any sign, notice or placard or to attach to a tree a bare or insulated wire which conducts electrical current or any other device that may reasonably be anticipated to be injurious to the tree.
It shall be unlawful for any private individual, contractor or firm to trim, cut or remove any tree which is within the public right-of-way, or the trunk of which is within the right-of-way, without first having obtained a permit from the City Manager.
No tree shall be designated by the City for removal, except according to the following procedure:
Each tree shall be marked with the letter "x," such marking to be placed with a material which will not be harmful to the tree and which is removable.
Each such tree shall be posted with a sign stating that the tree has been designated for removal and listing the name, address and telephone number of the City Manager, where such decision to remove the tree may be appealed. Such posting shall be either on the tree, in a manner which is not harmful to the tree or on a post alongside of the tree.
No tree so posted shall be removed for two (2) weeks after said posting. Within two (2) weeks of the posting, any person shall have the opportunity to submit, in writing to the City Manager, an appeal of the decision to remove the posted tree. The submission of such written appeal shall delay any action concerning the removal of the tree until such time as the City Manager has requested the Virginia Division of Forestry to submit such technical advice as the Division shall deem appropriate. Failure of the Division to submit advice within sixty (60) days may, in the discretion of the City Manager, operate to end the delay period. The City Manager shall determine whether or not there are any feasible alternatives to removal of the tree consistent with the public safety and welfare. If no such alternative exists, the City Manager shall order the tree removed. If alternatives are feasible and funds have been budgeted for the purpose, the City Manager shall ensure that such other action is taken.
The City Manager shall have the authority to order removal of any tree which is the property of the City without any notice or posting if, in his sole discretion, the tree poses an imminent hazard to the public health, safety and welfare or is irreparably damaging public facilities, such as streets, sidewalks, curbs and water and sewer lines, in such a way as to constitute an emergency.