[HISTORY: Adopted by the City Council of
the City of Saco 5-1-1995 as Ch. XIX of the 1994 Code. Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Municipal Tree Regulations of the City of Saco."
For the purposes of this chapter, the following
definitions shall apply, unless the context clearly indicates another
meaning:
The designated official of the City of Saco assigned to carry
out the enforcement of this chapter.
The designated department of the City under whose jurisdiction
park and/or street trees fall.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
The outer edge of a street or highway right-of-way.
The person owning such property as shown by the Tax Maps
of the City of Saco, unless proof to the contrary is available.
All grounds owned by the City of Saco.
All shade and ornamental trees now or hereafter growing on
any street or any public areas or trees standing on the public and
private property line, in which case 1/2 or more of the tree trunk
is standing on public property.
The entire width of every public way or right-of-way when
any part thereof is open to the use of the public as a matter of right.
That part of a street or highway, not covered by sidewalk
or other paving, lying between the property line and that portion
of the street or highway usually used for vehicular traffic.
LARGE TREESDesignated as those attaining a height of 45 feet or more.
MEDIUM TREESDesignated as those attaining a height of 30 feet to 45 feet or more.
SMALL TREESDesignated as those attaining a height of 20 feet to 30 feet.
The duties of the Parks and Recreation Department
shall be as follows:
A.
To assist the properly constituted officials and citizens
of the City in the dissemination of news and information regarding
the selection, planting and maintenance of trees within the corporate
limits, whether the same shall be on private or public property, and
to make such recommendations to the City Council as to desirable legislation
concerning the tree program and activities for the municipality.
B.
To provide regular and special public meetings at
which the subject of trees, insofar as it relates to the City, may
be discussed.
A.
Appointment and qualifications. The Municipal Tree
Warden shall be a person skilled and trained in the arts and sciences
of municipal arboriculture, landscape horticulture, park administration
or a closely related field.
B.
Duties of the Tree Warden. The Municipal Tree Warden
shall have the authority to promulgate the rules and regulations of
the arboricultural specifications and standards of practice governing
the planting, maintenance, removal, fertilization, pruning and bracing
of trees on streets or other public sites in the City and shall direct,
regulate and control the planting, maintenance and removal of all
trees growing now or hereafter in any public area of the City of Saco.
He/She shall cause the provisions of this chapter to be enforced.
In his/her absence these duties shall be the responsibility of a qualified
alternate designated by the City Administrator.
C.
Authority of the Tree Warden.
(1)
General authority and jurisdiction. The Tree Warden
shall have the authority and jurisdiction of regulating the planting,
maintenance and removal of public trees on streets and other publicly
owned property to ensure safety or preserve the aesthetics of such
public sites.
(2)
Supervision. The Tree Warden shall have the authority
and it shall be his/her duty to supervise or inspect all work done
under a permit issued in accordance with the terms of this chapter.
(3)
Condition of permit. The Tree Warden shall have the
authority to affix reasonable conditions to the granting of a permit
in accordance with the terms of this chapter.
(4)
Master Street Tree Plan. The Tree Warden shall have
the authority to formulate a Master Street Tree Plan with the advice
and approval of the appropriate committee. The Master Street Tree
Plan shall specify the species of trees to be planted on each of the
streets or other public sites of the City. From and after the effective
date of the Master Street Tree Plan, or any amendment thereof, all
planting shall conform thereto.
(a)
The Tree Warden shall consider all existing
and future utility and environmental factors when recommending a specific
species for each of the streets and other public sites of the City.
(b)
The Tree Warden, with the approval of the Tree
Committee, shall have the authority to amend or add to the Master
Street Tree Plan at any time that circumstances make it advisable.
A.
Permit required. No person shall plant, spray, fertilize,
preserve, prune, remove, cut above ground or otherwise disturb any
tree on any street or City-owned property without first filing an
application and procuring a permit from the Tree Warden or otherwise
specified municipal authority. The person receiving the permit shall
abide by the arboricultural specifications and standards of practice
adopted by the Tree Warden. In emergency situations, such as storm
damage to trees, requiring immediate pruning or removal, the work
may be done. The Tree Warden must, however, be informed of such action
within two days thereafter.
B.
Applications. Application for permits must be made
at the office of the Parks and Recreation Department not less than
48 hours in advance of the time the work is to be done. Applications
for planting shall state the number of trees to be set out; the location,
grade, species, cultivar or variety of each tree; the method of planting;
and such other information as the Tree Warden shall find reasonably
necessary to a fair determination of whether a permit should be issued.
C.
Standards of issuance. The Tree Warden shall issue
the permit provided for herein if, in his/her judgment, the proposed
work is desirable and the proposed method and workmanship thereof
are of a satisfactory nature. Any permit granted shall contain a definite
date of expiration, and the work shall be completed in the time allowed
on the permit and in the manner as therein described. Any permit shall
be void if its terms are violated.
D.
Notice of completion. Notice of completion shall be
given within five days to the Tree Warden for his/her inspection.
A.
Replanting by City. Whenever it is necessary to remove
a tree or trees from a tree lawn in connection with the paving of
a sidewalk or the paving or widening of the portion of a street or
highway used for vehicular traffic, the municipality shall replant
such trees or replace them. Provided that conditions prevent planting
on tree lawns, this requirement will be satisfied if any equivalent
number of trees of the same size and species as provided for in the
arboricultural specifications are planted on the adjoining property.
B.
Removal; permits and replacement required. No person
or property owner shall remove a tree from the tree lawn for the purpose
of construction or for any other reason without first filing an application
and procuring a permit from the Tree Warden and without replacing
the removed tree or trees in accordance with the adopted arboricultural
specifications. Such replacement shall meet the standards of size,
species and placement as provided for in a permit issued by the Tree
Warden. The person or property owner shall bear the cost of removal
and replacement of all trees removed.
C.
Removal of elm trees. The City of Saco will prune
and remove diseased elm trees up to and including tree trunks standing
30 feet on private property measured from the end of the public property
line.
It shall be the duty of any person or persons
owning or occupying real property bordering on any street upon which
property there may be trees to prune such trees in such manner that
they will not obstruct or shade the streetlights, obstruct the passage
of pedestrians on sidewalks, obstruct vision of traffic signs or obstruct
view of any street or alley intersection. The minimum clearance of
any overhanging portion thereof shall be 10 feet over sidewalks and
12 feet over all streets, except truck thoroughfares, which shall
have a clearance of 16 feet.
Unless specifically authorized by the Tree Warden,
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 any gaseous liquid or solid substance
which is harmful to such trees to come in contact with them; or set
fire or permit any fire to burn when such fire or the heat thereof
will injure any portion of any tree.
No person shall hinder, prevent, delay or interfere
with the Tree Warden or any of his/her assistants while engaged in
carrying out the execution or enforcement of this chapter; provided,
however, that nothing herein shall be construed as an attempt to prohibit
the pursuit of any remedy, legal or equitable, in any court of competent
jurisdiction for the protection of property rights by the owner of
any property within the City.
A.
Guards. All trees on any street or other publicly
owned property near any excavation or construction of any building
or structure or street work shall be guarded with a good, substantial
fence, frame or box not less than four feet high and eight feet square
or at a distance, in feet, from the tree equal to the diameter of
the trunk, in inches [diameter at breast height (DBH)], whichever
is greater, and all building material, dirt or other debris shall
be kept outside the barrier.
B.
Construction permits required. No person shall excavate
any ditches, tunnels or trenches or lay any drive within a radius
of 10 feet from any public tree without first obtaining a written
permit from the Tree Warden.
No person shall deposit, place, store or maintain
upon any public place of the City any stone, brick, sand, concrete
or other materials which may impede the free passage of water, air
and fertilizer to the roots of any tree growing therein, except by
written permit of the Tree Warden.
