This chapter establishes policies, regulations and standards necessary
to ensure that the City of Lexington will continue to realize the benefits
provided by its trees. The provisions of this chapter are enacted to:
A. Establish and maintain the maximum sustainable amount
of tree cover on public and private lands in the City.
B. Maintain City trees in a healthy and nonhazardous condition
through good arboricultural practices.
C. Establish and maintain an optimal level of age and species
diversity.
D. Promote conservation of tree resources.
E. Select, situate and maintain public trees to maximize
benefits and minimize hazard, nuisance and hardscape damage and manage costs
at an appropriate level.
F. Coordinate tree management under a person or agency with
the necessary expertise.
G. Foster community awareness and support for a local urban
forestry program and foster good tree management on privately owned properties.
For the purpose of this chapter, the following words and phrases shall
have the meanings respectively ascribed to them by this section:
CITY
The City administration and/or City Council unless the context in
which the term is used indicates otherwise.
CITY ARBORIST
A person receiving training or trained in arboriculture, forestry,
horticulture, and/or landscape architecture in the employ of or under contract
to the City, duly appointed by the City Manager, and charged with the responsibility
of enforcing the provisions of this chapter.
COMMUNITY TREE
A tree located on private property identified by the City Arborist
with the concurrence of the property owner as worthy of identification and
preservation.
CRITICAL ROOT ZONE
That area which falls within a tree's dripline (a vertical line extending
from the outermost portion of the canopy to the ground).
DBH
Diameter of a tree trunk at 4.5 feet above grade.
HAZARD TREE
Any tree which by virtue of its condition, surroundings, and tendency
to fail constitutes a risk to life, health, or property.
INTENTIONALLY PLANTED TREE(S)
Any tree or trees planted on property owned by the City, in the right-of-way
or on private property that is or are planted pursuant to the City's Comprehensive
Tree Management Plan; any tree or trees donated in part or whole and planted
with permission of the landowner; and trees planted pursuant to an approved
conditional use permit, approved site plan, approved subdivision or planned
unit development.
MAINTENANCE
Includes all operations of trimming, pruning, spraying, injecting,
fertilizing, treating, bracing, and cutting above or below the ground.
PARK
Public parks or public open spaces having instituted names.
PROTECTED TREE
Any tree afforded protection under the terms of this chapter, including
public trees, community trees, and intentionally planted trees.
PUBLIC AREA
All public land and rights-of-way within the corporate limits of
the City owned or held by the City, including rights-of-way for streets, alleys,
sidewalks, utility lines and facilities, median strips and other City facilities,
including parks and cemeteries.
PUBLIC UTILITY COMPANY
Any corporation, company, individual, association, or cooperative
that is a public utility as defined in § 56-232 of the Code of Virginia,
1950, as amended.
TREE
Any self-supporting woody plant growing upon the earth that usually
possesses one main trunk and produces a more or less distinct and elevated
head with many branches.
It shall be the policy of the City to:
A. Recognize that trees are a vital part of the urban infrastructure.
B. Promote the planting of site-appropriate trees along
City streets.
C. Plant trees in "pocket parks" in the downtown area to
preserve views and reduce conflicts between buildings and trees.
D. Properly plant and maintain trees to promote their longevity
and safety.
E. Conduct a consistent and adequate program for maintaining
and preserving trees.
F. Promote the involvement of both the public and private
sectors in maintaining the health of the "community forest" of the City.
G. Identify and/or accept nominations for community trees
located on private property, provide appropriate documentation of any such
trees and provide for continuing protection of the same upon transfer of ownership
of the property.
This chapter hereby establishes the position of City Arborist, whose authority and responsibilities are defined in §§
380-14 and
380-16 of this chapter. The City Arborist shall be appointed by and shall act under the direction and control of the City Manager or his designee.
This chapter hereby establishes a City Council-appointed Tree Board
with comment authority to serve as an advisory board to the City Council,
Planning Department, and City Arborist. The Tree Board shall consist of five
members appointed for three-year staggered terms.
The City Arborist shall have the authority to formulate, revise, and
administer a Comprehensive Tree Management Plan known hereafter as the "plan."
The plan shall be reviewed and approved by the Tree Board and the City Council.
The plan shall govern tree planting, maintenance and removal of trees planted
along City streets in public areas and make provisions for educating the public
about trees.
All plantings existing or installed on any public area located within
the corporate limits and owned by the City shall become the property of the
City and be under the control of the City and subject to all regulations of
the City.
Any action of the City Arborist or his or her designee may be appealed
to and heard by the Tree Board. An appeal, to be effective, must be filed
within 15 days after the action of the City Arborist or his or her designee.
The appeal shall be in writing and shall clearly specify the reason or reasons
for which a hearing is requested. After a hearing, the Tree Board shall render
its decision. Any action of the Tree Board may be appealed to and heard by
the City Manager. This appeal must be filed within 15 days after the decision
of the Tree Board, must be in writing, and must clearly specify the reasons
for which a hearing is requested. Decisions of the City Manager shall be final.
Unless specified elsewhere, violation of any section of this chapter
shall be an unclassed misdemeanor punishable by a fine as set forth in the
annual appropriations resolution.
The City Arborist is hereby charged with the responsibility for the
enforcement of this chapter and may serve notice to any person in violation
of it or may recommend the institution of legal proceedings as may be required.
The City Manager may request the City Attorney to institute appropriate legal
proceedings to that end.
The City Arborist shall collect and maintain all records and data necessary
to evaluate whether progress is being made toward the stated goals of this
chapter. An annual summary and analysis of the evaluation and recommendations
for action shall be prepared and presented to the City Council.