A.
Purpose and intent. This section established policies, regulations, and standards regarding planting, maintenance, and removal of trees or shrubs on tree borders, public streets and other public property. The provisions of this section are enacted, but not limited, to:
(1)
Maintain trees in a healthy and nonhazardous condition through good arboricultural practices.
(2)
Select, situate and maintain street trees to minimize hazard, nuisance, hardscape damage and maintenance costs.
(3)
Facilitate the resolution of tree-related conflicts.
(4)
Establish and maintain diversity in tree species and age classes to provide a stable and sustainable urban forest.
B. PARK TREE PUBLIC NUISANCE STREET TREE TREE TOPPING
Definitions. As used in this section, the following terms shall have the meanings indicated:
[Amended 5-15-2007 by Ord. No. 6-07]
Trees or shrubs on land in parkways and public parks having individual names and all areas belonging to the City to which the public has free access as a park.
Any tree, shrub or part thereof which by reason of its condition and/or situation interferes with the use of the public area; those which jeopardize public health and safety are most commonly declared to be public nuisances.
Trees or shrubs on land lying between the lot line and the curb or in the median of all boulevards, culs-de-sac and parkways belonging to the City.
Severe cutting back of limbs to remove the normal canopy and disfigure the tree.
C.
Duties of City Forester. The City Forester shall:
(1)
Develop and/or annually update the comprehensive management plan and administer a written plan for the care, preservation, pruning, planting/replacement, removal or disposition of street and park trees.
(2)
Administer an Urban Forestry Plan and this section.
(3)
Direct municipal tree care operations, including planting, maintenance and removal.
(4)
Prepare the municipal tree care budget.
(5)
Seek funding from state, federal and other granting agencies.
(6)
Enforce the provisions of this section.
(7)
Perform whatever acts are necessary, including the planting and maintenance of trees and the removal of undesirable trees and shrubs located on City-owned property, to ensure that all trees and shrubs located on City-owned property conform to the Urban Forestry Plan, the Arboricultural Specifications Manual and this section.
D.
Tree species to be planted. The City Forester develops and maintains a list of desirable trees for planting along streets in three size classes based on mature height: small trees (under 20 feet), medium trees (20 to 40 feet) and large trees (over 40 feet). A list of trees not suitable for planting will also be created. The Forester may approve any other tree species not on this list, in his/her discretion, and may add or delete any species listed. The following enumerated species of trees or such other trees as may be subsequently approved by the Parks and Recreation Commission or Common Council are acceptable to plant on the tree terraces in the City of Jefferson with approval by the Forester:
[Amended 10-18-2005 by Ord. No. 17-05]
(1)
Approved large trees (40 feet to 100 or more feet) (tree terrace width eight feet or more):
Common Name | Scientific Name | |
|---|---|---|
Sugar Maple | Acer saccharum | |
Common Hackberry and cultivars | Celtis occidentalis | |
Green Ashes: Summit, Patmore | Fraximus Pennsylvanica | |
Gingko | Gingko Biloba | |
Kentucky Coffeetree | Gymnocladus diocus | |
White Oak | Quercus Alba | |
Swamp White Oak | Quercus Bicolor | |
Bur Oak | Quercus macrocarpa | |
Red Oak | Quercus rubra | |
English Oak | Quercus Robur | |
Baldcypress | Taxodium Distichum | |
Redmond Linden | Tilia Americana "Redmond Linden" | |
Greenspire Linden | Tilia cordata "Greenspire" | |
Chancellor Linden | Tilia cordata "Chancellor" | |
Glenleven Linden | Tilia cordata "Glenleven" | |
Horizon Elm | Ulmus Hybrid "New Horizon" | |
Regal Elm | Ulmus Hybrid "Regal" |
(2)
Approved medium trees (for tree terraces six feet to eight feet wide):
Common Name | Scientific Name | |
|---|---|---|
Amur corktree | Phellodendron amurense | |
Sargent Cherry | Prunus Sargentii | |
Canadian Red Cherry | Prunus virginiana "Schubert Select" | |
Hophornbeam | Ostrya virginiana |
(3)
Approved small trees (for tree terraces four feet to six feet wide):
Common Name | Scientific Name | |
|---|---|---|
Amur Maple — "Tree form" | Acer ginnala | |
Thornless Cockspur Hawthorn | Crataegus crus-galli vaninermis | |
Japanese Flowering Crabapple | Malus floribunda | |
Professor Sprenger Crabapple | Malus "Professor Sprenger" | |
Prairiefire Crabapple | Malus "Prairiefire" | |
Red Baron Crabapple | Malus "Red Baron" | |
Red Jewel Crabapple | Malus "Red Jewel" | |
Sentinel Crabapple | Malus "Sentinel" | |
Snowdrift Crabapple | Malus "Snowdrift" | |
Japanese Tree Lilac | Springa reticulata "Ivory Silk" |
(4)
Restricted species. These species compose too large of a percentage of the street tree population at the present time:
Common Name | Scientific Name | ||
|---|---|---|---|
Norway maples (all) | Acer Platanoides sp. | ||
Autumn Blaze | |||
Cleveland | |||
Crimson King | |||
Deborah | |||
Emerald Lustre | |||
Emerald Queen | |||
Erectum | |||
Globosum | |||
Schwedleri | |||
Summershade | |||
Green Ash | Fraxinus Americana | ||
Honeylocusts (all) | Gleditsia tricanthos inermis | ||
Imperial | |||
Moraine | |||
Shademaster | |||
Skyline | |||
(5)
Prohibited trees, listed in the Urban Forestry Plan as "Unsuitable Street Trees":
Common Name | Scientific Name | |
|---|---|---|
Fir Species | Abies sp. | |
Box elder | Acer negundo | |
Silver Maple | Acer saccharinum | |
Birch | Betula sp. | |
Catalpa | Catalpa sp. | |
Juniper | Juniperus sp. | |
Mulberry | Morus sp. | |
Spruce | Picea sp. | |
Pine | Pinus sp. | |
Black Locust | Robinia sp. | |
Willow | Salix sp. | |
American Elm | Ulmus "non-resistant" | |
Poplar | Populas |
E.
Planting requirements. Planting requirements are determined by the City Forester.
F.
Responsibilities of property owners regarding maintenance and corner clearance.
(1)
It shall be the duty and responsibility of all property owners to maintain and water recently transplanted and mature City trees whenever landscaping of the property is changed in such manner as to deprive the tree of its normal source of moisture. Such watering shall be continued during dry weather until the street tree becomes acclimated to the new environment but need not exceed three years. All watering requirements shall be waived to the extent they are inconsistent with governmental restrictions on water use.
(2)
The owner or occupant of any lot or parcel of real estate in the City shall, upon 10 days' written notice from the City Forester, trim and remove so much of the branches of trees thereon as will give a clear space of eight feet between the sidewalk and the lowest branch of such tree or trees above such sidewalk, and more than 12 feet between the street and the lowest branch of such tree or trees above such street a distance of four feet from the curb, and prune any tree or shrub which extends onto City property when it interferes with the proper spread of light along the street from a streetlight or interferes with the visibility of any traffic control device or sign or sight triangle at intersections. If such owner or occupant shall fail to cut away and remove the offending branches within 10 days of such written notice, said City Forester shall cause said branches to be cut away and removed and he shall report the cost of doing such work to the City Clerk/Treasurer, and such cost shall be a legal charge and lien against such lot or parcel upon which the trees are standing and shall be entered in the tax roll as a special charge against such real estate and shall be collected in the manner in which taxes against real estate are collected.
G.
Utilities. No street trees other than those listed as small trees in Subsection D of this section may be planted within five feet of any overhead utility pole trees, and street trees must not exceed 25 feet at full tree height. Tree limbs that grow near high-voltage electrical conductors shall be maintained clear of such conductors by the electric utility company in compliance with any applicable franchise agreements. A utility tree trimming policy must be reviewed by the utility company and City Forester prior to any trimming by the utility company, and recognized standards should be adhered to.
[Amended 10-18-2005 by Ord. No. 17-05]
H.
Tree topping prohibited. It shall be unlawful as a normal practice for any person, firm or City department to top any street tree, park tree or other tree on public property. Trees severely damaged by storms or other causes or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this section at the determination of the Parks and Recreation Commission.
I.
Permit required for planting trees in the public right-of-way. All trees planted in the public street or sidewalk area shall be located and planted under the supervision of the City Forester. All trees planted in accordance with developers' agreements will be authorized by the City Forester prior to planting. Whenever any tree is planted or set out in conflict with the provisions of this section, it shall be lawful for the City Forester to remove or cause removal of the same. The cost of removal of such tree may be charged to the property owner responsible for the planting thereof.
J.
Abatement of hazards and public nuisances. Upon determination by the City Forester or Director of Public Works/Engineer and his assignee that such a private tree or shrub constitutes a public nuisance, he shall give written notice to the owner of the property upon which said nuisance exists to trim, remove, or otherwise control such tree or shrub in such a manner as will abate such nuisance. Failure to comply with such written notice within 10 days thereafter shall be deemed a violation of the provisions of this section, and the City may proceed to seek abatement of the nuisance or may proceed under Subsection L.
K.
Appeals. Any action of the City Forester may be appealed to and heard by the Parks and Recreation Commission. To be effective, an appeal must be filed within 10 days after the decision of the City Forester. The appeal shall be in writing and shall be filed with the Forester for placement on the Commission's agenda. The appeal shall clearly specify the reasons for which a hearing is requested. After a hearing, the Parks and Recreation Commission shall render its decision, which shall be final unless appealed to the Common Council. To be effective, an appeal to the Common Council must be in writing and state the reasons for the appeal and must be filed with the City Clerk/Treasurer within 10 days after notice of the decision of the Parks and Recreation Commission is mailed to the applicant. The decision of the Common Council shall be final.
[Amended 10-18-2005 by Ord. No. 17-05]
L.
Penalty for violation. Any person, partnership, firm, corporation, or other legal entity who or which violates any provision of this section shall be subject to a forfeiture of not more than $1,000. All such violations which are of a continuing nature shall constitute a separate offense for each day of such continuance. Any violation of this section shall also constitute a public nuisance and may be enjoined and abated as provided by law.
M.
Enforcement. The City Forester is hereby charged with the responsibility for the enforcement of this section and may serve notice to any person in violation thereof or institute legal proceedings as may be required, and the City Attorney is hereby authorized to institute appropriate proceedings to that end.