It is the purpose of this ordinance to preserve and enhance
the natural beauty of the City of Lincoln, to protect the health and
safety of the residents of the City, and to protect the environment
by providing for the regulation of the planting, maintenance, protection
and removal of trees within the City in order to accomplish the following
objectives:
A. To create a desirable environment for residents.
B. To moderate effects of sun, wind and temperature changes.
C. To buffer noise, air and visual pollution.
D. To filter pollutants from the air and release oxygen.
E. To decrease stormwater runoff.
F. To provide habitat for wildlife.
G. To increase property values and protect investments.
H. To preserve desirable trees.
I. To help preserve river and stream banks.
J. To screen incompatible land uses.
K. To encourage public education about trees and their value to the
community.
L. To promote energy conservation.
The following terms are defined as they are used within this
ordinance.
DIAMETER BREAST HEIGHT (DBH)
The diameter of a tree measured at a point 4 1/2 feet
above the ground. If a tree splits into multiple trunks, the trunk
is measured at its narrowest point below the split.
DRIPLINE
An imaginary vertical line that extends downward from the
outermost tips of the tree branches to the ground.
HAZARDOUS TREE
A tree or tree parts with a high probability of falling or
causing injury or property loss; also, a tree harboring insects or
a disease that could be detrimental to surrounding trees.
LANDMARK TREE
Any tree located on public property, listed with the state
or national registry or cited in the City's tree registry as
being historically significant by age, species, form or location.
PERSON
Any individual, firm, corporation, partnership, business,
group of individuals, City department or other entity which acts singly
or collectively for a common purpose.
PUBLIC GROUNDS
Areas owned and/or maintained by the City, including rights-of-way,
streets, alleys, parks, medians, substations, treatment plants, plazas,
squares, public buildings and any other City-owned and maintained
areas designated as public.
RARE TREE
A tree with a DBH of 24 inches or more for large-growing
species and eight inches or more for small-growing species or that
is representative of an uncommon or endangered species.
SIGHT TRIANGLE
The area encompassed within the triangular area formed by
the right-of-way lines abutting the intersection and a line connecting
points on these street lot lines at a distance of 25 feet from the
point of intersection of each right-of-way line.
TOPPING
The severe removal of the tree canopy back to large stubs.
It is also known as "stubbing," "dehorning," "pollarding" and "heading."
TREE
Any self-supporting, woody, perennial plant, usually having
a main stem or trunk and many branches, and, at maturity, normally
attaining a trunk diameter greater than three inches DBH and a height
of over 10 feet.
There shall be a Tree Advisory Committee consisting of no fewer
than five individuals appointed to serve by the Mayor pursuant to
the City's normal board and committee appointment procedures.
Members shall serve a three-year term and may be reappointed indefinitely.
The initial members shall draw lots with one serving a one-year term,
two serving a two-year term and two serving a three-year term in order
to provide for staggered terms. The Tree Advisory Committee shall
be advisory in nature with the purpose of providing advice to the
City Council, Mayor and other City officials as to the management
of the urban forest within the City. The Tree Advisory Committee shall
be responsible for drafting the City's annual forest plan for
presentation to the City Council.
It is the public policy of the City of Lincoln to encourage
the planting of trees and to maintain existing trees within the City
to the extent possible.
A. The City shall have the right to plant, prune, maintain and remove
trees, plants and shrubs within the public rights-of-way of all streets,
alleys, avenues, lanes, squares and public grounds as may be necessary
to ensure public safety or to preserve and enhance the symmetry and
beauty of such public grounds.
B. The City shall have the right to prune or remove any tree or shrub
on private property when it interferes with the proper spread of light
along the street from a streetlight or interferes with visibility
of any traffic control device, sign or sight triangle at intersections.
C. The City and its employees shall follow the guidelines of the City's
annual forest plan in carrying out their duties under this ordinance.
D. City employees performing tree work on public grounds shall attend
an educational workshop on basic tree science and the proper techniques
of tree pruning.
E. Trees shall not be planted where they may conceal a fire hydrant
from the street, where they impede the line of sight on any street
or intersection, or where they may interfere with underground or overhead
utilities.
F. Trees may not be removed from public grounds without first obtaining
written approval from the City's Code Enforcement Officer. Trees
on public grounds may not be topped.
G. It shall be a violation of this ordinance to damage, destroy or mutilate
any tree on public grounds or to attach a rope, wire, sign, poster,
handbill or any other object to any such tree unless prior written
approval is received from the City's Code Enforcement Officer.
Any commercial tree service performing any pruning, cutting,
stump removal, spraying or any other service to trees on public grounds
shall first demonstrate that the supervisory personnel directly overseeing
the work within the City have appropriate training in tree pruning
and maintenance.
Subdivision and development plans submitted to the Planning
Commission for approval shall include a landscape plan. Such landscape
plan shall show existing trees, any trees removed within the prior
year and any trees proposed to be planted, and shall note the size
and species of all trees indicated. The Planning Commission may require
trees to be planted along any of the streets, parking lots, parks
or other public places when reviewing and approving development plans.
Any person violating any provision of this ordinance shall,
upon conviction or a plea of guilty, be subject to a fine of not less
than $100 and not to exceed $1,000 for each separate offense. Each
tree involved shall constitute a separate offense.