[Ord. No. 4335, 6-22-2023]
To enhance the quality of life and the present and future health,
safety, and welfare of all residents, to enhance property values,
and to ensure proper planting and care of trees on public property,
the Board herein delegates the authority and responsibility for managing
public trees, creates a Tree Advisory Board, and establishes practices
governing the planting and care of trees on public property.
[Ord. No. 4335, 6-22-2023]
As used in this Chapter, the following words and phrases shall
have the meanings:
DAMAGE
Any injury to or destruction of a tree, including, but not
limited to: uprooting; severance of all or part of the root system
or main trunk; storage of material on or compaction of surrounding
soil; a substantial change in the natural grade above a root system
or around a trunk; surrounding the tree with impervious paving materials;
or any trauma caused by accident or collision.
PUBLIC PROPERTY
All grounds and rights-of-way (ROWs) owned or maintained
by the City.
PUBLIC TREE
Any tree or woody vegetation on City-owned or City-maintained
property or rights-of-way.
TOP or TOPPING
The non-standard practice of cutting back of limbs to stubs
within a tree's crown to such a degree so as to remove the normal
canopy and disfigure the tree.
[Ord. No. 4335, 6-22-2023]
A. Delegation
Of Authority And Responsibility. The Public Works Director and/or
their designee, hereinafter referred to as the "Director," shall have
full authority and responsibility to plant, prune, maintain, and remove
Public Trees. This shall include the removal of trees that may threaten
electrical, telephone, gas, or any water or sewer line, or any tree
that is affected by fungus, insect, or other pest disease.
B. Coordination
Among City Departments. All City departments will coordinate as necessary
with the Director and will provide services as required to ensure
compliance with this Chapter as it relates to Public Property.
C. Interference.
No person shall hinder, prevent, delay, or interfere with the Director
or his/her agents while engaged in carrying out the execution or enforcement
of this Chapter.
[Ord. No. 4335, 6-22-2023]
A. Tree Advisory Board Created — Membership. There is hereby created a Tree Advisory Board consisting of the members of the Fenton Parks and Recreation Committee (see Chapter
130).
B. Appointment
Term. Each member's term shall coincide with the member's term as
member of the Fenton Parks and Recreation Committee.
C. Officers.
The Chairman, Vice Chairman, and Secretary of the Tree Advisory Board
shall be the same as for the Parks and Recreation Committee.
D. Ex
Officio. The Ex Officio for the Board shall be the same as the Ex
Officio of the Parks and Recreation Committee.
E. Duties.
The Tree Advisory Board shall act in an advisory capacity to the Director
and the Board of Aldermen and shall:
1. Coordinate and promote Arbor Day activities;
2. Review and update a five-year plan to plant and maintain Public Trees;
3. Support public awareness and education programs relating to trees;
4. Review City Department concerns relating to tree care;
5. Submit an annual report of its activities to the Board of Aldermen;
6. Assist with the annual application to renew the Tree City USA designation;
7. Recommend a list of tree species for planting on Public Property,
and a list of prohibited species; and
8. Other duties that may be assigned by the Board of Aldermen.
F. Meetings.
The Advisory Tree Board shall meet a minimum of four (4) times each
year. All meetings shall be open to the public. The Board Chairman
may schedule additional meetings as needed.
[Ord. No. 4335, 6-22-2023]
A. Authority
To Plant And Maintain Public Trees. Unless otherwise provided herein,
Public Trees may only be planted and maintained under the authority
of the Director.
B. Standards.
All planting and maintenance of Public Trees by the City shall conform
to the American National Standards Institute (ANSI) A-300 "Standards
for Tree Care Operations" and shall follow all tree care Best Management
Practices (BMPs) published by the International Society of Arboriculture.
C. Requirements
Of Franchise Utility Companies. The maintenance of Public Trees for
utility clearance shall conform to all applicable utility industry
standards.
D. Planting
Distances. In no instance shall a Public Tree be planted closer than
forty (40) feet from any intersection corner or within ten (10) feet
of a fire hydrant.
[Ord. No. 4335, 6-22-2023]
A. It
shall be unlawful to Damage or cause Damage to a Public Tree.
B. It shall be unlawful to cut or remove any Public Tree, except in accordance with Chapter
510, Excavations and Public Rights-Of-Way Management, or as otherwise specifically authorized by the Board of Aldermen.
C. It
shall be unlawful to attach any cable, wire, sign, or any other object
to any Public Tree.
D. It
shall be unlawful to "Top" any Public Tree. Public Trees severely
damaged by storms or other causes, where best pruning practices are
impractical may be exempted from this provision at the determination
of the Director.
E. Any
person, firm, corporation, or City department performing construction
near any Public Tree(s) shall consult with the Director and shall
employ appropriate measures to protect the Public Tree(s), according
to procedures contained in the Best Management Practices (BMPs) for
"Managing Trees During Construction" published by the International
Society of Arboriculture.
[Ord. No. 4335, 6-22-2023]
See Section
215.120, Obstructing View Of Vehicular Traffic Deemed A Public Nuisance.
[Ord. No. 4335, 6-22-2023]
See Section
215.100, Dead and Decaying Trees Deemed A Public Nuisance.
[Ord. No. 4335, 6-22-2023]
Any person found guilty of violating any provision of this Chapter shall be subject to the penalty in Section
100.120.
[Ord. No. 4335, 6-22-2023]
Should any word, sentence, clause, paragraph, or provision of
this Chapter be held to be invalid or unconstitutional the remaining
provisions of this Chapter shall remain in full force and effect.