[Amended 7-24-2018 by Ord. No. 2606]
No person shall engage in the following tree-related activities
in a public area without a written permit from the City Forester:
A.
Secure, fasten, nail, or run any rope, wire, sign, unprotected electrical
installation or other device or material to, around or through a tree
or shrub.
B.
Break, mutilate, deface or remove any tree or shrub or permit any
fire to burn where it will injure any tree or shrub.
C.
Permit any toxic chemical, gas, smoke, oil or other injurious substance
to seep, drain, or be emptied on any tree or shrub.
D.
Remove any protective device from a tree or shrub, or obstruct the
open space around the base of any tree or shrub that would prevent
air, water or fertilizer to penetrate.
E.
Excavate ditches or tunnels or construct a driveway within a radius
of 10 feet from any tree without approval from the City Forester and/or
the Department of Community Development.
F.
Fail to take reasonable and necessary efforts to protect trees to
be retained during construction of streets, sidewalks, boulevards,
parks and buildings.
G.
It shall be unlawful for any person, firm or City employee to top
any tree planted in a boulevard or public area. Trees severely damaged
by storms or other causes and trees under utility wires or other obstructions
where other pruning practices are impractical may be exempted from
this chapter at the determination of the City Forester.
[Amended 7-24-2018 by Ord. No. 2606]
A.
All boulevard trees and trees in Public Areas shall be planted according to tree planting standards outlined in § 275-56 of the Zoning Code. The City Forester shall make copies of the tree planting standards available to the general public.
B.
No person may plant a tree on a boulevard or in Public Areas unless
there has been an approved landscaping plan on file with the City
Forester and/or the Department of Community Development. The City
Forester shall make a list of approved species available to the public.
A.
Trees growing in Public Areas shall be managed in
a manner which promotes their general health by providing the necessary
arboricultural practices which may include insect and disease control,
fertilization, irrigation, staking, guying, wrapping, cabling, bracing
and pruning.
B.
Trees shall be maintained in such a manner as not
to endanger, interfere, or otherwise conflict with the safe use of
a public area.
C.
Trees shall be maintained to prevent the creation of a hazard because
of growth, age, condition or disease or obstruction of streets, signs,
signals or intersections. Limbs and branches shall be maintained to
provide a minimum clearance of 14 feet above streets, except truck
thoroughfares which shall have a minimum clearance of 16 feet, and
10 feet above sidewalks and paths. The City Forester may waive the
requirements of this subsection for newly planted trees if the trees
do not interfere with public travel or endanger public safety.
[Amended 7-24-2018 by Ord. No. 2606]
D.
Any tree which, because of disease or insect infestation, poses a
threat to other trees or plants in the City should be treated so as
to control the spread of the problem.
[Amended 7-24-2018 by Ord. No. 2606]
[Amended 7-24-2018 by Ord. No. 2606]
A.
Trees growing in Public Areas may be removed at the direction of
the City Forester if, in the opinion of the City Forester, one or
more of the following criteria are met:
(1)
The tree is infected with an insect or disease, alternative means
of control are not practical and removal is the City Forester's
recommended practice to prevent transmission.
(2)
The tree creates a Public Nuisance which represents a danger or threat
to the public health, safety and welfare.
(3)
The tree poses a safety hazard that cannot be corrected by pruning,
transplanting or other treatments.
(4)
The tree interferes with the growth and development of a more desirable
tree.
(5)
The aesthetic value of the tree is substantially outweighed by the
visual enhancement caused by the tree's removal.
(6)
Work improvements required to be made near the tree will kill the
tree or render it a hazard.
(7)
Preservation of the tree, when adjacent property is developed, is
not cost effective.
(8)
As part of a development plan, as approved by the Plan Commission,
Community Development Authority and/or Department of Community Development.
(9)
The tree interferes with utilities.
B.
Whenever it is necessary to remove trees and shrubs growing in Public
Areas, the trees and shrubs removed shall be completely removed from
the growing site and disposed of in a manner authorized by the City
Forester. The stump shall be ground out to a depth suitable for future
planting of trees or turf.
[Amended 7-24-2018 by Ord. No. 2606]
A.
Protection barrier. A protection barrier (root protection zone) shall
be installed around the tree or trees to be preserved. The barrier
shall be constructed of durable fencing material, such as plastic
construction fencing, snow fence, or chain-link fencing. The barrier
shall be placed as far from the base of the tree(s) as possible, preferably
at the dripline (see recommended chart following this subsection).
The fencing shall be maintained in good repair throughout the duration
of the project and shall not be removed, relocated, or encroached
upon without permission of the City Forester.
|
Guidelines for Tree Protection Zones
| ||
|---|---|---|
|
Species Tolerance to Impacts
|
Tree Age
|
Distance from Trunk*
(feet per inch of trunk diameter)
|
|
Tolerant
|
Young (less than 1/4 life expectancy)
|
0.5
|
|
Middle-aged (1/4 to 3/4 life expectancy)
|
0.75
| |
|
Mature (more than 3/4 life expectancy)
|
1.0
| |
|
Intermediate
|
Young
|
0.75
|
|
Middle-aged
|
1.0
| |
|
Mature
|
1.25
| |
|
Sensitive
|
Young
|
1.0
|
|
Middle-aged
|
1.25
| |
|
Mature
|
1.5
| |
|
NOTE:
| |
|
*
|
These distances are based on a tree's tolerance to root
pruning and soil disturbance and may not be adequate to protect branches
of young trees or other trees with low branches. Because severe pruning
would destroy the form of such trees, fencing at the dripline should
be considered.
|
B.
Storage of materials. There shall be no storage of materials or supplies
of any kind within the tree protection zone. Concrete and cement materials,
block, stone, sand, and soil shall not be placed within the dripline
of the tree.
C.
Fuel storage. Fuel storage shall not be permitted within 150 feet
of any tree to be preserved. Refueling, servicing and maintenance
of equipment and machinery shall not be permitted within 150 feet
of protected trees.
D.
Debris and waste materials. Debris and waste from construction or
other activities shall not be permitted within the tree protection
zone. Washdown of concrete or cement handling equipment, in particular,
shall not be permitted within 150 feet of protected trees.
E.
Grade changes. Any grade changes proposed within the root protection
zone shall be approved by the City Forester and/or the Department
of Community Development prior to any work taking place. Precautions
shall be taken to mitigate potential injuries.
F.
Damages to roots and branches. Any damages or injuries shall be reported
to the City Forester as soon as possible. Severed roots shall be pruned
cleanly to healthy tissue, using proper pruning tools. Broken branches
or limbs shall be pruned according to ANSI A300 (Part 1)-2017 Pruning
Standards. Roots shall not be cut during excavation; proper pruning
tools must be used, such as a chainsaw, handsaw or loppers.
G.
Boring and trenching. To preserve viable root systems and maintain
structural stability, boring or tunneling beneath root systems of
public trees is required. Open-cut excavating is allowed only up to
the distance from various sized trees listed below. The boring or
tunneling from trench to trench shall be below the minimum depth indicated
for tree size. The surface area and subsoil directly adjacent to public
trees shall not be disturbed as follows:
|
Tree Size
(diameter in inches)
|
Minimum Undisturbed Radius (measured from face of trunk)
(feet)
|
Minimum Depth of Tunnel/Bore
(feet)
|
|---|---|---|
|
Less than 3
|
3
|
4
|
|
3 through 8
|
6
|
4
|
|
8+ through 14
|
8
|
4
|
|
Larger than 14
|
10
|
4
|
[Amended 7-24-2018 by Ord. No. 2606]
As a condition of any building, demolition or other similar
permit issued by the City, all persons issued such permit shall take
necessary steps to protect the short- and long-term health of all
nearby public trees which may be injured by such operations. An inventory
of the site shall include existing trees. If any trees are damaged
or removed, they shall be replaced in kind, at the discretion of the
City.
[Amended 7-24-2018 by Ord. No. 2606]
No person shall remove, trim, cut roots, or disturb any public
tree on any street, park, or other public place without approval from
the City. All standards set forth in this chapter shall be abided
by.
