(a) Community Forest is herein defined as all street and park trees as a total resource.
(b) Park Trees are herein defined as trees, shrubs, bushes and all other woody vegetation in public parks and all areas owned by the city or which the public has free access as a park.
(c) Street Trees are herein defined as trees, shrubs, bushes, and all other woody vegetation on land lying on public right-of-way on either side of streets, avenues of way within the city.
(Ord. 01-676, Sec. 1)
There is hereby created and established a city tree board for the city which shall consist of five members, citizens and residents of this city, who shall be appointed by the mayor with the approval of the city council.
(Ord. 01-676, Sec. 1)
The term of the five persons to be appointed by the mayor shall be three years except that the term of two of the five members appointed to the first board shall be one year, and the term of two of the five members of the first board shall be for two years. In the event that a vacancy shall occur during the term of any member, a successor shall be appointed for the unexpired portion of that term.
(Ord. 01-676, Sec. 1)
Members of the tree board shall serve without compensation.
(Ord. 01-676, Sec. 1)
It shall be the responsibility of the tree board to study, investigate, counsel and develop and/or update annually, and administer a written plan for the care, replacement, maintenance, and removal or disposition of trees and shrubs in parks, along streets and in other public areas. Such plan will be presented annually to the city council, and upon its acceptance and approval, shall constitute the official comprehensive city tree plan for the city. The tree board, when requested by the city council, shall consider, investigate, make findings, report and recommend upon any special matter or question coming within the scope of its work.
(Ord. 01-676, Sec. 1)
The tree board shall choose its own officers, make its own meetings, rules and regulations and keep a journal of its proceedings. A majority of the members shall be a quorum for the transaction of business.
(Ord. 01-676, Sec. 1)
The city shall maintain a list of recommended trees for planting in public areas. This list shall be available to residents of the city upon request to aid in the selection of trees for private properties. The list of recommended trees shall be updated periodically to reflect new developments or species that affect the population of the community forest.
(Ord. 01-676, Sec. 1)
Street trees may be planted no closer together than 30 feet from each other except in special plantings approved by the tree board or the public works department of the city.
(Ord. 01-676, Sec. 1)
Street trees may be planted in the tree lawn where there is at least six feet between the edge of the sidewalk and the curb of the street. Street trees shall be planted no closer than three feet from a sidewalk or a street. Exceptions can be granted by the city tree board.
No street tree shall be planted closer than 35 feet from any corner, measured from the point of the nearest intersection of curbs or curb lines.
No street tree shall be planted closer than 10 feet from any fireplug.
Special permission must be obtained from the tree board or the public works department of the city when planting street trees within 10 feet of any point on a line on the ground immediately below any overhead utility wire, or within five lateral feet from any underground water line, sewer line, transmission line, or other utility.
(Ord. 01-676, Sec. 1)
The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs within right-of-way or bounds of all streets, alleys, lanes, square, and public grounds, as may be necessary to insure the public safety or to preserve or enhance the beauty of such public places.
The tree board may remove or cause to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or is seriously affected with any injurious insect or disease.
The abutting property owners shall have the right to perform normal tree care on all street trees.
(Ord. 01-676, Sec. 1)
No person shall plant a street tree or other tree in the public right-of-way without first obtaining a permit from the city clerk. There will be no fee for such permit.
(Ord. 01-676, Sec. 1)
It shall be unlawful as a normal practice for any person or firm to top any street tree, park tree, or other tree on public property. Topping is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree’s crown to such a degree as to remove the normal canopy and disfigure the tree. 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 excepted from this section at the determination of the tree board or the public works department of the city.
(Ord. 01-676, Sec. 1)
Clearance over streets and walkways shall be the responsibility of the abutting property owner. A clearance of eight feet must be maintained over walkways and a clearance of 14 feet must be maintained over streets. Property owners are responsible for trees on their own property as well as trees on the public way that abuts their property.
(Ord. 01-676, Sec. 1)
The tree board or the city shall have authority to remove or cause to be removed any dead or diseased tree within the city limits located on public or private property. Diseased trees are defined as those trees that may constitute a hazard to life and property or harbor insects or disease which represents a potential threat to other trees within the city. The tree board will notify in writing the owner of such trees and removal shall be accomplished within 60 days of notification. In the event of failure to remove by the owner, the city shall have the authority to remove such trees and charge the cost of removal on the property’s tax notice.
(Ord. 01-676, Sec. 1)
All stumps of street and park trees shall, at the expense of the property owner, be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.
(Ord. 01- 676, Sec. 1)
It shall be unlawful for any person to prevent, delay or interfere with the tree board or any of its representative or agents while engaging in or about the planting, cultivating, mulching, pruning, spraying, or removing of any tree within the community forest, as authorized by this article.
(Ord. 01-676, Sec. 1)
It shall be unlawful for any person to prevent, delay or interfere with access to private property by the city or its representative in the legal performance of any section of this article.
(Ord. 01-676, Sec. 1)
It shall be unlawful for any person, or firm to engage in the business or occupation of planting, pruning, spraying, treating, cutting or removing any street tree, park tree or other privately owned tree without first applying for and procuring a license. The license fee shall be $25 notwithstanding when issued and shall be renewed annually. Annual licenses shall be valid from January 1 of any given year to December 31 of the same year. No license shall be required by any public service or city agent or employee doing work on behalf of or directed by the city.
Before a license shall be issued, each applicant shall first file with the city clerk evidence of possession of liability insurance in a minimum amount of $100,000 for bodily injury or death and $100,000 property damage indemnifying the city or any person injured or damaged resulting from the pursuit of such endeavor herein described. Proof of such insurance shall be filed annually with the city clerk at the time the license is issued.
(Ord. 01-676, Sec. 1)
The city council shall have the right to review the conduct, acts and decisions of the tree board. Any person may appeal from any ruling or order of the tree board to the city council who may hear the matter and make a final decision.
(Ord. 01-676, Sec. 1)