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HomeMy WebLinkAboutOrdinance No. O05-01ORDINANCE NO. O05-01 AN ORDINANCE AMENDING CHAPTER 12.32 FOR THE PURPOSE OF CREATING A CITY TREE BOARD AND REVISING THE CITY'S TREE ORDINANCE TO PROVIDE A COMPREHENSIVE PLAN FOR TREE PLANTING, MAINTENANCE AND REMOVAL AND TO PROVIDE A PENALTY FOR VIOLATION THEREOF. WHEREAS, trees provide air purification, windbreaks, noise reduction, shade and energy savings; and WHEREAS, planting trees and maintaining older trees provide natural areas for community beautification wkile enhancing economic' and environmental benefits for the community; and WHEREAS, Chapter 12.32 of the Laurel Municipal Code governs Trees and Boulevards, and needs to be amended to qualify for the Tree City USA program by creating a City Tree Board; by adopting a Tree Care Ordinance which complies with the program's requirements; by having an annual budget of at least $2.00 per capita; and by providing for an Arbor Day proclamation and observance; and WHEREAS, the Laurel City Council believes that the Tree City USA program will enhance the beauty of the Laurel community. NOW, THEREFORE, BE IT ORDAINED, by the Laurel City Council that Chapter 12.32 of the Laurel Municipal Code be and the same is hereby amended with additions redlined and deletions struck through as follows: Chapter 12.32 Sections: 12.32.010 12.32.020 12.32.030 12.32.040 12.32.050 12.32.060 12.32.070 12.32.080 12.32.090 12.32.100 12.32.110 12.32.120 12.32.130 12.32.140 12.32.150 TREES AND BOULEVARDS Boulevards to be kept in grass and trees Boulevards---Regulation of Trees on Cottonwood trees prohibited Definitions Creation and Establishment of a CiW, Tree Board Term of Office Compensation Duties and Responsibilities Operation Tree Species to be Planted Spacing Distance from Curb and Sidewalk Distance from Street Corners and Fireplu~,~ Utilities Public Tree Care Ordinance No. 05-01 Tree Ordinance Page 1 of 7 12.32.160 12.32.170 12.32.180 12.32.190 12.32.200 12.32.210 12.32.220 12.32.230 12.32.240 12.32.250 12.32.260 12.32.270 12.32.280 12.32.290 12.32.300 Pruning Standards Tree Topping Pruning & Corner Clearance Dead or Diseased Tree Removal on Private Property Protection of Trees Interference with the City Tree Board Arborists License and Bond Authority of Adioining Property Owner to Plant or Care for Trees on Boulevard or Parkways Removal~ Cutting and Injury Interference with Trees by House Mover~ Permit Required Procedure for Temporarv Removal Insects and Diseases--Declared Nuisance Spraying Review by the City Council Violation--Penaltv 12.32.010 Boulevards to be kept in grass and trees. All boulevard areas must be kept in grass and trees unless specific permission is granted by the city council for other purposes. Any person failing to comply or violating the provisions of this section shall be deemed guilty of a misdemeanor. (Prior code § 11.36.010) 12.32.020 Boulevards--Regulation of trees on. The owner of property adjoining a boulevard shall be responsible for the care and maintenance of the boulevard and he shall keep the trees planted thereon trimmed and in a condition so that the same shall not be a public nuisance; and, if necessary for the city to remove any trees from such boulevard, the costs of such removal shall be assessed against the abutting property owner. (Prior code § 20.12.010) 12.32.030 Cottonwood trees prohibited. No cottonwood trees shall be planted or allowed to grow on private property or boulevards within the city limits. (Prior code § 20.12.020) 12.32.040 Definitions Street Trees: Street trees are herein de£med as trees, shrubs, bushes, and all other woody vegetation on land lying between property lines on either side of all streets, avenues, or ways within the City. Park Trees: Park trees are herein defined as trees, shrubs, bushes and all other woody vegetation in public parks having individual names, and all areas owned by the City, or to which the public has free access as a park. 12.32.050 Creation and Establishment of a City Tree Board There is hereby created and established an advisory board to the City Council which will be known as the City Tree Board for the City of Laurel ("Board") which shall consist of four members who are residents of this city or who live within two (2) miles thereof, who shall be appointed by the Mayor with approval of the Council. The members shall come from different Ordinance No. 05-01 Tree Ordinance Page 2 of 7 interest eloups including homeowners, tree professionals, street department, and city government. 12.32.060 Term of Ottiee The term of the four persons to be appointed by the Mayor shall be three years except that the term of two of the members appointed to the first Board shall be for only one year and the term of three members of the first Board shall be for two years. In the event that a vacancy shall occur during the term of any member, his successor shall be appointed for the unexpired portion of the term. 12.32.070 Compensation Members of the Board shall serve without compensation. 12.32.080 Duties and Responsibilities It shall be the responsibility of the City Tree Board to study, investigate, counsel, develop and administer a written plan for the care, preservation, pruning-~ planting, replanting, 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 their acceptance and approval shall constitute the official comprehensive city tree plan. The Board shall promote and supervise the establishment of a tree inventory for street and park trees. The inventory shall be updated with the results of ground inspections every three (3) years. The Board, when requested by the City Council. shall consider, investigate, make finding, report and recommend upon any special matter or question coming within the scope of its work.. 12.32.090 Operation The Board shall choose its own officers, make its own roles and regulations, which shall be approved by the City Council, and keep a journal of its proceeding.q. A majority of the members shall be a quorum for the transaction of business. 12.32.100 Tree Species to be Planted The City Tree Board shall develop and maintain a list of desirable trees for planting alone streets in three size classes, based on mature height: small (under 20 feet), medium (20-40 feet) and large (over 40 feet). Efforts shall be made to ensure a sufficient diversity of tree species. Lists of prohibited trees or trees not suitable for planting will also be developed and maintained by the Board. 12.32.110 Spacing The spacing of street trees will be in accordance with the three size classes listed in Chapter 12.32.070 of this Ordinance, and no trees may be planted closer together than the following: small trees, 15 feet; medium trees, 25 feet; and large trees, 35 feet; except in special plantings designed or approved by a landscape architect. 12.32.120 Distance from Curb and Sidewalk Ordinance No. 05-01 Tree Ordinance Page 3 of 7 The distance trees may be planted from curbs or curb lines and sidewalks will be in accordance with the three size classes listed in Chapter 12.32.070 of this Ordinance, and no tree may be planted closer to any curb or sidewalk than the following: small trees, 2 feet; medium and large trees, 3 feet. 12.32.130 Distance from Street Corners and Fireplugs No street tree shall be planted within 35 feet of any street comer, measured from the point of nearest intersecting curbs or curb lines. No street tree shall be planted within ten (10) feet of any fireplug. 12.32.140 Utilities No street trees other than those species accepted as small trees by the City Tree Board may be planted under, or within ten (10) feet of any overhead utility wire. 12.32.150 Public Tree Care The City shall have the right to plant, prune, maintain, and remove trees, plants, ~nd shrubs within the lines of all streets, alleys, avenues, lanes, squares, and public ground~ as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds. The City Tree Board may remove or cause or order to be removed any tree or part thereof which is in an unsafe condition or which by reason of its nature is iniurious to sewers, electric power lines, gal lines, water lines, or other public improvements, or is affected with any iniufion~ fungus, insect, or other pest. This section does not prohibit the planting of street trees by adjacent propertv owners providing that the selection and location of said trees is in accordance with Chapters 12.32.070 throu~.h 12.32.110 of this Ordinance. 12.32.160 Pruning Standards All tree priming on public property shall conform to the ANSI A300 standards for tree care operations. 12.32.170 Tree Toppine 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. 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 so as to remove the normal canopy and disfigure the tree. Crown reduction by a qualified arborist may be substituted, where appropriate. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other prnninE practices are impractical may be exempted from this Ordinance at the determination of the City Tree Board. 12.32.180 Pruning & Comer Clearance Every owner of any tree overhanging any street or right-of-way within the City shall prune the branches so that such branches shall not severely obstruct the light from any street lamp or obstruct the view of any street intersection, and so that there ~hall be a clear space of thirteen (13) feet above street surface or eight (8) feet above the sidewalk surface. Said owners Ordinance No. 05-01 Tree Ordinance Page 4 of 7 shall remove all dead, diseased or dangerous trees, or broken or decayed limbs, which constitute a menace to the safety of the public. The City shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light, or interferes with visibility of any traffic control device or sign or sight triangle at intersections. 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 Tree Board prior to any trimming by the utility. 12.32.190 Dead or Diseased Tree Removal on Private Property The City shall have the right to cause the removal of any dead or diseased trees on private property within the City, when such trees constitute a hazard to life and property, or harbor insects or disease which constitute a potential threat to other trees within the City. The City Tree Board will notify in writing the owners of such trees. Removal shall be done by said owners at their own expense within sixty (60) days after the date of service of notice. In the event of failure of owners to comply with such provisions, the City ghall have the authority to remove such trees and charge the cost of removal on the owner's property tax notice. 12.32.200 Protection of Trees In order to maintain the overall forest, reasonable efforts ~hall be made to replace trees that are removed and to protect quality trees that are endangered. Trees removed by decision of the City Tree Board or by natural causes ~hall be replaced somewhere in the forest on a one-for-one basis within one year. The location and species of any replacement tree shall be determined by the City Tree Board. Trees of desirable species and good health ~hall be protected as much as possible from damage during construction, sidewalk repair, utilities work above and below ground, and other similar activities. The zone of protection shall include the ground beneath the canopy of the tree. 12.32.210 Interference with the City Tree Board It shall be unlawful for any person to prevent, delay or interfere with the City of Laurel, its City tree Board, or any of its agents while engaging in and about the planting, cultivating, mulching, pruning, spraying, or removing of any street trees, park trees, or trees on private grounds, as authorized by this Ordinance. 12.32.220 Arborists License and Bond It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating, or removing street or park trees within the City without first applying for and procuring a license. The license fee shall be $70.00 annually in advance: provided, however.r that no license shall be required of any public service company including electric utilities and their agents and contractors or city employee doing such work in the pursuit of their public service endeavors. Before any license ahall be issued, each applicant ~hall first file evidence of possession of liability insurance in the minimum amounts of $750,000.00 per claim and Ordinance No. 05-01 Tree Ordinance Page 5 of 7 $1,500,000.00 per occurrence indenmifying the City or any person iniured or damaged resulfinc, from the pursuit of such endeavors as herein described. 12.32.230 Authority of Ad]dining Property Owner to Plant or Care for Trees on Boulevard or Parkways Permission is given to the owners of real estate to improve their premises by plantim~ trees and properly caring for trees in the boulevards adioinlno their property after permit is obtained from the City. Such trees shall in no ease interfere with the full use of the streets for public purposes, and no person shall plant any tree within the limits of any parkway, street, or alley in the City without having first obtained a written permit from the City. It shall be the duty of any property owner to make request in writing to the City, stallno the variety and precise location of each tree proposed to be planted. The permit ahall specify location and variety of each tree. 12.32.240 Removal~ Cutting and Injury No person shall remove, destroy, cut, deface, trim, or in any way iniure or interfere with any street or park tree without a permit from the City Tree Board. 12.32.250 Interference with Trees by House Mover~ Permit Required It shall be unlawful for any person to move any building along any street, avenue or alley in the City, in such a way as to interfere with or iniure any tree or shrub in any street, avenue, alley or public place, including parks and parkways, without a written permit obtained from the City Tree Board. The application for such permit, and the permit issued, ~hall specify the particular building and the particular route to be followed. 12.32.260 Procedure for Temporary, Removal All moving of trees and shrubs made necessary by moving of buildings or any other purpose shall be done under supervision of the City Tree Board, at the expense of the owners of the buildings, or the party requesting the same. Should such moving cause the death of the tree, the owner of the buildings or the party requesting the temporary removal, at his own expense, shall replace the same under the supervision of the City Tree Board. 12.32.270 Insects and Diseases~Declared Nuisance All insect pests and diseases known to be iniurious to fruit, shade, and om~mental trees and shrubs, and all trees, shrubs and vegetable growth infested or infected therewith constitute a menace, and are hereby declared to be a common nuisance. 12.32.280 Spraying Every person who is owner or in possession or control or management of any lot, block or parcel of land upon which there are any fruit, shade or ornamental trees or shrubs which are infested or infected with any insect pests or diseases known to be injurious to such fruit, shade or ornamental trees or shrubs, shall, within three (3) days, upon written order of the City Tree Board, spray or cause the same to be sprayed in such manner and with some insecticide designated by the City. Any person failing to comply with any such order ahall be deemed guilty of maintaining a nuisance. Ordinance No. 05-01 Tree Ordinance Page 6 of 7 12.32.290 Review by the City Couneil The City Council shall have the right to review the conduct, acts, and decisions of the CiW Tree Board. Any person may appeal from any roling or order of the City Tree Board to the Cit~ Council who may hear the matter and make final decisions. 12.32.300 Violation--Penalty Any person violating any provision of this Ordinance shall be, upon conviction or a plea of guilty, subiect to a civil fine not to exceed $100.00 for each violation. Statutory Interpretation and Repealer: Any and all resolutions, ordinances and sections of the Laurel Municipal Code and parts thereof in conflict herewith are hereby repealed. Severability: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid by a court having competent jurisdiction, such invalidity shall not affect the other provisions of this ordinance, which may be given effect without the invalid provision or application, and to this end, the provisions of this Ordinance are declared to be severable. Savings Provision: This Ordinance does not affect the rights or duties that mature, penalties and assessments that were incurred or proceedings that begun before the effective date of this Ordinance. Effective Date: This Ordinance becomes effective thirty (30) days after final passage by the City Council and approval by the Mayor. Introduced and passed on first reading at a regular meeting of the City Council on the 18th day of January ,2005, by Alderman Dart PASSED and ADOPTED by the Laurel City Council on second reading this 15thday of February ,2005, upon motion of Alderman PoehJ_s APPROVED BY THE MAYOR this 15tlalay of FebJcuary ,2005. ATTEST: /~4P. PRO~OP~: / / M~ K~mbleton, Clerk-Treas~r ~~C~I Ordinance No. 05-01 Tree Ordinance Page 7 of 7