Chapter 12.12
STREET TREES
Sections:
12.12.070 Abuse or mutilation of trees.
12.12.080 Dead, dangerous or diseased trees – Nuisance.
12.12.090 License and insurance bond.
12.12.010 Purpose.
The city of Dundee recognizes that trees are vital components of an urban environment by reducing air, water and noise pollution, providing energy-reducing shade, and enhancing quality of life and property values in the community. It is the purpose of this chapter to protect public health, safety and welfare, and to promote establishment and maintenance of trees in general throughout the city by providing regulations and guidelines for the planting, maintenance, and removal of trees in public rights-of-way in the city of Dundee. [Ord. 473-2008 (Exh. A)].
12.12.020 Definitions.
As used in this chapter, the following words mean:
“Removal” means the act of cutting down a tree or the use of any procedure the natural result of which is to cause the death or substantial destruction of the tree. “Removal” does not include normal trimming or pruning.
“Street tree” means a tree lying within a dedicated street right-of-way or public easement within the city.
“Topping” means the cutting back of limbs to stubs larger than three inches in diameter within a tree’s crown to such a degree so as to alter or disfigure the normal canopy of the tree.
“Tree” means a living, standing woody plant typically having a single trunk at least two inches in diameter at a point on the trunk four feet above ground level. [Ord. 473-2008 (Exh. A)].
12.12.030 Permits.
A. A permit shall be obtained from the public works superintendent of the city before planting, removing or otherwise affecting a street tree. There shall be no fee required for such permit.
B. With a permit, property owners adjacent to a right-of-way may plant street trees so long as the selection, location and planting of such trees is in accordance with this chapter.
C. Any street tree planted subsequent to adoption of this chapter and not in compliance therewith may be removed by the city and, if so, at the expense of the adjacent property owner. [Ord. 473-2008 (Exh. A)].
12.12.040 Tree planting.
A. No person, without a written permit from the public works superintendent, shall plant a street tree of a species other than those listed as a “recommended street tree” in Section 2.207 of the Dundee development ordinance.
B. The spacing of street trees shall be in accordance with the species size classes, and no trees may be planted closer together than the following: small trees, 20 feet; medium trees, 30 feet; and large trees, 40 feet; measured trunk to trunk except in special plantings approved or designed by the city in the permit.
C. No trees may be planted closer to any curb or sidewalk than the following: small trees, two feet; medium trees, three feet; and large trees, four feet. The public works superintendent may permit the planting of trees in closer proximity to curbs and sidewalks with the installation of root barriers and tree wells to promote deep rooting.
D. No street trees shall be planted closer than 10 feet to any fire hydrant, utility pole, street light, and above ground utility structure, such as transformer enclosures.
E. No street trees other than those species listed as small trees in the list of acceptable species may be planted under or within 10 lateral feet of any overhead utility wire, and unless otherwise permitted by the public works superintendent, no street tree may be planted over or within five lateral feet of any underground water line, sewer line, transmission line or other public or private utility.
F. All new street trees will have a minimum two-inch caliper trunk measured at four feet in height at the time of installation and conform to the city’s street tree planting guidelines established by the public works superintendent. [Ord. 473-2008 (Exh. A)].
12.12.050 Tree maintenance.
A. The city shall have the right to plant, prune, maintain and remove street trees as may be necessary to ensure public safety or to preserve the health of the tree. The city may remove 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 affected with any injurious fungus, insect or other pest.
B. All street trees must be pruned to maintain a healthy and attractive tree, such as adhering to the National Arborist Association (NAA) Pruning Standards for Shade Trees. Topping of street trees is prohibited. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where accepted pruning practices are impractical, may be exempted from this subsection at the determination of the public works superintendent. [Ord. 473-2008 (Exh. A)].
12.12.060 Tree removal.
A. The removal of street trees is prohibited unless one of the following conditions apply:
1. The tree is physically blocking an existing or proposed pedestrian way, driveway, necessary access, or street;
2. Removal is necessary for the repair, maintenance, or installation of public or private utilities or facilities;
3. The tree presents a potential danger to the public;
4. The tree is diseased, blighted, or insect-infested as determined by a certified arborist or other qualified professional;
5. The tree significantly restricts or impairs solar access to buildings or solar collector locations;
6. The removal of the tree is deemed necessary by the city council.
B. Approval of a permit for the removal of a street tree may be conditioned on the replacement with a new tree of a species suitable for the location as determined by the public works superintendent.
C. All stumps of street trees shall be removed from below the surface of the ground.
D. Costs of street tree removal and replacement are the responsibility of the permittee. [Ord. 473-2008 (Exh. A)].
12.12.070 Abuse or mutilation of trees.
It shall be a violation of this chapter to abuse, destroy, or mutilate a street tree, or to attach or place any rope or wire (other than one used to support the tree itself), sign, poster, handbill or other attachment to or upon any street tree, or to cause or permit any wire charged with electricity to come in contact with any such tree or to allow any substance which is harmful to such trees to come in contact with their bark, roots or leaves. [Ord. 473-2008 (Exh. A)].
12.12.080 Dead, dangerous or diseased trees – Nuisance.
The city shall have the right to cause the pruning or 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. Such trees may be declared to be a public nuisance and may be abated in accordance with procedures specified in Chapter 8.16 DMC. [Ord. 473-2008 (Exh. A)].
12.12.090 License and insurance bond.
No person or firm shall engage in the business or occupation of pruning, treating, or removing street trees without first applying for and procuring a business license from the city pursuant to Chapter 5.04 DMC. Before permission is granted to prune or remove a street tree, the permittee shall file evidence of possession of liability insurance in the minimum amount of $1,000,000 and indemnify the city from any injury or damage to third persons or property resulting from the permitted actions. [Ord. 473-2008 (Exh. A)].
12.12.100 Appeal.
An appeal to a written decision of the public works superintendent regarding the issuance or denial of a tree permit must be made in writing and filed with the city recorder within 10 calendar days of the date of the written decision. The city council shall hear and determine the appeal, based on the information submitted by the permit applicant and the public works superintendent. In all cases, the decision of the city council shall be final. [Ord. 473-2008 (Exh. A)].
12.12.110 Penalty.
Any person violating the provisions of this chapter shall be guilty of a violation, with a maximum penalty of a fine of not more than $1,000. For purposes of this section, each violation with respect to a single tree shall constitute a separate violation. [Ord. 473-2008 (Exh. A)].