Chapter 7.10
TREE PLANTING AND CARE
Sections:
7.10.080 Correcting hazardous tree conditions.
7.10.090 Protection of city trees.
7.10.010 Purpose and intent.
It is the intent of Eagle Mountain City that the terms of this chapter shall be construed as to promote:
A. The planting, maintenance, restoration, and survival of desirable trees within the city;
B. Effective tree planting and tree species as a way to increase the resilience of trees and to help create a “sense of place,” and help minimize the urban heat island effect by increasing the canopy of the city’s urban forest;
C. The protection of community residents from personal injury and property damage, and the protection of Eagle Mountain City from property damage caused or threatened by the improper planting, maintenance, or removal of trees located in and upon public areas and rights-of-way within Eagle Mountain City. [Ord. O-06-2019 § 2 (Exh. A)].
7.10.020 Definitions.
A. “City trees” shall mean any tree which is located on Eagle Mountain City property, including parks, city facilities, and park strips which the city has designated as being maintained by the city.
B. “Hazard trees” shall mean any tree which obstructs the view of street signs and damages city infrastructure. A “hazard tree” shall further be defined as a tree that is a danger to other trees, plants, or humans because of weaknesses or death brought on by diseases or injury, location, unsafe or unmanaged growth, and other unsafe characteristics. A tree shall also be defined as a hazard tree when a harmful disease is present and reasonable risk of spread exists.
C. “Heritage tree” shall mean any tree which is determined to have special significance to the community as of historic value, unique quality, significant girth or height, or protected species identified in the development process as a city resource and is formally accepted as a heritage tree by the city council.
D. “Street tree” shall mean any tree hereafter planted within any street right-of-way or easement adjacent thereto.
E. “The city” or “city” shall mean Eagle Mountain City.
F. “Top” or “topping” shall mean improper or unacceptable pruning practices involving pruning cuts made within the tree that do not allow for compartmentalization of the wound. “Top” or “topping” shall also mean cutting branches or stems of a tree at random locations or to a branch connection that is not of sufficient size to assume apical dominance. “Topping” can also be defined as removing more than 25 percent of the living canopy of a tree during any growing season.
G. “Tree trimming” shall mean the removal of plant parts to control growth and enhance performance or function in the landscape by developing and preserving tree structure and health in accordance to approved and acceptable pruning practices. The removal of water sprouts, sucker growth, and hanging limbs constituting less than 10 percent of the tree canopy is not considered tree trimming according to the provisions of this chapter. [Ord. O-52-2023 § 2 (Exh. A); Ord. O-06-2019 § 2 (Exh. A)].
7.10.030 Urban forester.
Eagle Mountain City shall designate and preserve the position of urban forester. The urban forester shall be the supervisor of the tree planting and care ordinance and administrator of the provisions of this chapter. The urban forester shall:
A. Be an Eagle Mountain employee designated, if qualified, by the parks and recreation director;
B. Be an ISA certified arborist;
C. Be responsible for the long-term management, health, maintenance, inventory, planting, and design of city trees in cooperation with appropriate city departments;
D. Train and supervise city crews so the best methods of tree care are practiced in the community. [Ord. O-06-2019 § 2 (Exh. A)].
7.10.040 Tree planning.
A. The urban forester shall have primary responsibility and final say on all matters regarding tree stewardship.
B. The community development department shall coordinate with the parks and recreation department and urban forester to generally plan tree placement, coordinate and incentivize plantings with new developments, and facilitate canopy management.
C. The parks and recreation department shall generally plan quantities of trees, exact locations, resources needed to maintain strong trees, the general care of the trees, the species used, and the processes for removal and replacement of trees.
D. The streets and neighborhood improvement departments shall notify the parks and recreation department throughout the normal course of their duties of the existence of hazard street trees posing an immediate risk to the safety of persons or property. [Ord. O-06-2019 § 2 (Exh. A)].
7.10.050 Citizen stewardship.
Citizens/property owners, occupants, and their agents shall have the following responsibilities for the protection of trees in park strips abutting their real property except those park strips that are maintained by the city:
A. Periodic watering and fertilization of trees in park strips abutting their property as necessary to maintain good health and vigor.
B. Protect trees in park strips from damage caused by lawn mowers, weed trimmers, snow blowers, and similar equipment.
C. Protect trees in park strips from damage caused by attachment of any items such as signs, nails, wires, ropes, and chains.
D. Rake, clean up, and properly dispose of leaves that fall from trees so leaf fall does not impede the storm water system.
E. Refrain from planting trees in locations or of certain species which may cause damage to nearby properties, above or below ground utilities, or pathways.
F. Proper pruning of trees which project over any sidewalk to clear any branches between the ground and a height of eight feet for that portion of the foliage located over the sidewalk. [Ord. O-06-2019 § 2 (Exh. A)].
7.10.060 City stewardship.
Eagle Mountain City shall assume stewardship for and responsibility toward the following tasks:
A. Tree care, including watering, pruning, and replacing as needed in city owned and operated parks, on the grounds of city buildings, and in park strips and streetscapes that the city administration has designated will be maintained by the city.
B. All trees located within city streets, parks, landscape borders, or on city-maintained property shall be maintained according to standards set by the National Arborist Association, International Society of Arboriculture, Utah Community Forest Council or other appropriate organization. Topping is prohibited.
C. Removal and replacement of diseased or dying city trees that are beyond reclamation.
D. Removal of city or street trees and/or limbs that the urban forester, in cooperation with the streets manager, determines to be a hazard. [Ord. O-06-2019 § 2 (Exh. A)].
7.10.070 New developments.
Trees existing on the site of imminent development or redevelopment shall be kept in place and a protection zone established to mitigate risk of damage. When such action is likely unfeasible, the urban forester will coordinate with the site developer to relocate the tree(s) or pay a fee equal to the value of the tree to be removed as determined by the latest edition of the “Guide for Plant Appraisal” as published by the International Society of Arboriculture. [Ord. O-36-2020 § 2 (Exh. A); Ord. O-06-2019 § 2 (Exh. A)].
7.10.080 Correcting hazardous tree conditions.
A. Where a hazard tree on private property poses a risk of harm to persons or property, the property owner shall be responsible to mitigate, abate, remove, or correct the hazard tree or obstruction.
B. Where a hazard tree poses immediate risk of injury or harm to persons or property and the property owner does not take action, the city may mitigate the hazard.
C. The city shall be responsible for enacting and adhering to a regular tree maintenance schedule for mitigating, abating, removing, or correcting any hazard tree or obstruction on any public property or rights-of-way. Priority shall be given to hazard trees that pose immediate risk of injury or harm to persons or property. [Ord. O-06-2019 § 2 (Exh. A)].
7.10.090 Protection of city trees.
A. It shall be unlawful for any person to do any of the following:
1. Construct a concrete, asphalt, brick, or gravel sidewalk within 18 inches of a city tree that damages any part (roots, crown, trunk) of the tree so as to cause injury or death to the tree;
2. Pile building material, equipment, or other substance on or near a city tree so as to cause injury to the tree;
3. Pour or spray any injurious matter on or around a city tree;
4. Injure any city tree, tree stake, or guard with any vehicle or animal, or any other manner causing injury to any city tree;
5. Post any sign or fasten any guy wire, cable, or rope to any city tree, tree stake, or guard;
6. Prune trees for commercial exposure unless otherwise approved by the city’s urban forester in consultation with the community development department. [Ord. O-06-2019 § 2 (Exh. A)].
7.10.100 Removal of trees.
A. It shall be unlawful for any person, firm, partnership, corporation or organization of any kind to remove any tree or shrub upon any public street or on any city-owned property, including park strips, within the city without first having obtained written authorization from the urban forester. Written authorization shall state specifically the work to be done, and shall expire 30 days after the date of its issue.
B. Any tree, tree stump or shrub that shall be removed from any of the public streets or places within the city shall be removed below the surface of the ground so that the top of the stump shall not project above the level of the ground, unless permission to leave a projected stump is granted by the urban forester.
C. The city may condemn and remove, or order the removal of, any tree, tree stump, shrub, or plant upon any of the public streets or on city-owned property within this city where the same is dead, diseased or for any reason whatsoever is deemed undesirable or unsafe by the urban forester, or designee.
D. The city may condemn and remove, or order the removal of, any tree planted upon any of the public streets or on city-owned property within this city that was planted by any person, firm, partnership, corporation or organization of any kind without written approval by the urban forester. [Ord. O-06-2019 § 2 (Exh. A)].
7.10.110 Heritage trees.
The urban forester, in conjunction with the city’s parks and recreation department, the community development department, and property owners, may identify, mark, publicize, and preserve historic and notable trees on public or private property in conjunction with the Utah Heritage Tree Act. The urban forester may help locate and record healthy trees that qualify as candidates for the Utah Heritage Tree Register. [Ord. O-06-2019 § 2 (Exh. A)].