Chapter 12.05
SHADE TREES
Sections:
12.05.030 Shade tree committee established.
12.05.040 Responsibilities and authority.
12.05.060 Duties and responsibilities.
12.05.070 Adoption of ANSI A300.
12.05.080 Adoption of ANSI Z133.
12.05.090 Arborist license and bond.
12.05.100 Planting regulations.
12.05.120 Preservation of historic trees and the community forest.
12.05.130 Protection of public trees near construction.
12.05.140 Abuse of trees on public property.
12.05.150 Removal of trees on public property.
12.05.160 Abatement of nuisances.
12.05.170 Interference prohibited.
12.05.190 Review by City Council.
12.05.200 Amendments/additions.
Prior legislation: Ord. 2010-08.
12.05.010 Purpose.
The City of Francis recognizes the importance of large trees in the community as a major element in preserving Francis’s heritage and rural character and in moderating temperature, wind, and water runoff. The City Council declares it to be policy that specified property be landscaped to enhance the natural beauty of Francis; that responsibilities of City departments be coordinated to encourage quality landscaping using appropriate species in appropriate locations such that street environments are made aesthetically pleasing and hospitable, to prevent damage to utilities and reduce risks to pedestrians and motorists, and that residents of Francis City be encouraged to plant and maintain trees on private property. This chapter establishes policies, regulations, and standards necessary to ensure that the City of Francis will continue to realize the benefits provided by its community forest and to encourage, promote, and facilitate the planting and maintenance of a diversity of tree species and age classes to provide and perpetuate a sustainable community forest. (Ord. 2012-03 § 1, 2012.)
12.05.020 Definitions.
“ANSI A300” means that certain standard practice set forth for standard tree, shrub and other woody plant maintenance as published by the American National Standards Institute, Inc. (2005 or most current).
“Community forest” means the sum of all trees within the City.
“Critical root zone” means the area under a tree extending from the trunk base in all directions to the dripline. May be approximated in feet by multiplying diameter at breast height (DBH) in inches by one and one-half feet.
“Hazard tree” means a tree which threatens the public health, safety or welfare by nature of being dead, structurally unsound, or is host to a communicable, destructive disease.
“Historic tree” means a tree that is significant to the community forest by nature of its unique botanical characteristics, or by being planted by a pioneer or at the site of an historic event or location.
“Park trees” means trees, shrubs, bushes and all other woody vegetation in public parks and all areas owned by the City of Francis, or to which the public has free access as a park.
“Street trees” means 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.
“Topping” means the severe internodal cutting back of branches to stubs larger than three inches in diameter within a tree’s crown, or the removal of the top part (trunk and limbs) of a coniferous tree, thereby removing the normal canopy, altering the species’ structural characteristics, and disfiguring the tree. (Ord. 2012-03 § 1, 2012.)
12.05.030 Shade tree committee established.
A shade tree committee for the City of Francis is hereby created to be an advocate for the shade trees within the Francis community forest on both public and private properties. The shade tree committee shall consist of all of the members of the City Planning Commission at any given time.
1. Term of Office. The terms of office for members of the committee shall correspond to the terms of office of the Planning Commission members.
2. Vacancies and Removal for Cause. Vacancies and removal of appointed members shall be governed by the procedures applicable to the Planning Commission.
3. Quorum and Vote. A quorum shall consist of a majority of all members of the committee. A motion shall not be presented unless a quorum is present. A majority vote shall be constituted of at least a majority of members present.
4. Bylaws. The shade tree committee may promulgate such rules, regulations and bylaws as deemed necessary to carry out the effective and efficient functions of their office.
5. Meetings. The shade tree committee shall meet as and when needed, as determined by the committee. Public notice shall be given for all meetings as provided by law. Written records of all proceedings and meetings shall be kept. Copies of such records will be given to the City Council.
6. Compensation/Expenditures. The shade tree committee shall serve without compensation, except that the City Council shall provide for reimbursement of the shade tree committee for actual preapproved expenses incurred, upon presentation of proper receipts and vouchers. The shade tree committee may, upon the approval of the City Council, employ experts or consultants, and pay such expenses, exclusive of gifts, as may be reasonable and necessary for carrying out the duties defined in this chapter, providing that such expenditures may not exceed the amount appropriated for the operation of the shade tree committee by the City Council.
7. Donation Fund. The shade tree committee may solicit and receive donations, legacies, bequests, or devises for tree education, planning, planting, maintenance, or improvement of the community forest, in part or whole. Donations received by the committee with a statement in substantially the following form shall be maintained by Francis City in accordance with state and City ordinances.
I hereby donate/give: (the sum of $_________, ) or, (the description of ___________________________,) to the shade tree committee donation fund, which I understand is not a city of Francis fund, deposited with the city of Francis treasurer. I further direct that said donation be used for (specified use, if any) ____________________________________________, or for tree education, planting, maintenance, or improvements of the community forest only.
(Ord. 2012-03 § 1, 2012.)
12.05.040 Responsibilities and authority.
The duties of the shade tree committee shall include the following:
1. Conduct an inventory of all trees on City-owned properties, and identify any other historic trees within the community forest, as a baseline for an initial community forest master plan.
2. Draft a community forest master plan that shall include short-, medium-, and long-range goals along with a strategy for meeting them; and submit to the City Council for approval. The community forest master plan shall designate the type, size, number and kind of trees to be planted, and special conditions, if any, on City properties and rights-of-way. Develop a review process to aid in implementation of the community forest master plan. Periodically reevaluate and update the community forest master plan and submit a copy for approval to the City Council.
3. Study any problems, such as hazard trees, or issues related to the community forest and determine an appropriate course of action in cooperation with the Community Forester. Make recommendations to the Community Forester related to the planting, pruning, spraying, removing, and irrigating of public trees and surrounding grounds insofar as it may be necessary for the proper growth, care, and protection of the trees.
4. Recommend changes in City ordinances, policies and practices, including FCC Titles 17 and 18 and commercial site plan reviews, that will encourage planting and care of site-appropriate trees. The shade tree committee may also consult with existing subdivisions to develop planting programs.
5. Encourage the protection of trees in the City area which are notable or of historical significance by seeking such designation under the Heritage Trees Act, Section 65A-8-301 et seq., Utah Code Annotated, as amended, or the heritage and historic preservation sections of City code.
6. Conduct educational programs on the benefits of the community forest and encourage tree planting on public and private property by providing information on the value of landscaping, recommended species selection and proper planting procedures.
7. Promote appreciation of trees and the community forest through an annual Arbor Day celebration and other activities.
8. Have the authority to generate or seek funding, and have the authority to receive gifts, donations, or bequests from any person or source, for planting, maintaining, or enhancing approved City property or right-of-way, or for other programs sponsored by the shade tree committee. Such gifts or bequests shall be received by the City Treasurer and shall be earmarked for the purposes set out above.
9. Make recommendations regarding community forest budget needs to the City Council and help develop an annual budget.
10. The shade tree committee shall have no authority to act on behalf of or bind the City except as stated in resolutions or ordinances of the City. (Ord. 2012-03 § 1, 2012.)
12.05.050 Community forester.
The Director of the City of Francis Public Works Department may appoint a full-time employee of the City to serve as Community Forester until such time as the City Council deems it advisable to create the independent office of Community Forester. (Ord. 2012-03 § 1, 2012.)
12.05.060 Duties and responsibilities.
1. The appointed Community Forester shall complete arborist training as recommended by the State Division of Forestry and disseminate that information to other City departments and any staff under their supervision.
2. The Community Forester shall have the authority and jurisdiction to regulate the planting, maintenance, pruning, and removal of street and park trees and shrubs to ensure public safety; to alleviate interference by trees and shrubs with the provision of essential services; and to preserve the aesthetics of public places. The Community Forester shall report to the Public Works Director but shall communicate pertinent information to all affected entities. All departments of the City shall confirm through the Community Forester that there has been compliance with the community forestry program whenever such department takes or authorizes any type of action which may involve a forestry operation.
3. The Community Forester shall promulgate rules, regulations and specifications governing the planting, maintenance, fertilization, spraying, pruning and bracing of trees on City property to ensure proper planting, care and maintenance of said trees, together with the process to be followed before a tree may be removed. Such rules, regulations and specifications shall be reviewed and endorsed by the shade tree committee. The Community Forester shall supervise the execution and enforcement of said rules, regulations and specifications as they pertain to street trees and park trees located on public property. The Community Forester or his designee shall authorize and inspect all work required in accordance with the provisions hereof. Work authorized and decisions made hereunder by the Community Forester shall be submitted for review by the shade tree committee whenever a request is made for such by either a member of the shade tree committee or by the owner of the property affected by such work or decision. (Ord. 2012-03 § 1, 2012.)
12.05.070 Adoption of ANSI A300.
There is hereby adopted as an official code for the maintenance of trees, shrubs and other woody plants the standards of practice as published in ANSI Standard A300, as published by the American National Standards Institute, Inc., most current edition, unless decided otherwise. (Ord. 2012-03 § 1, 2012.)
12.05.080 Adoption of ANSI Z133.
There is hereby adopted as an official code for the industry standards which cover everything from safe operation of tree care machinery, to the qualities that carabiners, helmets, and arborist ropes must have to ensure the safety of the climber as published in ANSI Standard Z133, as published by the American National Standards Institute, Inc., most current edition, unless decided otherwise. (Ord. 2012-03 § 1, 2012.)
12.05.090 Arborist license and bond.
Any person or firm wishing to engage in the business or occupation of planting, pruning, treating, or removing street or park trees within the City shall confirm procedures with the shade tree committee prior to beginning work. Proof of a business license, current arborist certification and evidence of possession of liability insurance in the minimum amounts of $250,000 bodily injury and $250,000 property damage indemnifying the City or any person injured or damaged resulting from the pursuit of such endeavors as herein described shall be required. The committee shall issue the permit provided for herein if, in its judgment, the proposed work is desirable and the proposed method and workmanship thereof are of a satisfactory nature and demonstrate good arboriculture practices in accordance with ANSI A300. Any permit granted shall contain a definite date of expiration and the work shall be completed in the time allowed in the permit and in the manner as therein described. Any permit shall be void if its terms are violated. Notice of completion shall be given within five days to the committee for their inspection.
1. Permit Revocation. In the event removal of a street, park or heritage tree is effected by a licensed tree care company, knowingly and without written permission as required by the rules and regulations promulgated by the shade tree committee, the company’s permit shall be revoked. (Ord. 2012-03 § 1, 2012.)
12.05.100 Planting regulations.
1. Approved Species. Street tree planting must conform to all guidelines contained in the community forestry master plan. No species other than those included in the community forestry plan may be planted as street trees or park trees without written permission of the committee, and trees may only be selected from the tree list that correspond with the specific proposed tree location as designated in the community forestry master plan. Street trees shall be selected from approved list of large or medium trees such that they can be pruned to be clear to eight feet above sidewalk or street surface at maturity. Healthy arboriculture pruning practices are to be followed in accordance with ANSI A300 Part 1, Pruning (2008 or most current).
2. Prohibited Species. Planting of undesirable trees/vegetation such as Russian olive (Elaeagnus angustifolia), Saltcedar (Tamarix spp.), and other vegetation classified by the Utah Department of Natural Resources as an invasive threat or noxious weed shall be prohibited. Aggressive removal of existing undesirable specimens is encouraged for the preservation of desirable approved species.
3. Large Species. Bur Oak (Quercus macrocarpa), Swamp White Oak (Quercus bicolor), European Larch (Larix decidua), Lacebark Pine (Pinus bungeana), Baldcypress (Taxodium distichum), Paperbark Maple (Acer griseum),Yellowwood (Cladrastis kentuckea), White Fringetree (Chionanthus virginicus), Turkish Hazel (Corylus colurna), European Beech (Fagus sylvatica), Kentucky Coffeetree (Gymnocladus dioicus), Tulip-poplar (Liriodendron tulipifera), Common Hackberry (Celtis occidentalis), Honeylocust (Gleditsia triacanthos), Scots Pines (Pinus sylvestris), Lodgepole Pine (Pinus contorta).
4. Medium Species. Tartarian Maple (Acer tataricum), Black Locust (Robinia pseudoacacia), Amur Cork Tree (Phellodendron amurense), Rocky Mountain Juniper (Juniperus scopulorum).
5. Small Species. Japanese Tree Lilac (Syringa reticulata), Amur Maple (Acer ginnala), Washington Hawthorn (Crataegus phaenopyrum), Mugo Pine (Pinus mugo), Crabapple (Malus species).
6. Spacing. Street trees classified on the approved City list within three size categories shall be planted as follows: small trees – 20 feet apart; medium trees – 30 feet apart; large trees – 40 feet apart. Columnar varieties of tree species may be planted at appropriately decreased spacing. Trees shall be planted no closer to a sidewalk edge than two feet (small trees), three feet (medium trees), and four feet (large trees). All distances shall be measured from the center of the tree trunk.
7. Utilities. No trees other than those species listed as small trees on the approved list may be planted under or within 15 lateral feet of any overhead utility wire, or over or within five lateral feet of any underground water line, sewer line, transmission line or other utility.
8. Landscape and Vegetation Plan. The landscape and vegetation plan required under any chapter of FCC Title 18 shall be part of the permit process of all other committees/departments and shall show existing and proposed vegetation as it relates to proposed development. Such plans shall be referred to the shade tree committee for recommendations at the request of such other committees or departments.
9. Developments. In the case of all new commercial development, industrial or residential development, the developer/owner shall be responsible for new street tree plantings prior to receipt of a certificate of occupancy, unless the shade tree committee grants an exception based on unusual circumstances. Street trees so planted shall be no smaller than two inches in diameter of trunk, one foot above the ground, and shall conform to the community forestry master plan in species, size and spacing, and shall be growing in a 24-inch box (or larger), or be balled and burlapped (B and B). The species of tree to be planted as a street tree under any overhead power line or other obstruction shall be approved by the shade tree committee prior to planting.
10. Existing residential, industrial and commercial developments are encouraged to conform to the community forestry master plan. The standards and regulations within this chapter shall apply to any remodel, addition, or reconfiguration of present structure(s) or site of commercial, business, public, or industrial nature, henceforth. (Ord. 2012-03 § 1, 2012.)
12.05.110 Tree topping.
It shall be unlawful for any person, firm, or City department, as a normal practice, to top any street tree, park tree, or other tree on public property. 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 exempted from this chapter at the determination of the shade tree committee. (Ord. 2012-03 § 1, 2012.)
12.05.120 Preservation of historic trees and the community forest.
It is the intent of the City to protect, preserve, and enhance the existing landscaping within any public areas. The shade tree committee will locate and record on the community forest master plan any notable trees on public or private property that qualify as candidates for the Utah Heritage Tree Register. Where historic trees are located in a City right-of-way abutting private property, citizens are encouraged to provide periodic watering and fertilizing of such historic trees as necessary to maintain good health and vigor. Where sidewalk or curb damage due to tree roots occurs, the shade tree committee and all affected entities will evaluate and develop corrective measures in consultation with any professionals deemed appropriate. (Ord. 2012-03 § 1, 2012.)
12.05.130 Protection of public trees near construction.
Where possible, site designs for any construction projects should be modified to accommodate existing trees over three inches in trunk diameter. Refer to ANSI A300 Part 5 (2005 or most current) Management for Tree Care Operations – Tree, Shrub, and Other Woody Plant Maintenance – Standard Practices (Management of Trees and Shrubs During Site Planning, Site Development, and Construction) and ANSI A300 Part 5, Best Management Practices: Managing Trees During Construction. Care shall be taken during the construction phase to protect the critical root zone from compaction and excessive excavation. Any tree located on City property in the immediate vicinity of any excavation, demolition or construction site of any building, structure, street or utilities work, which has the potential for injury, shall be protected from such injury, as directed by the City of Francis. Should a tree become injured beyond the point of recovery as a result of construction activities, the responsible party shall replace the injured tree. (Ord. 2012-03 § 1, 2012.)
12.05.140 Abuse of trees on public property.
No person shall:
1. Injure, deface, disfigure, or destroy any tree.
2. Damage, cut, carve or injure the bark of any tree with any device, lawn mower or weed trimmer.
3. Attach any rope, wire, device or structure to or on any street or park tree.
4. Cause or permit any fire or heat to injure any portion of a public tree or shrub.
5. Allow any harmful gaseous, liquid or solid substance to come into contact with, be applied to, seep, drain, or be emptied on or around any public tree or plant.
6. Permit any animal under their control to injure any tree or landscaping.
7. Damage the roots of a public tree by compacting or filling on or around the base of the tree within five feet of the critical root zone so as to shut off air, light, or water from the roots.
8. Make or cause excavations in the soil near the roots of public trees unless appropriate measures are taken to prevent exposed soil and roots from drying out. (Ord. 2012-03 § 1, 2012.)
12.05.150 Removal of trees on public property.
No person shall remove, prune or otherwise seriously disturb a street tree or park tree without first receiving authorization from the shade tree committee or the Community Forester. Applications for such authority must be submitted to the committee in writing and shall be acted upon by one of those entities within 10 days after their receipt with an obligation of the Community Forester to advise the applicant of the grant or denial of a permit. A person receiving authorization shall abide by the arboricultural specifications adopted by the City. Permits may be conditional with any reasonable conditions affixed thereto. Where a street tree adjoins property occupied by a dwelling unit and forms a part of the landscaping for such residence, the private property owner may effect cosmetic pruning without the permit required by this section, provided the Community Forester is notified in advance and given opportunity to acquaint the party who will do the pruning with the arboricultural specifications which must be fully complied with in all situations. All stumps of street and park trees shall be removed below the surface of the ground to a depth of 12 inches. (Ord. 2012-03 § 1, 2012.)
12.05.160 Abatement of nuisances.
1. Removal of Hazard Trees. The City shall have the right to cause removal of any dead or diseased tree on public or private property within the City, when such tree threatens the public safety, constitutes a hazard to life and property, or harbors insects or diseases that constitute a potential threat to other trees. The shade tree committee will notify in writing the owners of such trees. The notice will include alternative remedies, if any, to the situation. Should removal be the only remedy, removal shall be done by said owners at their own expense within 60 days after the date of service of notice. In the event of failure of owners to comply with such provisions, the City of Francis shall have the authority to enter upon said property to remove a hazardous tree and charge the cost of such removal to the owner’s water bill.
2. Pruning. The owner of a tree located on private property but which overhangs any street or right-of-way within the City shall prune the branches so that there shall be a clear space of eight feet above the surface of the street or sidewalk. Said owners shall remove all dead, diseased, dangerous, broken or decayed limbs that constitute a menace to the safety of the public. The City of Francis shall have the right to enter upon private property to prune any tree or shrub on that property when it interferes with the visibility of any traffic control device or sign after giving the property owner notice. Pruning should follow ANSI A300 (Part 1) – (2008 or most current) Pruning. (Ord. 2012-03 § 1, 2012.)
12.05.170 Interference prohibited.
It shall be unlawful for any person to prevent, delay or interfere with City personnel, the shade tree committee or any of its agents while engaging in the planting, cultivating, mulching, pruning, spraying or removing of any street tree, park tree or trees on private grounds as authorized in this chapter. (Ord. 2012-03 § 1, 2012.)
12.05.180 Violations.
1. Notice of Violation. In the event that a violation of the provisions of this chapter exists, the shade tree committee or authorized representative shall ascertain the name of the property owner or occupant who caused the violation, and they shall serve notice in writing, either personally or by mailing notice, registered mail, postage prepaid, addressed to the property owner or occupant at the last known post office address as disclosed by the records of the Summit County Assessor, requiring such property owner or occupant, as the case may be, to correct or remedy the violation within the time specified in such notice, from the date of service of such notice, except in the event of an emergency.
2. Assessment of Claim. In the event of failure to effect replacement or otherwise remedy the violation in accordance with such notice, the City shall prepare an itemized statement of all expenses incurred in accomplishing the correction or remedy of such violation and shall mail a copy thereof to the owner demanding payment within 90 days of the date of mailing. Such statement shall be deemed delivered when mailed by registered mail and addressed to the last known address of the property owner involved.
3. Penalty. Any person, business, or corporation violating any provision of this chapter shall be guilty of a class B misdemeanor and subject to a fine not to exceed $299.00. The City of Francis may pursue criminal or civil actions against any entity that violates this chapter as it deems appropriate. In addition to such penalty, the City of Francis may institute any appropriate proceeding to prevent, restrain, or abate any construction or alteration in violation of this code. If the violation of any provision of this code causes the injury, mutilation, or death of a City-owned tree or shrub, the violating party shall not only be subject to a fine but shall make restitution to the City in an amount commensurate with the value of damage to the tree as measured by the International Society of Arboriculture (ISA) tree and shrub valuation guidelines. The City of Francis shall then proceed to replace the tree or take such other remedial steps as may be best calculated to offset the loss occasioned by the violation. If the violating party fails to make payment within a 90-day period, the City may cause a sworn statement to be recorded in the office of the Summit County Recorder showing the cost and expense incurred for the work, the date the work was done, and the location of the property on which the work was done. Such recording of sworn statement shall constitute a lien on the property and shall remain in full force and effect for the amount due with interest thereon as determined by the City of Francis until final payment has been made. A sworn statement recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily, and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law. (Ord. 2012-03 § 1, 2012.)
12.05.190 Review by City Council.
The City Council shall have the right to review the conduct, acts, and decisions of the shade tree committee. Any person may appeal any ruling or order of the shade tree committee to the City Council who may hear the matter and make a final decision. (Ord. 2012-03 § 1, 2012.)
12.05.200 Amendments/additions.
Amendments to this chapter and/or additional rules and regulations may be recommended to the City Council by the shade tree committee as it deems appropriate or necessary. They will be effective upon approval by the City Council. (Ord. 2012-03 § 1, 2012.)