CHAPTER 11
STREET TREES AND TREE PLANTING
Sections:
4-11-102 Ordinance Administration.
4-11-103 Street Tree Maintenance and Care.
4-11-107 Street Trees in New Development.
4-11-108 Street Tree Planting in Previously Developed Areas.
4-11-100 Purpose and Intent.
(1) Springville City recognizes substantial economic, environmental and aesthetic importance of the trees and plantings within the community. It is in the best interests of the citizens and public that a plan be developed to regulate the planting and maintenance of trees and other plantings in or adjacent to streets and within easements, in rights-of-way and other public places within the City, to provide for orderly development and protection of public facilities, and to regulate the removal of trees that contribute significantly to the value of land, preservation of resources, and quality of life in the City.
(2) It is the intent of the City Council of Springville 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; and
(b) The protection of community residents from personal injury and property damage, and the protection of Springville 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 Springville City.
(Adopted by Ordinance No. 3-06; Ord. No. 03-2012, 03/06/2012)
4-11-101 Definitions.
(1) “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.
(2) “Other plantings” shall mean any shrubs, grass or ground cover planted within street rights-of-way or easements or in proximity thereto, or on adjoining property.
(3) “Director of Buildings and Grounds” shall mean the person or designee responsible for maintenance of street trees.
(4) “Responsible developer” shall mean a developer who has chosen to install street trees in a commercial, industrial or multi-family development.
(5) “Street tree” shall mean any tree hereafter planted within any street right-of-way or easement adjacent thereto.
(6) “Street Tree Program” shall mean a manual prepared by the Director of Buildings and Grounds, or designee, pursuant to this Chapter, containing regulations and standards for the planting, maintenance, and removal of trees in and upon public areas and rights-of-way within the City.
(7) “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 twenty-five percent (25%) of the living canopy of a tree during any growing season.
(8) “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 ten percent (10%) of the tree canopy is not considered tree trimming according to the provisions of this Chapter.
(Adopted by Ordinance No. 3-06; Ord. No. 03-2012, 03/06/2012)
4-11-102 Ordinance Administration.
(1) Authority. The Director of Buildings and Grounds or designee shall be responsible for administering and enforcing the street tree ordinance. He or she shall:
(a) Have supervision of all trees and shrubs planted or growing in public street or City-owned places within the City.
(b) Supervise and inspect the planting, trimming, spraying, preservation and removal of trees and other plants in public streets, in City cemeteries, and in City parks to promote safety and preserve the beauty of such public places.
(c) Care for all trees in the City which have been designated by the Parks and Recreation Board, or designee, as heritage trees.
(d) Review all applications for permits and shall act on the same.
(e) Supervise the maintenance of trees in the right-of-way of all public streets and may prune or remove such trees as he determines such action to be in the best interest of the City.
(2) Governing Standards. The Director of Buildings and Grounds, or designee, shall develop and periodically review and revise, as necessary, the Springville City Street Tree Program. This manual shall contain regulations and standards for the planting, maintenance, and removal of trees, shrubs, and other plants upon City-owned property, easements, or public rights-of-way.
(3) Approved Street Tree List. The Director of Buildings and Grounds, or designee, shall prepare an “Approved Street Tree List” containing the botanical and common names of all trees hereafter authorized to be planted in streets or easements adjacent thereto. This list may be revised from time to time by the Director of Buildings and Grounds, or designee, to include other suitable trees, trees to be planted for evaluation purposes only, or to exclude trees deemed to be unsuitable, and shall be included in the Street Tree Program.
(4) Public Awareness. The Director of Buildings and Grounds, or designee, shall make available to any interested persons copies of the street tree ordinance and the Street Tree Program.
(Adopted by Ordinance No. 3-06; Ord. No. 03-2012, 03/06/2012)
4-11-103 Street Tree Maintenance and Care.
(1) Care and Maintenance. The Director of Buildings and Grounds shall initiate and administer a program to provide for the planting, maintenance, care, removal and replacement of street trees, consistent with resources available. At a minimum, adjacent property owners will be required to maintain their park strips by watering street trees.
(2) Standards. All trees located within City streets, parks, rights-of-way, 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. Such standards shall be included as part of the Springville City Street Tree Program.
(3) City Tree Maintenance. The City shall have the right to plant, prune, maintain, and remove street trees located within the public rights-of-way. The City 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 injurious to sewer, electrical power lines, natural gas lines, water lines, or other public improvements, or is affected with any injurious fungus, insect, or other pest. This Section does not prohibit the planting of street trees by adjacent property owners, providing that the selection and location of said tree is in accordance with the City Street Tree Program and a permit is issued.
(4) Tree Replacement. The City may replace street trees or other plantings which have died or been removed for any reason, or plant additional street trees deemed appropriate consistent with available resources.
(5) Adjacent Property Owners to Maintain Trees on Their Property. Adjacent property owner’s trees and other plantings shall not overhang or encroach upon sidewalks, streets, public rights-of-way or other designated pedestrian ways, not obstruct the view of traffic signs or any street intersection. Trees and other plantings shall be pruned clear of all branches between the ground and a height of seven feet (7') for that portion over the sidewalk or pedestrian way. Trees and other plantings that project over any street or access road that may be used for emergency purposes shall be trimmed to a height of thirteen feet, six inches (13'6") from the grade of the street or access road. Said owners shall remove all dead, diseased, or dangerous trees; or broken or decayed limbs which constitute a menace to public safety, at their expense.
(6) Abuse or Mutilation. It shall be unlawful to injure street trees as set forth in Section 8-5-102.
(7) Tree Topping. 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. Trees 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 Director of Buildings and Grounds, or designee.
(8) Debris Removal. The person working on trees on a street, highway, or public area shall be required to remove all debris from the rights-of-way by sunset of the same day, unless specifically authorized to do otherwise by the Director of Buildings and Grounds or designee. The acceptable standard shall be a broom clean finish or better.
(9) Planting Season. Planting season for trees planted along streets, in rights-of-way, in landscape borders, in parks, or City maintained properties is September 1st through May 31st. This will ensure a higher survival rate of new trees. Plantings planned outside of the planting season must acquire written approval of the Director of Buildings and Grounds, or designee, before proceeding.
(Adopted by Ordinance No. 3-06; Ord. No. 03-2012, 03/06/2012)
4-11-104 Removal of Trees.
(1) Permit Required. It shall be unlawful for any person, firm, partnership, corporation or organization of any kind to prune or remove any tree or shrub upon any public street or on any City-owned property within the City without first having obtained a written permit from the Director of Buildings and Grounds, or designee. Any such permit shall state specifically the work to be done under it, and shall expire thirty (30) days after the date of its issue.
(2) Removing Stumps. 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 projecting stump is granted by the Director of Buildings and Grounds, or designee.
(3) City Authority. 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 Director of Buildings and Grounds, or designee. The City shall have the authority to condemn and remove, or order to be removed, any tree, tree stump, shrub, or plant upon private property when the Director of Buildings and Grounds, or designee, shall find such action necessary for public safety or to prevent the spread of disease or insects to public trees and places. Where no apparent emergency exists, the Director of Buildings and Grounds, or designee, shall give at least fifteen (15) days’ notice of intent to remove any street tree to adjacent property owners of the decision to remove the street tree.
(Adopted by Ordinance No. 3-06; Ord. No. 03-2012, 03/06/2012)
4-11-105 Permits.
(1) Planting. It shall be unlawful for any person to plant or cause to be planted any tree in any public right-of-way without first obtaining a written permit from the Director of Buildings and Grounds, or designee. Said permit shall specify the location and variety of trees to be planted.
(2) Trimming. It shall be unlawful for any person, other than City personnel, to trim any approved street tree without first obtaining a permit from the Director of Buildings and Grounds, or designee. The permit shall be issued when the Director of Buildings and Grounds, or designee, finds that the trimming is necessary and that the proposed method is satisfactory. A permit is not required for removing sucker growth, water sprouts, minor limbs causing obstructions, or for removal of less than ten percent (10%) of the tree canopy.
(3) Removal. Any property owner desiring to remove a tree from the park strip or easement abutting his property shall make application to the Director of Buildings and Grounds, or designee. The Director of Buildings and Grounds, or designee, shall determine whether or not such tree is required to be retained in order to preserve the intent and purpose of the Street Trees Program. In making this determination the Director of Buildings and Grounds, or designee, shall consider the inconvenience or hardship which retention of the tree would cause the property owner, and consider also the condition, age, desirability of tree species and location. If the Director of Buildings and Grounds, or designee, finds that the tree may be removed without violating the intent and spirit of the Street Tree Plan, he may schedule the removal by City personnel or the property owner to remove such tree at the property owner’s own expense and liability, providing that any trees removed shall be replaced by street trees as approved by the Director of Buildings and Grounds, or designee.
(4) Replacement. Any replacement shall be made based on evaluation by the Director of Buildings and Grounds, or designee, of the condition of the site to determine whether replacement is warranted. If a permit is granted for removal of a street tree, all removal work shall be completed within sixty (60) days from the date of issuance of the permit and shall be under the general supervision of and in accordance with the Street Tree Program. All removal permits shall be null and void after the expiration of sixty (60) days from the date of issuance, unless extended by the Director of Buildings and Grounds, or designee.
(5) Considerations. In determining whether a tree may be removed and replaced, the Director of Buildings and Grounds, or designee, shall consider, among other things, the following:
(a) Whether the tree or trees pose a potential for safety problems despite a sound maintenance program;
(b) Whether the roots from adjacent park strip trees are interfering with sewer lines servicing the abutting property to the extent that the property owner requires frequent repair of said sewer lines;
(c) Whether the tree is dead, dying or incurably diseased;
(d) Whether the tree is diseased and weakened by age, storm, fire or other injuries so as to pose a danger to persons, property, improvements or other trees;
(e) Whether the tree(s) is of an undesirable species;
(f) Whether the tree poses a hardship to the adjacent property owner such as, but not limited to, the cracking or raising of a garage floor or, in the case of a handicapped person, special circumstances exist which cause the location of the tree to become a hindrance for vehicle and handicapped access; and
(g) Whether removal is necessary for construction of a street widening or other public improvement project, or necessary street or public improvement repair work.
(6) Exceptions. Street trees or other plantings which are required to be planted by a responsible developer, City crews or City contractor may be planted without a permit; provided, however, that such trees and plantings shall conform to such plans and specifications and shall be planted under the supervision of the Director of Buildings and Grounds, or designee.
(Adopted by Ordinance No. 3-06; Ord. No. 03-2012, 03/06/2012)
4-11-106 Other Plantings.
(1) Responsibility for Other Plantings. The person owning or occupying the adjacent property shall be responsible for planting and maintenance and care of any other plantings other than approved street trees in any area in the street between the curb and the edge of the street right-of-way or easement adjacent to the property owner’s property, including, but not limited to, weeding, trimming, spraying and watering. Any damage to the City street trees while installing or maintenance of the other plantings shall be at the cost of the person responsible for the damages.
(2) Exception. The City shall maintain those planting areas within the street which are developed and landscaped as a public improvement.
(3) Regulations for Other Plantings. The property owner may plant in planting strips and easements various plantings such as lawn, ground cover, various perennials or annuals, or shrubs and shall not interfere with clear view or impair the growth of any approved street tree, and will not constitute a public nuisance.
(Adopted by Ordinance No. 3-06; Ord. No. 03-2012, 03/06/2012; Ord. No. 04-2019 § 1, 03/19/2019)
4-11-107 Street Trees in New Development.
(1) Where right-of-way park strip improvements require trees in accordance with Section 11-6-207, City crews will install all street trees in single-family and two (2) family developments. Developers of commercial, industrial and multi-family developments shall install street trees in accordance with City ordinances and regulations.
(2) All street trees will be planted in accordance with the planting detail adopted by the City. Plantings will be inspected by the Director of Buildings and Grounds or designee.
(3) Commercial developers shall install their own street trees and shall provide an improvement completion assurance to the City for improvements until the one (1) year inspection has been completed by the City.
(4) In residential developments, street trees generally will not be planted in park strips until the homes that are constructed on the block are at least eighty percent (80%) complete, those homes are occupied, and the park strip landscape and sprinkling system are installed at homes where trees are to be planted.
(Adopted by Ordinance No. 3-06; Ord. No. 03-2012, 03/06/2012; Ord. No. 04-2019 § 2, 03/19/2019)
4-11-108 Street Tree Planting in Previously Developed Areas.
(1) Planting. Planting of street trees in previously developed areas will be approved and supervised by the Director of Buildings and Grounds, or designee. Trees planted in these areas will be of approved species and a sense of uniformity will be maintained where possible. Private citizens may only plant street trees in these areas with the approval of the Director of Buildings and Grounds, or designee. Unapproved plantings may be removed by the City.
(2) Restrictions. Planting of street trees in previously developed areas will generally only occur in park strips that are six feet (6') wide or wider or as part of a trail system. Areas with narrow park strips may not receive new street trees, even if existing trees are removed. Street trees may be removed from areas with narrow park strips in the interest of public safety.
(Ord. No. 03-2012, 03/06/2012; Ord. No. 04-2019 § 3, 03/19/2019)
4-11-109 Heritage Trees.
(1) Description. The City may, with participation of the landowner, designate trees of importance as heritage trees. Trees receiving this designation should have historical or peculiar significance to the community. Trees that are designated as heritage trees will become the responsibility of Springville City and will be under the care of the Director of Building and Grounds, or designee.
(2) Maintenance. Heritage trees may not be pruned, sprayed, altered in any way, or removed without written consent of the Director of Buildings and Grounds, or designee. Heritage trees shall be protected from construction, excavation, or any other kind of development that would negatively affect the tree, its trunk, its branches, or its root system at any time. It will be unlawful for anyone to disfigure, damage, compromise, or destroy a heritage tree.
(3) Classification as a Heritage Tree. A tree can only be accepted as a heritage tree if:
(a) The tree has proven historical significance.
(b) The tree has a peculiarity that makes it significant.
(c) The tree is free from infestation that may cause the demise of the tree.
(d) The landowner agrees to give responsibility of the tree to the City.
(e) The tree is free from past topping or other pruning that has compromised the structure of the tree in any manner.
(f) The tree is in apparent good health.
(g) The tree does not exist on property lines that are in dispute.
(h) The tree has been approved by a majority of the Parks and Recreation Board, or designee.
(Adopted by Ordinance No. 3-06; Ord. No. 03-2012, 03/06/2012)
4-11-110 Appeals.
The decision of the Director of Buildings and Grounds, or designee, may be appealed by any person aggrieved by the decision. The appeal shall be in writing, signed by the applicant with a statement of reasons supporting the appeal. The appeal shall be filed with the Parks and Recreation Board, or designee, not later than the fifteenth (15th) day following the decision being appealed. The Parks and Recreation Board, or designee, shall hear the appeal and render an opinion within forty-five (45) days. Any person excepting to any decision rendered by the Parks and Recreation Board, or designee, may appeal to the Council, in writing, within thirty (30) days of the date of mailing of the decision to the applicant.
(Adopted by Ordinance No. 3-06; Ord. No. 03-2012, 03/06/2012)