Chapter 12.34
URBAN FORESTRY
Sections:
12.34.030 Tree species to be planted.
12.34.050 Distance from curb and sidewalk.
12.34.060 Distance from street corners and fire hydrant.
12.34.100 Pruning, corner clearance.
12.34.130 Interference with Tree Department.
Code reviser’s note: Ord. C-561 added this chapter as Chapter 12.30. It has been editorially renumbered to avoid duplication of numbering.
12.34.010 Program oversight.
The City of Airway Heights hereby assigns the Public Works Department as the City’s Tree Department and assigns the Airway Heights Parks Advisory Board the duty of advising City staff in matters relating to the urban forestry program as it relates to City property. (Ord. C-561 § 2, 2003)
12.34.020 Definitions.
“Park trees” are herein defined as trees, shrubs, bushes, and all other woody vegetation in areas owned by the City, or to which the public has free access as a park.
“Street trees” are herein defined 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. (Ord. C-561 § 3, 2003)
12.34.030 Tree species to be planted.
The Public Works Department shall be responsible for developing a list of official tree species for Airway Heights including members of small, medium, and large tree varieties. No species other than those included in this list may be planted as street trees without written permission of the Public Works Director. (Ord. C-561 § 4, 2003)
12.34.040 Spacing.
The spacing of street trees will be in accordance with the three species size classes listed in AHMC 12.34.030, and trees are to be planted according to Public Works Standards except in special plantings designed or approved by a landscape architect or landscape designer. (Ord. C-561 § 5, 2003)
12.34.050 Distance from curb and sidewalk.
The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the three species size classes listed in AHMC 12.34.030, and no trees may be planted closer to any curb or sidewalk than is outlined in public works standards. (Ord. C-561 § 6, 2003)
12.34.060 Distance from street corners and fire hydrant.
All street trees planted in the clear view triangle shall meet the requirements of Chapter 17.20 AHMC. No street tree shall be planted closer than 10 feet of any fire hydrant. (Ord. C-561 § 7, 2003)
12.34.070 Utilities.
No street tree other than those species listed as small trees in AHMC 12.34.030 may be planted under or within 10 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. (Ord. C-561 § 8, 2003)
12.34.080 Public tree care.
The City shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds. (Ord. C-561 § 9, 2003)
12.34.090 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. “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. 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 Public Works Department. (Ord. C-561 § 10, 2003)
12.34.100 Pruning, corner 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 obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of at least eight feet above the surface of the street or sidewalk. Prior to entering private property, the City shall give two weeks’ advance written notice to said owners to remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. If the owner fails to remove the condition constituting a safety hazard, 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 otherwise creates a safety hazard. (Ord. C-561 § 11, 2003)
12.34.110 Tree planting.
The City shall have the right to regulate the species, installation method, and relative condition of trees located in the City rights-of-way and City-owned property and to cause removal and replacement of unsuitable, damaged, or unhealthy trees. (Ord. C-561 § 12, 2003)
12.34.120 Removal of stumps.
All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground. (Ord. C-561 § 13, 2003)
12.34.130 Interference with Tree Department.
It shall be unlawful for any person to prevent, delay or interfere with the City Tree Department, or any of its agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying, or removing of any street trees or park trees as authorized in this chapter. (Ord. C-561 § 14, 2003)
12.34.140 Penalty.
Any person violating any provision of this chapter shall be, upon conviction or plea of guilty, subject to a fine not to exceed $2,000. (Ord. C-561 § 15, 2003)