HomeMy Public PortalAboutORD-CC-1992-23ORDINANCE #92-23
AN ORDINANCE AMENDING
CHAPTER 12.24 OF THE MUNICIPAL ORDINANCES
BE IT ORDAINED BY THE MOAB CITY COUNCIL that Chapter 12.24 of the Moab Municipal
Ordinances be amended to read as follows and shall henceforth be known as the
Tree Stewardship Ordinance.
Chapter 12.24
Tree Stewardship Ordinance
Sections:
12.24.010 Purpose.
12.24.020 Definitions.
12.24.030 Applicability.
12.12.040 Shade tree commission.
(A) Appointment
(B) Terms and Compensation
(C) Chairperson
(D) Powers and duties
(E) Receipts of Gifts and bequests
12.24.050 Development of an Urban Forestry Master Plan.
12.24.060 Development of a Moab Landscape Specifications Manual.
12.24.070 Abuse or Mutilation of Public Trees.
12.24.080 Pavement openings for purposes of tree planting to be
provided.
12.24.090 Street trees --Private property owner responsibility.
12.24.100 Resolution of conflicts between trees and structures.
12.24.110 Protection of public trees.
12.24.120 Permit required for pruning, removal or planting trees
in public places.
(A) Scope of requirement.
(B) Issuance.
(C) Public utility companies.
12.24.130 License to engage in business of pruning or removing
trees located in public places --Required.
12.24.140 Situations which are declared public nuisances.
12.24.150 Abatement of public nuisance.
12.24.160 Pruning and removal by city.
12.24.170 Interference with planting, maintenance, and removal
unlawful.
12.24.180 Replacement of removed trees.
12.24.190 Penalty for violation.
12.24.200 Enforcement.
12.24.210 Appeals.
12.24.220 Performance evaluation of ordinance.
12.24.230 Severability.
12.24.010 Purpose. It is the purpose of this ordinance to promote and protect the public
health, safety, and general welfare by providing for the regulation of the planting, maintenance,
and removal of trees, shrubs, and other plants within public spaces; to provide a basis for the
professional management of public trees; to provide for their enduring viability and safety; and to
perpetuate the many contributions they make to the financial, social, aesthetic, and environmental
well-being of the city and its residents and visitors.
12.24.020 Definitions. For the purpose of this Ordinance, the following terms, phrases,
words, and their derivations shall have the meaning given herein.
(A) "Tree Stewardship" shall mean the on -going and shared responsibility, between public and
private entities, for the protection, care, and renewal of trees and the people whom they serve.
(B) "Planting Strip" shall mean the lawn area, or tree well, located on publicly owned land
or easement adjacent to publicly owned street and/or sidewalk.
(C) "Public Trees" shall mean all trees now, or hereafter, growing in the planting strip,
or on other City owned and maintained park, golf course, cemetery, or airport.
(D) "Non -Public Trees" shall mean trees now, or hereafter, growing on property other than
"public" as defined above.
(E) "Top" or "Topping" shall mean the internodal cutting back (between existing stem and/or
branch nodes) of stems or branches resulting in the severe alteration of the species genetic
structural characteristics.
(F) "Urban Forester" shall mean the Moab City Forester who is recommended by the Shade Tree
Commission and appointed by the Mayor.
(G) "Urban Forestry Program" shall mean the program and staff which is a part of the Moab
Public Works Department charged with the care and management of public trees.
12.24.030 Applicability. This ordinance covers all trees located in rights -of -way, public
parks and other public grounds, and private trees that are a public nuisance or hazard.
12.24.040 Shade Tree Commission. The mayor shall appoint and city council approve a shade
tree commission consisting of five voting members.
(A) Shade tree commission --Appointment. The appointment of the five citizens on the
shade tree commission shall be made by the mayor and approved by the city council.
(B) Shade tree commission --Term and compensation. Appointees shall be appointed for a
term of three years and until their successors are appointed and qualified. The
members of the shade tree commission shall serve without pay.
(C) Shade tree commission --Chairperson. The shade tree commission shall select a
chairperson from its members who shall serve until a successor is duly selected and
qualified.
(D) Shade tree commission and Urban Forester --Powers and duties.
(1) The shade tree commission shall meet and adopt rules and procedures for
regular and special meetings to fulfill the duties imposed upon it by this
ordinance;
(2) The Shade Tree Commission through the Urban Forester shall:
(a) exercise full control over the regulation, planting, care and control
of shade and ornamental trees and planting, care and control of
ornamental trees and shrubbery planted in any public street, avenue
or way of the city;
(b) plant trees in any public place;
(c) remove any tree or part thereof, dangerous to public safety, or which
has become a nuisance;
(d) recommend funding levels to the City Council and have a budgeted line
item to purchase trees and fund the shade tree program;
(e) develop policies and procedures regarding the Urban Forester duties;
(f) issue permits required by this ordinance;
(g) establish educational and informational programs;
(h) establish and maintain the street tree inventory data base and
mapping;
(i) establish and manage a municipal tree nursery and to foster and
establish a public arboretum;
(j) develop and administer an Urban Forestry Master Plan and a Landscape
Specification Manual; and
(k) administer the Tree Stewardship Ordinance.
(3) The shade tree commission shall identify and mark notable or historic trees
for preservation.
(E) Shade tree commission --Receipt of gifts and bequests. The shade tree commission, on
behalf of and with the consent of the city council, shall have the authority to receive gifts or
bequests from any person for the building, improvement or maintenance on any street, avenue or public
property. Such gifts or bequests shall be received by the city treasurer and conveyed into a special
fund for the purposes set out in this section.
12.24.050 Development of an Urban Forestry Master Plan. The
shade tree commission with the Urban Forester and planning department shall develop an Urban Forestry
master plan which shall establish a clear, concise and comprehensive Statement of Policies and
Objectives for urban forestry management in the City. Including:
(A) short, medium, and long range goals and establish a strategy for meeting them;
(B) an inventory of every public tree;
2
(C) the timing for planting, pruning, and fertilization cycles;
(D) a Community Forest Plan Map which designates tree type categories for use along each
street, avenue, way, park, or golf course in a Planting Design Pattern. A species
list shall be developed for each use category, and thereafter no other than the kind
designated shall be planted on such streets, avenues and ways without the consent of
the Urban Forester;
(E) a process for continual update and improvement of the Urban Forest management plan
elements.
12.24.060 Development of Moab Landscape Specifications Manual. The shade tree commission
with the Urban Forester and planning department shall develop a Moab Landscape Specifications Manual.
Thereafter, all work performed on or for public trees shall conform to said Specifications Manual.
The Moab Landscape Specifications Manual shall establish the following:
(A) planting and maintenance standards, street tree spacing and location requirements,
tree removal criteria, regulations pertaining to hedges and shrubs;
(B) street tree and planting strip design;
(C) planting specifications, pruning and removal specifications, protection and
preservation specifications and spray application specifications; and
(D) landscape and screening requirements.
12.24.070 Abuse or mutilation of public trees. It is unlawful for any person to damage,
transplant, top, remove or mutilate any tree on public property without the consent of the shade tree
commission.
12.24.080 Pavement openings for purposes of tree planting to be provided. Whenever public
spaces are paved, an opening the size of which shall be specified in the Moab Landscape
Specifications Manual shall be left unpaved for tree areas. Any pavement that may be laid over any
tree location area shall be ordered opened, or may be opened, by the shade tree department, and any
rock work which occupied any tree location area shall be ordered removed, or may be removed, by such
department.
12.24.090 Street trees --Private property owner responsibility. Any owner of private
property, abutting city parking/planting strips upon which street trees are located, shall have the
following responsibilities:
(A) Periodic watering and fertilization of street trees when necessary to maintain good
health and vigor;
(B) Protection of street trees against damage caused by lawn mowers, weed trimmers, snow
blowers and similar equipment or attachment of any item such as signs, nails, wires,
ropes, and chains;
(C) Maintain public rights -of -way in a neat, clean, orderly and healthful condition.
This is meant to include weeding, removal of litter, mowing of lawns, replacement of
dead plants and the regular watering of all plantings. Senior citizens and the
disabled may be exempt from this clause when approved by the Urban Forester; and
(D) At the time a new building is constructed on any building lot, trees and irrigation
systems shall be installed along all public rights -of -way by the owner or developer
of the property. The location, species, size and spacing of the trees shall be
approved by the shade tree committee. At his or her discretion, the Urban Forester
may waive the requirements of 12.24.090 (D) for residential lots.
12.24.100 Resolution of conflicts between trees and structures. Where sidewalk or curb
damage due to tree roots occurs, every effort shall be made to correct the problem without removing
or damaging the tree. The Urban Forester shall be responsible for developing or approving corrective
measures in consultation with the city engineer and streets supervisor.
12.24.110 Protection of public trees. Construction activities including but not limited to
excavation, fill, soil compaction, demolition, construction or renovation of any building, street,
sidewalk, parking lot, or utility can damage trees and create unsafe conditions for the public. A11
such work occurring within a distance of one -and -half (1.5) times the height of an adjoining public
tree shall be coordinated with the Urban Forester to mitigate damage to the tree and danger to the
public. Protection measures as specified by the Urban Forester shall be required as a condition of
issuance of any required permits and/or certification of occupancy.
places.
12.24.120 Permit required for pruning, spraying, removal, or planting trees in public
(A) Scope of requirements. No person except authorized municipal staff or crew of a
regulated public service company or their authorized representatives may perform any
of the following acts without first obtaining a permit from the Urban Forester for
3
(B)
(1) such acts would result in the abatement of a public nuisance; or
(2) such acts are not inconsistent with the development and implementation of the
Urban Forest Master Plan or with any regulations or standards of the Moab
Landscape Specifications Manual; and whenever
an application has been signed by the applicant and submitted to the Urban
Forester detailing the location, number, size and species of trees, shrubs,
or other plants that will be affected by such acts, setting forth the purpose
of such acts and the methods to be used, and presenting any additional
information that the Urban Forester may find reasonably necessary;
(4) the applicant agrees to perform the work for which the permit is sought in
accordance with the provisions of this ordinance, the Urban Forestry Master
Plan and the regulations and standards set forth in the Moab Landscape
Specifications Manual.
(C) Public Utility Companies. Public utility companies shall notify the Urban Forester
prior to pruning any tree located on city -owned property for the purpose of
maintaining safe line clearance and shall carry out such work in accordance with
accepted arboricultural standards.
12.24.130 License to engage in business of pruning or removing trees located in public
places --Required. No person shall engage in the business or occupation of trimming, pruning,
treating or removing trees that are located within the public streets, parking or alleyways of the
city without first applying for and procuring a license as provided in this chapter; provided, that
no license shall be required of any public service company engaging in trimming, pruning, topping
or removing tree in public streets, parking or alleyways in the pursuit of their public service
endeavors. Before any license required by this section shall be issued, each application therefore,
shall first file the city corporate surety bond in the amount of five thousand dollars indemnifying
the city or any person injured or damaged against any loss or damage of any kind or description
resulting from the pursuit of such business or occupation.
12.24.140 Situations which are declared public nuisances.
and declared to be a public nuisances under this ordinance:
(A) any tree or shrub that is host to a communicable
pestilence;
(B) the roots of any tree which cause the surface of a
to be up -heaved or otherwise disturbed;
any tree or portion thereof which by reason of location or condition, constitutes an
imminent danger to the health, safety or well-being of the public.
12.24.150 Abatement of public nuisances. Upon the determination by the shade tree
commission that such a trees constitutes a public nuisance, the Urban Forester shall give written
notice to the owner of the property upon which said nuisance exists to trim, remove or otherwise
control such tree in such a manner as will abate such nuisance. Failure to comply with such written
notice within fourteen days thereafter, is a violation of this section. Once in violation, the city
may abate or procure abatement thereof, and the expense of such abatement shall be collected from
the person so offending.
12.24.160 Pruning and removal by city. The city shall have authority to condemn and remove
any tree stump, shrub or vine upon any of the streets, avenues or ways where the tree, tree stump,
shrub or vine is dead, diseased or for any other reason undesirable. The city shall have the
authority to trim or prune any street tree or remove any tree which has been planted in violation
of this code or any other ordinance of the city, without serving notice upon the owner of the
abutting property.
12.24.170 Interference with planting, maintenance, and removal unlawful. No person, firm
or corporation shall interfere with the Urban Forester or persons acting under the Urban Forester's
authority while engaged in planting, mulching, pruning, or removing any tree, shrub or plant in any
street, avenue, or way or public place in the city.
(C)
which no fee shall be charged.
(1) Plant on city -owned property, or treat, prune (over 2 inches in diameter),
remove or otherwise disturb any tree or shrub located on city -owned property,
except that this provision shall not be construed to prohibit owners of
property adjacent to city -owned property from watering or fertilizing without
a permit any tree, shrub, or other plants located on such city -owned
property.
(2) Damage, cut, tap, carve, or transplant any tree or shrub located on city -
owned property.
Issuance. Within seven days of receipt of
shall issue a permit to perform (within 30
acts specified in parts A., immediately
whenever:
a permit application, the Urban Forester
days of the date of issuance) any of the
above, for which a permit is required
(3)
4
The following are hereby defined
or destructive disease or other
public street, curb or sidewalk