HomeMy Public PortalAboutTitle 8, Chapter 04- Community ForestryTITLE 8 IONA CITY CODE
CHAPTER 4 (Revision: December 7, 2023) Page 231
CHAPTER 4 Community Forestry
SECTION:
8-4-1: Purpose
8-4-2: Definitions
8-4-3: Community Forester
8-4-4: Establishment of a Shade Tree Committee
8-4-5: Term of Office
8-4-6: Operation
8-4-7: Duties and Responsibilities
8-4-8: Species of Trees Permitted
8-4-9: Utilities
8-4-10: Regulations for Planting Street Trees
8-4-11: Trees and Shrubs Overhanging Public Property
8-4-12: Abuse of Public Trees and Shrubs
8-4-13: Street Tree Care
8-4-14: Tree Topping
8-4-15: Abatement of Nuisances
8-4-16: Interference with City Shade Tree Committee
8-4-17: Adoption of ANSI A300 and ANSI Z133.1
8-4-1: PURPOSE. The purpose of this chapter is 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 the City of Iona.
(Ord. 89, 6/11/2003).
8-4-2: DEFINITIONS. Terms used in this chapter shall have the meanings ascribed
below:
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ANSI A300: That certain standard tree, shrub and other
woody plant maintenance standard practice
as set forth in ANSI A300 (Part I)—2001,
as published by the American National
Standards Institute, Inc. and approved on
May 22, 2001.
ANSI Z133.1: That certain safety standard regarding the
planting and maintenance of trees in
proximity to utility lines as published by
the American National Standards Institute,
Inc. May 22, 2001 Edition.
COMMUNITY FOREST: The sum of all trees and shrubs within the
City.
CRITICAL ROOT ZONE: The area under a tree extending from the
base of a tree in all directions to a line 10
feet outside of the drip-line.
PARK TREES: Public trees, shrubs, bushes and all woody
vegetation located in or upon any public
park owned by the City, but excluding
those trees in the public right-of-way.
PERSON: Any individual, firm, partnership,
corporation, association, company, or
other governmental entity or organization
of any kind.
PRIVATE TREES: Any tree that is not a public tree.
PUBLIC RIGHT-OF-WAY: Improved or unimproved public property
owned by, dedicated to, or deeded to, the
public or the public’s use for the purpose
of providing vehicular, pedestrian and
other public use. Such public property
includes, but is not limited to, streets,
alleys, sidewalks, public utility.
PUBLIC TREES: Trees located upon public property owned
by the City, including street trees.
SHRUB: A woody perennial plant, branched at or
near the base and which at maturity is
expected to grow less than fifteen (15) feet
in height.
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STREET TREES: Trees, shrubs, bushes and all other woody
vegetation whose critical root zone is
located on or encroaches into any public
right-of-way or whose branches overhang
any public right-of-way owned or managed
by the City of Iona.
TOPPING: The severe cutting back of limbs to stubs
larger than three (3) inches in diameter
within the tree’s crown or the removal of
the top part (trunk and limbs) of a
coniferous tree, thereby removing the
normal canopy and disfiguring the tree.
TREE: A woody perennial plant, usually having
one main stem or trunk and many branches
and which, at maturity is expected to
exceed fifteen (15) feet in height and two
(2) inches in diameter. The failure to
achieve such height at maturity shall not
preclude its consideration as a tree.
(Ord. 89, 6/11/2003).
8-4-3: COMMUNITY FORESTER. The City Council may appoint a person to serve as
Community Forester. The Community Forester shall have such duties and perform such functions
as shall be prescribed herein and as required by the City Council. The Community Forester is
hereby authorized to:
(A) Direct, manage, supervise and control the City street tree and park tree program for the
planting, removal, maintenance and protection of all public trees and shrubs on all public
areas.
(B) To guard all public and private trees and shrubs within the City so as to prevent the spread
of disease or pest and to eliminate dangerous conditions which may affect the life, health
or safety of person or property.
(Ord. 89, 6/11/2003).
8-4-4: ESTABLISHMENT OF A SHADE TREE COMMITTEE. There is hereby
created and established a Shade Tree Committee for the City of Iona, which shall consist of a
minimum of five members who reside within the City, one of whom shall be a member of the City
Council. Each member shall be nominated by the Mayor and confirmed by the Council.
(Ord. 89, 6/11/2003).
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8-4-5: TERM OF OFFICE. The terms of the members of the Committee shall be three
years, except that the initial term of two of the at-large members shall be only two years. In the
event that a vacancy occurs during the term of any member, his or her successor shall be appointed
for the unexpired portion of the term. Vacancies shall be filled in the same manner as original
appointments.
(Ord. 89, 6/11/2003).
8-4-6: OPERATION. The committee shall choose its own officers, make its own rules
and regulations and keep a journal of its proceedings. A majority of the members shall constitute
a quorum for the transaction of business.
(Ord. 89, 6/11/2003).
8-4-7: DUTIES AND RESPONSIBILITIES. The Iona Shade Tree Committee shall
provide advice to the City Council, Mayor, Community Forester and City Council as to the
preservation, protection and management of the community forest of Iona, in accordance with the
intent and purpose of this chapter. The committee shall have the following duties and
responsibilities:
(A) Assist the Community Forester in encouraging landscaping installation and maintenance
on private property by providing information on the value of landscaping and the proper
planting and care of trees and other vegetation;
(B) Recommend policies and procedures to identify, mark, publicize and preserve historic and
notable trees on both public and private property;
(C) Assist the Community Forester in promoting appreciation of trees and the Community
Forest through annual Arbor Day observances and other activities;
(D) Encourage improvement of the community forest through planning and policy
development;
(E) Assist City departments in every way possible to enhance the community forest in the City;
(F) Enhance opportunities for obtaining monetary funds for tree purchases, related supplies
and community forestry activities through local and federal assistantship grants and
donations;
(G) Serve as an advocate of the City’s community forest.
(Ord. 89, 6/11/2003).
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8-4-8: SPECIES OF TREES PERMITTED. It shall be unlawful for any person to plant
any public tree except the following species of trees:
Small Trees
Cherry, Canada Red
Crabapple, (persistent or fruitless varieties)
Elm, Camperdown
Honeylocust, Imperial
Lilac, Japanese Tree
Maple, Amur
Mayday
Mountain Ash, European
Plum, Newport
Serviceberry, Saskatoon
Sumac Staghorn
Prunus virginiana ‘Shubert’
Malus spp.
Ulmus glabra ‘Camperdownii’
Gleditsia triacanthos var. inermis 'Imperial’
Syringa reticulata
Acer ginnala
Prunus padus
Sorbus aucuparia
Prunus cerasifera ‘Newport’
Amelanchier alnifolia
Rhus typhina
Medium Trees
Ash, Green (seedless varieties)
Ash, White (seedless varieties)
Birch, Cutleaf Weeping
Ginkgo (male sex only)
Hackberry
Honeylocust, (thornless varieties)
Linden, American (varieties)
Linden, Littleleaf
Maple, Norway (varieties)
Maple, Silver Queen
Fraxinus pennsylvanica
Fraxinus americana
Betula pendula laciniata
Ginkgo biloba
Celtis occidentalis
Gleditsia triacanthos var. inermis
Tilia americana
Tilia cordata
Acer platanoides
Acer saccharinum ‘Silver Queen’
Large Trees
Ash, Green (native species)
Ash, White (native species)
Coffeetree, Kentucky
Honeylocust, Thornless (native species)
Horsechestnut
Linden, American (native species)
Maple, Norway (native species)
Oak, Bur
Fraxinus pennsylvanica
Fraxinus americana
Gymnocladus dioicus
Gleditsia triacanthos var. inermis
Aesculus hippocastanum
Tilia americana
Acer platanoides
Quercus macrocarpa
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Oak, Northern Red Quercus rubra
No species other than those included in the above list may be planted as street trees or in the public
right-of-way without written permission from the Shade Tree Committee.
(Ord. 89, 6/11/2003).
8-4-9: UTILITIES.
(A) It shall be unlawful for any person to plant any public or private tree under or within twenty
(20) lateral feet of any overhead utility wire, or over or within five (5) lateral feet of any
underground water line, sewer line, electric transmission or distribution line or other utility
except the following species of trees:
Cherry, Canada Red
Crabapple, (persistent or fruitless varieties)
Elm, Camperdown
Honeylocust, Imperia
Lilac, Japanese Tree
Maple, Amur
Mayday
Mountain Ash, European
Plum, Newport
Serviceberry, Saskatoon
Sumac, Staghorn
Prunus virginiana ‘Shubert’
Malus spp.
Ulmus glabra ‘Camperdownii’
Gleditsia triacanthos var. inermis 'Imperial’
Syringa reticulata
Acer ginnala
Prunus padus
Sorbus aucuparia
Prunus cerasifera ‘Newport’
Amelanchier alnifolia
Rhus typhina
(B) It shall be unlawful to plant any public or private tree at any location in any manner which
does not comply with the safety standards for planting and maintenance of trees in
proximity to public utilities, as set forth in ANSI Z133.1.
(C) The City of Iona will not be responsible for damage to any tree or shrub located within a
utility easement as a result of the operation or maintenance of public utility lines. Damage
to any public utility system caused by trees improperly located within the public right-of-
way or easement will be repaired at the owner’s expense.
(Ord. 89, 6/11/2003).
8-4-10: REGULATIONS FOR PLANTING STREET TREES. Street trees shall be
classified in accordance with the three species size classes listed in section 8-4-8 of this chapter.
Street trees shall not be planted closer together than the following: small trees, 20 feet; medium
trees, 30 feet; large trees, 40 feet. No trees may be planted closer to the backside of any curb or
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the nearest edge of any sidewalk than the following: small trees, 2 feet; medium trees, 3 feet; and
large trees, 4 feet. All distances shall be measured from the center of the tree trunk at ground level.
(Ord. 89, 6/11/2003); (Ord. 260-04-21, 4/20/2021).
8-4-11: TREES AND SHRUBS OVERHANGING PUBLIC PROPERTY. All owners,
or persons in control of private real property upon which a street tree or shrub is growing, shall
remove or trim, at his or her expense, all limbs or foliage which overhang or project into any public
street, sidewalk, alley or easement and which interfere with public travel or use of such public way
or easement or which do not satisfy the clear view and corner clearance requirements of the City
Zoning Ordinance. Street trees and shrubs shall be trimmed from the ground level to at least twelve
feet (12’) above any public street, public easement or alley, and to at least eight feet (8’) above the
curb and sidewalk.
(Ord. 89, 6/11/2003).
8-4-12: ABUSE OF PUBLIC TREES AND SHRUBS.
(A) Unless authorized by an appropriate public officer, it shall be unlawful for any person to:
(1) injure, deface, disfigure or destroy any public tree;
(2) permit any animal under his control to injure any public tree or shrub;
(3) permit any fire to injure any portion of any public tree or shrub;
(4) cause any toxic chemical to be applied to, seep, drain or be emptied on or about any
public tree or shrub;
(5) attach any device or structure to or on public trees, in a manner which harms or
which may potentially harm a public tree;
(6) injure, destroy, cut or pick any flower or ornamental plant growing, standing or
being on public property;
(7) make or cause excavations in the soil near roots of public trees unless appropriate
measures are taken to prevent exposed soil from drying out;
(8) damage the roots of a public tree by compacting or filling on or around the base of
the tree;
(9) to top, prune or trim any public tree, except in accordance with the provisions of
ANSI A300.
(B) Nothing herein shall prevent or prohibit the pruning, removal, treatment, care or
maintenance of any public tree or shrub, provided such work complies with the provisions
of ANSI A300.
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(Ord. 89, 6/11/2003).
8-4-13: STREET TREE CARE. The City Council shall have the right to remove, trim,
destroy and control all street trees which are planted, grown or maintained in violation of the
provisions of this Chapter. The City Council shall have the right to plant, prune, maintain and
remove street trees 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. 89, 6/11/2003).
8-4-14: TREE TOPPING. It shall be unlawful for any person to prune or top any public
tree or other public tree, except in accordance with ANSI A300.
(Ord. 89, 6/11/2003).
8-4-15: ABATEMENT OF NUISANCES.
(A) The City hereby declares the following actions, practices or objects to be a public nuisance:
(1) Any living or standing private or public elm tree or part thereof infected with the
Dutch elm disease fungus Ceratocystis ulmi (Buisman) or which harbors any of the
elm bark beetles Scolytus multistriatus (Marsham) or Hylurgopinus rufipes
(Eichhoff).
(2) Any public or private dead elm tree or part thereof, including logs, branches,
stumps, firewood or other elm material not buried, burned, sprayed with an
effective elm bark beetle-destroying insecticide, or from which the bark has not
been removed.
(3) The cultivation, maintenance or allowing to grow of any private or public tree
which harbors any insect, disease or infestation by any living creature which poses
a threat to the health or safety of any other public or private tree within the City or
which poses a health or safety threat to any person or property.
(4) Any public or private tree infested by any insect, pest or disease which is
determined by the City Forester to pose a threat to the health of any other public or
private tree.
(5) Any public or private tree, the roots of which are growing beneath a public sidewalk
and which cause a public hazard to the safe and efficient pedestrian travel upon
such sidewalk.
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(6) Any public tree planted, growing or maintained in violation of the provisions of
this Chapter.
(B) Any person who fails to commence the abatement of any nuisance within ten (10) days
after receiving written notice from the City, or who fails to diligently prosecute and
complete the abatement of such nuisance within a reasonable time after the delivery of such
notice, shall be guilty of a misdemeanor. Such notice shall be delivered to the owner or
person in control of any property upon which such nuisance shall exist. Notice shall be
deemed complete upon its deposit in the United States mail, postage prepaid, certified mail,
return receipt request, addressed to the last known address of such owner or person.
(C) In the event any owner or person in control of private real property fails to abate such
nuisance in accordance with the time frame set forth above, then the City may prevent,
remove or abate such nuisance at the expense of such owner or person and may levy a
special assessment against the property upon which such nuisance is located, in accordance
with the provisions of Idaho Code § 50-334.
(Ord. 89, 6/11/2003).
8-4-16: INTERFERENCE WITH CITY SHADE TREE COMMITTEE. It shall be
unlawful for any person to prevent, delay or interfere with the City Forester, or his or her agents
while engaging in and about the planting, cultivating, mulching, pruning, spraying or removing of
any street trees, park trees, or trees on public property, as authorized in this chapter.
(Ord. 89, 6/11/2003).
8-4-17: ADOPTION OF ANSI A300 AND ANSI Z133.1. There is hereby adopted as an
official code for the maintenance of trees, shrubs and other woody plants that certain standard
maintenance practice as published in ANSI Standard A300 (Part I)—2001, as published by the
American National Standards Institute, Inc. and approved on May 22, 2001. There is also hereby
adopted as an official code, that certain safety standard for planting and maintenance of three in
proximity to utility lines, known as ANSI Z133.1 as published by the American National Standards
Institute, Inc., May 22, 2001 Edition. One copy of such codes shall be filed with and maintained
in the office of the City Clerk, for use and examination by the public.
(Ord. 89, 6/11/2003).