HomeMy Public PortalAboutORD-CC-1996-01ORDINANCE 96-01
AN ORDINANCE AMENDING SECTIONS 12.24.120 A. 1. AND A. 2., 12.24.180 AND
12.24.210 OF THE MOAB MUNICIPAL ORDINANCES REGARDING CHANGES TO
THE TREE STEWARDSHIP ORDINANCE.
WHEREAS, the City Council on the advice of the Moab Shade Tree Commission deems
that it is necessary to adopt tree care standards for pruning and maintaining trees; and
WHEREAS, the City Council deems that it is necessary to adopt a formula for the
replacement of removed or damaged trees; and
WHEREAS, the City Council deems that it is necessary to amend the ordinance so that
appeals are heard by an appeals body rather than a legislative body.
BE IT ORDAINED BY THE MOAB CITY COUNCIL AS FOLLOWS:
That Chapter 12.24 of the Moab Municipal Ordinances shall be amended to read as
follows:
12.24.120 Permit required for pruning, spraying. removal or planting trees in public
places. A. 1. Plant on city -owned property or public right-of-way, or treat, prune, remove or
otherwise disturb any tree or shrub located on city -owned property or public right-of-way, except
that this provision shall not be construed to prohibit owners of property adjacent to city -owned.
property or public right-of-way from watering or fertilizing without a permit any tree, shrub, or
other plants located on such city -owned property or public right-of-way; or
2. Damage, cut, tap, top, carve, or transplant any tree or shrub located on city -owned
property or public right-of-way. The Utah Shade Tree Pruning Standards book published by the
Utah Community Forest Council in 1992 and the American National Standard for Tree Care
Operations (ANSI A300-1995) shall be adhered to for pruning and maintaining trees.
12.24.180 Replacement of removed or damaged trees. Whenever trees are removed from
any public street, avenue or planting strip, adequate replacement shall be made by the person to
whom permission for such removal was given, such replacement shall be determined by the
urban forester; and in consideration of permission to remove such trees, the permittee shall sign
an agreement to plant or pay for the planting of such replacement trees.
Any person that removes or damages trees installed on city owned property or public
rights -of -way without permission from the urban forester shall pay the City for the replacement
cost of the trees and replace such trees according to.the following basal area formula: The basal
area (square inches of a cross section area measured at 12 inches above the ground) is calculated
by multiplying the tree's radius (half its diameter) by itself and multiplying that number by 3.14.
Dividing the removed or damaged tree's basal area by the basal area of the replacement trees will
determine the number of replacement trees required. The minimum diameter of replacement
trees shall be 2 inches measured at 12 inches above the ground.
The basal area formula and the cost to buy, plant and water replacement trees shall be the
basis for the urban forester to determine the replacement cost of the removed or damaged trees.
If the site does not have sufficient space or an adequate irrigation system for the number
of replacement trees required, the urban forester may have the trees planted in other public
locations.
Any person that removes or damages trees installed on city owned property or public
rights -of -way without permission from the urban forester can also be subject to section 78-38-3
of the Utah State Code.
12.24.210 Appeals. Any action of the Urban Forester may be appealed to and heard by
the shade tree commission. To be effective, an appeal must be filed within ten days after the
decision of the Urban Forester. The appeal shall be in writing and shall be filed with the Urban
Forester for placement on the commission's agenda. The appeal shall clearly specify the reasons
for which a hearing is requested. After a hearing, the shade tree commission shall render its
decision, which shall be final unless appealed to the board of adjustments. To be effective, an
appeal to the board of adjustments must be in writing, state the reasons for the appeal, and must
be filed within ten days after notice of the decision of the shade tree commission is mailed to the
applicant. The decision of the board of adjustments shall be final.
DONE IN OPEN COUNCIL this a(( day of
ATTEST:
andra Beauregard
Acting Recorder of Moab City
ch'Vki;
Mayor of Moab City