HomeMy Public PortalAboutCity of St JohnCITY OF ST. JOHN
TREE POLICY
Purpose Statement:
Whereas the City of St. John finds trees are important elements of the environment which protect
health, safety, and the general welfare of the community by providing:
1. A vital contribution to the aesthetic character of the community and the region's natural
beauty;
2. Cost-effective protection against severe weather conditions with cooling effects in the
summer months and insulation effects in winter;
3. Economic support of local property values; and
4. Improved air and water quality with the absorption of pollutants, assimilation of carbon
dioxide and generation of oxygen, and the reduction of excessive noise and adverse
impacts caused by noise pollution.
Therefore the City of St. John finds it prudent to establish regulations and standards necessary to
ensure that the City continues to realize the benefits provided by an urban forest. It is not
intended to resolve or regulate disputes over trees on private property that do not affect general
public safety. Rather, the Tree Policy of the City of St. John is intended to:
A. Preserve and enhance the City's environmental, economic, and social character with
mature trees;
B. Protect public safety, health and welfare, maintain trees in a healthy, non -hazardous
condition; and
C. Establish a process by which public trees are to be planted, pruned, and removed.
Jurisdiction:
The Public Works Director shall manage and regulate the planting, maintenance, protection,
removal and replacement of all public trees within the City in accordance with the guidelines of
this policy. Included among these duties are:
1. Tree Planting Duties
a. Establish and maintain specifications for tree planting on public property.
2. Tree Maintenance Duties
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a. Order the pruning or removal of public trees to ensure public health, safety, and
welfare while considering the health of the tree and other elements of the
infrastructure.
b. Declare trees as public nuisances. Abatement of public nuisance trees.
3. Tree Removal Duties
a. Order the removal of trees located in public rights -of -way which have been
declared to be a public nuisance.
b. Any trees on public rights -of -way scheduled for removal shall be affixed with a
public notice stating the reason for removal. Such notice shall be posted not less
than 30 days prior to scheduled removal date unless determined by the Public
Works Director to be an emergency as it represents an immediate hazard to public
safety.
4. Tree Protection Duties
a. To avoid creating public nuisances or damaging public trees, the Public Works
Director is authorized to require the protection of all public trees and their critical
root zones from construction and other harmful practices.
Responsibility of Adjacent Property Owners:
Any person in possession of private property shall maintain trees located on that private property
which may affect public property or adjoining private property in a safe, healthy condition in
compliance with the provisions of this policy. Adjacent property owners have the following
responsibilities:
1. Obtain a permit from the City before performing any trimming, pruning, or removal of any
tree, inclusive of the critical root zone.
2. Remove or prune trees located on the owner's private property that are considered a public
nuisance.
3. Control pests on trees located on the owner's private property which may, in the
determination of the Public Works Director, pose a threat to neighboring trees whether
public or private.
4. Remove all wood, branch, and leaf debris from the owner's property within 24 hours of
the time any tree work is done.
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Permits:
No person may perform any of the following acts without first obtaining a permit for which no fee
shall be charged, and nothing in this section shall be construed to exempt any person from the
requirements of obtaining any additional permits as required by law:
1. Plant trees on public rights -of -way or in any public places.
2. Prune, cut, remove, or otherwise disturb any public tree. This provision shall not be
construed to prohibit owners of property adjacent to public rights -of -way from watering or
fertilizing such trees.
3. Attach any object to public trees.
4. Dig, trench, excavate or pile soil or any other materials within the critical root zone of any
public tree.
Requirements for Public Tree Planting Permits:
1. Each application for a planting permit shall designate the species and variety of public tree
proposed. The Public Works Director shall designate the location of the planting.
2. Approval of a public tree species, spacing, placement and minimum tree well sizes shall be
obtained from the Public Works Director prior to issuance of a permit.
3. Whenever any public tree is planted or set out in conflict with the provisions of this policy,
the Public Works Director shall remove or cause removal of same. The cost of removal of
such tree may be charged to the person responsible for the planting thereof.
Public Nuisances:
The following are hereby declared to be public nuisances:
1. Any tree or part thereof (public or private) which, by reason of location or condition,
constitutes a hazard to public safety as determined by the Public Works Director.
2. Any tree or part thereof (on public or private property) which obstructs the free passage of
pedestrian or vehicular traffic or which obstructs public street lighting.
3. Any tree or alternate host plant or part thereof (on public or private property) which harbors
pests which reasonably may be expected to injure or harm public trees.
Abatement of Public Nuisances:
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The following are the prescribed means of abating public nuisances under this policy:
1. Any tree or alternate host plant or part thereof (public or private) declared to be a public
nuisance shall be pruned, removed or otherwise treated in accordance with the
requirements of this policy. Except for removal of trees from public rights -of -way, all
costs for nuisance abatement are the responsibility of the adjacent property owner.
2. The Public Works Director may cause a written notice to be personally served or sent by
mail to the owner of the particular property.
3. In the event the nuisance is not abated by the date specified in the notice, the Public Works
Director is authorized to cause the abatement of said nuisance. The reasonable cost of
such abatement may be charged to the subject property owner.
4. The Public Works Director is authorized to cause the immediate abatement of any nuisance
if it is determined by the Public Works Director to be an emergency or immediate hazard to
public safety.
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