HomeMy Public PortalAboutORD-CC-2008-17ORDINANCE NO.
2008-17
AN ORDINANCE REVISING THE TREE STEWARDSHIP ORDINANCE
WHEREAS, the City desires to update the Tree
Stewardship Ordinance; and,
WHEREAS, the City desires to make the Tree Stewardship
Ordinance easier to administer; and,
WHEREAS, the City desires to accomplish
design goals of the Moab General Plan;
THEREFORE, the following ordinance shall
follows:
Chapter 12.24
the urban
be revised as
Sections:
12.24.010 Purpose.
12.24.020 Definitions.
12.24.030 Applicability.
12.24.040 Urban Forester.
12.24.050 Abuse or mutilation of public trees.
12.24.060 Street trees -Private property owner
responsibility.
12.24.070 Resolution of conflicts between trees and
structures.
12.24.080 Protection of public trees.
12.24.090 Permit required for pruning, spraying, removal,
or planting trees in public places.
12.24.100 License to engage in business of pruning or
removing trees located in public places
12.24.110 Situations which are declared public nuisances.
12.24.120 Abatement of public nuisances.
12.24.130 Pruning and removal by city.
12.24.140 Interference with planting, maintenance, and
removal unlawful.
12.24.150 Replacement of removed or damaged trees.
12.24.160 Penalty for violation.
12.24.170 Enforcement
12.24.180 Appeals.
12.24.190 Performance evaluation of chapter.
12.24.010 Purpose.
It is the purpose of this chapter 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
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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 chapter, the following terms,
phrases, words, and their derivations shall have the
meaning given herein.
"Tree stewardship" means the ongoing and shared
responsibility between public and private entities for the
protection, care and renewal of trees and the people whom
they serve.
"Planting strip" means the lawn, dirt or landscaped
area, or tree well, located on publicly owned land or
easement adjacent to a publicly owned street and/or
sidewalk.
"Public trees" means all trees now, or hereafter,
growing in a public planting strip, or on other city -owned
and maintained parks.
"Nonpublic trees" means trees now, or hereafter,
growing on private property.
"Top" or "Topping" means the inter -nodal cutting back
(between existing stem and/or branch nodes) of stems or
branches resulting in the severe alteration of the species'
genetic structural characteristics.
"Urban Forester" means the Moab City Forester who is
designated by the City Manager.
"Urban forestry program" means the program and staff
which includes the Moab Public Works Department and Urban
Forester charged with the care and management of public
trees.
12.24.030 Applicability.
This chapter covers all trees located in City and Utah
Department of Transportation rights -of -way, public parks
and other public grounds owned by the City, and private
trees that are a public nuisance or hazard.
12.24.040 Urban Forester.
The Urban Forester with the help of the Moab Public
Works Department 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
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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 chapter;
G. Establish educational and informational programs;
H. Establish and maintain the street tree inventory
data base and mapping;
I. Develop and administer an urban forestry master
plan and a landscape specification manual; and
J. Administer this chapter.
Receipt of Gifts and Bequests. The City shall have
the authority to receive gifts or bequests from any person
for the planting, improvement or maintenance of trees and
landscaping 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 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 urban forester.
12.24.060 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 conditions. This is meant to include
weeding, removal of litter, mowing of lawns, replacement of
dead plants and the regular watering of all plantings.
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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 urban
forester. At his or her discretion, the urban forester may
waive the requirements of this subsection for residential
lots.
12.24.070 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.
12.24.080 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 -one-half 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.
12.24.090 Permit required for pruning, spraying, removal or
planting trees in public places.
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 which no fee shall be
charged:
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
Ordinance #2008-17 Page 4 of 8
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 and the
American National Standard for Tree Care Operations (ANSI
A300) shall be adhered to for pruning and maintaining
trees.
B. Issuance. Within seven days of receipt of a
permit application, the urban forester shall issue a permit
to perform (within thirty days of the date of issuance) any
of the acts specified of this section for which a permit is
required whenever:
1. Such acts would result in the abatement of a
public nuisance; or
2. Such acts are not inconsistent with City pruning
and safety standards.
3. 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 chapter.
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.
12.24.100 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, or removing trees 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 indemnify
the city or any person injured or damaged against any loss
Ordinance #2008-17 Page 5 of 8
or damage of any kind or description resulting from the
pursuit of such business or occupation.
12.24.110 Situations which are declared public nuisances.
The following are defined and declared to be public
nuisances under this chapter:
A. Any tree or shrub that is host to a communicable
or destructive disease or other pestilence;
B. The roots of any tree which cause the surface of
a public street, curb or sidewalk to be up -heaved or
otherwise disturbed;
C. 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.
12.24.120 Abatement of public nuisances.
Upon the determination by the urban forester that a
tree 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
chapter. 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.
12.24.130 Pruning and removal by city.
The city shall have authority to condemn and remove
any tree, 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.
12.24.140 Interference with planting, maintenance, and
removal unlawful.
No person, firm or corporation shall interfere with
the urban forester, public works personnel, 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.
12.24.150 Replacement of removed or damaged trees.
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Whenever trees are removed from any public street,
avenue or planting strip, adequate replacement or payment
for plantings in other public spaces shall be made by the
person to whom permission for such removal was given; such
replacement or payment 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/or replace such trees
according to the following basal area formula: The basal
area (square inches of a cross section area measured at
twelve inches above the ground or tree stump if tree is
removed at ground level) 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 two inches measured at twelve 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 or serve a fine for the
replacement cost of the trees.
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.
12.24.160 Penalty for violation.
All violations of this chapter are classified as Class
B misdemeanors, punishable by a fine or imprisonment in the
county jail for a period not to exceed six months, or by
both such fine and imprisonment. Each day of violation or
noncompliance shall constitute a separate offense and may
be prosecuted accordingly.
12.24.170 Enforcement.
The urban forester is charged with the responsibility
for the enforcement of this chapter and may serve notice to
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any person in violation thereof or institute legal
proceedings as may be required, and the city attorney is
hereby authorized to institute appropriate proceedings to
that end.
12.24.180 Appeals.
Any action of the urban forester may be appealed to
the city manager.
12.24.190 Performance evaluation of chapter.
The urban forester shall collect and maintain all
records and data necessary to objectively evaluate whether
progress is being made toward the stated goals of this
chapter. An annual summary and recommendations for action
shall be prepared at the direction of the urban forester
and presented to the city manager. The city manager shall
consider the report and recommendations and take all
actions deemed necessary to accomplish the goals of this
chapter. These actions may include, but are not limited
to, revision or amendment of this chapter or the adoption
of other resolutions or ordinances.
PASSED AND ADOPTED by action of the Governing Body of the
City of Moab in open session this 8th day of April, 2008.
ATTEST;
Rachel Ellison
Moab City Recorder
Dave Sakrison
Mayor of Moab City
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