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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 Ordinance #2008-17 Page 1 of 8 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 V Ordinance #2008-17 Page 2 of 8 J r 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. Ordinance #2008-17 Page 3 of 8 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. Ordinance #2008-17 Page 6 of 8 n 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 Ordinance #2008-17 Page 7 of 8 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 Ordinance #2008-17 - Page 8 of 8