§ 4-6. Public tree protection.

4-6.1. Purpose.

The purpose of this section is to establish policies, regulations, and standards for the management of public trees within the town limits. Public tree management shall include, but not be limited to, tree establishment, maintenance, protection, and removal.

4-6.2. Objectives.

The objectives of public tree management shall be to maximize the functional benefits of trees while minimizing the costs of management. The objectives of this section shall be as listed below.

(1)

Maintain the town's tree canopy cover at or above its current level.

(2)

Maintain and improve community character

(3)

Enhance the aesthetic appearance of the landscape.

(4)

Provide direction and support to tree management.

4-6.3. Benefits of trees.

Trees provide many environmental, social, and economic benefits that include, but are not limited to, the following.

(1)

Trees produce oxygen and absorb carbon dioxide, thereby reducing air pollution and improving air quality.

(2)

Trees filter out dust, particulate matter, and airborne pollutants, thereby improving air quality.

(3)

Trees intercept precipitation, thereby reducing storm water runoff and improving water quality.

(4)

Tree roots hold the soil, thereby reducing soil erosion and sedimentation and improving water quality.

(5)

Trees provide shade and cooling and provide windbreaks, thereby reducing energy usage and air conditioning and heating costs.

(6)

Trees provide wildlife food and habitat.

(7)

Trees buffer different land uses to eliminate or minimize nuisances such as dust, litter, noise, glare, signs, and unsightly buildings or parking areas.

(8)

Trees improve public health by reducing stress, encouraging exercise, calming traffic, decreasing illness recovery times, reducing crime and domestic violence, and improving concentration.

(9)

Trees attract residents, visitors, commerce and industry to the town and increase the value and marketability of property.

(10)

Trees beautify the town and protect and enhance the quality of life.

4-6.4. Applicability.

The provisions of this section shall apply to all public trees, as described herein.

4-6.5. Public trees.

Public trees shall include all trees growing on town owned property within the street rights-of-way, in parks, in cemeteries, around public facilities, and on all other town maintained and leased properties within the town limits.

4-6.6. Administration.

The town administrator or his/her designee shall be responsible for the administration of all provisions of this section and for public tree management.

4-6.7. Definitions.

As used within this section, the following terms shall have the meanings set forth in this section. The word "shall" as used in this section is mandatory and not merely directory.

Certified arborist. An individual who has passed the International Society of Arboriculture's Certified Arborist examination, is designated as a certified arborist by said organization, and maintains such designation through attending at least 30 hours of qualifying continuing education within each three-year period certification period.

Critical root zone. A more or less circular area on the ground equivalent to the area within the tree's dripline, or a circle around the trunk with a radius equivalent to one and one foot for every one inch in dbh, whichever is greater.

Crown. The upper portion of a tree that contains the large scaffold limbs, branches, twigs, and leaves.

DBH Diameter of the tree trunk at breast height, four and one-half feet above the ground.

Dripline. A vertical line that extends down at the point of the greatest extent of the tree's branches.

Establishment. The selection, placement, planting, and maintenance of new trees in the landscape. The minimum period of time required for establishing trees is generally considered to be three years.

Hazard tree. A hazard tree is one that is at risk for failure, either whole or in part, with the part large enough to cause damage, and there exists within the falling distance of the tree or tree part a target, such as people, buildings, vehicles, or hardscape.

Maintenance routine. Periodic, or occasional activities directed at maintaining or improving a tree's health and condition. Maintenance activities include but are not limited to mulching, pruning, irrigation, fertilization, pest control, cabling and bracing, and lightning protection system installation.

Protection. The active or passive protection of a tree's roots, trunk, and crown for the purpose of avoiding damage to these living structures and maintaining tree health and structural integrity.

Pruning. The deliberate removal of tree branches for a specific purpose, i.e. young tree training, deadwood removal, utility line, traffic, or pedestrian clearance, or correcting structural defects.

REMOVAL The cutting of a tree at ground line to remove the tree's trunk and crown. The tree stump and roots may or may not be removed along with the trunk and crown.

Roots. The below ground portion of a tree that includes large, woody support roots and small, non-woody, fibrous "feeder" roots. Roots are generally located within the top 18 inches of soil and extend out from the trunk two to three times the width of the crown.

Topping. The improper removal of tree limbs with cuts made between nodes; also known as "tipping," "heading," and "shearing."

Tree. A woody perennial plant, generally with a single trunk but sometimes with multiple trunks, with the potential to attain a mature size of at least three inches in trunk diameter at four and one-half feet above the ground and a height of at least 15 feet.

Trunk. The main woody stem of a tree that supports the crown and functions in the transport of water, nutrients, and carbohydrates from the crown to the roots and the roots to the crown.

4-6.8. Annual work plan.

The public services department shall develop an annual work plan for the management of public trees using the tree inventory information. The work plan shall contain the following plans and schedules.

(1)

Tree planting.

(2)

New tree maintenance including mulching, irrigation, and young tree training pruning.

(3)

Tree pruning.

(4)

Tree mulching.

(5)

Tree removal.

4-6.9. Public tree maintenance standards.

The town shall have the right and responsibility to establish, maintain, protect, and remove trees located on public property. Public tree maintenance standards shall be developed and made a part of this section and shall include, at a minimum, standards for tree establishment, maintenance (to include pruning, mulching, fertilization, irrigation, and pest control), protection, and removal. These standards shall incorporate the current version of the following professional standards from the American National Standards Institute.

(1)

ANSI Z60.1 American National Standard for Nursery Stock.

(2)

ANSI Z133.1 American National Standard for Arboricultural Operations - Pruning, Repairing, Maintaining, and Removing Trees, and Cutting Brush - Safety Requirements.

(3)

ANSI A300 American National Standard for Tree Care Operations - Trees, Brush, and Other Woody Plant Maintenance.

4-6.10. Establishment.

4-6.10.1. Tree species list.

The town shall keep a current list of trees recommended for planting on public property and not recommended for planting. The list shall include, at a minimum, the following information.

a.

Species common name.

b.

Latin name.

c.

Mature height category.

d.

Recommended or not recommended.

Mature height categories shall be as listed below.

a.

Small - less than 25 feet in height at maturity.

b.

Medium - less than 40 feet in height at maturity.

c.

Large - at least 40 feet and up to 100 feet or more in height at maturity.

4-6.10.2. Tree quality.

Trees planted on town property shall be good quality and have the following characteristics.

a.

Have healthy roots, trunk, and crown.

b.

Be free from stem encircling and stem girdling roots.

c.

Have a form characteristic of the species, but otherwise with a straight trunk and without co-dominant stems and included bark.

d.

Have well-spaced branches.

e.

Be free from insects, diseases, and mechanical injuries.

4-6.10.3. Tree placement.

Trees shall be planted in locations that meet the following criteria.

a.

At least 30 feet from street intersections.

b.

At least 25 feet from stop signs and light poles.

c.

At least 15 feet from driveways, utility poles, fire hydrants, and mail boxes.

d.

At least two and one-half feet from the curb and sidewalks.

e.

Only small trees shall be planted beneath or within 20 feet of overhead utility lines.

f.

Small trees shall be planted no closer than 10 feet to a building.

g.

No medium tree shall be planted closer than 20 feet to overhead electrical power lines or 20 feet to a building.

No large tree shall be planted closer than 30 feet to overhead electrical power lines or 30 feet to a building.

4-6.10.4. Spacing between trees.

For all street tree plantings, except for special planting plans approved by the tree committee, the following minimum planting distances shall be required.

a.

Small trees shall be planted at least 15 feet apart.

b.

Medium trees shall be planted at least 20 feet apart.

c.

Large trees shall be planted at least 40 feet apart.

4-6.10.5. Open soil surface area.

Trees shall have a minimum of 16 square feet of open soil surface area when planted in tree wells or concrete cutouts. Otherwise, trees shall have the minimum open soil surface areas listed below.

a.

Small trees - 16 square feet (four feet x four feet).

b.

Medium trees - 64 square feet (eight feet x eight feet).

c.

Large trees - one hundred and 144 square feet (12 feet x 12 feet).

4-6.10.6. Utility locates.

The party excavating the planting hole shall be responsible for insuring that all underground utilities have been located and marked prior to any excavation.

4-6.10.7. Town tree planting approval.

Approval from the public works director shall be required for anyone to plant trees or landscape plants on public property. On state highway rights-of-way, a state encroachment permit shall be required (see sec. 4-6.10.8).

4-6.10.8. State encroachment permit.

A state encroachment permit is required for any landscaping work performed on state highway rights-of-way and can be requested from the state department of transportation. A sketch plan of the proposed project must be attached to the encroachment permit application. This plan should show the planting arrangement and the type of plants to be used. Photographs may also be helpful.

All proposed encroachment permit applications should clearly state the following information.

a.

Speed limit (mph).

b.

Cut or fill slope (check with local resident maintenance engineer).

c.

Traffic volume - less or greater than one thousand five hundred (1,500 ADT (check with local resident maintenance engineer).

d.

Label guardrail; barrier curb; sidewalks; edge of pavement and right-of-way line on sketch; indicate traffic lights at road intersections (a label stating "TL" in a box is acceptable).

e.

State distance plant material is from curb or edge of pavement (offset).

4-6.11. Maintenance.

4-6.11.1. Pruning.

a.

Public trees. Tree pruning shall be done on a routine basis to provide pedestrian, traffic, sign, light, and signal clearance, to reduce conflicts with buildings and infrastructure, to improve tree structure, form, and health, and to remove dead, diseased, dying and otherwise objectionable branches over two inches in diameter. Tree pruning shall be done in accordance with current professional standards (ANSI A300). The following clearances shall be maintained through routine pruning.

i.

Seven feet above sidewalks and walkways.

ii.

12 feet above residential streets.

iii.

16 feet above major thoroughfares.

b.

Newly planted. Newly planted trees shall be inspected during the summer months at one, two, and three years after planting and pruned if necessary to improve their structure and health.

c.

Private trees. The town shall have the right to prune trees on private property to provide clearance over public sidewalks and roadways, to improve visibility of signs, signals, and lights, and to reduce hazards.

d.

Utility line. All pruning completed for the purpose of utility line clearance shall be done in accordance with current professional standards (ANSI A300) and shall be supervised by a certified arborist.

e.

Topping. The topping of any publicly owned tree shall not be permitted under any circumstances. The town may, at its discretion, require that any party topping public trees pay a penalty in an amount up to but no greater than the appraised value of the tree prior to topping.

4-6.11.2. Mulching.

All newly planted trees shall be mulched with leaves, aged wood chips, pine straw, or other good quality organic mulch during the establishment period - the first three years after planting. Mulch shall be applied in an even layer, three—four inches deep, out to the dripline of the tree. All trees shall be mulched where practical, as far out towards the dripline as possible. Mulch shall be kept at least six inches away from the tree trunk to avoid creating favorable conditions for insect, disease, or rodent infestation.

4-6.11.3. Fertilization.

Fertilization may be done where and when a soil or foliar test indicates a nutrient deficiency. Fertilization shall be done according to current professional standards (ANSI A300).

4-6.11.4. Irrigation.

Irrigation shall be done for all newly planted trees during the months of May through October at least once per week during periods of drought or low rainfall, up to an amount of one inch of water per week.

4-6.11.5. Pest control.

When public trees are found to have insect or disease infestations that pose a major threat to surrounding trees, they shall be effectively treated or removed by the town. Spraying of insecticides, fungicides, or herbicides shall be done only for the control of specific insects, diseases, or weeds with the proper materials in the necessary strength and applied at the proper time to obtain the desired control. General spraying for insect, disease, and weed control shall be discouraged.

4-6.12. Protection.

During the installation, repair, alteration, or removal of any building, house, structure, utility line, or hardscape, or the conduct of a public event or gathering, any person, firm, or corporation in charge of such work or event shall protect the roots, trunk, and crown of adjacent public trees from harmful activities to prevent injury to such trees.

4-6.12.1. Activities harmful to trees.

Activities harmful to trees shall include, but are not limited to, trenching, grading, grubbing, soil backfill or sedimentation, soil cuts, soil compaction from equipment, vehicle, or pedestrian traffic, soil compaction from materials storage, soil contamination from equipment maintenance and washouts, changes in water drainage, fire, trunk wounds, limb wounds, improper pruning, and broken branches. These activities are common during infrastructure installation or repair, building or facility construction, and public events or gatherings.

4-6.12.2 Tree protection fencing and other protection measures.

a.

Except in the case of public events and gatherings, tree protection fencing shall be erected at the critical root zone prior to the commencement of any harmful activity by the individual in charge of that activity, and shall remain in place until the activity is completed. Other protection measures may include tunneling, trunk wraps, mulching, or irrigation.

b.

Prior to public events and gatherings, trees shall be mulched as described herein.

4-6.13. Removal.

4-6.13.1. Tree removal approval.

Approval from the town administrator shall be required for any party, except for town personnel and those acting at the expressed request or direction of the town, to remove any tree located on public property.

4-6.13.2. Permitted reasons.

Removal shall be permitted for the following reasons.

a.

Tree is dead.

b.

The tree is affected by an insect or disease problem that is untreatable and results in rapidly declining tree health or a hazardous condition.

c.

Tree is dying due to past damage and its condition cannot be improved with standard maintenance techniques.

d.

Tree has an uncorrectable structural defect that results in an increased risk of whole or partial tree failure.

e.

Tree is reducing sight visibility and the correction of the problem will result in severe disfigurement of the tree or crown reduction below 50 percent.

f.

The tree is in a restricted growing space, is in conflict with the surrounding hardscape or infrastructure, and the conflict cannot be resolved.

g.

Tree is in conflict with overhead utility lines and proper pruning cannot adequately reduce the conflict without severely disfiguring the tree.

4-6.13.3. Replacement of trees removed.

All trees removed on public property shall be replaced within two years after removal. If the site where the tree was removed is not suitable for replanting, a tree shall be planted in a suitable location as close as possible to the removal location. If there is no suitable location close to the removal location, then a tree shall be planted in a planned planting location in the vicinity. The Town may, at its discretion, assess a replacement fee of $300.00 per tree for each tree removed to the individual, group, or agency requesting the removal.

4-6.13.4. Stump removal.

All stumps of street and park trees shall be removed to a depth of eight inches below the surface of the ground so that the top of the stump shall not project above the surface of the ground. Sod, grass seed, or other satisfactory ground cover shall be placed and maintained on the site of the removed or ground stump. Stumps shall not be ground in cemeteries.

4-6.13.5. Private trees.

The town shall have the right to remove or cause to be removed trees on private property that are at a high risk for failure, have insect or disease infestations that are a threat to surrounding trees, or are otherwise nuisances that threaten the health and safety of the public.

a.

Written notice.

Owners of premises where a nuisance tree is located shall be served a written notice either in person or by registered mail that action must be taken to abate the nuisance within 30 days. If after 30 days the nuisance has not been abated, the town shall have the right to remove the tree or cause the tree to be removed, and charge the property owner with the cost of removal and all other associated costs.

4-6.14. Damage to public trees.

No person shall damage, destroy, remove, or otherwise harm a tree located on public property without a tree removal permit The town shall require compensation for the damage or destruction of a public tree equal to the appraised value of the tree prior to the damage.

4-6.14.1. Appraised tree value.

The appraised value of a tree shall be calculated by a certified arborist based on the current edition of the Guide for Plant Appraisal developed by the council of tree and landscape appraisers and published by the International Society of Arboriculture.

4-6.15. Enforcement.

The town's enforcement officer shall be responsible for enforcing all the provisions of this section.

4-6.16. Violations.

Except when stated otherwise in this section, any person, firm, or corporation who violates any provision of this section or who fails to comply with any notice issued pursuant to provisions of this section, upon being found guilty of violation, shall be subject to a fine not to exceed $1,087.50 for each separate offense.

4-6.17. Emergencies.

In case of emergencies involving, but not limited to, tornadoes, windstorms, floods, hurricanes, freezes, or other natural disasters, the requirements of this section may be waived by the town administrator upon consultation with town council.

4-6.18. Appeals.

The zoning board of adjustment shall serve as the appeals board for the administration of this section. Requests for an appeal shall be sent at least 10 days prior to a regularly scheduled meeting of the zoning board of adjustment.

(Ord. No. 08-10, 7-15-2008)