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§ 6-6-2-5 STREET TREE POLICIES.
   The following city policies govern the placement of all street trees which are planted on private property, abutting the public right-of-way, or which are required to be planted near streets pursuant to city plans, policies and ordinances; the policies are applicable for all street trees:
   (A)   Size of the trees at maturity should be in proportion to the planting space provided for them. Spacing between evenly spaced street trees should be no greater than the diameter of the tree canopy at maturity, per the Official Albuquerque Plant Palette and Sizing List. Smaller species of trees will require closer spacing, and larger trees will require greater spacing. Spacing shall be approved as part of the plan approval process.
      (1)   Adequate room and spacing for Street Trees (subsection citation) shall be accommodated/ provided pursuant to the details and specifications developed by the city in the Development Process Manual.
      (2)   On sites where evenly-spaced street trees are not possible or do not conform to the overall design objectives of the site, random clustering of street trees may be acceptable, provided that the number of trees planted equals or exceeds the number that would be required if the trees were evenly-spaced.
   (B)   Street trees shall be placed between the curb and the public sidewalk and in the landscape/buffer area, unless traffic safety requires different locations of trees, as specified in division (2) of this division (B).
      (1)   The standard setback of trees located between the curb and the public sidewalk depends on the relationship of the sidewalk to the curb.
         (a)   Where more than four feet of space exists between the back of curb and the sidewalk, street trees shall be planted with their centerline two feet from the sidewalk.
         (b)   Where less than three feet of space exists, street trees shall not be planted into the landscape/buffer area. Any street trees required by the city shall be planted within 20 feet of the back of curb of the abutting street. In addition to fulfilling the street tree requirement, such trees can be included in the calculation described in § 14-16-5-6(D). Furthermore, if an off-street parking area is located along the frontage of the site, these trees may also be used to fulfill the landscaping regulations for these areas, in possible addition to the street tree and coverage requirements.
         (c)   Where the sidewalk is at the curb, two planting schemes are possible:
            1.    Preferably, the tree shall be planted at least two feet beyond the property-side edge of the sidewalk; or
            2.   If the sidewalk is six feet wide or wider, street trees may be planted in cutouts in the sidewalk, and provide the minimum soil volume requirement per the City Forester. The centerline of the tree shall be at least two feet from the back of curb, and at least four feet from the property-side edge of the sidewalk. If the remaining clear sidewalk space between the tree well and the property-side edge of the sidewalk is less than four feet, a grate shall be used to cover the planting hole. The grate shall be of a size and design approved by the City Forester. In all cases, the minimum effective clear sidewalk width (including grate overlap) shall be four feet to allow for wheelchair access.
      (2)   Conflicts can occur with large trees near overhead electric utility lines. The larger the tree, the farther it should be located from an electric utility line. Small growth trees (those under 25 feet high at maturity) can be near the electric utility lines. If possible, locate medium growth trees at least 15 feet away from the electric utility lines and locate large growth trees at least 25 feet from electric utility lines. Trees that grow into or near electric lines may be trimmed back to prevent any growth into the lines.
   (C)   Notwithstanding the standards in division (1) above, the location of street trees shall be determined by the Development Review Board if the standards of division (1) above would result in a tree being located less than eight feet from the face of the street curb. In making decisions on tree location, the Development Review Board shall balance traffic safety with the appearance of the streetscape. The Board shall consider the purposes of §§ 6-6-2-1 et seq. as well as traffic speed and other relevant traffic aspects which may impact public safety.
      (1)   Street trees shall be selected from the species in the Official Albuquerque Plant Palette and Sizing List maintained by the City Forester. The most appropriate species will depend upon the conditions of the particular site.
      (2)   Street trees shall be at 2.0 inches in caliper at the time of planting.
      (3)   Notwithstanding the other provisions of this section, trees planted abutting the public right-of-way or in easements for underground utilities should be located so as not to interfere, either at the time of installation or later, with the function of overhead and underground utility lines. Where this is not possible, street trees shall be planted near but off the public right-of-way. Reasonable location is the responsibility of the person preparing the street tree plan and the person planting the tree. Per criteria that is acceptable to the City Forester, the Planning Director or his/her designee may approve alternative planting schemes if it can be shown that the resulting tree canopies will still provide adequate shading for the sidewalk.
      (4)   Property owners acknowledge that approved landscaping and trees installed and maintained in public rights-of-way abutting private properties are the property of the city, and that the city reserves the right to remove it if necessary for a transportation project without compensation, but at no cost to the property owner. Landscaping installed in the abutting public right-of-way by property owners and later removed by the city shall not impact previously approved net lot area calculations for required landscaping as described in § 14-16-3-10(E)(2),
      (5)   Street trees should normally be deciduous. Adequate vertical clearance below the branches must be maintained for pedestrians, cars, and bicyclists. The minimum height to the lowest permanent branch overhanging a sidewalk shall be seven feet; the lowest height of a permanent branch overhanging a street shall be 14 feet. Coniferous trees may be used as street trees only when the minimum required vertical clearance over streets and sidewalks can be maintained throughout the life of the tree and only where they will not at maturity block solar access to abutting buildings.
      (6)   As it is desirable to have a mix of species and genera represented in the urban forest in order to protect against the loss of trees due to disease, insects or environmental conditions, the following guidelines shall be used:
         (a)   Plantings of ten or fewer trees may all be of the same genus;
         (b)   Plantings of more than ten trees must use at least two different genera, with roughly equal numbers of each.
      (7)   One of every three street trees planted may be an accent tree per the Official Albuquerque Plant Palette and Sizing List, provided the guidelines in § 14-16-5-6(D) and the Development Process Manual are met.
('74 Code, § 8-5-5) (Ord. 54- 1981; Am. Ord. 19-1986; Am. Ord. 40-2004; Am. Ord. 19-2008; Am. Ord. 2016-006; Am. Ord. 2017-025) Penalty, see § 1-1-99