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(a) Public works director. For the purpose of carrying out the provisions of this chapter, the public works director shall have responsibility and control over all trees and shrubbery planted or growing in or upon city property. The public works director shall also have responsibility and control over all regulated trees, unsafe and diseased trees located upon private property.
(b) Planning and development director.
(1) The parks and recreation director shall be responsible for formulating a Master Street Tree Plan (MSTP). The MSTP shall specify the species for tree planting. The MSTP shall also identify all regulated trees by type and location that have been specifically designated by the Asheville City Council as historic trees. Prior to its publication, the MSTP shall be presented to the commission for review and recommendation and for adoption by city council. From and after the effective date of the MSTP or any amendments thereof, the MSTP shall govern the species of trees to be planted. In developing the MSTP, consideration shall be given to the existing and future utility and environmental factors in recommending a specific species for each of the streets and other city property.
(2) The engineering director shall have prepared a document entitled, Asheville Standards Specification and Detail Manual, which shall contain the guidelines and specifications for tree planting, care, maintenance, removal and landscape design which shall be adopted by city council and used by developers, landscape architects, designers and the general public in furtherance of the requirements and intent of this chapter. The guidelines shall be reviewed at a minimum, every two years, by the parks and recreation director, engineering director, public works director, and the commission. Major revisions to the guidelines shall be approached by city council.
(Ord. No. 2378, § 1, 6-1-97; Ord. No. 2411, § 1(b), (c), 10-14-97)
(a) Permits shall be obtained from the public works director for all activity involving the planting, grading, removal and replacement of trees on city property except as noted herein. Permits are also hereby required for all removal and replacement of regulated trees and historic trees.
(b) The public works director shall review all requests for permits for the planting, grading, removal and replacement of trees and shrubbery on city property and the removal and replacement of regulated and historic trees. If the planting, grading, removal or replacement complies with the guidelines, the public works director shall issue a permit and may attach reasonable conditions to the permit. If the plans do not comply with the guidelines, the permit shall be denied.
(Ord. No. 2378, § 1, 6-1-97)
Secs. 20-7—20-20. Reserved
ARTICLE II. CITY PROPERTY
(a) No person shall remove, destroy, cut, prune or otherwise treat any tree or shrubbery having its trunk upon any city property or right-of-way or contract with another person to perform such acts without first obtaining a written permit from the public works director except as herein set forth.
(b) No person shall plant or contract with another to plant any tree or shrubbery on any city property, except as herein noted, without a permit from the public works director.
(c) Public and private utilities shall submit written specifications for pruning, trenching or grading around trees and shrubbery on city property to the public works director for approval. A utility company shall not be required to obtain a permit for routine maintenance operations affecting trees and shrubbery having their trunks upon city property so long as such work is done in strict accordance with the specifications as approved by the public works director. A utility company is required to obtain a permit to remove any tree or shrubbery on city property. Approved written specifications shall be valid for two years, after which new specifications or a request for an additional two-year extension of the previously approved specifications must be made by the utility company.
(Ord. No. 2378, § 1, 6-1-97)
(a) No person shall place or maintain upon the ground upon any city property any compacted stone, cement or other impervious matter or substance in such a manner as may obstruct the free access of air and water to the roots of any tree or shrubbery. This provision shall not apply to paving, repairing or altering of city streets, sidewalks and other city property performed by the city.
(b) No person shall perform or contract with another to perform construction work (including the operation or storage of equipment or materials) within the drip line of any tree or shrubbery having its trunk on any city property without first obtaining a permit from the public works director.
(c) No person shall attach any object, including but not limited to, rope, wire, chain or sign, to any tree or shrubbery in or upon any city property or to the guard or stake intended for the protection of such tree or shrubbery except for the purpose of protecting it or the public.
(Ord. No. 2378, § 1, 6-1-97)
(a) Any person subject to the provisions of Article III of this chapter desiring to plant trees and shrubbery in or upon city property or city right-of-way shall, in addition to applying for a permit, submit a planting plan or written statement in triplicate to the public works director who shall return one copy to the applicant and keep two copies on file. All planting plans upon city property shall accurately show the following:
(1) The proposed street width, together with its subdivision of pavement, curb, and gutter, parking strip and sidewalk areas, to a definite indicated scale.
(2) The location of underground and overhead utilities, all poles and posts, to a definite indicated scale.
(3) The proposed location of each and every proposed tree and shrubbery, together with the location of each existing tree, shrubbery, plant, or vine within the proposed street right-of-way in scaled relation to the other features to the plan.
(4) The variety, height and caliper, where applicable, of each and every tree and shrubbery proposed to be planted and of those already existing within the proposed street lines, either indicated on the plan or referenced with a number to a key list.
(5) The distance in feet between the tree and shrubbery in any one row.
(6) The nature of the soil in the planting space to a depth of three feet and all existing and proposed surface and subsurface drainage system.
(b) All written statements filed in lieu of a planting plan shall contain the same information required on the planting plan except in the case of persons not involved in planned development and desires to perform small scale landscape plantings on city property. In such a case, a simple letter of intent outlining the location, method and materials, may be substituted.
(Ord. No. 2378, § 1, 6-1-97)
(a) Trees, shrubbery, flowers, bushes or vines standing in or upon any lot or land abutting city property and having branches, limbs, trunks, or other parts projecting onto city property shall be maintained by the owner of the property on which such trees, shrubbery, flowers, bushes or vines are growing so as not to interfere with the free and safe passage along the city right-of-way by pedestrians and vehicular traffic.
(b) If the owner of such property does not keep this growth from projecting onto city property, the public works director may order its removal. The order shall be in writing to the owner and shall be acted upon within 30 days from the time of the receipt of the order. If, after 30 days, the owner has not responded or acted to remove the projecting growth from such trees or plants, then the public works director may enter upon the private property to perform the work necessary to correct the condition and bill the owner for the actual costs incurred. In situations deemed by the public works director to constitute an imminent threat to the public health, safety or welfare, the public works director may act without prior notification to the property owner.
(Ord. No. 2378, § 1, 6-1-97)
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