Sec. 20-23. Planting plan required where trees and shrubbery are to be planted.

(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)

Sec. 20-24. Trees and shrubbery abutting city property to be kept trimmed; responsibility of owner.

(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)

Secs. 20-25—20-41. Reserved.

ARTICLE III. PRIVATE PROPERTY

Sec. 20-42. Removal of regulated and historic trees.

The public works director may prohibit the removal of a regulated tree or a tree that has been designated by the Asheville City Council as historic. The following factor(s) may be a basis upon which the public works director may deny a permit to remove a regulated tree: (1) there exist no current plan to develop the property; (2) the planned development can be constructed without removing the regulating tree; (3) the purpose for removal can be accomplished with less drastic results; (4) the health of the tree; (5) the proposal for replacement of the regulated tree; and (6) any other factors reasonably related to the tree. The public works director may attach reasonable conditions to the removal. The owner may appeal the director's decision in accordance with section 20-53 of this chapter.

(Ord. No. 2378, § 1, 6-1-97)

Sec. 20-43. Utility responsibility.

Public and private utility companies which install overhead and underground utilities (including CATV) shall be required to accomplish all work affecting trees and shrubbery located on such private property in accordance with the applicability of this chapter.

(Ord. No. 2378, § 1, 6-1-97)

Sec. 20-44. Unsafe trees.

(a)   The public works director may cause or order to be removed any tree or part thereof on private property which is unsafe, injurious to the public welfare or which, by reason of its nature, is injurious to sewers or other public improvements or is infested with an injurious fungus, insect or other pest.

(b)   The public works director may enter upon private property in the city to spray, or otherwise treat or cause or order to be sprayed or otherwise treated, any tree infected or infested by any parasite, insect or pest when it shall be necessary to do so to prevent the breeding or scattering of any parasite or animal pest and to prevent danger there from to persons or property or to trees planted on city property.

(c)   Whenever, in the opinion of the public works director, the removal of a tree or shrubbery on private property shall be necessary, under the provisions of this section, the public works director shall have the power to remove such tree or shrubbery or cause or order the same to be done upon notice and an opportunity to be heard to the property owner.

(d)   Prior to exercising the authority conferred by this section, the public works director shall give the owner notice and an opportunity to correct the condition by requesting that corrective action be taken. The request shall be in writing to the owner of the property in question and shall be acted upon within 30 days (or a lesser period of time if an imminent threat to life or property exists, from the date of the receipt of the request.) If, after 30 days or such less time period, the owner has not corrected the condition or undertaken action that would lead to a timely correction of the condition, the public works director may enter upon the property, perform the work necessary to correct the condition and bill the owner for the actual costs incurred. In situations involving an imminent threat to the public health, safety or welfare, the city may act without prior notification to the property owner but notice shall be given within a reasonable period thereafter.

(Ord. No. 2378, § 1, 6-1-97)