(A) The city 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 subchapter 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 Agricultural 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—Standard Practices
(B) Establishment.
(1) (a) Species common name.
(b) Latin name.
(c) Mature height category.
(d) Recommended or not recommended.
(e) Mature height categories shall be as listed below.
1. Small - less than 25 feet in height at maturity.
2. Medium - less than 40 feet in height at maturity.
3. Large - at least 40 feet and up to 100 feet or more in height at maturity.
(2) Tree quality. Trees planted on city 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.
(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 2.5 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.
(h) No large tree shall be planted closer than 30 feet to overhead electrical power lines or 30 feet to a building.
The Tree Board may approve other tree placement designs in public spaces that do not meet the above criteria, such as a planned streetscape design.
(4) Spacing between trees. For all street tree plantings, except for special planting plans approved by the Tree Board, the following minimum planting distances shall be required.
(a) Small trees shall be planted at least 25 feet apart.
(b) Medium trees shall be planted at least 35 feet apart.
(c) Large trees shall be planted at least 50 feet apart.
(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 (4 feet x 4 feet).
(b) Medium trees - 64 square feet (8 feet x 8 feet).
(c) Large trees - 144 square feet (12 feet x 12 feet).
(6) Utility locates. No street tree other than those species as listed as small maturing trees may be planted under or within 20 lateral feet of any overhead utility wire, or over or within ten lateral feet of any underground water line, sewer line, transmission line or other utility. The party excavating the planting hole shall be responsible for insuring that all underground utilities have been located and marked prior to any excavation.
(7) City tree planting permit. A city tree planting permit shall be required for anyone to plant trees on public property. On State Highway rights-of-way, a State of South Carolina Encroachment Permit shall also be required (see division (B)(8)). The Tree Committee shall be responsible for issuing City Tree Planting Permits. Applications for City Tree Planting Permits shall include, at a minimum, the following information.
(a) Application date.
(b) Name and contact information of applicant.
(c) Address where the tree is to be planted.
(d) Tree species and variety to be planted.
(e) Caliper size of tree (diameter of trunk measured at 6 inches above the ground line).
(f) Exact location of planting site and description, including the presence of overhead or underground utility lines,
(g) Three-year maintenance plan and schedule.
(8) State of South Carolina Encroachment Permit.
(a) A State of South Carolina Encroachment Permit is required for any landscaping work performed on State Highway rights-of-way and can be requested from the South Carolina 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.
(b) All proposed encroachment permit applications should clearly state the following information.
1. Speed limit (mph).
2. Cut or fill slope (check with local Resident Maintenance Engineer).
3. Traffic volume - less or greater than 1,500 ADT (check with local Resident Maintenance Engineer).
4. 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).
5. State distance plant material is from curb or edge of pavement (offset).
(C) Maintenance.
(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.
1. Seven feet above sidewalks and walkways.
2. Twelve feet above residential streets.
3. Sixteen feet above major thoroughfares.
(b) Newly planted trees. 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 city 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. Pruning shall comply to current national standards (ANSI A300).
(d) Utility line clearance pruning. 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 city 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.
(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, 3-4 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 6 inches away from the tree trunk to avoid creating favorable conditions for insect, disease, or rodent infestation.
(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) Watering. Watering 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.
(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 city. 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.
(D) 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. The minimum radius of the root protection zone should be equal to one foot per inch (dbh) of the affected tree(s).
(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 (including topping), and broken branches. These activities are common during infrastructure installation or repair, building or facility construction, and public events or gatherings.
(2) Tree protection fencing and other protection measures. Except in the case of public events and gatherings, tree protection fencing, consisting of sturdy material at least four feet high, 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.
(E) Removal.
(1) Citizen requests. A tree removal permit shall be required for anyone wishing to remove a tree on public property. The removal of trees on public property shall be the responsibility of the Public Works Department. The Public Works Department or Tree Board may charge the cost of the removal of trees in response to citizen requests, upon recommendation, to the citizen requesting the removal. The Tree Board is vested with the authority to and reserves the right to reject any and all permit requests submitted as deemed appropriate by the Tree Board.
(2) Tree removal permit. A permit shall be required for any party, except for city personnel and those acting at the expressed request or direction of the city, to remove any tree located on public property. The Tree Committee shall issue the tree removal permit. The application for a tree removal permit shall be submitted to the Tree Committee at least ten days prior to a regularly scheduled Tree Board meeting. The Tree Board shall rule on the application and notify the Zoning Administrator and the applicant of the results of the ruling within three days after the meeting. The application for a tree removal permit must include, at a minimum, the following information.
(a) Application date.
(b) Name and contact information of applicant.
(c) Tree location.
(d) Tree species.
(e) Tree dbh.
(f) Reason for removal.
The Tree Board is vested with the authority to and reserves the right to reject any and all permit requests submitted as deemed appropriate by the Tree Board.
(3) Permitted reasons. Removal shall be permitted for the following reasons. Removal for other reasons may be permitted by recommendation of the Tree Board.
(a) The 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) The tree is dying due to past damage and its condition cannot be improved with standard maintenance techniques.
(d) The tree has an uncorrectable structural defect that results in an increased risk of whole or partial tree failure.
(e) The tree is reducing sight visibility and the correction of the problem will result in severe disfigurement of the tree or crown reduction below 50%.
(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) The tree is in conflict with overhead utility lines and proper pruning cannot adequately reduce the conflict without severely disfiguring the tree.
(4) 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 Tree Board shall assess a replacement fee of $300 per tree for each tree removed to the individual, group, or agency requesting the removal.
(5) 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. The Tree Board may preserve stumps with historic significance.
(6) Private commercial trees. The city shall have the right to remove or cause to be removed trees on private commercial 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 (commercial property) where a nuisance tree is located shall be served a written notice from the Zoning Administrator 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 city 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.
(Ord. 10-03-01, passed 3-16-10)