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The Urban Forester, as an employee of the city's Public Works Department and subject to the oversight of the city's Public Works Director, shall be responsible for the administration of all provisions of this chapter and for management of public trees. The City Council, the Public Works Department and other departments within the city will support the Urban Forester or his/her designee in all tree management activities.
(Ord. 13-016, passed 8-13-13)
(A) Establishment. The Parks and Trees Commission is established by § 32.86 of the code and is governed by the provisions of this chapter.
(B) Members. The Parks and Trees Commission shall consist of not more than seven residents of the city and who are able to prepare for and attend meetings. Parks and Trees Commission members shall be appointed by City Council after submitting a Boards and Commissions Application Form to the city. One representative from the city shall be appointed in addition to the seven members and serve ex officio. The ex officio representative of the city shall be a non-voting member of the Parks and Trees Commission.
(C) Quorum. A quorum, defined as the presence of a majority of the total members of the Commission, shall be required for the Parks and Trees Commission to conduct business and/or take any official action. Proxy votes shall not be permitted.
(D) Compensation. Members shall serve without compensation. The city, upon receipt of appropriate receipts and documentation, shall reimburse reasonable expenses incurred by members if such expenditures were approved by the Commission prior to the occurrence of any expenditure.
(E) Term of Office.
(1) The term of office for each member of the Commission shall be three years. Any individual who has served as a member of the Commission for three consecutive terms shall not be eligible for appointment to another term until one year has passed, provided that a term of less than one year shall not be counted in determining eligibility for reappointment.
(2) Terms of office shall be staggered to the extent possible, so that one-third of the members' terms will terminate every third year; provided that each member of the Commission shall serve until his or her successor is appointed and duly installed. The term of office of members shall end on May 31.
(F) Officers, Regulations, and Proceedings. The Commission shall elect a Chairman and Vice-Chairman and appoint a Secretary from among its members. The term of the Chairman and other officers shall be one year with eligibility for reelection. The Commission shall adopt rules for the transaction of business and shall keep a record of its recommendations, transactions, findings and determinations.
(1) Chairman. The Chairman shall be responsible for setting the agenda for each meeting, conducting the meetings, initiating/overseeing projects and providing an annual report to the City Manager of the city or his designee.
(2) Vice Chairman. The Vice-Chairman shall, in the absence of the Chairman, carry out the responsibilities of the Chairman.
(3) Secretary. The Secretary shall be responsible for distributing the meeting agenda and recording and distributing the minutes.
(G) Responsibilities. The function of the Parks and Trees Commission shall be to assist the Urban Forester or his/her designee with the following duties: Arbor Day ceremony; periodic review and recommendations for revision to this chapter; provide suggestions/recommendations for park improvements; advise regarding tree and plant issues within the parks, publicly owned property and ROW within the City; promote and support the Tree City USA program (see § 100.06 below); serve as the appeals board for the administration of this chapter and administer the Margot Rochester Landscape Award in conjunction with the city. The Commission shall keep minutes of its meetings, shall keep records of its activities through correspondence, photographs, articles and written summaries. The Commission shall also make an annual report (subject to the oversight of the Chairman) to the City Council.
(H) Meetings.
(1) Regular meetings for the transaction of business of the Commission may be held with such frequency as the Chairman and Commission members may determine, but not less than six times a year. Upon a minimum of 24 hours notice, special meetings of the Commission may be held at any time at the discretion of the Chairman.
(2) At least 24 hours in advance of any called meeting, public notice shall be posted on the city's website or the city's administrative offices prior to each regularly scheduled or special meeting.
(3) Members absent for more than three consecutive meetings or more than one-half of the regularly scheduled meetings per year may be replaced by recommendation of the Parks and Trees Commission to the City Manager. The Chairman shall advise the City Manager of any members recommended to be replaced or any member that has resigned and ask the City Manager to bring before City Council the appointment a new member to fill the un-expired term of the vacating member.
(I) Sub-Committees. The Parks and Trees Commission may, at its discretion, create sub-committees to assist in conducting its business.
(Ord. 13-016, passed 8-13-13)
The city shall strive to maintain its Tree City USA certification and submit an application for this designation each year by December 15 to the South Carolina Forestry Commission and the National Arbor Day Foundation. To maintain eligibility for this program, the city shall strive to meet all criteria for such certification.
(Ord. 13-016, passed 8-13-13)
The Urban Forester or his/her designee shall maintain a current inventory of public trees to the extent possible and practical. The inventory data gathered and recorded for each tree shall include, at a minimum, the following information:
(A) Location (address or latitude/longitude coordinates);
(B) Tree species;
(C) DBH;
(D) Condition; and
(E) Maintenance needs.
(Ord. 13-016, passed 8-13-13)
The Urban Forester or his/her designee shall develop an annual work plan, to the extent possible and practical, for the management of public trees utilizing the tree inventory information and input from the Parks and Trees Commission. The work plan shall contain the following plans and schedules:
(A) Tree planting;
(B) New tree maintenance;
(C) Tree pruning;
(D) Tree mulching; and
(E) Tree removal.
(Ord. 13-016, passed 8-13-13)
(A) Generally.
(1) Any tree maintenance contracted by the city shall be authorized and performed under the direction and supervision of the Urban Forester.
(2) The city shall have the right and responsibility to establish, maintain, conserve, protect and remove public trees. Standards for public trees shall be governed by the BMPs. The BMPs shall include, to the extent possible and practical, standards for tree establishment, maintenance (to include pruning, mulching, fertilization, irrigation and pest control), protection and removal.
(3) These standards will be guided by the most current version of the below-listed professional standards from ANSI:
(a) ANSI Z60.1 American National Standard for Nursery Stock;
(b) ANSI Z133.1 American National Standard for Arboricultural Operations - Pruning, Repairing, Maintaining, and Removing Trees, and Cutting Brush - Safety Requirements;
(c) ANSI A300 (Part 1) American National Standard for Tree Care Operations - Tree, Shrub and Other Woody Plant Management - Standard Practices (Pruning);
(d) ANSI A300 (Part 2) American National Standard for Tree Care Operations - Tree, Shrub and Other Woody Plant Management - Standard Practices (Fertilization);
(e) ANSI A300 (Part 3) American National Standard for Tree Care Operations - Tree, Shrub and Other Woody Plant Management - Standard Practices (Support Systems for Cabling, Bracing and Guying);
(f) ANSI A300 (Part 4) American National Standard for Tree Care Operations - Tree, Shrub and Other Woody Plant Management - Standard Practices (Lightning Protection Systems);
(g) ANSI A300 (Part 5) American National Standard for Tree Care Operations - Tree, Shrub and Other Woody Plant Management - Standard Practices (Management of Trees and Shrubs During Site Planning, Site Development and Construction);
(h) ANSI A300 (Part 6) American National Standard for Tree Care Operations - Tree, Shrub and Other Woody Plant Management - Standard Practices (Transplanting); and
(i) ANSI A300 (Part 7) American National Standard for Tree Care Operations - Tree, Shrub and Other Woody Plant Management - Standard Practices (Integrated Vegetation Management for Electric Utility Rights-of-Way).
(4) In addition, the most current versions of the following BMPs will be incorporated into public tree maintenance activities to the extent possible and practical: Integrated Pest Management, Managing Trees During Construction, Tree Pruning, Tree Fertilization, Tree Inventories, Tree Lightning Protection Systems, Tree Planting, Tree Risk Assessment, Utility Pruning and Tree Support Systems: Cabling, Bracing and Guying.
(B) Establishment.
(1) Generally. The Urban Forester shall develop a list of approved and appropriate trees to be planted on ROWs, parks and other public facilities. This list shall be approved by the Parks and Trees Commission and shall contain the following information:
(a) Tree species common name;
(b) Tree species scientific name;
(c) Comments on tree characteristics and/or other relevant information; and
(d) Mature height dimensions, per the following height categories:
1. Small;
2. Medium; or
3. Large.
(2) Tree Quality. Trees purchased for planting within the ROW, in parks and other public facilities shall be good quality and at the very least, have the following characteristics and be in compliance with ANSI Z60.1 American National Standard for Nursery Stock (see § 100.09(A)(3)(a) above):
(a) Healthy roots, trunk and crown;
(b) Free from stem encircling and stem girdling roots;
(c) Form characteristic of the species, but otherwise with a straight trunk and without co-dominant stems and included bark;
(d) Well-spaced branches; and
(e) Free from pests, diseases and mechanical injuries.
(3) Tree Placement.
(a) Trees shall be planted in locations that meet the following criteria:
1. At least ten feet from street intersections;
2. At least five feet from stop signs, light poles, mail boxes, water meters and driveways;
3. At least ten feet from fire hydrants;
4. At least two feet from the curb, gutter and sidewalks;
5. Small trees shall be planted beneath or within ten feet of overhead electric lines and no closer than ten feet to a building;
6. Medium trees shall be planted no closer than 15 feet to overhead electrical power lines and no closer than 20 feet to a building;
7. Large trees shall be planted no closer than 20 feet to overhead electrical power lines and no closer than 25 feet to a building.
(b) The Urban Forester may approve or disapprove other tree placement designs in public spaces that do not meet the above criteria, depending on the design, maintenance or other special conditions and/or considerations.
(4) Spacing between trees. For street tree plantings, except for special planting plans approved by the Urban Forester, the following minimum planting distances shall be required:
(a) Small-maturing trees shall be planted at least ten feet apart;
(b) Medium-maturing trees shall be planted at least 15 feet apart; and
(c) Large-maturing trees shall be planted at least 20 feet apart.
(5) Open soil surface area. Trees shall have a minimum of 25 square feet of open soil surface area when planted in tree wells, above-ground planters or concrete cutouts. Otherwise, trees shall have the following minimum open soil surface areas:
(a) Small trees. Suitable for spaces no less than 25 square feet and up to 100 square feet of total planting area; if planted in a planting strip the strip must be at least four feet wide or planted at least two feet from pavement or wall;
(b) Medium trees. Suitable for spaces no less than 64 square feet and up to 200 square feet of total planting area; if planted in a planting strip the strip must be at least six feet wide or planted at least four feet from pavement or wall; or
(c) Large trees. Suitable for spaces with no less than 200 square feet of total planting area; if planted in a planting strip the strip must be at least seven feet wide or planted at least six feet from pavement or wall.
(6) Utility locations. No public tree other than those species as listed as small-maturing trees may be planted under or within ten lateral feet of any overhead electric wires. The party excavating the planting hole shall be responsible for ensuring that all underground utilities have been located and marked prior to any excavation (See S.C. Code Ann. §§ 58-36-10 et seq. (1976, as amended)).
(7) Tree planting permit.
(a) A tree planting permit application shall be required for any person, business or organization (public or private) to plant trees on public property, city-owned ROW or South Carolina Department of Transportation ("SCDOT")-owned ROW.
(b) For tree planting activity on city-owned property, including ROW on city-owned streets, an applicant shall submit an encroachment permit application for tree planting to the Urban Forester. The application shall be reviewed by the Urban Forester who, shall rule on the application and provide notification to the applicant of the results of the ruling within 10 business days after submission, to the extent possible and practical. If the Urban Forester, in his sole discretion, determines that it is not possible or practical to rule on an application within the allotted time, the Urban Forester shall notify the applicant of such delay. Any failure to properly notify an applicant shall not constitute a waiver of the requirement for proper approval by the Urban Forester and an applicant shall not be entitled to perform any tree planting activity unless and until an application is properly approved by the Urban Forester. Failure to properly comply with this provision shall be grounds for penalties as provided in this chapter. Each encroachment permit application for tree planting on city-owned property shall include, at a minimum, the following information:
1. Application date;
2. Name and daytime contact information of applicant;
3. Street address or nearest street address where the tree(s) is to be planted;
4. Tree species to be planted;
5. Caliper size of tree or size of container;
6. Exact location of planting site and description, which indicates the presence of overhead utility lines as well as distances to sidewalk, fire hydrant, curb, street and utility pole - if applicable;
7. Anticipated tree height at maturity; and
8. A signed Tree Maintenance Agreement, copies of which shall be made available by the Urban Forester. Further, the Urban Forester shall be authorized to sign any Tree Maintenance Agreement on behalf of the city.
(c) For tree planting activity within ROWs on SCDOT-owned streets, an encroachment permit is generally required by the state. It is advisable to contact the Urban Forester in advance to determine the street ownership and for consultation before submitting a permit application. The state requires an encroachment permit for any landscaping and/or tree planting performed on state-owned ROW and applications can be requested from the SCDOT. Applications shall be submitted to SCDOT District Office in Kershaw County.
(C) Maintenance.
(1) Pruning.
(a) Public trees. Tree crown pruning shall be done on a routine basis, to the extent possible, 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 or trunk over two inches in diameter. Tree pruning shall be done in accordance with current professional standards (See § 100.09(A)(3)(a)- (i)). The following clearances shall be maintained through routine pruning, to the extent possible and practical, as long as the remaining canopy is at least 50% of the total height of the tree or retains at least 50% of the crown:
1. Seven feet above sidewalks and walkways;
2. 14 feet above residential streets; or
3. 18 feet above major thoroughfares.
(b) Prohibited techniques. The use of unnatural, outdated and/or inappropriate pruning techniques is prohibited and shall be considered an unauthorized removal of a public tree. Examples of unnatural, outdated and/or inappropriate pruning are topping, stubbing, dehorning or lion-tailing. These practices are detrimental to tree health and are specifically prohibited. No pruning of public trees shall occur without the written consent of the Urban Forester. Any person who is determined to have engaged in the topping of public trees shall be penalized in accordance with the provisions of § 100.99 of this chapter. Each public tree that is subjected to topping shall constitute a separate offense punishable by the provisions of this chapter and code.
(c) Newly planted trees. Newly planted trees shall be inspected, to the extent possible and practical, during the summer months at one, two and three years after planting and pruned if necessary to improve the branch structure.
(d) Private trees. The city, acting under its police powers in order to protect public welfare, is authorized, upon seven days written notice to the property owner (or sooner, subject to the owner's consent), to properly prune trees on private property in order to provide clearance over public sidewalks and roadways, to improve visibility of signs, signals, and lights and to reduce tree hazards as determined by the Urban Forester. Pruning shall comply with current ANSI standards and ISA BMPs. Notification and/or consent under the terms above shall not be required in the event that the city, in its sole discretion, determines that a failure to timely act may result in immediate or imminent danger to any person or property.
(e) Utility line clearance pruning. All pruning completed for the purpose of utility line clearance shall be done, to the extent possible and practical, in accordance with current professional standards (ANSI A300, also see § 100.09(A)(3)(a) herein) and shall be supervised by a line-clearance arborist. In the event that the line clearance pruning results in less than 50% of the normal tree crown or that the tree (as a result of pruning) can no longer sustain itself, as determined by the Urban Forester, the city may, at its discretion, have it removed.
(2) Tree pruning permit. A tree pruning permit shall be required for any person seeking to prune trees on public property. The application shall be reviewed by the Urban Forester who, shall rule on the application and provide notification to the applicant of the results of the ruling within ten business days after submission, to the extent possible and practical. If the Urban Forester, in his sole discretion, determines that it is not possible or practical to rule on an application within the allotted time, the Urban Forester shall notify the applicant of such delay. Any failure to properly notify an applicant shall not constitute a waiver of the requirement for proper approval by the Urban Forester and an applicant shall not be entitled to perform any tree planting activity unless and until an application is properly approved by the Urban Forester. Failure to properly comply with this provision shall be grounds for penalties as provided in this chapter. Applications for a tree pruning permit shall include, at a minimum, the following information:
(a) Application date;
(b) Name and daytime contact information of applicant;
(c) Street address or nearest street address where the tree(s) is to be pruned;
(d) Tree species to be pruned;
(e) Reason/objective for pruning; and
(f) Description of tree location, including the presence of overhead utility lines as well as distances to traffic signage, sidewalk, curb and/or street.
(3) Mulching.
(a) All newly planted trees shall, to the extent possible or practical, be mulched during the establishment period or at least the first three years after planting. Mulch shall be applied in an even layer, three to four inches deep and applied outward to the dripline of the tree at a distance of one lateral foot per one inch of caliper. Mulch shall be kept at least one-half inch away from the tree trunk to avoid creating conditions favorable to insect pests, disease or rodent infestation.
(b) All existing trees on public property should be mulched where practical, as far out toward the dripline as possible. Mulch shall be kept at least one-half inch away from the tree trunk to avoid creating conditions favorable to or insect pests, disease or rodent infestation.
(c) Mulch shall be composed of organic material such as shredded hardwood, pine straw, pine bark nuggets, shredded wood chips or shredded leaves and/or grass.
(4) Fertilization. Fertilization may be done when and where a soil or foliar test indicates a nutrient deficiency. Fertilization shall be done according to current professional standards (ANSI A300 (Part 2) American National Standard for Tree Care Operations - Tree, Shrub and Other Woody Plant Management - Standard Practices (Fertilization)).
(5) Watering. Supplemental water shall be provided, to the extent possible, for all newly planted trees during the months of March through October (weather dependent) and at least once per week. Water shall be applied consistently on and enough to thoroughly wet the tree's root ball. Watering shall be performed at least through the first growing season or until the tree is established in the landscape, whichever is later. When and where appropriate, water shall be applied, to the extent possible, to mature trees during the summer months and/or periods of low rainfall or extreme drought conditions.
(6) Pest control.
(a) When public trees are found to have a pest problem that poses a major threat to surrounding trees and/or presents a danger/nuisance to humans or the environment, as determined by the Urban Forester, they shall be, to the extent possible, treated (as conditions warrant) or removed by the city. Spraying of pesticides (insecticides, fungicides, miticides and herbicides) shall be done only for the control of specific pests with the proper materials in the necessary strength and applied at the proper time to obtain the desired control. General spraying for pest control shall be discouraged. Any pesticide application shall be performed or supervised by personnel with a current South Carolina Pesticide Applicator's License, Category 3 - Landscape.
(b) The city, acting under its police powers in order to protect public welfare, is authorized, upon seven days written notice to the property owner (or sooner, subject to the owner's consent), to treat trees on private property, to the extent possible, if they are found to have a pest problem that poses a major threat to surrounding trees and/or present a danger/nuisance to humans or the environment, as determined by the Urban Forester. In the event treatment does not abate or cannot be abated, the city may seek the removal of infested trees in accordance with the removal provisions in § 100.09(A)(3)(g) herein. Treatment of pests or other nuisances is not a prerequisite to the removal of such trees under § 100.09(A)(3)(g) herein.
(D) Tree check requests. Any resident, individual, group, business, organization, agency or entity within the incorporated city limits may contact or submit a tree check request to the Urban Forester. These requests should be primarily for public trees, but may also be requested for residential trees. The Urban Forester shall be responsible for performing site visits and completing an on-the-ground visual examination and evaluation regarding tree health and structural soundness. The tree check will generally result in one of the following: no action needed, re-inspect at a later date or a work order for tree removal or pruning.
(E) Removal.
(1) Generally. If any public tree is determined by the Urban Forester to be a hazard, irreparably diseased, injured or located in a manner that endangers the public health, safety or welfare of city residents or infrastructure, the Urban Forester may authorize its immediate removal.
(2) Tree removal requests. A tree removal permit shall be required for any person wishing to remove a public tree. Depending on the nature of the request and condition of the tree, the requestor may bear the responsibility of the cost of removal; Otherwise, removal of trees on public property shall be the responsibility, but not the obligation, of the city. The city may charge the cost of the removal of the tree(s) to the requestor in response to the request. The Urban Forester will approve or reject any and all permit requests submitted.
(3) Tree removal permit. A permit shall be required for any party, except for those acting at the express request or direction of the Urban Forester, to remove any public tree. The application for a public tree removal permit shall be reviewed by the Urban Forester who, shall rule on the application and provide notification to the applicant of the results of the ruling within ten business days after submission, to the extent possible and practical. If the Urban Forester determines that it is not possible or practical to rule on an application within the allotted time, the Urban Forester shall notify the applicant of such delay. Any failure to properly notify an applicant shall not constitute a waiver of the requirement for proper approval by the Urban Forester and an applicant shall not be entitled to perform any tree planting activity unless and until an application is properly approved by the Urban Forester. Failure to properly comply with this provision shall be grounds for penalties as provided in this chapter. The application for a public 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) DBH of tree sought for removal; and
(f) Reason for removal, explained in detail.
(4) Permitted reasons. Removal will normally be permitted for the following reasons and removal for other reasons may be permitted in the sole discretion of the Urban Forester:
(a) The tree is dead;
(b) The tree is affected by a pest problem that is untreatable or treatment is impractical and will result in rapidly declining tree health or a hazardous condition;
(c) The tree is in irreversible decline due to mechanical damage, poor maintenance or environmental stresses or a combination thereof 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 of traffic signs/signals, intersections or other situations, which may endanger life or property and the correction of the problem will result in severe disfigurement of the tree or will result in crown reduction encompassing more than 50% of the normal canopy;
(f) The tree is in a restricted growing space resulting 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 or will result in crown reduction encompassing more than 50% of the normal crown; or
(h) The tree is in conflict with proposed site reconfiguration/improvements or above/below ground utility upgrades and the conflict cannot be resolved or the correction of the problem will result in severe disfigurement of the tree or severe root damage which compromises structural stability or will result in crown reduction encompassing more than 50% of the normal crown.
(5) Replacement of trees removed. Public trees removed shall, to the extent possible and practical, be replaced within 12 months after removal. If the site where the public 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. Otherwise, a tree shall be planted in another location within the vicinity as determined by the Urban Forester. The city shall assess a replacement fee to the individual, group, entity or agency requesting the removal. The replacement fee shall not exceed the actual costs to the city.
(6) Stump removal. Stumps of public trees shall, to the extent possible and practical, be removed to a depth of six inches below the surface of the ground so that the top of the stump shall not project above the surface of the ground. Notwithstanding the provisions hereof, the city reserves the right to preserve stumps with historic and/or cultural significance.
(7) Private trees.
(a) The city, acting under its police powers in order to protect public welfare, is authorized to remove or cause to be removed trees on private property that are hazard trees (as determined by the Urban Forester) have pest infestations that are a threat to surrounding trees or are otherwise nuisances that threaten the health and safety of the public.
(b) Owners of premises where a hazard, pest infested or nuisance tree is located shall be provided written notification (either in person or by registered mail) by the Urban Forester that action must be taken to abate the situation within 30 days. If after 30 days the problem 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. 13-016, passed 8-13-13)
Activities harmful to public trees shall include, but are not limited to: soil compaction from vehicles or pedestrian traffic or materials storage; trenching roots; excavating roots; grading roots; grubbing; soil backfill or sedimentation; soil cuts; soil contamination; changes in water drainage; fire, mechanical or chemical damage to roots/trunks/branches/crowns; improper pruning, watering, fertilizing, mulching and improper pesticide application; and topping, tipping, heading or stubbing.
(Ord. 13-016, passed 8-13-13)
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