Section
51.01 Purpose and intent
51.02 Definitions
51.03 Jurisdiction and scope of authority
51.04 Urban Forestry Program
51.05 Urban Forestry Board
51.06 Urban Forestry Best Management Practices
51.07 Urban Forestry Master Plan
51.08 Public education and outreach
51.09 Landmark Tree Program
51.10 Public health and safety
51.11 Permit required for activities involving public arboriculture
51.12 Qualifications for performing work on public arboriculture
51.13 General articles
51.99 Penalty
(A) The purpose of this chapter is to establish a Covington Urban Forestry Program and a Covington Urban Forestry Board (UFB). The Public Works Department through the Covington Urban Forestry Program shall promote and protect the public health, safety and general welfare, and further shall accentuate the scenic, cultural, historical and aesthetic attributes of the city by providing policies, regulations and standards relevant for establishing, maintaining and preserving desirable trees, shrubs and other plants under the city’s jurisdiction.
(B) The intent of this chapter is to:
(1) Promote public safety by reducing public nuisances caused by the improper planting, maintenance or removal of trees, shrubs and other plants;
(2) Articulate an image for the city by enhancing the city’s physical appearance by using trees architecturally to provide space definition and landscape continuity;
(3) Promote value, protection, management and enhancement of the urban forest resources;
(4) Advocate for the establishment and retention of efficient and appropriate tree planting spaces; and
(5) Support the city’s landscape regulations and promote arboriculture in the city.
(Ord. O-20-20, passed 9-15-2020)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANNUAL REPORT. A report prepared by the Director of Public Works Director and/or Urban Forester to help evaluate performance of the Urban Forest Program.
ARBOR DAY. A U.S. spring holiday observed in some cities by celebrating trees.
ARBORICULTURE. The cultivation of trees, shrubs and/or plants.
BMPs. Best management practices, regarding public arboriculture, shall govern species selection, planting practices, care, maintenance, pruning and removal of trees, shrubs and other plants.
CALIPER. Diameter measurement of the trunk taken six inches above ground level for trees up to and including four-inch caliper size. Measurement shall be taken 12 inches above the ground level for larger trees.
CERTIFIED ARBORIST. An individual who has achieved a level of knowledge in the art and science of tree care through at least three years of experience and who has passed a comprehensive examination administered by the International Society of Arboriculture.
CITY. The City of Covington. Kentucky.
CITY COMMISSION. The Board of Commissioners of the City of Covington. Kentucky
CRITICAL ROOT ZONE (CRZ). The CRZ will typically be represented by a concentric circle centering on the tree’s trunk with a radius equal in feet to one and one-half times the number of inches of the trunk diameter, measured at four and one-half inches above the ground line. The minimum area beneath a tree which must be left undisturbed in order to preserve a sufficient root mass to give a tree a reasonable chance of survival.
HAZARD TREE. Any tree that poses a high risk of damage to persons or property, such as a dead or dying tree.
LANDMARK TREE. A tree which has special significance because one or more of the following criteria may apply: rare species; old age; size; location; association with an historical event or person; scenic enhancement; or unique characteristics designated by the Landmark Tree Program.
LARGE TREE. Any tree having a height of 30 feet or more.
LINE CLEARANCE. Removal of limbs and branches growing within a set distance of utility distribution lines.
PAVED AREA. Any ground surface covered with concrete, asphalt, stone, gravel, brick or other paving material.
PRIVATE ARBORICULTURE. Any trees, shrubs and other plants on private property (nonpublic arboriculture).
PRUNING. Selective removal and thinning of a tree or shrub, taking into account the shape and natural structure of the plant.
PUBLIC ARBORICULTURE. Any trees, shrubs and other plants in, on or along (except on private property) any public street, sidewalk, right-of-way, easement and in any park or other public place owned by the city.
PUBLIC NUISANCE. Any tree, shrub or other plant material with an infectious disease or insect problem; any tree, shrub or other plant that obstructs street lights, traffic signs or the free passage of pedestrians or vehicles; a tree that has been repeatedly topped or otherwise abused or vandalized; a tree or vine growing into power lines and transformers.
SHRUB. Any woody plant with a multiple stem capable of growing to a height of up to 15 feet.
TOPPING. Any pruning practice that results in cutting back limbs, within the tree’s crown, leaving stubs, so as to remove the normal canopy with inadequate regard for the natural structure of the tree.
TREE. Any woody plant with a single trunk, or multiple trunks capable of growing to a height of 15 feet or more.
TREE CITY USA. A special recognition given by the National Arbor Day Foundation when a city meets certain requirements regarding urban forestry activities.
URBAN FORESTER. A qualified individual, who is preferably a certified arborist or who has knowledge of arboriculture with a background in forestry, horticulture or landscape architecture, designated by the City Manager to perform the duties of the URBAN FORESTER, as those duties are set forth in the job description adopted by the City Commission, and to administer the Urban Forestry Program.
(Ord. O-20-20, passed 9-15-2020)
(A) The city shall have jurisdiction of all trees, shrubs and other plants in, on or along (except on private property) any public street, sidewalk, right-of-way, easement and in any park or other public place owned by the city (“public arboriculture”). The city shall have the power to cause or prohibit the planting, maintenance, removal and replacement of such trees, shrubs and other plants. This chapter shall not regulate trees, shrubs or other plants located on private property. The city may have separate regulatory powers over trees under additional city ordinances, including, but not limited to, the city’s zoning and subdivision ordinances.
(B) The UFB will advise and make recommendations to the city’s Board of Commissioners regarding issues as they relate to the city’s urban forest.
(C) The Covington Urban Forestry Program (“the Program”) and the UFB will promote, but not regulate, the stewardship of trees, shrubs and other plants upon private property within the city limits.
(Ord. O-20-20, passed 9-15-2020)
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