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(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)
(A) Policy. It shall be the policy of the Urban Forestry Program to:
(1) Encourage the establishment of large trees to the extent practicable and aesthetically pleasing;
(2) Encourage new tree plantings on public and private property to ensure a rich and diverse urban forest into perpetuity;
(3) Encourage proper tree care to maintain safe and healthy trees;
(4) Provide flexibility in tree selection and planting based on site conditions, zoning and objectives;
(5) Make every effort to replace or repair public facilities without removing or damaging adjacent trees; and
(6) Annually coordinate the city’s Arbor Day proclamation, and observance, in order to retain Tree City USA status.
(B) Responsible official. The Urban Forester, or other person designated by the City Manager, shall be the responsible official for administering the Urban Forestry Program. The UFB and the City Department of Public Works shall provide advice and assistance to the Urban Forester in carrying out his or her duties. Responsibilities of the Urban Forester shall be identified in the corresponding position description.
(C) Coordination. The Urban Forester and other city departments shall endeavor to share plans, specifications, requests, ideas, and other data affecting the city’s urban forest, in a timely and cooperative manner, to provide for coordination and the most feasible use of all public lands and resources.
(D) Performance evaluation.
(1) The Urban Forester shall collect and maintain all records and data necessary to objectively evaluate progress toward the purpose, intent and goals of the Urban Forestry Program. The Urban Forester shall prepare an annual report. The report shall be submitted to the UFB for approval and then presented to the Director of Public Works. The annual report shall be submitted to the Mayor and City Commissioners.
(2) The annual report shall include:
(a) The number, location and type of projects subject to the Urban Forest Program;
(b) The number of trees planted and removed;
(c) The cost of the Urban Forest Program;
(d) Opportunities for improvement of the Urban Forestry Program; and
(e) Progress towards the goals of the Urban Forestry Master Plan.
(Ord. O-20-20, passed 9-15-2020)
(A) In an effort to establish and maintain a healthy and sustainable urban forest, and to ensure public health and safety, the Urban Forester, with the advice and assistance of the UFB, shall develop and adopt the Covington Urban Forestry Best Management Practices (BMPs).
(B) The Covington Urban Forestry BMPs shall govern species selection, planting practices, care, maintenance, pruning and removal of public arboriculture. The BMPs shall be based on the most current edition of the International Society of Arborist Standards for Tree Care or other nationally recognized standard.
(C) The BMPs shall be reviewed and updated as necessary by the Urban Forester.
(D) The BMPs shall be adopted by order of the Commission before going into effect.
(Ord. O-20-20, passed 9-15-2020)
Effective and sustained stewardship of the urban forest can be accomplished only on the basis of a comprehensive urban forest plan.
(A) The Urban Forester, with the advice and assistance of the Board and the City Department of Public Works, shall prepare the Covington Urban Forestry Master Plan (UFMP) for adoption by the City Commission. The process for developing the UFMP shall:
(1) Include an assessment of the current condition of the urban forest;
(2) Create a vision and goals that incorporate community values;
(3) Consider and reference existing plans that relate to trees, including the city’s landscape regulations; and
(4) Include strategies and activities for achieving the envisioned urban forest, i.e., specific guidance to agencies and the public by developing education programs, establishing continuous and consistent tree care practices, identifying funding priorities and opportunities, and assuring that all needs of the urban forest are recognized and addressed.
(B) The UFMP, or any amendments thereto, shall be forwarded to City Commission for review and recommendations before adoption.
(C) The Urban Forester, with the advice and assistance of the Public Works Department, shall collect and maintain all records and data necessary to objectively evaluate progress in attaining stated goals of the UFMP.
(Ord. O-20-20, passed 9-15-2020)
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