(A) In general.
(1) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY ARBORIST. The official representative of the Forestry Board and as such is responsible for administration of the community forestry program.
PARK TREES. Trees, shrubs, bushes, and all other woody vegetation in public parks having individual names, and all areas owned by the city, or to which the public has free access as a park.
STREET TREES. Trees, shrubs, bushes, and all other woody vegetation on land lying between the property lines on either side of all streets, avenues, or ways within the city.
(2) Duties and responsibilities.
(a) The City Council shall appoint the Forestry Board, which shall consist of five members who shall serve terms of three years, unless reappointed. The City Forester shall act in advisory capacity to the Board. The Board members shall serve without compensation.
(b) At the time of the Board's first meeting in January each year, the members shall organize by selecting from their number a chairperson, co-chairperson, and a secretary. No member of the Forestry Board shall serve in the capacity of both chairperson and secretary. It shall be the duty of the secretary to keep the full and correct minutes and records of all meetings and to file the same with the City Clerk, where they shall be available for public inspection during office hours. A majority of the Board members shall constitute a quorum for the transaction of business. Special meetings may be held upon the call of the chairperson or any two of the Board members.
(c) The Forestry Board shall work in conjunction with the Park Board when any trees, etc. are on park grounds. The Forestry Board shall work in conjunction with the Cemetery Board when any trees, etc. are in the cemetery. The Forestry Board, when requested by the City Council, shall investigate, make findings, report, and recommend upon any special matter or questions relating to trees. All actions of the Board shall be subject to the review and control of the City Council. The Board shall be responsible for making such reports and performing such other duties as the Council may, from time to time, designate.
(B) Management of community forestry program.
(1) Street tree species to be planted. The city shall maintain a list of recommended trees for planting in public areas. The purpose of this listing will be to maintain diversity in the total tree population. This list shall be available to residents of the city upon request to aid in the selection of trees for private properties. The list of recommended trees shall be updated periodically to reflect new developments or species that will affect the population of the community forest.
(2) Distance and clearance for planting.
(a) Street trees may be planted in the tree lawn where there is more than six feet between the edge of the sidewalk and the curb of the street. Street trees shall be planted no closer than three feet from a sidewalk, driveway, or street.
(b) No street trees shall be planted closer than 35 feet from any street corner, measured from the point of the nearest intersection of curbs or curb lines.
(c) No street tree shall be planted closer than ten feet from any fireplug.
(d) No street tree shall be planted within ten feet of any point on a line on the ground immediately below any overhead utility wire, or within ten lateral feet of any underground water line, sewer line, transmission line, or other utility.
(3) Public tree care.
(a) The city shall have the right to plant, prune, maintain, and remove trees, plants and shrubs within right-of-way or bounds of all streets, alleys, lanes, squares, and public grounds, as may be necessary to ensure the public safety.
(b) The Forestry Board may remove or cause or order to be removed, any tree or part thereof which is an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or is seriously affected with any fatal disease.
(c) The abutting property owners shall have the right to perform normal tree care on all street trees.
(4) Permits required. No person shall plant a street tree or any other tree in public right-of-way without first obtaining a permit from the City Clerk. There will be no fee for such permit.
(5) Compensatory payments. No person shall remove any public tree without replacing such tree with a tree or trees of equivalent dollar value in the vicinity of the removed tree. The value of trees shall be determined by the community forest manager in accordance with regulations considering the species, location, size, and condition of trees adopted by the Forestry Board. If no suitable location exists in the vicinity of the tree removed or if the replacement tree is of lesser value, the person causing the tree to be removed shall make a compensatory payment to the city equal to the difference in value between the tree removed and any replacement tree. Such compensatory payment shall be paid into the park fund and used solely for the purpose of enhancing the community forest.
(6) Tree topping. It shall be unlawful as a normal practice for any person, firm, or city department to top any street tree, park tree, or other tree on public property. TOPPING is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or trees under utility wires or other obstructions where other pruning practices are impractical shall be exempted from this section.
(7) Clearance over streets and walkways. Clearance over streets and walkways shall be the responsibility of the abutting property owner. A clearance of eight feet must be maintained over walkways and a clearance of 12 feet must be maintained over streets. Property owners are responsible for trees on their own property as well as trees on the public way that abuts their property.
(8) Dead or diseased tree removal. The city shall remove or cause to be removed any dead or diseased tree within the city limits. Diseased trees are defined as those trees that may constitute a hazard to life and property and represent a potential threat to other trees within the city due to the presence of a fatal disease (e.g., Dutch Elm disease, Chestnut Blight). The Forestry Board will notify in writing the owners of such trees. Removal is the responsibility of the owners of such trees and shall be accomplished within 60 days of notification. In the event of failure to remove by the owner, the city shall have the authority to remove such trees and charge the costs of removal to the owner or owners or levy the cost against the real estate as a special assessment, collectible in the normal fashion for special assessments.
(9) Removal of stumps. All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.
(10) Interference with the Forestry Board. It shall be unlawful for any person to prevent, delay or interfere with the Forestry Board or any of its representatives or agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying, or removing of any trees within the community forest, as authorized in this section.
(11) Access. It shall be unlawful for any person to prevent, delay or interfere with access to private property by the city or its representatives in the legal performance of any part of this section.
(12) Review by City Council. The City Council shall have the right to review the conduct, acts and decisions of the Forestry Board. Any person may appeal from any ruling or order of the Forestry Board to the City Council who may hear the matter and make final decision.
(Ord. 1096, passed 9-13-1993; Ord. 1504, passed 9-20-2021)