915.04 STANDARDS FOR PLANTING AND MAINTENANCE IN THE PUBLIC WAY.
   (a)    All plantings shall be subject to the final approval of the City Manager's designee.
   (b)    All plantings shall be in a live, healthy condition.
   (c)    Specified varieties of any species shall be specimen-type trees or shrubs and shall be graded according to the applicable American National Standards Institute (ANSI) for Nursery Stock or better and shall be first class representatives of their normal species and varieties.
   (d)    The approved list is maintained in the City of Hamilton’s Landscape Guide for Developers, Businesses, and Home Owners and prohibited species and cultivars for planting in or adjacent to the public way are listed in Section 915.07 hereof. In order to maintain consistency with horticultural practices, the list set forth in Section 915.07 may be reviewed by the Tree Advisory Board and may be revised by the Board without further legislative approval. Any such revision of the list of plantings by the Tree Advisory Board shall be effective only upon the written approval of the City Manager’s designee.
   (e)    Distances and Clearances.
      (1)    Plantings within the public ways that impact traffic safety shall be coordinated with and approved by the City Transportation and Traffic Engineer. The following criteria shall be used as guidelines with regard to plantings that impact traffic safety:
         A.    A minimum of thirty-five (35) feet from the nearest street corner measured from the point of the nearest intersecting curbs or curblines.
         B.    A minimum of fifteen (15) feet from driveways.
         C.    A minimum of twenty (20) feet from alleyways.
      (2)    Plantings within the Utility Zone shall be installed using the following criteria:
         A.    Only species listed for use in Utility Zones shall be planted under utility lines or within ten (10) lateral feet of said lines.
         B.    A minimum of a fifteen (15) foot clearance from ground operated equipment.
         C.    A minimum of a fifteen (15) foot clearance shall be maintained from streetlight fixtures to any plantings or portion thereof, which obstructs the path of light.
         D.    A minimum of a fifteen (15) foot distance from fire hydrants.
      (3)    Trees within the public ways shall be maintained so that:
         A.    Branch clearance above sidewalks shall be eight (8) feet or greater.
         B.    Branch clearance above streets shall be fifteen (15) feet or greater.
      (4)    The Utilities are under no obligation to safeguard plantings made in the utility zone. However, compliance with these guidelines should minimize the effects of utility operations on subsequent additions to the urban forest.
   (f)    Except for plantings planted and maintained by the City or other approved public authority, only the plantings listed in Section 915.07, or any other plantings that may be hereafter approved or prohibited and approved in writing by the City Manager's designee, may be planted in the public ways.
   (g)    All stumps and remnants of street trees must be removed twelve (12) inches below the ground surface so that the top of the stump/remnant shall not project above the surface of the ground.
   (h)   Sidewalk street repairs that will potentially endanger street trees shall require prior consultation with the City Manager's designee as to the best way to protect the tree roots where possible in the opinion of the City Manager's designee.
   (i)   The City Manager’s designee shall approve the tree plan for any city curb lawns.
      (1)   Tree spacing. The spacing of public trees will be in accordance with the three (3) species size classes referred to in the arborist’s list of street trees and no trees may be planted closer together than the following (except in special plantings designed or approved by the arborist).
               Small trees   30 feet
               Medium trees   40 feet
               Large trees   50 feet
      (2)   Distance from curb and sidewalk. The distance public trees may be planted from curbs or curblines and sidewalks will be in accordance with the three (3) species size classes in the arborist’s list of street trees and no trees may be planted closer to the curb or sidewalk than the following (except in special plantings designed or approved by the arborist).
 
Small trees
Two feet (minimum of a four-foot wide treelawn)
Medium trees
Three feet (minimum of a six-foot wide treelawn)
Large trees
Four feet (minimum of an eight-foot wide treelawn)
(Ord. 2013-6-52. Passed 6-26-13; Ord. 2019-4-31. Passed 4-24-19.)