CHAPTER 96: TREES
Section
 
   96.01   Definitions
   96.02   City Tree Board
   96.03   Permitted street tree species
   96.04   Spacing between trees
   96.05   Distance from curb and sidewalk
   96.06   Distance from street corners and fire hydrants
   96.07   Utilities
   96.08   Public tree care
   96.09   Tree topping
   96.10   Pruning; corner clearance
   96.11   Dead or diseased tree removal on private property
   96.12   Interference with City Tree Board prohibited
   96.13   Arborist license, bond; when required
   96.14   Authority of City Commission
 
   96.99   Penalty
§ 96.01 DEFINITIONS.
   For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   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 property lines on either side of all streets, avenues, or ways within the city.
(Ord. 0-90-006, passed 3-26-90; Am. Ord. 07-0-004, passed 2-26-07)
§ 96.02 CITY TREE BOARD.
   (A)   There is hereby created and established a City Tree Board, which shall consist of six (6) members who shall be citizens and residents of this city, and who shall be appointed by the Mayor with the approval of the Commission.
   (B)   The re-startup of this Board will have appointments made by the Mayor and approved by the Commission. The six (6) members appointed during the January 22, 2007 Commission meeting will be set as follows: two (2) of the members’s terms will expire on July of 2007, two (2) of the members’ terms will expire in July of 2008, and two (2) of the members’ terms will expire in July of 2009. As their terms expire, the new appointment will be for a four (4) year term ongoing. In the event that a vacancy shall occur during the term of any member, his or her successor shall be appointed for the unexpired portion of the term.
   (C)   Members of the Board shall serve without compensation.
   (D)   (1)   It shall be the responsibility of the Board to study, investigate, counsel, and develop and/or update annually, and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets and in other public areas. Such plan will be presented annually to the City Commission and upon their acceptance and approval shall constitute the official comprehensive city tree plan for the city.
      (2)   The Board, when requested by the City Commission, shall consider, investigate, and make finding, report and recommend upon any special matter or question coming with the scope of the work to the City Manager for consideration.
   (E)   The Board shall choose its own officers, make its own rules and regulations and keep a journal of its proceedings. A majority of the members shall be a quorum for the transaction of business.
(Ord. 0-90-006, passed 3-26-90; Am. Ord. 07-0-002, passed 2-26-07; Am. Ord. 07-0-004, passed 2-26-07)
§ 96.03 PERMITTED STREET TREE SPECIES.
   The following list constitutes the official Street Tree species for the city. No species other than those included in this list may be planted as street trees without written permission of the City Tree Board.
BOTANICAL NAME
COMMON NAME
BOTANICAL NAME
COMMON NAME
(1)
Small Trees (under 26 ft.)
Acer ginnala
Amur Maple
Acer platanoides "Globosum"
Globe Norway Maple
Carpinus caroliniana
American Hornbeam
Cornus florida
Flowering Dogwood
Cornus kousa
Kousa Dogwood
Cornus mas (tree form)
Cornelian Cherry Dogwood
Crataegus lavellei
Lavelle Hawthorn
(2)
Medium Trees (26 - 50 ft.)
Acer campestre
Hedge Maple
Acer platanoides “Columnare”
Columnar Norway Maple
A. platanoides “Erectum”
Erect or Mt. Hope Maple
Acer rubrum “Red Sunset”; “Autumn Flame”
Red Maple
Amealnchier canadensis
Shadblow Serviceberry
A. laevis
Allegheny Serviceberry
Carpinus betulus
European Hornbeam
C. betulus fastigiata
Upright European Hornbeam
Crataegus viridis “Winter King”
Winter King Hawthorn
Gleditsia triacanthos inermis
Thornless Honey Locust
BOTANICAL NAME
COMMON NAME
BOTANICAL NAME
COMMON NAME
Koelreuteria paniculate
Golden Rain-tree
Malu: disease-resistant types only
Flowering Crabapple
Ostrya Virginiana
American Hophornbeam
Phellodendron amurense
Amur Cork Tree
Pyrus calleryana “Aristocrat”; “Redspine”; “Korean”
Ornamental Pear
Sophoro japonica “Regent”
Japanese Pagoda Treet
Syringa amurense japonica
Japanese Lilac Tree
Tilia cordata “Greenspire”; “Chancellor”; “June Bride”
Littleleaf Linden
Ulmus parvifolia
Chinese Elm
Halesia carolina
Carolina Silverbell
Eucomia ulmoides
Hardy Rubber Tree
(3)
Large Trees (over 50 ft.)
Acer platanoides
Norway Maple
Liquidambar styraciflua
Sweet Gum
Platanus hybrida “Bloodgood”
Bloodgood London Plane Tree
Quercus coccinea
Scarlet Oak
Q. rubra maxima
Easter Red Oak
Q. phellos
Willow Oak
Q. Robur “Fastigiata”
Pyramidal English Oak
Zelkova serrata “Village Green”
Village Green Zelkova
 
(Ord. 0-90-006, passed 3-26-90; Am. Ord. 07-0-004, passed 2-26-07) Penalty, see § 96.99
§ 96.04 SPACING BETWEEN TREES.
   The spacing of street trees will be in accordance with the three (3) species size classes listed in § 96.03, and no trees may be planted closer together than the following: small trees, twenty-five (25) feet; medium trees, thirty-five (35) feet; and large trees, forty-five (45) feet; except in special plantings designed or approved by the City Tree Board.
(Ord. 0-90-006, passed 3-26-90; Am. Ord. 07-0-004, passed 2-26-07) Penalty, see § 96.99
§ 96.05 DISTANCE FROM CURB AND SIDEWALK.
   The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the three (3) species size classes listed in § 96.03, and no trees may be planted closer to any curb or sidewalk than the following: small trees, one and one half (1-1/2) feet; medium trees, two (2) feet; and large trees, two and one half (2-1/2) feet. The City Manager will have the authority to make exception on a case-by-case basis.
(Ord. 0-90-006, passed 3-26-90; Am. Ord. 07-0-004, passed 2-26-07) Penalty, see § 96.99
§ 96.06 DISTANCE FROM STREET CORNERS AND FIRE HYDRANTS.
   No street tree shall be planted closer than twenty (20) feet from any street corner, measured from the point of nearest intersecting curbs or curblines. No street tree shall be planted closer than ten (10) feet from any fire hydrant.
(Ord. 0-90-006, passed 3-26-90; Am. Ord. 07-0-004, passed 2-26-07) Penalty, see § 96.99
§ 96.07 UTILITIES.
   No street trees other than those species listed as small trees in § 96.03 may be planted under or within ten (10) lateral feet of any overhead utility wire or over or within five (5) lateral feet of any underground water line, sewer line, transmission line or utility.
(Ord. 0-90-006, passed 3-26-90; Am. Ord. 07-0-004, passed 2-26-07) Penalty, see § 96.99
§ 96.08 PUBLIC TREE CARE.
   The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds. The City Tree Board may ask the City Manager’s approval to remove or cause or order to be removed, any tree or part thereof which is in 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 affected with any injurious fungus, insect or other pest. This section does not prohibit the planting of street trees by adjacent property owners provided that the selection and location of the trees is in accordance with §§ 96.03 through 96.07.
(Ord. 0-90-006, passed 3-26-90; Am. Ord. 07-0-004, passed 2-26-07) Penalty, see § 96.99
§ 96.09 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 without the City Manager’s approval. TOPPING is defined as the severe cutting back of limbs to stubs larger than three (3) inches in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this section at the determination of the City Manager.
(Ord. 0-90-006, passed 3-26-90; Am. Ord. 07-0-004, passed 2-26-07) Penalty, see § 96.99
§ 96.10 PRUNING; CORNER CLEARANCE.
   Every owner of any tree overhanging any street or right-of-way within the city shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of eight (8) feet above the surface of the street or sidewalk. The owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs, which constitute a menace to the safety of the public. The city shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light, or interferes with visibility of any traffic control device or sign.
(Ord. 0-90-006, passed 3-26-90; Am. Ord. 07-0-004, passed 2-26-07) Penalty, see § 96.99
§ 96.11 DEAD OR DISEASED TREE REMOVAL ON PRIVATE PROPERTY
   The city shall have the right to cause the removal of any dead or diseased trees on private property within the city, when such trees constitute a hazard to life and property, or harbor insects or diseases which constitute a potential threat to other trees within the city. The City Codes Enforcement Officer will notify in writing the owners of such trees. Removal shall be done by those owners at their own expense within sixty (60) days after the date of service of notice. In the event of failure of any owner to comply with such provisions, the city shall have the authority to remove such trees and charge the cost of removal on the owner’s property tax notice.
(Ord. 0-90-006, passed 3-26-90; Am. Ord. 07-0-004, passed 2-26-07)
§ 96.12 INTERFERENCE WITH CITY TREE BOARD PROHIBITED.
   It shall be unlawful for any person to prevent, delay or interfere with the City Tree Board, or any of its agents, or servants, while engaging in and about the planting cultivating, mulching, pruning, spraying, or removing of any street trees, park trees, or trees on private grounds, as authorized in this chapter.
(Ord. 0-90-006, passed 3-26-90; Am. Ord. 07-0-004, passed 2-26-07) Penalty, see § 96.99
§ 96.13 ARBORIST LICENSE, BOND; WHEN REQUIRED.
   It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating, or removing street or park trees within the city without first applying for and procuring a license. The license fee shall be twenty five dollars ($25.00) annually in advance; provided, however, that no license shall be required of any public service company or city employee doing such work in the pursuit of its or his or her public service endeavors. Before any license shall be issued, each applicant shall first file evidence of possession of liability insurance in the minimum amounts of twenty five thousand dollars ($25,000.00) for bodily injury and ten thousand dollars ($10,000.00) property damage indemnifying the city or any person injured or damaged resulting from the pursuit of such endeavors as herein described.
(Ord. 0-90-006, passed 3-26-90; Am. Ord. 07-0-004, passed 2-26-07) Penalty, see § 96.99
§ 96.14 AUTHORITY OF CITY COMMISSION.
   The City Commission shall have the right to review the conduct, acts and decisions of the City Tree Board or City Manager on such matters mentioned in this chapter. Any person may appeal from any ruling or order of the City Tree Board or City Manager to the City Commission who may hear the matter and make a final decision.
(Ord. 0-90-006, passed 3-26-90; Am. Ord. 07-0-004, passed 2-26-07)
§ 96.99 PENALTY.
   Any person violating any provision of this chapter shall be guilty of a misdemeanor and shall be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00).
(Ord. 0-90-006, passed 3-26-90; Am. Ord. 07-0-004, passed 2-26-07)