[Amended 7-26-1995 by Ord. No. 68-1995; 5-29-2001 by Ord. No. 14-2001]
A. Advice to City Council. City Council shall consider the advice of the Shade Tree Commission on all matters concerning the application of this Part; 30 days' time shall be allowed for the Commission to report to Council. The Commission shall carry out any duties and responsibilities conferred upon it by Council, including those herein conferred.
B. Commission authority. The Shade Tree Commission may plant, remove, maintain and protect such shade trees. The Commission at its discretion may require the planting or replanting of any shade tree and may direct the size and species as well as the alignment and location of such trees except that the alignment and location of any shade tree shall not prevent necessary and reasonable conduct of business or use of the streets, sidewalks or abutting property. The Commission may designate suitable persons in the employ of the City to aid it in its functions.
C. Potentially hazardous trees on private property. Trees on private property, which, in the opinion of the Arborist, are sufficiently damaged, diseased or in such condition as to contribute a potential hazard to the public or to other trees on public property, may be ordered removed, partially removed, or treated. If the property owner shall fail or refuse to remove or treat said tree, the property owner shall be subject to the penalty specified in Section 555-114. In addition, the Arborist, or his/her designee, is authorized to remove said hazardous tree or portions thereof. All cost for such work shall be assessed and, if not paid, shall be a lien against the property in accord with Subsection H.
D. Immediate hazards on private property. When, in the opinion of the Arborist, a tree or portion(s) of a tree on private property which constitutes an immediate hazard to the public or other trees on public or private property, the property owner shall immediately be notified of the hazard and requested to eliminate it. If the hazard is not eliminated, the matter shall be considered by the Director. Upon determination that the tree is an immediate threat or hazard, the Arborist, or his/her designee, is authorized to remove or order the removal of the tree or portion of the tree. All costs for such work shall be assessed and, if not paid, shall be a lien against the property in accord with Subsection H.
E. Potentially hazardous trees in public areas. Trees in public areas, which, in the opinion of the Arborist, are seriously damaged, diseased, disfigured or constitute a hazard to the public or to trees on private property, may be removed or pruned by the Arborist, or his/her designee. Prior to tree removal from public right-of-ways, notice shall be provided to the property owner(s) immediately adjacent to the tree(s) to be removed. Notice shall also be provided to the Director.
F. Immediate hazards in public areas. When, in the opinion of the Arborist, a tree or portion(s) of a tree in public area constitutes an immediate hazard to person or property, the Arborist, or his/her designee, may remove the hazard without prior notice to owner if notice cannot be provided prior to the removal of the hazard.
G. Dead trees. Should any tree die, it shall be declared a public nuisance by the Arborist and the elimination of the tree shall be effected pursuant to Subsection K.
H. Responsibility for costs.
(1) The cost of furnishing, planting, transplanting, repairing or removing any shade tree(s) or the necessary suitable guards, curbing or grading for the protection thereof, and the replacing of any pavement or sidewalk necessarily disturbed in the execution of such work, shall be paid by the owner of the property on which such tree(s) are located or, if located in a public right-of-way, by the owner of the property nearest such tree(s).
(2) Upon the filing of such work order, the Arborist shall cause 30 days' written notice to be given by certified mail to the persons against whose property an assessment has been made. The notice shall state the amount of the assessment and theorize and place of payment, and shall be accompanied by a copy of the work order. The expense of such notice shall be borne by the City.
(3) The amount assessed against the real estate shall be a lien from the time of the filing of the work order and, if not paid within the time stipulated, a claim may be filed and collected in the same manner as municipal claims are filed and collected.
(4) Exception. The discretion to file an assessment under this section 555-110 shall be in the purview of the Director. If, in the discretion of the Director, it is in the public interest to make the improvements and the expenditures of public funds as justified then whether to file an assessment, partial or full, is also within the discretion of the Director.
I. Damage to shade trees. Should any shade tree be damaged by any person, the City may charge the person causing such damage for repairs to the tree and/or its devaluation. Should any shade tree be destroyed by any person, the City may charge the person causing such destruction for the appraised value of the tree plus the cost of its removal and replacement. The Arborist, or his designee, shall determine the appropriate value of the damaged or destroyed tree by utilizing local or national standards, such as those formulas developed by the Council of Tree and Landscape Appraisers. Should any shade tree be damaged or felled by storm or other natural occurrence, such tree shall be repaired or removed, including stump, by the owner of the property on which the tree stands or stood, or, if located on a public right-of-way, by the owner of the property nearest the point at which the tree stands or stood. Replacement of such tree shall be made at the discretion of the Shade Tree Commission and at the expense of the owner of the property on which the tree is located, or, if located on a public right-of-way, at the expense of the owner of the property nearest such tree. [Amended 6-13-2011 by Ord. No. 26-2011]
J. Shade trees as obstructions. The Arborist or his/her designee may trim branches from any shade tree overhanging a public right-of-way so that such tree(s) shall not obstruct light from any streetlight or traffic light, signal or sign, and so that it shall not obstruct the free passage of pedestrian or vehicular traffic over the cartway. It shall be the responsibility of the property owner nearest the shade tree to ensure that such tree does not obstruct the free passage of persons on the pedestrianway.
K. Shade trees as public nuisances. Any shade tree that, in the opinion of the Arborist, endangers the life, health, safety or property of the public, or which is afflicted with any contagious disease or insect infestation, shall be declared a public nuisance by the Arborist, except that when such shade tree presents a clear and present danger to the life, health, safety or property of the public, such declaration may be made by Council, the Chief Building Inspector or the Director. The owner of the property on which such tree is located or, if located on a public right-of-way, the owner of the property nearest the tree shall be notified in writing of the existence of the nuisance and be given reasonable time to effect abatement of such nuisance or removal of such tree at his own expense. If the owner does not effect such abatement or removal of the nuisance within the time specified in the notification, the City shall cause the nuisance to be corrected or removed and the cost thereof shall be assessed to the owner as provided by law.
L. When projects taking place in a particular block or neighborhood encompass more than 70% of the properties in the immediate area, the City may determine that an abandoned or otherwise unattended property exists. In this situation, the City may have the work done and a lien placed upon the property. [Added 6-13-2011 by Ord. No. 26-20115]
M. Tree specifications.
(1) The Shade Tree Commission shall plant, or permit to be planted, only those tree species on the approved list on file with the Arborist. Trees shall not be planted less than forty (40) feet from the middle of a public road intersection or fifteen (15) feet from a driveway or pole supporting a street light or ten (10) feet away from any sewer, water, gas, and electric or other line or conduit. Actual tree locations shall be approved by the Arborist or the Director.
(2) The center of all newly planted trees shall be not less than twenty-four (24) inches from the curbline. An area, open or with tiles, bricks or other materials which allows sufficient passage of air, water and fertilizer, shall be provided around the base of each shade tree; this area shall be not less than twenty-four (24) square feet (4 feet wide x 6 feet long). The Arborist may, whenever he/she deems necessary, waive the provisions of this section.
(3) When a tree has grown beyond the twenty-four (24) foot space between the base of the tree and the edge of the curb line, the sidewalk shall be repaired or relayed at the expense of the property owner so that at least twenty-four (24) inches is left between the base of the shade tree and the edge of pavement. This requirement shall be in effect for all owner-occupied premises when title is transferred and shall be included in the buyer's notification. Otherwise, this requirement shall take effect in accordance with the law.
(4) Trees must be maintained to a height that will not create a safety hazard or to obstruct the visibility of any traffic control device, signs, or light from any streetlight and so that there shall be no obstructions hindering the visibility of the street or sidewalk. The minimum height of fourteen (14) feet over the cartway and eight (8) feet over the sidewalk should be maintained to ensure unobstructed traffic flow of vehicles and pedestrians. [Added 6-13-2011 by Ord. No. 26-2011]
(5) If a violation of Section M, subsection four (4) occurs, the Department reserves the exclusive rights to abate the hazard.
(6) The Department shall plant, or permit to be planted, shade trees not less than one and one half (1½) inches in caliper, symmetrical in shape, with a trunk clean and straight without branches for a distance of six (6) feet from the ground. The planting of any species other than those on the approved species list on file in the Arborist office is prohibited unless approved by the Arborist in writing.
(7) The space between newly planted shade trees shall not be less than twenty (20) feet and may vary based on the location of various utilities and with the kind of tree species planted.
(8) No shade tree shall be planted on any street or roadway where curbs have not been constructed. The Arborist may, whenever it deems necessary, waive the provision of this section.
N. Authorized types of tree pruning. Tree pruning shall follow the National Arborist Association 's Pruning Standards for Shade Trees and are summarized below:
(1) Crown Cleaning - shall consist of the removal of dead, dying, diseased, crowded, weakly attached and low-vigor branches from the crown of the tree.
(2) Crown Thinning - shall consist of the selective removal of branches to increase light penetration and air movement through the crown. Thinning opens the foliage of a tree, reduces weight on heavy limbs, and helps retain the trees' natural shape.
(3) Crown Raising - removes the lower branches from a tree in order to provide clearance for buildings, vehicles, pedestrians, vistas and line of site issues causing safety concerns.
(4) Crown Reduction - reduces the size of a tree, often for clearance for utility lines. Reducing the height or spread of a tree is best accomplished by pruning back the leaders and branch terminals to lateral branches that are large enough to assume the terminal roles (at least one-third the diameter of the cut stem).
O. Unauthorized pruning.
Topping of Trees - It shall be unlawful for any firm or City Department to top any street tree, park, or other tree on public property. Trees severely damaged by storms or other cause, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this ordinance at the determination of the Arborist.
P. Maintenance by City; tax levy.
(1) The Arborist or his/her designee may prune any branch that is an obstruction in the cartway. It is the responsibility of the owner of the property nearest the tree to maintain and secure the tree pit, sidewalk and prune the rest of the tree, making certain no hazardous conditions exist.
(2) The needed amount for City pruning shall each year be certified by the Arborist to City Council in time for inclusion in the proposed budget ordinance, and the funds provided by City Council shall be drawn against, as required by the Arborist, in the same manner as money appropriated for City purposes. The Arborist may accept and expend contributions to achieve the purposes of this Part.
(3) Council may levy a special tax, not to exceed the sum of 1/10 mill on the dollar of the assessed valuation of the property in the City, for the purpose of defraying the cost and expenses incurred by the Commission in the execution of its duties, or it may provide for such expenses by appropriations and through annual budgeting.
(4) It is the responsibility of the owner of the property nearest an empty shade tree pit to secure any empty tree pits to avoid possible trip hazards, replace the tree in accordance with this Part, and maintain the sidewalk around the tree pit according to the sidewalk standards established by the Department of Public Works. If permission has been granted by the City of Reading Shade Tree Commission, the pit may be properly capped or sealed at the property owner's expense and according to the City's sidewalk standards. [Amended 6-13-2011 by Ord. No. 26-2011]
5. Editor's Note: Amended during codification (see Ch. 1, General Provisions, Part 2).