A. Planting. Any person, firm, partnership, corporation or organization of any kind, must obtain written approval from the Parks Director, or designee prior to planting a tree that may infringe upon or impact any public right-of-way, whether by canopy, truck, or underground roots. Said approval shall specify with a drawing/plan providing for each individual tree, the location and variety of trees to be planted.
B. Trimming. Any person, firm, partnership, corporation or organization of any kind, must obtain approval from the Parks Director, or designee prior to trimming any designated Shade Tree. Approval is not required for removing sucker growth, water sprouts, minor limbs causing obstructions, or for removal of less than ten percent (10%) of the tree canopy in any public right of way.
C. Adjacent Property Owners to Maintain Trees on Their Property. Trees and other plantings on adjacent property shall not inappropriately overhang or encroach upon sidewalks, streets, public rights-of-way or other designated pedestrian ways, nor obstruct the view of traffic signs or any street intersection. Trees and other plantings that project over any street or access road that may be used for emergency purposes shall be trimmed to a safe height and shape. Adjacent property owners, at their own expense and in accordance with this Chapter, shall remove all dead, diseased, or dangerous trees, or broken or decayed limbs, which constitute a menace to public safety. Adjacent property owners, at their own expense and in accordance with this Chapter, shall also prune to eliminate encroachment on sidewalks and streets.
D. Removing Stumps, Any tree that shall be removed from any of the public streets or places within the City, shall be removed below the surface of the ground so that the top of the stump shall not project above the level of the ground, unless permission to leave a projecting stump is granted by the Parks Director, or designee.
E. Abuse or Mutilation, It shall be unlawful to intentionally damage, deface, destroy, injure or mutilate Shade Trees or Park Trees as defined in this Chapter. Any individual that intentionally violates this subsection shall be found guilty of a class C misdemeanor criminal act of criminal mischief as defined in Utah Code 76-6-106(2)(c) the penalty for which shall be as defined in Washington City Code 1-4-1.
F. Considerations on Removing or Replacing a Shade Tree. In determining whether a tree may be removed and replaced, the Parks Director, or designee, shall consider, among other things, the following:
1. Whether the tree(s) pose a potential for safety problems despite a sound maintenance program;
2. Whether the roots from adjacent park strip trees are interfering with sewer lines servicing the adjacent property to the extent that the property owner requires frequent repair of said sewer lines;
3. Whether the tree is dead, dying or incurably diseased;
4. Whether the tree is diseased and weakened by age, storm, fire or other injuries so as to pose a danger to persons, property, improvements or other trees;
5. Whether the tree(s) is identified by the City as an undesirable species;
6. Whether the tree poses a hardship to the adjacent property owner such as, but not limited to, the cracking or raising of a garage floor or, in the case of a handicapped person, special circumstances exist which cause the location of the tree to become a hindrance for vehicle and handicapped access;
7. Whether removal is necessary for construction of a street widening or other public improvement project, or necessary street or public improvement repair work.
G. Exceptions. Shade Trees, Park Trees, or other plantings which are required by the City Council or Planning Commission to be planted by a Developer, City Crews or Contractor may be planted without approval, provided however, that such trees, species, and plantings shall conform in all respects to the terms and details of the approved plans and specifications and shall also be planted according to the Shade Tree Manual. (Ord. 2022-09, 3-9-2022)