(a) Within the public right-of-way on public properties, and within the Down-Town Revitalization District, no person or entity other than the Village of West Jefferson shall plant tree, shrub, evergreen, or woody shrub, or other obstruction on public property, unless a Street Tree Permit is obtained from the Building and Zoning Inspector. The enforcement provisions of Chapter 1105 shall apply to this section.
(b) Requirements for Trees Located on Village of West Jefferson Owned Public Property. The following are requirements for the planting, pruning and removal of trees within Village of West Jefferson owned property. For the purposes of this chapter, Village of West Jefferson owned property shall include all public ways, streets, alleys, parks, or other property owned by the Municipality.
(1) It shall be required that all developers plant trees along the public streets of their developments in such a manner, type, quantity and location as approved by the Planning and Zoning Commission and as defined by the following conditions, and that any undeveloped street or existing street with undeveloped frontage shall conform to these requirements at the time of the development.
A. The tree to be planted shall not be of an undesirable tree species, as those listed on file with the Village of West Jefferson.
B. The minimum spacing between trees shall be forty-five (45) feet for large trees, thirty-five (35) feet for medium trees and twenty-five (25) feet for small trees.
C. The maximum spacing between trees shall be fifty (50) feet for large trees, forty (40) feet for medium trees and thirty (30) feet for small trees.
D. The minimum distance between the tree and the edge of the street shall be two and one-half (21/2) feet for a large tree, two (2) feet for a medium tree, and one and one-half (1%) feet for a small tree. In areas where a sidewalk exists or is proposed, the minimum distance between the tree trunk and both the edge of the street and the sidewalks shall be two (2) feet for a large tree, two (2) feet for a medium tree, and one and one-half (1Y2) feet for a small tree.
E. The location of the tree shall be at least twenty (20) feet from street intersections and ten (10) feet from fire hydrants or utility poles.
F. A small tree shall be used when planting under or within the (10) lateral feet of overhead utility wires. A small or medium tree shall be used when planting within ten (10) to twenty (20) lateral feet of overhead utility wires.
G. Developers shall be required to maintain the trees planted by them for one (1) year after the trees are planted and to replace any tree which fails to survive or does not exhibit normal growth characteristics of health and vigor within such one (1) year period. A one (1) year guarantee period shall begin at each planting and shall recommence as trees are replaced. Upon completion of the planting of street tree(s), the landscape contractor shall contact the Building and Zoning Inspector to schedule a preliminary site inspection. The one (1) year guarantee period shall begin on the date of the approval of the Building and Zoning Inspector. A final inspection shall be made at the end of the guarantee period. All trees not exhibiting a healthy, vigorous growing condition, as determined by the inspection of the Building and Zoning Inspector shall be promptly replaced at the expense of the developer.
H. The trees should be of one and the same genus and species and planted continuously down each street as recommended by the master plan.
I. The minimum trunk caliper measured at six (6) inches above the ground for all street trees shall be no less than one and three-quarter (1 3/4) inches.
J. Trees shall be of appropriate height as to not interfere with the advertising of adjacent retail or business establishments.
(c) Tree Topping. No person shall, as a normal practice, top any tree within the public right-of-way without approval of the jurisdicting agency. 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.
(d) Height of Limbs Over Sidewalks and Streets. Tree limbs extending over a sidewalk shall be trimmed to such an extent that no portion of the same shall be less than seven (7) feet above the sidewalks. Tree limbs extending over streets shall be trimmed to such an extent that no portion of the same shall interfere with the normal flow of traffic.
(e) Municipal Rights. The Village of West Jefferson shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes and other public grounds as may be necessary to ensure public safety or to preserve or enhance the environmental quality and beauty of such public grounds.
(f) Reducing Tree-lawn. No person shall, by any type of construction, reduce the size of a tree-lawn without first securing permission from the Planning and Zoning Commission.
(g) Violations. A person who removes, damages or causes to be removed a street tree from the tree-lawn or other public place shall be subject to the provisions and penalties of the Zoning Code of the Village of West Jefferson and/or shall be required to remove and replace the tree with a tree, at their own expense, of like caliper as approved by the Planning and Zoning Commission.
(h) Utility companies shall provide written evidence to the Building and Zoning Inspector of adherence to established guidelines (as recommended by the National Arborists Association) for line-clearance work. These guidelines shall cover the following areas:
(1) Tree trimming/pruning
(2) Tree removal
(3) Brushing
(4) Right-of-way clearance for new transmission conductors on private rights-of-way
(5) Chemical brush control and appropriate precautions
(i) Removal, Replanting and Replacement in Public Places.
(1) Wherever it is necessary to remove a tree(s) or shrub(s) from any Village of West Jefferson owned property, in connection with the paving of a sidewalk, or the paving or widening of a portion of a street, alley, or highway used for vehicular traffic, or any other reason, the person responsible for the paving, widening, or other activity shall endeavor to remove and replant such trees or shrubs, or replace them.
(2) No adjacent property owner shall remove or cause to be removed any tree(s) or shrub(s) from the Village of West Jefferson owned tree-lawn, or other public place, as defined, for any purpose.
(j) Public Tree Care.
(1) The Village of West Jefferson shall have the right to plant, prune, maintain and remove trees, plants, and shrubs or portions thereof within Village of West Jefferson owned property as may be necessary to ensure public safety or to preserve or enhance the health of the plant material or the beauty of such public grounds.
(2) The Building and Zoning Inspector will notify the adjacent property owner(s) of the Village of West Jefferson's intentions to remove the tree(s).
(3) The Village shall have the right to enter private property to access trees adjacent to public areas for the purpose of proper pruning, after reasonable prior notice has been given to the property owner.
(4) Unless issued a written permit by the Planning and Zoning Commission, no person shall attach any rope, wire, nails, advertising poster, or other contrivance to any tree on Village of West Jefferson owned property. No person shall permit any fire to burn where such fire or heat wherefrom, or heat from any source will injure any portion of any tree on Village of West Jefferson owned property. No person shall use herbicides or other chemicals on any trees, shrubs or evergreens on Village of West Jefferson owned property.
(5) No person shall hinder, prevent, or interfere with the agents or employees of the Village of West Jefferson while the agents or employees are engaged in planting, maintaining, or removing any tree, shrub, evergreen, or other plant material on Village of West Jefferson-owned property.
(6) No person shall excavate any ditch, tunnel, trench, or lay any drive within a radius of ten (10) feet from any tree, shrub, evergreen, or other plant material standing on any Village of West Jefferson owned property.
(7) It shall be unlawful for any person to break, deface, injure, mutilate, kill, or destroy any tree, shrub, or evergreen on any Village of West Jefferson owned property.
(k) Removal of Stumps. All stumps of street trees shall be removed twelve (12) inches below the surface of the ground. Stumps shall be removed or shall be ground at the site. All residual material shall be removed from the site at the time the tree is removed and the site shall be restored.
(l) Arborist License and Bond. It shall be unlawful for any person or contractor to act as an arborist in the business or occupation of pruning, treating, or removing street trees within the Village of West Jefferson without providing documentation as a certified arborist or as the authorized representative of a certified arborist. Each applicant shall file evidence of possession of liability insurance in the minimum amount of $1,000,000.00 indemnifying the Village of West Jefferson or any person injured or damaged resulting from the pursuit of such endeavors as herein described.
(m) Appeal Procedures. Any applicant aggrieved by a decision may appeal the decision to the Planning and Zoning Commission.
(Ord. 22-089. Passed 12-5-22.)