Attachment 8TOWN CODE
Chapter 26 - PUBLIC TREES AND SHRUB
ARTICLE I. IN GENERAL
Sec. 26.10.010.
Definitions.
Sec. 26.10.015.
Purpose of chapter.
Sec. 26.10.020.
Applicability of chapter.
Sec. 26.10.025.
Enforcement of chapter.
Sec. 26.10.030.
Master street tree list.
Sec. 26.10.035.
Planting of trees limited to those on master street tree list.
Sec. 26.10.040.
Planting procedure — Generally.
Sec. 26.10.050.
Abuse, mutilation, etc., of trees prohibited.
Sec. 26.10.055.
Certain trees, etc., declared a public nuisance.
Sec. 26.10.060.
Maintenance and removal of trees.
Sec. 26.10.065.
Obstructions at corners of intersecting streets.
Sec. 26.10.070.
Appeals.
Sec. 26.10.010. Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
Director means the Director of Parks, FE)FeStFy and Maintenance SPRoinps and Public Works or the
Director's designated representative.
Owner of the property means the person who is the owner of the fee simple title of the property on
which a street tree is planted.
Parkway strip means that public area between the curb and the sidewalk, or between the sidewalk
and the property line on a public street.
Public olace means any road or street or public school or place of public assemblage, or real
Public street means all or any portion of territory within the Town set apart and designated for the
use of the public as a thoroughfare for travel, including the sidewalks, curb and gutter.- and4he- center- a
side plots thereef.
Street trees means those trees in a public place, or along or within a public street or within a parkway
strip.
(Code 1968, § 31 -1)
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Sec. 26.10.015. Purpose of chapter.
It is for the best interests of the Town that a comprehensive plan for the planting, maintenance and
removal of trees in, or which may overhang, public streets within the Town should be developed and
established; and this chapter is adopted for the purpose of developing and providing for such a plan and
program, and for the purpose of establishing rules and regulations relating to the planting, maintaining
and removal of such trees.
(Code 1968, § 31 -2)
Sec. 26.10.020. Applicability of chapter.
This chapter is intended to give, and does hereby give, full and complete authority to the Director, or
the Director's authorized agent, over all trees planted and growing, or to be planted and grown, upon or
overhanging any streets, public a eas- Ig aces and parkways in the TowR 00h nh are now, or in the future
will beGGMe, a part of a GqmpreheRSive plan for planting and n1aiRtengnre of trees in F;--Gh area a
. The provisions of this chapter are not superseded by
cChapter 29 of this Code.
(Code 1968, § 31 -3)
Sec. 26.10.025. Enforcement of chapter.
The Director shall have jurisdiction and control over the planting, setting out, location, selection and
placement of all trees in the public streets of the Town, and shall likewise have supervision, direction and
control of the care, trimming, removal, relocation and replacement thereof.
(Code 1968, § 31 -4)
Sec. 26.10.030. Master Street tTree Ust.
(a)
(b) A copy of the Master Street Tree List such -list shall be kept on file in the office of the Director.
Revisions, additions or changes in the rr+Master Street tTree Ust may be made from time to time by
resolution of the Town Council. Additional tree varieties may be used at the discretion of the Director
in conjunction with new tree introductions recommended by urban forestry and horticultural
(Code 1968, § 31 -5)
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Sec. 26.10.035. Planting of trees limited to those on Mmaster Street Ttree Llist.
Only those trees which are designated on the mMaster sStreet tTree list and which are approved by
the Director shall be planted along the public streets of the Town.
(Code 1968, § 31 -8)
Sec. 26.10.040. Planting procedure — Generally.
No person shall plant or set out any tree in or along a public street without first filing an application
and procuring a written permit to do so from the Director. In such an event, the Director may require that
the person to whom such permit is granted either deposit per tree an amount established by the Council
from time to time by resolution with the Director, who shall then plant approved trees, or plant approved
trees subject to the control of the Director, as provided in section 26.10.025. No person shall place or
maintain shrubs or plants in a parkway strip in such a manner that they restrict the growth of or
(Code 1968, § 31 -9)
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Sec. 26.10.050. Abuse, mutilation, etc., of trees prohibited.
No person shall do any of the following:
(1) Damage, cut, carve or injure the bark of any street tree;
(2) Attach any sign, wire or injurious material to any street tree;
(3) Cause or permit any wire charged with electricity to come in contact with any street tree;
(4) Allow any gaseous, liquid or solid substance harmful to trees to come in contact with the roots,
leaves, bark or any part of any street tree;
(5) Construct concrete, asphalt or brick paving, or otherwise fill up the ground area, within four (4)
feet of any tree, so as to shut off air, light or water from its roots, without written permission from
the Director.
(Code 1968, § 31 -11)
Sec. 26.10.055. Certain trees, etc., declared a public nuisance.
(_Any trees, shrubs, plants or parts thereof growing in, or overhanging, a public street or right -of -way,
interfering with the use of any public street or public place in the Town, or
trees which, in the opinion of the Director, endangers the life, health, safety, comfort or property of
any persons using such public street, or in such public place, because of the tree's or shrub's
location, condition of its limbs, roots or trunk, or because of its diseased condition, is hereby declared
to be a public nuisance.
(b) Any Sweet Gum (Liguidambar svraciflua) planted in a parkway strip that has created or will
imminently create persistent and uncontrollable damage to the sidewalk curb and gutter, pavement,
or adjacent private property that cannot be reasonably remedied through root pruning or other
accepted arboricultural means is hereby declared to be a public nuisance.
(Code 1968, § 31 -12)
Sec. 26.10.060. Maintenance and removal of trees
(a) The department of parks Works sewses
is responsible for inspection, maintenance, removal and replacement of all trees in public areas
places and parkways. No person shall trim or prune any tree in the public right -of -way without written
authorization from the Director. When a tree in a parkway does not constitute an immediate danger
to persons or property, the Director shall not remove it without giving at least ten (10) days' written
notice to the owner of the property, or if the tree is located on a parkway owned in fee by the Town,
to the owner of the nearest abutting property, and posting notice of removal on or near the tree.
(b) Maintenance of trees, as authorized in subsection (a) of this section includes, but is not limited to,
root pruning to prevent damage to sidewalks and curbs or to permit repair of such damage, and
pruning of limbs to compensate for root removal.
(c) The Director may remove limbs from any tree regardless of the location of the tree upon a finding
that the removal is necessary in the interest of public safety. If such tree is on private property and
does not come within the provisions of section 26.30.010, the Director shall not remove any such
limbs without giving at least ten (10) days' written notice to the owner of the property, and posting
notice of removal on or near the tree.
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(d) Nothing in this chapter shall be deemed to impose any liability upon any member of the Town
Council, or the Town or any of its officers or employees, or to relieve the owner and the occupant of
any private property from the duty to keep the property, and the sidewalks and parkway in front of
the property in a safe condition, and not hazardous for public travel.
(e) Whenever a property owner wishes to have a tree removed from a parkway planted thereon by the
Town, the owner shall apply to the Director for a permit for removal. The Director shall determine
whether to issue the permit and whether the work of removal is to be done by the Town. If the tree is
found to be in good condition and the permit is granted selety- primarily for the convenience of the
applicant, then the full cost and responsibility of such removal shall be borne by the applicant-and
paid in - advance including replanting of a new street tree Where replanting is impractical or
infeasible the adjacent property owner may pay an in -lieu fee in an amount approved by resolution
of the Town Council.
(hf) Notices as required by this section maybe given in the manner provided in section 26.30.015.
(Code 1968, § 31 -13)
Sec. 26.10.062. Standards of review.
Kating.
maintenance.
(3) The removal of the tree(s) will not result in a density of trees or tree cover that is inconsistent
with the neighborhood.
crowding other trees including Heritage Trees or other protected trees as defined in Chapter 29
of the Town Code.
(5) Whether the removal of the tree and replanting with a different species will help promote a more
unified street tree canopy.
(6) The species size (diameter, canopy, height) estimated age and location of the tree
(Ord. No. 2114. §4 I. II, 8 -4 -03)
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Sec 26.10.063. Required Findings
tree.
tree.
(7) The removal of the tree is necessary to repair a qeoloqic hazard
(8) The removal of the tree has been approved by the Town Council as part of an approved Capital
Improvement Project.
(12) The tree has been declared a public nuisance pursuant to Section 26 10.055 of this Chapter.
Sec. 26.10.065. Obstructions at corners of intersecting streets.
The owner or occupant of any corner lot or premises in the Town shall keep trees, hedges and
growth at the corners of intersecting streets, whether between the curb line and the private lot line, or
within the private lot or premises, so trimmed that the height of the same shall not exceed three (3) feet
above the curb level for a distance of thirty (30) feet measured horizontally in any direction from the point
of intersection of the property lines at street corners; provided, that trees whose main trunks are exposed
to a height of seven and one -half (7 %s) feet above the curb need not be so trimmed or cut.
(Code 1968, § 31 -15)
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Sec. 26.10.070. Appeals.
(a) Decisions of the Director under the provisions of sections 26.10.055, 26.20.010, 26.20.015, and
26.10.060(a) and (c) (in instances involving trees located on private property only), and 26.10.060(e),
and 26.30.010 concerning notices to cut down, trim or remove a tree, only, are appealable to the
Parks Commission. Appeals shall be commenced by filing a written notice of appeal with the
Secretary of the Parks Commission within ten (10) days after the property owner or possessor of
land is notified of the decision. The notice of appeal shall state the name and address of the
appellant, the location of the tree, including the street address of the property most likely to assist in
locating the tree if there is such address, a description sufficient to identify the tree, describe the
specific action of the Director which is the subject of the appeal, and state the grounds for the
appeal.
(b) Determinations of the Parks Commission under the provisions of this chapter, including
determinations on appeal from decisions of the Director, are appealable to the Town Council.
Appeals shall be commenced by filing a written notice of appeal with the Town Clerk within ten (10)
days after the property owner or possessor of land is notified of the decision. The notice of appeal
shall state the name and address of the appellant, shall describe the determination or decision
appealed from, and shall state the grounds for appeal.
(c) Any interested person may appeal.
(d) All appeals under the provisions of this chapter shall be determined after hearing by the appellate
body of all of the evidence concerning the determination from which the appeal is taken.
(Code 1968, § 31 -16; Ord. No. 2018, § III, 8 -5 -96)
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