Street Tree & Landscaping Public ROWCITY OF DUBUQUE, IOWA
MEMORANDUM
July 11, 2001
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Revisions to the Street Tree and Landscaping on Public Right-of-Way
Policy
Leisure Services Manager Gil Spence is recommending a revision to the City Street
Tree and Landscaping on Public Right-of-Way Policy. The proposed modifications are
designed to strengthen the City's efforts to save trees when a construction project
occurs. The more stringent construction practices would be used for all street, water,
sewer, sidewalk, electric and gas construction projects.
Section A, subsection 8-a better outlines the criteria to be used when determining when
street trees will be removed that may be causing cracking or raising problems with
sidewalks. It also requires that the City may need to pay for sidewalk replacement in
the future if attempts to save the tree fail and the property owner has modified the
sidewalk at the City's request with the intent of saving the tree.
The second proposed change is in section B, subsection 3. This new section outlines
the procedure that will be followed when the plans and specifications are developed for
street construction, the procedure a contractor will need to follow dudng construction to
protect the trees, and how the value of a damaged tree will be determined if the City
Forester finds a loss has occurred.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MiChael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gil D. Spence, Leisure Services Manager
CITY OF DUBUQUE, IOWA
MEMORANDUM
July 10, 2001
TO: Michael C. Van Milligen, City Manager ~/
,.
FROM. Gil D. Spence, Leisure Services Manager~)~///
SUBJECT: Revisions to the Street Tree and Landscaping on Public Right-of-Way Policy
INTRODUCTION
The purpose of this memorandum is to request City Council approval of revisions to the
Street Tree and Landscaping on Public Right-of-Way Policy.
DISCUSSION
In 1988, a Street Tree Policy was developed to address many concerns dealing with the
planting and maintenance of trees planted between the curb and sidewalk. The planting
of street trees had been halted because street trees were causing problems with street
lights, street signs, sidewalks, utilities, and intersections. This policy addresses all
those concerns and allowed for the planting of street trees to begin again.
A few years later, the policy was revised to include landscaping on public right-of-way.
A section was added later to provide some guidance on protecting trees during street
construction.
The first proposed change replaces II - Street Tree Section, Section A - General
Requirements, #8a. This section dealing with removing trees found to be causing
cracking or raising problems with sidewalks. The new section better outlines the criteria
to be used when determining when street trees will be removed.
The second proposed change replaces IV - Street Construction Section, Section B -
Policy, #3 - Construction Practices. In the past few years, there has been several
issues arise concerning street trees impacted by street construction.
continued
revisions to street tree and landscaping, page two
The new section outlines the procedures that will be followed when the plans and
specifications are developed for street construction, procedures the contractor will need
to follow during construction to protect the trees, and how the value of a damage tree
will be determined if the City Forester finds a loss has occurred. These construction
practices will be used for all street, water, sewer, sidewalk, electric and gas construction
projects.
To help inform contractors of the construction practices outlined in the policy, the City
Forester will conduct a training session on the practices and how they are to be
performed. Engineering Division staffwill be invited to this training so they learn what to
look for and how things should be done since they are likely to see the contractors
performing the work. An information pamphlet will also be developed to give to
contractors and the general public.
Both of these proposed changes tilt the scale in favor of saving the street tree. Extra
effort will be taken to save the tree, which may result in the tree being taken out some
time later if the tree dies anyway. The City may also need to pay for sidewalk
replacement if attempts to save the tree fail and the property owner has modified the
sidewalk, at the City's request, with the intent of saving the tree.
Staff feels that these two changes will clarify what must be done to preserve our street
trees and how the City will specify to contractors the practices they must follow to
protect the trees.
If you have any questions, please call.
GDS:jlr
copy Mike Koch
Mike Felderman
John Hail
Steven Pregler
07-09-01
CITY OF DUBUQUE
STREET TREE AND LANDSCAPING ON PUBLIC RIGHT-OF-WAY POLICY
This policy shall regulate the planting, maintenance, and removal of trees and shrubs
in public rights-of-way.
I. DEFINITIONS
For the purpose of this policy the following terms, phrases, words and their
derivations shall have the meaning given herein.
1. City is the City of Dubuque, Iowa.
2. Leisure Services Department is the designated department of the City
under whose jurisdiction trees in public rights-of-way fall.
3. City Forester is the qualified designated official assigned to carry out this
policy's enforcement.
4. Planting lawn is the area between the street (or back of curb) and
sidewalk.
5. Street tree is a tree located in the planting lawn.
6. Small trees are designated as those attaining a height of fifteen (15) to
thirty-five (35) feet.
7. Medium trees are designated as those attaining a height of thirty-five (35)
to forty (40) feet.
8. Large trees are designated as those attaining a height of forty (40) to
sixty (60) feet.
9. Undesirable trees are trees not suitable for use as street trees because of
one or more of the following characteristics: thorn production, weak
branching habit, messy fruit production, disease susceptibility, et cetera.
10. Landscaping is improving the planting lawn or other public right-of-way
by planting trees and shrubs for functional and aesthetic purposes.
11. Immediate danger or threat is a tree condition that risks public safety and
requires the immediate attention of the City Forester.
II. STREET TREE SECTION
A. General Requirements
No trees are to be planted in any planting lawn which is less than
three (3) feet in width. In planting lawns with a minimum of three
(3) feet in width, small trees may be planted; in planting lawns
with a minimum of four (4) feet in width, medium trees may be
planted; and in planting lawns with a minimum of five (5) feet in
width, large trees may be planted.
Small trees shall be used where overhead lines or building setback
present special problems, no matter what the size of the planting
lawn.
Trees shall be planted at least fifty (50) feet from the edge of
street intersections, traffic control lights and stop signs, and at
least ten (10) feet from driveways and fifteen (15) feet for alleys.
Exact location will be determined according to the type of tree to
be planted.
..
No tree shall be planted closer than ten (10) feet from a street
light, utility pole, water shut-off, sewer lateral, or other
underground utility.
Spacing of trees shall be determined by the City Forester according
to local conditions, the species, cultivars, or varieties used, and
their mature height, spread, and form. Generally, all large trees
shall be planted forty (40) to sixty (60) feet apart; all medium trees
shall be planted a minimum of thirty-five (35) feet apart; and all
small trees shall be planted a minimum of twenty-five (25) feet
apart.
Only the Leisure Services Department or those contracted or
approved by the Leisure Services Department shall plant, spray,
fertilize, preserve, prune, remove, cut above ground, or otherwise
disturb any tree located on a public right-of-way. All tree care
practices shall conform to the standards approved by the National
Arborist Association, the International Society of Arboriculture,
and the American National Standard ANSI 2133.1 Safety
Requirements·
If a property owner or tenant has planted an undesirable tree or
after September 15, 1988, plants a tree that does not meet the
specifications set forth in this policy, the Leisure Services
Department shall notify the property owner or tenant of this policy
and ask that the tree be removed. If the tree is not removed by
the date established, the City will remove the tree at the City's
expense.
A City street tree found to be causing or raising problems
with sidewalks will be removed by the city, only when it
meets predetermined criteria as determined by the City
Forester. These criteria are set to prevent the indiscriminant
removal of a valuable resource. City street trees will be
removed only when one or more of the following criteria are
met:
· The tree is in a state of decline due to disease or insect
pest for which there is no likelihood of a cure.
· The tree poses a safety risk that cannot be corrected or
where an unreasonable safety risk would be created by
the construction process or root pruning.
· Where work improvements required to be made around
the tree will likely kill the tree or render it a hazard.
· Where tree preservation is not cost effective compared
to the value to the trees monetary value.
· The tree poses an extreme public nuisance because of
its species, size, location, fruit & seed drop, limb
breakage or other objectionable condition.
· The aesthetic value of the tree is extremely Iow or
where the tree interferes with the growth and
development of a more desirable tree.
When a city street trees roots or root has been found to be
causing or raising problems with the sidewalk and the trees
removal is not an option, the sidewalk repair will be made
using one of the approved replacement modifications which
best corrects the sidewalk anomaly while minimizing harm
to the tree.
City street trees found to be causing cracking or raising
problems for City curbs or streets or causing intersection
site problems or non-sidewalk related public safety problems
(such as dead or dying trees) shall be removed by the City
when it is determined they cannot be saved or branches or
roots cannot be pruned properly. The adjacent property
owner shall be given a five working days notice by regular
U.S. mail that the tree is to be removed and the reasons for
such removal. The notice shall include a provision that the
adjacent property owner may appeal such removal to the
City Manager. Such appeal must be in writing to the City
Manager within the five working day period. This notice
and appeal does not apply to a tree posing an immediate
danger or threat to public safety, requiring immediate
removal.
When a tree is removed from a planting lawn, the City shall
replace it, provided budget considerations and the specifications
of this policy allow.
if a property owner wishes a tree planted where one does not
exist, the City shall provide 50 percent of the cost to plant the
tree, provided budget consideration and the specifications of this
policy allow.
If the City is unable to fund the replacement, or share the cost of
adding a tree, the property owner may finance the purchase of a
tree and the Leisure Services Department will plant it. The
property owner may plant this tree provided the City Forester has
approved the tree type and its location.
10.
11.
12.
When the tree removed is from a planting lawn less than three (3)
feet in width, the City may provide and plant a tree beyond the
sidewalk on private property (in the front yard) at the request of
the property owner (based on site suitability as determined by the
City Forester) and if budget considerations allow. Such tree then
becomes the property and responsibility of the property owner.
When special conditions or circumstances arise which are not
directly covered in this policy, the Leisure Services Department
shall make a decision on the course of action to be taken, based
upon an evaluation of the situation.
The selection of the type of street tree to be planted shall be made
by the City Forester, after considering the wishes of the property
owner.
Types
1.
of Trees Allowed
This policy contains a listing of small, medium and large trees
prepared by the City Forester for planting as street trees.
Undesirable trees shall not be recommended for general planting
and their use, if any, shall be restricted to special locations where,
because of certain characteristics of adaptability or for landscape
effect, they can be used to advantage.
Only desirable, long-lived trees of good appearance, beauty,
adaptability, and generally free from injurious insects or disease
shall be planted as street trees. The City Forester shall review at
least once every two (2) years the species, cultivars, and varieties
included on the lists to determine if any should be removed for any
reason.
C. Planting
1. Size
Unless otherwise specified by the City Forester, all small
deciduous tree species, and their cultivars or varieties, shall be at
least five (5) to six (6) feet or more in height, have six (6) or more
branches, and shall be at least one (1) inch in diameter six (6)
inches above ground level.
All medium and large deciduous tree species and their cultivars and
varieties shall be at least one and one-fourth (1 1/4) to one and
one-half (1 ¼) inches in diameter six inches above ground level,
and at least eight (8) to ten (10) feet in height when planted. The
crown shall be in good balance with the trunk.
Grade
Unless otherwise allowed for specific reasons, all trees shall have
comparatively straight trunks, well-developed leaders and tops,
and roots characteristic of the species, cultivar or variety showing
evidence of proper nursery pruning. All trees must be free of
insects, disease, mechanical injury, and other objectionable
features at the time of planting, and conform to standards set
forth in American Standards for Nursery Stock.
D. Pruning and Removal
III.
1. Pruning
Topping or dehorning of trees shall not be permitted, except by
written permission of the Leisure Services Department.
Established trees shall be pruned over the tree's lifetime to allow
free passage of pedestrian and vehicular traffic; over time to attain
a desired branch height of ten (10) feet over sidewalks and
fourteen (14) feet over streets and alleys. A tree's age, size,
location, condition and natural form are factors which will
determine the extent of pruning.
2. Stump Removal
The stumps of trees removed shall be cut to at least six (6) inches
below the ground, and soil shall be replaced and the area leveled.
if the area where the tree is removed is to be paved, the tree shall
be cut or stump removed at least eight (8) inches below the
ground.
LANDSCAPING ON PUBLIC RIGHT-OF-WAY SECTION
The above "Street Tree Section Il" does not speak to, permit, or regulate, the
planting of groups of trees and shrubs for landscaping purposes on public rights-
of-way. This "Section III" shall govern the planting, maintaining and removal
of groups of trees and shrubs on public rights-of-way for landscaping purposes.
Landscaping and/or screening required by the City's Zoning Ordinance
shall not be placed on City right-of-way.
No trees and shrubs shall be planted in the planting lawn or other public
right-of-way for landscaping purposes without first obtaining approval of
the City Manager.
z
The approval of the City Manager will be in the form of a revocable
permit to plant trees and shrubs for landscaping purposes in the public
right-of-way. The applicant must agree to plant and maintain the trees
and shrubs according to an approved site plan and further agree to be
responsible for any and all liability arising from the planting of trees and
shrubs on City property. The work must be done by a responsible and
insured contractor approved by the City Engineering Division.
4. Requests for such approval shall be made to the City Manager in writing
and include a site plan showing the varieties and placement of the trees
and shrubs to be planted on City right-of-way and who is to do the work.
Trees and shrubs planted on City right-of-way without City approval will
be removed by the property owner or tenant after receiving notification
from the City. If the trees and shrubs are not removed by the date
established, the City will do the removal at the City's expense.
IV. STREET CONSTRUCTION SECTION
A. Purpose
The purpose of this section is to prevent or minimize damage to street
trees as a result of street construction activities. This section provides
for an administrative procedure to follow when street trees are
encountered in street, sewer, water, or utility construction projects.
B. Policy
1. Administrative Procedures
Street and utility construction activities will, in many cases, cause
varying degrees of damage to street trees. For this reason, the
City Forester shall act to advise other City Departments and
private contractors when street construction activities will be
taking place within ten (10) feet of a street tree.
The outlined procedures will be followed by all City Departments
and contractors working within the public right-of-way:
The City Forester shall be used as a technical resource in
the design and construction specification writing phase of
City construction projects to identify issues and potential
problems relating to street trees which could arise from the
construction activities.
Prior to the construction of a City street or utility
construction contract, a project representative will walk the
project area with the City Forester to determine what
specific procedures should be followed to protect adjacent
street trees. These procedures will be incorporated into the
project specifications.
eo
The City Forester, or appropriate representative, shall be
invited to the project pre-construction meeting with the
contractor to emphasize the importance of protecting the
trees while the work is progressing.
The City Forester will attend public meetings and hearings
(as needed) on projects where potential damage to street
trees has been identified by prior inspection and review.
Trees intended for trimming will be identified in the
specifications and the public involvement process.
The City Forester shall be available when called by the
Engineering Division to monitor the progress of the
contractor and to advise the City Departments or private
contractor if the work is not proceeding according to the
adopted specifications relating to tree protection, or if the
specifications should be altered during the progress of the
work.
The City Forester will be available to discuss in greater
detail the anticipated effect on the tree, and to answer
property owner's questions.
For privately contracted work, the contracting authority and
the contractor shall be responsible for the protection of
street trees pursuant to this policy.
Tree Removal
City Street trees found to be growing over existing curbs or located too
close to the curb such that reconstruction of the curb is not feasible
without causing death of the tree, the tree will be removed by the
Contractor. In such cases, the adjacent property owner shall be notified
as outlined above.
Trees removed for construction projects will be replaced as part of the
City construction contract at no cost to the property owners if the
planting lawn is a minimum of 3 feet wide and meets other established
guidelines outlined in this policy. Replacement of removed trees shall be
done during normal planting seasons after the construction work has
been completed.
3. Construction Practices
The construction specifications will outline specific procedures to be
followed by the contractor, along with tree damage liabilities, including
penalties and costs of damage remediation.
Prior to the commencement of construction, City Forestry crew will prune
street trees extending over the roadway which could be damaged.
Contractors shall notify the City if damage is done beyond the level
anticipated, and repairs to trees damaged during construction will be
made by the contractor.
When trees are damaged or destroyed due to negligence or non-
compliance, the contractor shall be required to pay for the necessary cost
of repairs, removals, replacements and to reimburse the City for loss of
value.
Loss of value will be determined by the City Forester, using the most
recent edition of The Council of Tree & Landscape Appraisers, Guide for
Plant Appraisal.
The following specific suggestions will best protect and preserve our
street trees, and reduce the chance of liability in the event of their failure.
All heavy equipment (other than hand tools) shall be kept off of the
planting lawn under the drip line of any tree.
The planting lawn will not, to the extent possible, be cut into or
disturbed in any way within the trees' drip line. This includes creating
setbacks for new curb and gutter, accommodating slip form pavers~
reducing the height of the planting lawn or where an alternative
exists, trenching or digging for utilities.
Curb and gutter removal will be done in such a way as to minimize
any damage to the trees root system or above ground parts.
· At no time shall the tracks or tires of the excavator/backhoe or
pavement grinder, et cetera, be allowed to ride on the curb or planting
lawn within a trees' drip line where it would case damage to the
roots, buttress root flair, trunk or crown of the tree, without
protective measures in place to protect the tree and avoid soil
compaction.
· At no time shall construction equipment or materials, including gravel,
sand or soil, be stored on the surface of any unpaved area within a
protected trees' drip line.
At no time shall chemicals, rinsates or petroleum products be
deposited within the drip line of city street trees.
Exposed tree roots shall be protected with mulch and watered
following curb and gutter removal if backfilling isn't completed by the
end of the same workday. Backfilling should be completed with hand
tools to avoid compaction.
Only a friable clay loam soil shall be used as a backfill soil. Backfill
soil shall be free of rock and other construction debris.
Where possible and specified by the City Forester, orange plastic
barrier fencing or snow fence will be erected to protect trees and their
root zones. The fencing shall be installed prior to construction and
not removed until after final clean up of the construction site,
To preserve viable root systems and maintain structural stability of a
tree, it is required that all underground utility placement or
replacement, to the extent possible, be done by boring or tunneling
beneath the root systems of the tree with open cut excavating done
only outside of the trees' drip line.
"Trenching/Tunneling Near Trees" by Dr. James R. Fazio shall be used
as a guide by qualified utility workers.
If a root must be cut and removed or a damaged root pruned, a clean
cut shall be made with a sharp cutting tool. The following sequence
shall be used:
1. expose the root by hand using hand tools such as shovel, trowel;
2. make a clean cut with a sharp tool such as a hand pruner or hand
saw and in the event of larger roots, a chain saw; (root grinding is
not an option);
3. remove root;
4. protect exposed root or backfill.
· Curb and gutter replacement adjacent to street trees can be made
with a slip form paver only if the paver can be accommodated without
any additional alterations to the existing planting lawn. Where
insufficient room does not exist, the area will be poured using hand
set steel forms. Expansion joint or masonite may be necessary for
forming around the base of trees where conventional forms will not
fit. Non-linier paving (bump outs), skip overs and narrower streets arc,
all options to consider for avoiding root injury.
· Where sidewalk replacement is necessary, care should be taken to
avoid injury to the trees' root system. Sidewalk repairs should be
made using one of the approved replacement modifications which
best corrects the sidewalk anomaly while minimizing harm to the tree.
Surface roots may be cut when necessary, making clean pruning cuts
to a maximum depth just below the finished grade of the new walk.
The root system should be cut no further than 5 inches away from
the edge of the proposed new walk to accommodate its forms.
At no time shall the planting lawn grade be changed by removing soil
or through the addition of soil within the trees' drip line.
When a situation should arise with the potential to cause harm to the
tree, which is clearly not addressed by this policy guideline, the
engineering department and City Forester shall be consulted to
determine the best course of action.
Soil Quality
Soil to be used as backfill within the right-of-way shall be a friable
topsoil It shall not contain admixtures of subsoil and shall be free of
lumps larger than 2" in diameter, stones, plants or their roots and
construction matter or debris.
Adopted:
Revised:
Revised:
Revised:
Revised:
October 3, 1988
February 21, 1994
January 11, 1999
April 12, 2000
July 9, 2001