Street Tree and Landscaping - Public ROW
CITY OF DUBUQUE, IOWA
MEMORANDUM
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Street Tree and Landscaping on Public Right-of-Way Policy
June 17, 1999
Public Works Director Mike Koch, Leisure Services Manager Gil Spence, and City
Forester Steve Pregler have completed work on the policy for "Street Tree and
Landscaping on Public Right-of-Way". This policy will now regulate the planting,
maintenance, and removal of trees and shrubs in public rights-of-way.
MCVM/j
Attachment
cc: Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
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CITY OF DUBUQUE, IOWA
MEMORANDUM
June 17, 1999
TO: Michael C. Van Milligen, City Manager
FROM:
Michael A. Koch, Public Works Director 1;1/-1; KociJ
SUBJECT: Street Tree Policy
Enclosed is the tinal document ot the "Street Tree & Landscaping On Public Right-Ot-
Way Policy" dated January 11, 1999.
It was developed jointly with the Leisures Services Department and the Engineering
Division.
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1-11-99
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. Citv 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. Citv Forester is the qualified designated official assigned to carry out this
policy's enforcement.
4. Plantinq 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. Larqe 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. Landscapinq is improving the planting lawn or other public right-of-way
by planting trees and shrubs for functional and aesthetic purposes.
11 . Immediate danqer or threat is a tree condition that risks public safety and
requires the immediate attention of the City Forester.
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II. STREET TREE SECTION
A. General Requirements
1. 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.
2. Small trees shall be used where overhead lines or building setback
present special problems, no matter what the size of the planting
lawn.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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
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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.
8.
a.
A City street tree found to be causing cracking or raising
problems with sidewalks will be removed by the City, only
when it cannot be saved or the roots cannot be pruned
properly, and if the owner fails to repair the sidewalk and
maintain it in a safe manner. Sidewalks shall not be cut
around trees without approval of City administration and
adjoining property holder.
b. 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 workinq davs 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
adiacent propertv owner mav appeal such removal to the
Citv Manaqer. Such appeal must be in writinq to the Citv
Manaqer within the five workinq dav period. This notice
and appeal does not apply to a tree posing an immediate
danger or threat to public safety, requiring immediate
removal.
9. 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.
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10. 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.
11 . 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.
12. 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.
B. Types of Trees Allowed
1 . 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.
2. 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 Y2) 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.
2. 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 Nurserv Stock.
D. Pruning and Removal
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 sumps 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.
III. LANDSCAPING ON PUBLIC RIGHT-Of-WAY SECTION
The above Street Tree Section 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 shall govern the planting, maintaining and removal of
groups of trees and shrubs on public rights-of-way for landscaping purposes.
'1 . Landscaping and/or screening required by the City's Zoning Ordinance
shall not be placed on City right-of-way.
2. 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.
3. 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.
5. 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:
a. 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.
b. 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.
c. 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.
d. 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.
e. 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.
f. The City'Forester will be available to discuss in greater
detail the anticipated affect on the tree, and to answer
property owner's questions.
g. For privately contracted work, the contracting authority and
the contractor shall be responsible for the protection of
street trees pursuant to this policy.
2. 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 an established liquidated damages
schedule for non-compliance by the contractor.
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 due to negligence, the contractor shall be
required to reimburse the City for the cost of repairs or replacement tree.
4. Soil Quality
Soil to be used as backfill within the right-of-way shall be high quality
fertile, friable, natural topsoil. It shall not contain admixtures of subsoil
and shall be free of lumps larger than 2" in diameter, stones, plants or
their roots. Topsoil shall have an acidity range from 6.0 to 7.5.