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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 Ll 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. MAK/vjd Ene. . . 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. ~. 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 . . ~. . 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. , 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.