Code of Ordinances Amendment - Title 6 Chapter 8 - Street Tree & Landscaping of ROW Copyright 2014
City of Dubuque Action Items # 4.
ITEM TITLE: Code of Ordinances Amendment Chapter 8 - Street Tree & Landscaping of
Public Right-of-Way
SUMMARY: City Manager recommending approval of the revised Street Tree and
Landscaping on Public Right-of-Way Policy and an amendment to Section
6-8-1 : Trees and Landscaping.
ORDINANCE Amending City of Dubuque code of Ordinances Title 6
Health, Housing, Sanitation and Environment, Chapter 8 Trees and
Weeds, Section 6-8-1 Trees and Landscaping by adding Non-Woody
Vegetation and Other Landscaping to the City Manager's authority for the
Street tree and Landscaping on Public Right of Way Policy
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Motion B; Motion A
ATTACHMENTS:
Description Type
❑ Street Tree&, Landscaping on Public Right-of-Way Policy-MVM City Manager Memo
Memo
❑ Staff Memo Staff Memo
❑ Ordinance Amendment 6-8-1 Ordinance
❑ Street Tree& Landcaping on Public ROW Policy Supporting Documentation
❑ Distance Requirements for Plantings Map Supporting Documentation
❑ Approved Street Tree List Supporting Documentation
❑ 2004 Street Tree and Landscaping Policy Supporting Documentation
THE CITY OF Dubuque
U E I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
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
Recommendation and Amend Section 6-8-1: Trees and Landscaping
DATE: February 9, 2015
City Engineer Gus Psihoyos and Leisure Services Manager Marie Ware recommend
City Council approval of the revised Street Tree and Landscaping on Public Right-of-
Way Policy and amendment to Section 6-8-1 of the Code of Ordinances: Trees and
Landscaping.
The Engineering, Leisure Services, Planning Services and Legal staff have met
numerous times to review the existing policy. It was last updated in 2004. Requests
had been received from homeowners to utilize the parkway (area between the curb and
the sidewalk) for landscaping. The Emerald Ash Borer Management Plan recently
adopted by the City Council outlined the need to revise and update this policy and
others as a preparedness action item.
Research was completed on a number of cities regarding their policies on planting,
restrictions, guidelines and concerns. Staff researched Ames, Cedar Rapids, West Des
Moines, Des Moines, Clive, Council Bluffs, Waterloo and Iowa City. Additionally St
Paul, Indianapolis, Flagstaff and Los Angeles programs were reviewed.
The current policy does not address plantings in the parkway such as plants and
flowers, or any other landscape material other than trees. This means such plantings
are not allowed currently. Citizen requests have been received to allow such plantings.
Staff has seen and has photos from plantings in various neighborhoods that currently
exist and do not meet current city policy. Most everyone enjoys the beauty, value and
positive environmental impact of plants, trees and shrubs but the City must regulate the
use of the public right-of-way for safety and access of all citizens.
Staff research on the topic of street trees and landscaping in the parkway included an
in-depth look at liability, maintenance, accessibility, safety and enforcement issues.
The result of this research and multi-department work team is a recommendation that
plantings may be done in the parkway using the criteria outlined in the policy. The
policy recommendation changes the current policy of no landscape plantings except
trees. A rendering in the packet assists homeowners in visually understanding the
places where plantings can and can't go. Information regarding the changes and
planting information will be provided on the city's website and other city publications.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
l 4(.
Mic ael C. Van MilligenW+f'
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
Marie Ware, Leisure Services Manager
2
THE CITY ODubuque
U Bi
E ,n-AmericaC i
III I.
Masterpiece on the Mississippi 2007-2012-2013
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
Marie L. Ware, Leisure Services Manager
SUBJECT: Street Tree and Landscaping on Public Right-of-Way Policy
Recommendation and Amend Section 6-8-1: Trees and Landscaping
DATE: February 9, 2015
INTRODUCTION
The purpose of this memo is to recommend approval of the revised Street Tree and
Landscaping on Public Right-of-Way Policy and amend Section 6-8-1: Trees and
Landscaping.
BACKGROUND
The Engineering, Leisure Services, Planning Services and Legal staff has met
numerous times to review the existing policy. It was last updated in 2004. Requests
had been received from homeowners to utilize the parkway (area between the curb and
the sidewalk) for landscaping. The Emerald Ash Borer Management Plan recently
adopted by the City Council outlined the need to revise and update this policy and
others as a preparedness action item.
DISCUSSION
Research was completed on a number of cities regarding their policies on planting,
restrictions, guidelines and concerns. In Iowa staff researched Ames, Cedar Rapids,
West Des Moines, Des Moines, Clive, Council Bluffs, Waterloo and Iowa City.
Additionally St Paul, Indianapolis, Flagstaff and Los Angeles programs were reviewed.
The current policy does not address plantings in the parkway such as plants, flowers,
hostas or any other landscape material other than trees. This means such plantings are
not allowed currently. Citizen requests have been received to allow such plantings.
Staff has seen and has photos from plantings in various neighborhoods that currently
exist and do not meet current city policy. Most everyone enjoys the beauty, value and
positive environmental impact plants, trees and shrubs but the City must control the
public right-of-way for safety and access of all citizens.
Staff research on the topic of street trees and landscaping in the parkway included an
in-depth look at liability, maintenance, accessibility, safety and enforcement issues.
Staff reviewed the Unified Development Code (UDC) and determined it only applied to
1
private property and does not have regulations that would impact the right-of-way. The
Council adopted Statewide Urban Design and Specifications (SUDAS). Supplemental
Specifications to that document contain the City requirements as well as references the
City's Street and Landscaping on Public Right-of-Way Policy.
The result of this research and multi-department work team is a recommendation that
plantings may be done in the parkway using the criteria outlined in the policy. The
policy recommendation changes the current policy of no landscape plantings except
trees to outlining in Section V what is allowed. A rendering in the packet assists
homeowners in visually understanding the places where plantings can and can't go.
Information regarding the changes and planting information will be provided on the city's
website and other city publications.
Larger scale landscaping projects and tree plantings are required to have prior approval
with either a courtesy license or revocable license. An example would be a landscaping
project in front of a business or multi unit dwelling.
The policy contains many new definitions. These definitions are meant to assist citizens
in understanding the language used in the policy. The policy was arranged and
streamlined into sections that clearly identified the content covered in that section.
The section on street trees was reviewed for items identified above as well with an
understanding that this section will be used extensively when we begin to experience
the affects of Emerald Ash Borer. As previously shared there are approximately 1 ,300
Ash street trees. It outlines not only city actions and planting information but also if a
homeowner wishes to plant the street tree. This may come up more as Ash trees are
removed.
RECOMMENDATION
As a team, we respectfully request approval of the Street Tree and Landscaping on
Public Right-of-Way Policy and amending Section 6-8-1 : Trees and Landscaping.
GP:MW:et
attachments: Resolution
Proposed Street Tree and Landscaping Policy
Distance Requirements Rendering
Current Approved Street Trees
2004 Street Tree and Landscaping Policy
cc Barry Lindahl, City Attorney
Maureen Quann, Assistant City Attorney
Crenna Brumwell, Assistant City Attorney
Kyle Kritz, Associate Planner
Steve Fehsal, Park Division Manager
Steve Pregler, City Forester
Mary Rose Corrigan, Public Health Specialist
Tom Kopp, Engineering Technician
Jane Smith, Engineering Assistant II
2
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4381
ORDINANCE NO. 12-15
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH,
HOUSING, SANITATION AND ENVIRONMENT, CHAPTER 8 TREES AND WEEDS,
SECTION 6-8-1 TREES AND LANDSCAPING BY ADDING NON -WOODY
VEGETATION AND OTHER LANDSCAPING TO THE CITY MANAGER'S
AUTHORITY FOR THE STREET TREE AND LANDSCAPING ON PUBLIC RIGHT OF
WAY POLICY.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 6-8-1 of the City of Dubuque Code of Ordinances is amended
to read as follows:
6-8-1: TREES AND LANDSCAPING:
A. Planting And Removal; Permission Required: R shall be unlawful for any person,
firm or corporation to plant or remove trees in the public right of way without the written
permission of the city manager or the city manager's designee, and upon such terms
and conditions as the city manager shall require.
B. Street Tree And Landscaping On Public Right Of Way Policy: The city manager
shall develop, with the approval of the city council, a written street tree and landscaping
on public right of way policy which shall govern the planting, maintenance and removal
of trees, shrubs, non -woody vegetation or other landscaping in the public right of way.
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 16th day of Fbruary, 2015.
Roy D. BuoI,/I ayor
Attest:
Key' S. Firnstahl, city Clerk
F:\USERS\Cbrurnwel\Ordinances\6-8-1_TreesandLandscaping_012815.doc
012815cmb
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: February 20, 2015, and for which the charge is $18.31.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this of ;r, , 20 /.i` .
otary Public in and for Dubuque County, Iowa.
'AAP VE.S EY
Commission Number 1548
Exo, FE B. 1, 20
OFFICIAL
PUBLICATION
ORDINANCE NM 12-15
AMENDING CITY OF
DUBUQUE. CODE OF
ORDINANCES TITLE 6
HEALTH,_ HOUSING,
SANITATION AND EN-
VIRONMENT, CHAP-
TER ;8 TREES . AND
WEEDS, SECTION 6-8-
1 TREES AND LAND-
SCAPING BY ADDING
NON -WOODY VEGE-
TATION AND OTHER
LANDSCAPING TO
THE CITY i ;MAN-
AGER'S AUTHORITY
FOR THE STREET
TREE AND LAND-
SCAPING
(!
ON PUBLIC
RIGHT OF WAY
POLICY.
NOW, THEREFORE, 'I
BE IT ORDAINED BY'
THE CITY COUNCIL
OF THE CITY OF
DUBUQUE, IOWA:
Section.. 1. Section 6-8-
1. of `- the City of
Dubuque Code of
Ordinances is amended
to read as,follows:
6-8-1: ' TREES AND
LANDSCAPING:
A. Planting And
Removal; Permission
Required: It shall be
unlawful for any
person, firm' or
corporation to plant or
remove trees, in the
public right . of way
without the written
permission of the city
manager - or the city
manager's designee,
and upon such terms
and conditions as the
city manager shall I
require.
B. Street Tree And
Landscaping On Public
Right Of Way Policy:
The city manager shall
develop, with the
approval of the city'
council, a ;written'
street tree and
landscaping on public
right of way policy
which shall govern the
planting,, maintenance
and, removal of trees,
shrubs, non -woody
vegetation or other
landscaping in the
public right of way.
Section. 2. This
Ordinance takes effect
upon publication.
Pased, approved,,
and adopted. the 16th'
day of February, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S.
Firnstahl, City Clerk
Published officially in
the Telegraph Herald
newspaper on the 20th
day of February, 2015:
/s/Kevin�S. Firnstahl,
• City Clerk"
it 2/20
EFFECT OF AMENDMENT
6-8-1 : TREES AND LANDSCAPING:
A. Planting And Removal; Permission Required: It shall be unlawful for any person,
firm or corporation to plant or remove trees in the public right of way without the written
permission of the city manager or the city manager's designee, and upon such terms
and conditions as the city manager shall require.
B. Street Tree And Landscaping On Public Right Of Way Policy: The city manager
shall develop, with the approval of the city council, a written street tree and landscaping
on public right of way policy which shall govern the planting, maintenance and removal
of trees, shrubs, non-woody vegetation or other landscaping in the public right of
way.
CITY OF DUBUQUE
STREET TREE AND LANDSCAPING ON PUBLIC RIGHT-OF-WAY POLICY
This policy regulates the planting, maintenance, and removal of trees, shrubs, and
vegetation in public rights-of-way.
I. DEFINITIONS.
For the purpose of this Policy the following terms, phrases, words, and their derivations
have the meaning given herein:
1 . City - The City of Dubuque, Iowa.
2. Leisure Services Department-The designated City department underwhose
jurisdiction trees and landscaping in public rights-of-way fall.
3. City Forester or Designee - The qualified designated official assigned to
enforce this Policy.
4. City Engineering Department - The designated department under whose
jurisdiction public rights-of-way, including but not limited to sidewalks and
roadways, fall.
5. Planting lawn - The area between the roadway (or back of curb) and
sidewalk.
6. Parkwav-The area, excluding the sidewalk, if any, between the property line
and the curb, or in the absence of a curb, between the property line and the
nearest edge of the street paving.
7. Street tree - A tree located in the planting lawn, planted by the City, by an
approved contractor of the City, or by another party having first secured the
City's permission.
8. Small trees - Designated as those attaining a height of fifteen feet (15') to
thirty-five feet (35').
9. Medium trees- Designated as those attaining a height of thirty-five feet (35')
to forty feet (40').
10. Large trees- Designated as those attaining a height of forty feet (40')to sixty
feet (60').
11 . Undesirable trees - Trees not suitable for use as street trees because they
exhibit negative characteristics, including but not limited to the following:
thorn production, weak branching habit, messy fruit production, or disease
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susceptibility.
12. Shrub-A perennial woody plant having several stems originating at the base
and relatively low in height, generally less than twenty feet (20'); a bush is
often used interchangeably with a shrub and is usually less than six feet (6)
tall.
13. Non-woody vegetation - Herbaceous plants that have leaves and stems that
die down to the soil level at the end of the growing season and have no
persistent woody stem above ground. Herbaceous plants may be annual,
biennial, or perennial. They are planted in a manner which enhances and
improves aesthetic appearance and promotes capturing and usage of
stormwater runoff while complying with restrictions set forth in this Policy.
14. Landscaping - Improving the planting lawn or other public right-of-way by
planting trees, shrubs, and other vegetation for functional and aesthetic
purposes.
15. Undesirable landscaping - Landscaping not suitable for use in the public
right-of-way, including but not limited to the following: fruit and vegetables,
noxious weeds, nuisance plants, plants having thorns, spines, and prickles,
or others as deemed undesirable by the City Forester.
16. Immediate danger or threat - A tree, shrub, or other planting condition that
risks public safety and requires the immediate attention of the City Forester.
17. Right-of-way trees and brush - Trees and brush found growing on public
right-of-way, but not in a planting lawn as defined above. This includes but is
not limited to trees and brush that have established naturally or trees and
other vegetation that were at one time planted by an adjoining private
property owner.
18. Sidewalk planting pit - An area within a paved surface where a tree is
planted.
19. Revocable license - A license issued for landscaping and planting
placements that are approved and meet all the requirements of this Policy.
20. Permit(s) - Allowing the planting, trimming, removal, or treatment of any
tree(s) growing on City property is required. When and where it is indicated
that "with written permission" or "prior approval by the City Forester is
needed" an application will need to be made.
21 . SUDAS - Statewide Urban Design & Specifications, Chapter 10 of the
Design Manual and Division 9, Section 9030 of the Specification Manual will
have Supplemental Specifications for City requirements and refer to this
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Policy by reference.
22. Right-of-way - The land area of which the right to possession is secured or
reserved by the City for roadway purposes.
23. Appeals - Citizens wishing to appeal any of the requirements of this Policy,
process, or fees must submit the appeal in writing to the City Manager.
II. GENERAL PROVISIONS.
1 . Ownership. Trees growing on the property line are the joint property of both parties
by law.
2. Maintenance and Removal. Maintenance and removal of publically owned treeswill
be completed on a priority basis. Street trees and trees planted on other developed
publically owned properties will be the highest priority. Trees on undeveloped public right-
of-ways and properties will be a lower priority; private property owners may be given
permission to remove trees on undeveloped public right-of-ways. Trees planted by private
property owners or trees that have naturally established themselves on the right-of-way
where no sidewalk exists are the responsibility of the adjoining property owner.
3. Tree Trimming/Pruning, Removal, Grinding. Any plantings obstructing street tree
removal, trimming/pruning, or stump grinding will not be replaced if damaged during those
operations. The City Forester will not attempt to contact the abutting owner priorto any tree
maintenance operation.
4. Relocation of Trees, Shrubs, Landscaping.Wheneverthe City paves orrepavesany
street or changes the grade line of any street or public place or constructs or reconstructs
any conduit, water main service, or water connection, sewer, or other municipal public
works or utility, the abutting owner must, when so ordered by the City, remove any such,
privately-planted trees, shrubs, non-woody vegetation, or other landscaping from the public
right-of-way to accommodate such work. If the abutting owner fails to remove such shrubs,
non-woody vegetation, or other landscaping removal will be done by the City as part of the
construction project and the costs of removal will be assessed to the abutting owner and
given to the County Treasurer for collection in the same manner as property taxes.
5. Violations. Any person who fails to comply with the terms and conditions of this
Policy or approved license after written notice from the City will lose his or her license and
not be granted another such license without approval of the City Manager.
III. APPROVAL, LICENSE REQUIREMENTS.
Prior approval from the City Forester is required before planting any tree on public right of-
way. A one-time courtesy or revocable license will be required from the City Manager, City
Engineer, and/or Leisure Services depending upon the scope of project.
2-9-15
IV. STREET TREES.
1 . General Requirements.
A. Only the Leisure Services Department or those contracted or approved by
the Leisure Services Department may plant, spray, fertilize, preserve, prune,
remove, cut above ground, or otherwise disturb any tree located within the
planting lawn. All tree care practices must 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.
B. 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 will 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 tree will be removed and costs of
removal will be assessed to the abutting owner and given to the County
Treasurer for collection in the same manner as property taxes.
C. In any planting lawn less than four feet (4) in width, the City Forester will
determine if a tree can be planted based on site suitability. In planting lawns
that measure between four feet (4') and five feet (5') in width, both small and
medium size trees may be planted. In planting lawns greater than five feet
(5) in width, large trees may be planted. Sidewalk planting pits must have a
minimum of thirty-six (36) square feet of exposed ground and be a minimum
of three feet (3) deep.
D. Small trees must be used where overhead lines or building setback present
special problems, regardless of the size of the planting lawn. Small and
medium size trees must be used in planting pits.
E. Trees must be planted at least fifty feet (50') feet from the edge of street
intersections, traffic control lights and stop signs, and at least ten feet (10')
from driveways and fifteen feet (15') from alleys. The exact location will be
determined according to the type of tree to be planted.
F. No tree may be planted closer than twenty-five feet (25') from a street light
and ten feet (10') from a utility pole, water shut-off, hydrant, or gas line
lateral.
G. Spacing of trees will be determined by the City Forester according to local
conditions, the species, cultivars, or varieties used, and mature height,
spread, and forms. Generally, all large trees must be planted forty feet (40')
to sixty feet (60') apart. All medium trees must be planted a minimum of
thirty-five feet (35') apart. All small trees must be planted a minimum of
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twenty-five feet (25') feet apart.
H. When a tree is removed from a planting lawn, the City will replace it if budget
considerations and this Policy allow replacement. If a property owner wants a
tree planted where one does not exist, the City will provide fifty percent
(50%) of the cost to plant the tree, if budget considerations and this Policy
allow.
If the City is unable to fund replacement or share the cost of adding a tree,
the property owner may purchase 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.
I. When the tree removed is from a planting lawn less than four feet (4') 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.
If it is determined that there is no room to plant a tree on the neighboring
private property, an exception may be made to replace the tree in the
planting lawn at the City Forester's discretion. Small and medium trees
would be considered for replacement based on the size of the planting lawn
and if budget considerations allow.
J. When special conditions or circumstances that are not directly covered in this
Policy arise, the Leisure Services Department will decide the proper course
of action.
K. The City Forester will select the type of street tree to be planted with input
from the property owner.
L. Violations. Any person who fails to comply with the terms and conditions of
this Policy or approved license after written notice from the City, will lose his
or her license and not be granted another such license without approval of
the City Manager.
2. Project Related Trees.
A. Project submittals to Engineering for future street trees must include a street
tree planting layout, the quantity, specie s/cultivar, and location for the City
Forester's review.
B. One (1) year establishment and warranty periods begin after the installation
is accepted by the Engineer. Care and maintenance of all plants will be the
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responsibility of the contractor during that time. The Engineer may add
additional years.
3. Types of Trees Allowed.
A. A list is prepared by the City Forester of small, medium, and large trees
acceptable for planting as street trees. Undesirable treeswill not be used for
general planting; their use, if any, will be limited to locations where, because
of certain characteristics of adaptability or for landscape effect, they are
advantageous. The tree list will be updated as needed and posted on the
City's website.
B. Only desirable, long-lived trees of good appearance, beauty, adaptability,
that are generally free from injurious insects or disease will be planted as
street trees. The City Foresterwill review the species, cultivars, and varieties
included on the list as needed to determine if any trees should be removed.
C. The recommended street tree listing is a compilation of tree varieties chosen
to meet City street tree planting needs and species diversity. Selections are
based upon tree size and stature, crown development, hardiness, disease
resistance, fruit/seed production, and urban tolerance. The City Forester will
use this list when making placement decisions. It will not be used by anyone
else because one tree, size, or selection does not fit all potential locations.
4. Planting.
A. Size. Unless otherwise specified by the City Forester, all small deciduous
tree species, and their cultivars or varieties, must be at least five feet (5) to
six feet (6) feet in height, have six (6) or more branches, and must be at
least one inch (1") in diameter and six inches (6") above ground level.
All medium and large deciduous tree species, their cultivars and varieties
must be at least one and one-fourth inches(1 1/4')to one and one-half inches
(1 Y2') in diameter six inches (6") above ground level, and at least eight feet
(8) to ten feet (10) in height when planted. The crown must be in good
balance with the trunk.
B. Grade. Unless otherwise allowed for specific reasons, all trees must 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.
C. Depth. All trees planted on City right-of-way must be planted so the tree's
buttress root flare is at-grade.
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D. Transport Materials. Root balls are fragile and should be handled carefully.
All tree root balls must have the transport materials removed or cut back
conforming to industry standards, priorto backfilling. Those materials include
but are not limited to hard plastic and fiber peat pot containers, fabric grow
bags, wire baskets, and all natural and treated burlap and twine used on
balled-in-burlap trees.
5. Pruning, Treatment, and Removal.
A. Pruning. Topping or dehorning of trees is not permitted, except with written
permission of the City Forester.
Established trees must be pruned over the tree's lifetime to allow free
passage of pedestrian and vehicular traffic; to attain a desired branch height
often feet (10') over sidewalks and recreational trails, and fourteen feet (14')
over streets and alleys.
A tree's age, size, location, condition, and natural form are factors that
determine the extent of pruning.
B. Treatment. Any treatment of street trees will be completed by City Forestry
staff unless treatment option by abutting owner is approved by City Forester
and paid for by that owner.
C. Stump Removal. The stumps of trees removed must be cut to at least six
inches (6) below the ground, soil must be replaced and the area must be
leveled. If the area where the tree is removed will be paved, the tree must be
cut or the stump must be removed at least eight inches (8") below the
ground.
D. Tree Trimming/Pruning, Removal, or Grinding. Any plantings obstructing tree
removal, trimming/pruning, or stump grinding will not be replaced if damaged
during those operations. The City Forester will not attempt to contact the
abutting owner prior to any tree maintenance operation.
6. Tree Roots Affecting Sidewalk.
A. City street trees that cause or raise problems with sidewalks will be removed
by the City, only when it meets the City Forester's predetermined removal
criteria. This criteria prevents the indiscriminant removal of a valuable
resource. City street trees will be removed only when one (1) or more of the
following is met:
1) The tree is in a state of decline due to disease or insect pest for which
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a cure is unlikely.
2) The tree poses a safety risk that cannot be corrected, or an
unreasonable safety risk would be created by the construction
process or root pruning.
3) Required work improvements around the tree will likely kill or render
the tree a hazard.
4) Tree preservation is not cost effective compared to the tree's
monetary value.
5) The tree is a public nuisance because of its species, size, location,
fruit and seed drop, limb breakage, or other objectionable condition.
6) The aesthetic value of the tree is extremely low, or the tree interferes
with the growth and development of a more desirable tree.
When a City street tree's root(s) causes or raises problems with the sidewalk
and the tree's removal is not an option, the sidewalk will be repaired using
the approved replacement modifications which best corrects the sidewalk
anomaly while minimizing harm to the tree.
B. City street trees that crack or raise problems for City curbs or streets, cause
intersection site problems, or cause non-sidewalk related public safety
problems (such as dead or dying trees) will be removed by the City when
they cannot be saved or branches or roots cannot be pruned properly. The
adjacent property owner will be given five (5)working days' notice by regular
U.S. mail that the tree will be removed and the reasons for removal. The
notice will state 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 (5) 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.
V. LANDSCAPING ON PUBLIC RIGHT-OF-WAY.
Section IV, Street Trees, set forth above does not address, permit, or regulate planting
groups of shrubs, non-woody vegetation, or other landscaping on public rights-of-way. This
Section governs the planting, maintaining, and removal of groups of shrubs, non-woody
vegetation, or other landscaping on public rights-of-way for landscaping purposes.
1 . General Notes.
A. Landscaping and/or screening required by the City's Zoning Ordinance may
not be placed on City right-of-way.
2-9-15
B. The property owner must plant and maintain the shrubs, non-woody
vegetation, or other landscaping according to this policy. The applicant is
responsible for any and all liability arising from the planting of shrubs, non-
woody vegetation, or other landscaping on City property.
2. Plantings Permitted. A property owner in the City may plant, care for, and maintain
shrubs, non-woody vegetation, or other landscaping ("plantings") in the public right-
of-way. It is the responsibility of the property owner to trim and maintain all plantings
so there is no overhang onto, over, or into the sidewalk or street. Placement of
moisture retention materials, weed control, and containment measures may be
used. The plantings are subject to the restrictions below:
A. Any person planting in the public right-of-way must contact Iowa One Call
System for utility locations. These locations will give approximate alignment
but not depth. The use of mechanical equipment for tilling is now allowed.
Hand digging is recommended.
B. Plantings may not exceed eighteen inches (18") in height; may not overhang
onto the public sidewalk, curb, or roadway; may not be within twenty feet
(20') from intersections.
C. Plantings are permitted along areas of parking and bus stops. However, if
complaints are received, removal, reduction, trimming, or other order will be
determined by the City Manager.
D. Any placement of planters with plantings will require a revocable license
approval process.
E. Where no public sidewalk exists, a four foot (4') unobstructed path will be
identified by Engineering. This area must be kept free from any plantings and
also be maintained by the abutting owner.
3. Enforcement. Complaints will be logged and investigated. Violators will be notified in
writing of the violations and given a compliance deadline. If the City receives
subsequent complaints of the failure to comply, the City or City's designated
contractor will trim or remove non-compliant plantings. The City will assess any
costs associated with that work at the County Treasurer's Office to be collected in
the same manner as property taxes.
4. Plantings Obstructing Tree Trimming/Pruning, Removal, Grinding. The City is not
liable for damage to plantings that obstruct street tree removal, trimming/pruning, or
stump grinding which are damaged or destroyed during those operations. The City
Forester will not attempt to contact the abutting owner prior to any street tree
maintenance operation.
2-9-15
5. Violations. Any person who fails to comply with the terms and conditions of this
Policy may be issued a municipal infraction.
VI. STREET CONSTRUCTION.
1 . 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 an
administrative procedure to follow when street trees are encountered in street,
sewer, water, or utility construction projects.
2. Policy.
A. Administrative Procedures. Street and utility construction activities cause
varying degrees of damage to street trees. Forthis reason, the City Forester
advises other City Departments and private contractors when street
construction activities take place within ten feet (10') of a street tree.
The outlined procedures are followed by all City Departments and
contractors working within the public right-of-way:
1) The City Forester is 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.
2) Prior to the construction of a City street or utility construction contract,
a project representative will walk the project area with the City
Foresterto determine what specific procedures should be followed to
protect adjacent street trees. These procedures will be incorporated
into the project specifications.
3) The City Forester, or appropriate representative, will be invited to the
project pre-construction meeting with the contractor to emphasize the
importance of protecting the trees while the work is progressing.
4) 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.
5) The City Forester will be available to 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.
2-9-15
6) The City Forester will be available to discuss in greater detail the
anticipated effect on the tree, and to answer property owner's
questions.
7) For privately contracted work, the contracting authority and the
contractor are responsible for the protection of street trees pursuant to
this policy.
8) Tree Trimming/Pruning, Removal, Grinding. Any plantings obstructing
tree removal, trimming/pruning, or stump grinding will not be replaced
if damaged during those operations. The City Foresterwill not attempt
to contact the abutting owner prior to any tree maintenance operation.
B. Tree Removal. City street trees growing over existing curbs or located too
close to the curb or utility being placed, upgraded, or replaced such that
reconstruction is not feasible without causing death of the tree, will be
removed by the City or the City's designated contractor. In such cases, the
adjacent property owner will 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 four feet (4) wide and meets other established guidelines in
this Policy. Replacement of removed trees will be done during normal
planting seasons after the construction work is complete.
C. 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, the City Forestry crew will prune
street trees extending over the roadway, which could be damaged.
Contractors must 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 must pay for the necessary cost of repairs, removals,
replacements, and 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 requirements protect and preserve our street trees:
2-9-15
1) All heavy equipment (other than hand tools) must be kept off of the
planting lawn particularly under the drip line of any tree.
2) The planting lawn will not be cut into or disturbed in any way
particularly 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. If the contractor or an individual
suspects the planting lawn must be disturbed, he or she must notify
Leisure Services and consult with the City Foresterwho will determine
whether such disturbance will be permitted.
Curb and gutter removal will be done in such a way as to minimize
any damage to the tree's root system or above ground parts.
3) The tracks or tires of the excavator/backhoe or pavement grinder, etc.
are not allowed to ride on the curb or planting lawn within a tree's drip
line where it would damage the roots, buttress root flair, trunk or
crown of the tree, without protective measures in place to protect the
tree and avoid soil compaction.
4) Construction equipment or materials, including gravel, sand, or soil,
may not be stored on the surface of any unpaved area within a
protected tree's drip line.
5) Chemicals, rinsates, or petroleum products may not be deposited
within the drip line of City street trees.
6) Exposed tree roots must be protected from direct sunlight and airwith
wet burlap following curb and gutter removal if backfilling is not
completed by the end of the same workday. Prior to backfilling, all
lime stone base material must be removed from behind the newly
poured curb and gutter. Backfilling must be completed with hand tools
to avoid compaction.
7) Where possible and specified by the City Forester, orange plastic
barrier fencing or snow fence must be erected to protect trees and
their root zones. The fencing must be installed prior to construction
and cannot be removed until after final clean-up of the construction
site.
8) To preserve viable root systems and maintain structural stability of a
tree, all underground utility placement or replacement must be done
by boring or tunneling beneath the root systems of the tree with open
cut excavating done only outside of the tree's drip line. If a contractor
2-9-15
or an individual determines boring or tunneling is not possible, he or
she must notify Leisure Services and consult with the City Forester
who will determine whether boring or tunneling is possible.
9) Trenching/Tunneling Near Trees by Dr. James R. Fazio shall be used
as a guide by qualified utility workers.
10) If a root must be cut and removed or a damaged root pruned, a clean
cut must be made with a sharp cutting tool. The following sequence
must be used:
a) Expose the root by hand using hand tools such as shovel,
trowel;
b) 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);
C) Remove root;
d) Protect exposed root or backfill.
11) Curb and gutter replacement adjacent to street trees may 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-linear paving (bump outs), skip overs, and narrower streets are
all options to consider for avoiding root injury.
12) Where sidewalk replacement is necessary, care must be taken to
avoid injury to the tree's root system. Sidewalk repairs must be made
using the approved replacement modifications that best correct the
sidewalk anomaly while minimizing harm to the tree. Surface roots
less than two inches (2") in diameter 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 may not be cut
further than five inches (5") away from the edge of the proposed new
walk to accommodate its forms.
13) At no time may the planting lawn grade be changed by removing soil
or through the addition of soil within the tree's drip line.
14) When a situation arises that may potentially harm to the tree and is
clearly not addressed by this Policy, the Engineering Department and
2-9-15
City Forester will determine the best course of action.
D. Soil Qualitv. Backfill soil used in the right-of-way must be friable topsoil. It
may not contain admixtures of subsoil and must be free of lumps Iargerthan
two inches (2") in diameter, stones, plants, or their roots or construction
matter or debris.
VII. GOVERNING CODES.
Governing codes for enforcement of this Policy include Iowa Code §364.12; City Code of
Ordinances Title 6, Chapter 8 and Title 10, Chapter 1 .
2-9-15
Street Tree and Landscaping Distance Requirements for Plantings
ALLEY
ALL
Tree must be 15'or
more from alley
Tree must be 25'or 25'
more from street light
HOUSE
Plantings must be 5'
or more from signs K.
5-
t25
Plantings
must be 10'or
lo.
more from access ramps
and 20'or more from
street intersections
---- ---------—---------—---------—---------—---------—----
—---------—--------—---------—---------—--------------------------------------------------------------
LLJ ROW
WALK
C)
..................................................................................................................... 1--5'-- 5 PLANTING LAWN
LEGEND Plantings mut1bzV or
Plantings must be 5'or more from driveways
more from hydrants
Tree must be 50'or more
Tree
Hydrant
from street intersection
and 10'or more from driveways
Street light
Access
Plantings ramps
Rev.216115
.....................................................................................................
APPROVED STREET TREES FOR
CITY OF DUBUQUE PLANTING LAWNS
Common Name Cultivar Size In Feet Genus/Species
Freeman maple Acer freemanii
'Armstrong 50x15 Large
Autumn Blaze 50x40 Large
'Celebration 40x20 Medium
Sienna Glen 50x35 Large
Miyabie maple Acer miyabie
State Street 50x35 Large
Black ma le Acer ni rum
'Green ColumW 50x20 Large
Norway maple Acer platanoides
'Crimson Sentry 25x15 Small
'Columnar 35x15 Small
'Conquest 40x20 Medium
*Easy Street 40x20 Medium
Emerald Luster 45x40 Large
Emerald Queen 50x40 Large
Fairview 45x35 Large
Parkway 40x25 Medium
Ro al Red 40x30 Medium
Red Maple Acer rubrum
Autumn Spire 40x25 Medium
'Bowhall 40x15 Medium
Brandywine 40x30 Medium
'Karpick 40x20 Medium
Northwood 40x35 Medium
Redpointe 45x30 Large
Red Sunset 45x35 Large
'Scarlet Sentinel 40x20 Medium
Sugar Maple Acer saccharum
*Apollo 25x10 Small
Autumn Fest 50x35 Large
Commemoration 50x35 Large
'Endowment 50x20 Large
Fiesta 50x40 Large
Green Mountain 50x40 Large
Wright Brothers 50x35 Large
1
Tatarian maple Acer tataricum
Tatarian 25x20 Small
Rugged Charm 28X15 Small
Patdell 25X20 Small
Hybrid maple Acer truncatum X
platanoides
Norwegian 35x25 Small
Sunset
Pacific Sunset 35x25 Small
Crimson Sunset 35x25 Small
Urban Sunset 35X20 Small
American Hornbeam 25X20 Small Carpinus carolinia
Hackberry 45x35 Large Celtis occidentalis
'Prairie Sentinel 45x12 Large
Ginkgo Ginkgo biloba
Golden Colonade 45x25 Large
'Princeton Sentry 40x15 Medium
Honey Locust Gleditsia tricanthos
inermis
Imperial 35x35 Small
Moraine 50x35 Large
Northern Acclaim 45x35 Large
Shademaster 45X35 Large
Sunburst 40x35 Medium
Skyline 45x35 Large
Street Keeper 45x20 Large
True Shade 40x35 Medium
Kentucky Coffee Tree Gymnocladus dioicus
Espresso 50x35 Large
American Hophornbeam 40X25 Medium Ostrya virginiana
Ironwood
Ornamental pear P rus callerana
Aristocrat 40x28 Medium
Autumn Blaze 30x25 Small
'Chanticleer 40x15 Medium
Rancho 35x25 Small
Red Spire 35x25 Small
Hybrid oak Quercus macrocarpa
Urban Pinnacle 55X35 Large
Hybrid oak Quercus robur x
As es
'Rosehill 40x20 Medium
Hybrid oak Quercus robur x alba
'Crimson Spire 45x15 Large
2
'Streets ire 45x15 Large
Hybrid oak Quercus robur x
bicolor
'Re al Prince 45x18 Large
Beacon oak 40X15 Medium Quercus bicolor
Red oak 50x45 Large Quercus rubra
Big leaf linden Tilia americana
American Sentry 45x30 Large
Boulevard 50x25 Large
Redmond 35x25 Small
Legend 40x30 Medium
Little leaf linden Tilia cordata
'Chancellor 35x20 Small
'Corinthian 45x15 Large
Glenleven 50x30 Large
Green Spire 40x30 Medium
Harvest Gold 40x30 Medium
Shamrock 40x30 Medium
Elm Ulmus
Emerald 35x25 Small
Sunshine
Frontier 40x30 Medium
New Horizon 50x35 Large
Patriot 50x40 Large
Prospector 40x30 Medium
Regal 50x30 Large
'Indicates a more upright form.
Note: This approved tree list is a compilation of tree varieties chosen to meet the City's
street tree planting needs. Selections were made based upon tree size and stature,
crown development, hardiness, disease resistance, fruit/seed production, and urban
tolerance. This list is intended to be used by the City Forester and private property
owner when making street tree selection decisions. All others may use it as a tree
selection reference. Tree selection will be based on species diversity, planting lawn
size and City of Dubuque Street Tree and Public Right-of-Way Policy requirements.
Updated: February 2015
3
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.
May 16, 2004
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 that measure between three
(3) and five (5) feet in width, both small and medium size 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 forms. 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.
May 16, 2004
8. a. 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 riskwould be created bythe
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 in
value to the tree's 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 low or where
the tree interferes with the growth and development of a
more desirable tree.
When a city street tree's roots or root has been found to be
causing or raising problems with the sidewalk and the tree's
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.
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 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
May 16, 2004
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.
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
May 16, 2004
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 1/2) 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 Nursery Stock.
3. Depth
All trees planted on city right-of-way shall be planted so that the trees'
buttress root flare is at-grade.
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
May 16, 2004
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.
III. LANDSCAPING ON PUBLIC RIGHT-OF-WAY SECTION
The above "Street Tree Section 11" 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 111" 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 ortenant 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
May 16, 2004
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
May 16, 2004
altered during the progress of the work.
f. The City Forester will be available to discuss in greater detail
the anticipated effect 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 or utility being placed, upgraded or replaced 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.
May 16, 2004
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 when trees are on the street.
♦ The planting lawn will not, to the extent possible, be cut into or disturbed
in any way. 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 tree's 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
tree's 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 tree's 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 from direct sunlight and airwith wet
burlap following curb and gutter removal if backfilling isn't completed by
the end of the same workday. Prior to backfilling, all limestone base and
construction materials shall be removed from behind the newly poured
curb and gutter. 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
May 16, 2004
of the tree with open cut excavating done only outside of the tree's 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-Tinier paving
(bump outs), skip overs and narrower streets are all options to consider
for avoiding root injury.
♦ Where sidewalk replacement is necessary, care should be taken to avoid
injury to the tree's 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 less
than two (2) inches in diameter 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 tree's 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.
4. Soil Quality
Soil to be used as backfill within the right-of-way shall be a friable topsoil. It
May 16, 2004
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: October 3, 1988
Revised: February 21 , 1994
Revised: January 11 , 1999
Revised: April 12, 2000
Revised: July 9, 2001
Revised: May 16, 2004
May 16, 2004