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City Ordinance concerning Trees and Shrubs
Chapter
12.16
TREES
AND SHRUBS
12.16.010 Purpose-Authority-General
provisions.
A. The purpose
of this chapter is to provide supervisory care for the city urban
forestry system;to assist and direct
property owners in providing for the safe use of public rights
- - of - way by timely
and proper maintenance of trees, shrubs, hedges and vines, and
to establish and enforce professional
standards for city business licensees, pursuant to licensing
provisions of Chapters 5.04 and 5.80 of city code, pertaining
to trimming, removing, and applying
pesticides and insecticides to trees and shrubs.
B. The requirements
of this chapter will not be deemed to impose any liability for
damages or duty of care and maintenance
upon the city or any of its officers, agents or employees. The
person abutting public property
or the owner of any private property will have a duty to keep
trees, shrubs, hedges and vines
upon the property in a safe, healthy condition.
C. The city
will employ or may contract for the services of a person to be
known as the director of forestry,
under the direction of the director of the parks and recreation
department, whose powers and duties
are set forth within this chapter.
1. In
order to accomplish the purposes of this chapter, the director
of forestry is authorized to
enter upon any property within the city for the purpose of inspecting
trees and/or shrubs
after having provided proper notice.
D. Regulations
and specifications known as the “Forestry Division: Regulations
and Specifications” are included
and set forth within this chapter as outlined in section 12.16.070.
1. Purpose
of the regulations and specifications is to govern the trimming,
spraying, removal,
planting, pruning and protection of trees, shrubs, vines and hedges
upon or affecting
the public rights-of-way on any street, alley, sidewalk or other
public place within
the city, including, but not limited to, parks, public buildings,
cemeteries, golf courses
and open spaces.
E. The director
of forestry is hereby authorized to assess basic costs and fees,
including an administrative fee
to cover expenses related to personnel and equipment relative
to enforcement of the provisions
of this chapter, as set out in section 12.16.080 of this chapter.
F. The following
documents, as amended, a copy of which are on file and open for
inspection by the public with the
forestry division and office of city clerk, are hereby referred
to, adopted, and made a part of
this chapter as if fully set out:
1. American
National Standards Institute, Inc., ANSI Z133.1-2000. American
National Standard
for Arboriculture Operations - Pruning, Repairing, Maintaining
and Removing Trees,
and Cutting Brush Safety Requirements.
2. American
National Standards Institute, Inc., ANSI A300 (Part 1)-2001.
American National
Standard for Tree Care Operations - Tree, Shrub and Other Woody
Plant Maintenance
- Standard Practices (Pruning).
3. American
National Standards Institute, Inc., ANSI A300 (Part 2)-1998. American
National
Standard for Tree Care Operations - Tree, Shrub and Other Woody
Plant Maintenance
- Standard Practices (Fertilization).
4. American
National Standards Institute, Inc., ANSI A300 (Part 3)-2000. American
National
Standard for Tree Care Operations - Tree, Shrub and Other Woody
Plant Maintenance
- Standard Practices (Support Systems, a. Cabling, Bracing and
Guying).
12.16.020 Planting
of certain species of trees and shrubs in public
rights-of-way-Limited.
A. The tree
lawn area is the landscape area within the public rights-of-way
between the street curb and the
sidewalk. It is unlawful to plant or cause to be planted any of
the following:
1. Within
the tree lawn area, coniferous trees that naturally grow taller
than thirty (30) inches;
2. Within
the tree lawn area, deciduous or evergreen shrubs that cannot
be maintained to a height
of less than thirty (30) inches;
3. For
properties with a public sidewalk attached to the curb, no newly
planted deciduous trees
within two and one-half feet of the public sidewalk, nor any newly
planted conifer trees
within seven feet of the sidewalk.
B. Specific
tree spacing is required between trees in the public rights-of-way
along city streets and specific
planting offsets in the public rights-of-way from streets, curbs,
sidewalks and alleys. Spacing and
offset distances for several trees that are adapted to grow within
the city are set forth in section
12.16.070 of this chapter.
12.16.030 Planting,
pruning, removal or altering of trees, shrubs-Permit required.
A. It is
unlawful for any person, including tree maintenance businesses
to plant, prune, remove or structurally
alter, as determined by the director of forestry and in accordance
with section 12.16.070 of this chapter,
any tree within the public street, alley or sidewalk rights-of-way,
or other public place, within the
city without having first obtained a written permit from the director
of forestry.
B. Persons
desiring a permit to prune, remove or structurally alter any tree
within the public street, alley
or sidewalk rights-of-way, or other public place, must submit
written application on forms provided
to the office of the director of forestry. A permit fee of five
dollars ($5.00) for each single
property address site where the proposed work will be conducted
must be submitted with the application.
Each permit issued will be valid for a single property address
and only for the type of work indicated
by the applicant on the application form.
C. Persons
desiring to plant trees within the public street, alley or sidewalk
rights-of-way, or other public place,
must submit written application for a permit on forms provided
to the office of the director of
forestry. There is no permit fee, however, prior to issuance of
a permit, the director of forestry,
or designee, may inspect the planting site requested in the application
form.
D. The director
of forestry is authorized to request any information deemed necessary
to determine whether application
approval will be provided. Applicants will agree in writing to
hold harmless the city, its employees
and agents from any and all claims that may arise as a
result of the work performed for which a permit is issued.
E. All tree
work performed under permits issued must be in compliance with
section 12.16.070 of this chapter.
Permits will be effective for thirty (30) days from date of issuance.
The director of forestry shall assess
a penalty fee of twenty dollars ($20.00) per single property address
where work has been conducted without a required permit.
F. To assist
in preventing dangerous or hazardous conditions, during emergency
situations involving the need for
immediate cutting, pruning,
removal or other structural alterations of trees,
the director of forestry, or designee, may issue a permit without
prior written application being
submitted, and may waive permit fees.
1. For
emergency situations, persons conducting tree work within the
public rights-of-way or
upon public property must immediately report, but not later than
the next business day,
the action taken to the office of the director of forestry. Tree
work will be inspected and
formally documented by the director of forestry, or designee.
12.16.040 Responsibility
of property owners.
A. It is
the duty of the owner of property abutting any public street,
alley or sidewalk rights - of - way,
or other public place, to properly maintain and care for all trees,
shrubs, hedges or vines located
upon or affecting these areas. The director of forestry shall
have the authority to require such
property owners to provide proper maintenance, which includes,
but is not limited to, providing
a fourteen (14) foot clearance above street and alley surfaces
and an eight foot clearance above
sidewalks.
B. Property
owners will be provided with written notice by the office of the
director of forestry advising of
any maintenance work to be performed and a time frame in which
the work is to be completed.
C. An owner
of property abutting the public street, alley, or sidewalk rights-of-way,
or other public place, is not responsible
for the trimming of any trees, shrubs, hedges or vines necessary
to provide clear visibility of traffic-control devices or other
traffic control/regulatory signs.
It is the duty of the director of forestry to provide for any
trimming work necessary for these
situations.
12.16.050 Control
of disease or insect infestation of trees.
A. Upon the
discovery of any destructive or communicable disease or mortality
causing insect which endangers the
growth, health, life or well-being of trees, shrubs, hedges or
vines within the city, or which
is capable of causing an epidemic spread of communicable disease
or insect infestation, such
as Dutch elm disease or pine bark beetle, the director of forestry
will provide written notice to affected
property owners. Notice requiring removal will be provided
to owners of any property upon which such diseased or insect infected
tree, shrub, hedge, vine or wood
is situated.
1. Written
notice will contain a requirement that the property owner must
eradicate, remove or
otherwise control the condition within a time frame specified
in the notice.
2. Upon
removal of any or all of a tree, shrub, hedge, vine or wood determined
to be contagious
or diseased, persons must arrange for the contagious tree, or
shrub vegetation
or wood to be immediately disposed of in the city landfill pursuant
to proper disposal
instructions provided by forestry division staff.
a. Commercial
arborists and tree maintenance businesses must dispose of any
contagious
or diseased items in a specifically designated area within the
city landfill, under
the direction of the forestry division and the public works/sanitation
department.
12.16.060 Soil
excavation or trenching around the base of trees.
A. A site evaluation by the director
of forestry, or designee, is required prior to any soil excavation
or trenching work around the base of trees that may cut large
tree roots (greater than three inches
in diameter) within seven feet of the base of a tree located upon
the public rights-of-way that has
a trunk greater than twelve (12) inches in diameter.
B. In conducting the site evaluation, the director
of forestry, or designee, will:
1. Check the excavation or
trenching site and tree to determine any anticipated tree root
damage
and whether a potential structural safety threat may exist as
a result of the excavation
or trenching work.
2. Inform owners of property abutting
the proposed excavation or trenching work area of any required
tree maintenance.
C. In the event that emergency soil excavation or trenching
work must be performed during
non-business hours, the office of
the director of forestry must be contacted immediately, but not
later than the next business day, to make arrangements for a structural
safety evaluation of the tree.
12.16.070 Forestry
Division: Regulations and Specifications.
A. Regulations
and specifications known as the “Forestry Division: Regulations
and Specifications” are set
forth within the following subsections. The regulations and specifications
define required practices, procedures and treatments pertaining
to the city’s urban forestry
system and the services provided by the forestry division.
B. Definitions
and applicable terminology. The following definitions and applicable
terminology shall apply in the interpretation,
enforcement and relevant fee schedules described in sections
12.16.070 and 12.16.080 of this chapter:
“Bush
or shrub” means a woody (perennial) plant that never has
a single trunk and produces multiple
branches or shoots from or near the base of the plant.
“Callus”
means specialized wood growth by a tree or shrub around an area
of wounded bark. Continued
callus growth over time may enclose a wounded area. The wound
is then hidden from
view.
“Coniferous
or conifer” means cone bearing trees, including, but not
limited to the following: Pine
(Pinus sp.), spruce (Picea sp.), fir (Abies sp.),
larch (Larix sp.), and juniper (Juniperus sp.).
Most conifers are evergreen and retain low branches near the ground.
“Deciduous”
means trees, shrubs and vines that lose its leaves during the
dormant season.
“Emergency treatment
services” means to remedy a current condition of a tree,
shrub, hedge or vine that poses an immediate threat
to public safety.
“Evergreen” means
trees, shrubs and vines that retain its leaves throughout the
year.
“Hedge”
means a group of closely planted shrubs maintained as one landscape
unit or as a wall or
barrier.
“Lignin”
means the chief non-carbohydrate constituent of wood; a polymer
that functions as a
natural binder and support for the cellulose fibers of woody plants.
“Pollarding”
means a pruning technique performed on trees involving the pruning,
every year or two, of
limbs back to the same location on a main branch. A knob will
develop at that location
giving the tree a formal look in the summer and in winter a look
of branches with a "fist"
or knob at the end. The technique is common in Europe and is done
on trees early in the
growth stage. It is a very high maintenance technique requiring
pruning every year or two.
“Pruning”
means the process of cutting limbs, branches or twigs off trees
and shrubs using industry
standards for the selection and removal of the limb, branch or
twig.
“Public
rights-of-way” means the area of publicly-owned property
measured from property line
to property line across a street or alley. The width of the public
rights-of-way varies throughout
the city. The right-of-way distance includes the street
from curb to curb and usually
a buffer zone on either side of the street curb or street
edge, which may or may not be
equal on both sides of a street.
“Shearing”
means the use of electric or mechanical scissor-action shears
or a shearing knife
to cut limbs, branches, twigs or foliage in a uniform length giving
the tree, shrub or vine
a formal appearance. This method is frequently used on junipers
and hedges.
“Topping,
dehorning, lopping, stubbing, or hat-racking” are terms
describing the same improper pruning
technique used on trees, and means not cutting limbs back to another
branch of at least one-half
diameter in size.
“Tree”
means a woody (perennial) plant with one main stem, generally
capable of growing to a
height of more than twelve (12) feet and, in most cases, having
a distinct head (leaf crown).
“Tree
lawn” means area of landscape within the public rights-of-way
between the street curb and the
sidewalk.
“Trimming (generally)”means
the act of pruning or shearing.
“Vine”means
a plant that trails, clings or twines and requires support to
grow vertically.
“Wood”
means the tough fibrous supporting and water-conducting tissue
beneath the bark of trees and
shrubs, consisting largely of cellulose and lignin.
“Woody plant”
means the stems or trunks and limbs contain cellulose and lignin.
C. Planting
and maintenance of trees and plant growth affecting or located
upon public rights-of-way areas
by abutting properties:
1. Trees,
or any other plant growth, when permitted to grow along public
streets, alleys, sidewalks
or upon public rights-of-way will be kept and maintained in such
a manner as to
not endanger, interfere, or otherwise conflict with public safety.
2. The
city reserves the right to conduct or provide for emergency treatment
services of any trees
or plant growth within the public rights-of-way deemed necessary.
No responsibility
will be assumed by the city for any future maintenance on the
trees or plant
growth.
a. Any
cost affiliated with the necessity to provide emergency treatment
services on trees,
shrubs, or other plant growth affecting or located upon the public
rights-of-way may
be conveyed to the abutting property owner as determined by the
director of forestry.
D. Tree
care activities and operations affecting or located upon public
rights-of-way:
1. The
following regulations and specifications are further defined or
highlighted from ANSI A300
(Part 1-2001), or more recent revision date if applicable, the
American National Standard
for Tree Care Operations - Tree, Shrub and Other Woody Plant Maintenance
- Standard
Practices (copy on file with the forestry division):
a. No
tree will be cut back in such a manner that its health or eventual
safety will be impaired,
except in the process of tree removal or emergency relief due
to an immediate
danger to persons or property. Any such emergency procedures must
be reported
promptly to the director of forestry with plans for completion
or follow-up work
submitted for approval.
b. When
pruning cuts are made to a side limb, the remaining limb must
possess a basal
diameter of at least one-half of the diameter of the wound so
effected. Such cuts
will be considered proper only when the remaining limb is vigorous
enough to maintain
adequate foliage to produce woody growth capable of sealing the
pruning cut
within a reasonable period of time.
c. All
final pruning cuts will be made in such a manner as to favor the
earliest possible covering
of the wound by natural callus growth. Flush cuts, pruning cuts
into the branch
collar or cuts flush to the remaining limb or trunk will not be
made.
d. Tree
limbs will be removed and controlled in such a manner as to cause
no damage to
other parts of the tree or to other plants or property.
e. All
tools to be used for tree care that are known to contain an infectious
tree disease,
including, but not limited to, fire blight and Dutch elm disease,
will be disinfected
between cuts and before use on another tree.
f. Maples,
birches and walnut trees should be pruned when in leaf, except
where conditions
hazardous to the public or property are involved. If such trees
are pruned during
dormant periods, adjacent property owners will be informed of
sap bleeding potential
from pruning wounds.
g. All
cutting tools used in making tree pruning cuts will be adequately
sharp to result in
final cuts with a flat wood surface and secure bark remaining
adjacent to the cut.
h. Whenever
pruning cuts are to be made while removing limbs too large to
hold securely
in one hand during the cutting operation, the limbs will be pieced
down in manageable
sizes with the next to last piece cut off one to two feet beyond
the intended
final cut. The final cut must be made in a manner that prevents
unnecessary
tearing of the bark and wood on the remaining limb or trunk.
i. Any
cutting of tree roots, other than during the process of tree removal,
will consider the
future welfare and safety of the tree. If possible, a clean cut
of a root will be made at
the junction of another viable root (refer to section 12.16.060
of this chapter for further
requirements).
j. Topping,
dehorning, lopping, stubbing, or hat-racking trees is not allowed.
Heading back
pruning techniques may be allowed where required for utility line
clearance or with
prior inspection and written permission from the director of forestry.
k. Pollarding
is a recognized and allowed arboricultural technique, as defined
in ANSI A300-2001,
section 5.7.3. Pollarding. Pollarding is not synonymous with topping,
dehorning,
lopping, stubbing, or hat-racking.
E. Authorized
types of tree pruning affecting or located upon public rights-of-way
(refer to ANSI A300-2001,
or more recent revision date if applicable, for more detailed
explanations of pruning types
and techniques). The following pruning definitions are taken from
ANSI A300-2001, 5.6 Pruning
Types. “Pruning: The selective removal of plant parts to
meet specific goals and objections”
(city specifications are defined for each category):
1. “Clean:
Cleaning shall consist of selective pruning to remove one or more
of the following parts:
dead, diseased, and/or broken branches.”
a. Properly
remove all dead wood greater than or equal to one and one-half
inches in diameter.
b. Remove
all broken branches or any loose branches lodged in the tree.
c. Remove,
outside of branch collar, all dead and live stubs of previously
broken or poorly
cut limbs.
d. Remove
any live branches which interfere with the tree’s structural
strength and healthful
development, which includes the following:
i. Limbs
which rub and abrade a more important branch;
ii. Limbs
of weak structure which are not important to the framework of
the tree;
iii. Limbs
which, if allowed to grow, would wedge apart the junction of more
important branches;
iv. Limbs
with twigs and foliage obstructing the development of more important
branches;
v. Limbs
forming multiple leaders in a single leader type tree (young developing
trees
only);
vi. Branches
near the end of a limb which will produce more weight or offer
more resistance
to wind than the limb is likely to support;
vii.
Undesirable sucker and water sprout growth;
viii. Removal of branches
which project too far outward beyond an otherwise symmetrical
form;
ix. Remove
no more than twenty-five (25) percent of the live crown during
one growing season.
2. “Thin:
Thinning shall consist of selective pruning to reduce density
of live branches.”
a.
Removal of dead branches greater than or equal to one and one-half
inches in diameter.
b.
Removal of weak, broken, or detached limbs.
c. Emphasis
put on all tree limbs covered in subsection E. 1. d. above.
3. “Raise:
“Raising shall consist of selective pruning to provide vertical
clearance.”
a. Limbs,
branches, or twigs raised above the street and alley to provide
a clearance height
of fourteen (14) feet.
b. Limbs,
branches, or twigs raised above the sidewalk to provide a clearance
height of eight
feet.
c. Trunks
of trees will be kept free of sprout or sucker growth to a minimum
height of eight
feet above the ground level; exceptions are allowed for young
trees which would
be irreparably damaged by such pruning action.
d. Sucker
growth coming from the root area of trees will be pruned to ground
level.
4. “Reduce:
Reduction shall consist of selective pruning to decrease height
and/or spread. Consideration
should be given to the ability of a species to sustain this type
of pruning.
a. This
technique of tree pruning will only be applied when larger growing
trees endanger
overhead utility lines, or where excessive growth of trees interferes
with adjacent
structures, or otherwise creates a specific hazard to persons
or property.
b. Extended
perimeter branches will be properly cut at a branch union junction
with the remaining
branch having a basal diameter of at least one-half of the diameter
of the pruning
cut.
c. Reduction
by means of “heading back” pruning will not be done
if the health and future
structural integrity of the tree is weakened.
d. Tree
removal should be an option if a significant crown reduction is
necessary, or, pollarding
initiated in young trees by proper crown reduction or heading
back and maintained
in young trees.
5. “Restoration:
Shall consist of selective pruning to improve the structure, form
and appearance
of trees that have been severely headed, vandalized or damaged.
F. Tree spacing
and type of species to be planted within public rights-of-way.
1. At
intersecting streets, the corner property will maintain a sight
triangle for vehicle and pedestrian
traffic which is reasonably free of visibility obscuring vegetation
within the public
rights-of-way and upon private property (refer to section 17.116.180
of city code).
a. All
plantings of trees, shrubs or other woody vegetation that will
exceed thirty (30) inches
in height during their life span will be planted beyond the sight
triangle distances
as described in section 17.116.180 of city code.
b. Vegetation
that will not exceed thirty (30) inches in height during their
life span can be
planted and maintained within the sight triangle as described
in section 17.116.180
of city code.
c. Large
or overgrown vegetation in the sight triangle may require removal
if pruning or trimming
techniques are unable to create an acceptable level of visibility
and/or pruning
or trimming will cause an unsafe, unhealthy, or visibly unappealing
woody plant.
2. No
tree will be planted within the public rights-of-way closer than
five feet to the entrance of
any driveway.
3. No
woody vegetation will be planted within the public rights-of-way
resulting in eventual growth
that can not be reasonably controlled to avert interference with,
or obstruction to, any
improvements installed for public benefit, such as traffic control
signs and lights, street
signs, overhead utility lines, street lights, utility poles, sidewalk
surface, street and
curb surface, alley surface, etc.
4. No
woody vegetation, which will grow larger than thirty (30) inches
in height at maturity, will
be planted within the public rights-of-way closer than ten (10)
feet to the entrance of an
alley.
5. Woody
vegetation will not be planted within ten (10) feet of any fire
hydrant. Woody vegetation
planted beyond ten (10) feet from a fire hydrant must have branches
and foliage
maintained to at least ten (10) feet away from the hydrant.
6. Trees
planted under overhead utility lines must be of a species, which
at maximum growth
height, will not reach the lowest height of the overhead utility
lines.
a. Public
rights-of-way trees under overhead utility lines may require removal
if, after pruning
or trimming, the tree will be unsafe or unhealthy.
7. Minimum
planting space distances for trees within the public rights-of-way
will be as follows:
a. Spacing
distances between trees, in relation to other public rights-of-way
trees and adjacent
private property trees, will be at the discretion of the director
of forestry and as
defined in the tree planting permit.
i. The
projected mature size of a specific tree species will determine
the spacing distances
between other trees. A range for spacing distances can be as close
as fifteen
(15) feet apart and up to thirty-five (35) feet apart depending
on tree species.
b. On
streets where a space of less than four feet in width exists between
the curb and sidewalk
or the curb and the abutting private property lines, no trees
will be planted within
the affected public rights-of-way. Some tree exceptions can be
made upon approval
of the director of forestry.
c. Where
a combination of sidewalk, curb and gutter have been installed
and where the public
rights-of-way extend beyond the property side of the sidewalk,
no deciduous tree
plantings are allowed closer than two and one-half feet from the
back edge of the
sidewalk. Coniferous trees are not to be planted closer than seven
feet from the back
of the sidewalk.
8. Any
species in compliance with section 12.16.020 of this chapter may
be planted within the
rights-of-way. A recommended tree species guide for planting within
the public rights-of-way
is maintained by the director of forestry.
G. Activities and
operations involving commercial arborists, pesticide and insecticide
applicators, and tree maintenance
business licensees.
1. Safety
Requirements. Standards of safety required for tree removing and
tree pruning: Refer
to ANSI Z133.1-2000, or more recent revision date if applicable,
American National
Standard for Arboricultural Operations - Pruning, Repairing, Maintaining,
and Removing
Trees, and Cutting Brush - Safety Requirements. Publisher:
American National
Standards Institute, 11 West 42nd St., New York, NY.
2. Standard
practices required for tree trimming, pruning and removing: Refer
to ANSI A300-2001,
additional parts, or more recent revision date if applicable,
American National
Standard for Tree Care Operations - Tree, Shrub and Other Woody
Plant Maintenance
- Standard Practices. Publisher: American National Standards
Institute, 11 West
42nd St., New York, NY.
a. Refer
to subsection 12.16.070 D. of this chapter for standard practices
specific to Cheyenne.
3. Standard
practices of operations for tree care and maintenance, specifically
for Cheyenne:
a. Permitted
operations for performing work authorized on street trees neither
express
nor imply a right to violate any state law or city ordinance.
b.
All work will be conducted in a manner that provides the
least possible interference
with, or annoyance to, the public or adjacent property owners.
c. Inadequate
or improperly trained personnel will not be utilized for work
on trees beyond
an individual’s ability to perform the work properly and
safely.
d. A
qualified supervisor must be present at all times when work is
being performed.
e. Any
damage occurring to the street, curb, sidewalk, alley, or other
public property, from
any tree work must be promptly reported to the director of forestry.
f. Clean-up
of branches, logs or any other debris resulting from any tree
service activity or
operation must be promptly and properly accomplished. The work
area must be kept
safe at all times and at no time is the accumulation of brush,
limbs, logs or other
debris allowed upon public street rights-of-way that constitutes
a public safety hazard.
g. Any
use of tools or equipment in unsafe condition, or any application
of techniques or
methods deemed unsafe to life, limb or property, is prohibited.
h. Use
of climbing spurs or spike shoes in the act of pruning trees is
prohibited.
i. At
no time is it allowable to leave any severed or partially cut
limbs in a tree being worked
upon after workers leave the work site.
j. Pedestrian
and vehicular traffic will be allowed to pass through work areas
only under safe
conditions and with as little inconvenience and delay as possible.
k. Adequate
barricades and warning devices, as required by the city’s
traffic division, must
be placed where required with flaggers stationed as necessary
for the safety of pedestrians
and vehicles. Any street closure permits must be obtained from
the traffic
division prior to tree work activities.
l. At
least one worker must be present and responsible for coordinating
safe operating conditions
on the ground when tree work activities and operations are in
progress.
m.
Whenever larger tree sections are being cut in a tree top, which
may endanger the public
or property, the materials will be secured by ropes and lowered
safety in a controlled
manner.
n. Prior
to installing any cabling, bracing, or lightning protection materials
to a public right-of-way
tree, an inspection will be done by staff of the forestry division
and, if approved,
a permit will be issued. The temporary installation of staking
materials for permitted,
newly planted trees is approved without inspection. Affixing any
type of placard
or advertisement to trees is prohibited pursuant to city code
chapter 8.52.
o.
Whenever electric or telephone lines, gas lines, water lines,
or any other improvements,
public or private, is to be implicated or jeopardized by any tree
activity
or operation, the proper authorities of the respective utility
company and owners
of adjacent private property involved must be contacted prior
to performing the
work. All work must comply with any precautions or conditions
requested by utility
company representatives. Any person, including tree maintenance
business licensees,
performing any type of excavation work below existing soil grade
must first
obtain an underground utility locate prior to commencing work.
p. Any
public rights-of-way trees to be removed must have remaining stumps
removed to
at least eight inches below the normal ground level unless special
authorization by
the director of forestry is granted. All surface roots within
three feet of the tree trunk
will be removed to a depth of eight inches below the existing
ground surface. Any
person, including tree maintenance business licensees, performing
these services
must first obtain an underground utility locate prior to commencing
work.
q. Excavations
resulting from tree removals must be promptly filled, to normal
ground level,
with clean soil, free of debris, that is properly compacted.
r. Public
rights-of-way trees or utility, signage poles, etc. will not be
used as an anchor for
any winching purposes while removing trees, nor otherwise be used
for securing anchorage
or leverage for any purpose.
s.
When removing a tree, or performing ground work occurring
around a tree base, the act
of cutting tree roots and leaving the work site with a standing
tree having little or no
support of its roots is prohibited.
t.
Any American elm or any other large leafed elm determined
to have Dutch elm disease,
or any other tree suspected of being infested or infected with
a mortality causing
insect or disease, will be reported immediately to the director
of forestry. The tree
or shrub will be promptly removed and disposal of the contagious
wood must
be coordinated with the director of forestry. The stump must be
removed to a depth
below the ground surface of at least eight inches.
i. Under
no circumstances is the contagious wood to be stored within the
city.
4. Commercial applications of pesticides:
a. All
persons applying or supervising the application of pesticides,
commercially, must
obtain a Wyoming applicator certification and license, issued
through the state
of Wyoming department of agriculture, and comply with applicable
rules
and regulations in effect relative to the state license.
Section 12.16.080 Fee
schedule for city abatement services.
A. The
forestry division will assess basic costs and fees, including
an administrative fee, for any abatement
services that must be performed by city staff pursuant to authority
provided the director of forestry
set forth within this chapter.
B. Basic
costs and fees to be assessed are for:
1. Pruning
or removal of trees, shrubs or vines upon or affecting the safe
use of the
right-of- way on any public street, sidewalk, or alley.
2. Hazard
or height and width clearances or any visibility clearance required
for street and alley
intersections.
3. An
administrative fee to cover staff costs for site visits; recording
or monitoring of any violations;
notices to property owners; compliance follow-up; final notice
letter, which includes
estimated cost to correct any problem or concern; any follow-up
site visits, and any
subsequent billing procedures.
4. Included
in the basic cost will be a charge for time and materials for
code compliance and
emergency clean-up, including round-trip travel time and crew
set-up, disposal of tree
debris, and a prorated amount for equipment maintenance. Any traffic
control measures
requiring the hiring of traffic control specialists and/or renting
traffic control equipment
will be billed at cost.
C. The schedule
of minimum costs and fees to be assessed is as follows:
1. Code
Compliance. Level of response is based upon a two hour minimum
and includes the
administrative fee:
Staffing
level/services Costs/fees
(two hour minimum)
One person - small chainsaw or hand tools only;
$85; additional costs assessed in 1/4 hour
loading of debris into a truck by hand.
increments beyond two hours - $10.
-----------------------------------------------------------------------------------------------------------------------------------------
Two persons - chipper and dump truck;
$150; additional costs assessed
in 1/4 hour
chipping of all tree debris. increments
beyond two hours - $20.
-----------------------------------------------------------------------------------------------------------------------------------------
Two persons - chipper, dump truck and $310;
additional costs assessed in 1/4 hour
aerial bucket truck. increments
beyond two hours - $40.
-----------------------------------------------------------------------------------------------------------------------------------------Two
persons - aerial bucket truck and
$380; additional costs assessed in 1/4 hour grapple/dump
truck. increments
beyond two hours - $50
-----------------------------------------------------------------------------------------------------------------------------------------Three
persons - chipper, dump truck, $440;
additional costs assessed in 1/4 hour
aerial bucket truck and grapple/dump truck increments
beyond two hours - $55.
====================================================================
2. Emergency
clean-up of tree debris. Level of response is based upon a two
hour minimum and
includes the administrative fee:
Staffing level/services Costs/fees
(two hour minimum)
One person - small chainsaw or hand
tools only; $75;
additional costs assessed in 1/4 hour loading of debris into a
truck by hand with increments
beyond two hours - $10.
emergency personnel on site.
-----------------------------------------------------------------------------------------------------------------------------------------One
person - small chainsaw or hand tools and $155;
additional costs assessed in 1/4 hour grapple/dump truck with
emergency personnel increments
beyond two hours - $20.
on site.
-----------------------------------------------------------------------------------------------------------------------------------------Two
persons - chainsaw or hand tools and $200;
additional costs assessed in 1/4 hour grapple/dump truck. increments
beyond two hours - $25.
-----------------------------------------------------------------------------------------------------------------------------------------
12.16.090 Violation-penalty;
compliance.
A. Any person
who violates the provisions of this chapter will be deemed guilty
of a misdemeanor, punishable pursuant
to the general penalty provision of city code.
B. Persons
receiving written notice(s) issued by the director of forestry
as authorized by this chapter must
comply with the requested work contained within the notice(s)
by the time frame(s) specified.
Failure to do so will result in the director of forestry authorizing
any necessary work to be performed,
pursuant to the requirements set out in the written notice, with
costs for the work involved being assessed to the property owner.
If city staff is involved in providing
the necessary work, costs and administrative fees as listed in
section 12.16.080 of this chapter
shall apply.
1. Any
costs and fees assessed will be in addition to any penalty that
may be imposed pursuant
to section A above.
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