Chapter 12.25
TREES AND SHRUBS IMPACTING STREETS, TRAFFIC SIGNS
AND SIDEWALKS
Sections:
12.25.020 Permission to plant or remove trees or shrubs within public streets or rights-of-way.
12.25.050 Tree and shrub standards.
12.25.060 Property owner obligation.
12.25.070 Abuse or mutilation of trees.
12.25.010 Limited plantings.
It shall be unlawful (without first obtaining the written approval of the public works director (or their authorized designees)) to plant anywhere within the city of Fairview the following trees: willow, cottonwood or poplar. Planting of such trees shall be approved by the public works director if the proposed planting site is located such that the roots of said trees should not, in time, interfere with or damage a public sewer or underground utility line or the public right-of-way. (Ord. 7-2013 § 1 (Att. 1); Ord. 13-2006 § 1; Ord. 7-1983 § 3. Formerly 12.25.030)
12.25.020 Permission to plant or remove trees or shrubs within public streets or rights-of-way.
No tree(s) shall be planted within or removed from any public streets or rights-of-way within Fairview without permission of the city public works director and an approved tree planting or removal permit obtained. A city right-of-way permit shall also be obtained. (Ord. 7-2013 § 1 (Att. 1); Ord. 13-2006 § 1; Ord. 7-1983 § 1. Formerly 12.25.010)
12.25.030 Prohibited trees.
It shall be unlawful (without first obtaining the written approval of the public works director (or his/her authorized designee)) to plant in any public parking strip, street or right-of-way the following trees: poplar, willow, conifer, cottonwood, birch, ailanthus, fruit-bearing or nut-bearing trees (except ornamental species). (Ord. 7-2013 § 1 (Att. 1); Ord. 13-2006 § 1; Ord. 7-1983 § 2. Formerly 12.25.020)
12.25.040 Declared nuisance.
Any tree or shrub growing in any public property, on private property or in a planting strip located in a public right-of-way, which does or may endanger the security, maintenance or usefulness of any public street, sewer, sidewalk or public or private utility, is hereby declared to be a public nuisance and subject to abatement. The city’s Sidewalk Maintenance Handbook – Policy and Operating Guidelines will apply. Failure of the adjacent property owner to comply with the policy and guidelines will result in the application of Chapter 8.10 FMC to enforce the provisions of this chapter. (Ord. 7-2013 § 1 (Att. 1); Ord. 13-2006 § 1; Ord. 7-1983 § 4)
12.25.050 Tree and shrub standards.
Any tree or shrub located in the public right-of-way or any tree located on private property encroaching into the public right-of-way shall be trimmed, pruned, and maintained to the following standards:
A. Streets. Trees and shrubs shall be trimmed to provide a minimum clearance (free of branches) a distance of 10 feet as measured from the street adjacent to the curb. For streets without curbing, the measurement shall be made from the widest point of the street (i.e., edge of pavement or edge of gravel).
B. Sidewalks. Trees and shrubs shall be trimmed to provide a minimum clearance (free of branches) a distance of six and one-half feet as measured on all points on the sidewalk. For public areas without sidewalks, but used for pedestrian travel, measurement shall be made for all points in the assumed pedestrian way.
C. Alleys. Trees and shrubs shall be trimmed to provide a minimum clearance (free from branches) a distance of 10 feet as measured on all points of the public alley.
D. Stop Signs and Other Traffic Control Devices. Trees and shrubs shall be maintained to allow clear, unobstructed view of all traffic control signs.
E. Intersections. Standards shall include a sight triangle at intersections a minimum clearance of 25 feet in each direction of visibility along each property line. Trees and shrubs shall be trimmed to a maximum height of not more than 30 inches above the pavement. Low or overhanging branches must also be moved to provide visual clearance allowing drivers an unobstructed view of traffic. (Ord. 7-2013 § 1 (Att. 1); Ord. 13-2006 § 1)
12.25.060 Property owner obligation.
A. It is the obligation of the property owner to maintain trees and shrubs located on their property to the standards set forth in this chapter and as required in the Sidewalk Maintenance Handbook – Policy and Operating Guidelines at their expense.
B. It shall be the obligation of the property owner owning the property adjacent to the right-of-way, street, or public area to maintain the street trees and shrubs located therein to the standards set forth in this chapter and as required in the Sidewalk Maintenance Handbook – Policy and Operating Guidelines at their expense.
C. The city will notify affected property owners in writing for the need to trim or abate any tree(s) or shrub(s) not maintained in conformity with the terms of this chapter. Failure to comply with the city’s request to have the tree(s) or shrub(s) trimmed so as to not violate the requirements imposed may then be deemed a nuisance and be addressed consistent with Chapter 8.10 FMC. (Ord. 7-2013 § 1 (Att. 1); Ord. 13-2006 § 1; Ord. 7-1983 § 7. Formerly 12.25.070)
12.25.070 Abuse or mutilation of trees.
It shall be unlawful for any person, without prior written permission from the public works director, to remove, destroy, cut, break or injure any tree or shrub or to remove (except as provided consistent with this chapter) any tree or shrub planted or growing in or upon any street, right-of-way or public area or cause or authorize or procure any person to do so. Further, it shall be unlawful for any person to injure, misuse or remove any device set for the protection of any tree or shrub in or upon any street, public area or right-of-way. Trees or shrubs harmed in any manner shall be replaced by the adjacent property owner within 60 days of notification by the city. (Ord. 7-2013 § 1 (Att. 1); Ord. 13-2006 § 1; Ord. 7-1983 § 10. Formerly 12.25.100)