Chapter 12.35
STREET TREES
Sections:
12.35.020 Street tree species to be planted.
12.35.040 Distance from curb and sidewalk.
12.35.050 Distance from street corners and fire plugs.
12.35.090 Pruning, corner clearance.
12.35.100 Dead or diseased tree removal on private property.
12.35.120 Interference with city tree board.
12.35.130 Arborists license and bond.
12.35.140 Review by city officials.
12.35.010 Definitions.
“Park trees” are herein defined as trees, shrubs, bushes, and all other woody vegetation in public parks having individual names, and all areas owned by Naples City, or to which the public has free access as a park.
“Street trees” are herein defined as trees, shrubs, bushes, and all other woody vegetation on land lying between property lines on either side of all streets, avenues, or ways within Naples City.
“Tree topping” is herein defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree. [Ord. 91-55 § 1, 1991.]
12.35.020 Street tree species to be planted.
The list attached to the ordinance codified in this chapter constitutes the official street trees species and spacing for Naples City, state of Utah. No species other than those included in this list may be planted or replanted as street trees without written permission of the city tree board. [Ord. 91-55 § 7, 1991.]
12.35.030 Spacing.
The spacing of the street trees will be in accordance with the three species size classes listed in NCC 12.35.020; no trees may be planted closer together than the following: small trees, 30 feet; medium trees, 40 feet; large trees, 50 feet, except in special plantings designed or approved by the tree board. [Ord. 91-55 § 8, 1991.]
12.35.040 Distance from curb and sidewalk.
The distance trees may be planted from curbs or curb lines and sidewalks or sidewalk line will be in accordance with three species size classes listed in NCC 12.35.020, and no trees may be planted closer to any curb or curb line or sidewalk or sidewalk line than the following: small trees, seven feet; medium trees, eight feet; and large trees, nine feet. [Ord. 91-55 § 9, 1991.]
12.35.050 Distance from street corners and fire plugs.
No street tree shall be planted closer than 50 feet of any street corner, measured from the point of nearest intersecting curbs or curb lines, sidewalks, or sidewalk line. No street tree shall be planted closer than 15 feet of any fire plug or fire hydrant. [Ord. 91-55 § 10, 1991.]
12.35.060 Utilities.
No street trees other than those species listed as small trees in NCC 12.35.020 may be planted under or within 20 feet of any overhead utility wire, or over or within 10 lateral feet of any underground water line, sewer line, transmission line or other utility. [Ord. 91-55 § 11, 1991.]
12.35.070 Public tree care.
The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the easement of all streets, alleys, avenues, lanes, squares, and public grounds as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds.
The city tree board may remove or cause or order to be removed any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements or is affected with any injurious fungus, insect or other pests. This section does not prohibit the planting of street trees by adjacent property owners, providing that the selection and location of said trees is in accordance with NCC 12.35.020 through 12.35.060. All maintenance of said trees, pruning, removal or disposition of, water of, etc., shall be the responsibility of the property owner. [Ord. 91-55 § 12, 1991.]
12.35.080 Tree topping.
It shall be unlawful as normal practice for any person, firm, or city department to top any street tree, park tree, or other tree on public property. Trees severely damaged by storms or other causes or certain trees under utility wires or other obstructions where other pruning practices are impractical shall be exempted from this chapter. [Ord. 91-55 § 13, 1991.]
12.35.090 Pruning, corner clearance.
Every owner of any tree overhanging any street or right-of-way within the city shall prune the branches, so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space 10 feet above the surface of the sidewalk, sidewalk line, or street. Said owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs, which constitute a menace to the safety of the public. [Ord. 91-55 § 14, 1991.]
12.35.100 Dead or diseased tree removal on private property.
The city shall have the right to cause the removal of any dead or diseased trees on private property within the city, when such trees constitute a hazard to life and property, or harbor insects or disease which constitute a potential threat to other trees within the city. The city tree board will notify in writing the owners of such trees. Removal shall be done by said owners at their own expense within 60 days after the date of service of notice. In the event of failure of owners to comply with such provisions, the city shall have the authority to remove such trees and charge the cost of removal on the owner’s property tax. [Ord. 91-55 § 15, 1991.]
12.35.110 Removal of stumps.
All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground. [Ord. 91-55 § 16, 1991.]
12.35.120 Interference with city tree board.
It shall be unlawful for any person to prevent, delay or interfere with the city tree board, or any of its agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying, or removing of any street tree, park tree, or trees on private grounds as authorized in this chapter. [Ord. 91-55 § 17, 1991.]
12.35.130 Arborists license and bond.
It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating, or removing street or park trees within the city, without first applying for and procuring a license. The license fee shall be $40.00 plus $3.00 per full-time employee annually in advance; provided, however, that no license shall be required of any public service company or city employee doing such work in the pursuit of their public service endeavors. Before any license shall be issued, each applicant shall first file evidence of possession of liability insurance in the minimum amounts of $50,000 for bodily injury and $100,000 property damage indemnifying the city or any person injured or damaged resulting from the pursuit of such endeavors as herein described. [Ord. 91-55 § 18, 1991.]
12.35.140 Review by city officials.
The city council and mayor shall have the right to review the conduct, acts and decisions of the city tree board. Any person may appeal from any ruling or order of the city tree board to the Naples City council and mayor, who may hear the matter and make final decision. [Ord. 91-55 § 19, 1991.]
12.35.150 Penalty.
Any person violating any provision of this chapter shall be upon conviction or plea of guilty subject to a fine not to exceed $299.00. [Ord. 91-55 § 20, 1991.]