HomeMy WebLinkAbout2005-1-6912ORDINANCE NO. 2005-1-6912
AN ORDINANCE ABOLISHING AND RE-CREATING CHAPTER
118, VEGETATION, OF THE CODE OF ORDINANCES OF THE CITY OF
PADUCAH,KENTUCKY
BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION 1. That Chapter 118, Vegetation, of the Code of Ordinances of
the City of Paducah, Kentucky, is hereby abolished.
SECTION 2. That a new Chapter 118, Vegetation, of the Code of
Ordinances of the City of Paducah, Kentucky, is hereby enacted and shall read as
follows:
ARTICLE I. IN GENERAL.
SECTION 118-1— IN GENERAL
The purpose of this Chapter is to regulate and control planting of trees and
shrubbery; to encourageprotection of existing trees in the streets and public grounds
within the City, and to establish procedures and practices for fulfilling these purposes.
ARTICLE II. DIVISION I. GENERALLY
SEC.118-31. DEFINITIONS
The following words and phrases when used in this chapter shall, for the
purpose of this chapter, have the meanings respectively ascribed to them in this section:
(1) Street tree shall mean any tree within the public right-of-way.
(2) Large tree shall mean antree pecies that normally attains a full -
,grown height in excess of fifty (50) feet.
(3) Medium tree shall mean any tree species that normally attains a
full-grown height between twenty-six (26) and fifty (50) feet.
(4) Small tree shall mean any tree species that normally attains a full-
grown height of under twenty-six (26) feet.
(5) Person shall mean any person, corporation, partnership, company,.
contracting firm or other entity, including those employed under a
contract with the Citv of Paducah.
(6) Bole — The main stem of a tree structure also considered the trunk
of the tree 0 to where main branches begin to stem.
(7) Drip Line — the outermost edge of a tree's canopy. When depicted
in plan view, the drip line will appear as an irregular shaped circle
defining the canopy perimeter. (See Illustration #1)
Illustration #1
(8) DBH— Diameter at breast height: The total cross sectional
diameter in inches of a tree measured at a height of four and one-
half (4 %2) feet.
305
(9) Tree — Any upright woody plant with one main stem and a
minimum DBH of four (4) inches.
(10) Tree Protection Area (TPA) — The drip line or a lesser distance
provided it will not adversely effect the health of protected tree(s)
as determined by the Appointee.
(11) Planting Area — A pervious area within the right-of-way that lies
between the curb and sidewalk, curb and building, or curb and
other structures.
(12) Appointee — The individual or authorized agent ployed by the
City of Paducah and directed by the City Manager to be
responsible for carrying out the duties described in this ordinance
and for administration, implementation, and overseeingof f the
various duties.
(13) Right -of -Way — For purposes of this ordinance right-of-way shall
be defined as all improved publicly dedicated and maintained
facilities public utility and drainage easements. (See Illustration
Illustration #2
SEC.118-32. CITY DEPARTMENT JUSTIFICATION, DUTIES
AND AUTHORITY
(a) Appointee
(1) For the purpose of carr inng out the provisions of this Chapter, the
Appointee or his/her designee, shall have the jurisdiction,
authority, control supervision and direction over trees and shrubs
planted or growin in n or upon the public right-of-way, and on
public grounds within the city, and the planting, removal, care,
maintenance and protection thereof.
(2) The Appointee shall be responsible for formulating a master street
tree plan. The master street tree plan shall Mecify the priorities,
standards and species for tree planting within street rights-of-way
and other public sites in the City. Prior to its publication, the plan
shall be presented to the Tree Advisory Board for review and
recommendation to the City Commission. The City Commission
shall take final action upon the Tree Advisory Board's
recommendation. From and after the effective date of the master
street tree plan, or any amendment thereof, all planting shall
conform thereto. Tree planting, maintenance and removal is to be
in accordance with the master street tree plan. The plan shall
consider existing and future utility and environmental factors when
recommending a specific species for each of the streets and other
public sites in the City.
(3) The Appointee shall have the authority to review all requests for.
permits for any planting, removal and/or trimming or cutting of
trees in M public area. He/She shall also have the authority to
attach reasonable conditions to these permits and to grant or deny
ep rmits.
(b) Planning Department
(1) The Planning Director or his designee shall have the jurisdiction,
authority, control, supervision and direction over trees and shrubs
planted orowin in n or upon private property as set out in
b
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SEC.118-32. CITY DEPARTMENT JUSTIFICATION, DUTIES
AND AUTHORITY
(a) Appointee
(1) For the purpose of carr inng out the provisions of this Chapter, the
Appointee or his/her designee, shall have the jurisdiction,
authority, control supervision and direction over trees and shrubs
planted or growin in n or upon the public right-of-way, and on
public grounds within the city, and the planting, removal, care,
maintenance and protection thereof.
(2) The Appointee shall be responsible for formulating a master street
tree plan. The master street tree plan shall Mecify the priorities,
standards and species for tree planting within street rights-of-way
and other public sites in the City. Prior to its publication, the plan
shall be presented to the Tree Advisory Board for review and
recommendation to the City Commission. The City Commission
shall take final action upon the Tree Advisory Board's
recommendation. From and after the effective date of the master
street tree plan, or any amendment thereof, all planting shall
conform thereto. Tree planting, maintenance and removal is to be
in accordance with the master street tree plan. The plan shall
consider existing and future utility and environmental factors when
recommending a specific species for each of the streets and other
public sites in the City.
(3) The Appointee shall have the authority to review all requests for.
permits for any planting, removal and/or trimming or cutting of
trees in M public area. He/She shall also have the authority to
attach reasonable conditions to these permits and to grant or deny
ep rmits.
(b) Planning Department
(1) The Planning Director or his designee shall have the jurisdiction,
authority, control, supervision and direction over trees and shrubs
planted orowin in n or upon private property as set out in
b
307
Chapter 126-83 of the Paducah Zoning Regulations. In addition
he/she shall have the authority over planting removal care
maintenance, protection and preservation of trees in accordance
with Chapter 126-83.
SEC.118-33. TREE ADVISORY BOARD
A Tree Advisory Board appointed by the City Commission consisting of
nine(9) members, shall be established. All members shall be appointed by the Mayor and
approved by the Board of Commissioners. The Tree Advisory Board shall consist of three
(3) concerned and interested citizens of the City of Paducah Kentucky. One (1)member
shall be a Landscape Architect or actively engaged in Horticulture or experienced in a
tree related field. The City of Paducah Public Works Director Parks Services Director
City Engineer, Planning Director, and a Utility Co=any Representative shall be
permanent members of the Tree Advisory Board. A chairman will be appointed by these
members. The terms of the Tree Advisory Board members excepting the City of
Paducah Public Works Director Parks Services Director City Engineer Planning
Director, and the Utilit�Rgpresentative, shall be four (4) years staggered.
The duties of the Tree Advisory Board shall be as follows:
(1) To hear all appeals from denials of applications forep rmits
required by this chapter.
(2) Adopt rules for the conduct of such hearings which rules shall
uniformly apply to all such appeals.
(3) Follow the hearing of such appeal to cause its decision to be
reduced to writing.
(4) To advise appropriate municipal agencies on matters of care
preservation, planting, removal, replacement or disposition of trees
in parks, along streets and in public areas as needed.
(5) To promote urban forestry.
(6) Review and recommend as necessary the Master Street Tree Plan
prepared and submitted b the Appointee.
In the event a vacancy shall occur during the term of anygp op inted
member, a successor shall be appointed for the un -expired portion of the term All
members of the Tree Advisory Board shall serve without pay. The Tree Advisory Board
shall establish the board's rules, regulations and procedures and arrange for the holding
of meetings on a regular basis, with not less than four (4) meetings per calendar year.
SEC.118-34. SUGGESTED TREE SPECIES
Trees with characteristics which make them acceptable for use in public
right-of-wav and which are recommended for street trees are those listed in the Master
Street Tree Plan.
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SEC.118-35. UNDESIRABLE TREE SPECIES
Some trees have characteristics, which_make them unacceptable for use in
public rights-of-way and are not recommended for street trees See specific information
in the Master Street Tree Plan.
SEC.118-36. TREE PLANTING
Any person may plant a tree within the public right-of-way immediately
adjacent to his property upon obtaining a permit from the APDointee.
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The hermit shall be granted providing the following conditions are met:
(1) The tree to be planted is not an undesirable tree species, as
provided in section 118-35 of this chapter.
(2) The tree species is not a large tree_
(3) The spacing between street trees is sufficient so as not to create a
site obstruction).
(4) The minimum width of the planting area is six (6) feet for small
trees Medium trees may be planted in the right-of-way only when
the planting area between the curb and sidewalk is eight (8) feet or
(5) The tree location shall be such that all regulatory and warning
signs are not obscured and will remain clearly visible through out
the maturing of the tree.
(6) Only a small tree may be planted within twenty (20) lateral feet of
overhead utility wires The property owner shall maintain the tree
after the tree is planted.
(7) The minimum distance between the tree and the edge of the street
(curb line) is six (6) feet for all street trees.
The Appointee City Engineer or the Public Works Director may waive
M of the conditions in granting a permit where such action would promote the
preservation of the health integrity or appearance of an area's tree population. The
Appointee City Engineer or the Public Works Director shall check proposed planting
sites for compliance with requirements relating to utilities obstructions and potential
interference with future construction.
When requesting approval to locate a street tree the appointee may require
a tree -planting plan showing location of utilities planting location & public
improvements.
The Appointee may deny a permit although all conditions have been met,
but only for just cause based on circumstances unique to the property affected which
would create a threat to public welfare and/or safety if the proposed planting were
permitted.
The decision of the Appointee shall be made within fourteen (14 days
after an application is filed
SEC.118-37. TREE REMOVAL
No person may remove a tree larger than three (3) inches in diameter,
measured at the Breast Height (DBH) on the public right-of-way without obtaining a
permit from the Appointee.
The Appointee ma i�permits for the removal of live trees only
special circumstances. Instances where a permit for the removal of a live tree may be
issued include, but are not limited to, the following:
(1) The tree is a threat to public safety;
(2) The tree is a threat to the health of other trees in the community; or
(3) The tree is to be replaced by a more desirable tree.
(4) The permit shall beagr nted provided the tree to be removed is
dead or dying.
If the Appointee determines that diseased or insect infested trees pose a
health threat to neighboring trees, such trees shall be removed in a timely manner.
LM
309
Standards for tree removal include:
(a)
The entire tree including the stump is removed were possible and
practical.
(b)
The area is refilled to ground level with soil, so as to prevent the
creation of a hole.
(c)
The area is re -seeded or planted in other appropriate manner.
(d)
There is no damage done to any property belonging to the City or
third party
(e)
The entire removal may be done without danger or inconvenience
to the public.
(f)
If possible and approved or directed, a replacement tree of
appropriate species is planted.
SEC.118-38. TREE MAINTENANCE, PUBLIC RIGHTS-OF-WAY
Adjoining pro eegy owners shall provide reasonable care and maintenance
to street trees within the pubic right-of-way
It shall be unlawful for the owner or occupant of any building or lot to
permit any tree including street trees to grow in a manner, which interferes with public
safety in the public rights-of-way due to obstruction of view, obstruction of passage or in
M other manner.
The minimum clearance of any overhanging portion thereof shall be ten
(10) feet over sidewalks and sixteen (16) feet over all streets.
SEC.118-39. TREE TOPPING
It shall be unlawful as a normal practice for any person to top any tree
within the public right-of-way. "Topping" is defined as the severe cutting back of limbs
to stubs larger than three 3 inches in diameter within the tree's crown to such c a doh
so as to remove the normal canopy and disfigure the tree. Trees severely damaged by
storms or other causes, or trees under utility wires or other obstruction where other
pruning_ practices are impossible, are hereby exempted from this section.
SEC.118-40. TRIMMING, PRUNING, PLANTING AND REMOVAL
OF TREES ON PUBLIC PROPERTY; PERMIT REOUIRED
(a) No Person shall remove, destroy, cut, severely prune (including the
roots stem) or otherwise treat any tree having its trunk in or upon
any public property or contract with another person to perform
such acts without first obtaining a written permit from the
Appointee and without complying strictly with the provisions of
the permit and provisions of this Chapter.
(b) Public and private utilities shall submit written specifications for
pruning to the City for gpproval. Upon approval of its
specifications, a utility shall not be required to obtain a permit for
pruning operations affecting trees having their trunks onup blic
property so long as such work is done in strict accordance with the
ap rp oved specifications. Requests for the removal of trees shall be
handled on an individual permit basis. Failure to comply with the
approved specifications is a violation of this ordinance.
Specifications shall be reviewed at a minimum of every two (2)
years by the Appointee and the Tree Advisory Board for necessary
improvements as required by modifications in this ordinance.
(c) The permittee shall be solely responsible for and severally. liable
for any penalties or other enforcement action imposed pursuant to
this Chapter or other provisions of law on account of work
performed in violation of this ordinance.
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SEC 118-41. TREES, SHRUBS, ETC., ADJACENT TO PUBLIC
PROPERTY TO BE KEPT TRIMMED; RESPONSIBILITY OF OWNER
(a) Trees vines bushes shrubbery or flowers standingin n or upon any
lot or land adjacent to any public street or public place and having
branches limbs trunks or other parts projecting into the public
street or place shall be kept trimmed by the owner or occupant of
the property on which such vines trees bushes, shrubbery or
flowers are growing so as not to interfere with the free and safe
passage along the public way by pedestrians and vehicular traffic,
or obstruct the view of any street intersection, commercial
entrances and regulatory or warnin signs.
igns.
(b) If the owner of such property does not keep this growth from
projecting into or on public ground the Appointee shall have the
authority to order its removal. The order shall be in writing to the
owner responsible for such growth and shall be acted upon within
thirty (30) days In the event the owner has not responded or acted
to remove the projecting growth from such vines trees, bushes,
shrubbery or flowers then the City shall have the authority to enter
Won the propertyto perform the work necessary to correct the
condition and to bill the owner for the actual costs incurred. In
situations deemed necessary to the public health safety, or welfare
the City may act without prior notification to the property owner.
(c) Adjacent property owners that have growth projecting from the
public right-of-way into or on private property request
removal by the City. This request shall be in writing to the
Appointee at which time the Appointee will evaluate said request
and determine the best course of action.
SEC.118-42. INJURING TREES OR SHRUBBERY ON PUBLIC
PLACES
(a) It shall be unlawful for anyperson except with written permit, to
place or maintain upon the ground in any public right-of-way or
public place any compacted stone cement or other impervious
matter or substance in such a manner as may obstruct the free
access of air and water to the roots of any tree or shrub in any such
street or place This provision shall not apply to the paving,
repairing or altering of the public streets, sidewalks and other
public places by the City.
(b) No unauthorized person shall perform or contract with another
person to perform construction work (includingthe he operation or
storage of equipment or materials) within the drip line of any tree
or shrub having its trunk on any public right-of-way or public
property without first obtaining a permit from the Appointee and
complying with the requirements which may include erecting
protective barricades or enclosures at designated locations. Utility
companies working within the right-of-way shall be exempt from
this section.
(c) No unauthorized person shall intentionally damage, cut, poison,
carve or transplant any street tree without a permit as required by
section 118-40 of this chapter; nor shall any unauthorized person
attach any rope wire nails advertising posters or other contrivance
to any street tree; allow any petroleum based liquid, herbicide or
solid substance which is harmful to trees to come in contact with
them,• or set fire or permit any fire to burn when such fire or the
heat thereof will injure any portion of any tree.
311
ARTICLE II. DIVISION II. ADMINISTRATION AND
ENFORCEMENT
SECTION 118-60 - MODIFICATION, INSPECTION,
ENFORCEMENT, AND APPEAL
In the case of emergencies such as windstorms ice storms fire or other
disasters, the requirements of this Chapter may be waived by the City during the
emergency period so that the requirements of this Chapter will in no way hamper private
or public work to restore order in the City. This shall not be inte reted to be a general
p v �
waiver of the intent of this Chapter.
Nothing contained in this chapter is intended to infringe on the authority
of the City Engineer or the Public Works Director to remove trees from the right-of-way
of any publicly dedicated road when the trees become a hazard to the traveling public
public utilities, and/or vital infrastructure.
SECTION 118-61— NOTICE AND APPEAL
(a) In the event any party is dissatisfied with a decision of the
Appointee adversely affecting such party in the application
modification, or enforcement of this Chapter, such party may
request a hearing within ten (10) working days of the receipt of
such decision. The request must be in writing and directed to the
Chairman of the Tree Advisory Board who may appoint a three-
member board selected from the appointed members of the Tree
Advisory Board to act as an appeal board and shall hear the request
of the party concerned.
✓ The Tree AdvisoryBoard or its designated grated appeal board may rant a
variance from the requirements of this ordinance upon a findingthat:
hat•
(1) Practical difficulties or unnecessary hardship would result if the
strict letter of the law were followed: and
(2) The variance is in accordance with the general purpose and intent
of the ordinance.
(b) After a full and complete hearing held within thirty (30) aof
receipt of the request, the appeal board or the Tree AdvisoryBoard
shall render a written ruling within five (5) working days either
affirming, overruling or modi ing the decision of the Appointee
as may be fit and proper under the existing circumstances
(c) The Circuit Court has jurisdiction to determine all questions and
issues properly brought before it on appeal from the decisions of
the Appointee, or Tree Advisory Board.
SECTION 118-63 — PENALTIES
-� Any unauthorized person who violates any provision of this Chapter, upon
T
being found guilty of violation, shall be guilly of a misdemeanor and shall be subject to a
fine not to exceed two hundred dollars ($200.00) for each separate offense Each day
during which any violation of the provisions of this Chapter shall occur or continue shall
be a separate offense. If, as the result of the violation of any provision of this Chapter or
by fault in accident or vandalism, the injury mutilation or death of a tree is caused the
cost of repair or replacement of such tree shall be borne by the party in violation or fault
The replacement value of trees shall be determined in accordance with the latest revision
312
of A Guide to the Professional Evaluation of Landscape Trees Specimen Shrubs and
Evergreens as published by the International Society of Arboriculture.
SECTION 118-64 — SEVERABILITY
If any section or sections of this Chapter is / are held to be invalid or
unenforceable all other sections shall nevertheless continue in full force or effect.
SECTION 118-65 — APPLICABILITY
This Chapter provides full power and authority ver public trees, and to all
trees shrubs vines and including ornamental plants located on private property that
constitute a hazard or threat as described herein.
SECTION 118-66 — INTERFERENCE WITH CITY
It shall be unlawful for any person to prevent delay, or interfere with the
City or an of f its agents while engaging in and about the planting cultivating, mulching,
pruning Mrayingor removing of M public tree as authorized in this Chapter.
SECTION 3. If any section, paragraph or provision of this ordinance shall
be found to be in operative, ineffective or invalid for any cause, the deficiency or
invalidity of such section, paragraph or provision shall not affect any other section,
paragraph or provision hereof, it being the purpose and intent of this ordinance to make
each and every section, paragraph and provision hereof separable from all other sections,
paragraphs and provisions.
SECTION 4. This ordinance shall be read on two separate days and will
become effective upon summary publication pursuant to KRS Chapter 424.
A
Mayor
ATTEST:
Tammara S. Brock, City Clerk
Introduced by the Board of Commissioners November 23, 2004
Adopted by the Board of Commissioners January 11, 2005
Recorded by Tammara S. Brock, City Clerk January 11, 2005
Published by The Paducah Sun, January 18, 2005
\ord\118-tree
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