The Governing Body of the city recognizes the importance of the urban forest to the quality of life in the city. The Governing Body declare it to be a policy of the city that city property be landscaped to enhance the natural beauty of the city; that the street environment be made hospitable through landscaping; and that residents of the city be encouraged to participate in beautification efforts through installing and maintaining quality landscaping on private property.
(Ord. 1877, Sec. 2; Code 2010)
The following terms shall have the meanings respectively ascribed to them in this section, unless the context clearly requires otherwise:
(a) Community Forest - means all park trees, private trees and street trees as a total resource.
(b) Diseased Tree - means a tree that by reason of injury or disease constitutes a hazard to life and property, or harbors insects or disease which represent a threat to other trees within the city.
(c) Landscaping - means to change the natural features of a plot of ground so as to make it more attractive, as by adding lawns, frees, bushes, earthen works, rocks, boulders, other natural materials and lighting.
(d) Landscaping Plan - means a plan designed by a landscape architect describing the changes and additions that are proposed to change the natural features of a plot of ground.
(e) Park Trees - means trees, shrubs, bushes and all other woody vegetation in public parks having individual names, and all, other areas owned by, or under the control of, the city.
(f) Parking - means that portion of street right-of-way lying between the back of the curb or the edge of the traveled way, and the adjacent private property line on the same side of the street.
(g) Private Trees - means trees, shrubs, bushes and all other woody vegetation located on private property.
(h) Sight Triangle - means a triangle area at a street intersection in which nothing shall be erected, placed, planted or allowed to grow in such a manner as to impede driver vision between a height of 2 1/2 feet to 8 feet above the grades of the outside edge of the street surface of the intersecting streets, measured from the point of intersection of the property lines 30 feet in both directions along the streets.
(i) Street Trees - mean trees, shrubs, bushes, and all other woody vegetation on land lying between the property lines on either side of all arterial and collector streets within the city.
(j) Top - means to cut back limbs to stubs larger than three inches in diameter within the trees crown, to such a degree as to remove the normal canopy and disfigure the tree.
(Ord. 1877, Sec. 2; Code 2010)
A list of preferred and recommended street trees species, which shall consist of small, medium and large trees, shall be established from time to time by the Park Department, and a copy of the current list shall be maintained in the Inspection Department and the Butler County Extension Office. Copies of the list shall be provided without charge to persons requesting the same.
(Ord. 1877, Sec. 2; Code 2010)
The Park Superintendent, Inspection Department, or other duly authorized agent of the city may inspect the work along arterial and collector streets to determine that the work is accomplished according to the approved landscaping plan.
(Ord. 1877, Sec. 2; Code 2010)
It is unlawful for any person to prevent, delay or interfere with the city or any of its representatives or agents while engaged in planting, cultivating, mulching, pruning, spraying or removing any tree within the community forest, or performing any other duties or responsibilities prescribed by this chapter.
(Ord. 1877, Sec. 2; Code 2010)
(a) The city may, in its discretion, plant, prune, maintain and remove trees, plants and shrubs within all rights-of-way, public easements, streets, alleys, lanes squares and public grounds, as may be necessary to insure the public safety or to preserve or enhance the beauty of such public grounds.
(b) The city may remove 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 seriously affected by insects or disease.
(Ord. 1877, Sec. 2; Code 2010)
It shall be unlawful for any person to attach wire, rope, chain, sign or any other material to any tree on any public street, alley or public property; except when used as a preservation practice. The Inspection Department may exempt certain trees on any street, alley or public property from protection and have them removed when in the way of public improvements.
(Ord. 1877, Sec. 2; Code 2010)
It shall be lawful for public and private utility companies owning transmission lines in the City to cut or trim trees or other growths in the parking, public ways, utility or drainage easements of the City which shall interfere with the transmission lines or utility meters. The public or private utility shall first notify the owner or occupant of the abutting property either verbally or in writing before work is commenced.
(Ord. 1877, Sec. 2; Code 2010)
It is unlawful for any person, to top any street tree, park tree, or other tree on public property; provided, that trees severely damaged by storms or other causes, and trees under utility wires or other obstructions where other pruning practices are impractical, may be topped when authorized by the City of Augusta.
(Ord. 1877, Sec. 2; Code 2010)
Whenever the City or a State or Federal authority finds that tree(s) located upon private property within the City are infected or infested with or harbors any tree or plant disease or insect pest or larvae, the uncontrolled presence of which may constitute a hazard to or result in the damage or destruction of other trees in the community, the property owner shall treat or remove any such designated tree within a time specified by written notice of the City. The property owner shall treat said tree within 10 days after notification or remove the same within 15 days after notification.
(Ord. 1877, Sec. 2; Code 2010)
Property owners shall be responsible for the removal of any dead tree posing a hazard to any structure, fence, utility, street or alley, or pose a danger as an attractive nuisance to children. Said tree shall be removed within 15 days after notification.
(Ord. 1877, Sec. 2; Code 2010)
Upon written approval of the City of Augusta, private property owners may elect to remove the upper portion of any tree and reserve the bottom of the free including the trunk to be made into a tree sculpture. The tree sculpture must be commenced within thirty days and completed within sixty days after the upper tree has been removed. Any tree sculpture, which becomes damaged, infected or infested must be removed according to the provisions of this article. Tree sculptures shall only apply to trees located on private property. No tree located in the street parking shall be made into a tree sculpture and shall be removed in its entirety.
(Ord. 1877, Sec. 2; Code 2010)
If any tree, shrubbery or hedge in the parking is cut down, it shall be the duty of the person or persons doing such work to take out the entire tree, shrubbery or hedge, including the trunk and stump and to remove the debris from the parking and property and to fill the hole(s) lift by the removal of the stump(s) with dirt in such a manner that no hole shall be left in the parking.
(Ord. 1877, Sec. 2; Code 2010)
No owner of property abutting upon any Residential Street, Alley, Utility or Drainage Easements shall plant any free, shrubbery or hedge nor construct any landscaping in the street parking, alley or utility and drainage easements. No owner or occupant in the city shall replant any tree, shrubbery or hedge currently existing on any street parking, alley or utility and drainage easements which is removed for any reason. No owner or occupant in the city shall plant, grow, care for, keep or cultivate any mulberry or thorny locust frees.
(Ord. 1877, Sec. 2; Code 2010)
The following requirements shall guide the planting of street trees in the parking of all arterial and collector streets, and private trees located adjacent to the street parking:
(a) Arterial and Collector street requirements.
(1) The developer or homeowners association located along an arterial and collector street must provide liability insurance in the amount of $300,000. The insurance policy shall add the City of Augusta as an additional insured as its interests may appear pertaining to the planting of street trees. The liability, insurance, policy must be maintained for the life of the street landscaping and tree planting. The City reserves the right upon failure of the developer or homeowners association to maintain the liability insurance, to have all landscaping and tree planting removed from the street parking at the expense of the developer or homeowner’s association.
(2) The developer or homeowner’s association shall have prepared a landscaping plan to include the location and species of trees to be planted in the street parking. Said plan shall be prepared by a licensed landscape architect.
(3) The landscaping plan and liability insurance policy shall be presented to the Inspection Department for approval prior to planting.
(4) All tree planting shall be accomplished by a professional landscaping company or an individual or company with sufficient equipment and knowledge to accomplish the work under the supervision of the City park supervisor.
(5) The City park supervisor shall report all progress on the project to the Inspection Department.
(6) The developer or homeowners association shall be responsible for the maintenance and upkeep of all landscaping and urban forestry located in the street parking on arterial and collector streets which have been approved by the City. The City reserves the right upon failure of the developer or homeowners association to maintain the landscaping and urban forestry, to have all landscaping and urban forestry removed from the street parking at the expense of the developer or homeowners association.
(b) Spacing and location of street trees.
(1) Street trees shall not be planted in the sight triangle as defined by this article.
(2) Street trees may be planted no closer together than 30 feet between small trees; 40 feet between medium trees; and 50 feet between large trees. Exceptions can be granted by the Inspection Department.
(3) Street trees may be planted in the parking where there is more than 6 feet between the edge of the sidewalk and the curb of the street. Street trees shall be planted no closer than 3 feet from a sidewalk or a street. Exceptions can be granted by the Inspection Department.
(4) No street tree shall be planted closer than 10 feet from any fire hydrant.
(5) No street tree shall be planted closer than 35 feet from any streetlight.
(Ord. 1877, Sec. 2; Code 2010)
Maintenance of adequate clearance over streets and walkways shall be the responsibility of the abutting property owner. A clearance of 8 feet must be maintained over walkways and sidewalks. A clearance of 14 feet must be maintained over streets, alleys and public ways subject to truck traffic.
(Ord. 1877, Sec. 2; Code 2010)
No street trees other than those species listed as small trees may be planted under or within 10 feet of any overhead utility wire, or over or within 5 feet of any overhead utility wire, or over or within 5 feet of any underground municipal water line, sewer line, transmission line or other public utility. The City shall have the right to prune any tree or shrub on private property when it obstructs the view of drivers to observe traffic, traffic control devices, or signs.
(Ord. 1877, Sec. 2; Code 2010)
The owner of property abutting upon any street, alley, utility or drainage easements shall have such title in and property in growing trees, shrubbery and hedges upon his/her own property, and upon existing frees, shrubbery and hedges currently growing upon the parking situated in front of such real estate between the curb line and the property line. An abutting property owner shall have the right to perform normal tree care on street trees in conformity with this chapter and any other applicable regulations. The abutting property owner shall also have the right to maintain existing landscaping upon the parking. No new landscaping shall be permitted to be installed in the street parking, alley, utility or drainage easement.
(Ord. 1877, Sec. 2; Code 2010)
It shall be the duty of every property owner of lots abutting upon any sidewalk or public way of the city, or adjacent to the street parking, alley, utility or drainage easement to plant, care for, grow, keep or cultivate any trees, shrubbery or hedge on such adjoining property or upon the parking abutting upon or adjacent thereto in violation of this article.
It is hereby made the duty of the owner or occupant of any premises abutting on any street, avenue or alley in the city to cut, trim or remove, in accordance with the provisions of this article, all trees and shrubbery growing in the city and existing landscaping, which may constitute any hazard or any sight obstruction to any vehicular or pedestrian traffic upon the streets and sidewalks.
(Ord. 1877, Sec. 2; Code 2010)
Notice to cut any trees, boughs, shrubbery or limbs to conform to the provisions of this article shall be served by the duly appointed public officer upon the owner or occupant of the abutting premises by both regular mail and registered mail.
(Ord. 1877, Sec. 2; Code 2010)
If such owner or occupant shall not within 30 days thereafter cause such damaged, diseased or obstructing trees, boughs, shrubbery or limbs to be removed as provided in accordance with the provisions of this article, then the City shall forthwith remove them. Proper pruning season will be taken into consideration. This section, however, shall not be construed as waiving the rights of the City to prosecute under the provisions of this article.
(Ord. 1877, Sec. 2; Code 2010)
The costs of abatement of any condition prohibited by this article by the City shall be assessed and charged against the lot or parcel of land on which the condition existed. The City Clerk shall, at the time of certifying other City taxes to the County Clerk, certify the costs of abatement of any condition prohibited by this article by the City; and the County Clerk shall extend the same on the tax roll of the County against the property upon which such condition existed. Such costs shall be collected by the County Treasurer and paid to the City as other city taxes are collected and paid.
(Ord. 1877, Sec. 2; Code 2010)
Any person, firm or corporation violating any provisions of this chapter shall, upon conviction or a plea of guilty, be subject to a fine not to exceed five hundred dollars or equivalent community service. For the purpose of this chapter, a separate offense shall be deemed committed for each tree on which such violation exists.
(Ord. 1877, Sec. 2; Code 2010)