Chapter 2
URBAN FORESTRYlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=29268
6-2-1: PURPOSE AND APPLICABILITY:
6-2-2: DEFINITIONS:
6-2-3: URBAN FORESTER; DUTIES AND RESPONSIBILITIES:
6-2-4: URBAN FORESTRY ADVISORY COMMITTEE:
6-2-5: ARBORICULTURAL REGULATIONS:
6-2-6: PLANTING, PRUNING OR REMOVAL OF TREES:
6-2-7: UTILITY COMPANIES; COOPERATIVE EFFORT:
6-2-8: STREET TREES; PRIVATE PROPERTY OWNERS:
6-2-9: REGULATIONS:
6-2-10: PUBLIC NUISANCES:
6-2-11: PROHIBITED ACTS:
6-2-12: PENALTY:

6-2-1: PURPOSE AND APPLICABILITY:linklink


A. The purpose of this chapter is to establish a comprehensive urban forest management system that will optimize forest related public benefits, increase public awareness of the benefit of our urban forest, integrate the proper planting and maintenance of street and park trees with other urban elements and amenities, increase public safety and the general welfare, and maximize and maintain the aesthetic quality of the city urban forest resource. Both public and private trees add value to Ogden City and the quality of life of its residents. Conservation of this value in the form of resource preservation is desirable for the community of Ogden. The value of trees is manifest in their beauty, the ability to prevent erosion of topsoil, provide protection against flood hazards and risk of landslides, counteract pollutants in the air, sequester carbon, maintain climatic balance, decrease wind velocities, produce oxygen, and increase property value. In order to maximize these benefits, it is the intent of this chapter to regulate the selection, planting, pruning, treatment and removal of trees within Ogden City in order to retain as many healthy trees as possible consistent with the purpose of this section and the reasonable use of private property.


B. This chapter shall apply to all "park trees" and "street trees", as defined herein, as well as to those trees and shrubs located on private property that have become a "public nuisance", as defined herein.

(Ord. 2016-13, 3-1-2016)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=29268#s1105281
6-2-2: DEFINITIONS:linklink

As used in this chapter, the following definitions shall apply:

MAINTENANCE: Those practices and procedures for the normal care of trees and shrubs as set forth in the arboricultural regulations of the city.

PARK TREES: Trees, shrubs, bushes and any other woody vegetation located on city parks, on private property if the city trims or otherwise maintains the vegetation based on a written easement or agreement or on other property belonging to the city other than streets.

PARKING OR PARKING STRIP: That part of the public street right of way set aside as a planting strip or open space and located between the sidewalk and curb or edge of the roadway, or where no sidewalk exists, located between the property line and curb or edge of the roadway.

PERSON: Individuals, firms, corporations, partnerships and every type of association.

PUBLIC WAYS AND PARKS DIVISION: The division of the public services department responsible for maintaining the parks of the city.

STREET: Includes any street, avenue, highway, alley or other public thoroughfare, including the entire width from property line to property line.

STREET TREES: Trees, shrubs, bushes and any other woody vegetation located in any parking or parking strip.

TREE PROTECTION ZONE (TPZ): An arborist/forester defined area surrounding the trunk intended to provide protection of the canopy and to protect roots and soil within the critical root zone and beyond, to ensure future tree health and stability.

URBAN FORESTER: The official designated by the public services director to enforce the provisions of this chapter.

(Ord. 2016-13, 3-1-2016)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=29268#s1105282
6-2-3: URBAN FORESTER; DUTIES AND RESPONSIBILITIES:linklink


A. The urban forester, under the supervision of the public services director or the director's designee, shall be responsible for:

1. Developing an urban forest management plan, which will include an inventory of all street trees;

2. Recommending plans and procedures for the implementation of the city's forestry program;

3. Supervising implementation of the city's forestry program;

4. Providing direction to all city employees in the care and maintenance of street trees and park trees;

5. Enforcing the provisions of this chapter and the arboricultural regulations adopted pursuant to this chapter;

6. Issuing permits required under section 6-2-6 of this chapter;

7. Coordinating with the department of community and economic development in the site plan review process regarding installation of street trees.


B. In order to accomplish the purposes of this chapter, the urban forester is hereby authorized to go upon any property in the city for the purpose of inspecting trees, shrubs and other plants, reasonably believed to be in violation of this chapter; provided, that if such property be occupied, the urban forester shall first present proper credentials and request entry; and if such property be unoccupied, the urban forester shall first make a reasonable effort to locate the owner or other persons having charge or control of the property and request entry. If such entry is refused, the urban forester shall have recourse to every remedy provided by law to secure entry.

(Ord. 2016-13, 3-1-2016)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=29268#s1105283
6-2-4: URBAN FORESTRY ADVISORY COMMITTEE:linklink


A. Recommend And Review Regulations: The Ogden urban forestry advisory committee, as established in title 3, chapter 23 of this code, shall recommend, and then periodically review, and update, arboricultural regulations as described under subsection 6-2-5A of this chapter.


B. Represent City: The Ogden urban forestry advisory committee shall represent the city in making application to the heritage tree advisory committee for designation by the state division of forestry, fire and state lands of heritage trees within the city. Before making application, the urban forestry advisory committee shall inform the owner of the property in question, in writing, of the impending application and give the owner an opportunity to be heard.


C. Appeals: Notice of appeal of a final determination by the committee may be filed with the city recorder within twenty one (21) days of service of notice. Appeals from the committee determination shall be heard by the mayor at a time and place to be set by the mayor.

(Ord. 2016-13, 3-1-2016)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=29268#s1105284
6-2-5: ARBORICULTURAL REGULATIONS:linklink


A. Implementation: The mayor, upon recommendation of the Ogden urban forestry advisory committee, is authorized to adopt arboricultural regulations for the city, which may be amended from time to time. The arboricultural regulations shall designate the types and kinds of trees or shrubs permitted to be planted hereafter as street trees or park trees; establish the standard methods of tree care for street trees and park trees including guidelines for trimming, spraying, removal, planting and pruning; and to establish the requirements of tree protection plans and implement any existing or future street tree plan as adopted by the city council as part of the Ogden city general plan. The purpose of the regulation is to prohibit the planting and growing of the type or kind of trees prone to disease and insects, or injurious to sidewalks and curbs; to provide a plan of proper planting and growth of trees for the beautification of the streets of Ogden; to protect trees from improper care; and to prevent trees from becoming a public nuisance. Such regulations, or any amendments thereto, shall be effective upon filing with the city recorder's office and copies thereof shall be available to the public through the office of the public ways and parks division.


B. Persons Engaged In Business:

1. Any person engaged in the business or occupation of trimming, treating or removing trees or shrubs shall abide by the arboricultural regulations of the city when performing any work on street trees or park trees in the city.

2. Any public utility or person engaged in the business or occupation of trimming, treating or removing trees or shrubs shall pay a fee of fifteen dollars ($15.00) for each permit required under subsection 6-2-6A of this chapter, or, as an alternative, pay an annual fee of seventy five dollars ($75.00). The above fees shall not be considered to be in lieu of any business license fee or telecommunications license tax under title 5, chapter 2, article B of this code or municipal energy sales and use tax under title 5, chapter 2, article C of this code.

(Ord. 2016-13, 3-1-2016)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=29268#s1105285
6-2-6: PLANTING, PRUNING OR REMOVAL OF TREES:linklink


A. Permit Required: No person shall plant, prune, remove, spray, destroy, deface or injure in any way, or cause to be planted, pruned, removed, sprayed, destroyed, defaced or injured in any way, any street tree or park tree within the city without having first obtained a written permit therefor from the public ways and parks division.

1. An approved site plan by the mayor or other official or entity authorized under the zoning title shall be considered a written permit required by this section.

2. Any tree or shrub planted contrary to the provisions of this chapter or any permit issued hereunder may be removed by the city.

3. A permit shall not be required for work performed by city employees in the course of their duties.


B. Application: Any person desiring to plant, prune, remove or spray any street tree or park tree within the city shall first make written application to the public ways and parks division. Said application shall include the name and address of the applicant, the name and address of the person doing the work, the kind or species of tree or shrub and the location of same, together with such other information as required. The applicant shall, at the time of making the application, agree in writing to save the city harmless in all respects and protect the city and the public at all times in connection with any work performed under such permit.


C. Issuance; Expiration:

1. Permits issued for the planting, pruning, spraying or removal of trees shall set forth the name of the person who shall perform the work, the location of the work and any conditions or requirements in connection therewith.

2. Failure to comply with the requirements of the permit shall constitute a violation of this chapter.

3. All permit work shall comply with the arboricultural regulations of the city.

4. As a condition of any removal permit and where a street tree or park tree is in good health and is authorized to be removed at the applicant's request, the public ways and parks division may require the permit applicant to compensate the city for the value of the tree removal either by replacement thereof with the size, species and location approved by the urban forester or by monetary assessment.

5. Unless otherwise stated, a permit issued pursuant to this section shall expire thirty (30) days after issuance.

6. A person who exceeds the authorization given in the permit is subject to the penalties described in section 6-2-12 of this chapter.

(Ord. 2016-13, 3-1-2016)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=29268#s1105286
6-2-7: UTILITY COMPANIES; COOPERATIVE EFFORT:linklink

Utility companies shall have the right to maintain their utility lines to assure public service. However, when an emergency situation is not involved, a close cooperative effort will be maintained between the utility company's supervisor over tree trimming/line clearance and the urban forester. Together, the utility company supervisor and urban forester will determine a method of trimming that will be in the best interest of the public, the utility and the overall health of the trees.

(Ord. 2016-13, 3-1-2016)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=29268#s1105287
6-2-8: STREET TREES; PRIVATE PROPERTY OWNERS:linklink


A. Care And Maintenance: Any owner of private property, abutting city parking strips shall assume the following responsibilities:

1. Periodic watering and fertilization of street trees when necessary to maintain good health and vigor.

2. Protection of street trees against mechanical damage due to lawn mowers, weed trimmers and lawn edgers. The private property owner abutting parking strips shall have the right to plant and care for street trees in accordance with section 6-2-6 of this chapter.

3. Pruning and maintaining street trees and other vegetation within the right of way so as not to permit or allow the continuation of a public nuisance as defined by section 6-2-10 of this chapter and after obtaining a permit as required by section 6-2-9 of this chapter.

4. Providing notice to the city engineer of the displacement of sidewalk, or curb and gutter either horizontally or vertically to a point that one section, or any part of a section, is separated by at least one-half inch (1/2") from the other and that results from or is associated with the growth of a street tree or a tree on the owner's property.


B. Financial Responsibility:

1. In cases where an owner of private real property abutting city property requests a permit to take actions on street trees, said abutting property owner shall assume financial responsibility for work to accomplish the following:

a. Removal of trees, limbs or roots preventing house moving or other construction or demolition activities, or interfering with sewer laterals.

b. Removal of trees, limbs or roots for the alteration of tree or abutting property appearance where no public nuisance exists.

c. Spraying, fertilizing or treatment other than what may be regularly conducted on citywide basis by the public ways and parks division.

2. Financial responsibility does not eliminate the legal requirement to obtain necessary permits, including those required under this chapter or the city's excavation ordinance, or avoid adherence to the arboricultural regulations of the city.

(Ord. 2016-13, 3-1-2016)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=29268#s1105288
6-2-9: REGULATIONS:linklink

Any individual or contractor doing work that may affect a street or park tree must have an approved permit and adhere to practices set forth in the arboricultural regulations. Before work commences, the responsible person shall first obtain and adhere to guidelines for the planting, removal and protection of existing trees outlined in the urban forestry contractor packet. Individual/contractor must, at all times, possess the contractor packet on site while work is being performed.


A. Establishment Of A Tree Protection Zone (TPZ): Any street or park tree in the immediate vicinity of any excavation, demolition or construction site of any building, structure or street work, which could be potentially injured or damaged shall be guarded by the establishment of a TPZ. The TPZ requirements are outlined in the urban forestry contractor packet and shall be installed prior to commencement of all construction activities. TPZ boundaries shall be determined by the urban forester or by the project arborist approved by the urban forester and shall be installed by those persons conducting the construction activities. All building materials, dirt or other debris shall be kept outside the TPZ boundary. No excavation shall take place inside the TPZ boundary without the urban forester's consent.


B. Coordination; City Departments: There shall be close interdisciplinary coordination and cooperation between all city departments and the director of public services when trees on streets, parks and other public property are affected. Plans for all lighting, sewer, irrigation, water, street and other public works projects shall be considered in reference to their effect upon trees on public property prior to the beginning of work on such projects. The various department directors shall confer with the director of public services to coordinate programs and to minimize damage to trees on all projects.

(Ord. 2016-13, 3-1-2016)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=29268#s1105289
6-2-10: PUBLIC NUISANCES:linklink


A. Declared: The following conditions concerning trees or shrubs are hereby declared to be unlawful and a public nuisance. It shall be unlawful for the owner, occupant or the person in control of any property in the city to plant, maintain or permit the public nuisance described below to exist on said property or within the parking strip abutting such property:

1. Any tree or shrub planted or maintained contrary to the provisions of this chapter.

2. Any dead, dying, defaced, deteriorating, damaged or severely broken tree or shrub, which is dangerous to life, limb or property.

3. Any tree or shrub, having a destructive or communicable disease or other pestilence which endangers the growth, health, life or well being of trees, shrubs or plants in the city, or which is capable of causing an epidemic spread of a communicable disease, such as Dutch elm disease or insect infestation, or gypsy moth.

4. Any cut wood or woodpile which provides a breeding site or habitat for insects or disease that endangers the growth, health, life or well being of trees, shrubs and plants in the city.

5. Trees, shrubs or hedges abutting upon or overhanging the sidewalk or roadway that are not kept at a minimum height of:

a. Fourteen feet (14') above the lane of traffic for streets maintained by Ogden City;

b. Sixteen feet (16') above the lane of traffic for streets maintained by the Utah department of transportation; or

c. Seven feet (7') above the sidewalk.

6. Any tree, shrub or portion thereof which obstructs the free or safe passage of pedestrian or vehicular traffic or which obstructs a streetlight, traffic signal or device.

7. Any tree, shrub or portion thereof, which obstructs the view of vehicular traffic in or approaching an intersection in violation of title 7, chapter 3 of this code.

8. The roots of any tree or shrub, which causes the surface of the street, curb or sidewalk to be upheaved or otherwise disturbed.

9. Any tree, shrub or portion thereof, which by reason of location or condition constitutes an imminent danger to the health or safety of the general public.

10. The planting of a tree designated by the urban forester as either a small or medium tree in a park strip that is less than five feet (5') wide, or as a large tree in a park strip that is less than eight feet (8') wide.

11. The planting on private property of a tree designated by the urban forester as a small tree within two and one-half feet (2.5') of a curb or sidewalk, as a medium tree within three feet (3') of a curb or sidewalk, or as a large tree within four feet (4') of a curb or sidewalk.


B. Owner Responsibilities: It shall be unlawful for the owner, occupant or the person in control of any property in the city to plant, maintain or permit any of the public nuisances described in subsection A of this section to exist on said property or within the parking strip abutting such property. Upon receiving notice of the existence of a public nuisance, it shall be the duty of the owner or occupant to correct said condition at their own expense within such time and manner as the urban forester may designate which shall not be less than ten (10) days from the date of service of such notice.


C. City Property; Abatement: Any public nuisance as defined in subsection A of this section, which is located in the public street right of way or on city property may be abated at any time under the direction of the urban forester or his/her authorized representative and in accordance with the arboricultural regulations of the city.


D. Alternative Remedies:

1. Abatement of public nuisances as defined in this chapter may be abated as provided in title 12, chapter 8 of this code, or its successor, with costs and expenses for such cleaning or removal and civil penalties to be assessed against the property in accordance with the provisions of such chapter.

2. This chapter may also be enforced by injunction, mandamus, judicial abatement or any other appropriate action in law or equity.

3. The procedures and authority granted by this chapter shall be in addition to and not in lieu of procedures provided in other ordinances of the city which have heretofore been or may hereafter be enacted to accomplish the same or related purposes, and no ordinances are repealed by this chapter, except as otherwise specifically stated.

4. Any abatement of public nuisances, which involves trees, shrubs or other woody vegetation, whether or not pursued under this chapter, shall be coordinated with the urban forester and the urban forester shall provide assistance in said abatements to any other department of the city.

(Ord. 2016-13, 3-1-2016)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=29268#s1105290
6-2-11: PROHIBITED ACTS:linklink


A. Tree Topping: It shall be unlawful as a normal practice for any person to top any street tree or park tree. "Topping" is defined as the severe cutting back of limbs to stubs larger than three inches (3") in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. The urban forester may approve topping in specific instances where a tree poses an immediate danger to persons or property, or where other pruning practices are impractical due to the tree's proximity to utility wires or other obstructions, or where a tree has been otherwise severely damaged. Unauthorized topping of street trees or park trees, by any person, shall be a violation of this chapter.


B. Removing, Defacing Or Injuring Trees: It is unlawful for any person to wilfully cut, injure, disfigure, deface or destroy any street tree or park tree or to cause a street tree or park tree to be cut, injured, disfigured, defaced or destroyed except as provided in this chapter. It shall be unlawful for any person to hitch or fasten any animal to any street tree or park tree, to allow any animal under the person's control to bite or chew said trees, to cut, break or girdle said trees or to destroy any grate, box or case around said trees.


C. Interference With Urban Forester: It shall be unlawful for any person to hinder, prevent, delay or interfere with the urban forester or any personnel under the urban forester's direction while engaged in carrying out the execution, or enforcement of this chapter; provided, that nothing herein shall be construed as an attempt to prohibit the pursuit of any remedy, legal or equitable, for protection of property rights by the owner of any property within the city.

(Ord. 2016-13, 3-1-2016)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=29268#s1105291
6-2-12: PENALTY:linklink


A. Any person who violates any of the provisions of this chapter or any regulation, administrative order, notice or order promulgated under the authority of said chapter, shall be deemed guilty of a class B misdemeanor and, upon conviction thereof, shall be punished as set forth in title 1, chapter 4, article A of this code.


B. Any person who violates the provisions of this chapter by removing a street tree or park tree or defacing or injuring a street tree or park tree by wilfully cutting and injuring or by poor arboricultural practice either without a permit or in a manner that was not authorized by a permit:

1. Is subject to a civil penalty of five hundred dollars ($500.00) for each street tree or park tree removed, defaced or injured; and

2. May be required, in addition to any criminal or civil penalty, to pay restitution to the city for the market value of the removed, defaced or damaged tree in an amount established through a tree appraisal conducted by the urban forester. The appraisal shall take into account the size, species, condition and location of the tree immediately before the time it was removed, defaced or damaged.


C. Failure to correct a violation of this chapter after notice of violation and expiration of any applicable warning period may be enforced by imposition of the following civil penalties pursuant to title 1, chapter 4, article B of this code:

1. The first civil citation issued after expiration of the warning period shall subject the responsible party to the initial penalty of two hundred fifty dollars ($250.00).

2. The second civil citation issued after expiration of the warning period and the prior imposition of the initial penalty shall subject the responsible party to the intermediate penalty of five hundred dollars ($500.00).

3. Any subsequent civil citation issued after expiration of the warning period and the prior imposition of the intermediate penalty, or any reoccurring violation under section 1-4B-6 of this code, shall subject the responsible party to the maximum penalty of one thousand dollars ($1,000.00).

(Ord. 2016-13, 3-1-2016)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=29268#s1105292