HomeMy WebLinkAbout1995-12-11 96-52 ORDINANCECODMCIL ACTION
Date January S. 1996 Item No. 96_52_
Item/Subject: Amending Chapter VIII of the Laws S Ordinances of
the City of Bangor (Land Development Code ) --
General Provisions - C.O. 0 96-52
Responsible Department: Planning Division
The Planning Board, at its regularly scheduled meeting of January
2, 1996, held a public hearing on the above -noted zoning amendment.
There being no proponents or opponents, Chairman asked for comments
from Staff. Planning officer Lord and Assistant City Solicitor Norm
Heitman explained the proposed amendment and existing State and
local provisions regulating shade trees. City Manager Ed Barrett
answered a number of questions relating to City management of trees
within the public right-of-way.
After considerable discussion, the Planning Board voted 3 to 2 to
recommend the shade tree amendment to the City Council.
Department Head
Manager's Comments:
Cittyy Manager
Mg
ger
Associated Informations 6J4,ra,w .J.ru ... H -
Finance Director
Legal Approval:
yrs ikM Jf�VI/ff
A/Me{r P v^)'I h, /;Pet 0s30Y
City Solic'tar
R Passage
_ First Reading Page I of 1
Referral
Aadpud to Cowtiloe Blanchette December 11, 1995
.. _ CITY OF BANGOR
(TITAmending chapter viii of the Laws W Ordinances
of the City of Bangor (Land Development Code) -- General Provisions
Rag madafi dBy the My CmweeB of CW ofBanger. as jbUoue:
THAT Chapter VIII, Part I, Article 2, Section 9 of the Laws E
Ordinances of the City of Bangor (Land Development Code) is hereby
amended by adding a new subsection 9.5A to read as follows:
9.5A Shade Trees. We Person, firm or corDOration
'sTiSR of, rim deface, damage destrov. or in
any v insure any public shade tree, as the same
are defined by 30-A B.W.S.A. B 3281, as the same
v be amended, without first obtaining a written
vomit from the Public Works Director. all
such c shall conform to the conditions,
limitations and restrictions therein stated.
96-52
IN CITY COUNCIL j
ORDINANCE
December 11, 1995 i
First Reading
( TITLE.) Amending aprer VIII of [Te
I
Lame and Ordinance¢ of be City of
Banger
CITY CLERK
(Land Development Code - General Provisions
IN CITY COUNCIL
'December 99-5
AA
0"Asa�
Tabled Referredto
Planning Board. '
Aed to
w1
GI CEM
Councilman
IN CITY COUNCIL
January Dy 1996
_
Passed
vote: A Yee _' -
Councilors Voting You:
Baldacci, Blevchette, Frankel,
Leen, Popper, Soucy. Sullivan.
Tyler &.woodcock -
CITY CLERK
96-52
Ch. VI; Art 10
Sec. 1 - Sec. 2
Chapter VI
*Article 10 - Lamp Posts, Posts, Hydrants, ETC.
Sec.l Trees, Posts. Etc. Legally Located. All trees, lamp posts,
public utility posts,
vehicle and pedestrian traffic signs, traffic signals and
control devices,fire alarm poles, sidewalk pumps and hydrants,
now legally placed and being within the limits of the streets
of the city are hereby declared to be, and shall be taken to
be, legally established and located.
1.1 council Approval. Any tree, lamp post, public utility post,
vehicle or pedestrian traffic sign,
traffic signal or control device, fire alarm pole, sidewalk
pump or hydrant, or any post for the protection of the
limishall be taken to be legally established within the
ts of any street of the city, when it has been located
therein by order, or by approval, of the City Council.
Sec.2 Care and Supervision of shade Trees. The Public works Director
shall have the care
and
supervision of all shade trees on each and every street square,
park and lane in the city. No person, firm or corporation,
shall cut, trim deface, or in any way injure any such shade tree
without written permission from the Public Works Director, and
in all such cases
shall conform to the conditions, limitations
and restrictionstherein stated.
Amended 12-28-94 C.O. 95-32
I
Excerpt from Staff Memorandum for January 2, 1996 Planning Board
Meeting.
PUBLIC HEARINGS
Item No. 2m Zoning Amendment - Chapter VIII, Part I, Article 2,
Section 9 - Shade Trees - City of Bangor - C.O. Y
96-52.
a. The City of Bangor has limited provisions for dealing with
destruction of shade trees in another section of the City's
laws and ordinances. The Legal Office was asked to expand the
provisions dealing with shade trees in the City's Ordinances.
Placing a requirement for preservation of shade trees except
with written permission from the City (Public Works Director)
In the Land Development Cade provides the City with more
flexibility in dealing with such cases. According to the
Legal Office, for example, injunctive relief is available
under land use violations referred to the Courts under so-
called "Rule BOR" and there is greater flexibility to require
remedial action rather than simply a fine for shade tree
damage or destruction.
b. Given the position of the Legal Office and the importance of
preservation of shade trees to overall development of the
Community and, specifically, in relation to site development
plans that may be approved by the City under the Land
Development Code, Staff would recommend that the Planning
Board recommend this amendment to the Land Development Code to
the City Council.