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Home My WebLink About2004-01-12 04-47 ORDINANCEItem No. 04-67 Date: 12-22-03 item/Subject Ordinance, Amending Chapter 284, Trees, Adding New Article III, Public Tree Program. Responsible Department: Police Commentary: The purpose of this amendment is to add a new article to the Chapter regulating trees. This new article expands the CiNs protection of Its public trees, including increased penalties, and creates a "Tree Board" to oversee matters relating to the trees. Keep Bangor Beautify proposed this amendment as part of an effort to earn Bangor the designation of a'Tree City" by the National Arbor Day Foundation. Department Head ManagWs Comments: Pw$Qu.T.t bt4.n•"4„�(,,',,-,.,A- _�'IL�. ._.i�._ Qe, / City Manager er5a Associated Information: Finance Director �� Introduced for Passage X First Reading Page _of_ X Referral to Infrastructure smisrl OTE COPY 04-47 As Amended CITY OF BANGOR (TITLE.) Ordinance, Amending Chapter 284, Trees, Adding New Article III, Public Tree - Program. Be Yo>dabodby the City of Bangor, asfoBonr - That Chapter 284 be amendmed by adding new Article III, as follows: ARTICLE III , Public Tree Program § 284-9. Tree Board A. The Tree Board is hereby created and established. The Board shall consist of five members appointed by the City Council. At least we member of the Board shall be a certified landscape architect, and at least one of the remaining members shall have completed certified training in abonculture. B. The term of the members shall be for three years, except that the term of the members appointed to the first board shall be as follows: three shall be appointed for two years, and two shall be appointed for three years. In the event that a vacancy shall occur during the term of any member, a successor shall be appointed for the unexpired portion of the tens. C. The Tree Board shall study the problems and determine the needs of the City of Bangor in connection with Its public tree program. The Tree Board shall meet semi-annually. It shall assist in the establishment of standards for the selection, planting, maintenance and removal of public trees, and In the dissemination of news and Information on these standards and on the general tree program in the City. D. The Tree Board shall formulate and wntinually update a management plan far public trees. Such plan shall be presented to the Bangor City Council and upon acceptance and approval by the Council, the plan shall serve as the basis for the municipal public tree program. § 28410. City forester The CM forester, in consultation with the Tree Board, shall have the authority to regulate the planting, maintenance, and preservation of public trees for the benefit and welfare of the public and to protect the beauty of such trees and public places, using the advice of the Tree Board where helpful and following the directives of the management plan. 0467 SOaSTI= COPY ns emeunea § 284-11. Permits required A. No person shall plant, prune, remove or otherwise disturb, above or below ground, any public free, without first filing an application with and obtaining a permit from the Public Works Director. Any permit granted shall contain a definite data of expiration, and may contain conditions attached thereto by the Public Works Director. Any violation of this article or the terms of the permit shall be grounds for revocation of the permit, after notice and hearing. In emergency situations, such as storm damage to trees, requiring immediate pruning or removal, the work may be performed without permits, however, the Public Works Director shall be notified as soon as possible. B. It is the intent of this article to preserve public trees. The Public Works Director may Issue a permit to cut down, remove or destroy a public tree under one or more of the following circumstances: 1. The tree is diseased, Injured, in danger of falling we close to existing or proposed structures, Interferes with existing utility services, creates unsafe vision clearance or other traffic hazard, or is otherwise dangerous to people or property. 2. The tree Is located in an area where a structure or other improvements will be placed In accordance with plans approved under the land use ordinance. C. For the purpose of this Article, the term "public tree" shall mean "all shade or ornamental trees or shrubs now or hereinafter growing in any street right -of way or path. § 28412. Abuse of Trees Unless authorized by permit issued by the Public Works Director, no person shall damage, cut, carve, transplant or remove any public tree; nor attach ropes, wires, nails, advertising posters or other contrivance; nor allow any gaseous, liquid or solid substance which is harmful to such trees to come in contact with them; icor set fire or allow any Flre to burn where the fire or heat will injure a public tree. § 28413. Interference with the Clly, Forester Prohibited. No person shall hinder, prevent, delay or interfere with the City Forester or any of his/her designees while engaged In carrying out the execution of this article. § 284-14. Development of arboricultural specifications The Tree Board shall have the authority to prepare the rules and regulations of the arboricultural specifications and standards, governing the planting, maintenance, removal, fertilization, pruning and bracing of public trees. Said rules and regulations shall not become effective until approved by the City Council after a public hearing. 04"7 sossrcxoxs can m A ea § 28415. Exemptions The provisions of this article shall not apply to the customary operations of governmental entities or public utilities. Provided, however, that any governmental entity or public utility shall consult with the Public Works Director prior to the removal of any public tree for the purpose of considering reasonable alternatives to the removal of the tree. § 28416. Enforcement This article shall be enforced and administered by the Code Enforcement Officer. When any violation of any provision of this article Is found to exist, the Code Enforcement Officer is hereby authorized and directed to institute any and all actions and proceedings, either legal or equitable, that the City Forester may deem appropriate or necessary to enforce the provisions of this article. § 284-17. Penalties A. Notwithstanding §2848 of this article, the violation of any provision of this article shall be punished by a fine of not less than $100 nor more than $500. Each act of violation and every day upon which any such violation shall occur shall constitute a separate offense. Any such penalty shall inure to the benefit of the town; and B. Should any public tree be destroyed, the person causing the destruction shall make restitution to the City In an amount equal to the replacement value of the destroyed tree. 0 -4I Famed to cou zior Gnat ck Oece er 22. 2003 CITY OF BANGOR (TITLE.) Ordinance, Amending Chapter 284, Trees, Adding New Article III, Public Tree Program. eeRwoWWbyCle CilyofSxW,, asrailo .- That Chapter 284 be amendmed by adding new Article 111, as follows: ARTICLE In , Public Tree Program § 284-9. Tree Board' A. The Tree Board is hereby created and established. The Board shall consist of five members appointed by the City Council. At least one member of the Board shall be a certified landscape architect, and at least one of the remaining members shall have completed certified training in abericulture. B. The term of the members shall be for three years, except that the term of the members appointed to the first board shall be as follows: three shall be appointed for two years, and two shall be appointed for three years. In the event that a vacancy shall occur during the term of any member, a successor shall be appointed for the unexpired portion of the term. C. The Tree Board shall study the problems and determine the needs of the City of Bangor In connection with its public tree program. The Tree Board shall meet semi-annually. It shall assist in the establishment of standards for the selection, planting, maintenance and removal of public trees, and in the dissemination of news and information on these standards and on the general tree program in the City. D. The Tree Board shall formulate and continually update a management plan for public trees. Such plan shall be presented to the Bangor City Council and upon acceptance and approval by the Council, the plan shall serve as the basis for the municipal public tree program. § 284-10. City Forester The City Forester, in consultation with the Tree Board, shall have the authority to regulate the planting, maintenance, and preservation of public trees for the benefit and welfare of the public and to protect the beauty of such trees and public places, using the advice of the Tree Board where helpful and following the directives of the management plan. § 264-11. Permits required A. No person shall plant, prune, remove or otherwise disturb, above or below ground, any public tree, without first filing an application with and obtaining a permit from the Public Works Director. Any permit granted shall contain a definite date of expiration, and may contain conditions attached thereto by the Public Works Director. Any violation of this article or the terms of the permit shall be grounds for revocation of the permit, after notice and hearing. In emergency situations, such as storm damage W trees, requiring Immediate pruning or removal, the work may be performed without permits, however, the Public Works Director shall be notified as soon as possible. B. It is the intent of this article to preserve public trees. The Public Works Director may issue a permit to cut down, remove or destroy a public tree under one or more of the following circumstances: 1. The tree is diseased, injured, In danger of falling too close to existing or proposed structures, interferes with existing utility services, creates unsafe vision clearance or other traffic hazard, or is otherwise dangerous to people or property. 2. The tree is looted in an area where a structure or other improvements will be placed in accordance with plans approved under the land use ordinance. § 284-12. Abuse of Trees Unless authorized by permit issued by the Public Works Director, no person shall damage, cut, carve, transplant or remove any public tree; nor attach ropes, wires, nails, advertising posters or other contrivance; nor allow any gaseous, liquid or solid substance which Is harmful to such trees to came in contact with them; nor set fire or allow any fire to bum where the fire or heat will injure a public tree. § 284-13. Interference with the City Forester Prohibited. No person shall hinder, prevent, delay or interfere with the City Forester or any of his/her designees while engaged In carrying out the execution of this article. § 284-14. Development of arboricultural specifications The Tree Board shall have the authority to prepare the rules and regulations of the arboricultural specifications and standards, governing the planing, maintenance, removal, fertilization, pruning and bracing of public trees. Said rules and regulations shall not become effective until approved by the City Council after a public hearing. § 264-15. Exemptions The provisions of this article shall not apply to the customary operations ofgovernmental entities or public utilities. Provided, however, that any governmental entity or public utility shall consult with the Public Works Director prior to the removal of any public tree for the purpose of considering reasonable alternatives to the removal of the tree. § 289-16. Enforcement This article shall be enforced and administered by the Code Enforcement Officer. When any violation of any provision of this article is found to exist, the Code Enforcement Officer Is hereby authorized and directed to institute any and all actions and proceedings, either legal or equitable, that the City Forester may deem appropriate or necessary to enforce the provisions of this article. § 28417. Penalties A. Notwithstanding §289-8 of this article, the violation of any provision of this article shall be punished by a fine of not less than $100 nor more than $500. Each act of violation and every day upon which any such violation shall occur shall constitute a separate offense. Any such penalty shall inure to the benefit of the town; and B. Should any public tree be destroyed, the person musing the destruction shall make restitution to the City In an amount equal to the replacement value of the destroyed tree. January 12. 20% mason Made esd Stranded for passage Vote: 9 yes Coaoctlors voting yes: Allen. CaeLvell, D'8rrico, Barrington, Grareick, Greece. Nealley, Palmer 6 TremNle Passed _ p O 7 ORDINANCE (TITLE,) AmeodSng chapter 284. Trees, Adding Nen Article ac tree frograft Assigned W Coundior