City Code, ExplainedBetaPardon our dust while we build this out — expect some changes along the way.

This chapter governs the planting, care, protection, and removal of "shade trees" — trees in public rights-of-way, parks, or other public areas — and creates the Shade Tree Commission to administer that system, including a parking-lot tree/landscaping requirement added in 2005.

Who this affects

Property owners whose land abuts a street or public right-of-way, since they're responsible for maintaining, trimming, or removing trees and shrubs along that right-of-way and may be billed for related costs; anyone planting, cutting, trimming, or removing a shade tree, or attaching anything to one, needs a permit; developers and property owners with parking lots of more than five spaces must plant designated numbers of trees.

Key rules

• No person may plant, transplant, cut, trim, or remove a shade tree, or fasten a sign, wire, rope, or other material to one, without first obtaining a shade tree permit.
• No person may deposit or maintain stone, brick, sand, concrete, or other material that could impede water, air, or fertilizer from reaching a shade tree's roots without a permit.
• The Shade Tree Commission may require a permit applicant removing a tree to plant a replacement at their own expense, of a type, size, and location the Commission directs.
• The Commission is composed of seven residents appointed by Council resolution on the Mayor's recommendation, serving staggered terms.
• Property owners abutting a right-of-way must maintain and care for trees and shrubs there, and trim or remove growth that projects over the right-of-way, except trimming required because of city utility lines or traffic devices, which the city itself must perform.
• A dead or hazardous shade tree must be reported to the Commission by the property owner (or, if on a public right-of-way, the nearest property owner); failure to report in writing creates liability for resulting damages.
• No tree may be planted less than 25 feet from a curb intersection, less than 15 feet from a fire hydrant, or less than 5 feet from a sewer, water, gas, electric, or other line, except as the city permits.
• The center of newly planted trees must be at least 24 inches from the curbline, with an open area of at least 15 square feet around the base for air, water, and fertilizer.
• Costs of planting, transplanting, removing, or protecting shade trees, or repairing related pavement/sidewalk, are charged to the property owner nearest the tree, though the Commission may certify part of the cost to be paid by the city; unpaid assessments become a lien on the property.
• Anyone who damages a shade tree may be charged for repair or devaluation; anyone who destroys one may be charged its appraised value plus removal and replacement costs.
• Lots with more than five parking spaces must include landscaped areas: at least one deciduous tree for paved areas under 1,000 square feet, and one tree per five spaces for larger areas, with minimum 2-inch trunk diameter and species drawn from the approved list.
• Decisions of the Commission may be appealed to City Council within 30 days, with de novo review and a decision due within 60 days of the appeal being filed.

Penalties

Violators are "punishable by a fine not exceeding $600, plus costs of prosecution for each offense, and, upon default of payment thereof, may undergo imprisonment for a period not to exceed ninety (90) days," with each day a violation continues counted as a separate offense.

Notable and archaic details

• Commission members and enforcement officers are personally shielded from liability for damages arising from good-faith acts performed in the discharge of their duties under this chapter.
• The chapter requires public newspaper notice at least once a week for two weeks before the Commission plants, transplants, or removes trees, plus individual mailed notice to directly affected property owners at least one week ahead.
• The parking lot tree requirement was added decades after the rest of the chapter (2005) and is explicitly aimed at reducing "thermal pollution of surface waters from parking lot runoff."