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HomeMy WebLinkAbout7 - "Tree City USA " r t I ~ AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: INTRODUCTION: DISCUSSION: HERITAGE 1891 COMMUNITY 1991 qfTJ.5f)_N" 2Q91 7 BILL MANGAN, DIRECTOR OF PARKS AND RECREATION CONSIDER APPLYING FOR "TREE CITY USA" STATUS NOVEMBER 5, 1990 On August 21, 1989, staff presented research about the criteria necessary for the city to receive "TREE CITY USA" status. Since that time, staff has worked diligently on meeting the four standards as established by the National Arbor Day Foundation. SEE ATTACHED MEMORANDUM. The four standards as required to meet TREE CITY USA" status are as follows: 1. A legally constituted municipal tree body. This would be the city council. 2. Adoption of a city tree ordinance. The existing diseased tree ordinance may be sufficient for now but a revised ordinance will better suit this pro9ram in the future. (A sample ordinance 1S enclosed). 3. A comprehensive community forestry ~rogram. Staff currently has this program 1n place with the greenhouse operation, nursery, planting program, and maintenance program. 4. Arbor Day Proclamation an program. This item will be ongoing beginning with this past spring's tree planting festivities at Westwood Elementary School. The event will be held at different locations. In addition to these standards, a city is expected to levy $1.00 per capita for this program. For this year, the city of Prior Lake expended $lO,OOO alone on shade trees excluding labor to plant them. Meeting the $1 per capita will not be a problem because yearly annual costs for tree planting and maintenance currently meets or exceeds that amount already. 4629 Dakota St. S,E" Prior Lake, Minnesota 55372 / Ph, (612) 447-4230 I Fax (612) 447-4245 ALTERNATIVES: RECOMMENDATION: ACTION REQUIRED: All information contained in the application must be completed and turned in to the state by December 31. The state will then evaluate the application and determine eligibility. A determination on Prior Lake's qualifications will be made by February l5th. This program is an annual program. Once a city achieves TREE CITY USA status, it is encouraged to re-apply every year, provided it continues to meet the standards. While it is an annual program, the city is not obligated in any way to continue annually. 1. Direct staff to prepare the necessary application for TREE CITY USA recognition for 1990. 2. Do not participate in this program because future dollar requirements may become too restrictive for the city. 3. Table this program until such time as it is economically feasible to participate in. Staff feels that Alternative #1, prepare the necessary application for TREE CITY USA would be in order. A motion directin~ staff to prepare the necessary documentat10n to apply for TREE CITY USA designation would be in order. Please find attached a copy of the application, TREE CITY USA brochure, a copy of the Subdivision Ordinance requiring tree planting, the memorandum from August 21, 1989, and a copy of our Diseased tree Ordinance 8-2-1 to 8-2-11. 8-2- 1 SECTION: 8-2- 1: 8-2- 2: 8-2- 3: 8-2- 4: 8-2- 5: 8-2- 6: 8-2- 7: 8-2- 8: 8-2- 9: 8-2-10: 8-2-11: 8-2-2 CHAPTER 2 DUTCH ELM AND OAK WILT DISEASES ftltO v' L qO OJ:', ' It> 1 , I' ~d ~ I' v Declaration of Policy City Forester Epidemic Disease Program Nuisances Declared Inspection and Investigation Abatement of Epidemic Tree Disease Nuisances Procedure for Removal of Infected Trees and Wood Spraying Elm Trees Transporting Elm Wood Prohibited Interference Prohibited Penalty 8-2- 1: DECLARA TION OF POLICY: The City Council has determined that the health of the elm trees and oak trees within the City limits is threatened by fatal diseases known as dutch elm disease and oak wilt disease. It is further determined that the loss of elm trees and oak trees growing upon public and private property would substantially depreciate the value of property within the City and impair the safety, good order, general welfare and convenience of the public. It is declared to be the intention of the Council to control and prevent the spread of these diseases and this Chapter is enacted for this purpose. It is to be understood that throughout the remainder of this Chapter, any reference which is made to dutch elm disease refers and applies equally to oak wilt disease. lOrd. 73-3, 4-25-77) 8-2-2: CITY FORESTER: (A) Position Created: The powers and duties of the City Forester as set forth in this Chapter are hereby conferred upon the persons or employees within the Administrator's office of the City whom the Council shall deem appropriate. /' 8-2-2 8-2-4 (B) Duties: It is the duty of the Forester to coordinate under the direction of the Council all activities of the City relating to the control and prevention of dutch elm disease, oak wilt disease and other epidemic diseases of shade trees. He shall recommend to the Council the details of a program for the control of said diseases and shall perform the duties incident to such a program adopted by the Council. 8-2-3: EPIDEMIC DISEASE PROGRAM: It is the intention of the Council to conduct a program of plant pest control pursuant to the authority granted by Minnesota Statutes, section 18.022, as amended. This program is directed specifically at the control and elimination of the dutch elm disease fungus, and it is undertaken at the recommendation of the Commissioner of Agriculture for the State of Minnesota. The City Forester shall act as coordinator between the Commissioner of Agriculture and the Council in the conduct of this program. 8-2-4: NUISANCES DECLARED: (A) Public Nuisances: The following conditions are public nuisances whenever they may be found within the City: 1. Any living or standing elm tree or part thereof infected to any degree with the dutch elm disease fungus, Ceratocystis Ulmi (Buisman) Moreau, or which harbors any of the elm bark beetles, Scolytus Multistriatus (Eichh) or Hylurgopinus Rufipes (Marsh). 2. Any dead elm tree or part thereof, including, but not limited to logs, branches, stumps, roots, firewood or other elm material, which has not been stripped of its bark and burned or sprayed with an effective elm bark beetle insecticide. 3. Any living or standing oak tree or part thereof infected to any degree with the oak wilt fungus ceratocystis Fagacearum. 4, Any dead oak tree or part thereof, which in the opinIon of the Forester constitutes a hazard, including, but not limited to, logs, branches, stumps, roots, firewood or other oak material, which has not been stripped of its bark and burned or sprayed with an effective fungicide. 5. Other shade trees with epidemic diseases. (B) Abatement: It is unlawful for any person to permit any public nuisance, as defined in subsection (A) hereof, to remain on any premises owned or \. 8-2-4 8-2-5 B) controlled by him within the City. Such nuisances may be abated In the manner prescribed by this Chapter. . (C) Violations: Any owner of real estate in the City who is notified of the existence of diseased trees on his property as provided in Section 8-2-7(A)2 hereof must. within ten (10) days after receipt of said notice, cut down said diseased trees and remove all parts. branches, stumps and brush therefrom from the City, or take said parts, branches. stumps and brush to a place that may be designated from time to time by the City Council, if it is possible to obtain the use of such place. The Forester shall burn said parts, etc. (Ord. 74-10, 1964) 8-2-5: INSPECTION AND INVESTIGATION: (A) Inspection Procedure: The Forester shall investigate all reported incidents of infestation by dutch elm fungus or elm bark beetles. He shall inspect all premises and places within the City as often as practicable to determine whether any condition described in Section 8-2-4 hereof exists thereon. Such inspection shall be implemented in the following manner: 1. The City shall be divided into various lones. Such lones shall proceed numerically from Zone 1, which shall provide for the highest level of inspection and enforcement, and continue through Zone 6. Zone 1 and Zone 2 shall receive priority in the areas of inspection and enforcement and shall be treated in the following manner: a. A complete survey of the Zone shall be made, all trees shall be inspected and all diseased trees shall be marked. b. Diseased trees shall be treated, if feasible, and any diseased trees which are not treated shall be removed within twenty (20) days from the date in which they were certified as diseased. Co Those untreated diseased trees which have not been removed within the twenty (20) day limit shall be cited and, absent an agreement to the contrary with the City, shall be removed either by contract parties or by City employees. The cost of removal shall be assessed against the property in the case of removal at City expense. Those areas of the City designated as Zone 3, . Zone 4 and Zone 5 shall be treated in a manner similarto that employed in Zone 1 and Zone 2 which shall be subject to the time and personnel limits available. Zone 3 shall receive priority inspection over Zone 4 and Zone 4 shall receive priority inspection over Zone 5. / I. I I .1 ~ 8-2-5 8-2.,...5 A) 2. The various Zones have been delineated and are as follows: ZONE 1: Central Neighborhood Municipal Parks ZONE 2: Willows Neighborhood Area Frost - Eastwood Area Lakeside . Gatewood Neighborhood ZONE 3: Five Hawks Neighborhood Oakwood Neighborhood Northwood Neighborhood Grainwood Neighborhood Martinson Neighborhood Boudins . Oakland Neighborhood ZONE 4: Shady Point Neighborhood South Neighborhood Markley Neighborhood ZONE 5: Northshore Neighborhood Undeveloped Prior Lake The various neighborhoods and Zones shall be delineated as per Exhibit "A" which appears at the end of this Chapter. (Ord. 71-3, 4-25-77) (B) Entry on Public and Private Places: The Forester or his duly authorized agents may enter upon all public and private places at any reasonable time for the purposes of carrying out any of the duties assigned him under this Chapter. (C) Diagnosis: The Forester shall, upon finding conditions indicating dutch elm or oak wilt infestation, or other epidemic diseases of shade trees, immediately send appropriate specimens or samples to the Commissioner of Agriculture or to any qualified laboratory for analysis, or take such other , ~ I 8-2-6 8-2-7 C) steps for diagnosis as may be recommended by the Commissioner. Except as provided in Section 8-2-7 hereof, no action to remove infected trees or wood shall be taken until positive diagnoses. 8-2-6: ABATEMENT OF EPIDEMIC TREE DISEASE NUISANCES: In abating the nuisances defined in Section 8-2-4 hereof, the City Forester shall cause the infected tree or wood to be sprayed. removed, burned or otherwise effectively treated so as to destroy and prevent as fully as possible the spread of epidemic diseases of shade trees, including but not limited to, the dutch elm disease and the associated elm bark beetles, and oak wilt disease. To prevent root graft transmission of the diseases, a barrier should be created between diseased and healthy trees. either by treating the soil surrounding the diseased trees with a fumigant, sodium N-Methyldithiocarbamate (SMDC), presently sold under the trade names V APAM and VPM or by digging a trench thirty inches (30") deep in the soil surrounding the diseased trees. Such abatement procedure shall be carried out in accordance with current technical and expert opinions and plans as may be designated by the Commissioner of Agriculture. 8-2-7: PROCEDURE FOR REMOVAL OF INFECTED TREES AND WOOD: (A) Whenever the City Forester finds with reasonable certainty that the infestation defined in Section 8-2-4 hereof exists in any tree or wood in any public or private place in the City, he shall proceed as follows: 1. If the Forester finds that the danger of infestation of other elm or oak trees is not imminent because of the dormancy of the infected tree or trees. he shall make a written report of his finding to the City Council which shall proceed by: a. Abating the nuisance as a public improvement under Minnesota Statutes, Chapter 429; or b. Abating the nuisance as provided in subsection (B) of this Section. 2. If the Forester finds that danger of infestation of other elm or oak trees is imminent. he shall notify the abutting property owner by certified mail that the nuisance will be abated within a specified time, not less than five (5) days from the date of mailing of such notice. The Forester shall immediately report such action to the Council and after the expiration of the time limited by the notice, he may abate the nuisance. \ 8-2-1 8-2-1 fB) Upon receipt of the Forester's report, described in subsection (A)1 of this Section, the City Council shall by resolution order the nuisance abated, Before action is taken on such resolution, the Council shall publish notice of its intention to meet to consider taking action to abate the nuisance. This notice shall be mailed to affected property owners and published once no less than four (4) days prior to such meeting. The notice shall state the time and place of the meeting, the streets affected, the action proposed, the estimated cost of the abatement, and the proposed basis of assessment, if any, of costs. At such hearing or adjournment thereof, the Council shall hear property owners with reference to the scope and desirability of the proposed project. The Council shall thereafter adopt a resolution confirming the original resolution with such modifications as considered desirable, and the Council shall provide for the doing of the work by day labor or by contract. (C) The Forester shall keep a record of the costs of abatements done under this Chapter and shall report monthly all work done to the City Manager or other appropriate officer for which assessments are to be made, stating and certifying the description of the land, lots, parcelS involved and the amount assessable to each. (D) On or before September 1 of each year, the Manager shall list the total unpaid charges for each abatement against each separate lot or parcel to which they are attributable under this Chapter. The Council may then spread the charges or any portion thereof against the property involved as a special assessment under Minnesota Statutes, section 429.101, as amended, and other pertinent Statutes, for certification to the County Auditor and collection the following year along with current taxes. Such assessment shall be payable in a single installment, pursuant to Minnesota Statutes, section 429,101, subdivision 2. (Ord, 74-10, 1974) (E) In all cases where the removal necessitates assessment, the following conditions shall apply: 1. The property owner, other than owners who are senior citizens, age sixty five (65) and over or in retirement, shall immediately be charged twenty five percent (25%) of the cost of removal. 2. The balance of the cost shall be assessed against the property subject to an eight percent (8%) interest rate on the amount of the unpaid principal. 3. The term of the assessment shall be from one to five (5) years according to the following schedule: ( 8-2-7 8-2-11 E,3) Assessment Amount Term $ 300.00 or less 600.00 or less 800.00 or less 1,000.00 or less 1,000.00 or more 1 year 2 years 3 years 4 years 5 years 4. Assessments of the propertY of senior citizens is to be the maximum five (5) year term. (Ord. 77-3, 4-25-77) 8-2-8: SPRAYING ELM TREES: (A) Whenever the City Forester determines that any elm tree or elm wood within the City is infected with the dutch elm fungus, he may spray all nearby high value elm trees with an effective elm bark beetle Insecticide. Spraying activities authorized by this Chapter shall be conducted in accordance with technical and expert opinions and plans of the Commissioner of Agriculture and under the supervision of the Commissioner and his agents whenever possible. (B) The notice provisions of Section 8-2-7(A)2 hereof shall apply to spraying operations conducted under this Chapter. 8-2-9: TRANSPORTING ELM WOOD PROHIBITED: It is unlawful for any person to transport on public roads within the City any bark-bearing elm or oak wood without having obtained permission from the City Forester. Said Forester shall grant such permission only when the purposes of this Chapter will be served thereby. . 8-2-10: INTERFERENCE PROHIBITED: It is unlawful for any person to prevent, delay or interfere with the Forester or his agents while they are engaged in the performance of duties set forth in this Chapter. (Ord. 74-10, 1974) 8-2-11: PENALTY: Any person who violates Sections 8-2-4(C), 8-2-9 and 8-2-10 of this Chapter is guilty of a misdemeanor and may be punished by a fine of not to exceed five hundred dollars ($500.00) or imprisonment for ninety (90) days. (Ord. 74-10, 1974; amd. 1979 Code) "t-. 1 . ,', ~ i Hili nil ~III I'll H!lqilqql IUIII; !II IHHI I I ~ - !id~ I Ii!i I -li;1 . I iul!li i ,f i if i I;" i l! ~ , ' , ! ~ ., , .. 1-" :'M i " , ! I . ", " I'" ' I ' m X ::t iii ~ ~ N 0 Z m en , -1.... ~ K . I "@? I ,~'~ I, ""{ I -- . '- ....~ ~ ? ~ -... (- I '\. r M E M 0 RAN DUM TO: FROM: RE: DATE: Dave Unmacht, City Manager Bill Mangan, Director of Parks and Recreation Tree City, USA Program August 21, 1989 In researching this concept for the City of Prior Lake to become a TREE CITY USA, there are four standards as established by the program that have to be met. Currently, the City of Prior Lake is in position to meet these standards. The four standards are as follows: 1. A LEGALLY CONSTITUTED MUNICIPAL TREE BODY. This involves the formation of a local organization. They should have legal status and be charged with the resl?onsibility for the development and administration of a comprehens1ve city forestry program. 2. ADOPTION OF A CITY TREE ORDINANCE. A city tree ordinance designates the department or board responsible for managing the city's trees. . The ordinance should specif~ the number and qualifications of members, their terms of off1ce, and duties and responsibilities. 3. A COMPREHENSIVE COMMUNITY FORESTRY PROGRAM. There are three general activities in a municipal forestry program: planting, maintenance and tree removal. A City Tree Board serves in a planning and advisory capacity with a qualified city employee to physically implement work plans. An inventory of all trees and their condition is taken. To receive TREE CITY USA recognition, the Arbor Day Foundation recommends that a minimum of $1 per capita be set. 4. ARBOR DAY PROCLAMATION. To create an appreciation of trees throughout the community, it is appropriate that an Arbor Day proclamation is made annually and a commemorative tree planting takes place. While these are the guidelines for TREE CITY USA, the City of Prior Lake may be currently meeting three of the four guidelines. A legally constituted body could be either the City Councilor the newly appointed Parks Advisory Committee. We would have to draft a new tree ordinance because the one we have only addresses diseased trees and is adopted by referencing state law which no longer exists. As you are aware, with the greenhouse and the nursery, we are well underway in terms of a community forestry program. In addition, we are encouraged to 1e~ $1 per capita for this program. We currently are spendl.ng about $5,000 annually on 4629 Dakota St. S.E" Prior Lake, Minnesota 55372 I Ph. (612) 447-4230 I Fax (612) 447-4245 TREE CITY, USA page 2 trees so for requirement. done that on a re-instituted. another $5,000, we could easily meet that In re9ards to an Arbor Day proclamation, we have sporad1c basis in the past. That could easily be Dave, please understand that we will not know all the scope and details of this program until we begin implementation of the program guidelines. If you have questions about this program, please see me. Thank you. ~ "ei ,..~ Cbl~ f~' 1f SECTION: 6-7-1: 6-7-2: 6-7-3: 6-7-4: 6-7-5: 6-7-6: 6-7-7: 6-7-8: 6-7-9: 6-7-10: 6-7-11: 6-7-12: 6-7-13 : 6-7-14: 6-7-15: 6-7-16: 6-7-17: 6-7-1: (A) Required: Caliper: Location: SUBDIVISION ORD 87-10 CHAPTER 7 IMPROVEMENTS REQUIRED Trees Topsoil and Sodding sidewalks and Driveways Curb-Stop Ad~ustments street Lightlng Streets Curb and Gutter Water Supply Sanitary Sewer Drainage Cleaning Streets Security Agreement Payment for Installation of Improvements Required Development Contract for Installation of Improvements Financial Guarantee for Subdivider Installed Utilities Financial Guarantee for City Installed utilities at the Subdivider's Request Warranty/Maintenance Bond TREES REQUIRED FOR NEW SUBDIVISIONS: In new subdivisions, trees shall be planted on each lot. Permitted tree species and placement shall be in accordance with details on file in the office of the city Planner. All required trees shall be planted by the builder prior to issuance of Certificate of Occupancy. The following tree specifications shall apply to each platted lot in the proposed subdivision: Required Subdivision Trees: One (1) balled and burlapped street tree will be required per lot frontage and one (1) balled and burlapped front yard tree will be required per front yard. A minimum of two and one-half inches (2 1/2") in trunk diameter measured at ground level. Street trees shall be planted inside the front property line at a distance of at least four feet (4') from the front property line and not more than ten feet (10') from the front property line. Front yard trees shall be planted in the front yard but at a distance of at least four feet (4') from the front property line. 27 -~, . ~ I j j ~ t I J J 1 I 1 I I I \ (B) No required subdivision tree shall be planted inside of any drainage or utility easement or within a forty foot (40') clear view triangle on corner lots. The clear view triangle is the area established for visibility clearance at intersections. The area of the clear view triangle is defined as follows: Beginning at the intersection of the projected lot lines of the corner lot, thence forty feet (40') along one lot line, thence diagonally to a point forty feet (40') from the point of beginning on the opposite line. Location requirements shall apply to rear yards of lakeshore lots. (Ord. 88-08) Wooded Areas: Wooded lots may be exempt from the provisions of this section provided that existing tree cover fulfills the aforementioned requirements for street and front yard trees. (Ord. 88-08) 6-7-5: 6-7-3: TOPSOIL AND SODDING: The builder shall minimum of four inches (4") of topsoil . boulevard, front and side yards. All bo Vard, front and side yard areas shall be sodde .~except those areas that are landscaped. Such soil and sodding shall be installed by the buil prior to he issuance of a Certificate of Occ ncy. LKS AND DRIVEWAYS: Sidew ould be constructed nd collector stre graded to 'nal grades, w' driving sur ce to incl aggregate ba s and/or bicycle 6ng both sides of Driveways shall be minimum acceptable inches (4" ) of 6-7-4: S: The builder shall to the curb stops face prior to the ancy. make all to bring issuance , IGHTING: onform with cil. shall be adopted provided by the 6-7-6: The full width of the right -way of each street dedicated in the plat shall be dedi All streets shall be constructed in accordan with the "Public Works Design Manual". 28 , ( z Make your town a Tree City USA "'~.~' ~ ~, ; I:; "., .. , -;'\. I'" I 1\ 1_: i _..' n ' t.r "\' ~ ' il; , \ I - "- r' ~ "!"t" :""" r ~. , .... J:~~~i\ L;:\"~ TREE CITY USA A COMMUNITY IMPROVEMENT PROJECT SPONSORED BY THE NATIONAL ARBOR DAY FOUNDATION IN COOPERATION WITH THE U.S. FOREST SERVICE, THE NATIONAL ASSOCIATION OF STATE FORESTERS, THE U.S. CONFERENCE OF MAYORS. AND THE NATIONAL LEAGUE OF CITIES. .. . ~ .,. ~.~ .. ;..... ,/;t?41< "~i NEW ORlE^''>, I OUI'>I^" '-0;: . .. TREE (llY USA Thl' N,ltion,ll Arhor D.lY Found.ltion, in cooperation with thl' U.S, Forl'~1 SNvin', thl' N.llional A~sociatioll of St.1te For("lpr~, Ihp US Conl('n'ne I' of M,lYor~. .lnrllhe> N,llion,ll ll',lglll' of Cilil'~. i~ prpp,Hl'd to r('( ognize> lowns .mrl rilip, ,111 ovpr Aml'ric,l who mppt thl' slanrl.lrrl~ of thl' TREE CITY USA progr,lm. When YOll think "hollt It, eVNV community in Amerir.i 's ,1 mini fore~l. All you h,lYe to do is fly from one r>1"re 10 another and you Ciln see th,ll. In m,my instances. however. on closer observ,ltion. you discover that the "forest" isn't hl'ing m,ln,lgerl ilS well as it could be. Trees .He> planterl h,lph,lZ,Hrlly, Dead trees aren't being removed, New trees ,He not twing plant('d or c.Hed for, Cen('r.ll1y. ,1houl h,111 of .111 thE' trpE'S ,1r(, on puhlic proPE'rty" ..1long streets, in parks "nrl .lround f1ublic buildings. II is import.lnt. therPIore, that .1n ongoing community forestry r>rogram is initi.llerl, TREE CITY USA has been desi!1,ned to reco~nize those com- munities that ,He effectively mana~ing their tree resources. lust as important. it is ge,Hed to encoura~e Ihe imr>lementa- lion of " 10C,11 tree milnagement r>rogram baserl on the TREE CITY USA Standards through the profession,llleader- ship of r>.Hticip,lting st.lte for('stNs of the National Associ- .ltion of Stale Foreslers, Public law <}2-288 of 1 <172 gives the state foresters ,lUthority ... THE GRf and resr>onsibility for providing technical services for the "prOI('ction, improvement and establishment of trees and shrub, in urb.ln are,lS. communilies .1nd open sp,Kes." Many st,ltes h,lVe dE'veloped (')(cellenl urb,ln and com- munity forE'stry ,lssisl,lnc(, progr,lms. Contacts may hE' made with loc ill or st"te forestry department oflices, A qUlfk check with the city forester or the Mayor's oHice will tell you whether your community is meetinJl, the stan. dards and therefore is eli~ible for TREE CITY USA recogni- tion. It could be that you need only have a formal Arbor D.lY observance or the current local forestry progr.1m has to he il little hetter defined to hecome eligible, On the other h.lnd, your community m,w have to make a concerted ef. fort to get an effective man.l~ement rrogram underway and TREE CITY st,mdards .1nd guidelines will heir nrovide dIrection. A word about the standards. They are designed for a TREE CITY USA award to be made to the community that has a workilble progrilm in llrb,m/community forestry, The award is not simply for pretty trees. but also for the nro~ram th.lt m.lkes them pretty, The st,lndards ,He .llso designed to be .1S oblectlve as possible. Standards 1 and 2 provide for iln urb.1n/community forestry pro~ram structure in a town or The Four Standards... ~ A Legally Constituted Municipal Tree Body The first step in a municipal fore~lry program is the for. mation of a local organIzation. This can be. a department. bo.Hd, commission. or other authori . In towns of perhaps 1 D.OnO ropu , .1n over, city forestry depMtments with sal.uied em- ployees Me often feasible. These der>artment~ mayor m.1Y not be ~uJ1r>orted by .1dvi~ory bo.uds or ildmlnl~tr,llive commissions. In smaller towns. (It V trep hOMe!~ .He rp(ommpne!erl. Thpy shollld hilve leg.11 ~t,ltu~ ,md he charged with thp rr~ponSlhdltv ior Ihe develop~('nt .Jnn .l(jrr;'inistration of " romprehpnSlv(' lllV (orP~lry program. In m,lnv ~rn.111 towns. Iree hOilrch nol only plan the rro- p,rilm. but r>hY~IC.llly cMry il oul. They thus function as both a hO.He! .md dep.Jrtmenl. It IS recognized lh.tt 'U( (E'ssiul lH'P pro,- ('(I, <ire oftPn COmplE'led hv hP,llItlflCilllon (Ommlltee~, CIVIC ,md service cluh~, elc. Howpvpr. thp~e dinrt, gpnpr"lIy 1.1( k thp (on- tlnlJlly from ve.H to ~'p"r to IHovldp for.1 lown, 101,]1 Ircr> prOi-:r,lnl needs. RIR (JIll'''' 1111(1 ...m.l111p\\ n", ;rn!11 ,)11 O\l'r IIH' ((lllf)lr\ .If(' ('1,,,,1111,. Inr TRfE CITY l.'S," rI'. n!-:I1"""1 Adoption of City Tree Ordinance A.ciIY tree ordjnancp rlp,iina~s the Qen;:ortru.ent or board respon- sible for manilging the city's trees. Such a legally constituted body will assurE' continuity in implementing a local forestry program. The ordinilncf' should srecify the number ilnd qualifications of mf'ml-wrs, thpir Iprm, of offtcf', and dutif" and re~ponsibilitif's Thf' ordinancf' shoulrl include sections on the oppratlon ot the 80ard, liq tree ,pecie, 10 be planted, note ~pilcing and planting location requir('menl~, consider planting as it eHeets utilities and determine public tree care polic.ies. A Comprehensive Community Forestry Program Prior to thf' adoplion of il program. iln inventorv is often taken of alltref's ~rowinp, onpuhlic propertvand their condition noted (healthy. neerls pruning. should be removed, etc.J. After the In. ventory datil i~ compiled, a written report should be prepared for presentation and ar>proval by the City Council The report should be an objective analysis of the town's present tree situation with recommendations for future needs. There are three general activities in a municipal forestry program: planting, maintenance and tree removal. Priorities must be de- termined between and within each activity. For example. a com- munity hit hard with Dutch elm disease must at the outset give highest priority to dead and diseased tree removal. Ideally, a City Tree Board should serve in a planning and ad- visory capacity with a qualified city employee to physically im- plement work plans. In small towns, the Tree Board might have to actually administer and implement the program. Board mem- bers would purchase and distribute trees. arrange publicity, mark trees for removal. stake plantin~ sites, etc. The question of financing a Municipal Forestry Program must be met head on and dealt with realistically. The Arbor Day Founda- tion has set a minimum S 1 per capita for a community to be eligible for TREE CITY USA recognition. believing that this is a minimum amount to begin to underwrite an effective local pro- Rram. With the exception of federal funds for some parks, the cost of tree projects must be borne by the residents of a community- either throup,h taxes or by group or individual efforts. Thus. in developing programs, the Tree Board is urged to look at three areas: (1) what can the individual property owner do; (2) what can be accomplished by community action projects by civic clubs:youth organizations, ete.; and (J) what funds are required to implement the program from the city budget. Arbor Day Observance To create..aD appreciation of trees throughout the community, it is appropriate that an Arbor Day proclamation is made annually and a commemorative tree planting takes place. This can be done on the date designated for the observance of Arbor Day in your state or on an alternate date convenient to your local tree plant- ing season. -liNG OF AMERICA C1t\. Slclnd.ud 3 requires Ihe rrogram to h.1Ye demon~lr,lIed success h.1sed on the judJ.(ement of the state forestPr's of- il( e. St.lndilfd 4. Ihe ,1ctual Arhor [),Jy oh~erv.ln( p hplp~ ere,lte il new awarene~, and .lppre( 1,1I1on oi trE'f'S ,1mong ,III the residents of the community. St.lle forestry personnel will evaluate arplic,ltions from in- dlviduill cities and forward such ev.llualion~ 10 Ihe N.1tional TRff CITY LISA c ommlllpp no I.lff'r lh,ln ()p( pmtwr ~ 1 of I'.I( h c.lll'nd.Jr yP,Jr. Communities th,lt will rt'( ('IV(' the ,m.lrd will tw notifif'd !1pf(Jf(, FplmJ.Jrv 1 S hy Pllhpr Ihe t\rhnr D.Jy Found.ltion or Ihp ,t,ltC' forE'<,ll'r II I~ ,ugg("tPc! Ih,11 ttw ,1( lu,ll TREE CITY USA Aw.HcI 1)(' rrc'~l'nled during your ,lnf1U,ll Arhor D.1Y (el('hr.llion. flpc.llIsC' TREE CITY USA i, .1n ongoing community im- prn\I'f1Wnl progr,lrll. your (omrnuf1ily (.In .1I1c1 should rp-.lprIV im TREE CITY USA dpsign.ltion p,Hh yew. OncC' ,1 community h.1\ rC'cPlvpd rC'( ni-:nllion ,Incl h,J<; mpt Ihe st,lnrlclrd~, it c.1n contclcl lhf' St.ltp fmp,h>r .It Ihp pnd of e,lCh c.1lendM ye.H ,lnd .1pply (or (ontinued rp( oi-:nllion. Communities are encourilged to continue 10 rlpV('lop Iheir urban forestry programs beyond the stcJnd,Hd~ set forth. The !.ample ordinance was designed for use in midwestern communities of average pop- ulation. The ordinance that your community ultimately develops should be designed to fit its spec ific needs. Be it ordained by the City Co the City of State Section I. Definitions Street trees: "Street trees" are he in de- fined as trees, shrubs, bushes, and a other woody vegetation on land lying be een property lines on either side of all st ts, avenues, or ways within the City. Park Trees: "Park trees" are herein defi as trees, shrubs, bushes and all other w y vegetation in public parks having individu I names, and all areas owned by the City. 0 to which the publ ic has free access as a park. Section 2. Creation and Establishment of a City Tree Board. There is hereby created and established a City Tree Board for the City of (state) which shall consist of five members: citizens and residents of this city, who shall be appointed by the mayor with the ap- proval of the Commission. Section 3. Term of Office The term of the five persons to be appointed by the mayor shall be three years except that the term of two of the members ap- pointed to the first board shall be for only one year and the term of two members of the first board shall be for two years. In the event that a vacancy shall occur during th term of any member, his successor shall appointed for the unexpired portion of e term. Section 4. Compensation Members of the Board shall serve compensation. Section 5. Duties and Responsibilities It shall be the responsibility of the Board to study, investigate, council and develop and/or update annually, and administer a written plan for the care, preservation, prun- ing, planting, replanting, rfmoval or dis. position of trees and shrub in parks, along streets and in other publi areas. Such plan will be presented annua to the City Com- mission and upon th r acceptance and approval shall consti te the official com. prehensive city tree plan for the City of State ' The Board, when requested by the City Commission, sh consider, investigate, make finding, re rt and recommend upon any special matt r of question coming with- in the scope of ts work, Section 6. Op, ration The Board all choose its own officers, make its own rules and regulations and keep a journal of its proceedings, A major- ity of the members shall be a quorum for the transaction of business. Section 7. Street Tree Species to be Planted The following list constitutes the official Street Tree species for , State No species other than those included in this list may be planted as Street Trees without written per- mission of the City Tree Board. . 5MaI T.... ....... T_ "",..or Ash. G_ C"lNoppit. Hockbony f1o,,~,.. C." HoMytocllll GoI~ ~in Tift llhomIftll H.wlhomo (11I,1 1_ or ..... P.... 8rodford ....,..j IIP,I Redbud ""'Ibony. Red So.opborry llrudltM. ....it. lolO<. lop Tift O.k. E,.I"" ~~:mh.:u='1 ~~. loP...... Strvl(tbtny Pwun 8on:h.R_ C>wllfOt,lrce ~~. !horniest' P............. PopI... _.. s....".. '-- ,.... califtllft. KtnluCk. Mopit, Sliver Mopit. Sutor OAk. Bur s\'<._ SYUtnClft. london pl.ntrft conon....,..j (Conon~,. I'N~I Section 8. Spacing The spacing of Street Trees will be in ac- cordance with the three species size classes listed in Section 7 of this ordinance, and no / trees may be planted closer together th~ the following: Small Trees, 30 feet; M um Trees, 40 feet; and Large Trees, 50 f t; ex- cept in special plantings design or ap- proved by a landscape archit Section 9. Distance from Cur The distance trees may planted from curbs or curblines and llewalks will be in accordance with th three species size classes listed in Sectio 7 of this ordinance, and no trees may planted closer to any curb or sidewalk n the following: Small Trees, 2 feet; M ium Trees, 3 feet; and Large Trees, "- ~t. Section 10. l(istance from Street Corners and Fireplugs No Street Tfee shall be planted closer than 35 feet oLany street corner, measured from the poil)l" of nearest intersecting curbs or curbline'S. No Street Tree shall be planted closer ,than 10 feet of any fireplug. ection II. Utilities o/Street Trees other than those species 's,r'ed as Small Trees in Section 7 of this dinance may be planted under or within lateral feet of any overhead utility wire, o over or within 5 lateral feet of any under- gr und water line, sewer line, transmission Ii or other utility. Secon 12. Public Tree Care The ity shall have the right to plant, prune, mai tain and remove trees, plants and shru s within the lines of all streets, alleys, aven , lanes, squares and public grounds, as ma be neces!.ary to insure public !.afety or to p rve or enhance the symmetry and beauty f such public grounds. The Ci Tree Board may remove or cause or order to be removed, any tree or part thereof ich is in an un!.afe condition or which by ason of its nature is injurious to sewers, el tric power lines, gas lines, water lines, or ot public improvements, or is affected with ny injurious fungus, insect or other pest. T 's Section does not prohibit the planting 0 Street Trees by adjacent property owners providing that the selec- tion and location f said trees is in accord- ance with Section 7 through 11 of this ordinance, Section 13. Tree Topp B It ,h..1I be unlawful as a ormal practice for any person, firm, or city partment to top any Street Tree, Park Tree, r other tree on public property. Topping is efjned as the severe cutting back of limbs t stubs larger than three inches in diameter ithin the tree's crown to such a degree so s to re- move the normal canopy and disfi re the tree, Trees severely damaged by st s or other causes, or certain trees under u 'Iity wires or other obstructions where ot r pruning practices are impractical may exempted from this ordinance at the d termination of the City Tree Board, Section 14, Pruning, Corner Clearance Every owner of any tree overhanging any street or right-of-way within the City sh~1I prune the branches so tNt such branches shall not obstruct the light from any street lamp or obslruct the view of any street inter- section and so that there shall be a clear space of eight feet (8') above the surface of the street or sidewalk, Said owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the publ ic. The Gty shall have the right to prune any tree or shrub on private property when it interfer~ith the proper spread of light along ~ street from a street light or inter- ferevWith visibility of any traffic control device or sign, Section 15. Dead or Diseased Tree Removal on Private Property The City shall have the right to cause the emoval of any dead or diseased trees on t>rivate property within the city, when such trees constitute a hazard to life and prop- erty, or habor insects or disease which con- stitute a potential threat to other trees within the city. The City Tree Board will notify in writing the O\Nners of such trees. Removal shall be done by !.aid owners at their own expense within sixty days after the date of service of notice. In the event of failure of owners to comply with such provisions, the City shall have the authority to remove such trees and charge the cost of removal on the owners property tax notice. Section 16. Removal of Stumps All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump sha II not project above the surface of the ground. Section 17./nlerlerence with City Tree Board It shall be unlawful for any person to pre- vent, delay or interfere with the City Tree Board, or any of its agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying, or removing of any Street Trees, Park Trees, or trees on private grounds, as authorized in this ordinance. Section 18. NboriSI5 License and Bond It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating, or removing street or park trees within the City without first applying for and procuring a license, The license fee shall be S2S annually in advance; provided, however, that no license shall be required of any public service company or City em- ployee doing such work in the pursuit of their public service endeavors. Before any license shall be issued, each applicant sNiIl first file evidence of possession of liability insurance in the minimum amounts of SSO,ooo for bodily injury and S 1 00,000 property damage indemnifying the City or any person injured or damaged resulting from the pursuit of such endeavors as here- in described. Section 19. Review by City Commission The City Commission shall have the right to review the conduct, acts and decisions of the City Tree Board. Any person may appeal from any ruling or order of the City Tree Board to the City Commission who may hear the matter and make final decision, Section 20. Penalty Any person violating any provision of this ordinance shall be, upon conviction or a plea of guilty, subject to a fine not to ex- ceed S .Please note: The above species are offered as size-class examples only and may not be suitable for planting in your area. Please check with local sources to develop a species list for your area, TREE CIlY USA ^ppllcatAon (To be completed by the Communtiy) This application is to be completed by an appropriate city official (mayor, city forester, chairman of the tree board, etc.), Please provide the information requested in the spaces below and mail with supportive materials to your state forester no later than December 31. He will evaluate your application and forward it to the National Arbor Day Foundation. You will be advised before February 15 whether your community qualifies for the annual TREE CITY USA recognition. As of the city of , I herewith make application for thiS {title I community to be officially recognized and designated as a TREE CITY USA, having achieved the standards set forth by the National Arbor Day Foundation as noted below. STANDARD 1 A Legally Constituted Tree Body (List date of establishment of board, and members and meeting dates; or name of department and manager) STANDARD 2 A Community Tree Ordinance (List date established and attach the ordinance) STANDARD 3 STANDARD 4 An Active, Comprehensive, Community Forestry Program Supported by a Minimum of $1,00 Per Capita (Attach materials describing the annual work plan and how it is implemented, Indicate amount and method of funding and plan adopted. Consider all funds spent by the community for tree care. Along with the budget of the shade tree department or board, items such as tree pruning by public utilities, the park departments' tree expenditures, dead tree removal, and other labor and funds for management of the city's forest may be included,) Community Total Tree Management Expenditure.. Population Arbor Day Proclamation and Public Commemorative Tree Planting (List date and attach program of acitivities) Signed: Name Title Date Please complete for community: Mayor or equivalent Name; Title: Address: City Forestry Contact Name: Title: Address; Phone #: Phone #: NOTE: The National Arbor Day Foundation would also appreciate your sending photography. news stories. brochures. and other documentation of your community forestry work for possible inclusion in its newsletter, Arbor Day News. However. such additional material is not necessary for your commu- nity to be designated as a Tree City USA. ~~~~~~~ Gerblf'lcoblon (To Be Completed by the State Forester) (Community) The above named community has made formal application to this office. I am pleased to advise you that we reviewed the application and have concluded that, based on the information contained herein, said community is eligible to be recognized and so designated as a TREE CITY USA, for the calendar year, having in my opinion met the four standards of achievement in urban forestry. (year) Signed State Forester State Date Person in State Forester's Office who should receive recognition material Name: Title: Address: Phone II: The History Of Arbor Day In 1872. J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aSide for the planting of trees. This holiday was to be called Arbor Day" and It would recognize the Importance of trees In our lives The first Arbor Day In 1872 was a great success Over one m,;:on trees were planted and the Idea spread to neighbOring states. Today. over one hundred years later. Arbor Day IS celebrated In all fifty states and In countnes throughout the world. J Sterling Morton's dream of a greener tomorrow IS still alive. thanks to the National Arbor Day Foundations TREE CITY USA program Our cities are becoming greener. more healthier places in which to live. And people ev. erywhere are more aware of the need to plant trees For as J. Sterling Morton said. trees are "a JOY forever". The National Arbor Day Foundation The National Arbor Day Foundation is a nonprofit organlzalion working toward the goal of improving tree planting and care throughout the country. especially in the natlon's cities The Foundation'S TREE CITY USA program is sponsored in cooperation with the U.S. Forest Service. the National Associa. lion of State Foresters. the U.S. Conference of Mayors. and the National League of Cilles. The program prOVides guidelines which help communities establish a comprehensive care program for their frees QualifYing cities receive a TREE CITY USA flag. plaque. and road Signs to place at community entrances The National Arbor Day Foundalion also sponsors the annual Arbor Day Awards program. Outstanding conservation and tree planting projects undertaken by companies. organizations. Indl. viduals and the media are recognized for achievement Past Na. tional Arbor Day Award winners Include Lady Bird Johnson. McDonalds and Charles Shultz. creator of the "Peanuts" cartoon series Through the Foundation's communication and education pro. grams. millions of Americans have been made more aware of the need to plant trees. and of their importance In our lives. A national public service advertising campaign. approved by the Ad Council. tells the story of trees and their rOle in the environment. The Foundation publishes materials on ways Arbor Day can be ellec. lively observed in schools and communities. and provides In for. mat,onal brochures to assist local groups in their Arbor Day activities. Arbor Lodge J Sterling Mortons Nebraska City home. Arbor Lodge. IS a stately 52 room manSion. Nowa state hlsto"cal park managed by the Nebraska Gi'lme and Parks CommiSSion. the grounds contain a maqnlflCf1nt i'lrboretum of more than , 60 valletles of trees Mi'lny fine I'xi'lmples of American trees (]'ON here as well as rare fr(!f1S from the fi'lr corners of the world The Ni'll1nni'l1 Arhor Oi'ly Foundi'lllon s J Sterling Morton Orchi'lrd a"d Tree Farm "es d'. rectly adli'leenl to Arbor Lodge A part of the original Morton es' tate. It. like Arbor Lodge. is a Registered National HistOrical Landmark For furthC'r inform.llion on Ihl' TREE CITY lI5A rro~r.llll. .1Ii,Iin~ of I\rhor D,lY <I.110,.or your 51.110 forP,IC'r', addre,,". cont.lel: The National Arbor Day Foundation 100 Arbor Avenue Nebraska City. Nebraska 68410 (402) 4i4.5655 d6990006