HomeMy WebLinkAbout7 - "Tree City USA "
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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
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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.
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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
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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.
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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
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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.
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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)
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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.
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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.
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(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
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Make your town a Tree City USA
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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.
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NEW ORlE^''>, I OUI'>I^"
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.. 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