Chapter 156 URBAN FORESTRY.


Section 156-5 PLANTING, MAINTENANCE AND PROTECTION OF PUBLIC TREES.


A.     Planting.

1.     Any tree or shrub planted on public property shall be of an approved species as outlined in "The Preferred Species List" adopted by this Commission.

2.    Any tree or shrub not on the preferred species list shall not be planted on public property without the specific approval of the Urban Forestry Advisory Commission.

3.      Any tree or shrub shall be properly planted according to the standards and guidelines adopted by this Commission.

B.    Maintenance.

1.      All outside contractors hired for pruning and/or maintenance of Town owned trees shall meet the following minimum requirements:

a.    Have current Town Business License.

b.      Provide proof of liability and Workmen's Compensation Insurance in amount established by the Town Council.

c.      Have at least one Virginia State certified arborist on staff to generally oversee all work.

2.     All Town-owned trees shall be maintained in accordance with the American National Standards Institute's ANSI A300 Standard Practices (or most recent update).  No town-owned tree shall be "topped" nor shall any climbing spurs be used when working on live trees.

3.     All tree pruning around utility lines shall be performed in accordance with the guidelines in "Pruning Trees Near Electric Utility Lines" by Dr. Alex L. Shigo.

4.     No private citizen shall cut, prune, or elevate any town-owned tree in conflict with guidelines adopted by the Urban Forestry Advisory Commission, without prior approval of the Commission.

5.    The Town of Front Royal should maintain elevation of Town owned trees to a height of thirteen (13) feet over roadways and a height of eight (8) feet over public sidewalks where possible.

6.    Town maintenance of trees and vegetation in public rights-of-way.
    1. The Town is not required to cut and/or remove weeds, brush, plants, grass or other vegetation growing in the public alleys, unimproved streets and other unimproved rights-of-way except as provided in Section 170-2 of the Town Code.  Any adjacent property owner, tenant or citizen, at their own expense, may cut and/or remove any weeds, brush, plants, grass or other vegetation, except trees in excess of three (3) inches (3") caliber measured 12" from the ground, growing in the public alleys, unimproved streets and other unimproved rights-of-way and in the unimproved portion of the public right-of-way lying between any public property and private property lines.

b.     If any tree growing in a public alley, unimproved street or other unimproved right-of-way is dead or growing in such a manner that the branches, limbs or other parts of the tree extend or protrude onto private property in a manner that constitutes a danger to citizens or property, the Town will cut and remove or prune such tree once it has been notified of the condition of the tree.  It shall be the responsibility of the adjoining property owner or tenant to notify the Town when a tree is growing in such a manner that it needs to be cut and removed or pruned.

C.    Protection.

1.    Abuse, mutilation, or damage to public trees.
         
Unless specifically authorized by the Urban Forestry Advisory Commission, it shall be unlawful for any person to intentionally damage, cut, carve, transplant or remove any tree on public property, nor attach any rope, wire, nails, advertising posters or other contrivance to any public tree, nor allow any gaseous liquid or solid substance which is harmful to such trees to come in contact with them, nor set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any public tree.  Any person found to violate the provisions of this section shall be responsible for the cost of repair, or removal and replacement, of any public tree so damaged.  The owner of any vehicle that accidentally damages any tree on public property shall be responsible for the cost of repair, or removal, and replacement, of any public tree damaged.

2.    Protection of trees.

a.        Where any excavation or construction of any building or structure is proposed within the dripline of a tree located on any street or other publicly owned property, such tree shall be guarded with a good substantial fence placed at least three (3) feet from the trunk of the tree, or at a distance in feet from the tree equal to the diameter of the trunk measured in inches at breast height, whichever is greater.  All equipment, building material, dirt or other debris shall be kept outside the barrier.

b.    Except in an emergency situation as determined by the Town Manager, no person shall excavate any ditches, tunnels, trenches, or lay any drive within a distance equal to one-quarter (1/4) the distance from the dripline to the trunk of any public tree without approval of the Urban Forestry Advisory Commission. When a tree is removed on an emergency basis the Urban Forestry Advisory Commission will be notified so proper tree replacements can be made where appropriate.

(Ord. No. 10-02 Amended (b) 5-28-02)

c.      To the maximum extent possible, all Town Department will coordinate with the Urban Forestry Advisory Commission during the planning phase of public improvements that might require the removal of or cause injury to any street tree, or its root system, or interfere with the fulfillment of any adopted street tree plan. The Commission's response should include recommendations as to whether removed trees are to be replaced and if so, the type of replacement to be planted.

(Ord. No. 10-02 Amended (c) 5-28-02)

d.  When advance coordination with the Urban Forestry Commission is not practibable due to unforeseen or emergency circumstances, the Town Departments should request the Commission's recommendations on an expedited basis.  In such instances, the Commission will make every effort to respond within forty-eight (48) hours and will forward its recommendations through the Office of the Town Manager.

(Ord. No. 10-02 Added (d) 5-28-02)

e.  If in the opinion of the Commission the tree being considered for removal is a heritage specimen, or other tree of significant historical status, then the decision of the Commission shall be binding unless appealed to the Town Council pursuant to Section 156-7.

(Ord. No. 10-02 Added (e) 5-28-02)

3.    Placing materials on public property.


Except for refuse collection activities, no person shall deposit, place, store or maintain upon any public place of the Town any stone, brick, sand, concrete or other materials that may impede the free passage of water, air and fertilizer to the roots within the dripline of any tree growing thereon, except by written permit of the Urban Forestry Advisory Commission.

4.    Improper planting.


Whenever any tree is planted or set out in conflict with the provisions of this chapter, the Urban Forestry Advisory Commission may pursue removal of said tree and initiate effective remedies.