Copyrighted by SPRINGDALE CODE & Municipal Code Corporation, 1998.
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ARTICLE VI. ------------
Cross reference(s)--Landscape and buffers, ch. 56; parks and recreation, ch. 78.
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DIVISION 1. Secs. 42-126--42-150. Reserved.
DIVISION 2. ------------
Editor's note--Ord. No. 4120, §§ 1--9, adopted Oct. 9, 2007, added provisions that were not specifically amendatory. At the editor's discretion, said provisions were included herein as §§ 42-151--42-159.
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Sec. 42-151. Purpose.
It is the purpose of this division to promote and protect the public health, safety, and general welfare by providing for the development of a community forestry plan to address the planting, maintenance, and removal of public trees in order to promote the benefits of our community forest resources within the city.
(Ord. No. 4120, § 1, 10-9-07)
Sec. 42-152. Definitions.
[The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]
Dripline means an imaginary vertical line that extends downward from the outermost tips of the tree branches to the ground.
Hazardous tree means a tree or tree parts with high probability of falling or causing injury or property loss; also, a tree harboring insects or a disease that could be detrimental to surrounding trees.
Person means an individual, firm, corporation, partnership, business, group of individuals, city department or other entity which acts singly or collectively for a common purpose.
Public grounds means areas including street rights-of-way, alleys, parks, medians, substations, treatment plants, plazas, squares, public buildings and any other area designated for public use.
Street right-of-way means the area designated for city improvements on both sides of the street.
Topping, also referred to as stubbing, dehorning and heading; it is the severe removal of the tree canopy back to large stubs.
Tree means any self-supporting woody perennial plant, usually having a main stem or trunk and many branches, and at maturity normal attaining a trunk diameter greater than three inches at DBH (diameter breast height) and a height of over ten feet.
(Ord. No. 4120, § 2, 10-9-07)
Sec. 42-153. Administration.
(a) A tree advisory committee will be established and serve in an advisory nature with the purpose of providing advice to the mayor and city council as to the management of the community forest of Springdale, in accordance with the intents and purposes of this division.
(b) The mayor will designate one of the existing department heads to coordinate and oversee all provisions of this division including the work of the tree advisory committee.
(Ord. No. 4120, § 3, 10-9-07)
Sec. 42-154. Establishment of a tree advisory committee.
The purposes of the tree advisory committee shall be promoting the responsible planting of trees on public and private property, public education about trees, promotion of proper maintenance of trees, advocating trees within the city, and developing innovative and joint funding for projects from a variety of sources.
(1) The committee shall consist of a total of seven members, with all members being residents of the city, and shall be appointed by the mayor.
(2) Terms of membership shall be for a period of four years. However, three of the initial membership terms shall be for a period of two years so as to provide for staggered membership terms. Should a member be unwilling or unable to serve the full membership term, the vacancy shall be filled, for the unexpired term, by the mayor.
(3) Staff support to the committee shall be appointed by the mayor from employees of the department of planning, department of public works and/or the department of parks and recreation.
(4) Members of the committee shall serve without compensation.
(5) The committee shall hold regular meetings and may call special meetings if necessary to carry out its duties.
(6) The committee shall choose its own officers, make its own rules and regulations and keep a journal of its proceedings and file them with the city clerk.
(7) It shall be the responsibility of the committee to study, investigate, consult, develop and update annually, a written recommendation for the care, preservation, pruning, planting or removal of trees and shrubs in parks, along streets, and in other public areas. Such recommendation will be presented annually to the mayor and city council.
(8) The committee will investigate available grants, loans or contributions from other governmental agencies, public or private corporations or individuals to support their recommendations.
(9) The committee will encourage and foster the planting of trees and other vegetation for the beautification of the city; and disseminate information to the public concerning selection and care of trees.
(Ord. No. 4120, § 4, 10-9-07; Ord. No. 4128, § 4, 10-23-07)
Sec. 42-155. Tree planting, maintenance and removal.
It is the public policy of the City of Springdale to maintain existing trees on public property and to encourage the planting of new trees within Springdale.
(1) The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the public right-of-way of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to insure public safety or to preserve and enhance the symmetry and beauty of such public grounds.
(2) The city shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light, or interferes with visibility of any traffic control device or sign or sight triangle at intersections.
(3) Each city department shall be responsible for enforcing this division on lands for which it is otherwise responsible. The mayor or his or her designee will ensure that the applicable department will administer this division in its assigned area of responsibility.
(4) It shall be a violation of this division to damage, destroy or mutilate any tree in a public right-of-way or on other public grounds, or attach or place any rope or wire, sign, poster, handbill or any other object to any such tree.
(5) Trees shall not be planted to conceal a fire hydrant from the street or impede the line of sight on any street.
(6) City employees performing tree work on public grounds shall be trained in basic tree science and the proper techniques of tree pruning.
(7) Public utility companies shall notify the city prior to pruning any tree located on city-owned property or street right-of-way for the purpose of maintaining safe line clearance and shall carry out all such work in accordance with accepted arboricultural practices.
(Ord. No. 4120, § 5, 10-9-07)
Sec. 42-156. Hazardous and nuisance trees.
(a) The city shall have the right to cause the removal of any dead or diseased trees within the city, when such trees constitute a hazard to life or property, or harbor insects or disease which constitutes a potential threat to other trees within the city. In the event of failure of owners to comply with such provisions, after having been given seven days notice, the city shall have the authority to remove such trees and charge the cost of removal thereof as a lien on the property pursuant to A.C.A. § 14-54-903.
(b) It shall be the duty of any person or persons owning or occupying real property bordering on any street upon which property there may be trees, to prune such trees in such manner that they will not obstruct or shade the street lights, obstruct the passage of pedestrians on sidewalks, obstruct vision of traffic signs, or obstruct view of any street or alley intersection.
(Ord. No. 4120, § 6, 10-9-07)
Sec. 42-157. Tree protection.
No person shall deposit, place, store, or maintain upon any public place of the municipality, any stone, brick, sand, concrete, or other materials which may impede the free passage of water, air, or nutrients to the roots within the dripline of any tree growing therein, except by written permit of the city.
(Ord. No. 4120, § 7, 10-9-07)
Sec. 42-158. Penalty.
Any person violating any provision of this division shall be subject to the penalties set out in section 1-9 of this Code.
(Ord. No. 4120, § 8, 10-9-07)
Sec. 42-159. Conflicts in regulation.
(a) Where a conflict arises between this division and another ordinance, the more stringent requirement shall apply.
(b) The provisions of this division are declared separable, and if any provision shall for any reason be held illegal, or invalid, it shall not affect the validity of the remainder of the division.
(Ord. No. 4120, § 9, 10-9-07)
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TREES*
GENERALLY
PLANTING, MAINTENANCE AND REMOVAL*