15-5-4. Street trees.

(1) In all parkstrips and right-of-ways, street trees shall be planted of a species and at a spacing as approved by the zoning administrator. Any tree planted shall comply with this Title and be a species approved by the zoning administrator. The species selected shall be resistive to road salts, solvents and debris, as well as be drought tolerant. Street trees shall have a minimum trunk size of 2½ inches in caliper. Root systems in the species shall be downward rather than shallow to prevent damage to infrastructure.

(2) It shall constitute a violation of this Section for any person to remove a compliant street tree or cause a street tree to be removed unless it is replaced with a tree of the same species.

(3) Spacing of street trees shall be no closer together than the following: small trees, 15 feet; medium trees, 25 feet; and large trees, 35 feet; except in special plantings designed or approved by a landscape architect and the zoning administrator.

(4) The distance trees may be planted from curbs or curblines and sidewalks is no closer than three feet.

(5) No street tree shall be planted within 40 feet of any street corner, measured from the point of nearest intersecting curbs or curblines. No street tree shall be planted within ten feet of any fire hydrant.

(6) No street trees may be planted under or within 10 feet of any overhead utility wire.

(7) The county shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, roads and right-of-ways as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds. The Department of Engineering may remove or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or is affected with any injurious fungus, insect, or other pest.

(8) Adjacent property owners are responsible to adequately water and maintain the landscaping and street trees.

(9) It shall be unlawful as a normal practice for any person, firm, or county department to top any street tree, park tree, or other tree on public property. Topping is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Crown reduction by a qualified arborist may be substituted, where appropriate. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this section at the determination of the zoning administrator.

(10) All pruning of protected trees shall conform to the current ANSI A-300 standards. There shall be no flush cuts, stub cuts, or lions tailing of the tree's crown.

(11) In order to maintain the overall forest, reasonable efforts shall be made to replace trees that are removed and to protect quality trees that are endangered. Trees removed shall be replaced within one year. The location and species of any replacement tree shall be determined by the zoning administrator. Trees of desirable species and good health shall be protected as much as possible from damage during construction, sidewalk repair, utilities work above and below ground, and other similar activities. The zone of protection shall include the ground beneath the canopy of the tree.

(12) Any person aggrieved by the administration or interpretation of any of the terms or provisions of this Section by the zoning administrator may appeal to the board of adjustment which, after a hearing, with notice to the aggrieved person, may reverse, affirm, or modify, in whole or in part, the order, requirement, decision, or determination as ought to be made, and to that end shall have the powers of the zoning administrator or official from whom the appeal is taken. Any action pursuant to this section shall not stay any enforcement proceedings. (Ord. 04-18, 7/13/04 )