Title
An Ordinance amending Chapter 17B of the Code of Ordinances of the Lexington-Fayette Urban County Government, relating to street trees, as follows: amending Section 17B-1(6) to define tree planting easement to mean a planting area with a maximum width of ten feet located immediately adjacent and parallel to the curb or edge of pavement or in a designated easement per an approved development plan; amending Section 17B-2(c) to incorporate gender-neutral language; amending Section 17B-3 to provide requirements for tree removal and replacement; amending Section 17B-6(e)(1) to authorize the Tree Board to administer a Grant Program, apply for Grants, implement financial incentive programs, and distribute funds as appropriated by the Urban County Government; amending Section 17B-7(a) to provide the procedure for the Div. of Environmental Services to order the removal and replacement of a topped street tree; and amending Section 17B-8 to clarify responsibility for tree maintenance in public rights-of-way or designated tree planting easements. [Council Office, Hall]
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BE IT ORDAINED BY THE COUNCIL OF THE LEXINGTON-FAYETTE URBAN
COUNTY GOVERNMENT:
Section 1 - That Section 17B-1(6) of the Code of Ordinances be and hereby is amended to read as follows:
Tree planting easement shall mean a planting area with a maximum width of ten (10) feet located immediately adjacent and parallel to the curb or edge of pavement or in a designated easement per an approved development plan.
Section 2 - That Section 17B-2(c) of the Code of Ordinances be and hereby is amended to read as follows:
Tree planting. The Div. of Environmental Services May waive any of the conditions in Granting a permit where such action would promote the preservation of the health, integrity or appearance of an area's tree population. Further, where such action would promote the public welfare, the urban forester or their designee May condition the Granting of a permit upon the applicant's Agreement to plant only a certain species of tree.
Section 3 - That Section 17B-3 of the Code of Ordinances be and hereby is amended to read as follows:
Sec. 17B-3. - Tree removal and replacement.
(a) It shall be unlawful for any person to remove a tree larger than three (3) inches in diameter, measured at a point four and one-half (4½) feet above the ground within the Urban County Government right-of-way without obtaining a permit from the Div. of Environmental Services. The Div. of Environmental Services can order the property owner at their expense to replace the removed tree in accordance with the requirements set forth in Section 17B-2(b), any street tree that has been removed pursuant to this subSection.
(b) The permit shall be Granted provided the tree to be removed is dead or dying.
(c) The Div. of Environmental Services May issue permits for the removal of live trees only in special circumstances. Instances where a permit for the removal of a live tree May be issued include, but are not limited to, the following:
(1) The tree is a threat to the public safety;
(2) The tree is a threat to the health of other trees in the community; or
(3) The tree is to be replaced by a more desirable tree.
(d) If the Div. of Environmental Services determines that a street tree is a hazardous tree, the div. can order the property owner to remove the hazardous tree, including the associated stump, in a timely manner, as determined by the Div. of Environmental Services at the property owner's expense. The Div. of Environmental Services can order the property owner to replace at the property owner’s expense any street tree that was removed pursuant to this subSection.
(e) The Div. of Environmental Services can order the property owner to remove any street tree, including the associated stump, planted without a permit, or in violation of permit conditions, at the property owner’s expense. The Div. of Environmental Services can order the property owner to replace at the property owner’s expense any street tree that was removed pursuant to this subSection.
(f) Nothing contained in this Chapter is intended to infringe on the authority of the urban county engineer, pursuant to KRS 179.070, to remove trees from the right-of-way of any publicly dedicated Rd. when the trees become a hazard to traffic. If a tree is removed from the right-of-way under the authority of the urban county engineer as provided in KRS 179.070, the adjacent property owner shall bear the cost and responsibility of removing any associated stump and replacing the tree.
Section 4 - That Section 17B-6(e)(1) of the Code of Ordinances be and hereby is amended to read as follows:
To promote urban forestry, including the ability to distribute funds as appropriated by the Urban County Government, administer a Grant Program, implement financial incentive Programs, or apply for Grants, and advise appropriate municipal agencies on arboricultural matters.
Section 5 - That Section 17B-7(a) of the Code of Ordinances be and hereby is amended to read as follows:
It shall be unlawful as a normal practice for any person to top any tree within the urban county right-of-way or designated tree planting easement. "Topping" is defined as the severe cutting back of limbs to stubs larger than three (3) inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or trees under utility wires or other obstruction where other pruning practices are impractical, can be exempted from this Section only by written approval of the urban forester or their designee. The Div. of Environmental Services can order the property owner to remove and replace at the property owner’s expense any street tree that has been topped pursuant to this subSection.
Section 6 - That Section 17B-8 of the Code of Ordinances be and hereby is amended to read as follows:
Sec. 17B-8. - Tree maintenance, public rights-of-way or designated tree planting easement.
The property owner, and all subsequent property owners, shall be responsible for the full care of the street tree, including watering, pruning, removal of dead or diseased limbs, insect control, removal of any vine or other invasive plant or growth that masks potential defects of the tree, and the replacement of any missing or dead tree within the public right-of-way or designated tree planting easement. The property owner shall also be responsible for any damage to existing utilities caused by the tree installation. The maintenance, reservation, and replacement obligations established in this Chapter apply to all street trees, including those planted pursuant to permit, those required by development approval, those shown on an approved subdiv. plat, and those historically present in the right-of-way or designated planting easement. These obligations are conditions of property ownership and shall automatically transfer to all future owners without the need for separate notice, disclosure, or recordation.
It shall be unlawful for the owner or occupant of any building or lot to permit any tree, including street trees, to grow in a manner which interferes with a normal sidewalk located on such lot or within an Urban County Government right-of-way adjoining such lot, or street traffic, or to grow so as to pose a threat to safety or public rights-of-way due to obstruction of view, obstruction of passage, or in any other manner.
The minimum clearance of any overhanging portion thereof shall be seven (7) feet over sidewalks and twelve (12) feet over all streets except truck routes which shall have a clearance of fourteen (14) feet.
Section 7 - That this Ordinance shall become effective on the date of its passage.
PASSED URBAN COUNTY COUNCIL:
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MAYOR
ATTEST:
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CLERK OF URBAN COUNTY COUNCIL
PUBLISHED:
0817-26:JTH:4922-1528-4945, v. 2