Tree Board

Clarksville Tree Board 9, February 2022 @ 4:00 PM 4 Floor Staff Conference Room th City Hall Agenda 4:00: Call to order—Wes Powell Adoption of minutes from previous meeting. Continuing business: 1. City Forester Update – Kathrine a. Downtown TAEP Grant tree replacement b. Riverside Dr. trees c. Tree Board University https://treeboardu.org/ d. Tree City USA e. Landmark Tree map complete Old business: 1. Art Contest- push out poster a. Deadline to enter art is March 1, 2022 2. Tree City Growth Award categories a. Community Survey Questions- review and approve b. Canopy Survey 3. TN Arbor Day Tree Give-away at Trahern Mansion March 4, 2022 New business: 1. Tree Board Member Roles a. Vice Chairperson b. Secretary/Treasurer c. Social Media and Communications Liaison d. Special Event Planner e. Educational Outreach Planner Other business: 1. City Website Updates a. Review membership roster and contact information b. Board description of duties and roles c. Meeting Calendar d. Application for commissions and boards needs to be submitted annually i. https://clarksvilletn.seamlessdocs.com/f/BoardCommissionApp ointment Tree Board Membership: Updated November 2021 Bryan Beuscher brian.beuscher@cdelightband.com 931-302-8174 Nov. 19 – June 22 Karla Kean (replaced Carter Briggs mid-term) kkean@utk.edu 931-436-6233 July 19 – June 22 Linda Friend Sept 2021 llfriend76@gmail.com 504-290-1652 July 21 – June 24 Sheela Clark Sept 2021 sheelaclarkmanager@hotmail.com 931-801-0087 July 21 – June 24 Wes Powell powellw@apsu.edu 931-624-6356 July 19 – June 22 Levi Main Sept 2021 lmain87@gmail.com 931-257-1950 July 21 – June 24 Alexandria Wills willsa@apsu.edu 931-624-8851 June 20 – May 23 Councilperson Ashlee Evans ashlee.evans@cityofclarksville.com -------------------------- Kathrine Stevenson, City Forester Eddie Combs, CDE representative John Hillborn, Interim Director for Facilities and Building Maint. Mayor Joe Pitts Chapter 17 - TREE MANAGEMENT, CITY FORESTER, AND TREE BOARD[1] • • Sec. 1-1701. - Applicability. • The city shall have full power and authority over all trees and shrubs located within street and utility rights-of-way and easements; parks and public places of the city and all others areas owned by the city; and to trees, shrubs and plants located on private property that constitute a hazard or public nuisance as described herein. (Ord. No. 32-2009-10, 10-9-09) • Sec. 1-1702. - Provisions to be construed to effectuate purposes and intent; conflicts with zoning laws. • The provisions of this chapter are to be liberally construed to effectuate the purposes and intent expressed in this chapter, but in the event any one (1) or more provisions herein conflict with any zoning or building code ordinance or law the latter shall control. (Ord. No. 32-2009-10, 10-9-09) • Sec. 1-1703. - Definitions. • Certified arborist. One who is currently certified as such by the International Society of Arboriculture. City forester. One who is hired by the city to develop, administer and oversee the city urban forestry program, by planting, maintaining, and removing trees, and conducting community outreach activities. The city forester is available to consult with contractors, utilities, organizations, and citizens on matters involving trees. City public tree. A tree which the city intends to conserve and maintain in an area owned by the city, including parks, the grounds of city public buildings, golf courses, and other city-owned areas to which the public have free access. Crownspread. The distance from the ends of branches on one (1) side of a tree, along a straight line through the trunk, to the ends of the branches on the other side. Often, an "average crownspread" is determined by averaging two (2) or more crownspread measurements, such as the maximum spread along with the minimum spread. Drip line. An "outline" of the crownspread, created by water droplets falling to the ground from the farthest reach of each branch from the trunk. Hazard or nuisance tree. A tree with structural defects likely to cause failure of all or part of the tree, which could strike a "target" within the city limits, or which poses a threat to public health, welfare or safety, or to other trees or vegetation due to disease or insect infestation. A target can be a person, vehicle, structure, or place where people are likely to gather or visit regularly. Landmark tree. An individual tree or tree group identified as a unique community asset, based on its rarity, size, age, association with an historical or significant event or person, or contribution to scenic enhancement of the city. To qualify as a "landmark tree," a tree must measure at least thirty (30) inches diameter at breast height (DBH), or at least seventy-five (75) percent of the recorded size of the state champion tree of the same species, as verified by the City Forester. Line clearance. Removal of limbs and branches from an above ground utility easement or right- of-way. Private owner. A private individual, or private non-governmental organization or entity. Private tree. A tree growing in an area held by a private owner and not under the control of the city. Public area. Land that is owned, leased or controlled by the city to which the general public has access. Public nuisance. Any woody plant (tree or shrub) which: has an infectious disease or severe insect problem; hollow trunk or limb(s); presents a hindrance to vehicular or pedestrian passage; obstructs the view of street lights, traffic lights or signs; or poses a safety or health hazard to residents, pedestrians, vehicles, or other property, to include utilities. Public utility. That operating segment of local government, whether a part of city government or not, which has monopoly control of a specific utility system within the borders of the city. Selective pruning. Selective removal of damaged, diseased or dead plant material, or thinning of trees using best industry practices for removal of twig, branch or limb at a point where the tree is likely to form a callus to seal the cut. Shrub. A woody plant, usually with multiple stems capable of growing to a height of up to fifteen (15) feet. Street tree. A tree growing within a public right-of-way along a street, in a median or in a similar area where the public right-of-way borders areas held by private owners. Topping. The severe, non-selective cutting or heading back of limbs to stubs which are two (2) inches or more in diameter, within the tree's crown area to such a degree as to remove more that twenty-five (25) percent of the tree crown, and disfigure the tree. Tree. A woody plant with a single trunk, or multiple trunks, capable of growing to a height of fifteen (15) feet or more. Utility easement or right-of-way tree. A tree that is growing within any utility easement or right- of-way, within the city. (Ord. No. 32-2009-10, 10-9-09) • Sec. 1-1704. - City forester. • There shall be a city forester who shall have the duties prescribed herein, and who shall provide advice regarding trees and other plants within the corporate limits of the city, and provide guidance and direction to the city departments regarding same, and serve as liaison for the city tree board. (Ord. No. 32-2009-10, 10-9-09) • Sec. 1-1705. - Restricted activities. • No private person, organization, or entity, or city department or utility, shall plant, remove, cut or disturb any tree, or part thereof, on any street, or within any city public park, right-of-way or other city public place, without first obtaining permission from the city forester. The person, organization, or entity receiving such permission shall abide by the standards set forth in this chapter. The city shall have the authority to remedy any such condition created in violation hereof by the removal, re-planting or other correction as required at the expense of the party who caused said condition. (Ord. No. 32-2009-10, 10-9-09) • Sec. 1-1706. - Tree planting, spacing, maintenance, and removal. • The following requirements, prohibitions, and/or restrictions are and shall be effective from and after the date of adoption of Ordinance No. 31-2000-01, as amended from time to time. a. Tree species and sizes. The city forester shall maintain a list of desirable tree species for planting on city property in three (3) size classes; small, medium, and large. Trees listed as small shall have a mature height of thirty (30) feet or less. Medium trees shall have a mature height of thirty (30) feet to forty-five (45) feet, and large trees shall be those with a mature height of more than forty-five (45) feet. b. Maintenance. The city shall take responsibility for those maintenance activities necessary to keep city public trees reasonably healthy and to minimize the risk from hazardous or nuisance trees. Determination of maintenance needs will be made by the city forester. Tree care may be accomplished by trained city personnel or by contract with qualified, licensed, commercial tree care specialists. Tree maintenance may include pruning, fertilizing, watering, and insect and disease control. c. Spacing of trees along streets in city right-of-way or easement. In accordance with the three (3) size classes defined above, no trees may be planted closer together in city street rights-of-way or easements than the following: small trees, thirty (30) feet apart; medium trees, forty (40) feet apart; and large trees, fifty (50) feet apart. These spacing requirements may be adjusted by the city forester in those instances where plantings designed by a landscape architect or approved by the principal architect of a project do not meet these spacing requirements. d. Distance from curb and sidewalk. In accordance with the three (3) tree sizes defined above, no tree may be placed in the ground closer to curbs and sidewalks than the following: small trees, two (2) feet; medium trees, three (3) feet; and large trees, four (4) feet. e. Removal, replanting and replacement. Whenever a city department or utility determines that removal of a city public tree from a public area is necessary, the city department or utility causing the removal shall replant such trees, or replace them on a caliper for caliper inch basis. In the event that conditions prevent replanting in the same general area, the requirement for replanting shall be satisfied by the planting of an equivalent number of approved trees in an area specified by the city forester. The provisions of this subsection may be waived or modified by the mayor. f. Topping restrictions. No city department or utility shall top any tree on city owned property, without approval of the city forester. Should unauthorized topping of a city public tree be done in violation of this chapter, the city department or utility in violation shall replant an equivalent caliper size tree or trees at a site chosen by the city forester. g. Utilities. No trees except those defined as small herein, whether on private or city-owned property, may be planted under, or within ten (10) lateral feet of any overhead utility wire, or within five (5) lateral feet of any underground utility, to include water, sewer, electric, telephone, or similar service. Notwithstanding the foregoing, no tree may be planted within any city right- of-way or utility easement which through future growth may become a public nuisance. A violation of this provision by a private owner shall constitute the commission of a public nuisance. (Ord. No. 32-2009-10, 10-9-09) • Sec. 1-1707. - Tree protection. a. Construction. The city forester shall review all city-funded construction projects which have the potential of damaging or removing one (1) or more city public trees of greater than four (4) inches diameter at breast height (DBH). Where such activity has the potential to damage city public trees or their roots, a tree protection plan shall be established, which has been approved by the city forester, to provide for positive methods for protecting such trees. The plan shall include but not be limited to such provisions as placing barriers around the tree root zone, preventing siltation on or around the flare of the tree, locating utilities away from the tree root zone, and/or specifying tunneling toward and under the nominal root zone. b. Removal. The city forester shall be notified when any city public tree is proposed for removal by any city department or utility for any reason. Reasonable lead time of such notice is required so that the city forester may inspect the site and offer reasonable alternatives to possible damage to remaining trees. When a city department or utility deems that a city public tree or trees must be removed from a public area, the agency requiring the tree removal shall replace such trees as specified elsewhere in this chapter. Any and all stumps left as a result of such tree removal shall be removed to a depth of at least twelve (12) inches. c. Abuse or mutilation. The provisions of this section apply to all trees in public areas and to those designated as landmark trees. Unless specifically authorized by the city forester, no person, organization, or entity shall intentionally damage, cut, carve, transplant, or remove any tree; attach any rope, wire, nails, advertising posters, or other contrivances to any tree; allow any volatile liquid or solid or impervious substance (concrete, asphalt) which is harmful to such trees and/or their root systems to come into contact with said trees; or set fire to any portion of the tree; or to cause grade changes around or under such trees, or to store materials directly on the root zone of any such tree. d. Tunneling. Where new construction or maintenance work will require digging within the critical root zone of a city tree of eighteen (18) inches or more DBH, tunneling shall be used under the critical root zone so as to maintain the integrity of the tree stability. The city forester shall be notified prior to such digging, and will specify the direction and depth of tunneling. • (Ord. No. 32-2009-10, 10-9-09) • Sec. 1-1708. - Permits. • a. The city forester, his/her designated agent, or a contractor hired by the city and given written permission by the city forester to perform arboreal work may do so without obtaining a tree work permit. All other persons, organizations or entities doing arboreal work for the city must obtain a tree work permit prior to planting, maintaining, treating, pruning, removing, replanting, replacing or otherwise disturbing any city public tree. This provision shall not be construed to prohibit owners of property adjacent to public areas from watering, without a permit, any tree located on such public areas. All individuals and firms conducting tree care and removal activities for the city for compensation shall be required to have a valid permit or written permission from the city forester on site during such activities. b. Application for permits. Application for a tree work permit must be made not less than three (3) working days prior to the time the work is to be done. An application may be made by email, telephone or by fax. The person to whom the permit is to be issued shall abide by the arboricultural specifications and standards of practice. Each permit granted shall contain a definite date of expiration and a provision that the work shall be completed in the specified time allowed by the permit and in the manner therein described. A violation of any of these terms shall render the permit null and void at the time of the occurrence of the first violation. c. Notice of completion. A notice of completion shall be provided by the permit applicant within five (5) working days after completion of the work for the purpose of permitting an inspection of the work. The notice may be made by email, telephone or fax. (Ord. No. 32-2009-10, 10-9-09) • Sec. 1-1709. - Arborist competency. • Through testing, the city forester shall determine the tree care competency of potential contractors prior to award of such contracts. Proof of ISA certification can be substituted for the required tree competency test. For just cause, the city forester may revoke the competency status of any individual or firm issued under authority of this chapter. (Ord. No. 32-2009-10, 10-9-09) • Sec. 1-1710. - Enforcement. • The city department of building and codes shall have the power to enforce the provisions of this chapter. This shall include but is not limited to the right to issue notices of violations, and notices to stop work when continuation of work is likely to cause harm in violation of the provisions of this chapter. (Ord. No. 32-2009-10, 10-9-09) • Sec. 1-1711. - Penalties, claims, and appeals. • a. Violations. Any person, organization or entity who violates any provision of this chapter, to include but not limited to failing to comply with any notice issued pursuant to the provisions herein, upon being found in violation, shall be subject to a civil fine not to exceed the maximum amount allowed by law, for each separate violation. Each day during which any violation of the provisions of this chapter shall occur or continue shall be a separate violation. b. Recovery of costs. Any person, organization or entity, who shall cause any injury, mutilation, or death of a city public tree, shrub, or other plant located on city-owned property, in violation of any provision of this chapter, shall pay for the cost of repair or replacement, or the appraised dollar value of such tree, shrub, or other plant. The value of trees and shrubs shall be determined in accordance with the most recent edition of "A Guide to the Professional Evaluation of Landscape Trees, Specimen Shrubs and Evergreens" as published by the International Society of Arboriculture. c. Recovery of costs for abatement of nuisance. In the event that a public nuisance or hazard on private property is not abated by the date specified in the notice to the party responsible, the city department of building and codes is authorized to cause the abatement of said public nuisance. The reasonable cost of such abatement shall be filed as a lien against the property on which the hazard or nuisance was located, and in addition thereto, to the extent permitted by general law, the city may file suit in court, as in an action to recover a debt owed the city, to recover any costs associated with said abatement. d. Appeals. Any private citizen aggrieved by any action or decision pursuant to this chapter shall have the right to an appeal to the city tree board provided a written request is filed with the city department of building and codes within ten (10) working days of the action upon which the appeal is based. The tree board shall have the authority to grant variances or exceptions to the provisions of this chapter where the particular characteristics of the plant material and/or topography and/or construction reasonably warrants a variance or exception without materially altering the intent of this chapter. (Ord. No. 32-2009-10, 10-9-09) • Sec. 1-1712. - Tree board created. • The tree board for the city is hereby created for the purpose of administering the provisions of this chapter regarding the landmark tree program and such other duties and responsibilities as herein provided. (Ord. No. 32-2009-10, 10-9-09) • Sec. 1-1713. - Tree board composition; terms of office; filling vacancy. • The tree board shall be composed of seven (7) members appointed by the mayor and approved by the city council, with the terms of the members to be for three (3) years. Term appointments shall be made on a staggered three-year rotating basis, with three (3) members appointed in one (1) year, two (2) members appointed the next year, and two (2) members appointed the following year. Members may be reappointed by the mayor, and approved by the city council, to a second consecutive three-year term. The city forester shall serve as an ex officio member of the board. If a vacancy should occur within the term of any member, a successor shall be recommended by the mayor and approved by the city council for the duration of the unexpired term of that member. (Ord. No. 32-2009-10, 10-9-09) • Sec. 1-1714. - Tree board duties and responsibilities. • The duties and responsibilities of the city tree board shall be as follows: a. The tree board shall provide advisory support and guidance to the city forester in the management and oversight of the urban tree resources of the city. b. The tree board shall advise the mayor and city council on the economic and infrastructure value of urban trees and on policy issues involving city trees. c. The tree board shall promote the benefits, planting and care of trees to the citizens of Clarksville through an annual Arbor Day program and other educational opportunities. d. The tree board shall serve in an advocacy role as a voice for both public and private trees. e. The tree board shall administer the city landmark tree program. f. The tree board shall serve as an appeal board for private citizens filing an appeal of any action taken by the city pursuant to this chapter, and may grant a variance or exception in accordance with the provisions herein. (Ord. No. 32-2009-10, 10-9-09) • Sec. 1-1715. - Landmark trees. • a. The city tree board shall institute a landmark tree program to preserve and protect designated trees or groups of trees that are of historical, cultural, aesthetic or environmental significance. From and after such time as a tree or group of trees is designated as a landmark tree or trees, it or they shall be subject to all rules, regulations, and/or requirements prescribed by this chapter. b. Landmark trees will be so designated by official action of the city tree board, who shall maintain a municipal register of landmark trees and periodically publish a list of current landmark trees for public distribution. The city forester shall make periodic surveys to locate eligible trees, and private owners will be encouraged to nominate trees or tree groups for designation. The city forester will also conduct yearly inspections of designated landmark trees, and recommend any maintenance needed to private owners, and cause maintenance to be performed on city-owned landmark trees. c. Landmark trees may be identified by an appropriate marker placed nearby. Such markers will be specified by the city tree board and may be provided at no cost to the owners of the landmark trees. d. No tree which is the property of a private owner may be designated a landmark tree without the express permission of the owner of such tree. e. Once designated as a landmark tree and enrolled in the public register, a tree(s) may be removed as a landmark tree from the public register of landmark trees at the request of the property owner upon written notice to the city tree board. (Ord. No. 32-2009-10, 10-9-09) Sec. 1-1601. - Established; personnel; duties. Chapter 18 - PUBLIC ARTS COMMISSION AND PUBLIC ART PROGRAM Public Comments: Next meeting: 9, March 2022 at 4:00 p.m. 4th Floor Mayor’s Conference Room, City Hall c. 5:00: Adjourn  Trees & a healthier me Art Contest 2022 February 1 – March 1, 2022 Grades K – 5 & Comprehensive Development Classes Artwork should be 8.5 “ x 11 “ All art must be original Art should depict how trees benefit our health Scanned images emailed to contact below by 3/1/22 Pen, pencil, colored pencil, crayons, markers, Water color, acrylic paint, pastels, cut out colored paper, digital One winner per age group Judging on interpretation of the theme, artistry, originality Wes Powell powellwes2006@gmail.com Sponsored by the Clarksville Tree Board Age group winners will receive a certificate & tree planted in their name in the Clarksville Arboretum  Example of Tree Survey Questions Introduction Thank you for your interest in protecting and managing Clarksville’s trees! Clarksville’s “urban forest” makes our community special. An urban forest is defined as all the trees that grow within the city, on both public and private property. The Clarksville community-led Tree Board is developing plans we can all follow to protect our existing trees and plant more for our future generations. This winter, the Tree Board is working on a draft of our Urban Forest Plan and would like to recommend updates to the Clarksville’s tree ordinance to City Council. We need your ideas and feedback to develop an Urban Forestry Plan and updated tree ordinance that works for our community. Please complete the following short survey to share your ideas and opinions on these important efforts. The survey takes approximately 10 minutes to complete. Your connection to Clarksville’s Urban Forest: 1. Do you….(select all that apply) a. Live in Clarksville b. Own property in Clarksville c. Work in Clarksville d. Work for a tree care or landscaping company e. Travel to Clarksville for recreation activities or visit Clarksville parks f. Shop in downtown Clarksville g. Go to school in Clarksville 2. If you live in Clarksville, how long have you lived here? a. Less than 1 year b. 1-3 years c. 3-5 years d. 5-10 years e. More than 10 years 3. What do you value the most about Clarksville’s trees? Select the top three benefits that matter most to you. a. They are beautiful and improve the look of our community. b. They provide health benefits (e.g. trees clean our air) c. They make Clarksville a nice place to visit and live, boosting our economy. d. They provide habitat for wildlife. e. They capture stormwater and help prevent floods. f. They provide shade from the sun. g. They fight climate change by storing carbon and making our community a better place to live. h. Other. (describe) 4. Which of the following tree-related issues are most important to you? A. Aesthetics/ Appearance B. Sidewalk conflicts C. Street Trees are too small D. Tree Regulations E. Stormwater Retention F. Tree Protection G. Recreation/Open space H. Climate Change I. Species Variety J. Sewer line conflicts K. Street Trees too large L. Shade M. Tree Health N. Views O. Property Value P. Pruning/Maintenance Q. Power line conflicts R. Leaf litter/Debris S. Pollution Reduction T. Tree Age U. Community Tree Programs V. Historic / Specimen Trees 5. What priorities should the City have in managing City trees? 6. What do you think residents can do to contribute to the health of the urban forest? 7. Have you ever contacted the City about a tree issue? What was the reason? 8. How familiar are you with the City’s tree preservation policies. A. Unfamiliar B. Somewhat familiar C. Very familiar 9. I would like to learn more about: A. Caring for trees on my property B. Benefits of trees C. Caring for Street trees D. Different trees species in the City E. Planting Street trees F. Other Forest Size: Creating a draft of the Urban Forest Plan will be a first-step toward realizing priority actions from our Community Vision related to trees. It will include goals, policies, and near-term actions for our City to help manage and preserve our tree cover. The Tree Board will evaluate progress regularly and review the Plan every two years. 10. The draft of the Urban Forest Plan recommends policies for the City to adopt to help achieve goals related to forest size. Select the top three proposed policies that are the most important to you. a. Promoting sustainable design principles in site development and redevelopment to integrate tree canopy into future built environments. b. Make tree planting affordable to residents c. Maintaining existing tree canopy cover by restricting needless canopy reductions. d. Require replanting for dead and removed trees whenever possible e. Preserve and protect trees and properties in development. 11. How important is it to you to save large, mature trees from being cut down on both public and private property? a. Very important b. Somewhat important c. Not very important d. Not at all important e. No opinion. 12. Most of Clarksville's trees are located on private property. To protect and grow Clarksville’s urban forest, would you support a permit system for large removals on private property? a. Strongly support b. Somewhat support c. Somewhat oppose  d. Strongly oppose e. No opinion 13. Have you ever contacted the City regarding tree maintenance,and planting, or removal? a. Yes b. No c. Not sure. Forest Health: 14. The draft for creating our Urban Forest Plan recommends policies for the City to adopt to help achieve goals related to forest health. Rank the top three proposed policies that are the most important to you. (1= top most important) a. Manage Clarksville’s urban forest as a functional ecosystem and factor climate change into urban forest management plans. b. Require certified professional arborists to perform tree maintenance, and restrict improper pruning practices. c. Protect trees on property in development through tree protection plants and an auditing process. d. Promote proactive tree maintenance by supporting residents with creative resources (e.g. financial incentives, free materials, etc). 15. Requiring professional arborists to prune trees can help keep trees healthy, but professional tree care can be expensive. How important is it to you to be able to prune your own trees beyond routine maintenance? a. Very important b. Somewhat important c. Not very important d. Not at all important e. No opinion. Street Tree Management 15.The draft Urban Forest Plan recommends policies for the City to tadop to help achieve goals related to street tree management. Rank the following policies by what is most important to you (1=top most important) a. Manage street trees as necessary to maintain existing green infrastructure. b. Track all planting, maintenance and removals of street and public trees to ensure proper tree care. c. Proactively plan for mature tree preservation and new tree planting in all public infrastructure improvement projects. 16. Would you be willing to support Green Street designs which incorporates vegetation such as perennials, shrubs and trees, soil and engineered systems (e.g. permeable pavements) to slow, filter, and cleanse stormwater runoff from impervious surfaces (e.g., streets, sidewalks). a. Yes b. No c. No opinion. Demographics 17.. How old are you? 18.. What is your annual household income? 19.. How do you identify yourself culturally? 20. What is your gender identity? (check all that apply)