Newark Municipal Code Ch. 12.28 Parkway Maintenance

The ordinance codified in this chapter may be cited as the "Newark Parkway Maintenance Ordinance."

(Ord. 177 § 1, 1982)

The following words and phrases whenever used in this chapter, shall be construed as defined in this section unless from the context a different meaning is intended:

A. Desirable Tree. "Desirable tree" means a tree planted within the parkway which may be on the approved street tree list and, in the opinion of the public works director, has a sufficient useful life, and/or is of a quality and structural shape that makes it desirable to save the tree.

B. Non-official Tree. "Non-official tree" means a tree planted within the parkway which is not an officially designated tree for the given street.

C. Official Tree. "Official tree" means a tree planted or to be planted within the parkway which was officially designated for the given street.

D. Parkway. "Parkway" means the section of a city street from the face of curb to the private property line or from the face of curb to the private property side of a planting easement. The parkway area includes the curb and gutter, sidewalk, planter strip or planting easement behind the sidewalk and underground utility lines (sewer and water laterals).

E. Property Owner. "Property owner" means the owner of property adjacent to and fronting on the given parkway and/or tree.

F. Undesirable Tree. "Undesirable tree" means a tree planted within the parkway which is not on the approved street tree list and, in the opinion of the public works director, is causing a safety hazard or nuisance, and/or is a tree that has reached the end of its useful life and should be replaced.

(Ord. 226 § 1, 1987; Ord. 177 § 2, 1982)

All trees planted within the parkways are the property of the city. No person shall remove, prune, injure or destroy any trees within the parkways except in accordance with this chapter.

(Ord. 177 § 3, 1982)

The selection of the official tree for a given street shall be the function of the public works director. The director will maintain a list of tree species acceptable for the official tree designation and establish criteria relating to the location and manner of planting such official trees.

(Ord. 177 § 4, 1982)

The removal or permission to remove trees planted within the parkways shall be subject to the following:

A. The city shall remove or cause the removal of all trees necessary to assure public safety. The cost for removing a tree shall be borne by the property owner if the need for the removal is caused by the property owner.

B. A property owner may be permitted to remove a tree under any one of the following nuisance conditions:

1. Where curb and gutter or sidewalk displacement has occurred and further damage is not preventable by tree maintenance; or

2. Where removal is necessary for construction or other improvements to the property owner's property which have been approved by the city;

3. Where hardships or other unusual circumstances exist relating to health or safety (e.g., allergy problems, debris from tree causes hazards on sidewalks);

4. Where utility service lines and/or junction boxes have been damaged, and the tree is a non-official tree or is an undesirable tree;

5. Where significant damage is being caused to property owner's real property, such as root damage to turf, landscape areas and structures, and the tree is a non-official tree or is an undesirable tree.

A tree may not be removed without the property owner first securing a tree removal permit issued by the public works director. The property owner who is permitted to remove a tree shall replace said tree and bear the cost for its replacement. The tree removal shall be subject to all conditions set forth in this chapter and other ordinances of the city.

A tree may not be removed until the city posts the tree with a conspicuous notice stating in general that the tree is to be removed ten days after the date of posting. The notice shall state that any person may protest the removal of such tree by notifying the public works director. Upon receipt of a protest, the public works director shall reconsider the decision. However, the public works director may determine that good cause exists to permit removal in spite of the protest. Any person aggrieved by the final decision of the public works director may appeal to the city manager. Any person aggrieved by the determination of the city manager may appeal to the city council. The city manager may establish rules of procedure for processing appeals.

(Ord. 226 § 3, 1987; Ord. 177 § 5, 1982)

All tree replacements shall be with an officially designated tree purchased through the city. The property owner may plant the replacement tree in accordance to the city specification or contract with the city for planting.

(Ord. 177 § 7, 1982)

All new developments except for PUD and industrial area shall be required to pay the city for the planting of new trees as a prerequisite to the issuance of a building permit or approval of a final map. A new PUD and industrial development may be required to deposit a fee to the city for the initial planting and maintenance of trees.

(Ord. 226 § 4, 1987: Ord. 177 § 8, 1982)

All fees and charges for the issuance of permits and the payment for replacement of the tree shall be in accordance with a schedule established and adopted by the council by resolution.

(Ord. 177 § 6, 1982)

The maintenance of curb and gutter and sidewalk shall be the responsibility of the property owner. The city may participate with the maintenance of the curb and gutter and sidewalk under the following conditions:

A. When the city engineer determines that a safety hazard exists, the city may construct patch repairs to eliminate the hazard.

B. When the city engineer determines that a safety hazard exists and that condition cannot be remedied by patch repair, the city may repair and replace curb and gutter and/or sidewalk including tree removal or root pruning, if necessary.

C. Under subsection B of this section, the sidewalk may be rerouted from its original alignment as determined by the city to facilitate tree growth provided that the property owner grants an easement to the city.

(Ord. 226 § 5, 1987: Ord. 177 § 9, 1982)

The maintenance of the sewer lateral from the structure to the sewer main in the street shall be the responsibility of the property owner.

(Ord. 177 § 10, 1982)