Wayland looks to regulate city's foliage

BY BROOKS TAYLOR

Mt. Pleasant News

WAYLAND ? City council members are looking at a new chapter of city code pertaining to the management of trees, shrubs and bushes. The council passed the first reading of the ordinance at its Jan. 4 regular meeting. A city ordinance must pass three readings, be adopted and published before becoming law.

City officials said the purpose of the chapter is to regulate and preserve the appearance of the city by requiring trees, shrubs and bushes to be uniformly located, and to regulate the planting and care of such trees, shrubs and bushes for the protection of public health, safety and welfare.

Wayland City Clerk Bev Conrad said the repositioning of city infrastructure also factored in to the rationale for the ordinance. ?Over the years, city infrastructure was located in the streets,? Conrad began. ?Now infrastructure is located in the right-of-way to minimize tearing up streets to fix water leaks, etc. Trees and bushes in the right-of-way can cause interference with the infrastructure installation and maintenance.?

She added that the city incurs considerable expense to remove dead and/or diseased trees in the right-of-way, which is required by Iowa Code.

A final reason is the potential for diseased trees in the future. ?When the ash borer disease came around, we were fortunate to only have a handful in the right-of-way that were affected,? Conrad stated. ?Should a future situation occur in another variety of tree, for example a maple tree, the city would incur a big expense to remove the diseased and/or dead trees in the right-of-way.?

Major components of the ordinance follow.

It will be unlawful for any person to plant any tree, shrub or bush in any public right-of-way or parking areas. In the event that the city or a public utility disturbs any public right-of-way or parking area, the city or the private utility shall only be responsible for reseeding and establishing grass in the disturbed area.

Several species of trees are declared nuisances and no person shall plant cotton-bearing cottonwood trees, all other cotton-bearing poplar trees and trees infected with Dutch Elm disease within the city limits.

All trees, shrubs and bushes in the parking areas that overhang onto the street, alley or other roadways of the city shall be trimmed immediately above such streets, alleys, or roadways and clear of the curb line as determined to be necessary and appropriate by the public works superintendent. The city is responsible for the trimming.

Trees, shrubs and bushes, whether in parking areas or on private property that overhang onto any sidewalk or trail of the city shall be trimmed to a minimum height of eight feet immediately above the sidewalk or trail.

Any trees, shrubs and bushes, whether in parking areas or on private property, lower than eight feet shall be trimmed so as to be at least two feet clear of any sidewalk or trail. All trees on private property shall be trimmed to a minimum height of 16 feet immediately above and at least two feet clear of any public street, alley or roadway. Trimming shall be the responsibility of the property owners, agents or occupants of property adjoining any sidewalk or trail.

Dead, diseased or trees considered to be a nuisance to public safety will be removed by the city. No compensation will be paid to the abutting property owner regardless of whether the city or the property owner placed the tree in the public right-of-way or parking area.

Any person desiring to remove a live tree, which has been planted in the public right-of-way or parking area, must first obtain permission from the city council. If a permit is issued, the person must remove the tree at his or her expense. No fee will be charged for permission to remove the tree.

Trees, shrubs, bushes wildflowers which are dead, decayed, diseased or dying upon a street, public right-of-way, parking or public property of the city and which constitute a hazard to the health, safety, or well-being of any person will be allowed to remain in such condition. No trees, shrubs, bushes or wildflowers shall be maintained in such a manner as to interfere with traffic upon streets in a safe and orderly manner.

No trees, shrubs, bushes, wildflowers or parts thereof on private property which are dead, decayed, diseased or dying, or which have become dangerous to the public will be allowed to remain in such condition, except where state law regulates wildflowers.

Trees, shrubs, or wildflowers can be planted on public property or within the utility easement without written permission from the city and/or the utility. Trees, shrubs or wildflowers also may not be planted under existing lines if, at maturity, they are likely to interfere with those lines.

The city has the authority to order the property owner, agent or occupant of the property adjoining any sidewalk to prune, maintain and care for all foliage located on the street, public right-of-way, parking area or adjoining area which may be dangerous to the public or interfere with the passage of pedestrians or other permitted traffic upon the sidewalks in a safe manner. If such a condition exists, the property owner will be served notice to comply with the order.

If the owner fails to comply with the order within 30 days of receiving notice from the city, then the city may order the pruning or maintenance of such trees, shrubs and bushes and assess the cost to the property owner.

The code chapter gives the property owner the right to an appeal hearing before the city council.

City council members will host the second reading of the ordinance at its Jan. 18 meeting and the third reading and possible adoption during the Feb. 1 meeting.