The potential for trees to modify and improve our living environment is in our own hands. A city tree program will help our community be a better place. Trees create a recreational area, raise property values, enhance the visual landscape, abate noise, and provide habitat for wildlife, etc.

A tree program improves our living environment, but also increases service costs to the public. To reduce tree care cost it will be necessary to educate ourselves and the community to select the best tree for the right place and planting time for our area. Trees carefully selected to meet the need at hand, whether it is for beauty, shade, or screening, will contribute to the quality of life in our community.

See Chapter 17.10 NCC, Definitions.

It shall be the responsibility of the planning commission to study, investigate, counsel and develop and/or update annually, and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in the parks, along the street and other public areas. Such plan will be presented annually to the city council and mayor and upon their acceptance and approval shall constitute the official "Comprehensive City Tree Plan" for the city of Naples.

The following list constitutes the official street trees species for the city of Naples, Utah. No species other than those included in this list may be planted or replanted as street trees, without written permission of the planning commission.

(This list changes as new species are added to the approved street tree list.)

The spacing of the street trees will be in accordance with the three species size classes listed in NCC § 17.175.040. No trees may be planted closer together than is healthy for them and the community. The following guidelines will help the planning commission determine the minimum distance a given size of tree should have from any other tree:

No street tree shall be planted closer than 10 feet of any street corner, measured from the point of nearest intersecting curbs or curb-lines, sidewalks, or sidewalk line. No street tree shall be planted closer than 15 feet from any fire plug or fire hydrant.

No trees other than those species listed as small trees in NCC § 17.175.040 may be planted under or within 20 feet of any overhead utility wire, or over or within 10 lateral feet of any underground water line, sewer line, transmission line or other utility. No tree may be planted in an easement or right-of-way without written permission from the planning commission. The planning commission should encourage the planting of trees on privately owned land.

The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the easement of all streets, alleys, avenues, lanes, squares, and public grounds as may be necessary to ensure public safety and to preserve or enhance the symmetry and beauty of such public grounds.

The city code enforcer shall have the right to cause the removal of any existing tree or part thereof, which is in an unsafe condition or which by reason of its nature is injurious to sewers, electrical power lines, gas lines, water lines, or other public improvements or is affected with any injurious fungus, insect or other pests. This section does not prohibit the planting of street trees by adjacent property owners providing that the selection and location of said trees is in accordance with Chapter 17.05 NCC and this chapter. All maintenance of trees, pruning, removal or disposal of, irrigation, etc. shall be the responsibility of the property owner, or homeowner's association, if applicable.

It shall be unlawful as normal practice for any person, firm, or city department to top any street tree, park tree, or other tree on public property without written permission from the planning commission. Trees severely damaged by storms or other cause, or certain trees under utility wires or other obstructions where other pruning practices are impractical, shall be exempted from this requirement.

Every owner of any tree overhanging any street or right-of-way within the city shall prune the branches, so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space 10 feet above the surface of the sidewalk, and at least 18 feet above dedicated city streets. Said owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs, which constitute a menace to the safety of the public. Trees shall not be planted in a location that would create a safety hazard to drivers by blocking their view.

All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.

It shall be unlawful for any person to prevent, delay or interfere with the planning commission, or any of its agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying, or removing of any street tree, park tree, or trees on private grounds, as authorized in this chapter.

The city council and mayor shall have the right to review the conduct, acts and decisions of the planning commission. Any person may appeal from any ruling or order of the planning commission to the Naples City council and mayor, who may hear the matter and make final decision.

Any person violating any provision of this chapter shall be guilty of a class C misdemeanor.

This chapter shall become effective immediately upon publication or posting as set forth by state law.

The city code enforcer of Naples City shall serve as the enforcement officer for the enforcement of the provisions of this chapter.