A.   This chapter shall be known and may be cited as the URBAN FORESTRY CHAPTER of this Code .

   B.   This chapter establishes policies, regulations, and standards necessary to ensure that the City will continue to realize the benefits provided by its urban forest to better protect the public's health, safety, and general welfare. The provisions of this chapter are enacted to:

      1.   Establish and maintain the maximum and proper amount of tree cover on public and private lands in the City ;

      2.   Maintain public trees in a healthy and non-hazardous condition through prudent arboricultural practices;

      3.   Establish and maintain appropriate diversity in tree species and age classes to provide a stable and sustainable urban forest; and

      4.   Perpetuate the many contributions trees make to the financial, social, aesthetic and environmental well-being of the City , and its residents and visitors. (Ord. 18-05, 1-24-2018)

For the purpose of this chapter the following terms, phrases, words, and their derivations shall have the meaning given herein.

AMERICAN NATIONAL STANDARDS INSTITUTE (ANSI) : A set of nationally established standards for tree care operations and maintenance adopted by the City .

ARBORICULTURAL STANDARDS AND SPECIFICATIONS : The standards and specifications of the Parks Department applicable under this chapter.

BEST MANAGEMENT PRACTICES (BMP) : The published standards of tree maintenance and care developed by the ISA and ANSI and adopted by the City .

INTERNATIONAL SOCIETY OF ARBORICULTURE (ISA) : The internationally recognized organization for arboriculture whose mission is to foster a greater appreciation for trees and to promote the research, technology, and practice of professional arboriculture.

NON-PUBLIC TREE : A tree now, or hereafter, growing on property other than "public" as defined in this section.

PARKS DEPARTMENT : The City Parks Department.

POLLARDING : A training system for young trees that involves heavy heading cuts and sprout removal on an annual basis.

PUBLIC TREE : A tree located on City property, or right-of-way including but not limited to, tree planting strips, parks, and other grounds, except where otherwise indicated.

TOP OR TOPPING : The severe cutting back of limbs to stubs larger than three inches (3") in diameter within the crown of a tree to such a degree as to remove the normal canopy and disfigure the tree or severely alter the species' inherent structural characteristics.

TREE PLANTING STRIP OR PARKING STRIP : The area between curb or place where curb should be and a sidewalk.

URBAN FORESTER : The employee in the Parks Department who is charged with the management of all public trees. (Ord. 18-05, 1-24-2018)

This chapter applies to all public trees in the City and any private tree that is a public nuisance or hazard. (Ord. 18-05, 1-24-2018)

The Parks Department shall control the regulation, planting, care and control of any public tree situated on and surrounding a Citypark and City maintained grounds. The Parks Department shall preserve, mark, and maintain historic or notable trees, and shall develop an official tree planting list and urban forest management plan.

The Parks Department shall be responsible for the care and maintenance of trees and vegetation growing in a Citypark or City-maintained grounds. (Ord. 18-05, 1-24-2018)

   A.   When planting, removing, moving, spraying, trimming, pruning, cutting above or below ground, disturbing or altering any City owned tree or causing such acts to be done by others, without first obtaining the written consent of the Urban Forester is prohibited. This section shall not apply to line clearance tree trimming by employees of the Public Utilities or its agents, or parks staff, following coordination with the Urban Forester and tree maintenance activities by employees of the Parks Department .

   B.   Any person receiving written consent for any action under subsection A of this section shall abide by the arboricultural standards and specifications of practice specified by the West Jordan City Parks Department and/or any specific conditions or methods required by the Urban Forester , including but not limited to both ANSI and BMP . Each crew performing contract work on a public tree shall have at least one ISA certified arborist on the crew and on-site when work is approved.

   C.   The Urban Forester shall approve any plans for removal of any public trees. As a condition, the permittee shall be required to compensate West Jordan City for the appraised value of trees removed either by replacement thereof or by monetary assessment. Appraisal values shall be determined by an ISA certified arborist with tree appraisal training, and accredited by the City's Urban Forester and/or combination of both equal to appraised value of the tree . (Ord. 18-05, 1-24-2018)

When sidewalk or curb damage occurs due to tree roots, every effort shall be made to correct the problem without removing or damaging the tree; however the Urban Forester shall have the authority to remove the tree as set forth in this chapter. (Ord. 18-05, 1-24-2018)

There shall be close coordination between all City departments when public trees are affected. Sight distance, concerns for stop signs , other regulatory signs, and signals shall be referred to the City Traffic Engineer who in turn shall authorize the Urban Forester to take necessary corrective action. Plans for all lighting, power transmission and distribution, sewer, irrigation, water, street and other public works projects shall be considered with reference to their effect upon trees on public property prior to the beginning of work on such projects. (Ord. 18-05, 1-24-2018)

   A.   All attempts will be made to maintain an inventory of public trees and a Tree Selection Guide shall be kept by the Parks Department . The inventory and selection guide may be referred to for plans and specifications for the placement, treatment, or removal of public trees. Both the inventory and selection guide may be modified by the Urban Forester .

   B.   Arboricultural standards and specifications shall contain the policies and procedures for maintenance, care, and safety of trees and maintenance personnel, and City forest resources. Such document shall be revised as needed to maintain current practices in tree care and management. (Ord. 18-05, 1-24-2018)

   A.   When development of property or installation of public utilities or other infrastructure may impact a public tree , every effort shall be made to preserve the tree's health and structural integrity. Alteration of trenching routes, auguring, or tunneling, beneath the root zone of such a tree may be required to meet this requirement. The Urban Forester shall be consulted during the design phase of each project to coordinate specifications for tree protection prior to excavation. Specifications shall conform to West Jordan City's arboricultural standards and specifications .

   B.   If in planning for development of a property, a public tree must be removed, written consent shall be obtained from the City Forester. Prior to issuance of written consent, the tree shall be appraised using the most recent procedures and methods accepted by the ISA and Council of Tree and Landscape Appraisers. The appraised value of the tree to be removed shall be paid to the City by the permittee. Funds generated through payments for public tree removal shall be used to purchase and plant replacement trees for use in parks and other public property. (Ord. 18-05, 1-24-2018)

   A.   It shall be unlawful to injure or destroy a tree on any Citytree planting strip , public park , or other public property, including but not limited to the following:

      1.   Constructing a concrete, asphalt, brick or gravel sidewalk or otherwise covering or filling up the ground area without irrigation and aeration around any tree so as to restrict oxygen, light, or water from tree roots without written consent from the Urban Forester ;

      2.   Piling or storing building material, equipment, or other substance around any tree so as to cause injury;

      3.   Applying any injurious matter on or around any tree , or on the ground around it, or on any adjacent lawn or sidewalk;

      4.   Posting a sign on any tree , tree-stake or guard, or by fastening a guy wire, cable or rope to a tree, tree-stake, guard or nails;

      5.   Injuring a tree , tree-stake, or guard with a vehicle or animal, or in any other manner which causes injury or death to a tree or lawn on public property; and

      6.   Hanging a swing, hammock, slack lines or other similar object on a City owned tree .

   B.   Tree stakes or guards may be placed around a public tree by an adjacent property owner , with permission of the Urban Forester , provided the same are placed near a tree for the purpose of protecting or training the tree.

   C.   A tree located on City property in the immediate vicinity of an excavation, demolition, or construction of a building , structure , street , or utility work shall be protected from unnecessary injury. Tree protection specifications and standards shall be obtained from the Urban Forester and strictly adhered to. Any potential injury or damage shall be guarded against with a tree protection zone as provided in the City arboricultural standards and specifications . Tree protection shall be coordinated with the Urban Forester , throughout the project, in order to mitigate damage to the tree and danger to the public. During the construction phase , the contractor shall ensure regular and adequate irrigation of each public tree as provided in the arboricultural standards and specifications. Such irrigation shall be documented.

   D.   Any person who destroys or injures a tree belonging to the City may be required to pay to the City the appraised value replacement, or repair cost associated with such action as provided by the ISA and the Council of Tree and Landscape Appraisers.

   E.   It shall be unlawful to top any public tree without the authorization by the Urban Forester . All pruning procedures shall follow the most recent revisions of ANSI A300 pruning standards, as amended. Trees under utility wires or other obstructions where standard pruning practices are impracticable may be exempted from this section with prior approval of the Urban Forester .

      1.   Every owner of any tree overhanging any street or right-of-way within the City shall prune the branches so that such branches do not obstruct the access or use of road by emergency vehicles, light from any street lamp, the view of any street intersection, or the ability of pedestrians to use the sidewalk.

      2.   There shall be a clear space of fourteen feet (14') at all possible perpendiculars between the street surface and tree and eight feet (8') at all possible perpendiculars between the sidewalk surface and tree.

      3.   Said owners shall remove any dead or dangerous tree , or broken or decayed limbs that constitute a hazard to the safety of the public.

      4.   The City shall have the authority to prune any tree or shrub on private property when it interferes with pedestrian use of a sidewalk, vehicle use of a public street , visibility of any traffic control device or sign, or sight triangle at an intersection, or City owned streetlights. The property owner may be charged with the equipment, vehicle, and crew cost accrued in the pruning or removal of such tree. (Ord. 18-05, 1-24-2018; amd. Ord. 23-09, 3-22-2023)

Damages to a public tree shall be determined at appraised value by the Urban Forester using the methodology of the International Society of Arboriculture and the Council of Tree and Landscape Appraisers. The City Attorney may take any legal action necessary to collect such damages that are not paid after assessment. Funds collected for tree damage shall be used to replace public trees. (Ord. 18-05, 1-24-2018)

   A.   It shall be unlawful to knowingly keep or maintain a tree which is a danger or a hazard to other trees or plants or to humans because the tree is diseased or because of the size, location, or other characteristics of the tree.

   B.   The City may bring a criminal action to enforce this section. The City or any private person may bring a private civil action to enforce this section.

   C.   The following are hereby defined and declared to be a public nuisance:

      1.   A non-public tree , shrub or other plant located on private property that is dead or is host to a destructive or communicable disease or other pestilence which endangers the growth, health, life, or well-being of any tree , shrub , or plant in the City capable of causing an epidemic spread of a communicable disease or insect infestation;

      2.   The root of any non-public tree located on private property which causes the surface of a public street , curb, or sidewalk to be up heaved or otherwise disturbed; and

      3.   Any non-public tree or portion thereof, located on private property which, by reasons of location or condition, interferes with any public street , sidewalk, or signage, or constitutes an imminent danger to the property, health, safety, or well-being of the general public on City property.

   D.   When a public nuisance, as described in this section, exists upon property, and is the outgrowth of the usual, natural, or necessary use of property, the owner or landlord thereof, or such person's agent, tenant or tenant's agent, and all other persons having control of the property where such nuisance exists, shall be deemed the authors thereof, and shall be equally liable for such nuisance.

   E.   The City Code Enforcement Officer is hereby authorized to issue a warning at any property where a public nuisance exists. If the nuisance is not abated by the property owner within a reasonable time , as determined by the Urban Forester , the Urban Forester may pursue legal action through the City Code enforcement process. The City also shall have authority to condemn and remove any tree , stump, shrub, or vine upon any public street , avenue, or way where the tree, tree stump, shrub or vine is dead, or host to a communicable or destructive disease. The property owner may be charged with the equipment, vehicle, and crew cost accrued in the pruning or removal of any nuisance tree.

   F.   The City may trim or prune any public tree or remove any tree planted in violation of this chapter or any other ordinance of the City, without serving notice upon the owner of the abutting property. No person , firm, or corporation shall interfere with the Urban Forester or persons acting under the Urban Forester's authority while engaged in the removal of any tree, shrub, or plant along any street , avenue, way, or public place in the City. Interfering with other forestry activities including but not limited to planting, mulching, and pruning is also prohibited. (Ord. 18-05, 1-24-2018)

   A.   City Code Enforcement Officer shall be responsible for enforcing this chapter and may serve notice to any person in violation thereof or institute legal proceedings as may be required. The City Attorney may institute appropriate proceedings to that end.

   B.   A violator of this chapter is liable for treble the amount of damages, which may be assessed in a civil action as provided in section 78B-6-1002, Utah Code Annotated, as amended. (Ord. 18-05, 1-24-2018)

Any action of the City Enforcement Officer may be appealed in accordance with title 16 of this Code . (Ord. 18-05, 1-24-2018)

The West Jordan City Urban Forestry Division and the Parks Department shall maintain a list of rare or historic trees growing in West Jordan. These trees are unique from a historical and/or botanical perspective and may be of interest to other citizens. Trees recognized as such shall appear on the Heritage Tree List of West Jordan published by the West Jordan Urban Forestry Division. Citizens may nominate public or private trees for recognition. Nominated trees must be woody plants and must generally, be referred to as "trees". A list of registry standards is available. (Ord. 18-05, 1-24-2018)

The West Jordan City Forestry Division shall coordinate with the Utah Division of Forestry, Fire and State Lands to conduct a search for large trees growing in West Jordan, which may be of interest to other residents of West Jordan, and the State of Utah because of their unusual size. A tree that is recognized as the largest of a given species in West Jordan, as well as its nominator, shall appear on the West Jordan Big Tree Register published by the West Jordan City Forestry Division. Trees that are large enough to be listed on the Utah State Big Tree Register shall be submitted to the State for verification. The program shall be administered by the Parks Department . (Ord. 18-05, 1-24-2018)

Additional information and advice for homeowners concerning general tree care and maintenance may be found on the West Jordan City's urban forestry webpage. (Ord. 18-05, 1-24-2018)