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87-0708 Tree Removal Policy le RESOLUTION ADOPTING A POLICY FOR TREE REMOVAL BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby adopts the City of Elgin Live Tree Removal Policy dated June 8, 1987, a copy of which is attached hereto and made a part hereof by reference. George VanDeVoorde, Mayor Presented: July 8, 1987 Adopted: Vote: Yeas Nays Recorded: Attest: Marie Yearman, City Clerk 6-08-87 CITY OF ELGIN LIVE TREE REMOVAL POLICY The City of Elgin recognizes the importance of a well managed tree program within the public right-of-way. The City also acknowledges the fact that many live trees can create problems. Roots from trees can enter private house sewer laterals and cause sewer backups in homes or businesses. Trees and/or roots in the parkway can cause adjoining sidewalk to buckle, causing hazards in the public right-of-way. The City recognizes the need to remove live trees when certain problems are created. Therefore, it is the policy of the City of Elgin to remove those trees as a service to the community. Each tree removal situation involving a live tree shall be considered on an individual basis. Alternate solutions should be considered before a deci- sion is made to remove a live tree from the public right-of-way. The following list of guidelines shall apply: 1. Trees creating root problems must be verified by a minimum of three documented rodding problems from the City or by a private plumber during a one-year period. 2. Trees which have caused sidewalks to buckle will be removed only if other alternatives are not appropriate (i .e. relocating the sidewalk around the tree). 3. Trees behind the sidewalk and partially within the right-of-way (on the property line) will be considered for removal by the City. 4. Live trees considered by residents to be a nuisance shall be removed only if they create a hazard as determined by the City of Elgin and then only during the normal dead tree removal program in the winter. 5. It will be the intent of the City to remove any live tree in a timely fashion, but consideration must be given to the need to complete other work tasks during other times of the year. 6. The City will consider issuing a permit to a property owner who, with proper insurance to protect the City, may contract with a licensed tree removal firm to remove a specific tree at the expense of the property owner. 7. Affected property owners shall be encouraged to participate in the City tree-planting program at a shared expense with the City. June 8, 1987 MEMORANDUM TO: Mayor and Members of the City Council FROM: City Manager SUBJECT: Tree,Removal Within the Public Right-of-Way PURPOSE: This memorandum will provide the Mayor and Council with infor- mation to discuss a policy relative to the removal of trees which cause problems within the right-of-way. BACKGROUND: Dead or hazardous trees within the public right-of-way are documented during the year and removed by City crews during the winter months. Several times each year residents call and request that a specific tree be removed because roots enter their sewer lateral and create an obstruction. When we have been able to document from our records that roots have been an ongoing problem, we have authorized the removal of the living tree. It should be pointed out that there are times when it is difficult to deter- mine which of several trees is causing the problem because of the uncertainty of the location of the lateral . The City Council adopted a tree removal policy on May 21, 1975. We have attached a copy of the Committee of the Whole minutes which outline that policy. Apparently, a written document was not prepared, however. The policy has been to issue a permit to the property owner authorizing the cutting of the tree. The property owner has been responsible to cut and physically remove all parts of the tree at their expense. Residents also call for the removal of what they consider are nuisance trees, or those which have caused sidewalks to buckle due to their growth nearby. Nuisance trees have included Boxelder and Walnut trees, for example. Trees within the public right-of-way are owned and maintained by the City regardless of who planted them. Buckled sidewalks and roots from trees may create a liability for the City. Therefore, the removal of these trees by the City should be considered. Criteria such as a minimum of three documented root-related sewer lateral problems within a one-year period should be established. Given the fact that our existing tree removal program usually begins in December, delays in respond- ing to a specific request may result. Requests will come at various times of the year and we will be required to be prepared to respond in a timely manner, taking into account the need to continue with current projects that the City crews are engaged in. g1 A MAYOR AND MEMBERS OF THE CITY COUNCIL June 8, 1987 Page 2 FINANCIAL IMPACT: Public Works removed 195 trees in 1985 and 192 trees in 1986. Our records indicate approximately six trees per year are authorized by the City for removal by the property owner due to root problems alone. This represents a three percent annual increase to the number of dead trees we have cut during the past two years. We may, however, experience an increase in requests once the public is made aware of the City involvement to physically cut and remove live trees because of sewer problems. RECOMMENDATION: We have attached hereto a written policy for your consideration. Root problems will be considered when proper documentation is available. Live trees which cause sidewalk problems would be removed by the City only if there is no other alternative. Nuisance trees would be removed only if the tree in question is a hazard. We recommend the attached policy be adopted. Staff would proceed accord- ingly and report any problems. 11111 ; es J. Coo y Manager JJC:GWM:mg Attachments QDg2w/r✓Ec 4e,-- T ki`��� ��y 182 Following the presentation by Greyhound officials, the meeting was moved from the Council Chud;bers into the Courcil Conference Room. Review of the Site for the Relocation of Fire Station #2 Fire Chief George VanDeVoorde and Deputy Chief Art Wolf presented a review of the reasons for relocating Fire Station #2 to the city-owned property at Big Timber Road and Morningside Drive. Following a short discussion, the Committee agreed that the preliminary desiyn of the fire station should proceed as soon as possible. _Special Services District for Douglas Avenue Extension of the Downtown Nall Discussed Leo Nelson, city manager, reported that the mall design has been approved by the City Council and the design has been completed for the Douglas Avenue extension of the city's Fountain Square Plaza. He requested approval for proceeding with the project as a special services district rather than a special assessment. The ComrAttee authorized the staff to proceed with preparing the enabling legis- la ' needed to create a special services district for the mall extension. Discossien of Tree Removal Policy in Public Rights of Way Nelson requested Euthority from the Committee to develop a policy in regards to th:: removal of trees in public rights of way when the tree roots infiltrate sani- ty y sewer :,ervicc:s and when tree roots create problems with sidewalks, curbs and gutters. he ex;. lained that the city has two requests presently on file by property cwo is to rer..eve such trees because the roots are continually interfering with the sc-iitary seer lines and property owners have to pay to have the sewers rodded. kel°.cn said h: wanted appro:'al to offer property owners the alternative of re:covin; the tree rather than paying rodding costs one or two times a year. He also stated th:t each tree would be considered as an individual case and would be removed only v, ittm the mutual consent of the property owner, public works director and director of public property ari recreation. The Co..vittee authorized the preparation of a written policy on tree removal after expressing co'-,cernf, that all other alternatives should be investigated before a tree \ would be reeved. Di:A.u:.)sion of Sidewalk Inspection and Repair Program Nelson informed the Committee that recent court decisions had held the city respon- sible for lack of repair to sidewalks in poor condition. He stated the city would have to undertake a summer inspection program to locate problems with sidewalks that needed repair. Sidewalk replacements would be handled on a special assessment basis, Jae said. Previously, when sidewalks in poor condition were found, the city sent letters stating that the city would pay half of the cost of repairing the walk and the property owner wa„id pay the other half. Because of the legal liability of the city only as established in court, the city will have to undertake a repair program at its own cost. 6-08-87 CITY OF ELGIN LIVE TREE REMOVAL POLICY The City of Elgin recognizes the importance of a well managed tree program within the public right-of-way. The City also acknowledges the fact that many live trees can create problems. Roots from trees can enter private house sewer laterals and cause sewer backups in homes or businesses. Trees and/or roots in the parkway can cause adjoining sidewalk to buckle, causing hazards in the public right-of-way. The City recognizes the need to remove live trees when certain problems are created. Therefore, it is the policy of the City of Elgin to remove those trees as a service to the community. Each tree removal situation involving a live tree shall be considered on an individual basis. Alternate solutions should be considered before a deci- sion is made to remove a live tree from the public right-of-way. The following list of guidelines shall apply: 1. Trees creating root problems must be verified by a minimum of three documented rodding problems from the City or by a private plumber during a one-year period. 2. Trees which have caused sidewalks to buckle will be removed only if other alternatives are not appropriate (i .e. relocating the sidewalk around the tree) . 3. Trees behind the sidewalk and partially within the right-of-way (on the property line) will be considered for removal by the City. 4. Live trees considered by residents to be a nuisance shall be removed only if they create a hazard as determined by the City of Elgin and then only during the normal dead tree removal program in the winter. 5. It will be the intent of the City to remove any live tree in a timely fashion, but consideration must be given to the need to complete other work tasks during other times of the year. 6. The City will consider issuing a permit to a property owner who, with proper insurance to protect the City, may contract with a licensed tree removal firm to remove a specific tree at the expense of the property owner. 7. Affected property owners shall be encouraged to participate in the City tree-planting program at a shared expense with the City.