Tree Ordinance For the town of Bell Buckle, Tennessee   Purpose It is the purpose of this ordinance to promote and protect the general welfare of the public trees, shrubs and other plants within the town of Bell Buckle, Tennessee and to communicate to others the importance of private trees and their planting and protection throughout the town.  Proper tree management enables citizens to avoid unnecessary costs associated with sewer clogging, sidewalk replacement, power line interference and tree-related accidents.    Many of our trees are quite old and many are dying so the replacement of the urban forest of the community is encouraged.  Since establishment of an ordinance is one of the requirements for Tree City USA recognition, the town of Bell Buckle hereby establishes this ordinance.   Article 1.  Definitions Public Tree – a tree growing in an area owned by the community, including parks, public building, schools and other areas to which the public has free access. Private Tree – a tree growing in an area owned by a private individual, business or commercial establishment, company, private institution or other area not owned by government entities. Pruning – selective removal and thinning of the upper portions of the tree, taking into account the shape and natural structure of the tree. Topping – removal of various portions of the tree, leaving stubs, with no regard for the natural structure of the tree. Crown spread – the distance from the ends of branches on one side of the tree, through the trunk, to the ends of the branches on the other side. Line clearance – removal of limbs and branches growing within a set distance of electrical distribution lines. Article .  Administration II Section 1.  Creation of a Tree Board There is hereby created a Tree Board for this town, which shall consist of six (6) members who are citizens and residents of this town.  Members shall be appointed by the mayor and approved by the Board of Aldermen.       Section 2.  Term of Office The six members initially appointed by the Mayor and Aldermen shall be appointed as follows:  two (2) for one (1) year, two (2) for two (2) years and two (2) for three (3) years.  Vacancies caused by death, resignation or otherwise, shall be filled for the unexpired term in the same manner as original appointments are made.     Section 3.  Operation The Board shall choose its own officers, make its own rules and regulation, and keep a record of its proceedings.  Copies of the minutes shall be available to the governing body after each Tree Board meeting.  Meetings shall be held quarterly or more often if called by the Chairman of the Board.  A majority of the members shall constitute a quorum for transaction of business. Section 4.  Compensation Members of the Board shall serve without compensation. Section 5.  Duties and responsibilities The duties of the Tree Board shall include, but not be limited to the following: Prepare a tree plan for the community Organize tree planting projects, including giving of memorial trees Conduct an Arbor Day Ceremony Provide tree information to the community Gather information and publish reports as needed about the city tree resource Maintain a recommended tree species list for the community Recognize groups and individual completing tree projects Coordinate publicity concerning trees and tree programs Coordinate donations of trees or money to purchase trees Apply for grants provided the Tennessee Department of Agriculture, Forestry Division and the U.S.D.A. Forest Service Perform other tree related duties and opportunities that arise.   Article III.  Tree Planting – General Section 1. Public Trees All tree planting on public areas must be approved by the Mayor and Aldermen. It shall be undertaken in a systematic manner to assure diversity of age, classes and species. The Tree Board shall determine areas to be planted, density, appropriate species and other aspects of the planting function. Section 2.  Private Trees Planting of trees on private property is encouraged, especially in areas where the public may have an extraordinary interest.  The Tree Board will provide information about species, planting techniques and placement guidelines when requested by residents.       Article IV.  Tree Planting – Specific Section 1.  Size All trees in public areas capable of reaching a mature height greater than 30 feet shall be 8 - 10 feet tall at time of planting.  Small maturing trees, between 15 - 30 feet at maturity, shall be 5 feet to 6 feet tall at planting. Section 2.  Spacing Large trees capable of achieving more than 45 feet in height should be spaced at least 40 feet apart.  Medium trees capable of achieving 30 – 45 feet should be spaced 30 feet apart.  Small trees capable of achieving 50 – 30 feet in height should be spaced at 20 feet intervals.  Exceptions may be granted when greater or lesser spacing is needed to achieve a desired effect. Section 3.  Planting near existing objects Only small trees shall be planted within 10 feet of utility lines.  In street planting, no tree may be planted closer than 10 feet to a fire hydrant, utility pole, street light or sidewalk, 15 feet to a driveway/street intersection or 30 feet from street/street intersections.   Article V.  Tree Removal Section 1.  Dead and Dying Public Trees Dead and dying trees on public property deemed to be a safety or health risk to residents or to other trees will be removed in a timely manner. Section 2.  Dead and Dying Private Trees Upon finding dead or dying trees on private property, the Tree Board will notify the landowner of such trees and encourage the landowner to remove said tree.   Article VI.  Special Considerations Section 1.  Tree Topping Tree topping of all public trees if prohibited and topping of private tress is strongly discouraged.  The Tree Board shall promote and encourage the use of proper pruning procedures. Section 2.  Power Lines Tree pruning in the vicinity of power lines shall be undertaken by the public utility to assure the supply of electricity to its customers.  Drop Crotch pruning and pruning to laterals are the required methods.  Where possible, the utility shall undertake a program of replacing large trees with small maturing ornamental trees of the kind recommended by the Tree Board.   Article VII.  Appeal and Penalties Section 1.  Appeals Any person dissatisfied with the decisions, rules, regulation and interpretations of the Tree Board shall have the right to appeal to the Mayor and Aldermen.  Appeals shall be within 30 days and shall be made in writing. Section 2.  Penalties Any person violating this ordinance shall be deemed guilty of a misdemeanor and according to the laws of the Stat of Tennessee shall be fined a maximum of $50.00

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