Athens City Code

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Park trees means trees, shrubs, bushes and all other woody vegetation in public parks having individual names, and all areas owned by the city, or to which the public has free access as a park.

Parkway means that part of a street or highway not covered by sidewalk or other paving, lying between the property line and that portion of the street or highway usually reserved for vehicular traffic.

Street trees means trees, shrubs, bushes, and all other woody vegetation on land lying between property lines on either side of all streets, avenues, or ways within the city.

(Code 1972, § 12-601; Code 1995, § 20-501)

The following list constitutes the official street tree species for the city. No species other than those included in this list may be planted as street trees without written permission of the city public works director or his or her designee.

*Denotes evergreen trees that lose needles in the fall.

(Code 1972, § 12-607; Code 1995, § 20-507)

The spacing of street trees will be in accordance with the three species size classes listed in ACC 22-21, and no trees may be planted closer together than the following:

1. (1) Small trees: 20 feet;
2. (2) Medium trees: 30 feet; and
3. (3) Large trees: 40 feet;

except in special plantings designed or approved by the public works director or his or her designee.

(Code 1972, § 12-608; Code 1995, § 20-508)

The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the three species size classes listed in ACC 22-21, and no trees may be planted closer to any curb or sidewalk than the following:

1. (1) Small trees: two feet;
2. (2) Medium trees: four feet; and
3. (3) Large trees: six feet.

(Code 1972, § 12-609; Code 1995, § 20-509)

No street trees other than those species listed on small trees in ACC 22-21 may be planted under or within ten lateral feet of any overhead utility wire, or over or within five lateral feet of any underground water line, sewer line, transmission line or other utility.

(Code 1972, § 12-610; Code 1995, § 20-510)

1. (1) The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the property lines of all streets, alleys, avenues, lanes, squares and public grounds as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds.
2. (2) The city may remove or cause or order to be removed any tree or part thereof which is in an unsafe condition or which, by reason of its nature, is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or is infected with any injurious fungus, insect, or other pest. This section does not prohibit the planting of street trees by adjacent property owners, provided that the selection and location of the trees is in accordance with ACC 22-21--22-24, provided nothing contained in this section shall relieve the owner of abutting property of the responsibility to prune, maintain, and remove trees lying within the right-of-way of the street.

(Code 1972, § 12-611; Code 1995, § 20-511)

It is unlawful as a normal practice for any person, firm, or city department to top any street tree, park tree, or other tree on public property. The term "topping" means the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this chapter. The Athens Utilities Board and its designated representative in tree topping shall be exempt from this section.

(Code 1972, § 12-612; Code 1995, § 20-512)

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.

(Code 1972, § 12-615; Code 1995, § 20-515)