📖 Background

• Requests for tree maintenance are ignored due to severe budget shortfalls at the Parks Department
• The scope of requests runs from:
  • Simple (easily accomplished by an untrained person without substantial risk)
  • Medium (some risk involved, such as the use of a mechanized tool or ladder, but can be accomplished by a person with basic training)
  • Complex (involving material risks to people or property such as extreme heights or heavy limbs)
  • Cross-functional (involving pest control, power lines, or other specialized needs)
• The result of this policy failure is:
  • Many tree limbs (e.g., dead limbs, low hanging) remain un-pruned, reducing quality of life and presenting danger to the public
  • Issues like wasp’s nest on trees persist and are not addressed for residents despite many requests to the city
  • Trees that aren’t trimmed cause real property damage (i.e.,$12.7M in personal injury legal claims for the Park Department)

⚖️ Legal considerations

• All trees and tree wells on city sidewalks are the legal responsibility of the city
  • This stands in contrast to sidewalks themselves, which often are the legal responsibility of the owner of the adjacent property
  • This also presents a thorny issue where trees cause sidewalk damage, and residents ultimately have to pay for it
• The city will reimburse for tree-related injuries and property damage - but only if the injured party can prove the city was negligent in maintaining the tree (source)
• Performing maintenance on trees without a permit is illegal and punishable by a fine up to $1,000 (source)
  • Any pruning: No work may be performed on or within 50 feet of a street tree without a permit from Parks.
  • Any pest control: Spraying for the control of insects and disease must be completed by a licensed professional. Any applications related to construction activities must be accompanied by the appropriate documentation required in the Tree Work Permit.
• Obtaining a permit for tree maintenance requires Parks and possibly, DOB approval
  • Permits take at least 30 business days for an application, and in some cases, need to be ready 20 business days for any work to occur
  • If the permit is granted and the approved plan is followed, this likely shields the permitted party from liability for ensuing damage. If the permitted party deviates from the scope of the permit, liability may attach
  • The city may face liability if the permit should not have been granted - but a negligence standard still applies

📜 Short term policy improvement opportunities

For simple maintenance: No permit level

How it works today

• Tree permit required for any, even a small branch or pest removal
• At least 2 months until any work can occur

Proposal

• No permit required for pruning branches up to a certain width (e.g., 2 inches)
• No permit required for approved pest removal (e.g., wasp nest)
• Work can occur immediately
• Parks assumes no liability on work done
• Existing DOS requirements for waste disposal will apply to tree refuse

For medium and complex maintenance: Streamlined permitting process & enable small business owners

How it works today

• Estimated 2-3 month approval process
• Complicated web form to receive tree permit approval, often requiring building plans
• No guidance on how to find an approved arborist

Proposal

• Reduce tree permit SLA to less than 1 week over the next year
• Post a database of approved arborist and tree pruners as a public resource
  • Sub-contract from the city where businesses can be provided partial or full reimbursements after showing proof of work
• Simplify existing web form for tree permitting

Benefits to the City

• Fewer permit applications to review
• Lighter burden for Parks Department to perform pruning
• Liability transfer for simple pruning efforts