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~ 21.5-10 MARTINSVILLE CODE Sec. 21.5-10. Public tree care. The city shall have the right to plant, prune, maintain and remove trees, plants, and shrubs within the lines of all streets, alleys, avenues, lanes, squares, and public property, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of public property. 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 public property, public buildings, sewers, electric power lines, gas lines, water lines, or other public improvements, or is affected 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 said trees is in accordance with this chapter. (Ord. No. 2004-20, ~ X, 1-25-2005) Sec. 21.5-11. Tree planting, maintenance, and removal. Tree species: The city tree board develops and maintains a list of desirable trees for planting along streets in three sizes: small, medium and large. Spacing: The spacing of street trees will be in accordance with the three species size classes listed in this chapter, and no trees may be planted closer together than the following: small trees, thirty (30) feet; medium trees, forty (40) feet; and large trees, fifty (50) feet; except in special plantings designed or approved by a landscape architect. Utilities: No street trees other than those species listed herein as small trees may be planted under or within ten (10) lateral feet of any overhead utility wire, or over or within five (5) lateral feet of any underground water line, sewer line, gas line, transmission line or other utility. Distance from curb and sidewalk: The distance trees may be planted from curbs or curb lines and sidewalks will be in accordance with the three (3) species size classes listed in this chapter, and no trees may be planted closer to any curb or sidewalk than the following: small trees two (2) feet, medium trees three (3) feet, and large trees four (4) feet. Topping: It shall be discouraged as a normal practice for any person, firm, or city department to top any street tree, park tree, or other tree on public property. Topping is defined as the severe cutting back of limbs 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 pruning practices are impractical shall be exempted from this chapter as determined by the chief of electrical operations, manager of business and technical services or the director of financial and general servIces. (Ord. No. 2004-20, ~ XI, 1-25-2005) Supp. No. 61 1288