§ 37-21. Tree trimming, removal, etc. by public utilities.

(a)

Public utilities serving unincorporated areas of the parish may be granted special area permits by the parish based on area and route plans submitted by the public utility to, and approved by, the department of parkway, to prune trees and shrubs and also to remove trees of those species not on the "desirable trees" list that are located on public property and threaten the safety of utility lines or utility equipment. Such permits shall expire twelve (12) months after their date of issue, unless prior to the expiration of the permit, a written request for an extension of the permit which explains the need for the extension, is received by the parish department of parkway from the utility and the extension is granted. Such permits shall be issued under the conditions outlined below:

(1)

The public utility shall submit its area and route plan to prune trees and shrubs on public property that threaten the safety of utility lines or equipment of the utility to the parish department of parkway for review and approval at least thirty (30) days prior to the proposed commencement of any cutting or pruning of trees and shrubs on public property.

(2)

The public utility shall submit to the parish:

a.

A surety bond in an appropriate amount to be determined by the department of parkway for the satisfactory performance of the permitted procedures, plus liability insurance in the amount of one million dollars ($1,000,000.00) and shall agree in writing to indemnify the parish for any damages to public property and against claims of third parties for personal injury and property damage, including related attorney fees and court costs, as a result of any acts by the public utility related to said permit.

b.

The public utility shall furnish to the parish affidavits of acknowledgement regarding indemnification and insurance as outlined in this article under the requirements for a parish-licensed tree service operator's license or a parish licensed landscaper's license and regarding the parish regulations, including the provision that the public utility shall operate in accordance with applicable guidelines in the "Standards for Pruning Shade Trees," published by the National Arborists Association, Inc. and the "American National Standards for Tree Care Operation - Tree, Shrub and Other Woody Plant Maintenance Standard Practice", 1995 Edition published by the American National Standards Institute (ANSI), as amended and currently in effect at the time of such work on public property.

c.

The public utility shall submit to the parish the fee for this special permit at the rate of one cent ($0.01) per linear foot of the route in each area and route plan submitted by the public utility. Every five (5) years the rate for said fee shall increase by the average increase, if any, in the Consumer Price Index ("CPI") published by the United States Department of Labor, Bureau of Statistics Labor (or functional successor) for "all items categories" for the preceding five (5) years. The initial increase shall become effective on the fifth anniversary of the effective date of this ordinance and said fee shall be so increased on every fifth anniversary thereafter. The rate of the fee shall never decrease.

(3)

The public utility shall not commence any cutting, pruning or removal of trees and shrubs on public property until said area permit has been issued by the parish except as provided below in this article.

(4)

The area permit may authorize the removal of dead, diseased or termite infested trees and shrubs located on public property. However, a public utility shall provide by certified mail, return receipt requested, a written notice of its intent to remove such a tree or shrub to the owner of private property immediately adjacent to the public property on which the tree to be removed is located. Further, a public utility shall not remove any tree or shrub for at least seven (7) days following said owner's receipt of the required notice.

(b)

In response to a request from a private property owner, a public utility may trim a tree or other vegetation located on public property immediately in front or side of the said owner's property between owner's property line and the street right-of-way without a permit or approval from the parish.

(c)

In response to a request from a private property owner, a public utility, with the approval of the parish department of parkway, may remove a tree not listed on the desirable tree list or other vegetation located on public property immediately in front or side of said owner's property between owner's property line and the street right-of-way. No fee shall be charged for such a permit.

(d)

Tree trimming and removal by a public utility shall be performed only by employees of the utility or by a parish licensed tree service operator acting as an agent of the public utility.

(e)

In the case of a true emergency, public utility companies may perform the minimum such pruning or digging measures that are necessary to restore or to avoid the loss of service or to abate imminent endangerment to human life without a permit under the following conditions:

(1)

All pruning or digging within the root system of a tree or shrub shall be done in accordance with the rules, of good arboricultural practice as set forth in the publication. "Standards for Pruning Shade Trees," published by the National Arborists Association, Inc. and "American National Standards for Tree Care Operation - Tree, Shrub and Other Woody Plant Maintenance Standard Practice", 1995 Edition published by the American National Standards Institute (ANSI), as amended and currently in effect at the time of such work.

(2)

Any emergency work must be subsequently brought up to appropriate standards to the greatest extent possible subject to the discretion of the department of parkway. Such remedial work shall be commenced as soon as possible.

(f)

Notwithstanding the above, except for the removal of a tree from pubic property,, a permit need not be obtained by a public utility in connection with providing a service line or drop in the provision of utility service provided at the request of any of its customers.

(Ord. No. 21243, § 1, 3-21-01)