Terms and Conditions

Rooted In Cheyenne Terms and Conditions

I. Purpose

1. To create a cost-share tree program that helps the Cheyenne community to supplement fees for purchase/replacement of trees in the city’s right-of-way to encourage canopy growth within our city limits.
2. Definitions:
• Ornamental Tree – Mature size height and a crown spread of fewer than twenty feet.
• Shade Tree – Mature size height of over forty feet with a crown spread greater than thirty feet.
3. We do not warranty trees or refund money for trees purchased. We do try to give your trees the best care to ensure survival.

II. Requirements

1. Tree planting will occur within the public rights-of-way or adjacent to the property owned by applicants within the city of Cheyenne.
2. Cost-share of 50% of the tree purchase price, including shipment and delivery to the homeowner, not to exceed $50 in total.
3. Rooted in Cheyenne will purchase trees at a wholesale value not to exceed $100 per tree.
4. The program will allow one application per year per resident not to exceed a maximum of $500.
5. The program reserves the right to designate planting areas for individual properties per city policies and standards on rights-of-way.
6. Homeowners may reapply at the beginning of each year, but priority will be given to applicants who have not yet received a tree through our program.
7. Tree sizes and varieties will be subject to final approval by City Arborists in regards to the requirements of city rights-of-way as follows:
8. City Ordinance 12.16.020 – Planting of certain species of trees and shrubs in public rights-of-way—Limited:
9. The tree lawn area is the landscape area within the public rights-of-way between the street curb and the sidewalk. It is unlawful to plant or cause to be planted any of the following:
• Within the tree lawn area, coniferous trees;
• Within the tree lawn area, deciduous or evergreen shrubs that cannot be maintained to a height of less than thirty (30) inches;
• For properties with a public sidewalk attached to the curb, no newly planted deciduous trees within two and one-half feet of the public sidewalk, nor any newly planted conifer trees within seven feet of the sidewalk.
10. Specific tree spacing is required between trees in the public rights-of-way along city streets and specific planting offsets in the public rights-of-way from streets, curbs, sidewalks, and alleys. Spacing and offset distances for several trees that are adapted to grow within the city are outlined in Section 12.16.070 of this chapter.

(Ord. No. 3967, § 1, 1-28-13; Ord. 3613 § 1 (part), 2004)

1. City Ordinance 12.16.060 – Planting, pruning, removal, or altering of trees, shrubs—Permit required.
2. It is unlawful for any person, including tree maintenance businesses to plant, prune, remove or structurally alter, as determined by the director of forestry and per Section 12.16.070 of this chapter, any tree within the public street, alley, or sidewalk rights-of-way, or other public places, within the city without having first obtained a written permit from the director of forestry.
3. Persons desiring a permit to prune, remove, or structurally alter any tree within the public street, alley, or sidewalk rights-of-way, or other public places, must submit a written application on forms provided to the office of the director of forestry. A permit fee of five dollars ($5.00) for each single property address site where the proposed work will be conducted must be submitted with the application. Each permit issued will be valid for a single property address and only for the type of work indicated by the applicant on the application form.
4. Persons desiring to plant trees within the public street, alley, or sidewalk rights-of-way, or other public places, must submit a written application for a permit on forms provided to the office of the director of forestry. There is no permit fee, however, before issuance of a permit, the director of forestry, or designee, may inspect the planting site requested in the application form.
5. The director of forestry is authorized to request any information deemed necessary to determine whether application approval will be provided. Applicants will agree in writing to hold harmless the city, its employees, and agents from any claims that may arise as a result of the work performed for which a permit is issued.
6. All tree work performed under permits issued must comply with Section 12.16.070 of this chapter. Permits will be effective for thirty (30) days from the date of issuance. The director of forestry shall assess a penalty fee of twenty dollars ($20.00) per single property address where work has been conducted without a required permit.
7. To assist in preventing hazardous conditions, during emergencies involving the need for immediate cutting, pruning, removal, or other structural alterations of trees, the director of forestry, or designee, may issue a permit without a prior written application being submitted, and may waive permit fees.

For emergencies, persons conducting tree work within the public rights-of-way or upon public property must immediately report, but not later than the next business day, the action taken to the office of the director of forestry. Tree work will be inspected and formally documented by the director of forestry, or designee.

(Ord. 3613 § 1 (part), 2004)

1. City Ordinance 12.16.040 – Responsibility of property owners.
2. It is the duty of the owner of property abutting any public street, alley, or sidewalk rights-of-way, or other public places, to properly maintain and care for all trees, shrubs, hedges, or vines located upon or affecting these areas. The director of forestry shall have the authority to require such property owners to provide proper maintenance, which includes, but is not limited to, providing a fourteen-(14) foot clearance above street and alley surfaces and an eight-foot clearance above sidewalks.
3. Property owners will be provided with written notice by the office of the director of forestry advising of any maintenance work to be performed and a time frame in which the work is to be completed.
4. An owner of property abutting the public street, alley, or sidewalk rights-of-way, or other public places, is not responsible for the trimming of any trees, shrubs, hedges, or vines necessary to provide clear visibility of traffic-control devices or other traffic-control/regulatory signs. The director of forestry must provide for any trimming work necessary for these situations.

(Ord. 3613 § 1 (part), 2004)

III. Procedures

1. Procedures for Rooted in Cheyenne will include a list of tree varieties, planting instructions (to include: volunteers, crew leaders, City employees, and property owners), and maintenance responsibilities for all parties involved.
2. Applicants to the program may choose from a list of approved trees after the site visit of their property is complete and a tree selection email has been sent.
3. The approved tree list will include varieties of trees in two categories as follows:
• Shade and ornamental trees (see Definitions – I: B for further details).
4. A designated consultant for the program will determine planting viability, spacing, permits, and applicable tree varieties for potential properties per right-of-way policies (see Requirements II: C, 1-3 for further details).

Planting:

1. Planting days will be scheduled by permanent staff and available for volunteer sign-up through the Rooted in Cheyenne webpage.
2. Planting days will vary depending on the amount of property owner requests and tree availability.
3. The City of Cheyenne is not responsible for removing, maintaining, or replacing damaged trees.

Maintenance:

After planting, the property owners shall take full possession of said tree(s). Property owners are responsible for any trees planted in the City’s rights-of-ways and therefore are solely accountable for any care the tree(s) will require.

Tree Specifications

1. All tree placements, varieties, and sizes will be determined by Rooted in Cheyenne staff via permits for property owners before planting dates.
2. Rooted in Cheyenne reserves the right to contact the property owner in regards to management and care of any tree(s) planted through our program.

Financial/Cost Share Details

1. Rooted in Cheyenne’s Participant Contract fully outlines obligations of the program and the property owners in regards to tree planting, prices, etc., to be signed by both parties.
2. Rooted in Cheyenne agrees to purchase trees for public plantings at a lower cost through wholesale nurseries and/or bulk purchases.
3. Rooted in Cheyenne agrees to pay 50% of the total tree cost for each approved property owner up to the pre-approved maximums per year, per property. All remaining costs will be paid by approved property owners before tree planting dates.
4. Rooted in Cheyenne will process all applications and fees for tree costs associated with the program in its entirety.
5. Trees not planted on the scheduled planting date due to homeowner delay can be purchased by the property owner at the full asking price. Refunds or exchanges will not be permitted in regards to homeowner delay.

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