Chapter 12.24A LANDSCAPE PLANTING AND BEAUTIFICATION

Wherever used in this chapter, unless the context otherwise requires:
"Arborist" means the Maui County arborist.
"Committee" means the Maui County arborist committee.
"Exceptional trees" means a tree or stand or grove of trees with historic or cultural value, or which by reason of age, rarity, location, size, aesthetic quality, or endemic status has been designated by ordinance as worthy of preservation. Exceptional trees may be designated generally by history or individually by location or class or as otherwise provided by law.
"Hazardous tree or shrub" means any tree or shrub which overhangs or encroaches onto any sidewalk, street or other public place in such a way as to impede or interfere with pedestrian or vehicular traffic or travel on such public place, or which obstructs any street lamp, traffic-control device or utility line except for electric power lines.
"Landscape planting" means the establishment of plantings in a comprehensive fashion which is intended to enhance environmental and visual quality.
"Landscape planting plan" means the Maui County landscape planting plan prepared by the committee pursuant to section 12.24A.030 of this chapter.
"Park trees" means trees in areas, other than street rights-of-way, which are owned, controlled or regulated by the county and used for public park or recreational purposes.
"Plan reviewer" means the Maui County arborist committee plan reviewer.
"Public area" means all parks, roads, streets, rights-of-way, and other areas owned, leased, maintained or otherwise under the control and domain of the county.
"Street trees" means all trees planted or growing within the right-of-way of all streets, avenues, roads or highways under the jurisdiction of the county.
"Tree" means any perennial plant with a woody trunk, branches, and leaves. (Ord. 2268 § 1, 1993: Ord. 1944 § 2 (part), 1990)

A. Establishment. There is established a Maui County arborist committee which shall consist of nine members appointed and who may be removed by the mayor with notice to, but without approval by, the county council. The members shall be residents of the county with professional or other interest in landscape beautification. There shall be six nonvoting, ex-officio members consisting of: the arborist, the plan reviewer, the director of parks and recreation, the director of public works and waste manangement, the director of planning, and the director of housing and human concerns or their respective designees.
B. Terms and Operations. Section 13-2 of the revised charter of the county shall apply to the committee in the same manner as said provisions apply to boards and commissions recognized by the revised charter; provided that any member may be reappointed to a second consecutive term and provided that any vacancy on this committee shall be filled by appointment by the mayor with notice to, and without approval of, the county council.
C. Duties and Responsibilities.
1. The committee shall have prepared for review by the mayor and county council a landscape planting plan which shall serve as a guide for the care, preservation, pruning, planting, replanting, removal and disposition of planted material in public areas throughout the county.
2. The committee shall serve as a reviewing body for any landscape planting in public parks and street beautification programs.
3. The committee shall review and make recommendations to the director of planning for his approval or disapproval of proposals that have been reviewed by the plan reviewer and found to be inconsistent with the landscape planting plan.
4. The committee shall research, prepare and recommend exceptional trees to be protected and appropriate protective ordinances, regulations and procedures to the mayor and county council.
5. The committee shall review and comment on any rules and regulations of executive agencies governing the planting, replanting, removal and disposition of park and street trees and plantings in the county.
6. The committee shall identify to the director of parks and recreation any areas within the county where there are no abutting owners to maintain street trees and where the county should maintain or beautify.
7. The committee, after consultation with the department of public works and waste management and the department of parks and recreation, shall promulgate rules and regulations pursuant to chapter 91 of the Hawaii Revised Statutes for the following:
a. Practice and procedure for the committee,
b. Exceptional trees,
c. Approval of landscape planting proposals,
d. Planting and care of trees and landscape planting in public parks and streets, including irrigation systems for street trees.
When rules or regulations do not cover a particular circumstance, the committee shall recommend appropriate action.
8. The committee shall establish a list of exception trees in the county. The list of exceptional trees shall be adopted by the county council and shall be deemed incorporated by reference to this section. The procedures for designating an exceptional tree are as follows:
a. Any citizen or citizen group may petition the committee to recommend for designation of a particular tree or stand or grove of trees with historic or cultural value, or which by reason of age, rarity, location, size, aesthetic quality or endemic status as worthy of preservation as exceptional tree(s) for the county. The committee shall recommend to the county council for its adoption any addition to the exceptional tree list.
b. The committee, on at least an annual basis, shall re-examine the designated exceptional trees, and in the event such tree is found to be dangerous or diseased beyond repair, the county council, may remove such tree from the list of exceptional trees.
c. Upon designation by the county council of an exceptional tree, the committee shall notify the property owner and/or the occupant of the property by registered mail that such designation has been made. Notice shall also be filed with the bureau of conveyances stating that the exceptional tree has been so designated. (Ord. 2268 § 2, 1993: Ord. 1944 § 2 (part), 1990)

A. Contents. The landscape planting plan shall be advisory and shall include, but not be limited to, the following:
1. The objectives and policies of the county for the establishment of landscape planting and the preservation and protection of trees in the county;
2. Guidelines for the establishment of landscape planting on streets and in parks;
3. Guidelines for the maintenance and care of landscape planting and exceptional trees in public areas;
4. Contain an official list of street trees;
5. Designate the type of trees which are suitable for planting in the various geographical locations of the county as delineated in the general plan;
6. Identify the types of street trees for planting within the rights-of-way of streets, avenues, roads or highways under the jurisdiction of the county;
7. Identify the types of park trees for planting within public parks and recreational areas under the jurisdiction of the county;
B. Adoption.
1. The landscape planting plan may consist of separate parts, as determined by the committee, and may be submitted in parts for public hearing, and to the council and mayor as provided for in subsections 12.24A.040(B)(2) and (3) of this chapter.
2. The committee shall hold at least one public hearing on the landscape planting plan prior to its submission to the mayor. Prior to the holding of the public hearing, the landscape planting plan shall be submitted to the council for its review and comment.
3. After holding a public hearing, the landscape planting plan may be amended or approved by the committee and shall take effect upon approval by the mayor.
4. Upon its approval, the landscape planting plan shall serve as an advisory document to all county departments.
5. Any subsequent, substantive change in the landscape planting plan shall be subject to the provisions of subsections 12.24A.040(B)(2) and (3) of this chapter. (Ord. 1944 § 2 (part), 1990)

A. The director of parks and recreation shall be responsible for overseeing and coordinating the planting and maintaining of all trees and landscape plantings in public parks and rights-of-way of streets in the county.
1. There shall be a Maui County arborist and staff within the department of parks and recreation to plant and maintain trees in the public parks and rights-of-way of streets.
2. The arborist shall advise the arborist committee on the landscape planting plan and exceptional trees, and shall advise the committee, the public and all agencies in the planting, care and preservation of trees and landscape plantings.
B. The landowner abutting a street, avenue, road or highway under the jurisdiction of the county may plant a street tree within the county right-of-way abutting the landowner's property with the recommendation of the committee and approval of the directors of public works and waste management and parks and recreation and subject to reasonable conditions consistent with the landscape planting plan.
C. Any person may plant street trees within the county right-of-way with the recommendation of the committee and approval of the directors of public works and waste management and parks and recreation and subject to reasonable conditions consistent with the landscape planting plan.
D. Subdivisions.
1. For any subdivision of property into four or more lots, the director of public works and waste management shall require from the subdivider, a planting plan which identifies the areas where street trees may be planted, so as not to interfere with the health, safety and welfare of the public. The director of public works and waste management shall require the planting of trees in conformance with the approved planting plans, the landscape planting plan and applicable law.
2. The number of recommended street trees for a subdivision and provisions for their irrigation shall be provided for in accordance with the landscape planting plan.
3. The director of public works and waste management shall require a plan of irrigation in addition to a description of the number of trees, location, type and sizes and other requirements that are in accordance with the planting plan.
4. Notwithstanding any provision to the contrary, irrigation systems for street trees shall not require easements when such systems are in the county right-of-way; provided, however, that the landowner abutting the county right-of-way shall execute an agreement, running with the land and recorded with the bureau of conveyances, indemnifying the county against any liability, damages, or claims including property damage or personal injury arising from such systems.
5. Notwithstanding any provision to the contrary the plans proposed for the subdivision shall be reviewed by the plan reviewer for compliance with the landscape planting plan and approved by the director of planning.
E. The department of parks and recreation shall be responsible for all general maintenance on street trees that are designated to be maintained by the county except that the property owner abutting any planting strip shall be responsible for watering and occasional fertilizing. The property owner abutting any planting strip shall also be responsible for the maintaining and weeding of the planting strip. (Ord. 2286 § 5, 1993: Ord. 1944 § 2 (part), 1990)

A. Any hazardous tree or shrub planted on private property shall be trimmed by the owner of the premises on which such tree or shrub grows so that the hazard shall cease.
B. Any tree or shrub not planted on private property and which interferes with utility lines shall be trimmed by the utility companies whose lines may be affected. Except for electric power lines, private property owners are responsible for trimming trees and shrubs which interfere with utility lines over their property.
C. When a landowner fails to trim a hazardous tree or shrub pursuant to section 12.24A.090(A), the director of parks and recreation upon being notified of such hazardous condition may notify the owner of record in writing of the hazardous tree or shrub, describing the conditions, and establishing a reasonable time within which corrective steps shall be taken. For the purpose of this chapter, a "reasonable time" shall be no more than fourteen calendar days from the date of mailing of the notification, which mailing shall be by certified mail. In the event that effective steps to correct the dangerous condition are not taken within the time specified, it shall be lawful for the county to abate such condition to the extent necessary to assure compliance with the foregoing requirements. The costs thereof shall be assessed to the responsible owner.
D. Should the county take action to abate dangerous conditions, the cost of such abatement shall constitute a lien against the property which will run with the land. Notification of the imposition of the lien shall be sent to the owner of record. Failure to discharge such lien shall be enforceable in the same manner as a default in payment of real property taxes. (Ord. 1944 § 2 (part), 1990)

A. Whoever shall wilfully, maliciously or negligently mutilate, cut down, dig up, burn or otherwise injure any street or park tree, or other ornamental plant or shrub, growing on any public way or in any public park of the county, unless authorized by the director of public works where such is located in a public right-of-way or by the director of parks and recreation, where such is located in a county park, shall be deemed guilty of a misdemeanor, and upon conviction, shall be punishable by a fine of one thousand dollars or imprisonment not to exceed one year, or both.
B. Whoever shall fail to maintain by watering and weeding an abutting street tree or planting strip, or both, pursuant to section 12.24A.070(E) of this chapter, or fail to remove obstructions pursuant to section 12.24A.090 of this chapter shall be deemed guilty of a violation and upon conviction thereof shall be punishable by a fine not exceeding $500.
C. Whoever shall wilfully, maliciously or negligently mutilate, cut down, dig up, burn or otherwise injure any exceptional tree shall be deemed guilty of a misdemeanor and, upon conviction, shall be punishable by a fine of $1,000 or imprisonment not to exceed one year, or both. (Ord. 1944 § 2 (part), 1990)