Gemert-Bakel tree policy plan

Until now, the municipality of Gemert-Bakel has not had a comprehensive policy focused on trees.
To safeguard the characteristic landscape and a healthy living environment, the municipality of Gemert-Bakel wants to protect and improve the tree stock where necessary. There is also a need for a clearer assessment framework for nuisance trees, to ensure clear communication to
communication with the public and to be able to deal efficiently with applications for felling.
With the college program, the board strives for more valuable greenery in the countryside and public spaces. In addition, the college program has as its premise that it wants to communicate transparently, businesslike and reliable with fewer rules and controls.
With the council, the Green Ambition and the Frameworks for Tree Policy were established in 2015 together with relevant officials, the Steering Committee on the Outlying Area and the Committee on Space. From these frameworks and the above points, the tree policy was further developed.

The tree policy focuses on three goals:

Preserving trees

The municipality of Gemert-Bakel is convinced that trees are valuable and should be treated with care. In addition, the municipality believes that trees in private gardens should only be regulated in exceptional cases. The tree protection policy
strikes a good balance between general and individual interests. The Green Map method is used to develop this tree protection policy. This tree policy explains the method and rules surrounding tree protection. The Green Map itself is an elaboration of this policy and will be drawn up in collaboration with concerned citizens and interested volunteers over the next six months and explained at walk-in evenings.
The Green Map and tree ordinance will then be adopted by the college.
The City Council will be informed of the decision.

Structural replacement

Trees have a certain lifespan. In order to avoid problems with decaying trees, it is important to replace them just in time; not too early because that is capital destruction, and not too late because it incurs additional maintenance costs.
Taking into account the turnover time of trees, the desired quality requirements and a decrease in the total number of trees, about 650 trees need to be replaced annually to maintain the characteristic tree stock and a healthy living environment.

Management and duty of care

With proper companion pruning of young trees, fewer problems are expected later in the life cycle of the trees. The trees are then demonstrably safe and in good condition. The tree database gives us insight into the number of trees and their exact locations. A VTA (quality control) baseline measurement is necessary to gain insight into the quality of our tree stock.

Finance

The budgets are included as a proposal in the 2017 budget note and structurally included in the multi-year budget. A structural amount of €109,000 is needed for tree replacement. For further research, specialist pruning, oak processionary caterpillar control and database subscriptions, €16,000 is structurally required. In addition, a one-time €62,500 is needed in 2017 for a VTA (quality control) baseline measurement.

College Program

The municipality has been devoting much attention and energy to a sustainable tree population for many years and works with a number of policy principles formulated in the green policy plan 'Seven cores in green'. However, the municipality of Gemert-Bakel does not have a comprehensive tree policy. We want to protect and improve the tree stock together.
There is a need for a clearer assessment framework when trees are a nuisance. With the college program, the board strives for more valuable greenery in the countryside and in public spaces.

In addition, the college program has as its premise that they: Transparent, businesslike and reliable communication with fewer rules and controls. This fits well with the observation, that a clear and objective assessment framework for tree nuisance is desirable. Moreover
handling a felling request now takes a relatively long time.

Green Ambition

The Green Ambition and some guiding principles for the tree policy were established with the council in 2015 along with relevant officials, the Rural Area Sounding Board and the Space Committee.

Tree stock in figures

The municipality of Gemert-Bakel has approximately 50,000 trees under management excluding forest and natural areas. Of these, there are about 15,000 trees within built-up areas, in parks and streets. And 35,000 outside the built-up area, mainly along roads. Our municipality also has a large number of trees in private gardens and farmyards.

Understanding quantity and quality

The desire is to have more insight into the quality, locations and exact size of the municipal tree stock. This can then be used to better manage safety and quality.

Time investment logging applications

The current tree ordinance includes, in addition to all municipal trees, all private trees with a trunk circumference greater than ninety centimeters, measured at 130 centimeters in height. In 2014, 110 permits were applied for private trees, 90% of which were granted. This could be done more efficiently by including all valuable private trees on one map (the Green Map). People can then quickly assess whether their tree requires a permit or not. Significantly fewer permits will then need to be assessed per year. The
time freed up can be put to good use in managing the trees in a more structural way.

The task with which we set to work was to prepare the following documents:

Drafting Green Ambition

• This is an overarching vision of green space that can also be used as a paragraph in the structure vision.

This is a separate document detailing the outline of all the greenery, in Chapter 2 we have included a brief summary of this.

Drafting Tree Policy

• Clarity on the future of tree stock.
• Clarity on tree protection, felling and replacement.
• Clarity on the consideration framework for tree nuisance.

This is detailed in Chapters 3 (vision), 4 (goals) and 5 (protection), these three chapters form the core of the tree policy.

Drafting Tree Management Plan

• Management / duty of care / budgets

The final chapters of this report present tree management.

To arrive at a broadly supported new tree policy, we started the process in 2015 by drafting a new core-like Green Ambition and 5 frameworks for the future tree policy (Chapter 2). Input for this "Green Ambition and Frameworks for Tree Policy" was collected by holding meetings with relevant officials, the Outlying Area Sounding Board Group and the Spatial Planning Commission. The Green Ambition and the 5 Frameworks for Tree Policy were adopted by the City Council on June 4, 2015.

Relationship green policy ' Seven cores in green'

The green policy report "Seven Cores in Green" is thus replaced in stages by the new policy. The new Green Ambition replaces the vision section. This tree policy replaces section 5.4 and the nuisance policy. The green structure, green standard
and parks will be elaborated in a future Green Structure Plan to be drawn up. Chapter 8 of "Seven Cores in Green" will be replaced by the financial sections in this tree policy.

Vision of trees and tree protection

The input gathered was then used to shape the "Green Ambition" and the "5 Frameworks for Tree Policy," the "Vision for Trees Drafted" (Chapter 3), the "Goals of Tree Policy" (Chapter 4) and the "Tree Protection" (Chapter 5). The designation of trees and avenues to be protected (valuable/monumental) and the preparation
of the Green Map is a separate process. The map will be drawn up with the help of concerned citizens and interested volunteers.
The aim is to complete the Green Map and related tree ordinance this year (2016) and to explain the draft map at two walk-in evenings. The Green Map can then be adopted by the municipal executive in early 2017.
The City Council adopts the updated tree ordinance. After that, the new protection policy will take effect.

Replacement, management and finance (chapters 6 and 7)

The vision of trees and tree protection are translated into management practices. Maintenance activities such as; checking, pruning and replacing are described here. The necessary budgets are named and substantiated. The management plan is included in this
report.

The Green Ambition, in addition to continuing the careful handling of the cultural landscape and green space in the urban area that has been in place for many years, explicitly addresses the importance of a healthy green environment. Conservation of green space plays a major role in this.
In addition, Gemert-Bakel's Green Ambition focuses on the many important values of green space;

• The positive effects of green space on a healthy living environment where the amount or quality of green space affects climate, water storage, particulate matter, economic value of real estate, social cohesion, physical health, biodiversity and visual quality.
• The defining role of green structures for the identity of the Gemert-Bakel landscape and villages.

In addition, the municipality of Gemert-Bakel wants to meet the quality requirements of "functional and safe, efficient to manage and sustainable. By "sustainable" is meant that the applied greenery is given the conditions to grow without causing unacceptable nuisance and can
last a long time. In some places this will mean that less greenery in the streetscape will be sufficient, but that the quality will be better. No greenery at all in the streetscape is not an option for the municipality of Gemert-Bakel. When residents experience a lot of nuisance from the greenery in their neighborhood, this can be a reason to start a neighborhood renovation or neighborhood plan. The greenery is then considered in conjunction with the design of the total public space and, where necessary and possible, tackled integrally. Initiative and active
commitment of residents is highly appreciated.
Finally, propagation of the Green Ambition by the municipality to the residents is an important aspect.

Tree policy frameworks

The five frameworks established for tree policy:

1. That the new tree policy uses the Green Map method. The Green Map lists:
   1. All valuable trees and tree structures;
   2. Also the private monumental trees.
      All private trees not on the Green Map are not subject to a permit. All public trees with a trunk circumference >30cm at a height of 130cm, which are not on the Green Map remain permit required.
2. That a tree database be purchased.
3. What criteria are used for the Green Card.
4. What criteria for replanting obligation are used.
5. That a provision for replanting trees & green compensation be established.

Unique landscape and beautiful trees

The municipality of Gemert-Bakel has a unique location on and around the Peelrand fault. The western part of the municipality is part of the Central Rift, which descends in relation to the higher eastern part, the Peelhorst This Peelrand fault has strongly influenced the formation of the natural landscape and the development of the agricultural cultural landscape. The stream courses, the characteristic plot layout, the road and plot planting, the area-specific buildings are all components that result from this and form the identity of the municipality. Trees are inseparable from the identity of Gemert-Bakel. In addition, trees provide a healthy and pleasant environment in which to live. Reason enough to treat the beautiful trees on our territory with care!

Translation from the Green Ambition

Gemert-Bakel is a beautiful green municipality and we are proud of it! Trees are a substantial part of the greenery within the municipality. So the Green Ambition certainly also applies to trees in Gemert-Bakel.

• Trees contribute to a healthy living environment by purifying the air, absorbing heat and water, and producing oxygen. The Mid-East Brabant region has one of the highest concentrations of particulate matter in the Netherlands; trees offer a healthy counterbalance to this.
• Trees contribute to a flora and fauna in balance by providing habitat and food for animals and producing organic matter for the natural cycle.
• Trees contribute to the visual quality of the residential environment through diversity in mass and space, color, light and shade, and the perception of the seasons.

The quality requirements for green space "Functional and safe, efficient to manage and sustainable" certainly apply to trees as well. In some places, this will mean that the quality of the growing conditions of trees will take priority over the number of trees to be planted (the quantity). That
need not mean that the amount of greenery will be less. A tree planted with enough space around it and with good growing conditions can grow into a strong tree with a nice full crown. In addition, trees are managed in such a way that safety is guaranteed as much as possible.

Biodiversity

To maintain a sustainable tree stock, sufficient variety in species and ages is of great importance. A diverse tree stock contributes significantly to the preservation of biodiversity by strengthening the food, resting and dwelling places for flora and fauna and the diversity in gestation plants for bees and butterflies. It also reduces the risk of major tree disease failure and/or nuisance by increasing species diversity. In the outdoor area, native species are desired. In the urban area, a wider range can be chosen from.

Valuable tree stock

A tree stock is valuable when citizens are also satisfied with it. Neighbors are always asked to participate in changes and developments that include trees. Citizens can also indicate their own wishes. The tree policy serves as a framework
for the possibilities.
Inhabitants of the municipality are informed about the tree policy and regulations for tree protection. The information will be presented clearly and easily accessible via the website. Interest groups will make a valuable contribution to the creation of a list of valuable trees.
This policy plan elaborates the above vision.

The municipality of Gemert-Bakel is convinced that trees are valuable and should be treated with care. After all, trees contribute to the goals of the Green Ambition of a healthy living environment and are part of the Gemert-Bakel cultural landscape. In addition
The municipality believes that regulations should only apply to trees in private gardens in exceptional cases (the valuable trees section 5.1 point 4 ). The tree protection policy establishes a good balance between general and individual interests.

Tree structures

Some trees and tree structures are part of cultural-historical structures or avenues in a special way. In both urban and rural areas, they contribute to the image quality of the environment. Gemert-Bakel is a beautiful municipality rich in trees. Many
roads have accompanying rows of trees and plots of land have traditionally had edges consisting of wooded banks or canals. Depending on the type of landscape, there are differences in the planting structures.
In line with the Green Ambition, we want to continue to emphasize, strengthen and develop these differences in tree structures. Trees that are part of these structures are given an extra high protection status.

Valuable trees/tree groups

Just outside the structures are the valuable solitary trees or groups of trees. These trees stand out because of their majestic appearance, associated story, exceptional species or have the potential to represent these values in the future. The valuable
trees contribute to the appearance of the environment and the historical awareness of citizens. In line with the Green Ambition, these trees are given special protection status in this tree policy.
Private owners of a valuable tree will be clearly informed about the protected status, guidelines for maintenance and the possibility of subsidies (see section 5.3).
To record this protection policy clearly and transparently for everyone, we will work with the Green Map method. This will be drawn up:

• A Green Map; this map records trees worthy of protection. This map is the basis for tree protection and can be viewed by anyone.
• A (tree) ordinance adapted from the Green Map method.
• Flow charts to assess degree of protection and replanting obligation.
• Rating system for complaints. A transparent scoring system balancing the tree interest and removal interest.

To avoid problems with decaying trees, it is important to replace them just in time. Not too early, but certainly not too late either. Assuming that trees within the built-up area last 45 years and trees outside the built-up area last 80 years, about 770 trees per year will have to be replaced in order to maintain our beautiful tree stock. The trees are given the conditions to grow healthily without causing unacceptable nuisance and to last for a long period of time. Since the vision focuses on quality over quantity, a slightly
smaller number of trees to be replaced, namely 650 per year. This requires an annual budget.

The trees are demonstrably safe and in good condition. Management is aimed at the sustainable preservation of both new and existing trees. Information about quantities, checks and planning is transparent and it can be substantiated where tasks lie in terms of resources and capacity. Settlement and recovery of damage to trees is included in the work process.

The Green Map method is a clear and quick way for citizens to check the status of trees on private land. Trees on private land that are not on the Green Map are not subject to permit requirements. In addition, the Green Map is a transparent and clear way to attach a higher protection status to the most important spatial tree structure and solitary trees. The Green Map can easily be shared in the municipal organization so that everyone is aware of the valuable trees.
The map is also shared with citizens. This way everyone has insight into the municipality's methods and goals regarding tree protection.

The Green Map is prepared by using information from already existing policy maps ( Seven cores in green, cultural history values map) and with new input from the municipal organization. The map is then supplemented with data from the
new tree database and new inventories.
The solitary valuable trees will be inventoried with the help of concerned citizens and interested organizations.

The Green Map lists private trees worth protecting. The Green Map also shows the municipal tree structure within the built-up area. The municipal green structure included in the green policy "Seven cores in green 2009-2018" forms the basis for the tree structure within the built-up area. In the outlying area a new inventory will be made to define the main structures.

The Green Card is divided into:

1. Tree structure within the built-up area
   These are the tree structures that are inseparable from the image quality and urban design of the urban area within the municipality. This includes the large avenues, possibly neighborhood structures, waterways and connections to the outdoor area. These
   structures are mapped as zones (containing tree points) or individual points. All trees that fall in a zone belong to the Tree Structure within the built-up area.
2. Valuable trees
   Valuable trees are the prominent accents in the tree stock. They can be privately owned trees or public trees. The trees can be in urban or rural areas. They are solitary trees, small groups or small and medium-sized structures
   (also within valuable landscape elements). Criteria to be met by valuable trees are described in Appendix 2. Each valuable tree will appear as a point on the Green Map.
3. Structure of trees in the outlying area
   Tree structures in the outlying area that enhance the character of the landscape as described in the policy plan 'Beeldkwaliteitsplan landelijk gebied Gemert Bakel' are on the Green Map. The tree structures consist of road or avenue planting, or rows of pollarded trees. These structures are put on the map as zones (containing tree points) or individual points. All trees that fall in a zone belong to the tree structure outdoors.

Wood stands indicated on the Green Map are protected through the Tree Ordinance. A permit can be granted when the criteria set forth in the Tree Ordinance are met. The criteria describe, among other things, the following topics:

• Whether timber stand preservation has been investigated;
• Whether a compelling general social interest gives reason for felling;
• Whether conservation is no longer justified to prevent injury or damage.

The protection through the ordinance cannot apply to stands of trees that fall under the Nature Protection Act. The Nature Protection Act mainly covers trees outside built-up areas. Protected wood stands in the outlying area are protected as much as possible by means of a construction permit Felling via the zoning plan.
Also, the protection does not apply to a wood stand that must be felled because of the Plant Diseases Act. Finally, some management measures are also excluded from protection.
These exclusions from protection are also established in the Tree Ordinance.

Public trees

Not only the trees on the Green Map are part of the Gemert-Bakel cultural landscape or contribute to the goals of the Green Ambition. The trees that are not on the Green Map also contribute to this. That is why we are careful with these trees.
Trees with a trunk circumference larger than 30 cm on a trunk height of 130 cm, which are not on the Green Map but are on public land, require a permit. Felling requests for these trees are assessed using the 'process steps for felling request' (see Appendix 3).
When trees need to be cut down because of management measures, the municipality can apply directly for an environmental permit. If there are complaints from residents about the tree, the 'tree complaints policy' (section 5.2 and appendix 7) is used and, when necessary, the 'assessment system removal interest versus preservation of timber stand' (see appendix 8) is followed.

Private trees

Trees on private land that are not on the Green Map are not subject to permits.

Trees can cause a nuisance. For example, because many leaves blow into gardens, because they provide excessive shade or because sticky secretions of lice stain cars. This can lead citizens to file complaints about trees in public spaces with the municipality. Then it is important to start the conversation, highlight both sides of the situation, and perhaps through some small measures or tips, alleviate the nuisance to such an extent that the complaint can be withdrawn.

Nuisance complaints

It appears that many complaints about municipal trees serve an individual interest, while municipal greenery and trees are actually planted to serve the general interest as articulated in the Green Ambition. A good balance between general and individual interests is necessary.
When intervening in green spaces, it is important to realize that every situation is different and an appropriate assessment must be made for each situation. Implementing one measure does not lead the municipality to feel compelled to take the same action in similar situations. Each situation is assessed individually.

Restraint

The municipality is reluctant to take action on individual complaints. To maintain the green quality of the municipality and the values of the Green Ambition, citizens will have to accept both the burdens and the pleasures of public green space, including trees. Appendix 7 contains an overview of possible nuisances, along with an explanation of how the municipality deals with these nuisances.

Picking up signals

On the other hand, the municipality does see nuisance complaints as signs that something is going on. It is known that there are situations in the municipality that, with current knowledge and expertise, can be considered unfortunate. Sometimes a tree is in
the wrong location, the species choice for that location is inconvenient, or an inadequate growing site is a source of problems. In some cases, then, taking action can lead to multiple gains:

• more residential enjoyment for citizens.
• lower maintenance costs for the municipality.
• a safer living environment.

In these cases, it is important that taking action serves (and certainly does not harm) the public interest.

Approach

A. Prevention and education

When a complaint or report (about a public tree) is made, it is important that the resident be taken seriously. Often the annoyance has built up over a longer period of time. On the other hand, it is important that the municipality's communication also indicates the importance of the trees and that the municipality also actively tries to think and work with them to remove the nuisance; think of:

• pruning;
• removal of tree roots;
• enlarging tree beds;
• lice control;
• collection of leaf;
• controlling the oak processionary caterpillar.

Should these actions not help, residents are free to file a logging request.

B. Felling request review

To ensure that there is a balanced consideration between public interest and individual interest, a "rating system of removal interest versus preservation of timber stands" (see Appendix 8) has been established.
This scoring system assesses the public interest in terms of

• Policy Status;
• Pitch durability;
• Condition/life expectancy;
• Trunk circumference tree;
• Natural and environmental values;
• Species value;
• Image;
• Function.

To ensure individual interest, the degree of nuisance is taken into account.

Important aspects within this are:

• Duration of nuisance;
• Distance between tree and object on / -in which nuisance is experienced;
• Ratio of nuisance to garden/home/environment;
• Degree of nuisance: branch breakage, (bird) droppings, leaf and blossom fall, fruit, allergy, lice (plaque), oak processionary caterpillar, shade;
• Damage to structures or other substantial and/or demonstrable economic damage and/or endangerment from trees.

C. Felling request with multiple applicant

The municipality sometimes receives requests from residents to apply for the renovation of a (part of the) street. Often several residents already support this initiative. The municipality will first investigate whether the street in question is on the planning of other disciplines (integrated multi-year planning); such a request is then taken into account in the prioritization of this planning. Should there be no (technical) reason for replacement in the coming years, we propose to release 10% of the budget for the renovation of trees for this type of project.
for these types of projects. These projects will have their own planning list.

To map all valuable (private) trees inside and outside the built-up area, it is very valuable to make use of the knowledge that exists among citizens and associations.
To complete the inventory, a volunteer group will be formed. This group will make an inventory outside using the established criteria for valuable trees (Appendix 2). Citizens can also contribute their own trees. Inside, the results will be compared and marked on the Green Map.

All citizens who have a valuable tree on their property will be written to with a letter explaining the policy status of the tree in question, why, and the consequences and options. An objection can be made to
the designation as a valuable tree.

Contribution Scheme

The municipality believes that private owners of a valuable tree should be somewhat compensated for the effort involved in caring for the tree. After all, the tree serves a special public interest. The method of support cannot be determined at this stage because it is still unclear how many private valuable trees are involved in the municipality. Once the Green Map has been established, this contribution scheme can be worked out. The starting point is that the administrative burden for the municipality must remain manageable. Also, any financial contribution should not affect the number of private valuable trees to be designated.

The Nature Protection Act excludes many tree structures and forest areas from municipal authority to protect via ordinance when they fall outside the built-up area Forest Act. The aim of the Nature Protection Act is to ensure that the area of forest in the Netherlands does not
less; felling is usually allowed after notification with an obligation to replant within three years. However, the main objective of municipal regulations is to preserve and develop the characteristic cultural landscape. Therefore, it was decided to protect the structures and landscape elements that are worthy of protection from a municipal point of view, but are subject to the Nature Conservation Act, as much as possible through the zoning plan (felling construction permit). Valuable trees within these structures appear on the Green Map.

Developments around the future Environment Act and trees may result in changes to this policy.

Built-up area Forest Act

The built-up area Forest Act is the boundary for the application of the Nature Protection Act. Within this boundary, the municipality can require an environmental permit for felling by ordinance; outside this boundary, the Nature Protection Act applies. The built-up area under the Forest Act of the municipality of
Gemert-Bakel is indicated on the Green Map and coincides with the Built-up Area Traffic Act. The municipal council establishes this boundary by decree together with the Green Map. Trees that fall under the Nature Conservation Act or are an exception to it can be assessed using the flow chart in Appendix 4.

For citizens who want to cut down a tree on their own land, the Green Map provides immediate answers. Furthermore, the Green Map provides certainty about the policy status of the stand. But different measures can apply regarding permit obligation, notification obligation under the Forest Act and
replanting obligation. In order to deal with this unambiguously, there are various assessment instruments (see appendices 4 to 8):

• flowchart Nature Protection Act.
  This flowchart tells you whether a tree is subject to the Nature Protection Act or not and whether a felling notification is required.
• flowchart protection, felling and replacement of trees in Gemert-Bakel for trees covered by the Nature Protection Act.
  This flowchart shows what policy status applies to this tree and what form of replanting obligation.
• flowchart protection, felling and replacement of trees in Gemert-Bakel. This flowchart shows what kind of protection applies to the tree and what kind of replanting obligation.
• The criteria for waiver as defined in the (tree) ordinance.
• Dealing with nuisances.
  An overview of possible nuisances with a rationale "how the municipality deals with these nuisances.
• 'rating system removal interest versus timber stand preservation'. This is a point system in which points are assigned to the removal interest and interest in preserving the timber stand. The rating system is only used by the official responsible for tree policy/felling applications. The rating system is not applicable to trees on the Green Map.

Process steps for logging request are described for different situations in Appendix 3.

Naturally, as a municipality, we intend to act with care in that for which we are responsible. Acting with care comes from the law and is expressed in the form of the duty of care.
Every owner of a tree has a duty of care. This legal obligation stems from the Civil Code (Article 6:162(2)). In fact, this article states that you must act with demonstrable care to avert liability. The tree owner/manager must therefore
demonstrably take sufficient care of his trees to prevent his trees from causing damage or injury to others. If the municipality of Gemert-Bakel has not fulfilled its duty of care then it is liable.

What to do?

The implementation of good tree policy and the systematic implementation and recording of tree inspections are the basis of careful action. In order to avert liability, we must be able to demonstrate that we treat our tree stock with care. In practice, this means that the following data must be provided for each tree:

• With what regularity the trees are checked and why;
• On what date the tree in question was last viewed;
• Exactly what that audit entailed;
• What was observed in the process;
• Whether measures needed to be taken as a result of what was observed and what the urgency was, and, of course, implementing the relevant measure.
• What measures were taken and when.
  Clear records of the above points are indispensable.

What is allowed?

A tree owner himself has the most knowledge of his trees and of the (public) space
in which they stand. Therefore, we can decide for ourselves the frequency with which we check our trees.
The choices we make should be documented and consistently implemented.
consistently.
Basically, the duty of care consists of checking/registering and pruning. In addition
timely removal (and replacement) is important to prevent decay problems.
Finally, a municipality has a duty of care regarding Flora and Fauna, also in trees.

All trees in the municipality are visually inspected at least once every 3 years. Trees with increased risk in a higher frequency. To make this nuance, however, we first need more data on our trees: where are the highest-risk trees and what are the highest-risk locations?

Tree database / tree management system

Currently, all trees on municipal land are being mapped. When this tree database is fully populated (including tree characteristics such as species, height, vitality) and linked to environmental factors, such as use and intensity of use, it will be possible in the future to give streets or areas a well-founded lower frequency of inspection. We then work towards a so-called tree management system. Such a "customized system" is the best and ultimately the cheapest way of risk management. A tree management system requires good coordination and work preparation. This is the goal for the coming
years.

Bringing level of control up to standard

The tree inspections can be split into regular VTA inspections and the further investigations.
It is quite possible to perform the regular VTA checks in-house. This allows us as tree managers to keep 'feeling' with our tree stock. Moreover, these activities can be flexibly scheduled. In order to clear the backlog of checks and to achieve an unambiguous start of the necessary registration we propose a baseline measurement; a VTA check for all trees on municipal land by an external tree consultant. In this process, all tree and inspection data will be fully digitally processed (both graphically and in a database). This is an ideal starting point for taking on the regular VTA checks and fulfilling the duty of care.

Further investigations often require very specific knowledge and research tools.
These include, for example, tensile strength tests to determine the stability of a tree. These are activities that we cannot perform in-house. Moreover, it is also wiser to have this performed by an external party to avoid discussions about independence.

Checking and pruning are the most frequent measures on trees, but replacing trees also needs attention. Replacing too soon is a form of capital destruction. Replacing too late leads to trees entering the decay stage, excessive dead wood forming and holes in avenues.

Preserving trees

In renovations, it pays to investigate whether vital trees can be preserved. After all, a mature tree has already cost a lot of money to get it to that size. In addition, it has accumulated value; financial (tree value), air-purifying ability and image quality.

Structural replacement

To avoid problems with decaying trees, it is important to replace them just in time. Not too early, but certainly not too late either. Waiting until the moment of decay can mean:

• Trees may need to be replaced at an unexpected time;
• There may be (too) many avenues to replace at once;
• The nuisance to residents recurs more often.

Because of the above situations, we lose control over the quality of the tree stock and the even use of capacity and resources. Structural replacement is desirable. For this it is necessary to:

1. Make an annual inventory of trees to be felled/replaced on the basis of vitality / location and citizen complaints. The guiding principle here is the VTA check and reports from citizens.
2. The annual inventory of trees to be replaced is included annually in the Integrated Multi-Year Planning Projects (IMJP).
3. Implementation runs along within an integral project or as a separate assignment.

Species choice in structural replacements

With a large stock of trees such as in the municipality of Gemert-Bakel, biodiversity is of great importance. The aim is to have a varied stock of trees in order to preserve and strengthen the food, resting and dwelling places for flora and fauna and the diversity in
plants for bees and butterflies. In addition, spread of tree diseases in homogeneous avenues is a very current problem. When supplementing and replacing tree structures, more species diversity is introduced. In the outdoor area, native species are desired. In the
urban area a wider assortment can be chosen from.

Pruning is often not necessary for the tree itself. Most pruning is done to make the tree fit and function well in its environment. This is why trees are crowned. In addition, trees are pruned to remove dangerous branches or problem branches and keep trees safe.
The municipality of Gemert-Bakel does not have enough information on the state of maintenance of its tree stock. With the VTA zero measurement, the maintenance status can also be noted. With this data a pruning program can then be drawn up to get the trees to the right maintenance level. It
worthwhile to make this management effort, because:

• With demonstrably well-maintained trees, it is easier to meet the duty of care because problem branches are removed in a timely manner and everything is recorded according to the rules;
• Well-maintained trees cost less per pruning round than neglected or replaceable trees;
• With proper maintenance, nuisance complaints can be prevented or reduced. Consider, for example, branches that hang too low or overhang.

Prune young trees: companion pruning

To get/keep trees at the proper maintenance level, periodic maintenance is needed. Especially in the juvenile phase. Therefore, a 3-yearly pruning and control cycle is desirable. This intensive cycle has the following advantages:

• By planning frequent maintenance efficiently, it need not incur additional costs. Regular small-scale intervention, works relatively quickly compared to large-scale interventions.
• By pruning young trees every three years, the tree's development is well monitored. The tree is periodically "seen" and any defects quickly become apparent.
• By pruning every three years, it is possible to dose and spread the removal of problem branches over several pruning sessions. This benefits the condition and vitality of the tree.
• Frequent pruning keeps pruning wounds relatively small, reducing the risk of infestation by parasitic fungi.

Prune older trees: maintenance pruning

In large trees, in the maintenance pruning phase, the situation is different. In these trees, pruning is only necessary if there are problem branches. Think for example of dead wood. Maintenance pruning is carried out in response to the results of tree inspections.

Number of trees to be monitored per year is estimated at 19,500. Currently trees are checked during works, there is no structured system of recording yet. This system (VTA) is mandatory. We propose with a zero measurement (one-time) to build up this system.
build. Then the regular VTA within the field service can be taken over. A small structural budget is needed for further investigations.

Current budget:

no

Structural requirements:

VTA inspections regular: 450 hours, these are available within field service hours. Further investigations: € 5,000 required annual budget

Incidentally required:

Zero measurement one-time: €1.25 per tree = €62,500 required budget

Replacement investments are not structured in the budget. In addition to hours of own service, an amount of € 27,500 is available for replacement and refurbishment. Other questions are to date presented to B&W via separate (often integral) proposals.
Furthermore, trees are 'hitchhiked' with other projects (sewer, roads, housing). If we assume that trees within the built-up area last 45 years and trees outside the built-up area last 80 years, approximately 650 trees per year will have to be replaced in order to maintain the tree stock. Based on average planting costs of € 210 per tree, this amounts to an annual replacement budget of € 136,500. It is wise to set aside 10% of this amount annually for an 'ad hoc' demand-driven project that deserves priority due to unforeseen circumstances. The other 90% is attributed to structured project-based replacement, here coordination is sought with the other projects in the municipality.
The justification of the norm of € 210,- is low compared to national numbers, this can be explained by available hours of own service and the fact that there is a lot of project-based replacement (in cooperation with other disciplines).

Current budget:

Roads outside built-up areas: € 15,000 (including reforestation of trees)
Green areas: € 12,500 (including reforestation of trees)

Structurally required

Structural replacement: €136,500 minus available €27,500 = €109,000 structurally required

The current tree stock is maintained at a basic level. It concerns 15,000 trees within the built-up area and 35,000 trees outside the built-up area. The (national) standard for annual management/pruning costs is € 9 per tree in built-up areas and € 5 per tree outside built-up areas.
built-up areas is € 5 per tree. This brings the annual required costs to € 310,000.
The work will be carried out by our own department, taking into account € 150,000 (conversion from available hours). An aerial platform is hired annually for a short period (€ 11,000,-). There is an apparent deficit, however, since the quality of pruning seems adequate at the moment, it is proposed to monitor the actual pruning needs in the coming years. A structural budget of € 10,000 is requested for specific pruning (climbing at tree in hard to reach places).

Current budget:

Temporary hiring of aerial platform € 11,000 'roads out of town'
2800 hours of field staff (hours for all work around trees)

Structural:

Specialist pruning: € 5,000,- required annual budget Guided pruning and maintenance pruning will be monitored in the coming years: this amount seems to be available within field service hours + hiring of aerial platform (€ 11,000,-)

For annual subscriptions to the Standard Institute on Trees and the Tree Register, € 5000 is reserved.
Prevention of pests is now incidentally worked with control of oak processionary caterpillar and lice control, this last item we would like to expand in the context of tree preservation and increase support. Furthermore, young trees are given water in dry periods.

Current budget:

€ 1,650 - lice control
€ 8,000 - watering young trees
€ 2,000 - control of oak processionary caterpillar + hours own service

Structural

Subscriptions: € 5,000
Fighting aphids € 2.500,-
Watering young trees € 8.000,- + hours own service
Oak processionary caterpillar € 2.000,-

Required annual budget:

€17,500 minus €11,650 = €5,850.

Tree damage is very common. Earthworks, well drilling, construction work, (construction) traffic but also green maintenance (mowing) cause damage to trees. This leads to deterioration
of the trees and thus increases maintenance costs. Trees that are damaged then often fall under the "increased duty of care" and show signs of decay earlier than normal, with the associated management problems and costs.

Preventing damage

Because many external parties work for the municipality, it is important that all construction and maintenance contracts include provisions for dealing with tree damage. The basic principle is that work around trees is done in accordance with the guidelines set out in the Tree Handbook of the Standard Institute for Trees and is enforced accordingly.
The laying of cables and pipes is a special point of attention. Cables and pipes are often laid over very long lengths and can pass through various root systems. The moment a utility company starts laying cables or pipes, it must request permission from the municipality. At that point, we can impose requirements for implementation. The route, distance to trees and road side are then assessed. Naturally, we supervise the most valuable trees most strictly. If valuable trees on the Green Map are threatened, we can stipulate that a tree impact analysis be carried out. This involves estimating the impact on the tree of the planned work.
When excavating, it is important that sufficient distance from the tree is maintained and that stability roots are not damaged. When we find it necessary, we prescribe trenchless techniques.

Handling damage

For minor damage, such as mowing damage, a fine can be imposed (if the specifications or contract provides for it). If larger damage occurs to trees (for example, in collisions or digging damage), it is claimed from the (insurance of the) perpetrator. This claiming serves several purposes. On the one hand, we receive monetary compensation for the damage caused; on the other hand, a claim also serves as a warning for the next time. Damage to trees is valued using the nationally recognized valuation method of the Dutch Association of Tree Surveyors (NVTB). Damages received are added to the municipal "Provision for replanting trees and greenery. The preparation of an appraisal report and claim settlement are outsourced to
an external company. The costs for this outweigh the claim amount. The claim amount paid out falls back to the replacement budget.

The new "Provision for replanting trees and greenery" is fed by tree damage claims and financial green compensation, for example:

• Financial compensation for replanting trees. This amount is earmarked for investment in new trees.
• Tree damage that is recoverable is converted into a claim and deposited into the provision.
• Within new construction projects, the green standard is not met. Compensation scheme still needs to be worked out.

The provision is used for:

• Support individuals with monumental trees.
• Creation of new green structures and trees.
• Strengthen existing green structures and trees.

State

Flora and Fauna Act

The Flora and Fauna Act focuses on the protection of approximately 500 plant and animal species. These include all native mammals (with the exception of the brown rat, the black rat and the house mouse), all native bird species, all amphibians and reptiles, a number of fish and a few
plant and animal species specially designated by Order in Council.
The law has a general duty of care under which everyone is expected to refrain from actions that may be detrimental to plants or animals. In addition, the law has several prohibitions. For example, it is forbidden to pick or destroy protected plants and to capture or kill protected animals. It is also not allowed
polluting animals and disturbing or destroying an animal's nest, resting place or residence.
Regular management and maintenance, including maintenance of public green spaces, is permitted. This is subject to the 2008 code of conduct on the proper management of green spaces. This code of conduct stipulates 'how carefully the present flora and fauna must be treated'.
should be handled'. In practice, this means that carefully executed regular management measures, tailored to any protected flora and fauna present year-round, can be carried out.
Acting with care means a responsibility for both client and contractor. The municipality as client has the duty to share its knowledge about any flora and fauna present with the contractor. The contractor is expected to have sufficient expertise, also among the people who will actually perform the work.
The contractor shall submit a plan of action in advance. This will include the information made available by the municipality. Finally, the contractor has a reporting obligation and must immediately report calamities or problems resulting from flora and fauna to the municipality. It is recommended that these requirements be explicitly included in the specifications.

Forest Act

The Forest Act dates from 1962 and aims to protect the area of forest in the Netherlands and ensure that it does not decrease. A system of felling notifications and replanting obligations is used to ensure that the number of hectares of forest does not decrease. The notification and replanting obligation and ministerial felling ban under the Forest Act applies only outside the Built-up Area Forest Act. To fall under the scope of the Forest Act, a timber stand must be at least 10 acres in size or, in the case of row plantings, consist of at least 20 trees. The Forest Act does not apply to:

Wood stands in yards and gardens;

• Wood stands within built-up areas forest law;
• Italian poplar, linden, horse chestnut and weeping willow;
• Road plantings and single row plantings on or along agricultural land, both to the extent consisting of poplars or willows;
• Fruit trees and windbreaks around orchards;
• Spruces, not older than 12 years, intended to serve as Christmas trees and grown on lands especially designated for that purpose;
• Nursery.

Moreover, for the last four categories, the Forest Act stipulates that other governments are not authorized to establish rules for them. For road planting and single row planting on or along agricultural land, (both consisting of poplars and willows) the following applies
if it involves pollarded trees, the municipality and province may make rules. The rule prohibition for the four categories applies inside and outside the Built-up Area Forest Act. If forests and woody stands are smaller than 10 ares or if a row planting consists of a maximum of 19 trees, the municipality is authorized to make rules. The municipal felling policy must therefore take this into account.

To be or not to be the Forest Act

The built-up area Forest Act is the boundary for the application of this act. Within this boundary the municipality can set rules regarding protection of trees, outside this boundary the Forest Act applies.

New Nature Protection Act

Currently, the new Nature Act is being prepared. This new law combines the Forest Act, the Nature Protection Act and the Flora and Fauna Act. The goal of the law is to achieve a simplification of nature protection with better implementation and enforcement
and less administrative burden. The province will become the competent authority. Of particular interest to municipal tree policy are the intended changes from the "old" Forest Act, which have to do with the authority for municipalities and provinces to set rules. The new law offers opportunities for municipalities to make policy on tree and landscape protection together with the province.
Socially, there is the necessary discussion about the draft of the new Nature Protection Act.
It is therefore possible that adjustments will follow before the law takes effect.

Civil Code - duty of care

Article 6:162 of the Civil Code defines the so-called "wrongful" act. The unlawful act can involve acts or omissions by which someone causes damage to another person. This also applies to damage that trees can inflict.
Five criteria must be met before there is a tort:

1. illegality;
2. culpability (often in the form of "blame");
3. there must be damage;
4. there must be a causal connection between the tort and the injury;
5. and there must be relativity.

If all of these requirements are met, then the owner or manager of the tree is liable and must, to a greater or lesser extent, compensate the victim for damages.
A tree owner/manager can avoid liability by fulfilling the duty of care for his trees. There is then no tort. In principle, there are three forms of duty of care.
The "general duty of care" consists of regular maintenance and external inspection for tree defects (called tree safety inspection). Depending on age, size and location, this is an inspection that takes place on average once every three years. If the tree is in a location where it is foreseeable that significant damage may occur if a branch falls or breaks off, this is a matter of increased duty of care.
Increased duty of care also applies to trees with an inherent danger. For example, these can be trees of which the species is known to fall over easily. Such a tree will need to be inspected at least annually and may require additional maintenance.
And then there is the duty of investigation. If external defects are found or other indications exist of a defect in the tree, then a further investigation should take place. Then the results and recommendations of the inspections and investigations must also be acted upon.

Provincial

The current provincial policy of North Brabant does not include anything concrete about trees.
The new Nature Conservancy Act and the Environment Act offer opportunities for municipalities, together with the province, to make policy on tree and landscape protection. By means of, for example, an environmental ordinance, laying down policy on provincial
monumental trees and the characteristic landscape structures.

Municipal

College Space Program (2015)

The College Space Program (2015) established goals related to tree policy:

• a more valuable green public space;
• a more valuable green outdoor area.

7 cores in green (2009)

The green policy plan describes the significance and values of green space in the seven villages. The plan establishes a green structure containing two important levels: core greenery (planes and lines) and neighborhood greenery. The core green space represents the carriers of the green structure, the neighborhood green space is the green veining of the residential areas. This green structure is the basis for tree protection in the urban area.

Green Ambition & Tree Policy Frameworks (2015).

In preparation for the tree policy to be drafted, a concise Green Ambition and 5 frameworks for the future tree policy were drawn up in 2015. Input for that "Green Ambition and Frameworks Tree Policy" was collected by holding meetings with relevant officials, the Sounding Board Group for the Outlying Area and the Space Committee.
In addition to the many years of careful handling of the cultural landscape, the Green Ambition explicitly addresses the importance of a healthy green environment. Conservation of green space, biodiversity and image quality play a major role in this. In addition, the promotion
of the green vision by the municipality to the citizens is an important aspect.

The five frameworks established for tree policy:

1. That the new tree policy uses the Green Map method.
2. That a tree database will be purchased.
3. What criteria are used for the Green Card.
4. What criteria for replanting obligation are used.
5. That a provision for replanting trees & green compensation be established.

Tree Ordinance

In the current tree ordinance, private trees with a trunk circumference greater than ninety centimeters, measured at 130 centimeters in height, are protected by an environmental permit. Cutting trees on municipal land requires a permit from a trunk circumference of thirty centimeters. The current tree ordinance will be adapted to the Green Card method.

Front leg right

Front leg rights are cultural heritage. In Gemert-Bakel in the past, preroot rights were bought off in various places or were removed during land consolidation. The result is that planting rights in the municipality are still very scattered and that the landscape structure associated with planting rights (many poplars and willows that are also harvested and replanted), such as in De Meierij, is hardly present.

Specifically, we would prefer that:

• Locations where forepaw right-of-way rests are planted so that avenues remain complete.
• A assortment is used that fits into the environment and connects to the landscape structure. So no cultivated species that have no relation to the outdoor area.

However, our control options in this are very limited. After all, these are privately owned trees. Moreover, most of the trees fall outside the permit system because:

• concerns the often single-row poplars and willows along roads or agricultural land. These are certainly not covered by a felling ban because they are not allowed under the Forest Act.
• most sites with frontage rights are not part of a structure listed on the "Green Map.

Steering by means of a felling ban or replanting obligation is therefore not possible. A good relationship with forepaw right-holders is therefore important. We inform pre-foot right holders about the pre-foot right, the desired use thereof and the rights and obligations
that go with it. If a front gate right holder wants to transfer his front gate right to the municipality, we only pay the notary fees.

If a tree meets one of the criteria below, the tree will be placed on the Green Map as a valuable tree. The condition is that the tree in question is not expected to pose a danger to the surrounding area for the next 10 years. Trees that are close to buildings
or are not visible to third parties are exceptionally included on the Green Map. Trees that are already included in the National Register of Monumental Trees are included on the Green Map.

Image quality

The tree marks the spot by its size and strongly defines the atmosphere at this spot. The disappearance of the tree causes an impairment of the image quality. The green character goes strongly back
with the loss of this tree.

Cultural history value

• The tree falls under an element of the cultural heritage value map (2010) or;
• The tree is part of a protected city or townscape or;
• The tree has a direct relationship to an architectural municipal or national monument (e.g., espalier for monumental house) or;
• It is a memorial tree, marker tree, cross or chapel tree, special pruning form.

Nature and ecological value

The tree is home to special flora or fauna, such as mistletoe, lichens, bats, marten or breeding birds or other animals protected under the Flora and Fauna Act.

Landscape value

The tree is part of the landscape planting that characterizes the original landscape (see image quality plan rural area Gemert-Bakel.

Value for recreation

On reflection, this criterion is not appropriate as a criterion for a valuable tree. When a tree
meets the other criteria, it has recreational value in any case. This point creates confusion.

Dendrological value

• The tree is dendrologically valuable if it is a species that is rare in the Netherlands;
• Or when the tree is genetically valuable;
• Or the tree has unusual growth due to natural causes, for example, multi-stemmed.

Potentially valuable

The solitary tree is in a prominent location and is special because the municipality or an individual planted it with the intention of having it grow old and prominent.

Process A: A citizen wants to cut down a tree that is on his own land:

1. Citizens look at the Green Map.
2. If the tree in question is indicated on the Green Map as a point, line or plane, the tree may not be cut down without a permit. Citizens apply for a permit through the municipality's website.
3. If the tree in question is not indicated on the Green Map, the tree may be cut down without a permit.

Process B: The municipality wants to cut down a tree that is on municipal land:

1. The municipality goes through the "Forest Act flow chart.
2. Depending on the outcome, the municipality goes through the "flowchart protection, felling and replacement of trees in Gemert-Bakel covered by the Forest Act" or "flowchart protection, felling and replacement of trees in Gemert-Bakel.
3. Depending on the outcome, a Nature Protection Act notification will be issued or an environmental permit will be applied for.
4. The outcome of the permit application is published. Felling of municipal trees subject to the Nature Protection Act is also published in the municipal section. When felling other trees without a permit requirement, local residents are notified....
5. If granted, the tree will be cut down and situation modified according to the replanting obligation.
6. If the new situation offers opportunities for sustainable redevelopment of the surrounding area, we will explore with local residents how to respond.

Process C: A citizen wants a tree removed that is on public land:

1. The citizen contacts the municipality.
2. In the case where the citizen's wish falls under a management measure, the municipality takes over the request and steps 1 to 6 under process B apply.
3. When the above does not apply, the municipality goes through the review tools including the nuisance policy and the "assessment system removal interest versus preservation of timber stand.
4. Depending on the outcome, action is taken:
   1. In case of felling, the municipality still takes up the citizen's wish and when necessary grants the permit for felling. This is published.
   2. In case of refusal, the outcome is explained to the concerned citizen and the processing of the application is completed.

Process D: A citizen wants a tree removed on someone else's private land:

The municipality does not mediate between citizens.

1. Does it concern wood stands inside or outside Buildings Act forest areas?
   1. Inside: falls under municipal tree policy. Go through 'flowchart protection, felling and replacement of trees in Gemert-Bakel'.
   2. Outside: Continue to question 2
2. Is the timber stand part of vegetation larger than 10 acres or a row of 20 trees or more?
   1. Yes: Continue to question 3
   2. No: Falls under municipal tree policy. Go through 'flowchart protection, felling and replacement of trees in Gemert-Bakel'.
3. Does the wood stand belong to a yard or garden?
   1. Yes: falls under municipal tree policy. Go through 'flowchart protection, felling and replacement of trees in Gemert-Bakel'.
   2. No: Continue to question 4
4. Does the stand consist of Italian poplar, lime, horse chestnut or weeping willow?
   1. Yes: falls under the Nature Protection Act but no notification is required to rvo. Go through the 'flowchart municipal protection, felling and replacement of trees in Gemert-Bakel that fall under the Nature Protection Act'.
   2. No: Continue to question 5
5. Does it concern a road planting or single row planting on or along farmland, consisting of poplar or willow?
   1. Yes: Falls under the Nature Protection Act but no notification to rvo is required. Go through the 'flowchart municipal protection, felling and replacement of trees in Gemert-Bakel falling under the Nature Protection Act'.
   2. No: Continue to question 6
6. Does it concern fruit trees or a windbreak around orchard?
   1. Yes: Falls under the Nature Protection Act but no notification is required to rvo. Go through the 'flowchart municipal protection, felling and replacement of trees in Gemert-Bakel that fall under the Nature Protection Act'.
   2. No: Continue to question 7
7. Does it concern Christmas firs (younger than 12 years old) or nursery stock?
   1. Yes: Falls under the Nature Protection Act but no notification to rvo is required. Go through the 'flowchart municipal protection, felling and replacement of trees in Gemert-Bakel that fall under the Nature Protection Act'.
   2. No: Continue to question 8
8. Is crown closure reduced to less than 60% when thinning ? Then it is logging.
   1. Yes: falls under the Nature Conservation Act. For felling, a notification is required at the website of the Rijksdienst voor Ondernemend .
      First go through the 'flowchart municipal protection, felling and replacement of trees in Gemert-Bakel falling under the Nature Protection Act'.
   2. No: Falls under the Nature Protection Act but no notification to rvo is required. Go through the 'flowchart municipal protection, felling and replacement of trees in Gemert-Bakel that fall under the Nature Protection Act'.

1. Is the timber stand to be felled on the Green Map?
2. Yes: Municipal tree policy aims to preserve these tree structures. Check the Outdoor Zoning Ordinance to see if a tree cutting permit is required.

Gehighlighte text: According to the regulations of the Nature Protection Act, trees felled must be replaced by new trees, the so-called replanting obligation. Within 3 years after the felling of the trees there must be new trees. Felling of municipal trees is published in the municipal newsletter.

1. No: There is no additional municipal protection policy on these trees in the form of a permit requirement. In the case of citizen complaints, the "tree complaints policy" is applied and, when necessary, the "assessment system removal interest versus preservation of timber stand" (see Appendix 7 and 8) is followed. Felling of municipal trees is published in the municipal newsletter.

1. Is the timber stand on private or public land?
   1. public: proceed to question 2
   2. private: Continue to question 3
2. Is the timber stand shown on the Green Map as a point, line or plane?
   1. Yes: Permission is granted only if the application meets the criteria described for trees on the Green Map in the (tree) ordinance.
   2. No: In the case of citizen complaints, the 'policy on complaints about trees' is used first and, when necessary, the 'assessment system of removal interest versus wood stand preservation' (see Appendix 7 ) is followed.
      Continue to question 4.

Replacement

Gehighlighte text: Felling due to hazard:
One-to-one replanting provided it makes more sense from a sustainability standpoint to replant another number.
Felling of valuable tree on private land due to danger:
On a voluntary basis possibly in cooperation with municipality.
Felling due to social interests or destruction:
One-to-one replanting provided that from a sustainability point of view it is wiser to replant another number. If replanting is not possible on site, another location can be sought in consultation with the green space manager. The valuation method of the NVTB is used to determine the amount to be invested.

4. Does the timber stand have a trunk circumference at 130cm height of more than 30cm?
   1. Yes: Apply for an environmental permit .
   2. No: Continue to question 5
5. Does the tree stand have a trunk circumference at 130 cm height of less than 30cm?
   1. Yes: The stand can be felled without a permit. Neighbors will be notified of the felling.

Replacement

Gehighlighte text: A study will be carried out together with the residents on how the future situation can meet the green ambitions of the municipality of Gemert-Bakel.

Dealing with nuisance forms

Trees can cause a nuisance. For example, because many leaves blow into gardens, they provide excessive shade or sticky secretions of lice stain cars. This can lead to citizens filing complaints about trees in public spaces with the municipality Especially with larger trees, issues such as root pressure under the sidewalk, too much shade in the garden or nuisance from leaves and fruit fall quite often play a role. At the same time, large trees are often the most valuable. Some nuisance will always have to be accepted, but it should not become disproportionate. But what is disproportionate? This chapter identifies possible problem situations and describes how we want to deal with them.

8.1. Problem analysis

Nuisances and complaints about trees are often of a personal nature. Moreover, nuisance is a subjective concept. Where one person welcomes the cooling effect of a tree as a major plus, another sees it as shade that limits his enjoyment of life. Where one person appreciates blossom and leaf fall for the seasonal experience, another sees it as clutter. If we were to remove trees because of such subjective forms of nuisance, we would:

• never be able to implement consistent policies to preserve and develop our tree structure;
• participate in a form of capital destruction by cutting down trees before they reach their target or final stage;
• also take away the positive values of those same trees;
• shortchange the citizens who do see the positive aspects of these aspects.

Moreover, if we were to tailor tree management to the wishes of a single citizen, it would be impossible to work efficiently. The budget is not geared to individual wishes, but to municipal standards and being able to work on the basis of work plans that bundle work of the same nature. At the same time, Gemert-Bakel municipality also wants to be a customer-oriented organization and we strive for satisfied citizens. This means that we ensure a beautiful and healthy tree stock that is appreciated by our citizens. We strive to prevent nuisance and complaints as much as possible. The opinion of our citizens is therefore important, but that does not mean that every individual request can be met. The challenge lies in finding a healthy balance between meeting individual requests and serving the public interest. Therefore, it is important that the municipality take a unified approach as much as possible and treat everyone equally. There should be no arbitrariness, but there is always an eye for customization.

8.2. Basics

To find the right balance between serving our citizens on the one hand and ensuring a good green structure on the other, we work according to a number of basic principles. In doing so, it is important to work consistently according to fixed policies. We apply the following policy principles.

Policy choices:

1. Every complaint is taken seriously and evaluated objectively. We recognize that citizens may experience nuisance from municipal trees and always consider what the solution options are. We communicate with the person making the complaint. A clear explanation of the policy, management and general interest often gives the person making the complaint a better idea of the considerations we make as a municipality.
2. We are reluctant to remove municipal trees. The trees were planted in the past for a specific purpose and serve a social interest. Often years of energy and money have gone into developing the trees. A factor with trees is that they take a long time to reach a large size and high value. Even if replanting takes place: it takes years for the size and values to return to the same level.
3. In assessing nuisance, we also use the "Green Map. Because of the importance of these trees, we believe that citizens should accept more nuisance from them than from other municipal trees.
4. The nature of a question or complaint is factored into the assessment. For example, subjective nuisance is generally not a reason to modify tree establishment or management. Examples of subjective nuisance include - leaf or blossom fall; - light seeds and fruit; - allergy; - sunlight limitation; - tree roots in gardens; - moisture withdrawal from gardens by municipal trees; - presence of insects or caterpillars (unless public health is endangered); - presence of birds and bird droppings.
5. An attempt is always made first to solve problems through regular management measures. In other words, we do not go ad hoc to remedy complaints, but take this on during regular pruning rounds. This means that sometimes citizens have to wait some time before the nuisance can be remedied.
6. Well-reasoned, objective complaints may, however, be grounds for accelerated intervention. By objective complaints we mean situations where safety is at stake or where disproportionate nuisance or even economic damage occurs.
7. The solution sought for a complaint must not involve any structural additional costs. Candling, shearing or taking tree crowns will in principle not be used as a solution. For trees where such a solution was chosen in the past, this management will be continued until replacement. If new trees are planted at these locations, the principle of 'the right tree in the right place' is applied. This prevents the repetition of a nuisance situation.
8. Solving problems and fighting nuisances starts with the planting of trees. Most of the current problems and nuisance situations originate from wrong choices made in the past. Planting sites that have been set up incorrectly, trees that have grown too large for the location they are in or the wrong species are examples of this. These past choices now lead to complaints and often high management costs. When planting trees, there is therefore an explicit focus on preventing future problems. This means that there is a trade-off between higher planting costs with lower maintenance costs in the future or saving on planting and accepting higher maintenance costs and complaints in the future.

8.3. Type of complaint/nuisance

This section discusses the various types of nuisances citizens may experience and how we generally deal with them.

8.3.1. Overhanging branches

Trees close to the property boundary, once they grow larger, can cause nuisance due to their overhanging branches. The Civil Code states that the distance of trees from the property boundary must be at least two meters, unless the municipality deviates from this in its ordinance. This is what the municipality of Gemert-Bakel has done by setting this limit at 0.5 meters. Where possible, the municipality naturally opts for a wide planting distance of trees from the property boundary. For street trees, however, in most cases this is not possible and branches almost always hang over the property line. If citizens are inconvenienced by overhanging branches, they can report this to the municipality. We then assess whether it is a reasonable request and whether action is necessary. If we believe that the nuisance is minimal, we will take no action and report it back to the citizen.

Policy choice:
Complaints about overhanging branches will be reviewed for reasonableness. If the request is reasonable, pruning will be done. If minimal nuisance, no action is taken and this is reported back to the citizen.

8.3.2. Shadow

Shading from trees can limit the amount of light entering living rooms or gardens, reducing the enjoyment of living, reducing plant growth or reducing the yield of solar panels. Nuisance shading occurs only in the summer months. After all, in winter the trees do not have leaves, nor is the sun high in the sky. In addition, the nuisance is subjective: where one citizen experiences large trees in front of the house as a nuisance (dark inside), another experiences it as pleasant because of cooling in hot summers. Moreover, large trees are often there longer than people live there. If the trees were already there when they moved in, residents could have foreseen the situation. This also applies to the installation of solar panels.

Policy choice:
Shading is rarely a reason to cut down trees. To reduce shading, the following measures can be taken, possibly in advance of regular pruning:

• Where the wrong tree is in the wrong place and the situation is not sustainable, replacing or cutting down trees can be considered. This is not an individual nuisance, but the replacement of an overall tree structure.
• In extreme situations of shading, consideration can be given to making tree crowns more transparent by targeted pruning (taking, crowning and/or thinning). Applying this measure does not irreparably damage the image, but it does increase management effort and thus additional costs.

8.3.3. Waste from leaves and blossoms

Virtually all deciduous trees drop their leaves in spring blossom and in fall. This is a natural cycle. Blossom and leaf debris give the street a messy appearance for several weeks that can annoy a citizen. Blossom or leaf debris in gutters can prevent the flow of water and clog street gullies. Fallen blossoms or leaves, especially in wet weather, can cause slipperiness that can sometimes create dangerous situations. Blossom and leaf fall cannot be prevented. After all, it is part of the change of seasons. From nature's point of view it is actually out of the question to clear away leaves. The leaves provide additional nutrients in the soil, protect the 'feet' of plants and trees and also create a shelter for all kinds of insects and organisms. For trees in urban areas, however, a balance must be struck between the increased natural value and the safety and residential enjoyment of citizens. Leaves and blossoms can be cleared by the municipality using sweepers and leaf blowers. Citizens themselves can do their part by depositing leaves from municipal trees in leaf bins.

Policy choices:
No action is taken on fall blossoms in the spring. Any litter is cleared through regular sweeping rounds. To clean up leaves in the fall, multiple rounds of cleanup are conducted within the village centers. In certain situations, such as leaf fall near Plane trees in the summer months, additional sweeping rounds are conducted. Not all streets and sidewalks can be cleared of leaves at the same time, so some time may have to be waited before the leaves are cleared. When clearing leaves, we give priority to locations where safety may be compromised due to slipperiness. Leaf bins are placed in the villages in the fall and are emptied weekly. Leaves in green spaces and parks are left as much as possible to promote the natural ecosystem. Leaf fall or fall of blossoms is never a reason to cut down a tree.

8.3.4. Fruit drop

Fruits fall from the tree at the end of the ripening period and sometimes before and can cause nuisance depending on the location. The fruits fall onto pavement, cars or in gardens where residents can subsequently be inconvenienced by them. A nuisance occurs when soft fruits (ornamental apples, etc.) fall onto pavement after which they are run down or driven over. The resulting "gunk" is sticky, can lead to slip hazards and attract pests (including wasps). Hard fruits such as acorns and chestnuts also cause pavement contamination and fall onto cars. Where cars are driven at high speeds, it is possible for the fruits to cause dents. On stationary cars or slow-moving traffic, fruit fall does not cause damage as far as we know. With fruit-bearing trees, opinions vary widely, from strong nuisance to enrichment of nature experience and residential enjoyment within built-up areas. Fruit trees also make an important contribution to (bio)diversity.

Policy choices:
As a street tree, soft fruit-bearing species are not suitable, therefore in the future they will only be used in wide green spaces or parks, further away from homes and intensively used locations such as playgrounds, for example. The fall of hard fruits cannot be prevented or influenced. Through regular sweeping rounds, fruits or remnants that have fallen on the ground are cleaned up. Additional sweeping rounds may be scheduled if there is a lot of fruit debris and fall or slip hazard.

8.3.5. Allergy to tree pollen

Especially during the flowering time of trees (spring), the air is full of pollen. This is a natural process involved in the generative reproduction of trees. The pollen is very light and is spread by the wind over long distances. During the flowering phase, tree-derived pollen and pollen can cause allergic reactions. Allergy symptoms are also caused by grasses and herbs (wind pollinators) Pollen nuisance cannot be solved structurally. Pollen is transported over long distances and occurs in many tree species at different times. No efficient measures can be taken in public spaces to solve pollen allergy.

Policy choice:
Because pollen nuisance cannot be structurally solved by cutting down the tree in the immediate area, allergy is not a reason to remove trees.

8.3.6. Drip

Several tree species are affected by aphids. This is a natural infestation that is part of the tree's ecological system. Aphids excrete a sticky liquid. This honeydew drips down from the leaves and after some time the black sooty mold can settle on the sticky substance. This problem is especially common in linden trees, but oaks, maples and hornbeams can also suffer from it. Honeydew drips from the leaves onto cars, tables and chairs and ornamental pavement. The degree of nuisance is highly dependent on weather conditions and varies from year to year. The sticky substance attracts insects, which are a treat for birds and other insects, but often cause great annoyance to citizens. Prevention of aphid infestations is only possible by choosing species that are not susceptible to aphids according to current knowledge. It is therefore possible that species that are now known not to be aphid-sensitive will attract lice in a few years. Dripping cannot therefore be completely ruled out.

When applying biological control (ladybugs) or injecting with garlic extracts, the nuisance experience can be somewhat limited. This is mainly a positive psychological effect; actual results have hardly been demonstrated by measurements to date. Complete elimination of nuisance complaints is therefore not possible with the use of currently permitted agents. We deploy biological control only at locations of serious and annually recurring nuisance (near terraces, village streets and parking lots.

We recognize the problem of dripping species but some perspective is in order:

• Honeydew, although it makes everything under the trees dirty, does not cause any damage as far as we know. The plaque can be washed off anywhere. Damage to (car) paint as is sometimes claimed occurs only as a result of overdue car maintenance (prolonged failure to wash).
• The nuisance lasts no more than 3 months in an average summer: from mid-June to mid-September. During the other three months when the tree is in leaf, the nuisance is nil because the aphids are less active.
• Each rainfall reduces the nuisance by small bits. The aphids do not attach to the leaves, so water washes them off the leaves. Therefore, in cold, wet summers, the nuisance is much less than in hot, dry summers.

Policy choices:
When planting new trees, we choose species that, with the knowledge of the time, are known not to be aphid prone. We do not prune or candle trees solely for lice control. Cutting or replacing drip-prone trees will be considered only if:

• the trees are nearing the end of their lifespan;
• if the trees or tree structures are not on the "Green Map" and the nuisance is widely perceived;
• when sewer replacements or redesigns occur, the trees cannot remain.

8.3.7. Insects and (pests) animals

Bugs and insects are part of nature. Yet it is common for people to complain about insects or birds in the trees. What matters to us is whether or not there is a threat to public health. If this is not the case, as with beetles, flies and the like, we take no action. Nor do we take action in the case of complaints about birds dropping their poop. Where birds (e.g., rooks) are a serious pest in the "urban area" in a concentrated location, we may consider chasing them away. However, this is not permitted without an exemption from the Flora and Fauna Act. It becomes different when insects or other pests can pose a public health risk. Currently, this is actually only the case with the oak processionary caterpillar. The burning hairs of these caterpillars can cause strong allergic reactions such as skin irritation. Practically speaking, however, it is neither possible (nor necessary) to control the processionary caterpillar everywhere. Only oak processionary caterpillars in locations where there are many cyclists and/or pedestrians are actively controlled. Through the experiences of the past few years, we now have a fairly good picture of the nuisance locations.

Policy choices:
As long as public health is not at risk, no action will be taken on the presence of insects or birds in trees. Where animals are a serious nuisance in the urban area, action, appropriate within the Flora and Fauna Act, may be considered. Only in cases where the nuisance cannot be removed by other means and the presence of animals in the tree poses a danger to public health can felling be considered. Nuisance bird droppings are not controlled. The oak processionary caterpillar is only controlled in the municipality of Gemert-Bakel at locations that are frequented by cyclists and/or pedestrians. We do this as follows:

8.3.8. Root Imprint

Every year the necessary money goes into repairing pavement encroachment by tree roots. We try to prevent this as much as possible by establishing good planting sites and using the right tree species. Once roots are under the pavement, thickness growth can cause the pavement to be pushed up. This can create tripping and falling hazards. As road manager, the municipality has a duty to prevent or resolve dangerous situations. However, a completely "trip-free" municipality is impossible. Of course, we do everything possible to ensure a safe living environment.... When problems with pavement encroachment occur, we first ask ourselves the following questions:

• Can the paving be removed? This is the most structural solution that can solve the "conflict" between trees and paving. Important, of course, is whether the public space can then continue to fulfill its functions.
• Can the tree level be widened or can curbs be moved? Again, the public space must be able to continue to fulfill its functions.
• Can the pavement be raised? If conditions (levels, etc.) permit, the pavement can be raised in its entirety, with or without the application of a pressure spreading structure. This is a relatively expensive solution that we only consider applying to trees or tree structures that are on the "Green Map.
• Can options such as aeration and nutrient injection combined with repaving improve the situation?
• Root pruning is acceptable only if it does not adversely affect the stability and vitality of the tree. Root cutting within the stability root ball can cause unsafe situations. Therefore, no root cutting should take place there unless it is roots up to about three inches in diameter and no more than 20% of the volume is cut away. Before pruning roots, make sure that no important stability roots are removed. Where a root has been removed, the root will form additional thickening due to wound tissue. Also, the roots will regrow, causing the same problem over time. Root pruning is a relatively inexpensive, but certainly not a sustainable solution. When root pruning is considered, a preliminary investigation should be conducted. This involves calling in the tree manager or another knowledgeable person to make a good judgment on how best to handle the situation.

In situations where the effort to preserve the trees and repair root pressure is no longer proportional to the value of the tree or tree structure and no structural solution can be found in the long term either, tree replacement may be considered.

Policy choices:
For problems with root pressure, we first consider whether the pavement can be removed or modified. If root pruning is considered, it is always done in consultation with the tree manager or an expert in the field. Replacing trees because of root pressure is only an option if the costs of maintaining the trees are no longer in proportion to their value and a structural solution is not possible.

8.3.9. Ingrowth of roots in sewers

In older sewers, root growth in the sewer system still sometimes occurs. This reduces the (hydraulic) function of the sewer. In the long run, blockages occur with all their consequences. In addition, roots can also mechanically (further) damage and disrupt the sewer. Even in modern sewers, the ingrowth of roots at the connection points is difficult to stop, because roots get into even the smallest cracks and openings and, once inside, manage to find their way around. Keeping sewers functioning properly is important for public health and sanitation. The municipality is responsible for maintaining the sewer system on public property. On private property, the responsibility for the sewer system lies with the private individual. They must ensure that roots do not grow in the sewer system by removing them in time. When roots to be removed are thicker than five to ten centimeters, the stability of the tree can be affected. Therefore, the landowner should report this to the municipality so that an appropriate solution can be sought. The municipality cannot reasonably be expected to check underground for possible root growth wherever roots may grow (including on private property).

Policy choices:
When tree roots clog sewers on public property, we always intervene to solve the problem. Where roots of municipal trees cause damage in sewers on private property, the cost of repair or replacement is the responsibility of the private citizen.

8.3.10. Damage to gardens and structures

Trees grow underground and above ground. At some point, this can lead to a confrontation with gardens or structures. There are various forms of damage. Root growth can damage paving or foundations of structures or crack walls. In addition, branches can touch the facade or roofs of structures, which can cause damage. Most forms of damage are preventable by intervening before damage actually occurs.

Policy choice:
On private property, the responsibility for gardens or structures lies with that individual. When damage to gardens or structures is imminent, the owner first investigates whether the damage cannot be prevented or structurally resolved while preserving the tree. When roots to be removed are thicker than five to ten centimeters, the stability of the tree may be affected. Therefore, the landowner should report this to the municipality so that an appropriate solution can be found. In exceptional cases, it may be decided to cut down the tree. This is preceded by an assessment of the tree's status (whether or not it is on the 'Green Map') in relation to the structure (is it a house, a shed or a garden wall).

8.3.11. Fear of blowing over or falling branches

Strong winds or storms can cause falling branches. In extreme cases, trees can also blow down or break off completely. This can cause property damage or, in the worst cases, personal injury. When people lack confidence in the tree's ability to withstand strong winds or storms, feelings of fear arise. Despite good tree management, blowing out branches or toppling trees cannot be completely prevented. However, damage caused by blowing over or falling branches can be prevented to a large extent by carrying out regular tree safety checks. This involves visually assessing trees for visible defects that could compromise safety. The tree data are processed and maintained in a management system. Citizens' concerns are thus taken seriously and, in case of doubt, an expert comes to assess the situation. As a result, any instability or danger of tearing out branches or dead wood of trees is detected in a timely manner. Good communication about tree management and the care given to it by the municipality can go a long way to allay fears.

Policy choice:
Only when clearly warranted by tree inspection will trees be pruned, anchored or cut.

8.3.12. Loss of income

In the outdoors, trees can provide shade on fields or greenhouses. Trees also draw moisture from fields. As a result, a farmer or horticulturist in the shaded or drier zone may generate lower yields. In contrast, trees also have positive effects for farmers and gardeners. Habitat and reproduction area of natural enemies of pests, windbreak, shelter cattle from wind, rain and sun, protection water edges from erosion and leaching of nutrients. Even within built-up areas there may be situations where loss of income is claimed. Consider, for example, operators of catering establishments who complain that trees provide too much shade on the patio or that dirt from the trees makes the furniture dirty. Shading and moisture extraction cannot be solved without removing the trees. Trees belong in the Gemert-Bakel countryside and every citizen will have to accept some degree of nuisance and relatedly some loss of income.

Policy choice:
Alleged loss of revenue is not a reason for us to cut down trees.

Based on the "tree complaint policy," there are a number of situations in which the municipality examines whether the removal interest outweighs the preservation of the timber stand. The individual interest is thus weighed against the general interest. Based on testing against various criteria, points are awarded to the tree interest, as well as to the removal interest. The assessment is
done when necessary on the basis of facts in the field.

TREE INTEREST

Middle = Neighborhood green as indicated on the Green Map.
Low = Other trees.

High = the site is designed so that the tree has room to grow to maturity.
Medium = the location is designed so that the tree can be maintained until the next renovation (assuming a 30-year cycle).
Low = the location is arranged in such a way that recurrent damage and vitality problems cannot be reduced to an acceptable level by means of regular maintenance.
acceptable level.

High = outcome of VTA check indicates life expectancy is longer than 10 to.
Medium = outcome of the VTA check indicates that the life expectancy is between 5 and 10 years.
Low = outcome of the VTA check indicates life expectancy is 0 to 5 years.

® Trunk circumference measured at 130cm height from directly adjacent terrain, disregarding local elevations or floors at the base of the tree that do not fit with the rest of the terrain.

High = tree/wood stand with natural values to be protected, e.g. breeding tree rare birds, pine marten, etc. The contribution to on-site biodiversity is the focus here. These trees are on the Green Map.
Middle = tree/wood stand with high nature values, e.g. old oak coppice, very bird-rich thicket, squirrel nest and native, berry-bearing and gestation and host plants for bees and butterflies species such as hawthorn, elder, currant, rowan, etc.
Low = tree/tree stand with normal natural values.

High = First size native tree species.
Middle = Native tree species of second and third size and bibeko non-native trees of first size.
Low = Other tree species.

Higlighte text: Cultural history values expired: these trees are on the green map.

High = Tree/wood stand that clearly positively affects the image quality for the immediate environment.
Medium = Tree/wood stand that somewhat positively influences the image quality for the immediate area.
Low = Tree/wood stand that makes no or a negative contribution to the image quality on site.

High = Tree/wood stand with important functions for visibility deprivation, traffic guidance and site delineation. Examples are trees around playgrounds, planting around business parks/sports fields/swimming pools.
Low = Tree/wood stand with some functions for visibility deprivation, traffic control and site boundary.

Disposal interest

Nuisance

Trees perform multiple functions and enrich the daily living environment. Some degree of nuisance cannot be avoided. However, long-term and/or serious nuisance can be a reason to take
take measures or remove a tree.
Nuisance from trees is usually an individual experience and therefore an often subjective concept. What one person experiences as shadow can be experienced by others as desirable screening or cooling shade. An objective assessment of nuisance is necessary to avoid unwanted precedent or legal inequality. For this reason it has been decided to assess nuisance, in addition to its nature, primarily by its duration, extent and relationship to the property. The following criteria apply:

1. duration;
2. hours per day;
3. distance between tree and object on / -in which nuisance is experienced;
4. relationship of tree to garden/home;
5. degree of nuisance with branch breakage, (bird) poop, leaf and blossom fall, fruit, allergy, lice (plaque), oak processionary caterpillar, shade
6. damage to structures or other substantial and/or demonstrable economic damage and/or endangerment caused by trees

Result

After going through the above criteria, the points can be added up. The highest score will be acted upon.