(a) Open Ditch Streets. - Centerline of ditches shall be considered the same as curbline.
(b) Park Trees - are defined as trees, shrubs, bushes, and all other woody vegetation in public parks having individual names, and all areas owned by the city, or to which the public has free access as a park.
(c) Sight Triangles - is herein defined as all intersections shall have a minimum sight triangle from a point 20 feet back of the curb line of each street, to a point 140 feet along the curb line of the street.
(d) Street Trees - are herein defined as trees, shrubs, bushes and all other woody vegetation on land lying between property lines on either side of all streets, avenues, or ways within the city.
(Ord. 1101, Sec. 1; Code 2005)
There is hereby created and established a City Tree Board for the City of Baldwin City, Kansas, which shall consist of five members, which are residents and/or property owners, of this city, who shall be appointed by the mayor with approval of the governing body.
(Ord. 1101, Sec. 1; Code 2005)
The term of the five persons to be appointed by the mayor with approval of the governing body shall be three years except that the term of two of the members appointed to the first board shall be for only one year and the term of two members of the first board shall be for two years. In the event that a vacancy shall occur during the term of any member, his or her successor shall be appointed for the unexpired portion of the term.
(Ord. 1101, Sec. 1; Code 2005)
Members of the board shall serve without compensation.
(Ord. 1101, Sec. 1; Code 2005)
It shall be the ongoing responsibility of the tree board to study, investigate, council and develop and/or update annually, and administer a written plan for the care, preservation, pruning, planting, replanting, removal, or disposition of trees and shrubs in parks, along streets and in other public areas. Such plan will be presented annually to the governing body and upon acceptance and approval shall constitute the official comprehensive city tree plan for the city. Furthermore, the tree board, when requested by the governing body, shall consider, investigate, make findings, report and recommend upon any special matter of question coming within the scope of its work.
(Ord. 1101, Sec. 1; Code 2005)
The tree board shall choose its own officers, make its own policies and regulations, which are subject to review by the city attorney and approval by the governing body, and will record minutes of each meeting and shall submit copy to the governing body. A majority of the members shall be a quorum for the transaction of business.
(Ord. 1101, Sec. 1; Code 2005)
The list of official street trees species for shall be designated by resolution of the governing body and that list may, from time to time, be amended by the governing body. No species other than those included on that list may be planted as street trees without written permission of the city tree board. Trees planted on private property need not be from that list.
(Ord. 1101, Sec. 1; Code 2005)
The spacing of street trees will be in accordance with the three species class size listed in section 13-307, and no trees may be planted closer together than follows: Small Trees, 30 feet; Medium Trees, 40 feet; and Large Trees, 50 feet; except in special plantings designed or approved by a landscape architect.
(Ord. 1101, Sec. 1; Code 2005)
The sight triangle area shall be and remain free of visual obstructions higher than two feet above the roadway surface. Within the central business district, the sight distance triangle shall conform as closely as possible to the requirements for sight distance as approved by the construction standards of the city.
(Ord. 1101; Code 2005)
The distance trees may be planted from curbs or curb lines and sidewalks will be in accordance with the three species size classes listed in section 13-307 and no trees may be planted closer to any curb or sidewalk than the following: Small Trees, four feet; Medium Trees, five feet; and Large Trees, six feet.
(Ord. 1101, Sec. 1; Code 2005)
The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to insure safety when servicing city utilities or to preserve the symmetry and beauty of public grounds. The city tree board may recommend removal of any tree or part thereof that is infected with any injurious fungus, insect, or other pest or which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines or other public improvements.
(Ord. 1101, Sec. 1; Code 2005)
No street trees other than species listed as small trees in 13-307 shall be planted under or within 10 lateral feet of any utility wire, or over or within 10 lateral feet of any underground water line, sewer line, transmission line or other utility.
(Ord. 1101, Sec. 1; Code 2005)
It shall be unlawful as a normal practice for any person, firm or city department to top any street tree, park tree, or other tree on public property. Topping is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions when other pruning practices are impractical shall be exempt from this section.
(Ord. 1101, Sec. 1; Code 2005)
Whenever any competent city authority or competent state or federal authority shall file with the governing body a statement in writing based upon a laboratory test or other supporting evidence that trees or tree materials or shrubs located upon private property within the city are infected or infested with or harbor any tree or plant disease or insect or larvae, the uncontrolled presence of which may constitute a hazard to or result in the damage or extinction of other trees or shrubs in the community, describing the same and where located, the governing body shall direct the authorized agent to forthwith issue a notice requiring the owner or agent of the owner of the premises to treat or to remove any such designated tree, tree material or shrub. The owner or owner’s agent shall notify the city in writing within 10 working days of notification as to when and how this diseased material will be removed.
(Ord. 1101, Sec. 1; Code 2005)
Notice shall be served by the authorized agent of the city by delivering a copy thereof to the owner, and the person in possession of such property, or if the same be unoccupied or the owner a nonresident of the city, then the authorized agent shall notify the owner by mailing a notice by certified mail to his or her last known address.
(Ord. 1101, Sec. 1; Code 2005)
If the owner or agent shall fail to comply with the requirements of the notice within the time specified in the notice, then the authorized agent of city shall proceed to have the designated tree, tree material or shrub treated or removed and report the cost thereof to the city clerk. In lieu of city employees performing any such work, the governing body may contract with any competent person, company or corporation for the performance of such work.
(Ord. 1101, Sec. 1; Code 2005)
No tree, tree materials or shrubs as mentioned herein which have been cut down, either by the property owner or by the city, shall be permitted to remain on the premises, but shall immediately be removed and properly disposed of to prevent the spread of the tree disease.
(Ord. 1101, Sec. 1; Code 2005)
(a) Every owner of any tree overhanging any street or right-of-way within the city shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of eight feet above the surface of any sidewalk and 14 feet above the surface of the street or right-of-way. The owners shall remove all dead or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public.
(b) The city shall have the right to prune any tree or shrub on private property with proper notice to property owner when it interferes with the proper spread of light along the street from a street light, or interferes with visibility of any traffic control device or sign.
(c) The city shall have the right to cause the removal of any dead or damaged trees on private property within the city, when such trees constitute a hazard to life and property. The city will first notify the owners in writing of such hazardous conditions. Removal shall be done by owners at their own expense within 10 working days after the date of service of notice. In the event of failure of owners to comply with such provisions, the city shall have the authority to remove the trees and charge the cost of removal to the owner’s property tax.
(Ord. 1101, Sec. 1; Code 2005)
The city shall have the authority to treat or to remove any tree as defined in section 13-311 of this article, or to remove any diseased, dead or dangerous tree as mentioned herein, which is located within the limits of any public right-of-way within the city. The adjacent property owners shall be responsible for the cost of treatment or removal of any such trees within the public right-of-way.
(Ord. 1101, Sec. 1; Code 2005)
The city clerk shall, at the time of certifying other city taxes to the county clerk, certify the unpaid costs for any treatment or removal performed under the authority of sections 13-315 or 13-316 and the county clerk shall extend the same on the tax roll of the county against the lot or parcel of ground. The cost of such work shall be paid from the general fund or other proper fund of the city, and such fund shall be reimbursed when payments therefore are received or when such assessments are collected and received by the city.
(Ord. 1101, Sec. 1; Code 2005)
No person shall willfully break, cut, take away, destroy, injure, mutilate, (or attempt to willfully break, cut, take away, destroy, injure or mutilate) any tree, shrub, vine, flower or landscaping standing, growing, or being upon the premises in the possession of another, or growing on any public ground, street, sidewalk, promenade or park in the city.
(Ord. 1101, Sec. 1; Code 2005)
No person shall plant or cause to be planted nor allow to grow upon property owned by him or her any shrubs, trees, or planting of any kind within 10 feet of any fire hydrant in the city, in order that every fire hydrant shall be in full view day or night, to fire apparatus approaching from any direction.
(Ord. 1101, Sec. 1; Code 2005)
All stumps of street and park trees shall be removed to a minimum of three inches below the surface of the ground so that the top of the stump shall not project above the surface of the ground.
(Ord. 1101, Sec. 1; Code 2005)
It shall be unlawful for any person to prevent, delay, or interfere with the city tree board operating under the direction of the governing body, or any agents for the governing body while engaging in and about the planting, cultivating, mulching, pruning, spraying or removing of any street trees, park trees or trees on public right-of-way or private property, as authorized in this article.
(Ord. 1101, Sec. 1; Code 2005)
It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating or removing trees from public and private property, including stump removal, within the city without first applying for and procuring a license. The license fee shall be $25.00 annually in advance; provided however, that no license shall be required of any public service company or city employee doing such work in the pursuit of their public service endeavors. Before any license shall be issued, each applicant shall first file evidence of possession of liability insurance in the minimum of $250,000 for bodily injury and $100,000 property damage indemnifying the city or any person injured or damaged resulting from the pursuit of such endeavors as herein described.
(Ord. 1101, Sec. 1; Code 2005)
The governing body shall have the right to review the conduct, acts, and decisions of the city tree board. Any property owner within the city limits may appeal in writing within 10 working days, any ruling or order of the city tree board, to the governing body.
(Ord. 1101, Sec. 1; Code 2005)