Chapter XIII · Streets and Sidewalks

ARTICLE 3. TREES AND SHRUBS

Sections 13-301 to 13-313 · 13 sections

13-301 Definitions.

(a)Community Forest is herein defined as all street and park trees as a total resource.

(b)Park Trees are herein defined as trees, shrubs, bushes and all other woody vegetation in public parks having individual names, and all areas owned by the city or which the public has free access as a park.

(c)Street Trees are herein defined as trees, shrubs , bushes and all other woody vegetation on land lying between the property lines on either side of all streets, avenues or ways within the city.

(Ord. 916; Code 2007; Ord. 957)

13-302 Administration.

The City Administrator of the City of Greensburg shall be responsible for administration of the Community Forestry Program.

In the administration of the program, it shall be the responsibility of the City Administrator to study, investigate, counsel and develop and/or update annually, and administer a written plan for the care, replacement, maintenance and removal or disposition of trees and shrubs in parks, along streets and in other public areas. Such plan will be presented annually to the City Council, and upon their acceptance and approval shall constitute the official comprehensive city tree plan for the City of Greensburg, Kansas.

It shall be the duty of the City Administrator to inform property owners of tree needs.

(Ord. 916; Code 2007; Ord. 957)

13-303 Street tree species to be planted.

The City of Greensburg, Kansas, shall maintain a list of recommended trees for planting in public areas. This list shall be available to residents of the city upon request to aid in the selection of trees for private properties. The list of recommended trees shall be updated periodically to reflect new developments or species that will affect the population of the community forest. A list of tree trimmers, stump removers and arborists shall be made available. A list of recommended trees for our area will be made available.

(Ord. 916; Code 2007; Ord. 957)

13-304 Spacing and distances.

Street trees may be planted no closer together than thirty (30) feet except in special plantings approved by the Tree Board. A map or chart showing widths will be included.

(Ord. 916; Code 2007; Ord. 957)

13-305 Distances and clearing for planting.

(a)Street trees may be planted in the tree lawn where there is more than six (6) feet between the edge of the sidewalk and the curb of the street. Street trees shall be planted no closer than six (6) feet from a street or curb. Exceptions can be granted by the City Tree Board.

(b)No street tree shall be planted closer than ten (10) feet from any fireplug.

(c)Special permission must be obtained from the City Administrator when planting street trees within ten (10) feet of any point on a line on the ground immediately below any overhead utility wire, or within five (5) lateral feet of any underground water line, sewer line, transmission line or other utility,

(d)Clearance over streets and walkways shall be the responsibility of the abutting property owner. A clearance of eight (8) feet must be maintained over walkways and a clearance of twelve (12) feet must be maintained over streets. Property owners are responsible for trees on their own property as well as trees on the public way that abuts their property.

(Ord. 916; Code 2007; Ord. 957)

13-306 Public tree care.

(a)The City shall have the right to plant, prune, maintain and remove trees, plants and shrubs within right of way or bounds of all streets, alleys, lanes, squares and public grounds as may be necessary to insure the public safety or to preserve or enhance the beauty of such public grounds.

(b)The City Administrator may remove or cause to be removed, any tree or part thereof 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, or is seriously affected with any injurious insect or disease.

(c)The abutting property owners shall have the right to perform normal tree care on all street trees.

(Ord. 916; Code 2007; Ord. 957)

13-307 permit required.

No person shall plant a street tree or any other tree in the public right of way without first obtaining a permit from the City Administrator. There will be no fee for such permit.

(Ord. 916; Code 2007; Ord. 957)

13-308 Tree topping.

It is not recommended 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 (3) inches in diameter within the tree’s crown to such a degree 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 where other pruning practices are impractical may be exempt from this section at the determination of the City Administrator or the City Council.

(Ord. 916; Code 2007; Ord. 957)

13-309 Dead or diseased tree removal.

The City is authorized to remove or cause to be removed any dead or diseased tree, or dead or diseased parts of trees, within the City limits. Diseased trees are defined as those trees that may constitute a hazard to life and property, or harbor insects or disease, which represent a potential threat to other trees within the City. The City Administrator will notify in writing the owner of such trees and it shall be accomplished within an appropriate time. In the event of failure to remove by the owner, the City shall have authority to remove such trees, or parts thereof, and charge the cost of removal on the property tax notice. The same shall be true of uninhabited lots. The City may hire an independent contractor or firm to perform the culling, trimming and/or removal work and the charges for such work shall be assessed to the property owner.

(Ord. 916; Code 2007; Ord. 957)

13-310 Removal of stump.

All stumps and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.

(Ord. 916; Code 2007; Ord. 957)

13-311 Tree board.

(a)The City Tree Board shall consist of no less than 6 nor more than 9 members who shall be residents of the City. The actual number of members between 6 and 9 shall be determined by the City Administrator and will be appointed by the City Administrator subject to approval of the City Council.

(b)The term of the six to nine persons appointed by the City Administrator shall be determined by the City Administrator with approval of the City Council but in no event shall any term exceed three years. Members with expired terms are eligible for reappointment.

(c)Members of the Board shall serve without compensation.

(d)It shall be the responsibility of the Tree Board to study, investigate, counsel and develop and/or update annually, written guidelines for the care, including the location, spacing, planting, culture, and removal or disposition of trees and shrubs in parks, streets, alleys, and other lands owned or managed by the City. Such guidelines will be presented annually to the City Council and upon its acceptance and approval, shall serve as guidelines for the City for the care of trees and shrubs on lands owned or managed by the City.

(e)The Tree Board when requested by the City Administrator or City Council, shall consider, investigate, make findings, report and recommend upon any special matter or question coming within the scope of its work.

(f)The Tree Board shall choose its own officers, make its own rules and regulations and keep a journal of its proceedings. A majority of the members shall be a quorum for the transaction of business.

(Ord. 916; Code 2007; Ord. 957; Ord. 1058)

13-312 Access.

It shall be unlawful for any person to prevent, delay or interfere with access to private property by the City, its representatives, or any contractor or firm hired by the City in the performance of any section of this article.

(Ord. 916; Code 2007; Ord. 957)

13-313 Review by council.

The City Council shall have the right to review the conduct, acts and decisions of the City Administrator. Any person may appeal from any ruling or order of the City Administrator to the City Council who may hear the matter and make final decision.

(Ord. 916; Code 2007; Ord. 957)