(a) 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, which said land is public property or to which the City has an easement specifically referring to this article.
(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 to which the public has free access as a park.
(Ord. 487; Code 2019)
There is hereby created and established a City Tree Board for the City of Haven, Kansas, which shall consist of from five (5) to seven (7) members, citizens and residents of this City which shall be appointed by the Mayor with approval of the Council.
(Ord. 487; Code 2019)
The term of the five (5) to seven (7) persons appointed by the Mayor shall be three (3) years, subject to re-appointment by the Mayor with approval of the City Council. In the event that a vacancy occurs during the term of any member, his successor shall be appointed for the unexpired portion of the term.
(Ord. 487; Code 2019)
Members of the Board shall serve without compensation.
(Ord. 487; Code 2019)
It shall be the responsibility of the 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 parts, along streets and in other public areas. Such plan will be presented annually to the City Commission and upon their acceptance and approval shall constitute the official comprehensive city tree plan for the City of Haven, Kansas. The Board, when finding, report and recommend upon any special matter of question coming within the scope of its work.
(Ord. 487; Code 2019)
The 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. 487; Code 2019)
An updated list of street trees approved for planting is available at the city office. No species other than those included in this list may be planted as street trees without consulting with the Tree Board.
(Ord. 487; Code 2019)
The spacing of street trees shall be in accordance with the three (3) species classes in the approved tree list. No tree may be planted closer than the following: small trees, thirty (30) feet; medium trees, forty (40) feet; and large trees, fifty (50) feet.
(Ord. 487; Code 2019)
The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the tree (3) 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, two (2) feet; Medium trees, three (3) feet; and Large trees, four (4) feet.
(Ord. 487; Code 2019)
No Street Tree shall be planted closer than twenty-five (25) feet of any street corner, measured from the point of nearest intersecting curbs or curblines. No Street Tree shall be planted closer than ten (10) feet of any fireplug.
(Ord. 487; Code 2019)
No Street Trees other than those species listed as Small trees in Section 13-307 may be planted under or within ten (10) lateral feet of any overhead utility wire, or over or within five (5) lateral feet of any underground water line, sewer line, transmission line or other utility.
(Ord. 487; Code 2019)
With the best interest of the property owner and City always in mind, 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 ground, as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds.
The City Tree Board may remove or cause of order 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 affected with any injurious fungus, insect or other pest. This section does not prohibit the planting of Street Trees by adjacent property owners providing that the selection and location of said trees is in accordance with Sections 13-307:311.
(Ord. 487; Code 2019)
It shall be a violation of this article 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 of other obstructions where other pruning practices are impractical, may be exempted from this article at the determination of the City Tree Board.
(Ord. 487; Code 2019)
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 intersection and so that there shall be a clear space of eight feet (8’) above the surface of the street or sidewalk. Said owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The City shall have the right to prune any tree or shrub on private property 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, after discussion with property owner. Such pruning shall be done in a way that will not detract from the appearance or shorten the life of the tree.
(Ord. 487; Code 2019)
Whenever the Tree Board has determined that it is necessary for trimming of street trees, the expense thereof shall be borne by the City. If trimming is requested by the property owner, then such trimming expense will be paid for by that property owner.
(Ord. 487; Code 2019)
The Tree Board of the City of Haven will pay half the cost up to a total of $50 for the purchase of new “street trees.” Property owners have the responsibility to purchase, plant, and take care of cost-shared tree(s). Property owners must also submit the original receipt of purchase of tree(s) to the city office to receive reimbursement from the City of Haven. Tree species planted must be included on the Preferred Tree Species list for South Central Kansas and in accordance to “Seven Steps to Rapid-Growing Trees” and Sections 13-307:311. The owner must agree to provide proper care of the new tree(s) as outlined in Sections 13-312:315.
A limit of two trees per lot per year will be cost-shared by the Tree Board of the City of Haven. The total number of trees cost-shared per year will be determined by the Tree Board as funding is available. This incentive is not retroactive.
The Tree Board of the City of Haven has the right to refuse to plant trees in areas where it would be in conflict with city utilities or the safe movement of traffic.
The Tree Board of the City of Haven has the right to designate the kind and/or size of trees to be planted in such areas as above.
(Ord. 487; Ord. 487A; Ord. 487B; Code 2019)
The City shall have the right to cause the removal of any dead or diseased tree on property within the City when such trees constitute a hazard to life and property or harbor insects or diseases which constitute a potential threat to other trees within the City. Prior to any such action, the City Tree Board shall notify the owner in writing that such a tree or trees exists on that owner’s private property and set forth a hearing date before the Tree Board at which time a hearing shall be held as to whether the owner does in fact have dead or diseased trees on his or her private property which constitutes a hazard to life or property or a potential threat to other trees. After said hearing and after the owner has had an opportunity to appear in front of whoever the witnesses of the City are and whatever evidence is presented and present evidence of his or her own the City Tree Board shall make a finding. If the Tree Board finds that there are such dead or diseased trees on the property of the owner and that said trees constitutes a hazard to life and property or a threat to other trees within the City, then the Tree Board may order the owner to remove said trees within ninety (90) days. In the event of the failure of the owners to comply with the directive, the City shall have the authority to remove the trees and charge the costs of removal on the owner’s property tax notice with the costs being spread over a period of five (5) years.
(Ord. 487; Ord. 504; Code 2019)
All stumps of street 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. 487; Code 2019)
It shall be in violation of this article for any person to prevent, delay or interfere with the City Tree Board, or any of its agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying, or removing of any Street Trees, Park Trees, or trees on private grounds, as authorized in this article.
(Ord. 487; Code 2019)
It shall be in violation of this article for any person or firm to engage in the business or occupation of pruning, treating, or removing street or park trees or tree stumps within the City without first applying for and procuring a license. The license fee shall be twenty-five dollars ($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 amount of one million dollars ($1,000,000.00) for bodily injury and one million dollars ($1,000,000.00) property damage indemnifying the City or any person injured or damaged resulting from the pursuit of such endeavors as herein described. Preference will be given to certified arborists with the Kansas Arborist Association (KAA) or International Society of Arboriculture (ISA).
(Ord. 487; Ord. 489; Code 2019; Ord. 695)
The City Commission shall have the right to review the conduct, acts and decisions of the City Tree Board. Any person may appeal from any ruling or order of the City Tree Board to the City Commission who may hear the matter and make final decision.
(Ord. 487; Code 2019)
Any person violating any provision of this article shall be, upon conviction or a plea of guilty, subject to a fine not to exceed one hundred dollars ($100.00).
(Ord. 487; Code 2019)