CHAPTER XIII. PUBLIC PROPERTYCHAPTER XIII. PUBLIC PROPERTY\ARTICLE 3. TREES AND SHRUBS

The following terms shall mean:

(a)   Potential Utility Line Hazards - shall mean any trees or other woody vegetation that grow around city-owned utility lines below ground, around city-owned utility lines on the ground, or grow up to a height where they are near city-owned utility lines above the ground, and are deemed to pose a hazard to said city-owned utility lines as determined by a designated city representative.

(b)   Park Trees - shall mean trees, shrubs, bushes, and all other woody vegetation in public parks having individual names and all area owned by the city, or to which the public has free access as a park.

(c)   Street Trees - shall mean trees, shrubs, bushes, and all other woody vegetation on land lying between property limes on either side of all streets, avenues, or ways within the city.

(Ord. G-2599, Sec. 1; Ord. 2804; Code 2016)

There is hereby created and established a city tree board for the city which shall consist of seven members, citizens and residents of this city, who shall be appointed by the mayor with the approval of the commission.

(Ord. G-2677; Code 2007)

The term of the seven persons shall be four years, except the term of one member appointed to the board shall be for one year; the term of two members shall be two years; the term of two members shall be three years; the term of two members shall be four years. In the event 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. 2677, Sec. 2; Code 2007)

Members of the board shall serve without compensation.

(Ord. G-2599, Sec. 1)

It shall be the responsibility of the board to study, investigate, counsel and develop and/or update annually, and administer a written plan for the care, preservation, pruning, planting, re-planting, 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 commission and upon their acceptance and approval shall constitute the official comprehensive city tree plan for the city.

The board, when requested by the city commission, shall consider, investigate, make findings, reports and recommendations upon any special matter of question coming within the scope of its work.

(Ord. G-2599, Sec. 1)

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. G-2599, Sec. 1)

Trees shall be chosen from the list of Preferred Tree Species for South Central Kansas, as developed by the South Center Kansas Urban Forestry Council. Other species may be planted with the approval of the city tree board.

(Ord. 2653, Sec. 2)

The spacing of street trees will be in accordance with the four species size classes from the list of Preferred Tree Species for South Central Kansas, referred to in section 13-307. Without special written permission of the city tree board, no tree may be planted closer together than the following: small trees, 30 feet; medium trees, 40 feet; large trees, 50 feet. This section may be waived when special plantings are designed or approved by a landscape architect and submitted to the tree board in writing.

(Ord. G-2599, Sec. 1; Ord. 2653, Sec. 3)

The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the four species size classes from the list of Preferred Tree Species for South Central Kansas, referred to in section 13-307, and no trees may be planted closer to any curb or sidewalk than the following: small trees, two feet; medium trees, three feet; large trees, four feet.

(Ord. G-2599, Sec. 1; Ord. 2653, Sec 4)

The owner of real property should not plant any tree, plant or shrub which by obstructing the view of any driver constitutes a traffic hazard. No street tree shall be planted closer than 10 feet of any fire hydrant.

(Ord. G-2599, Sec. 1; Ord. 2653, Sec. 5)

No street trees other than the species listed as small trees from the list of Preferred Tree Species for South Central Kansas, referred to in section 13-307, may be planted under or within 10 lateral feet of any overhead utility wire, or over or within five lateral feet of any underground water line, sewer line, transmission line or other utility.

(Ord. 2599, Sec. 1; Ord. 2653, Sec. 6)

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 or enhance the symmetry and beauty of such public grounds.

The city tree board may remove or cause or 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 infected 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 the trees is in accordance with sections 13-307 through 13-311 of this article.

(Ord. G-2599, Sec. 1)

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 where other pruning practices are impractical may be exempted from this article at the determination of the city tree board.

(Ord. G-2599, Sec. 1)

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 10 feet above the surface of the street or sidewalk. The 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 or any traffic control device or sign and after reasonable notice the city may trim and maintain, or, where necessary, remove such trees and shrubbery and assess the costs of such work against the abutting property as a special assignment.

(K.S.A. 1984 Supp. 12-3201; Ord. 2653, Sec. 7)

The city shall have the right to cause the removal of any dead or diseased trees on private property within the city, when such trees constitute a hazard to life or property, or harbor insects or diseases which constitute a potential threat to other trees within the city. The City Tree Board or an agent of the city will notify in writing the owners of such trees. Removal shall be done by the owners at their own expense within sixty (60) days after the date of the service of notice. In the event of failure to comply with such provisions, the expense of removal shall be certified to the county clerk as a special assessment upon the property and collected in the same manner as other taxes.

(Ord. G-2599, Sec. 1; Ord. 2804; Code 2016)

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. 2599, Sec. 1)

It shall be unlawful 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. G-2599, Sec. 1)

It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating, or removing trees within the city without first applying for and procuring a license. The license fee shall be $25 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 endeavor. Before any license shall be issued, each applicant shall first file evidence of possession of liability insurance in the minimum amounts of $100,000 for bodily injury and $50,000 property damage indemnifying the city or any person injured or damaged resulting from pursuit of such endeavors as herein described.

(Ord. G-2599, Sec. 1)

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. G-2599, Sec. 1)

(a)   The City of Anthony has an established Preventative Tree Removal Program for the removal and/or trimming of trees located on private property that have been deemed as potential hazards to city-owned utility lines by a designated representative of the city.

(b)   The city shall reimburse any property owner fifty percent (50%) of the total removal and/or trimming expenses upon valid proof that said property owner paid a licensed professional to remove and/or trim trees previously deemed as potential hazards to city-owned utility lines.

(c)   The removal and/or trimming of trees as part of this program must be approved by a designated city representative prior to the removal and/or trimming of the trees in order to determine if the trees present a potential hazard to at least one city owned utility line. Trees that are removed prior to the approval of a designated city representative shall not be eligible for the reimbursement program.

(d)   Reimbursement for the removal and/or trimming shall be paid from the utility fund or funds to which the potential hazard exists.

(Ord. 2804; Code 2016)