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City of Grant, Nebraska

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Article 6 - Tree Board

Article 6 – Tree Board

SECTION 2-601:  operation

SECTION 2-602:  DUTIES AND RESPONSIBILITIES

SECTION 2-603:  TREES; DEFINITIONS

SECTION 2-604:  TREES; SPECIES TO BE PLANTED

SECTION 2-605:  TREES; SPACING

SECTION 2-606:  TREES; DISTANCE FROM CURB AND SIDEWALK

SECTION 2-607:  TREES; DISTANCE FROM STREET CORNERS AND FIRE HYDRANTS

SECTION 2-608:  TREES; UTILITIES

SECTION 2-609:  TREES; MAINTENANCE, REMOVAL; PLANTING BY ADJACENT PROPERTY OWNERS

SECTION 2-610:  TREES; TOPPING

SECTION 2-611:  TREES; PRUNING; CLEARANCE

section 2-612:  TREES; INJURY OR DAMAGE

SECTION 2-613:  TREES; PUBLIC SERVICE COMPANIES

SECTION 2-614:  TREES; DEAD OR DISEASED TREE REMOVAL ON PRIVATE PROPERTY

SECTION 2-615:  TREES; REMOVAL OF STUMPS

SECTION 2-616:  INTERFERENCE WITH TREE BOARD

SECTION 2-617:  ARBORISTS; LICENSE AND BOND

 

 

 

 

 

SECTION 2-601:  operation

    A. There is hereby created and established a Tree Advisory Board for the City of Grant.  There shall not be fewer than five nor more than seven members on the Tree Board. Members shall be selected from the citizens of the city; provided, neither the mayor nor any member of the City Council shall be a member of the Tree Board. Each member shall serve a term of three years.  The members of the board may select such officers from among their own number as they may deem necessary.  Members shall serve without compensation.

 

    B. The city shall provide $2.00 per capita for spending on the annual community forestry program.  These funds shall be used for the essential, ongoing activity for the care of trees along streets, in parks, and in other public places.  The board shall determine which projects and public areas need funding and advise the city superintendent of the same.  The board shall have no fiscal responsibility except for advisement as stated above.

 

SECTION 2-602:  DUTIES AND RESPONSIBILITIES

 

    A. It shall be the responsibility of the board to study, investigate, counsel, 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, in other public places, and on private property where the trees abut the public property line.  The annual plan should also address watering and fertilizing, dead and hazardous tree removal, safety and fine pruning, and insect and disease control.

 

    B. The board will also investigate, provide assistance, and make recommendations to the city superintendent regarding supplemental funding from sources such as grants, loans, and donations other than the required $2.00 per capita.

 

    C. The board is responsible for coordinating with the city superintendent to ensure this ordinance and other city ordinances which pertain to trees, specifically Chapter 6, Public Ways and Property, are enforced.

 

    D. The board will also keep an updated inventory of public trees by species, number, and location.  The written plan will be presented annually to the City Council and upon its acceptance and approval shall constitute the official comprehensive city tree plan.

          

    E. The board will plan, coordinate, and implement a program to celebrate Arbor Day.

 

    F. The board, when requested by the City Council, shall consider, investigate, make findings, report and recommend upon any special matter of question coming within the scope of its work.

 

SECTION 2-603:  TREES; DEFINITIONS

 

    "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.

 

    "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. No. 385, 4/10/96)

 

SECTION 2-604:  TREES; SPECIES TO BE PLANTED

 

    No species other than those listed in the most recent edition of “Woody Landscape Plants for Nebraska Communities,” published by the Nebraska Statewide Arboretum and the Nebraska Forest Service, may be planted as street trees without written permission of the Tree Board.  A copy of this list compiled by these state agencies will be kept on file in the office of the city clerk.  (Ord. No. 385, 4/10/96)

 

SECTION 2-605:  TREES; SPACING

 

    The spacing of street trees will be in accordance with the three species size classes listed in the tree list.  No trees may be planted closer together than the following: 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. No. 385, 4/10/96)

SECTION 2-606:  TREES; DISTANCE FROM CURB AND SIDEWALK

    The distance that trees may be planted from curbs or curb lines and sidewalks will be in accordance with the three species size classes listed in tree list.  No trees may be planted closer to any curb or sidewalk than the following: small trees, 2 feet: medium trees, 3 feet; and large trees, 4 feet.  (Ord. No. 385, 4/10/96)

SECTION 2-607:  TREES; DISTANCE FROM STREET CORNERS AND FIRE HYDRANTS

    No street tree shall be planted closer than 35 feet from any street corner, measured from the point of nearest intersecting curbs or curb lines.  No street tree shall be planted closer than 10 feet from any fire hydrant.  (Ord. No. 385, 4/10/96)

 

SECTION 2-608:  TREES; UTILITIES

 

    No street trees other than those species listed as small trees may be planted under or within 10 lateral feet of any overhead utility wire or over or within 5 lateral feet of any underground water line, sewer line, transmission line, or other utility.  (Ord. No. 385, 4/10/96)

 

SECTION 2-609:  TREES; MAINTENANCE, REMOVAL; PLANTING BY ADJACENT PROPERTY OWNERS

 

    A. 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 public safety or to preserve or enhance the symmetry and beauty of such public grounds.

 

    B.  The City Council or its designated representative 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 affected with any injurious fungus, insect, or other pest.

 

    C. 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 this article.  (Ord. No. 385, 4/10/96)

SECTION 2-610:  TREES; TOPPING

    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 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 exempted from this article at the determination of the Tree Board.  (Ord. No. 385, 4/10/96)

SECTION 2-611:  TREES; PRUNING; CLEARANCE

    Every owner of any tree overhanging any street or right of way within the city shall prune the branches so that they do 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 and 7 feet above the sidewalk.  Said owner shall remove all dead, diseased, or dangerous trees and 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.  (Ord. No. 385, 4/10/96)

section 2-612:  TREES; INJURY OR DAMAGE

    It shall be unlawful for any person to purposely or carelessly and without lawful authority to cut down, carry away, injure, break down, or destroy any fruit, ornamental, shade, or other tree standing or growing on any land belonging to another person or on any public land in the corporate limits.

SECTION 2-613:  TREES; PUBLIC SERVICE COMPANIES

    Any public service company desiring to trim or cut down any tree, except on property owned and controlled by it, shall make an application to the City Council to do so; and the written permit of the council in accordance with its decision to allow such an action shall constitute the only lawful authority on the part of the company to do so.  (Neb. Rev. Stat. §17-555)

SECTION 2-614:  TREES; DEAD OR DISEASED TREE REMOVAL ON PRIVATE PROPERTY

    A. The city shall have the right to cause the removal of any dead or diseased trees on private property when such trees constitute a hazard to life and property or harbor insects or disease, which consti­tute a potential threat to other trees.  The City Council or its designated representative will notify in writing the owners of such trees.  Removal shall be done by said owners at their own expense within 60 days after the date of service of notice.  In the event of failure of the owners to comply with such provisions, the city shall have the authority to remove such trees and charge the cost of removal on the owner's property tax notice.

 

    B. In the event that the owner is a non-resident, notice shall be made by publication in a newspaper of general circulation or by certified mail if the name and address are known.  The person charged with the removal may enter into an agreement with the city that such work be accomplished by the city and the expense shall be declared to be a lien upon such property from the time the same becomes due until paid.  If the owner fails, neglects, or refuses to enter into such an agreement or to remove the trees, the Tree Board may enter upon the property and proceed to direct the removal of the trees; the cost thereof shall be chargeable to the property owner.  If the owner fails to reimburse the city after being properly billed, the costs shall be assessed against the property and certified by the city clerk to the county treasurer to be collected in the manner prescribed by law.

 

SECTION 2-615:  TREES; REMOVAL OF STUMPS

 

    All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump does not project above the surface of the ground.  (Ord. No. 385, 4/10/96)

SECTION 2-616:  INTERFERENCE WITH TREE BOARD

    It shall be unlawful for any person to prevent, delay, or interfere with the Tree Board or any of its agents while they are engaged in 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. No. 385, 4/10/96)

SECTION 2-617:  ARBORISTS; LICENSE AND BOND

    A. It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating, or removing street or park trees within the city without first applying for and procuring a permit and paying the permit fee as set by resolution by the City Council and kept on file in the city office; provided, however, no permit shall be required of any public service company or city employee doing such work in the pursuit of their public service endeavors.

 

    B. Before any permit shall be issued, each applicant shall first file evidence of being certified to perform the work and in possession of liability insurance in the minimum amount of $50,000 for bodily injury and $100,000 property damage indemnifying the city or any person injured or damage resulting from the pursuit of such endeavors as herein described.  (Ord. No. 385, 4/10/96)