Community Forest Manager is defined as the official (public employee) representative of the Tree Board and as such is responsible for administration of the community forestry program.
Park trees are defined as trees, shrubs, bushes and all other woody vegetation in public parks.
Public community forest is defined as all street and park trees, and other trees owned by the city as a total resource.
Private community forest is defined as all trees within municipal boundaries but not owned by the city.
Street trees are defined as trees, shrubs, bushes, and all other woody vegetation on land lying between the property lines on either side of all streets and avenues within the city.
(Ord. 525; Code 2024)
There is hereby created and established a City Tree for the City of Mound City, Kansas, which shall consist of five members, four of which will be residence of Mound City, who shall be appointed by the mayor with the approval of the City Council. The Community Forest Manager shall be an ex officio member of the City Tree Board
(Ord. 525; Code 2024)
The term of the five persons to be appointed by the mayor 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, a successor shall be appointed by the Mayor for a new three year term.
(Ord. 525; Code 2024)
Members of the Mound City Tree Board shall serve without compensation.
(Ord. 525; Code 2024)
It shall be the responsibility of the Tree Board to study, investigate, counsel, and develop and/or update annually, and administer written plans (annual and long range) for the care, replacement, maintenance, and removal or disposition of trees and shrubs in parks, along street and in other public areas. Such plan will be presented annually in November to the City Council and upon their acceptance and approval shall constitute the official comprehensive city tree plan for the City of Mound City, Kansas. The Tree Board, when requested by the City Council, shall consider, investigate, make findings, report and recommend upon any special matter or question relating to trees.
(Ord. 525; Code 2024)
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. 525; Code 2024)
The City of Mound City, Kansas shall maintain an extensive list of recommended trees for planting in public areas. The purpose of this listing will be to maintain diversity in the total tree population. This list shall be a available to residents of the city upon request to aid in the selection of trees for private and public 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.
(Ord. 525; Code 2024)
Street trees may be planted in the tree lawn where there is more than six feet between the edge of the sidewalk and the curb of the street. Street trees shall be planted no closer than three feet from a sidewalk, driveway or street. No street trees shall be planted closer than 35 feet from any street comer, measured from the point of the nearest intersection of curbs or curblines. No street tree shall be planted closer than 10 feet from any fireplug. Special permission must be obtained from the Community Forest Manager when planting street trees within 10 feet from any point on a line on the ground immediately below any overhead utility wire.
(Ord. 525; Code 2024)
The City shall have the right to plant, prune, maintain, and remove trees, plants and shrubs within the right-of-way or bounds of all streets, alleys, and lanes, squares, and public grounds, as may be necessary to ensure the public safety.
The City 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 electric power lines or other public improvements or is seriously affected with any fatal disease. The abutting property owners shall have the right to perform normal tree care on all street trees.
(Ord. 525; Code 2024)
No person shall plant a street tree without first obtaining a permit from the Community Forest Manager. There will be no fee for such permit.
(Ord. 525; Code 2024)
No person shall remove any public tree without replacing such tree with a tree or trees of equivalent dollar value in the vicinity of the removed tree. The value of trees shall be determined by the community forest manager in accordance with regulations considering the species, location, size and condition of trees adopted by the Tree Board. If no suitable location exists in the vicinity of the tree removed or if the replacement tree is of lesser value, the person causing the tree to be removed shall make a compensatory payment to the city equal to the difference in value between the tree removed and any replacement tree. Such compensatory payments shall be paid into a fund established by the City Clerk and used solely for the purpose of enhancing the community forest.
(Ord. 525; Code 2024)
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, rounding off or pollarding is defined as the systematic cutting back of limbs 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 section at the determination of the Tree Board or the Community Forest Manager.
(Ord. 525; Code 2024)
Clearance over streets and walkways hall be the responsibility of the abutting property owner. A clearance of 8 feet must be maintained over walkways and a clearance of 12 feet must be maintained over streets and alleys. Property owners are responsible for trees on their own property as well as trees on the public way that abuts their property.
(Ord. 525; Code 2024)
The City shall have the right to cause to be removed any tree within the city limits that is dead or has been declared a hazard. “Hazard trees” are defined as trees with severe structural defects or splits. The City will notify in writing the owners of such trees. Removal is the responsibility of the owners of such trees and shall be accomplished within time limits set by the Community Forest Manager.
(Ord. 525; Code 2024)
It shall be unlawful for any person to prevent, delay or interfere with the Tree Board or any of its representatives or agents, while engaging in and about the planting, cultivating, mulching, pruning, and spraying, or removing of any trees within the public community forest.
(Ord. 525; Code 2024)
It shall be unlawful for any person to prevent, delay or interfere with access to private property by the city or its representative in the legal performance of any section of this article.
(Ord. 525; Code 2024)
Persons or firms engaged in the business or occupation of pruning, treating or removing any street tree, park tree or other privately owned tree must be recognized by the Kansas Arborist Association as a Certified Arborist or Tree Technician. Tree Technicians must carry evidence of liability insurance and workmen’s compensation. No certification shall be required by any public employee doing such work in the pursuit of their public service endeavors.
(Ord. 525; Code 2024)