ARTICLE 3. TREES AND SHRUBS
13-301 Definitions.
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.
Park Trees are herein defied 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. 916, Sec. 1)
13-302 Creation and establishment of a city tree board.
There is hereby created and established a city tree board for the city which shall consist of five members, citizens and residents of this city, who shall be appointed by the mayor with the approval of the council.
(Ord. 916, Sec. 2)
13-303 Term of office.
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 at 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, his or her successor shall be appointed for the unexpired portion of the term.
(Ord. 916, Sec. 3)
13-304 Compensation.
Members of the board shall serve without compensation.
(Ord. 916, Sec. 4)
13-305 Duties and responsibilities.
It shall be the responsibility of the board to study, investigate, council and develop and/or update annually, and prepare a written plan for the care, preservation, pruning, planting, replanting, 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. The board when requested by the city council, s hall consider, investigate, make finding report and recommend upon any special matter of question coming within the scope of its work.
(Ord. 916; Ord. 1145, Sec. 1)
13-306 Operation.
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. 916, Sec. 6)
13-307 Street tree species to be planted.
The following list, developed by the Kansas Department of Forestry, constitutes the official street tree species for the city. No species other than those included in this list may be planted as street trees without written permission of the city tree board.
| Small Trees | Medium Trees | Large Trees |
|---|---|---|
| Crabapple, Flowering | Ash, Green | Coffeetree (Kentucky) |
| Goldenraintree | Hackberry | Maple, Silver |
| Hawthorn | Honeylocust (thornless) | Maple, Sugar |
| Serviceberry | Linden or Basswood | Oak, Bur |
| Soapberry | Mulberry, Red | Sycamore |
| Dogwood, Flowering | (fruitless, male) | Sycamore, London planetree |
| Lilac, Japanese Tree | Oak, English | Ash, White |
| Mulberry, Paper | Oak, Red | Cottonwood (cottonless, male) |
| Peach, Flowering | Osage-orange (male | Lace Bark Elm |
| Plum, Purpleleaf | thornless) | |
| Bradford Pear | Persimmon | |
| Redbud | Pistachio, Chinese | |
| Whitebud | Poplar, White | |
| Sassafras | ||
| Tulip Poplar | ||
| Hickory | ||
| Shag Bark Hickory |
(Ord. 916; Ord. 1145, Sec. 2)
13-308 Spacing.
The spacing of street trees will be in accordance with the three species size classes listed in section 13-307, and 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. 916, Sec. 8)
13-309 Distance from curb and sidewalk.
The distance trees may be planted from curbs or curblines and sidewalk will be in accordance with the three 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 - four feet; Medium trees - six feet; and Large trees - eight feet.
(Ord. 916, Sec. 9)
13-310 Distance from street corners and fireplugs.
No street tree shall be planted closer than 35 feet of any street corner, measured from the point of nearest intersecting curbs or curblines. No street tree shall be planted closer than 10 feet of any fireplug.
(Ord. 916, Sec. 10)
13-311 Utilities.
No street trees other than those species listed as small trees in section 13-307 may be planted under or within five lateral feet of any underground water line, sewer line, transmission line or other utility.
(Ord. 916, Sec. 11)
13-312 Reserved.
(Ord. 916, Sec. 12; Repealed by Ord. 1145)
13-313 Tree topping.
It shall be unlawful as a normal practice for any person, firm, or city department to top any street, 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 Governing Body.
(Ord. 916; Ord. 1145, Sec. 4)
13-314 Pruning, corner clearance.
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 there shall be a clear space of eight 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 of any traffic control device or sign.
(Ord. 916, Sec. 14)
13-315 Dead or diseased tree removal on private property.
The city shall have the right, in its discretion, to cause the removal of any dead or diseased trees on private property within the city, when such trees constitute a hazard to life and property, or harbor insects or disease which constitute a public nuisance or potential threat to other trees within the city. The city shall notify in writing the owners of such trees that removal shall be done by the owners at their own expense within 60 days after the date of service notice. In the event of failure of owners to comply with such notice, the city shall have the authority to remove such trees and assess the cost of removal on the owner’s property tax pursuant to K.S.A. 12-6a17.
(Ord. 916; Ord. 1145, Sec. 5)
13-316 Interference with city tree board.
It shall be unlawful or 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. 916, Sec. 16)
13-317 Regulation of trees and shrubs on city property.
Pursuant to K.S.A. 12-3201 the Governing Body of the City of Oswego, Kansas hereby establishes regulations governing the planting, maintenance, treatment and removal of trees and shrubbery upon all streets, alleys, avenues, boulevards and public rights of way within such City.
(Ord. 916, Sec. 17; Ord. 1145, Secs. 6, 8; Code 2013)
13-318 Same; abutting property owner’s duty to remove nuisance trees and shrubs.
The owners of property abutting the streets, alleys, avenues, boulevards and public rights of way within the City of Oswego, Kansas, shall not plant or maintain thereon any trees or shrubbery which are diseased or damaged to the extent that they cause a public nuisance or hazard, or block the vision of drivers to the extent that they create a safety hazard, 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 injurious fungus, insect or other pests.
(Ord. 916, Sec. 18; Ord. 1145, Secs. 7, 9; Code 2013)
13-319 Same; duties of city inspector.
The City Superintendent of the City of Oswego, Kansas is hereby designated as the official City Inspector for purposes of determining whether or not any tree or shrub upon the streets, alleys, avenues, boulevards and public rights of way mentioned herein is diseased, damaged, constitutes a public nuisance or is a safety hazard.
(Ord. 1145, Sec. 10; Code 2013)
13-320 Same; consideration of violations by governing body.
Upon the filing of a written report by the official City Inspector that the owner of property abutting the streets, alleys, avenues, boulevards and public rights of way within the City is maintaining thereon a tree or shrub in violation of this article, the matter shall be considered by the Governing Body of the City of Oswego, Kansas, at its next regularly scheduled meeting at least 10 days after the filing of such written notice. A copy of the written notice shall be served in person or delivered by certified mail by the City of Oswego, Kansas, to the owner of the abutting property which contains the offending tree or shrub, which notice shall include a statement that the matter will be brought before the Governing Body of the City of Oswego, Kansas, for discussion and decision, stating the date and time and place of the meeting.
(Ord. 1145, Sec. 11; Code 2013)
13-321 Same; notice to remove.
In the event the Governing Body of the City of Oswego, Kansas, determines that the offending tree or shrub shall be trimmed or removed, notice of such decision shall be provided by personal service or certified mail to the owner of the abutting property which contains said tree or shrub and shall provide the owner with sixty (60) days in which to trim or remove said tree or shrub, unless an emergency exists, in which instance, the notice shall specify a lesser number of days which the owner shall have to trim or remove the offending tree or shrub.
(Ord. 1145, Sec. 12; Code 2013)
13-322 Abatement; assessment of costs.
In the event the owner, after receiving such notice fails to trim or remove said offending tree or shrub from the public right of way or fails to obtain an extension of time therefore from the Governing Body, then the City of Oswego, Kansas, may trim or where necessary remove such tree or shrub. In the event the City of Oswego, Kansas, performs any work to remedy the violation of this article, the cost thereof shall be assessed to the owner of the abutting property which contains the offending tree or shrub pursuant to K.S.A. 12-6a17. As required by said statute, each such service assessment shall be made by separate ordinance after a statement of costs has been given to the owner and after allowing the owner sixty (60) days in which to pay the charge in full.
(Ord. 1145, Sec. 13; Code 2013)