Sec. 60-101 Authority
to Regulate.
Sec. 60-102 Definitions.
Sec. 60-103 Arborist
Licensing.
Sec. 60-104 Rights,
Responsibilities and Duties of Private Property Owner(s).
Sec. 60-105 Rights,
Responsibilities and Duties of the City.
Sec. 60-106 Infected
or Infested Trees on Public or Private Property.
Sec. 60-107 Authority
of Public Service Utilities Trim Trees and Other vegetation in/on Public
Rights-of-Way.
Sec. 60-108 Planting,
Growing, Cultivation, Maintenance Treatment, Trimming, Pruning and Removal of
Trees and Shrubbery in Public Rights-of-Way.
Sec. 60-109 Assessment
for Cost of Work Completed by City.
Sec. 60-110 Tree
Requirements for New Developments / Plats.
Article I. Tree Regulations
Sec. 60-101 Authority to Regulate.
The
Ottawa City Commission is hereby authorized to regulate the planting,
maintenance, treatment and removal of street trees, park trees, and shrubbery
in the City of Ottawa related to matters of health, safety, and enjoyment of
property. The City Commission has
established the Tree Advisory Board to assist in this purpose.
Sec. 60-102 Definitions.
Words and terms, when
used in this Article, shall have the following meanings:
Arborist
indicates a specialist in the care and maintenance of trees. For purposes of this chapter, “Arborist”
does not include City of Ottawa employees performing routine tree/utility
maintenance activities.
Disease
is a condition in the plant that impairs the performance of a vital function,
such as fungus or blight.
Hanger
is a broken limb remaining in the canopy of a tree that may be dangerous to
vehicles and/or pedestrians.
Infection
indicates the presence of disease or fungus.
Infestation
is to be inhabited by insects adversely affecting the plant material.
Large
Tree indicates a tree that will mature to a height
greater than forty-five feet (45').
Medium
Tree indicates a tree that will mature to a height
greater than thirty feet (30'), but less than forty-five feet (45').
One-Call
is a system in place to reduce the hazard related to excavation near
underground utilities. A toll free call
in Kansas to 1-800-DIG-SAFE will notify all registered utility companies of the
intent to dig in a specific location.
Park
Trees are trees, shrubs, bushes, or any other woody
vegetation in named City parks and on other properties (not public
right-of-way) owned by the City.
Private
Trees are trees, shrubs, bushes, or any other woody
vegetation originating within the boundaries of privately owned property.
Prune
is to cut off or cut back parts of a tree to remove only damaged portions of
limbs, for better shape, or for more fruitful growth.
Right-of-Way
is that land dedicated to the City of Ottawa for public uses including streets,
alleys, utilities and sidewalks.
Small
Tree indicates a tree that will mature to a height
less than thirty feet (30').
Street
Trees are trees, shrubs, bushes, or any other woody
vegetation on the public right-of-way.
Topping
a tree is the practice of severely cutting back limbs to stubs larger than
three inches (3") in diameter in such a manner that the normal canopy of
the tree is removed or the tree is disfigured.
Tree
Board means Tree Advisory Board, established and
operated according to provisions of Chapter 5, Article 5 of the Ottawa
Municipal Code.
Sec. 60-103 Arborist Licensing.
A.
The City of
Ottawa shall approve licensing of arborists demonstrating appropriate
qualifications and certifications, and who demonstrate a willingness to operate
in a manner consistent with the regulations, including those established in
this Chapter, OSHA, and other regulations considered appropriate by City of
Ottawa Staff and the Tree Board. These
licenses shall be issued by the City Clerk at no expense to the arborist.
B.
The Tree Board
shall also establish and periodically review the criteria for such licensing,
to be approved by the City Commission by Resolution. Criteria shall include:
1.
Certification(s)
of appropriate training from Arborists associations, or other recognized
authorities in the field of arboriculture.
2.
Certificates of
liability insurance and workmen’s compensation insurance, such insurance in
amounts consistent with current industry practice, as determined by the City
Attorney.
3.
Submission of a
statement signed by the arborist/applicant indicating a desire to operate in
accordance with appropriate Safety guidelines and rules in order to protect the
public and his/her employees.
C.
Arborists are
not required to be licensed to work on private property within the City of
Ottawa. However, a list of voluntarily
licensed arborists shall be maintained by the City of Ottawa, and distributed
to citizens requesting the names of qualified arborists for work on private
property. Arborists not voluntarily in
compliance with these requirements shall not be included on the list.
D.
Arborists
working within the public right-of-way shall be required to have a current
Arborist License issued by the City of Ottawa.
Sec. 60-104 Rights,
Responsibilities and Duties of Private Property Owner(S).
A.
As trees
planted on private property or in public right-of-way abutting such private
property have historically been planted and maintained by the abutting private
property owner(s), said owner(s) have certain rights, responsibilities and
duties.
B.
Private
property owners shall have such interest in street trees as to enable them, in
the event of injury to said street trees, the right to seek recovery from the
party causing the injury. Owners shall
have the right of action in any court of competent jurisdiction to enjoin
injury of such street trees, except that no recovery or injunction shall be had
against the City of Ottawa in making public improvements or any other
reasonable exercise of authority within the right-of-way.
C.
Private
property owners shall be responsible for all aspects of tree care, including
those on private property and street trees in the public right-of-way abutting
their private property. Such
responsibilities include, but are not limited to, planting, watering,
fertilizing, pruning, treating for infestation or disease, and removing dead
limbs, trees and stumps.
1.
Private trees
and street trees shall be pruned/trimmed by property owners so as not to impede
vehicular and pedestrian traffic on public ways.
2.
In order to
provide for unimpeded parking, safe passage of vehicles, and access by street
maintenance equipment, no limbs shall be permitted over any streets less than
fifteen feet (15') above the top of the curb/edge of pavement.
3.
No limbs shall
be permitted to overhang any street in such a manner as to impede a vehicle
operator’s view of traffic signals, signs, or other such devices.
4.
No limbs shall
obstruct the light from a street (illumination) lamp.
5.
In order to
provide for safe pedestrian travel, no limbs shall be permitted over public
sidewalks less than eight feet (8') above the surface of the sidewalk.
6.
Private
property owners shall be responsible to remove limbs damaged by storms
(hangers) in private trees and in street trees abutting their property, as
these damaged limbs may fall from the tree, becoming a hazard to the public.
7.
Private
property owners shall be responsible for the disposal of branches, limbs,
brush, etc. removed from the trees and shrubbery, from their private property
or from the public right-of-way abutting their property, at their expense.
8.
Private
property owners shall be responsible for compliance with remediation
requirements of the City of Ottawa in the event a tree is inspected and found
to be infested, diseased or damaged, and the property owner is appropriately
notified.
9.
Private
property owners shall be responsible to locate utilities prior to digging. This can be accomplished by contacting one
agency that notifies all registered public utilities. The “One Call” in Kansas should be made to 1-800-DIG SAFE
(1-800-344-7233).
10.
Private
property owners should plant trees appropriate for the restrictions of a
particular site. The “Recommended Tree
List” maintained by the City should help in this effort.
Sec.
60-105 Rights,
Responsibilities and Duties of The City.
A.
The City shall
have the right, but not the responsibility, to enter onto private property for
the purpose of inspecting trees for infestation, disease, damage and/or other
conditions that may be detrimental trees or to other property. Should infestation, disease or other
conditions exist, the City shall notify the owner of the situation and
necessary remediation, which shall be the responsibility of the owner.
B.
The City shall
have the right, but not the responsibility, to enter the private property and
correct a tree infestation, disease, or damage deficiency by pruning, removing
or otherwise correcting the tree deficiency at the property owner’s expense.
C.
Nothing in this
Chapter shall be deemed to impair the right of the City to care for street
trees and park trees. When property
owners neglect duties related to care and maintenance of street trees (Sec.
60-104, above), the City shall have the right to perform such maintenance,
including treatment for disease/infestation, pruning, tree removal and stump
grinding, and may seek reimbursement of the necessary expenses from property
owners by legal means.
D.
If not
adequately maintained by property owners, the City of Ottawa may periodically
prune trees overhanging streets to maintain minimum clearance for vehicular
traffic and street maintenance activities.
When such work is undertaken, City crews may remove some of the lower
limbs from such trees. Such pruning
will not be limited to limbs overhanging the street, but will include pruning
limbs around the tree for a uniform appearance. This pruning activity will apply to trees on private property
that overhang streets, as well as street trees.
E.
City crews will
assist property owners in removing limbs damaged by storms in trees (hangers)
when resources are available. This
removal is ordinarily a property owner responsibility, and will only be
completed by City crews if other commitments allow and resources are available.
F.
In the event of
a significant storm event resulting in tree damage generally throughout the
City, the City may, if resources allow, provide for collection of limbs and
brush at curbside along streets. This
service is not one that is generally provided, and public notice will be made
by the City in the official newspaper and on local radio stations when this
service will be available.
G.
The Public
Works Director, with approval of the Tree Board, shall maintain a “Recommended
Tree List” designating trees as appropriate, discouraged, or prohibited for
specific applications.
Sec.
60-106 Infected or Infested
Trees On Public or Private Property.
A.
Whenever the
City of Ottawa, an agency of the State of Kansas, or an agency of the U.S.
Government determines that private trees are infected or infested with disease,
insects pests or larvae, the uncontrolled presence of which may constitute a
hazard to other trees in the community, the City shall notify the property
owner that removal of the hazard is required at property owner expense. Should the owner not remove the hazard, the
City shall have the right to enter onto the property, remove or mitigate the
hazard, and assess the expense to the property in accordance with legal methods
available to the City.
B.
When it appears
that there is, or is likely to be, a general infection or infestation of trees
with disease, insects pests or larvae throughout the City of Ottawa expected to
result in the damage or death of many trees, the City Commission may provide
for general treatment of the condition, and may pay the costs from the General
Fund.
Sec. 60-107 Authority of Public Service Utilities to Trim Trees and Other Vegetation In/On Public Rights-Of-Way
A.
Firms
performing normal tree trimming for line clearance shall make a reasonable
effort to notify affected property owners no less than seven (7) days prior to
tree trimming/pruning. Utility
providers shall have the right to trim/prune as necessary to restore service in
emergency situations without prior notification to property owners.
B.
Private firms
which are not public service utility providers conducting such activities in
the public right-of-way shall be required to be licensed by the City of Ottawa,
including proof of insurance and training.
Contractors working for public utility providers are required to be
licensed.
C.
Public utility
providers shall have the right to trim/prune as necessary to keep lines clear
from tree limb hazards as a matter of routine maintenance.
Sec. 60-108 Planting, Growing, Cultivation, Maintenance, Treatment, Trimming, Pruning and Removal Of Trees and Shrubbery in Public Rights-Of-Way
A.
Suggested
Trees/Tree Selection
1. No
street tree shall be placed so as to cause a traffic hazard, as determined by
the Chief of Police, or his designee.
2.
Street trees
should be planted with consideration to available space and other restrictions. Property owners should review the
“Recommended Tree List” with the Public Works Department prior to selecting and
planting any tree.
3.
Inappropriate
trees planted in the right-of-way may be removed by the City.
B. Tree
Spacing/Proximity to Intersections, Fire Hydrants, Curbs and Sidewalks
1.
To provide for
adequate space for tree canopies to develop, trees should be spaced no closer
to each other than:
Thirty
feet (30') - Small Trees
Forty
feet (40') - Medium Trees
Fifty
feet (50') - Large Trees
2.
To protect the
integrity of curbs and sidewalks, trees should be no closer than:
to Sidewalks to
Curbs
Small & Medium Trees four
feet (4') four feet (4')
Large Trees four feet (4') six feet (6')
3.
To provide for
safe use of street intersections, trees should be placed such that they do not
violate the “sight triangle”, as defined in Chapter 13, Article IV of the
Ottawa Municipal Code.
4.
No tree, shrub,
bush, or any plant material large enough to obstruct access shall be planted in
such as fashion that any portion thereof including expected growth shall
infringe on a three foot (3’) circumference around any fire hydrant.
C. Proximity
to Overhead & Underground Utilities
1.
No trees should
be planted immediately under, and only “small trees” should be planted within
fifteen feet (15') laterally of, overhead wires.
2.
The
“Recommended Tree List” shall include listings of trees that are “unfriendly”
to underground utilities. Planting an
unfriendly tree within five feet (5') laterally of an underground utility is
prohibited.
D.
Tree Topping
Prohibited.
It shall be unlawful for any person to “top”
a street tree, park tree, or any other tree on public property. Trees severely damaged by storm or other
causes, or certain trees under utility wires or other obstructions where normal
pruning practices are impractical may be exempted from this prohibition on a
case-by-case basis. A request to top a
tree must be processed and approved by the Public Works Department.
E.
Stump Removal.
When trees are removed, stumps shall either
be cut off flush with the surrounding ground or ground mechanically such that
the remaining stump is at or below the level of the surrounding ground.
Sec.
60-109 Assessment For Cost
of Work Completed by City.
Assessment against property owners and collection thereof, if necessary, will be made in accordance with the statutes of the State of Kansas.
Sec.
60-110 Tree Requirements
for New Developments/Plats.
Requirements for trees in new developments within the City of Ottawa shall be included in the Zoning Ordinance.
CHAPTER CREATED: (Ord. No. 3429-02, 12-18-02)