Community Forest Resources
ORDINANCE No. G10-05
AN ORDINANCE FOR THE MANAGEMENT OF THE COMMUNITY FOREST RESOURCES FOR THE CITY OF EASTBOROUGH, KANSAS
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF EASTBOROUGH, KANSAS:
SECTION 1. Definitions.
Street trees: “Street trees” are defined as trees, shrubs, bushes and all other woody vegetation lying on land with right of way designation within the city limits.
Park trees: “Park trees” are defined as trees, shrubs, bushes and all other woody vegetation in public parks and all areas owned by the City.
SECTION 2. Street Tree Species to be Planted.
The City of Eastborough, Kansas, shall maintain a list of recommended trees for planting in public areas. This list shall be available to residents of the City upon request to aid in the selection of trees for private properties. The list of recommended trees shall be updated periodically to reflect new developments or species.
SECTION 3. Distances and Clearing for Planting.
Street trees shall be planted no closer than three feet from a street.
No street tree shall be planted closer than 35 feet from any street corner, measured from the point of the nearest intersection of curbs or curblines.
No street tree shall be planted closer than ten feet from ay fireplug.
Permission must be obtained from the City when planting street trees within ten feet of any point on a line on the ground immediately below any overhead utility wire, or within five lateral feet of any underground water line, sewer line, transmission line or other utility. Existing trees do not come within the purview of this ordinance.
SECTION 4. Public Tree Care.
The City shall have the right to plant, prune, maintain and remove trees, plants and shrubs within rights of way of all streets, as may be necessary to insure the public safety or to preserve or enhance the beauty of such public grounds.
SECTION 5. Clearance Over Streets.
Clearance over streets shall be the responsibility of the abutting property owner. A clearance of 12 feet must be maintained over streets. Property owners are responsible for trees on their own property as well as trees on rights of way that abut their property.
SECTION 6. Dead or Diseased Tree Removal.
Property owners within the City of Eastborough, Kansas, shall remove or cause to be removed any dead or diseased tree, below ground level. Diseased trees are defined as those trees that may constitute a hazard to life and property, or harbor insects or disease which represents a threat to other trees within the City.
SECTION 7. Penalty.
The failure of the owner to remove a tree or trees within 30 days of receiving a citation for violation of Section 6 above, or within 30 days of a final determination if said citation is contested, shall be punishable by a penalty of $50 for each day said owner fails to remove said tree or trees.
SECTION 8. Access.
It shall be unlawful for an 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 ordinance.
Passed and adopted this 28th day of September, 2010.
Thomas F. Rosenberg, Mayor
Assistant City Clerk