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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BOULEVARD. City property between street, curb, sidewalk and island areas within city streets and cul-de-sacs.
COMMUNITY ARBORIST. A person designated by the Parks Department with input of the Tree Board.
PARK TREES. Trees, shrubs, bushes and all other woody vegetation in public parks.
PRIVATE COMMUNITY FOREST. All trees within city boundaries but not owned by the city.
PUBLIC COMMUNITY FOREST. All street and park trees and other trees owned by the city as a total resource.
PARKS DEPARTMENT. The official (public employee) city representative and, as such, is responsible for the administration of the community forestry program.
STREET TREES. Trees, shrubs, bushes and all other woody vegetation on land lying between the private property lines on either side of all streets and avenues, as well as island areas within city streets or cul-de-sacs within the city.
(Prior Code, § 96.01) (Ord. 99-03, passed 2-1-1999; Ord. 01-25, passed 4-2-2001)
(A) The city shall maintain an extensive list of desirable shade or overstory trees, desirable ornamental or understory trees and desirable evergreen trees for planting in public areas. Each list will provide four recommended classes of trees, with Class I being the most desirable and Class IV the least desirable. The purpose of this listing will be to maintain diversity in the total tree population. The lists shall be available to residents of the city upon request to aid in the selection of trees for private and public properties. The list of recommended and desirable trees shall be updated periodically to reflect new developments or species that will affect the population of the community forest. This list shall be set by resolution.
(B) Subsequent to the enactment of this chapter, it shall be unlawful for any person to plant on city right-of-way any Cottonwood (except seedless), Pin Oak, Silver Maple, Siberian Elm, Black Locust, Hawthorn or White Poplar. Tree inventories show an overabundance of these tree species. Silver Maple and Siberian Elm are weak wooded and subject to wind and ice damage. Siberian Elm attract elm leaf beetles. Pin Oak is not adapted to the city’s soil type and tends to be chlorotic and weak. Black Locust propagates suckers and is thorny. Seeded Cottonwood are a nuisance because of the litter. White Poplar attract bores and become weak and are short lived. Due to the reasons stated above, it is suggested that these trees not be planted on private property. An exemption can be made for Quail Run and Van Berg Golf Courses and some areas of the entire park system as determined by the Park Superintendent.
(C) Trees existing on public or private property prior to enactment of this chapter shall not be subject to removal under the provisions of this section.
(Prior Code, § 96.02) (Ord. 99-03, passed 2-1-1999; Ord. 01-25, passed 4-2-2001) Penalty, see § 10.99
(A) Street trees may be planted in the boulevard where there is eight feet or more between the edge of the sidewalk and the curb or the street. Street trees shall be planted no closer than four feet from a sidewalk, driveway or street. It is suggested that private trees not be planted any closer than four feet from a private drive or sidewalk. As the tree grows, its roots may push up the sidewalk or drive.
(B) No street tree shall be planted closer than 30 feet from any street corner, measured from the point of the nearest intersection of curbs or curb lines.
(C) No street tree shall be planted closer than 25 feet from another street tree.
(D) No street tree shall be planted closer than ten feet from any fire hydrant.
(E) Special permission must be obtained from the holder of the easement when planting street trees within ten feet of any point on a line on the ground immediately below any overhead utility wire or above any underground cable.
(Prior Code, § 96.03) (Ord. 99-03, passed 2-1-1999; Ord. 01-25, passed 4-2-2001) Penalty, see § 10.99
(A) 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, lanes, squares and public grounds as may be necessary to ensure the public safety.
(B) The city may remove, or cause or order to be removed, any tree on public property, 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.
(C) The adjoining property owners shall have the right to perform normal tree care on all street trees.
(D) Infected or diseased trees, or parts thereof, in a dead or dying condition on public lands shall be removed as warranted by the State Forester or the Forester’s designee and disposed of by the Public Works Department within a reasonable amount of time of the discovery that the conditions exist. The cost thereof shall be borne by the city without being assessed to the adjoining property owner.
(Prior Code, § 96.04) (Ord. 99-03, passed 2-1-1999; Ord. 01-25, passed 4-2-2001)
(A) No person shall plant or remove a street tree without first obtaining a permit from the Public Works Department and paying the required fee. The owner of the property shall be responsible to obtain the necessary permit required for each occurrence at a specific property. Permits shall be valid for six months from the date of issuance. In case of a house moving, the tree service shall be responsible to obtain a permit to prune street trees along the route on which the house is to be moved. Tree trimming or pruning must be done in accordance with Nebraska Guide #G91-1035.
(B) For the purpose of house moving, the tree service must trim or prune just ahead as the building is being moved. If the work is not satisfactory in the opinion of the city, the city may make necessary corrections and assess the cost to the tree service. The tree service may then also be suspended from doing work on street trees for any given length of time. The tree service shall also be responsible for obtaining permission from the property owner if a tree on private property needs to be pruned because of the moving.
(C) Tree services are responsible to check with and verify that the owner has the required permits for planting or removal of street trees, whichever may be the case before work begins. Fees required for any permits will be set by resolution.
(Prior Code, § 96.05) (Ord. 99-03, passed 2-1-1999; Ord. 01-25, passed 4-2-2001) Penalty, see § 10.99
No person shall remove any street tree without replacing the tree with a tree or trees listed as Class I or II in the vicinity of the removed tree, which may include private property, or in another location in the city if no suitable location exists in the vicinity. Replacement tree size must be of one and one-half inch caliper or greater and must be replaced in the following time frame. If a tree is removed after November 15, it must be replaced by May 15 of the following year. If the tree is removed after May 15, it must be replaced by November 15 of the same year. Waivers for tree size or species are obtainable from the Public Works Department. If a person does not wish to plant back or in another location, he or she shall make compensatory payment to the city. The compensatory payments shall be paid to the City Clerk’s office and used solely for the purpose of enhancing the community forest. The compensatory payment amount shall be set by resolution. A tree can be planted in a private yard if planting on the city right-of-way or making a compensatory payment is not desired.
(Prior Code, § 96.06) (Ord. 99-03, passed 2-1-1999; Ord. 01-25, passed 4-2-2001) Penalty, see § 10.99
It shall be unlawful as a normal practice for any person or city department to top any street, park 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, 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 Public Works Department.
(Prior Code, § 96.07) (Ord. 99-03, passed 2-1-1999; Ord. 01-25, passed 4-2-2001) Penalty, see § 10.99
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