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As used in this chapter, the following words and terms shall have the meanings ascribed to them in this section:
PARK TREES: 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.
STREET TREES: Trees, shrubs, bushes, and all other woody vegetation on public rights-of-way lying between property lines on either side of all parkways, streets, avenues, or alleys within the City. (Ord. 12-01, 8-20-2012)
There is henceforth created an Urban Forestry Board whose members shall be appointed by the Mayor and approved by the City Council for the City of Cut Bank. This board shall be an advisory board which must set its meetings and adopt agendas pursuant to State of Montana law on public meetings.
A. Comprehensive Plan: It shall be the responsibility of the Urban Forestry Board to study, investigate, counsel, develop and administer 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 reviewed annually by the Urban Forestry Board and upon approval shall constitute the official Comprehensive City Tree Plan.
B. Tree Inventory: The Urban Forestry Board shall promote and supervise the establishment of a tree inventory for street and park trees. The inventory shall be updated with the results of ground inspections every three (3) years. (Ord. 12-01, 8-20-2012)
Permission is hereby given to owners of real estate in the City to improve their premises by planting trees and properly cultivating, protecting and caring for the same in the boulevards or parkways adjoining their property, provided said trees, or the cultivation or protection thereof, shall, in no case, interfere with the full use of said streets for public purposes; and provided further, that no person, association or corporation shall plant or trim any tree within the limits of any parkway, street, avenue, or alley in the City without having first obtained a written permit to do so from the Urban Forestry Board. (Ord. 12-01, 8-20-2012)
A. Application For Permit: It shall be the duty of any property owner to make request, in writing, to the Urban Forestry Board, stating the variety and precise location of each tree to be planted and requesting permission therefor; and the board shall grant such permission if, after personal investigation, it considers the location such that it will allow the normal growth and development of each tree.
B. Permit Conditions: The permit shall specify the location, variety and grade of each tree, the method of planting, including supplying of suitable soil, and no permit shall be granted unless the provisions of this section be complied with.
C. No Charges Imposed: No charge shall be made for the investigation or the permit, and no trees shall be planted except in accordance with its terms. (Ord. 12-01, 8-20-2012)
The Urban Forestry Board develops and maintains a list of desirable trees for planting along streets in three (3) size classes based on mature height: small (under 20 feet), medium (20 feet to 40 feet) and large (over 40 feet). Efforts shall be made to ensure a sufficient diversity of tree species. (Ord. 12-01, 8-20-2012)
No tree shall be planted measuring less than one inch (1") in diameter of trunk, one foot (1') above the ground, and the lowest branch of all trees shall not be less than fourteen feet (14') above the ground where the same extends over sidewalks, streets, driveways, alleys or any place where traffic passes under such tree or branch. See section 11-5-6, "Fences And Screening", of this Code for more height and setback restrictions. (Ord. 12-01, 8-20-2012)
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