(A) Street trees. 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 on the rights-of-way or easements within the city. Boundaries to property lines may be indicated on deeds or plats. Street trees include any trees on city parks, traffic circles or traffic triangles which where the traffic circles or traffic triangles are the property of the city. Boundary disputes shall be submitted to the County Surveyor or the planning and zoning maps will be used for resolution.
(B) Creation and Establishment of a Tree Board. There is hereby created and established a Tree Board for the city, which shall consist of not more than 5, nor less than 3, citizens who are residents of the city, and who shall be appointed by the Mayor with the approval of the City Council.
(C) Term of office. The initial 3 Board members will serve one year and all future Board members will serve for 2 years. In the event that a vacancy shall occur during the term of any member, his or her successor shall be appointed by the Mayor and approved by the City Council for the unexpired portion of the term. The Tree Board can organize committees and sub-committees of non-Board members to implement the Board’s programs.
(D) Compensation. Members of the Board shall serve without compensation.
(E) Duties and responsibilities.
(1) It shall be the responsibility of the Board to study, investigate, counsel, develop and/or update annually, and administer the written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs along streets, and in other public areas. The plan will be presented to the City Council when a plan is established or any changes are made to the plan, and upon their acceptance and approval by the City Council, shall constitute the official comprehensive tree plan for the city.
(2) The Board, when requested by the City Council, shall consider, investigate, make findings, report and recommend upon any special matter or question coming within the scope of its work.
(F) Operation. The Board shall choose its own officers, make its own rules and regulation. A majority of the members shall be a quorum for the transaction of business. All members will be notified at least 24hours before a Tree Board meeting is to occur.
(G) Street tree species to be planted. The Tree Board may formulate an official street tree list of species and sub-species for Pewee Valley, Kentucky. The list of allowable species shall be broken down into categories of small, medium and large trees. No species other than those included in this list may be planted as street trees without written permission of the city’s Tree Board.
(H) Distance from curb and sidewalk. The distance trees and bushes may shall be planted from curbs or curblines, any sidewalks and rights-of-way will be in accordance with the 3 species size classes listed in division (G) above and no trees may be planted close to any curb, medium trees, 3 feet, and large trees, 4 feet.
(I) Public tree care. The city shall have the right to plant, prune, maintain and remove trees, plants, and shrubs within the right-of-way or easement lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of the public grounds. The Tree Board may remove or cause or order to be removed, any tree or part thereof, in the city’s right-of-way or other public property, which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines or other public improvements, or is affected with any injurious fungus, insect or other pest. This section does not prohibit the planting of street trees by a property owners adjacent to the public property, providing that the selection and location of the trees is in accordance with divisions (G) through (K) below.
(J) Tree topping. It shall be unlawful as a normal practice for any person, firm, or entity to top any street tree, or other tree on public property. Topping is defined as the severe cutting back of limbs to stubs larger than 3 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 or around utility wires or other obstructions where other pruning practices are impractical may be exempt from this section at the term nation determination of the Tree Board.
(K) 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 that there shall be a clear space of 8 to 12 feet above the surface of the street or sidewalk. However, the Tree Board will be contacted in order for the pruning plan to be reviewed before any pruning action is taken. 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 require the property owner upon 10 days written notice to prune any tree or shrub on private property when the tree or shrub interferes with the visibility of any traffic control device or sign or intersection. Removal shall be done by the owners at their own expense within 10 days after the date of service of notice. In the event of failure of owners to comply with the provisions, the city shall have the authority to do such trimming or pruning and charge the cost of trimming or pruning and removal on the owner’s property tax bill.
(L) Dead or diseased tree removal on pate public property. After review by the Tree Board, and upon the Board’s recommendation, the city shall have the right to cause the removal of any dead or diseased trees within the city’s right-of-way or easement when such trees constitute a hazard to life and property or harbor insects or disease which constitute a potential threat to other trees within the city. The city will notify in writing the owners of such trees of such intended removal. Removal must comply with these provisions, the city shall have the authority to place a notice.
(M) Removal of trees and branches that impede traffic. Trees and branches which fall across public streets, sidewalks or foot paths that impede traffic shall be cleared by the city from the public way at the city’s expense.
(N) Interference with Tree Board. It shall be unlawful for any person to prevent, delay or interfere with the Tree Board or any of its agents or servants while engaging in and about the planting, cultivating, mulching, pruning, spraying or removing of any street tree as authorized in this section.
(O) Review by City Council. The City Council shall have the right to review the conduct, acts and decisions of the Tree Board. Any person may appeal from any ruling or order of the Tree Board to the Town Council who may hear the matter and make the final decision, provided the approval appeal is filed, in writing, within 5 days of the ruling or order appealed from.
(Prior Code KOC, § 1010.9, passed 3-6-1995) Penalty, see § 95.99