Forestation Board Meeting
Prospect Forestation Board Meeting Minutes
February 3, 2:00 pm
Present: Lee Tucci, Connie Kuhn, Linda Knox, Sylvia Quaye, Herb Shulhafer, Andrea Hanlon, Mayor Farnsley, John Carter, Chris Gorman, Don Gibson, Linda Wardell, Todd Eberle
The purpose of this special meeting was to address potential changes, additions and clarifications to Prospect’s Ordinance Chapter 97: Trees and Forestation.
Prospect, KY Code of Ordinances
CHAPTER 97: TREES AND FORESTATION
Section
97.01 Definitions
97.02 Creation of Forestation Board
97.03 Term of office of Forestation Board
97.04 Compensation
97.05 Duties and responsibilities of the Forestation Board/City Tree Plan
97.06 Operation of Forestation Board
97.07 Native and non-native tree species permitted or prohibited
97.08 Spacing of street trees
97.09 Distance from curb and sidewalk
97.10 Planting distance from street corners and hydrants
97.11 Planting distance from utilities
97.12 Public tree care
97.13 Remedial action by property owner regarding dead, diseased or infected trees
97.14 Topping, disfiguring and damaging of trees
97.15 Pruning, corner clearance, street lamp and traffic control obstruction
97.16 Removal or damage to public trees
97.17 Nominations for designation of protected or historic trees
97.18 Pruning, removal or excavation relating to protected or historic trees
97.19 Interference with Forestation Board
97.20 Arborist permit, bond, insurance and agreed standards
97.21 Review by City Council
97.99 Penalty
§ 97.01 DEFINITIONS.
For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ARBORIST. An individual engaged in the profession of arboriculture who, through experience, education and related training, possesses the competence to provide for or supervise the management of trees and other woody plants.
CITY. The City of Prospect, Kentucky.
HISTORIC TREES. Any public tree found by the arborist for the city or by resolution of the Prospect Forestation Board of the city to be of notable historic interest because of its age, type or size; or a tree which traces its ancestry through seed or propagation to an historic event or notable personage including trees descendant from a tree found at an historic location and trees descendant from a tree planted by a prominent individual.
PARK TREES. Trees located within the city's established parks, open areas, landscaped areas, open lawn areas, confined spaces around buildings, recreational facilities, plazas, parking lots, buffers, and ecreational areas of the city.
PROTECTED TREES. Any public tree within the corporate limits of the City of Prospect with a circumference of 42 inches or more, measured at four feet above natural grade, and which is deemed by the arborist for the city or by resolution of the Prospect Forestation Board to have significant or historical interest to the city.
PUBLIC SHRUBS OR BUSHES. Any low, multiple-stemmed, woody vegetation located within the public right-of-way, within the city’s established parks, open areas, landscaped areas, open lawn areas, plazas, parking lots, buffers, and recreational areas of the city.
PUBLIC TREES. Collectively include "street trees", "park trees" and "trees on other public properties" as further defined in this chapter.
STREET TREES. Trees located within the public street right-of-way of the city.
TREES ON OTHER PUBLIC PROPERTIES. Trees within greenways, along trails, in riparian zones and drainage areas, in buffers, or in utility easements within the city. This type of forestation is commonly identified with densely wooded areas or flood plains adjacent to streams and creek banks.
TRENCH OR TRENCHING. A linear cut in the ground exceeding 12 feet in length and of such depth as to significantly affect the tree roots of a public tree in the area of the trench. A trench or trenching on private land falls within the definition of regulated trenching in situations where such trenching affects roots of trees on public land. (Ord. 484-2007, passed 12-10-07)
§ 97.02 CREATION OF FORESTATION BOARD.
There is hereby created and established a Forestation Board for the City of Prospect, Kentucky, which shall consist of five seven members, citizens, and residents of the city, who shall be appointed by the Mayor with the approval of the City Council. The Forestation Board shall exist as a distinct administrative board with independent authority. (Ord. 484-2007, passed 12-10-07)
§ 97.03 TERM OF OFFICE OF FORESTATION BOARD.
The term of office for the five seven persons appointed by the Mayor to the Forestation Board shall be three years, except that the term of two three of the members appointed initially shall be for one year, and the term of two four members of the first Board shall be for two years. In the event that a vacancy shall occur during the term of any member, his or her successor shall be appointed for the unexpired portion of the term. (Ord. 484-2007, passed 12-10-07)
§ 97.04 COMPENSATION.
The members of the Forestation Board of the City of Prospect shall serve without compensation. (Ord. 484-2007, passed 12-10-07)
§ 97.05 DUTIES AND RESPONSIBILITIES OF THE FORESTATION BOARD/CITY TREE PLAN.
It shall be the responsibility of the Forestation Board to study, investigate, counsel, develop and administer a written City Tree Plan for the care, preservation, pruning, planting, replanting, removal, or disposition of trees and shrubs along streets, in parks and in other public areas. Said plan shall be updated annually and delivered to the Mayor and City Council no later than the last Friday in April of each year, that date coinciding with National Arbor Day observance. Upon acceptance and approval of the plan by the City Council, it shall constitute the official comprehensive tree plan for the City of Prospect, Kentucky. The Board, when requested by the City Council, shall consider, investigate, and make recommendations upon any special matter or question coming within the scope of its work. (Ord. 484-2007, passed 12-10-07)
§ 97.06 OPERATION OF THE FORESTATION BOARD.
The Forestation Board shall select its own officers, and keep a written record of its findings and written reports of its meetings. A majority of the members shall constitute a quorum for the transaction of business. (Ord. 484-2007, passed 12-10-07)
§ 97.07 NATIVE AND NON-NATIVE TREE SPECIES PERMITTED OR PROHIBITED.
The Forestation Board shall formulate an official Native and Non-Native Tree Species Listing for the City of Prospect in consultation with a professional arborist or professional forester retained by the city and/or the Kentucky Division of Forestry. The list shall be approved by the Mayor and City Council. The list shall specifically address both allowed and non-allowed species and shall be broken down into categories of small, medium, and large trees as well as native and non-native categories. No species other than those included in this list may be planted as street trees, park trees or trees on other public properties without written permission of the Forestation Board. The initial listing of allowed and non-allowed trees shall be published by resolution of the Forestation Board no later than 60 days after the adoption of this section. Thereafter, said The official listing shall be included in the Annual Report of the Forestation Board to the Mayor and City Council when modified or updated, and submitted no later than the last Friday in April of each year. The listing of allowed and non-allowed trees shall be kept on file with the city, shall be reviewed and updated at least annually, but may be updated with approval of the Mayor at such times as circumstances require. (Ord. 484-2007, passed 12-10-07)
§ 97.08 SPACING OF STREET TREES.
The spacing of street trees will be in accordance with the three size classifications as set out by the Forestation Board in its most recently updated official listing, and unless specifically approved in writing by the Forestation Board, no newly planted trees may be planted closer together than the following distances: small trees, 30 feet; medium trees, 40 feet; and large trees, 50 feet. When planting new street trees near existing mature trees, a minimum distance must separate the trees based upon one-third of the new tree's mature spread. (Ord. 484-2007, passed 12-10-07)
§ 97.09 DISTANCE FROM CURB AND SIDEWALK.
The distance which trees may be planted from curbs or curb lines and sidewalks will be in accordance with the classifications of trees as set out by the Forestation Board in its most recently updated official listing, and no newly planted trees may be planted closer to any curb or sidewalk than the following distances: small trees, two feet; medium trees, three feet; and large trees, four feet. (Ord. 484-2007, passed 12-10-07)
§ 97.10 PLANTING DISTANCE FROM STREET CORNERS AND HYDRANTS.
No street tree or park tree shall be planted closer than 20 feet to any street corner, measured from the point of the nearest intersection's curbs and curb lines. No tree shall be planted closer than ten feet from any fire hydrant or utility pole. No shrubs or bushes located in the public right-of-way shall be planted closer than 20 feet from any street corner or intersection if said plant or bush obstructs visual site lines of any vehicle operator or creates any other health or safety hazard. (Ord. 484-2007, passed 12-10-07)
§ 97.11 PLANTING DISTANCE FROM UTILITIES.
No tree, whether on public or private property within the city, other than those classified as "small trees" as set out by the Forestation Board in its most recently updated official Tree Listing, may be planted under or within ten lateral feet of any overhead utilities wire. (Ord. 484-2007, passed 12-10-07)
§ 97.12 PUBLIC TREE CARE.
The city shall have the right to plant, prune, maintain; and to remove public trees, stumps, plants, or shrubs within the lines of all streets, alleys, lanes, and other public grounds as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds. The city, in consultation with the Forestation Board, and a professional arborist or professional forester retained by the city if deemed appropriate, may remove or cause or order to be removed or remediated any public tree or any portion thereof which is in an unsafe condition or which by reason of its nature is injurious due to fungus, insects, or other pests. All contractual work or labor conducted on behalf of the city in planting, pruning, maintaining or removing public trees or stumps shall be done in accordance with current American National Standards for Arboricultural Operations Safety Requirements
(ANSI Z133.1) and current American National Standards for Tree Care
Operations – Tree, Shrub, and Other Woody Plant Maintenance (ANSI A300).
The Mayor or City Administrator shall notify the Forestation Board whenever it is necessary for said Board to make determinations to effectuate the provisions of this chapter.
(Ord. 484-2007, passed 12-10-07)
*ADD NEW COPY TO ADDRESS THAT UTILITIES TRIMMING PUBLIC TREES SHOULD NOTIFY CITY & FORESTATION PRIOR TO WORK BEING DONE.
ANDREA MAY HAVE SOME SUGGESTIONS ON UTILITY COPY FOR CHRIS.
§ 97.13 REMEDIAL ACTION BY PROPERTY OWNER REGARDING DEAD, DISEASED OR INFECTED TREES.
The city, upon written confirmation from the Forestation Board, in consultation with a professional arborist or professional forester retained by the city if deemed appropriate shall declare that a tree or any portion of a tree located on private property within the city when that tree presents an unsafe condition constituting a hazard to life or property, or presents a threat or potential threat of the spread of disease to other trees within the city due to injurious fungus, insects, or other pests, the city shall notify the owner of required remediation. Within 14 days of receipt of said notice, owners shall provide written confirmation of intent to remediate and schedule for such remediation. If the owners of said trees decline for any reason to remove or remediate trees as required under this section, the city may provide written notice, via regular mail or posting on the property, advising the owners to conduct removal or remediation. If removal or remediation is not conducted within 45 calendar days, the city may provide further written notice, via regular mail or posting on the property, advising the owner of the city's intent to remove or remediate said trees and assess the costs to the owner, for which a lien may attach, if payment is not received by the city within 30 days after the notice of cost assessed to owners. The owners shall have ten days from the receipt or posting of said notice to file a written appeal of the proposed removal or remediation to the Forestation Board. Any appeals must be supported with information from a profession arborist or qualified forester. The Forestation Board shall have 30 days to issue a written ruling on such appeal. (Ord. 484-2007, passed 12-10-07)
*COPY RESEQUENCED AND MODIFIED BASED ON GROUP DISCUSSION.
*ASSESSMENT COPY FROM 97.15
§ 97.14 TOPPING, DISFIGURING AND DAMAGING OF TREES.
It shall be unlawful for any person, firm, or city department to top or significantly disfigure any street tree, park tree, or other tree on public property. Topping is defined as the severe cutting back of limbs to stubs larger than three 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 utility wires and other obstructions where alternative pruning practices are impractical may be exempt from this chapter by written decision of the Forestation Board. No person shall, with respect to any street tree, park tree or other tree on public property, intentionally damage, cut, carve, attach any rope, wire, nails, advertising posters, or other contrivance to said trees; allow any gaseous, liquid, chemical, or solid substance which is harmful to trees to come in contact with said trees or the base of said trees; or set fire or permit fire to burn when such fire or heat from fire will injure any portion of said trees. (Ord. 484-2007, passed 12-10-07)
§ 97.15 PRUNING, CORNER CLEARANCE, STREET LAMP AND TRAFFIC CONTROL
OBSTRUCTION.
The owner of any tree overhanging a street or right-of-way within the city shall prune the branches so that such branches do not obstruct the light from any street lamp, impede the flow of pedestrian or vehicular traffic, or obstruct the view of any street intersection. In such intersection situations there shall be a clear space of eight feet thirteen feet above the surface of the street or seven feet above the sidewalk. Owners shall remove all dead, diseased, or dangerous trees or broken or decayed limbs which may constitute a threat to public safety when they interfere with the proper spread of light along the street from a street light or interfere with visibility of any traffic control device or sign. If said owners fail to prune trees as required under this section, the city may provide written notice, via regular mail or via a posting on the property, advising the owners to conduct appropriate pruning. If the pruning is not conducted within 25 calendar days after receipt of notice, the city may conduct the pruning and assess the costs to the owners, for which a lien may attach, if payment is not received by the city within 30 days after notice of the costs assessed to the owners. (Ord. 484-2007, passed 12-10-07)
*TREE TRIMMING HEIGHTS CHANGED TO MATCH NUISANCE ORDINANCE
§ 97.16 REMOVAL OR DAMAGE TO PUBLIC TREES.
No person or business shall damage any public tree in the city including any shade or ornamental tree along sidewalks or other public ways of the city, or remove any public tree in the city including any shade or ornamental tree along sidewalks or other public ways of the city without first obtaining written permission from the Forestation Board, in consultation with a professional arborist or professional forester if deemed appropriate. No person shall excavate any ditches, tunnels, trenches or create a new driveway within a radius of 15 feet from any public tree, without first obtaining written permission from the Forestation Board. (Ord. 484-2007, passed 12-10-07)
§ 97.17 NOMINATIONS FOR DESIGNATION OF PROTECTED OR HISTORIC TREES.
Any owner of lands within the City of Prospect, including the city itself, may nominate a tree on their land to be designated as a "protected tree" or "historic tree" as defined in this chapter. Nominations for such designations shall be submitted to the Forestation Board in writing and be accompanied by documentation supporting the designation. The Forestation Board may conduct hearings on protected or historic tree nominations. The Forestation Board shall make their determination regarding designation within 90 days from receipt of the written nomination or within 45 days after a final hearing regarding designation, whichever date occurs later. The designation of a tree as a "protected tree" or "historic tree" shall attach to and run with the land as a binding designation for subsequent owners. However, nothing shall prevent a landowner later in time from the owner who originally obtained "protected' or "historic" designation, from petitioning the Forestation Board to remove such designation for good cause shown. A record of all trees within the city designated as "protected" or "historic" shall be kept on file at the Prospect City Hall and an updated listing of all such trees shall be included in the annually updated City Tree Plan. The Forestation Board, in its discretion, may require as a condition of determining a tree or trees to be "protected" or "historic," that the landowner requesting such designation agree to the city recording a document signed by said landowner requesting that the designated tree or trees be included in a written covenant running with title to the land. (Ord. 484-2007, passed 12-10-07)
§ 97.18 PRUNING, REMOVAL OR EXCAVATION RELATING TO PROTECTED OR
HISTORIC TREES.
No person or business shall remove or prune a "protected" or "historic" tree designated as such by the Forestation Board without first obtaining written permission from the Forestation Board, in consultation with a professional arborist or professional forester if deemed appropriate. No person or business shall excavate any ditches, tunnels, trenches or lay any driveway within a radius of 20 feet from any "protected" or "historic" tree, without first obtaining written permission from the Forestation Board, in consultation with a professional arborist or professional forester if deemed appropriate. (Ord. 484-2007, passed 12-10-07)
§ 97.19 INTERFERENCE WITH FORESTATION BOARD.
No person or business shall prevent, delay, or interfere with the Forestation Board or any of its agents or servants while engaging in the evaluation of trees, in the planting, cultivating, mulching, pruning, spraying, removing or otherwise caring for trees as authorized under this chapter. (Ord. 484-2007, passed 12-10-07)
§ 97.20 ARBORIST PERMIT, BOND, INSURANCE AND AGREED STANDARDS.
It shall be unlawful for any person or company to engage in the business or occupation of pruning, treating, or removing (street or park) trees within the city without first applying for and obtaining a permit. The permit fee shall be $40 annually; however, no permit shall be required of any utility or public service company or city employee doing such work in the pursuit of their public service endeavors. Before any permit shall be issued, each applicant shall first file evidence of possession of liability insurance in the minimum amounts of $1,000,000 for bodily injury and $500,000 for property damage, agreeing to indemnify the city or any person injured or damage resulting from the pursuit of such endeavors as herein described. This coverage shall include premises and/or operations, independent contractors, products and/or completed operations, broad form property damage, explosion/collapse/underground (XCU) coverage, and a contractual liability endorsement. Further, before any permit shall be issued, each applicant shall first file evidence of workers compensation insurance coverage. Finally, before any permit shall be issued, the individual or company shall confirm their agreement to follow current American National Standards for Arboricultural Operations Safety Requirements (ANSI Z133.1) and current American National Standards for Tree Care Operations — Tree, Shrub, and Other Woody Plant Maintenance (ANSI A300). (Ord. 484-2007, passed 12-10-07)
§ 97.21 REVIEW BY CITY COUNCIL.
The City Council shall have the right to review the conduct, acts, and decisions of the Prospect Forestation Board. Any person may appeal any ruling or order of the Forestation Board to the City Council which may in its discretion afford a full hearing of the matter and make a final decision. Requests for reviews of Forestation Board conduct, acts and decisions must be filed in writing with the City Clerk or City Administrator within 20 days of the final action of the Forestation Board. (Ord. 484-2007, passed 12-10-07)
§ 97.99 PENALTY.
Any person or company found to have violated any provision of this chapter shall be subject to a fine not less than $50 nor more than $750 to be determined by the Forestation Board with the option of a fine and/or the requirement to plant a tree. Each tree affected by any violation of this chapter shall be considered as a separate offense and shall carry a separate fine. If as a result of the violation of this chapter, the injury, mutilation or death of a tree, shrub, or other plant located on private or city owned property is caused, the cost of repair or replacement, or the appraised dollar value of such tree, shrub, or other plant, shall be borne by the party in violation. The value of trees and shrubs shall be determined in accordance with applicable references or resources. set out in the most recently updated City Tree Plan. (Ord. 484-2007, passed 12-10-07)
NEW CLAUSE (OR CHAPTER) TO ASSURE CLARITY OF CITY’S RIGHT AND PROCESS TO RECOVER FINES AND COSTS SHOULD THE CITY DO THE NEEDED REMEDIATION (MENTIONED IN 97.15, ADDED TO THIS VERSION OF 97.13 – DOES THAT COPY STAY?) OR – ELIMINATE REPEATS AND BECOME A ONE TIME STATEMENT IN 97.99 (PENALTIES).
SUGGESTED THAT BUILDERS VIOLATING ORDINANCES NOT BE GRANTED ANY NEW BUILDING PERMITS (ADD WHERE?)
SUGGESTED THAT CHRIS REVIEW ALL TO SEE WHERE INFORMATION COULD BE CONDENSED WITHOUT LOSING DETAIL OF STANDARD.
The next regular meeting will be on February 22 at 2 pm via Webex.
The meeting was adjourned at 3:30.
Respectfully submitted, Linda Knox