[HISTORY: Adopted by the City Council of the City of Seward
as Ch. 2, Art. 14, §§ 2-1404 through 2-1416, of the
1976 Code. Amendments noted where applicable.]
As used in this article, the following terms shall have the
meanings indicated:
Trees which by their nature attain heights greater than 45
feet at maturity.
Trees which by their nature normally attain heights of from
25 feet to 45 feet at maturity.
Trees, shrubs, bushes and all other woody vegetation in public
parks and all areas owned by the City or to which the public has free
access.
Trees which by their nature do not normally attain heights
greater than 25 feet at maturity.
Trees, shrubs, bushes and all other woody vegetation on land
lying between property lines on either side of all streets, avenues
or ways within the City.
[Amended 2-1-1994 by Ord.
No. 4-94; 11-16-2021 by Ord. No. 2021-28]
A.
The City Tree Board shall establish and maintain a list of tree species
which shall constitute the official street tree species for the municipality
of Seward, Seward County, Nebraska. Said list shall be reviewed on
an annual basis by the City Tree Board, and a copy of the listing
of official street tree species for the City shall be maintained on
file with the City Clerk, and said list shall be made available to
any person upon request.
B.
Prior to the planting of street trees, any person desiring to plant
street trees shall first file an application and site plan with the
Street Superintendent. The application shall be in writing on a form
to be furnished by the Street Superintendent. Each application shall
state the species of tree to be planted, the quantity of each species,
and the location of each tree. Each application shall be reviewed
and approved by the reviewing agencies.
A.
Street trees shall be planted between the back of the curb and the
front of the sidewalk. If the distance between the back of the curb
and front of sidewalk is less than six feet, the street tree shall
be planted between the back of the sidewalk and the edge of the public
right-of-way, provided that the distance between the two is a minimum
of five feet. No street trees or park trees may be planted under or
within 10 lateral feet of any overhead utility wire, or over or within
five lateral feet of any underground water line, sewer line, transmission
line or other utility, line, wire or main. Street trees shall not
be planted within 10 feet of any fire hydrant and 20 feet of any streetlight.
B.
Exceptions to the street tree requirement may be granted only if
no site can be found along the entire length of the lot frontage and,
if applicable, also along the entire length of the lot sideage. Exceptions
shall be approved with the unanimous consent of the reviewing agencies.
C.
To qualify for reimbursement through the Community ReLeaf Project,
trees shall be planted no further than 30 feet from the back of the
curb.
A.
The municipality shall have the right, after notifying the property
owner(s) and allowing sufficient time for the owner(s) to eliminate
the problem(s), to plant, prune, maintain or remove street trees or
park trees within the lines of all streets, alleys, avenues, lanes,
squares and public grounds, as may be necessary to ensure public safety
or to preserve or enhance the symmetry and beauty of such public grounds
and after approval by the Tree Board.
B.
The Municipal Tree Board may, after notifying the property owner(s)
and allowing sufficient time for the owner(s) to eliminate the problem(s),
cause or order to be removed any street tree or park tree or part
thereof 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.
C.
The utility companies may remove, at their expense, trees or parts
thereof which are injurious to their utility lines, after negotiating
with the property owner(s).
D.
No person or property owner shall remove any live street tree or
park tree for any reason without written permission of the Municipal
Tree Board; provided, however, that when said utility companies confront
an emergency situation, they will have the authority to trim or remove
the trees or parts thereof at their own discretion and expense.
It shall be unlawful as a normal practice for any person, firm,
or municipal department to top 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 as to remove the normal canopy and
disfigure the tree. Trees severely damaged by storms or other causes,
or certain trees under utility wires or other obstructions where other
pruning practices are impractical, may be exempted from this article
at the determination of the Municipal Tree Board.
A.
All trees and shrubs within the municipality shall be pruned or removed
when such trees or shrubs obstruct the light from any street lamp,
obstruct the visibility of any traffic control device or sign, obstruct
the passage of pedestrians on sidewalks, or obstruct the view of any
street or alley intersection. The minimum clearance of any overhanging
portion thereof shall be 14 feet on all arterial and collector streets
and 11 feet on all residential streets and seven feet over sidewalks.
B.
All shrubs and hedges defined as street trees in this article shall
be kept trimmed by the abutting property owner at least one foot back
from all curbs, sidewalks, driveways or alleys; and the same shall
at all times be kept trimmed to a height not greater than 30 inches
above the top of the curb unless the Municipal Tree Board, for other
than corner lots, determines that a greater height would not constitute
a hazard to pedestrian or vehicular traffic.
C.
The Municipal Tree Board shall notify, in writing, the owners of
such trees or shrubs on private property. Pruning shall be done by
said owners at their own expense within 60 days after the date of
notification. In the event of failure of owners to comply with said
notice, the municipality shall have the authority to prune said trees
or shrubs and assess the cost of said pruning to the property owner.
If the owner fails to reimburse the municipality after being properly
billed, the cost may be assessed against the real estate and the governing
body shall have the assessment certified to the County Treasurer and
the same shall be collected in the manner as provided by law.
A.
All trees and shrubs within the municipality shall be pruned or removed
when such trees or shrubs constitute a hazard to life and property,
or harbor insects or disease which constitutes a threat to other trees
or shrubs within the City.
B.
The Municipal Tree Board shall have the power and authority to prune
or remove, or order to prune or remove, any such trees or shrubs on
private property. The Municipal Tree Board shall notify, in writing,
the owners of such trees or shrubs. Pruning or removal shall be done
by said owners at their own expense within 60 days after the date
of notification. In the event of failure of owners to comply with
said notice, the municipality shall have the authority to prune or
remove said trees or shrubs and assess the cost of said pruning to
the property owner. If the owner fails to reimburse the municipality
after being properly billed, the cost may be assessed against the
real estate and the governing body shall have the assessment certified
to the County Treasurer and the same shall be collected in the manner
as provided by law.
[Amended 6-17-1986 by Ord. No. 8-86]
Written permission shall not be required for any tree, shrub or hedge planting, pruning, spraying or removal ordered or done by the City; however, all such work shall be done in conformance with the requirements of § 364-1.2 through and including § 364-1.7 of this article and the following regulations and provisions.
A.
General
provisions.
(1)
The City of Seward Electric Department is responsible for maintaining
adequate clearance from trees and branches approaching overhead primary,
secondary and service electrical lines. The City Street Department
is similarly responsible for ensuring that the City's streets, alleys
and walkways are clear of any trees, branches or shrubs which could
obstruct the path or sight distance of the motorist and/or pedestrian.
(2)
The
City of Seward is also cognizant of the fact that trees serve an important
aesthetic and energy-saving purpose for the residents of the City.
It is therefore necessary to establish clear and specific rules regulating
how the trimming and/or removal of trees and shrubs is to be implemented
when necessary.
B.
Notices to residents.
(1)
When it is determined that a tree or shrub requires trimming
or removal, the City shall deliver or mail by means of certified mail,
return receipt requested, to the owner or tenant of the abutting or
affected property a notice advising him/her of the problem, the approximate
location, and the suggested remedy. In addition, the notice shall
advise the owner/tenant that he/she has 10 days in which to contact
the City if questions or objections concerning the action exist; and
that if no contact is made with City personnel during this time, the
City will proceed with the project as described in the notice.
(2)
The notice, as described above, shall apply to all cases, except
when an emergency exists or when it is necessary to remove a tree
or branches in order to restore electrical service or to open up a
street blocked by a tree or branch.
C.
Removal of trees or shrubs. Trees shall be taken out only if the
following conditions exist:
D.
Trimming of trees or shrubs. If, in the opinion of City personnel,
it is necessary and feasible to trim a tree or shrub, trimming shall
be completed in the following manner:
(1)
Tree branches affecting overhead power lines shall be trimmed
back from the power line a minimum of 48 inches.
(2)
Tree branches nearer to a street or sidewalk than the standards set forth in § 364-1.6 of this article shall be trimmed back to a point which meets these standards.
(3)
Wherever feasible, branches shall not be stubbed in the middle
of a branch; rather, the branch shall be trimmed at that point where
it joins with a greater sized branch of the tree.
E.
Removal of branches. Trees, branches and shrubs taken down by the
City shall be removed from the property as soon as is practical after
they have been felled. In no case shall the timber be left on the
property longer than five working days after the trimming took place.
F.
Appeal of conflicts between City personnel and property owner or
tenant. If a property owner and/or tenant objects to the action proposed
by City personnel and efforts to mutually resolve the objection between
the parties involved fail, the City's Tree Board shall serve as a
hearing board to resolve the dispute. Appeal to the Tree Board shall
be made in writing to the City Clerk/Treasurer's office. When an appeal
is filed, City personnel shall take no further action to trim or remove
the tree or shrub until the Tree Board has acted on the appeal. The
Tree Board shall hear all appeals of this nature within 30 days after
the appeal has been filed with the City Clerk/Treasurer.
G.
Applicability of tree policy for trees located on private property
and on public property. The above policies shall be applicable to
trees and shrubs located on private property, as well as those located
on public property, rights-of-way and easements.
H.
Removal of stumps. If a tree must be removed, the City will be responsible
for removing the stump. Stumps are generally removed once a year,
usually in October or November of the year. All stumps from trees
removed from the City shall be removed within one year of tree removal.
Unless specifically authorized by the Municipal Tree Board,
no person shall intentionally damage, cut, carve, transplant or remove
any street tree or park tree; attach any rope, wire, nails, advertising
posters or other contrivance to such trees; allow any gaseous, liquid,
or solid substance which is harmful to such trees to come in contact
with them; or set fire or permit any fire to burn when such fire or
the heat thereof will injure any portion of such trees. The preceding
restrictions do not apply to proper planting, staking and guying practices.
A.
All street trees or park trees near any excavation or construction
of any building, structure or street work shall be guarded with a
substantial fence, frame or box not less than four feet high and eight
feet square, and all construction materials, soil or other debris
shall be kept outside the barrier. This shall be the responsibility
of the persons or firms doing the construction work.
B.
No person shall excavate any ditches, tunnels, trenches or lay any
drive within 10 feet of any street tree or park tree without first
obtaining written permission from the Municipal Tree Board.
C.
No person shall deposit, place, store or maintain upon any public
property of the municipality any stone, brick, sand, soil, concrete
or other material which may impede the free passage of water, air
and fertilizer to the roots of any street tree or park tree, except
by written permission of the Municipal Tree Board.
All stumps of street trees and park trees shall be removed below
the surface of the ground so that the top of the stump shall not project
above the surface of the ground.
The City Council of the municipality shall have the right to
review the conduct, acts and decisions of the Municipal Tree Board.
Any person may appeal any ruling or order of the Municipal Tree Board
to the governing body, which may hear the matter and make a final
decision.
[Amended 8-7-2007 by Ord.
No. 18-07]
It shall be unlawful for any person or property owner to remove
any street tree or park tree for any reason without written permission
of the Municipal Tree Board. Upon conviction, the penalty for said
offense shall not be less than $100 nor more than $500.
Except as otherwise provided herein, any person who violates
the prohibitions or provisions of this article shall be deemed guilty
of a violation. The penalty for such violation shall be an amount
not to exceed $500 for any one offense, recoverable with costs, and
in default of said payment the offender shall stand committed to the
County Jail until such fine and costs are paid. Each period of 24
hours during or on which a violation occurs or continues shall be
deemed a separate offense.
