05/22/2018 Ordinances 9690�
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An ordinance to amend Chapter 24, Article IV and V of the Grand Island City
Code; to amend Sections 24-11, 24-13, 24-14, 24-15, 24-18, and 24-21; to amend Section 24-16
and renumber as 24-17; to add new Section 24-16; to reserve section numbers and to renumber
sections as required; to repeal any ordinance or parts of ordinances in conflict herewith; and to
provide for publication and the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Chapter 24, Article IV and V of the Grand Island City Code
Sections 24-11, 24-13, 24-14, 24-15, 24-18, and 24-21 are hereby amended; Section 24-16 is
hereby amended and renumbered as 24-17; new Section 24-16 is adopted; and section numbers
reserved and sections renumbered, all as set forth below:
Article IV. Trees in Public Right-of-Way
§24-11. Trees as a Community Concern.
The Mayor and Council, or their designated representative, hereby determine that the
selection, planting, maintenance, and removal of trees within the public right-of-ways in the City
of Grand Island substantially affects the degree of pedestrian and vehicular safety, the location
and maintenance of utility services, tree maintenance costs, the incidence of tree diseases, and
the general appearance and beautification of the City; that removal of trees due to disease,
private development, or public works improvements has resulted in a loss of their important
contribution to people and environment, and therefore it is determined that such selection,
planting, maintenance and removal of trees in public right of ways are a community concern over
which the City must exercise control.
Approved as to Form tt
May 21, 2018 � i ttomey
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ORDINANCE NO. 9690 (Cont.)
§24-13. Recommended Trees.
The City Tree Board is empowered to recommend trees to be placed in the public right-
of-way. The following trees are recommended by the City Tree Board for planting within public
right-of-way because of their superior resistance to insects and disease, maximum ability to resist
wind or storm breakage, desirable life spans, and minimal maintenance requirements. The full
spread as indicated shall be used for spacing purposes:
(A) In all zoning districts except in locations where overhead utility lines are present.
Variety
Maple: sugar, black, red, Norway ......................
Hackberry. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...
Honeylocust ..................................
Pear (Ornamental Pear
Varieties) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Oak: red, scarlet, English, bur, pin .....................
Linden: American, European, Littleleaf ...............
Linden: Redmond .........................................
Ginkgo: maidenhair (male variety) .....................
Black Walnut ..............................................
Spread
40 feet
40 feet
40 feet
25 feet
40 feet
40 feet
25 feet
40 feet
40 feet
Ohio Buckeye ............................................. 25 feet
Kentucky Coffee Tree .................................... 30 feet
Catalpa ...................................................... 30 feet
Japanese Pagoda Tree .................................... 40 feet
(B) In business and manufacturing zoning districts, and in other districts in locations where
overhead utility lines are present:
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ORDINANCE NO. 9690 (Cont.)
Variety Spread
Maple: Trident, hedge, amur, tatarian .................. 20 feet
East Redbud ................................................ 20 feet
Hawthorn: lavelle, Washington ......................... 20 feet
Crabapple: fruitless .......................................
Purpleleaf Plum ........................... ... ... ..........
Flowering Cherry .........................................
Ash: European or mountain .............................
Saucer Magnolia ......... .................................
Japanese Tree Lilac .......................................
Amur Cork Tree ...........................................
20 feet
20 feet
20 feet
20 feet
20 feet
20 feet
20 feet
Trees not included on the above recommended lists are prohibited within public right-of-
way.§24-14. Minimum Placement.
The following standards for minimum spacing, location, area requirement and minimum
size of seedlings shall be utilized for the placement of trees within the public right-of-way,
greenways, and city parks:
(1) Recommended trees shall not be planted closer than twenty (20) feet measured from
center to center of each tree.
(2) Recommended trees shall not be placed closer than forty (40) feet from the corner of a
curb at intersections or closer than three (3) feet to the edge of a driveway.
(3) Recommended trees shall not be planted closer than the width of its full spread to a
standard or pole, measured from the center of the tree to the center of the pole.
(4) Recommended trees shall not be planted when at least six (6) feet of space between
curb and sidewalk or other obstruction is not available.
(5) Recommended trees shall generally be planted equidistant between the curb and street
edge of a conventional sidewalk or equidistant between the property line and edge of a curb-type
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ORDINANCE NO. 9690 (Cont.)
sidewalk, unless specifically directed differently on the required permit in order to avoid conflict
with existing or proposed utilities.
(6) Recommended trees shall be planted in an area containing at least nine square feet of
ground for each tree and no impervious material shall be placed nearer than thirty inches to the
center of a tree.
(7) No tree shall be planted closer than ten (10) feet from any fire plug.
§24-15. Unlawful to Top.
It shall be unlawful, as a normal practice, for any person, firm, or municipal department
to top any tree within public right-of-way. Topping is defined as the severe cutting back of limbs
to stubs larger than three (3) 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 section at the determination of the Parks & Recreation
director or his/her appointed representative. Topping of trees within the public right-of-way
shall comply with ANSI A300 pruning standards.
§24-16 Dead and Diseased Trees.
Is shall be a violation for any property owner to permit, allow, or maintain any dead or
diseased trees within the right-of-way of streets within the corporate limits of the city, and said
dead or diseased trees shall constitute an nuisance. Notice to abate and remove such nuisance and
notice of the right to a hearing shall be given to each owner or owner's duly authorized agent and
to the occupant, if any, by personal, residential, publication, certified mail, or first class maiL If
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ORDINANCE NO. 9690 (Cont.)
notice is given by first-class mail, such mail shall be conspicuously marked as to its importance.
Within five days after receipt of such notice, the owner or occupant of the lot or piece of ground
may request a hearing with the city to appeal the decision to abate or remove the nuisance by
filing a written appeal with the office of the city clerk. A hearing on the appeal shall be held
within fourteen days after the filing of the appeal and shall be conducted by the City Parks and
Recreation Director. The hearing officer shall render a decision on the appeal within five
business days after the conclusion of the hearing.
If the appeal fails, the city may have the work done to abate and remove the dead or
diseased trees. If the owner or occupant of the lot or piece of ground does not request a hearing
with the city within five days after receipt of such notice or fails to comply with the order to
abate and remove the nuisance, the city may have such work done. The city may levy and assess
all or any portion of the costs and expenses of the work upon the lot or piece of ground so
benefited as a special assessment.
Diseased trees that are dead or dying shall be removed following disposal methods
recommended by the Nebraska Forestry Service.
Neb. Rev. Stat. 16-207.
§24-17. Injury Prohibited.
It shall be unlawful for any person to intentionally or recklessly cut down, destroy, by
girdling or tapping, or otherwise injure any tree within the public right-of-way unless authorized
to do so by the owner of the abutting property or by an authorized representative of the City.
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ORDINANCE NO. 9690 (Cont.)
§24-18 [Reserved]
§24-19 [Reserved]
§24-20 [Reserved]
§24-21. Penalty.
Failure to comply with any section of this Article shall be unlawful, and shall be
punishable in accordance with § 1-7 of the Grand Island City Code.
Article V. Tree Board
§24-22.Tree Board Established; Membership
There is hereby created and established a Tree Board for the City, which shall
consist of seven (7) members, citizens and residents of the City, who shall be appointed by the
Mayor with the approval of the City Council. The City Parks and Recreation Director and Hall
County Extension Officer shall be ex officio members of the Tree Board.
§24-23. Term of Office of Members of Tree Board
The terms of the seven (7) persons appointed to the City's Tree Board shall be
three (3) years, except that the term of two (2) of the members appointed to the first Board shall
be for only one (1)year and the terms of two (2) members of the first Board shall be for two (2)
years. If a vacancy shall occur during the term of any member, his or her successor shall be
appointed for the unexpired portion of the term.
§24-224. Compensation of Members of Tree Board
Members of the Tree Board shall serve without compensation.
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ORDINANCE NO. 9690 (Cont.)
§24-225. Duties of Tree Board..
The duties and responsibilities of the Tree Board shall be as follows:
(1) To promote and encourage responsible planting, care, replacement, and maintenance of trees
in the City.
(2) To conduct fund raising activities, the proceeds of which shall be designated for the planting
of trees, shrubs, and bushes.
(3) To plan and sponsor activities in celebration of Arbor Day.
(4) To provide educational materials and programs to the public concerning the planting and care
of trees.
(5) To make recommendations to City Department Directors concerning landscape plans for any
new or existing public facilities constructed by the City.
(6) When requested by the City Council, to consider, investigate, make finding, report, and
recommend upon any special matter or question relating to trees.
§24-226. Organization and Meetings of Tree Board
The Tree Board shall choose its own officers, make its own rules and regulations
and keep a journal of its proceedings. A majority of the members shall be a quorum for the
transaction of business.
§24-27 [Reserved]
§24-28 [Reserved]
§24-29 [Reserved]
SECTION 2. Any ordinances or parts of ordinances in conflict herewith be, and
hereby are, repealed.
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ORDINANCE NO. 9690 (Cont.)
SECTION 3. This ordinance shall be in force and take effect from and after its
passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: May 22, 2018.
Attest:
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No a Hern z, City Cle o-Tem
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Jerem Jens n, yor