Beautification

Commission action: As of The commission meeting on September 14th the Commission is now acting as the Beautification committee. The Beautification Commissioner and will receive any request for help with tree planting or removal issues.

 

 

CITY OF BELLEMEADE, KENTUCKY

ORDINANCE # 2

SERIES # 2008

As Amended October 11, 2010

TITLE: BEAUTIFICATION IN THE CITY OF BELLEMEADE, KENTUCKY AN ORDINANCE RELATING TO PLANTING, MAINTENANCE AND PROTECTION OF CANOPY TREES ON PROPERTY IN THE CITY OF BELLEMEADEAND ESTABLISHMENT OF A BEAUTIFICATION COMMITTEE, WHICH SHALL DEVELOP A PLAN FOR THE PLANTING, CARE, AND REMOVAL OF CANOPY TREES PLANTED ON PROPERTY IN THE CITY OF BELLEMEADE.

WHEREAS, maintenance of the City’s canopy trees on private property is a valuable contribution to the City’s environment and thus the welfare of its residents; and

WHEREAS, trees provide more privacy and a sense of solitude for its residents; and

WHEREAS, trees create a feeling of relaxation and well-being for its residents; and

WHEREAS, trees reduce air pollution by removing carbon dioxide from the air, noise, glare, wind and soil erosion; and

WHEREAS, trees conserve water and energy; and

WHEREAS, trees reduce storm water runoff by capturing falling precipitation; and

WHEREAS, trees increase the canopy and beauty of the City of Bellemeade, its wildlife and plant

diversity, and its property value;

NOW, THEREFORE, BE IT ORDAINED by the City of Bellemeade, Kentucky:

Section 1. Definitions

  1. Care: Pruning and maintenance of canopy trees
  2. Streetside: Property from front elevation of house to street. For corner lots, side elevation is included.
  3. Canopy Tree: Any street side tree, which when mature, will provide a canopy or become part of a canopy effect as defined by the certified City of Bellemeade Arborist.
  4. Remove or Removal: The actual elimination of a tree by digging up, cutting down, or effective removal as a result of damage and/or substantial pruning.
  5. Substantial Pruning: Removal of branches representing more than 50 percent of a canopy tree’s volume and including branches that are ten (10) inches or more in diameter.
  6. Certificate of Insurance: A document that proves the recommended arborist and nursery/care company have in place general liability, automobile, and worker’s compensation insurance that shall be maintained as long as work is performed in the City of Bellemeade. This certificate shall include a provision that states the City of Bellemeade shall receive a thirty (30) days’ notice from the insurance company if the policy is going to be cancelled or materially changed by the insurance company or the insured.

Section 2. Creation and Establishment of a City Beautification Committee

There is hereby created and established a Beautification Committee in an advisory capacity for the City of Bellemeade, Kentucky, named City of Bellemeade Beautification Committee. All meetings of the Committee shall be open to the public.

Section 3. Membership

Membership shall consist of a maximum of seven (7) members, which shall include at least one (1) Commissioner and residents with an interest in trees as a major component of the City of Bellemeade’s physical and aesthetic environment. They shall be appointed by the Mayor, ratified by the Commission, and shall serve without compensation.

Section 4. Term of Beautification Committee Members

The term of the members of the City of Bellemeade Beautification Committee shall be for two (2) years with the option to be reappointed. The term of the first Committee, appointed by the mayor, shall be deemed to have begun when this ordinance is enacted. When a member’s term is completed, or when a vacancy occurs during the term of any member, the Committee may compile a list of interested persons to present to the Mayor from which (s)he may select a successor(s).

Section 5. Duties and Responsibilities

It shall be the responsibility of the Beautification Committee to develop, keep current, and implement a written plan for the preservation of canopy trees and the canopy effect in the City of Bellemeade through the planting, care, and selective removal of canopy trees in the City of Bellemeade. Such a plan will be presented annually to the City of Bellemeade Commission in January, and,upon acceptance and approval, shall constitute the City’s official comprehensive beautification plan for the new year.

The Beautification Committee shall:

  1. Recommend, to the City of Bellemeade Commission, an arborist on a contract basis to survey all existing canopy trees and present a prioritized written report to the Beautification Committee as to recommended pruning, maintenance or removal, and recommend the canopy tree species and location for planting of new trees so as to increase the tree canopy in the City of Bellemeade. This survey and report will be repeated every two (2) years, or as needed. Arborist shall be required to provide a current Certificate of Insurance and a Certificate of Arboriculture.
  2. Determine the number of trees it shall support for planting, care and removal each year.
  3. Recommend to the City of Bellemeade Commission, after a public competitive bidding process,

a company or companies to be recommended to property owners for tree purchase, planting, removal and care. Any company so recommended shall carry a current Certificate of Insurance with the City of Bellemeade as an additional insured as well as any property owner that uses that company.

  1. Notify City residents who qualify for a canopy tree and obtain their approval before planting. Provide them with the name of the nursery/care company the Beautification Committee recommends and with whom they need to contract in order to receive any financial assistance from the City.
  2. Notify City residents of canopy trees needing care or removal and provide them with the care/removal company the Beautification Committee recommends and with whom they need to contract in order to receive any financial assistance from the City.
  3. Recommend, to the City of Bellemeade Commission, a nursery/care company or companies through which to purchase canopy trees.
  4. Recommend, to the City of Bellemeade Commission, a nursery/care company to plant the new canopy trees recommended by the arborist in approved locations so as to increase the tree canopy in the City of Bellemeade.

Section 6. Operation

The Beautification Committee shall choose its own officers, which shall consist of Chairperson, Secretary, Accountant to record expenditures and work under the City of Bellemeade Treasurer, and a Tree Journalist to record the tree species and location of canopy trees planted, maintained or removed with the City of Bellemeade support. A majority of the members shall be a quorum for the transaction of business.

Section 7. Canopy Tree Species to be Planted

The Beautification Committee, under advisement of the arborist, shall formulate an official Canopy Tree List for the City of Bellemeade. A property owner who chooses not to plant a canopy species or chooses a location other than that which was recommended by the arborist and without the written permission of the Beautification Committee will not receive financial assistance from the City of Bellemeade. The canopy trees shall be planted no closer than twelve (12) feet from the edge of the road nor planted in the surface drainage ditch along the side of the road.

Section 8. Pruning and Removal of Obstructing Trees or Shrubs

Every property owner shall prune or remove any tree(s) and shrubs so that such tree(s) or shrubs shall not obstruct the light from any street lamp or obstruct the view of any street sign, or the view of any driver at an intersection. The Beautification Committee will notify, in writing, the property owner of such tree(s) or shrubs.

Section 9. Care and Removal of Canopy Trees Located on Property in the City of Bellemeade by the Beautification Committee

The Beautification Committee shall, upon the recommendation of its arborist, notify, in writing, the owner of any canopy tree(s) that needs to be pruned, maintained, or removed because it presents a hazard to life and property or harbors insects or disease, which constitute a potential threat to other trees within the City of Bellemeade. The property owner can accept or reject the recommendation. If the owner accepts, the City of Bellemeade may offer financial assistance if these procedural steps are followed. The owner contracts with the care/removal company recommended by the City of Bellemeade for the work. Care or removal shall be completed within sixty (60) days after the date of service of notice unless an extension is granted by the Committee. In cases where imminent harm exists to person(s) or property from a sudden change in the physical condition of a canopy tree(s), pruning, maintenance, or removal shall be completed in a time period recommended by the City of Bellemeade Arborist. The City of Bellemeade may pay 50%, but not to exceed the amount contained in the annual Beautification Budget, of the cost of the care or removal provided that the company recommended by the Beautification Committee is contracted by the owner. When the action taken is canopy tree removal, the City may pay 50%, but not to exceed the amount contained in the annual Beautification Budget, of the cost and planting of a recommended canopy

tree in a location recommended by the arborist provided that the company recommended by the

Beautification Committee is contracted by the owner.

Section 10. Substantial Pruning and Removal of Canopy Trees Located on Property in the City of

Bellemeade by Property Owner 1. Any person wishing to substantially prune or remove any canopy tree(s) on property in the City of Bellemeade, and wishes to receive financial assistance and agrees to accept the following procedures, shall deliver a written Request for Tree Pruning or Removal to the Mayor or Chairperson of the Beautification Committee, stating specifically the reason(s) and the action proposed, and clearly identifying the canopy tree(s) to be affected.

Approval to remove or substantially prune a canopy tree(s) requires a written approval by the current City of Bellemeade Arborist, the expense for which shall be paid by the City of Bellemeade. The property owner shall be notified in writing within thirty (30) days after the date of application, by the City of Bellemeade Arborist, of the status of the written request. The City of Bellemeade may assist the property owner by paying 50%, but not to exceed the amount contained in the annual Beautification Budget, of the substantial pruning or removal cost provided the company recommended by the Beautification Committee is contracted by the property owner. When the action taken is tree removal, the City may pay 50%, but not to exceed the amount contained in the annual Beautification Budget, of the cost and planting of the recommended canopy tree in a location recommended by the arborist provided the company recommended by the Beautification Committee is contracted by the property owner.

  1. If a Request for Tree Pruning or Removal is determined by the current City of Bellemeade Arborist to be denied, the arborist shall specifically state the reasons for the denial in writing to the property owner and the Beautification Committee within thirty (30) days after the date of application.
  2. When the property owner does not accept the decision made by the City of Bellemeade Arborist, s/he may obtain a second opinion by a certified arborist, the expense for which shall be paid by the property owner. This arborist’s opinion(s) shall be written, dated, and signed by the arborist with a copy of his/her current certification attached and sent to the Mayor or Chairperson of the Beautification Committee. The City of Bellemeade Arborist shall be given a copy of any opposing opinions and, within thirty (30) days after receiving these opinions, contact the property owner’s arborist, offer to meet with that arborist on site, and issue an updated recommendation to the City of Bellemeade Commission and the property owner within thirty (30) days of the on-site meeting. This recommendation shall be written, dated, and signed by the City of Bellemeade Arborist.
  3. 4. In cases where imminent harm exists to person(s) or property from a sudden change in the physical condition of a canopy tree(s), pruning or removal shall be completed in a time period recommended by the City of Bellemeade Arborist.
  4. 5. In the case of natural, city-wide emergencies, such as a windstorm or other disasters, the requirements of these regulations may be waived by the City so that work to restore order in the City of Bellemeade shall not be impeded. In the event of a city-wide disaster, the City of Bellemeade shall have no responsibility for removal or pruning, but may pay 50%, but not to exceed the amount contained in the annual Beautification Budget, of the cost and planting of a recommended canopy tree in a location recommended by the arborist provided that the company recommended by the Beautification Committee is contracted by the owner. This tree replacement may be spread over several years.
  5. 6. The following is the Request for Substantial Tree Pruning or Removal.

CITY OF BELLEMEADE

SUBSTANTIAL PRUNING OR TREE REMOVAL

Substantial pruning or removal of canopy trees located in the City of Bellemeade is controlled by City Ordinance #2. As specified within the Ordinance, approval for the substantial pruning or removal of canopy trees must be approved by the City Arborist. This completed form serves as approval or denial to substantially prune or remove the specified tree(s) only.

Name: _____________________________________________________

Address: ___________________________________________________

Substantial Pruning _______ Removal _______

Reason(s) for Substantial Pruning or Removal: ____________________________________________________________________________________________________________________________________________________________________________________________________________________________

 

Location and Species of Tree: ___________________________________________________________________________________________

Received by: ___________________________ Date: ______________

Action Taken: Approved _____ Denied _____ Date: __________

Reasons for Denial:

________________________________

 

City Arborist: _________________

Date of Inspection: ________

Section 11. City of Bellemeade Beautifiction Committee Funding

The City of Bellemeade shall annually budget money to support the City of Bellemeade Beautification Program. A specific amount shall be allocated to the Canopy Tree Fund.

 

The Canopy Tree Fund shall assist residents by paying 50%, but not to exceed the amount contained in the annual Beautification Budget, of the cost of the care or removal of canopy trees and 50%, but not to exceed the amount contained in the annual Beautification Budget, of the cost and planting of new canopy trees in the City of Bellemeade. This Fund shall also cover operating expenses incurred by the Beautification Committee and the arborist.

Section 12. Review by City of Bellemeade Commission

The City of Bellemeade Commission shall have the right to review the conduct, acts, and decisions of the City of Bellemeade Beautification Committee and/or the City of Bellemeade Arborist and the right to accept or reject them. Any person may appeal any ruling or order of the Beautification Committee and/or the City of Bellemeade Arborist to the Commission, which may hear the matter and make the final decision.