By Michael Howell
The Stevensville Town Council approved on first reading a tree ordinance giving the Town the right to plant, prune, maintain and remove trees, plants and shrubs within the 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 such public grounds.”
The ordinance comes with a list of approved tree species, sets spacing requirements and minimum distances to be maintained between trees and curbs, curb lines and sidewalks, street corners, fireplugs and utilities.
The ordinance also establishes a Tree Board consisting of three members to be appointed by the Mayor and approved by the Council. The first Board members will be appointed to staggered terms of one year, two years and three years and afterward all members will be appointed to serve three-year terms. Board members will serve without compensation.
The Board has the responsibility to study, investigate and develop and/or update annually, a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets and in other public areas. The plan will be presented annually to the Town Council for approval.
Private property owners will be responsible for watering and care of street trees adjacent to their own property, shall not cause damage to street trees, and shall not prune or remove any street tree without permission from the town.
“The town shall remove or cause to be removed any 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,” states the ordinance.
Every owner of any tree on private property overhanging any street or right-of-way within the town 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 so that there will be at least 8 feet of clearance from the sidewalk or street. It is the property owner’s obligation to remove all dead, diseased or dangerous trees, or broken or decayed limbs which might constitute a hazard to public safety. The town has the right to do it and charge the costs to the property owner.
Tree topping of street trees or other public trees is prohibited. 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. The prohibition does not apply to trees damaged by storm or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical.
The Town also has the right to cause the removal of any dead or diseased trees on private property within the town when the trees constitute a hazard to public safety. The Town will notify in writing the owners of such trees and require removal by the owners within 60 days after the date of notice.
The ordinance also makes it unlawful for any person to prevent, delay or interfere with Town employees or any of its agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying, or removing of any street trees, park trees, or trees on private grounds.
Any decision made by the Tree Board may be appealed to the Town Council for final determination.
The ordinance still must be approved on second reading and would not go into effect for 30 days after that.
In other business:
• The Council approved a motion to allow skate park construction crew trailers and temporary camping at Lewis and Clark Park during construction of the skate park. The eight-person crew is expected to take from 6 to 8 weeks to complete the construction.
• A motion to approve job descriptions for the fire department was discussed. Some concern was expressed by the Stevensville Rural Fire Department and a request was made to delay approval of the job descriptions until Rural members had time to examine them. A vote was taken to approve the job descriptions but it failed in a tie vote with Council members Robin Holcomb and Jim Crews voting for it and Bill Perrin and Tim Hunter voting against it. A second motion was made to table the issue for 45 days to give rural a chance to review and be involved but that motion failed on a tie vote as well. No action was taken and the discussion ended.
• The Council approved a change order in the sewer improvement project phase 2 to address corrosion problems on the piping in the digesters/bioreactors.
• The Council approved adoption of the final budget for 2015-2016.