CHAPTER XIII. STREETS AND SIDEWALKSCHAPTER XIII. STREETS AND SIDEWALKS\ARTICLE 3. TREES

Street Trees are herein defined as those trees located or to be located on City parking area of public streets, avenues or ways within the city of Marion, Kansas. Said parking areas being a part of the dedicated public street, avenue or way and generally shall be presumed to be but not by way of limitation being that area between the traveled street and the sidewalk or sidewalk line.

(Ord. 887; Code 2014)

The following list constitutes the official Street Trees species for Marion, Kansas. No. species other than those included in this list may be planted as Street Trees without permission of the city governing body.

Small Trees: Flowering crabapple; Paper Mulberry; Redbud; Hawthorn; Flowering dogwood; Flowering Plum; White flowered redbud; Bradford pear; Amur maple.

Medium Trees: Thornless honeylocust; Pin oak; Kentucky coffeetree; Red mulberry (male); Golden raintree; Osage orange (male, thornless); Baldcypress; Japanese pagoda tree; Hard (sugar) maples; Sweetgum; Tulip poplar; Black cherry; Norway maple; catalpa; lace bark elm; Chinakapin oak; Chinese pistache; rock elm.

Large Trees: Burr oak; Hackberry; London planetree; American sycamore; Pecan; Red oak ; Black walnut; Green ash; Cottonwood (cottonless); Basswood.

Evergreen Trees: Eastern red cedar; Rocky Mountain juniper; Conaert red cedar; Austrian pine; Scotch pine, Ponderosa pine.

(Ord. 887; Ord. 1084; Code 2014)

The spacing of Street Trees will be in accordance with the three species size classes listed in section 13-302, and no trees may be planted closer together than the following: Small Trees from Small Trees , 20 feet; Medium Trees from Medium Trees, 30 feet; Large Trees from Large Trees , 50 feet; Small Trees from Medium Trees, 25 feet; Medium Trees from Large Trees , 40 feet ; Small Trees from Large Trees, 35 feet.

(Ord. 887; Code 2014)

The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the three species size classes listed in section 13-302, and no trees may be planted closer to any curb, driveway or sidewalk than the following: Small Trees, 2 feet; Medium Trees, 3 feet; and Large Trees, 4 feet.

(Ord. 887; Code 2014)

No Street Tree shall be planted closer than 35 feet of any street corner, measured from the point of nearest intersecting curbs or curblines. No Street Tree shall be planted closer than 10 feet of any fireplug.

(Ord. 887; Code 2014)

No Street Trees other than those species listed as Small Trees in section 13-302 may be planted under or within 10 lateral feet of any overhead utility wire, or over or within 5 lateral feet of any underground water line, sewer line, transmission line or other utility.

(Ord. 887; Code 2014)

No provision of this article shall apply to any existing Street Trees planted previous to the effective date of this article.

(Ord. 887; Code 2014)

Any Street Trees planted in violation of this article shall be subject to removal by the city governing body, and the persons responsible for such plantings will be subject to a fine not to exceed $100.00.

(Ord. 887; Code 2014)