Roeland Park drafts revised tree rules a year after voting down previous version

The city of Roeland Park is getting closer to adopting a long-discussed tree preservation ordinance.

Following years of work inventorying the city’s tree canopy and hosting local ward meetings to discuss proposed rules aimed at preserving it, the Roeland Park City Council earlier this month sent a draft ordinance to the city’s legal counsel for further revisions.

The draft lays out protections for right-of-way trees — that is, trees in public strips of land between residential properties and the street — as well as trees in private front yards.

It’s an effort to preserve the city’s aging trees amid threats from damaging storms with high winds and redevelopment efforts.

Other Johnson County cities nearby, including Fairway and Prairie Village, already have tree ordinances on their books, and the city of Mission is also looking at similar rules.

This comes more than a year after a previous tree preservation ordinance proposal failed in a 4-3 vote.

What’s in this new draft ordinance?

• The tree preservation ordinance the city council reviewed during its workshop meeting on Aug. 5 outlines regulations for tree maintenance, trimming or removing trees by the city and how property owners should deal with diseased or infected trees.
• Definitions for a “protected tree” — any tree in a covered property that has a diameter at breast height of more than 12 inches — as well as a definition for a “replacement tree” are also included in the draft.
• A clear definition of a “nuisance tree” is not outlined in the drafted ordinance, but resident feedback suggests a definition should be included.
• Resident appear to want a “nuisance tree” defined as one that is hazardous, is likely to fall, is high risk or has the potential to fall and damage either people or property as a result.
• If this drafted ordinance is adopted, then it would go into effect 90 days later — which councilmembers referred to as an “education period” to inform residents about the changes.

A full version of the drafted ordinance can be found in the embedded document below.

Loading...

Taking too long?

Reload document

| Open in new tab

“Making it even stronger”

• At the city council meeting on Aug. 5, Mayor Michael Poppa shared a summary of resident feedback he received from councilmembers who have hosted ward meetings over the past year.
• Residents have suggested including clearer definitions for what is considered a “nuisance tree,” as well as having the city arborist involved in decisions about removing trees.
• The city council ultimately decided to have the city’s legal counsel include a more concrete definition of a nuisance tree in the draft ordinance, in addition to incorporating other residents’ feedback in the draft ordinance.
• “We had a really strong ordinance, this is just making it even stronger and easier to understand,” Poppa said.

Councilmembers interested in new tree inventory

• Councilmember Jan Faidley said she is interested in an updated inventory of the city’s trees.
• Faidley said the current inventory is about two years old, and about a dozen trees in her neighborhood alone have come down in that time period.
• Faidley said the city needs to look at “replenishing the tree canopy by planting now” for the benefit of Roeland Park residents 50 to 100 years from now.
• Councilmember Matthew Lero, who also backed the idea of an updated tree inventory, said the city should consider a citywide tree plan similar to one on the books in Kansas City, Missouri.
• The city council is expected to discuss an updated tree inventory at a future governing body workshop, and the city’s sustainability committee is likely to take up a citywide tree plan.

Next steps:

• Roeland Park’s legal counsel is tasked with including a more specific definition of what is considered a nuisance tree.
• The city council is expected to take up a revised tree preservation ordinance at a future governing body workshop.
• City Administrator Keith Moody told the Post via email that the city anticipates a revised draft coming back to the city council as early as the first meeting in September.
• Roeland Park governing body workshop meetings take place immediately following city council meetings, which start at 6 p.m. at city hall, 4600 W. 51st St.

Go deeper: Watch the city council’s conversation online here, starting at 1:44:00.