[Ord. No. 511-C §1, 10-15-2001]
As used in this Chapter, the following terms shall have these
prescribed meanings:
The official (public employee) representative of the Tree
Board and as such is responsible for administration of the community
forestry program.
Trees, shrubs, bushes, and all other woody vegetation in
public parks.
All trees within municipal boundaries, but not owned by the
City.
All street and park trees, and other trees owned by the City
as a total resource.
Trees, shrubs, bushes and all other woody vegetation on land
lying between the property lines of either side of all streets and
avenues within the City.
That area between the right-of-way of any highway, street
or road and the edge of any sidewalk closest to the highway, street
or road if there is a sidewalk in place.
[Ord. No. 511-C §2, 10-15-2001; Ord. No. 773-C §1, 5-16-2016]
There is hereby created and established a City Tree Board for
the City of Canton, Missouri, which shall consist of five (5) persons
who are interested in the care, replacement, maintenance, and removal
or disposition of trees and shrubs in parks, along streets, and in
other public areas in the City of Canton, Missouri, who shall be appointed
by the Mayor with the approval of the Board of Aldermen. The Community
Forest Manager shall be an ex officio member of the City Tree Board.
[Ord. No. 511-C §3, 10-15-2001]
The term of the five (5) persons to be appointed by the Mayor
shall be three (3) years except that the term of two (2) of the members
appointed to the first (1st) Board shall be for only one (1) year
and the term of two (2) members of the first (1st) Board shall be
for two (2) years. In the event that a vacancy shall occur during
the term of any member, a successor shall be appointed for the unexpired
portion of the term of the member leaving the Tree Board.
[Ord. No. 511-C §4, 10-15-2001]
Members of the Tree Board shall serve without compensation.
[Ord. No. 511-C §5, 10-15-2001]
A.
It
shall be the responsibility of the Tree Board to study, investigate,
counsel and develop and/or update annually, and administer written
plans (annual and long range) for the care, replacement, maintenance,
and removal or disposition of trees and shrubs in parks, along streets
and in other public areas. Such plan will be presented annually to
the Board of Aldermen and upon their acceptance and approval shall
constitute the official comprehensive City Tree Plan for the City
of Canton, Missouri.
B.
The
Tree Board, when requested by the Board of Aldermen, shall consider,
investigate, make findings, report and recommend upon any special
matter or question relating to trees.
[Ord. No. 511-C §6, 10-15-2001]
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.
[Ord. No. 511-C §7, 10-15-2001]
The City of Canton, Missouri, shall maintain an extensive list
of recommended trees for planting in public areas. The purpose of
this listing will be to maintain diversity in the total tree population.
This list shall be available to residents of the City upon request
to aid in the selection of trees for private and public properties.
The list of recommended trees shall be updated periodically to reflect
new developments or species that will affect the population of the
community forest.
[Ord. No. 511-C §8, 10-15-2001]
A.
Street
trees may be planted in the tree lawn area in accordance with the
tree species size classes listed in Exhibit A of this Chapter. No
trees, as listed in Exhibit A to this Chapter, may be planted closer
together than the following: small trees, fifteen (15) feet; medium
trees, twenty (20) feet; and large trees, thirty (30) feet; except
in special planting as designated and approved by a licensed landscaping
architect, a forester or the City Tree Board.
B.
Small
and medium sized trees planted in the tree lawn area shall be planted
not less than three (3) feet from the nearest edge of a sidewalk,
driveway or street, and large sized trees planted in the tree lawn
area shall be planted not less than four (4) feet from the nearest
edge of a sidewalk, driveway or street.
C.
No
street tree shall be planted closer than thirty-five (35) feet from
any street corner, measured from the point of the nearest intersection
of curbs or curblines.
D.
No
street tree shall be planted closer than ten (10) feet from any fireplug.
E.
Special
permission must be obtained from the Community Forest Manager when
planting street trees within ten (10) feet of any point on a line
on the ground immediately below any over head utility wire.
[Ord. No. 511-C §9, 10-15-2001]
A.
The
City shall have the right to plant, prune, maintain, and remove trees,
plants and shrubs within the right-of-way or bounds of all streets,
alleys, lanes, squares, and public grounds, as may be necessary to
insure the public safety.
B.
The
City may remove or cause or order to be removed, any tree or part
thereof which is in an unsafe condition or which by reason of its
nature is injurious to electric power lines or other public improvements,
or is seriously affected with any fatal disease.
C.
The
abutting property owners shall have the right to perform normal tree
care on all street trees. It shall be unlawful as a normal practice
for any person, firm or City department to top any street tree, park
tree or other tree on public property. 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 so 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 prohibition at the determination of the City Tree Board.
[Ord. No. 511-C §10, 10-15-2001]
No person shall plant a street tree without first obtaining
a permit from the Community Forest Manager. There will be no fee for
such permit.
[Ord. No. 511-C §11, 10-15-2001]
No person shall remove any healthy "street tree" or healthy
tree located in the "tree lawn" as those terms are defined in this
Chapter, without replacing such tree with an approved tree or trees
as listed in Exhibit A of this Chapter. The type of tree replacement
shall be made in consultation with the Community Forest Manager considering
the species, location, size and condition of the tree or trees removed.
The determination of whether or not a tree is "healthy" shall be made
by the Community Forest Manager after consultation with the person
seeking the removal of the tree. The decision of the Community Forest
Manager shall be final.
[Ord. No. 511-C §12, 10-15-2001]
Clearance over streets and walkways shall be the responsibility
of the abutting property owner. A clearance of eight (8) feet must
be maintained over walkways and a clearance of twelve (12) feet must
be maintained over streets and alleys. Property owners are responsible
for trees on their own property, as well as trees on the public right-of-way
that abuts their property.
[Ord. No. 511-C §13, 10-15-2001]
The City shall have the right to cause to be removed any tree
within the city that is dead or has been declared a hazard. Hazard
trees are defined as trees with severe structural defects or splits.
The City will notify in writing the owners of such trees. Removal
is the responsibility of the owners of such trees and shall be accomplished
within the time limits set by the Community Forest Manager.
[Ord. No. 511-C §14, 10-15-2001]
It shall be unlawful for any person to prevent, delay, or interfere
with the Tree Board or any of its representatives or agents, while
engaging in and about the planting, cultivating, mulching, pruning,
spraying, or removing of any trees within the public community forest.
[Ord. No. 511-C §15, 10-15-2001]
It shall be unlawful for any person to prevent, delay or interfere
with access to private property by the City or its representative
in the legal performance of any Section of this Chapter.
[Ord. No. 511-C §16, 10-15-2001]
A.
Persons
or firms engaged in the business or occupation of pruning, treating
or removing any street tree, park tree or other privately owned tree
shall be approved by the Community Forest Manager prior to the commencement
of any such work.
B.
The
Community Forest Manager shall be satisfied that the person or firm
seeking to do such tree work shall demonstrate to the Community Forest
Manager either that they are a certified arborist, certified tree
technician, or have sufficient experience and skill to perform such
tree work in a manner that will not be hazardous to persons or property
or to any tree that is to be retained.
C.
Any
person or firm engaged in the business or occupation of pruning, treating
or removing any street tree, park tree or other privately owned tree
shall provide proof of the following insurance coverages prior to
commencement of any such tree work in the City of Canton, Missouri:
1.
Five hundred thousand dollars ($500,000.00) for bodily injury or
death.
2.
One hundred thousand dollars ($100,000.00) property damage, indemnifying
the City of Canton, Missouri, or any person injured or damage resulting
from any tree work done in the City of Canton, Missouri.
3.
When required by Missouri Law, Worker's Compensation Insurance.
