City of Troy, MO
Lincoln County
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Table of Contents
Table of Contents

Section 245.010 Definitions.

[Ord. No. 1216 §1, 8-17-2015]
As may be used in this Chapter or for further clarification, the following terms shall have these prescribed meanings:
CALIPER
The diameter of a tree six (6) inches above ground.
COMMUNITY FOREST MANAGER
The official representative of the City of Troy, Missouri, appointed by the Board of Aldermen and as such is responsible for administration of the community forest program.
CONIFEROUS TREE
A tree which is typically evergreen, such as pine, spruce, fir or hemlock.
DECIDUOUS TREE
A tree which typically loses its leaves in the fall (autumn).
HAZARDOUS LIMBS
Trees with severe structural defects or splits.
HAZARDOUS TREES
Trees with severe structural defects or splits.
PARK TREES
Trees, shrubs, bushes and all other woody vegetation in public parks to which the public has free access.
PUBLIC COMMUNITY FOREST
All street trees, park trees and other trees, shrubs and plants on property owned by the City of Troy.
RECOMMENDED TREE LIST
The approved list for small, medium and large street and park trees.
STREET TREES
Trees, shrubs, bushes and all other woody vegetation on land lying between the property lines on either side of all streets within the City of Troy, Missouri, right-of-way.
TREE BOARD
Responsibility will include study, review, investigation and advice to the Community Forest Manager concerning the care, preservation, pruning, planting, replanting, removal or disposition of all trees and shrubs in parks, along streets and in other public areas.
TREE OWNERSHIP
Determined by who the owner of the property is where the tree trunk touches the ground. Once a tree is installed on public owned property (no matter who installs the tree), the tree belongs to the City. For liability reasons, when a tree is located on the property line (public/private property line), the tree belongs to the public entity.
TREE TOPPING
The drastic removal or cutting back of large branches in mature trees leaving large, open wounds which subjects the tree to disease and decay. Topping causes immediate injury to the tree and results in early death of the tree.

Section 245.020 Purpose.

[Ord. No. 1216 §1, 8-17-2015]
A. 
Purpose. It is the purpose of this Chapter to promote and protect the public health, safety and general welfare by providing for the regulation of the planting, maintenance and removal of trees, shrubs and other plants within the City. It is also to manage the City of Troy's urban forest in a strong, healthy condition for today and the future.
B. 
Intent. It is the intent of the Board of Aldermen of the City of Troy, Missouri, that the terms of this Chapter shall be construed so as to promote:
1. 
The planting, maintenance, restoration and survival of desirable trees, shrubs and other plants within the City. The protection of community residents from personal injury and property damage and the protection of the City from property damage caused or threatened by the improper planting, maintenance or removal of trees, shrubs or other plants located within the community.
2. 
The planting and maintenance of trees and all other woody vegetation will provide a significant impact to the environment in the form of stormwater and erosion control, air quality, wildlife habitat and energy conservation.

Section 245.030 Creation and Establishment of Responsible City Authority.

[Ord. No. 1216 §1, 8-17-2015]
A. 
City Authority. The City of Troy Parks Director (hereafter called "Community Forest Manager") shall be responsible for and set the written policy regarding trees located on City-controlled property. The Park Board (hereafter called the "Tree Board") will function as the representatives of the residents of the City and, when called upon, review the policy and practice of the City to make recommendations regarding stated and actual tree practices.
1. 
Compensation. Members of the Tree Board shall serve without compensation.
2. 
Terms. The terms of the persons appointed by the Mayor shall be that of their term on the Park Board.
3. 
Vacancies. In the event a vacancy occurs due to death, resignation or removal, his successor shall be appointed for the unexpired portion of the term.
4. 
Duties. The Community Forest Manager and the Tree Board will develop a management plan for the planting, care, cultivation, pruning and removal of trees, shrubs and plants located on City property. The plan may include provisions designating the species of trees, shrubs and plants to be planted, preserved and removed or replaced.

Section 245.040 Distance for Planting.

[Ord. No. 1216 §1, 8-17-2015]
A. 
Street Edge And Sidewalk Distance. Street trees may be planted in the tree lawn area where there is a minimum of twelve (12) feet between the street edge of the sidewalk and curb of the street.
B. 
Street Corner/Intersection Distance. No street tree shall be planted closer than thirty (30) feet to any street corner, measured from the point of the nearest intersection of the curbs or curblines.
C. 
Fire Hydrant Distance. No street trees shall be planted closer than ten (10) feet to any fire hydrant.
D. 
Overhead And Underground Utility Distance. No trees other than those listed as small trees may be planted under or within ten (10) lateral feet of any overhead utility wire or over or within five (5) lateral feet of any underground water line, sewer line, transmission line or other utility.
E. 
Tree And Light Pole Distance. Light poles shall take the place of a street tree in the planting line of the right-of-way.
F. 
Spacing Distance. The spacing of street trees will be in accordance with the three (3) species size classes listed on the Recommended Tree List. No trees may be planted closer together than the following: small trees, thirty (30) feet; medium trees, forty (40) feet; and large trees, fifty (50) feet; except in special plantings designed or approved by a landscape architect and the Community Forest Manager.

Section 245.050 Tree Care.

[Ord. No. 1216 §1, 8-17-2015]
A. 
City Responsibility. The City shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, lanes, squares and public ground as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds. Plantings shall be part of a comprehensive landscaping and maintenance plan approved by the Community Forest Manager. Public grounds shall include streetscape designs, including, but not limited to, landscape, hardscape, pedestrian walkways, bikeways and plaza traffic calming areas. 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 sewers, electric lines, gas lines, water lines or other public improvements or is affected with any injurious fungus, insect or other pest.
B. 
Tree Topping. 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, rounding off or pollarding is 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 Chapter at the determination of the Community Forest Manager.
C. 
Pruning, Corner Clearance. Every owner of any tree overhanging any street right-of-way within the City 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 and so that there shall be a clear space of thirteen (13) feet above the surface of the street and a minimum of eight (8) feet above the sidewalk. Said owners shall remove all dead, diseased or dangerous trees or broken or decayed limbs which constitute a menace to the safety of the public. The City shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light or interferes with the visibility of any traffic control device or sign.
D. 
(Reserved)
E. 
Removal Of Stumps. All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.
F. 
(Reserved)
G. 
Business License. See Chapter 605 for Business License Requirements.
H. 
Tree Maintenance — Arborist Certificate. Any person, tree service or company that, for a fee, prunes, removes or applies pesticides to trees on public property shall also file with the Community Forest Manager sufficient documentation demonstrating that a minimum of one (1) person with the firm has been recognized by the International Society of Arboriculture as a certified arborist.

Section 245.060 Enforcement.

[Ord. No. 1216 §1, 8-17-2015]
The Community Forest Manager is hereby charged with the responsibility for the enforcement of this Chapter and may serve notice to any person, firm or corporation in violation thereof or institute legal proceedings as may be required, and the City Attorney is hereby authorized to institute appropriate proceedings to that end.

Section 245.070 Violations and Penalties.

[Ord. No. 1216 §1, 8-17-2015]
Any person violating any provision of this Chapter shall be, upon conviction or a plea of guilty, subject to a fine in accordance with the Troy Code of Ordinances, Section 100.120.

Section 245.080 Street and Park Tree Species.

[Ord. No. 1216 §1, 8-17-2015]
A. 
Acceptable Tree Species. The City of Troy, 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 upon request to aid in the selection of trees for private and public properties. The list of recommended trees shall be updated periodically by the Community Forest Manager to reflect new developments or species that will affect the population of the community forest.
B. 
Non-Acceptable Species. No species other than those included in the tree species category may be planted along streets without written permission of the Community Forest Manager.