[R.O. 2011 §23-46; Ord. No. 3096 §1, 5-7-2007]
There is hereby created and established a Tree Board for the
City, which shall consist of five (5) members appointed by the Mayor,
with the approval of the Board of Aldermen, to service at the pleasure
of the Board of Aldermen. All members are required to be residents
of Dent County, Missouri but are not required to be residents of the
City of Salem.
[R.O. 2011 §23-47; Ord. No. 2957 §2, 11-1-1999]
Members of the Tree Board shall serve without compensation;
however, the Board of Aldermen may reimburse such members for reasonable,
authorized and necessary expenses incurred in the performance of their
duties.
[R.O. 2011 §23-48; Ord. No. 2957 §3, 11-1-1999]
The term of the five (5) persons to be appointed by the Mayor
shall be three (3) years each, 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 two (2) years. The Mayor may, by and with the consent of
the Board of Aldermen, remove any member of the Board at any time
when, in their judgment, such removal shall be in the best interests
of the City.
[R.O. 2011 §23-49; Ord. No. 2957 §4, 11-1-1999]
In the event a vacancy shall occur during the term of any Board
member due to death, resignation or removal, his/her successor shall
be appointed for the unexpired portion of his/her term.
[R.O. 2011 §23-50; Ord. No. 2957 §5, 11-1-1999]
A.
The
Tree Board shall:
1.
Choose its own officers, make its own rules and regulations, keep
minutes of its meetings, and act by a vote of a majority of its five
(5) members at meetings at which a quorum shall be present. A majority
of the board shall constitute a quorum.
2.
Develop a management plan for the planting, care, cultivation, pruning
and removal of trees, shrubs and plants located on City-owned property.
The plan may include provisions designating the species of trees,
shrubs and plants to be planted, preserved and removed or replaced.
Such plan shall be presented to the Community Services Committee who
will make recommendation to the Board of Aldermen for approval and
upon acceptance and approval by the Board, such plan shall constitute
the official comprehensive tree, shrubs and plants plan for the City
of Salem.
[R.O. 2011 §23-56; Ord. No. 2971 §1, 8-7-2000]
As used in this Article, the following terms shall have these
prescribed meanings:
The official representative of the City of Salem appointed
by the Board of Aldermen and as such is responsible for administration
of the community forest program.
Trees with severe structural defects or splits.
Limbs with severe structural defects or splits.
Trees, shrubs, bushes and all other woody vegetation in public
parks of the City of Salem.
All trees, shrubs and plants within municipal boundaries
but not on property owned by the City of Salem.
All street trees, park trees and other trees, shrubs and
plants on property owned by the City of Salem as a total resource.
Trees, shrubs, bushes and all other woody vegetation on land
lying between the property lines on either side of all streets and
avenues within the City of Salem.
[R.O. 2011 §23-57; Ord. No. 2971 §2, 8-7-2000]
A.
It
is the purpose of this Article 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 of Salem, Missouri. It is also to manage Salem's urban
forest in a strong, healthy condition for today and the future of
Salem, Missouri.
B.
Intent. It is the intent of the Board of Aldermen of the
City of Salem that the terms of this Article 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 of Salem from property damage caused or threatened
by the improper planting, maintenance or removal of trees, shrubs
or other plants located within the community.
[R.O. 2011 §23-58; Ord. No. 2971 §3, 8-7-2000]
A.
Street
trees may be planted in the tree lawn where there is a minimum of
six (6) feet between the street edge of the sidewalk and the curb
of the street.
B.
No
street tree shall be planted closer than ten (10) feet from any street
corner measured from the point of the nearest intersection of the
curbs or curb lines.
C.
No
street tree shall be planted closer than ten (10) feet from any fire
hydrant/fireplug.
[R.O. 2011 §23-59; Ord. No. 2971 §4, 8-7-2000]
No person shall plant trees, shrubs or any plants on City-owned
property without first obtaining a permit from the Community Forest
Manager. There will be no fee for such permit.
[R.O. 2011 §23-60; Ord. No. 2971 §5, 8-7-2000]
For reasons of public safety, a minimum clearance of ten (10) feet must be maintained over walkways, streets and alleys. See the City of Salem's Code Book, Chapter 215 "Nuisances", Section 215.010(6) and the penalties in Section 100.230 of this Code. Also for reasons of public safety, overhanging hazardous or dead limbs need to be removed from living trees. After written or verbal notice to the abutting property owner, the City does have the right to prune any and all overhanging hazardous or dead limbs. The City of Salem will be responsible for the cost of this thinning since this is a public safety issue.
[R.O. 2011 §23-61; Ord. No. 2971 §6, 8-7-2000]
Any hazard or dead tree posing a threat to the health and safety
of the general public must be noted and mapped. Any hazard or dead
tree in the public community forest must be removed at the earliest
convenient time.
[R.O. 2011 §23-62; Ord. No. 2971 §7, 8-7-2000]
The City shall have the right to plant, prune, maintain and
remove trees, shrubs and plants within the right-of-way or bounds
of all streets, alleys, lanes and public grounds as may be necessary
to insure the public safety. All work will be done in accordance with
ANSIA300 Standards for Woody Plant Care.
[R.O. 2011 §23-63; Ord. No. 2971 §8, 8-7-2000]
No street trees, other than those species listed as small trees
in the City's official list of acceptable trees, may be planted under
or within ten (10) feet from any overhead utility wire or over or
within five (5) lateral feet from any underground water line, sewer
line, transmission line or other utility on public property.
[R.O. 2011 §23-64; Ord. No. 2971 §9, 8-7-2000]
It shall not be normal practice for any person, firm or City
department to top any tree in the public community forest. "Topping, rounding off or pollarding" is defined as the
systematic cutting back of limbs within the tree's crown to such a
degree as to remove the normal canopy and disfigure the tree. Trees
severely damaged by storms or other causes where other pruning practices
are impractical may be exempted from this Section at the determination
of the Community Forest Manager or Tree Board.
[R.O. 2011 §23-65; Ord. No. 2971 §10, 8-7-2000]
The Community Forest Manager must first give permission, in
writing, before any public trees can be removed or killed without
needing to be replaced. If any public trees are removed or killed
without approval, the person or persons responsible shall replace
such tree with a tree or trees of equivalent dollar value in the vicinity
of the removed or killed tree. The value of trees shall be determined
by the Community Forest Manager in accordance with regulations considering
the species, location, size and condition of trees adopted by the
Tree Board. If no suitable location exists in the vicinity of the
tree to be removed or killed, or if the replacement tree is of lesser
value, the person causing the tree to be removed or killed shall make
a compensatory payment to the City equal to the difference in value
between the tree removed or killed and any replacement tree. Such
compensatory payment shall be paid into a fund established by the
Board of Aldermen and used solely for the purpose of enhancing the
public community forest.
[R.O. 2011 §23-66; Ord. No. 2971 §11, 8-7-2000]
The Community Forest Manager is hereby charged with the responsibility
for the enforcement of this Article 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.
