[Ord. No. 3200 §1, 11-20-2007]
This Chapter shall be known as the "Tree and Shrub Regulation
Ordinance" which Chapter shall regulate the planting, maintenance
and removal of trees, shrubs and other plants upon City property in
the City of Sullivan, Missouri.
[Ord. No. 3200 §1, 11-20-2007]
When used in this Chapter, the following words and phrases mean,
unless the context clearly requires otherwise:
The official (public employee) representative of the Tree
Committee and as such is responsible for administration of the community
forestry program.
Trees with severe structural defects or splits, typically
caused by insects, disease, wind, fire, ice and human or equipment
damage.
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 on either side of all streets and
avenues within the City/Village.
[Ord. No. 3200 §1, 11-20-2007]
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 of Sullivan, Missouri. It is also to manage
the Sullivan community forest in a strong, healthy condition for today
and for the future of Sullivan, Missouri.
[Ord. No. 3200 §1, 11-20-2007]
A.
It is
the intent of the Board of Aldermen of the City of Sullivan 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.
2.
The
protection of the community residents from personal injury and property
damage and the protection of the City of Sullivan from property damage
caused or threatened by the improper planting, maintenance or removal
of trees, shrubs or other plants located within the community.
[Ord. No. 3200 §1, 11-20-2007]
The City of Sullivan, Missouri, shall maintain an extensive
list of recommended trees for planting in public areas. The purpose
of this listing will be to maintain the 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
by the Community Forest Manager to reflect new developments or species
that will affect the population of the community forest.
[Ord. No. 3200 §1, 11-20-2007]
A.
Street
trees may be in the tree lawn where this is no less than six (6) feet
between the edge of the sidewalk and the curb of the street. Street
trees shall be planted no closer than three (3) feet from a sidewalk,
driveway or 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 curbs or curb
lines.
C.
No street
tree shall be planted closer than ten (10) feet from any fireplug.
D.
Special
permission must be obtained from the community manager when planting
street trees within ten (10) feet of any point on a line on the ground
immediately below any overhead utility wire.
[Ord. No. 3200 §1, 11-20-2007]
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 enhance public
safety. All tree pruning and removal will be done in accordance with
the most current ANSI A 300 Tree and Shrub and Other Woody Plant Maintenance
standard practices.
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.
[Ord. No. 3200 §1, 11-20-2007]
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. 3200 §1, 11-20-2007]
No person shall remove any public tree without replacing such
tree with a tree or trees of equivalent dollar value in the vicinity
of the removed 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 Committee. If no suitable location exists in the vicinity of
the tree removed or if the replacement tree is of lesser value, the
person causing the tree to be removed shall make a compensatory payment
to the City equal to the difference in value between the tree removed
and any replacement tree. Such compensatory payment shall be paid
into a fund established by the Director of Finance and used solely
for the purpose of enhancing the community forest.
[Ord. No. 3200 §1, 11-20-2007]
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 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.
[Ord. No. 3200 §1, 11-20-2007]
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.
[Ord. No. 3200 §1, 11-20-2007]
The City shall have the right to cause to be removed a tree
within the City that is dead or has been declared hazardous. 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 manager.
[Ord. No. 3200 §1, 11-20-2007]
It shall be unlawful for any person to prevent, delay or interfere
with the Community Forest Manager, Tree Committee or any of its representatives
or agents while engaging in and about planting, cultivating, mulching,
pruning, spraying or removing of any trees within the public community
forest.
[Ord. No. 3200 §1, 11-20-2007]
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.
[Ord. No. 3200 §1, 11-20-2007]
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. 3200 §1, 11-20-2007]
Any person, firm or corporation violating any provision or fails
to comply with any notice issued pursuant to the provisions of this
Chapter shall, upon conviction, be punished by a fine not exceeding
five hundred dollars ($500.00) or by imprisonment in the City or County
Jail for a term not exceeding ninety (90) days or by both such fine
and imprisonment.
[Ord. No. 3200 §1, 11-20-2007]
Persons or firms engaged in the business or occupations of pruning,
treating or removing any public tree, privately owned tree should
be recognized by the International Society of Arboriculture (ISA)
as a certified arborist (CA) or certified tree worker (CTW). All persons
or firms must carry evidence of liability insurance and Workers' Compensation.
No certification shall be required by any public employee doing such
work in the pursuit of their public service endeavors. It is suggested
that at least one (1) public employee attain ISA CA/CTW certification
and serve as reference for other public employees.
