[Ord. No. 663 §1(30.110), 2-9-2004]
This Chapter shall be known and may be cited as the "Oakland Tree Preservation Ordinance" of the City of Oakland, Missouri.
[Ord. No. 663 §1(30.111), 2-9-2004]
Purpose. It is the purpose of this Chapter to promote and protect the public health, safety and general welfare at new construction sites by providing for the regulation of the planting, protection, maintenance and removal of trees within the City of Oakland, Missouri.
Intent. It is the intent of the Board of Aldermen of the City of Oakland that the terms of this Chapter shall be construed so as to promote the planting, maintenance, restoration, protection, preservation and survival of desirable trees within the City.
[Ord. No. 576 §5(24-20), 12-22-1998; Ord. No. 663 §1(30.112), 2-9-2004]
The definitions provided shall be used throughout this Chapter:
- BOARD OF ALDERMEN
- The Board of Aldermen of the City of Oakland, Missouri.
- The diameter of a tree measured at six (6) inches above ground.
- CERTIFIED ARBORIST
- An individual with a four (4) year college degree in forestry, horticulture, landscape architecture or a closely related field and with a valid "Certified Arborist" designation from the International Society of Arboriculture.
- DIAMETER (DBH)
- The diameter of a tree at breast height, which shall be measured at four and one-half (4½) feet above ground.
- LANDMARK TREES
- A tree in fair or better condition, which equals or exceeds the diameter sizes as follows:
- Large hardwoods (oaks, hickories, etc.) — 24" DBH;
- Large softwoods (pines, spruces, etc.) — 20" DBH;
- A tree in "fair or better" condition is defined as a tree having a normal life expectancy, a relatively sound and solid trunk with no extensive decay, no more than one (1) major and several minor dead limb (hardwoods only) and no major insect or disease problems. A lesser sized tree can be considered a landmark tree if it is a rare or unusual species, of exceptional quality or of historical significance. Landmark trees may be designated by the Board of Aldermen.
- LANDSCAPE MANUAL
- That manual that delineates and identifies all areas to be maintained by such landscape company or companies with which the City contracts from time to time. The landscape manual shall provide specifications for the planting and replanting of such areas, the common and botanical names of the proposed species to be planted, the number of plants of each species, the size of the plants to be used and such other details as the Tree and Landscape Commission determines from time to time to be necessary.
- LANDSCAPE PLAN
- A plan that identifies areas of tree preservation and methods of tree protection within the protected zone, as well as all areas of replanting. Within replanting areas, the common and botanical names of the proposed species, the number of plants of each species, the size of all plant materials, the proposed location of all plant materials and any unique features of the plant materials shall be indicated.
- LIMIT OF DISTURBANCE
- A line as shown on the site plan and tree preservation plan that identifies the limit of construction, grading or excavation activity of any kind. This line will typically delineate the tree preservation area.
- ORDINANCE ENFORCEMENT OFFICIAL
- The qualified designated official of the City of Oakland, Missouri, or their designated representative assigned to carry out the enforcement of this Chapter.
- PARK TREES
- Trees in public parks having individual names and all areas owned by the City or to which the public has free access as a park.
- PRIVATE TREES
- Trees on privately owned property within the City of Oakland to which the public has no free access.
- PROPERTY OWNER
- The record owner or contract purchaser of any parcel of land.
- STREET TREES
- Trees on land lying between the edge of the pavement and the contiguous right-of-way or easement line of any street within the City.
- A woody plant typically growing as a single stem (rarely a multiple stem) in an upright form, that will attain a mature height of at least fifteen (15) feet and a diameter (measured at four and one-half (4.5) foot above ground) of at least two (2) inches.
- TREE CANOPY COVERAGE
- The area of ground taken up when measuring the branch spread of a tree from branch tip to branch tip or the area covered by a group or cluster of trees with contiguous (or nearly contiguous) canopies.
- TREE PERMIT
- A permit obtained from the City of Oakland under the following guidelines:
- Application will be made by the property owner or developer to the Ordinance Enforcement Official for the removal of any tree on private property when the removal is associated with any activity requiring a site plan approval or for construction of a new primary structure.
- TREE PRESERVATION AREA
- The tree canopy coverage on a site proposed for development that will not be disturbed by grading or storage of materials or disturbance of any kind. Tree preservation area is a "no-violation" zone that is typically bordered by the limit of disturbance line.
- TREE PRESERVATION PLAN
- The TPP shall include a statement of the subject property's zoning district, site area, wooded area, clearing limits, percentage of tree canopy saved, percentage of tree canopy planted, total tree canopy of property and proposed structure to be built. There shall also be submitted a survey/graphic representation (aerial photograph is acceptable) of the subject property complete with property lines (solid), setback lines (dashed), existing tree line (scalloped), clearing/disturbance limits including driveway, home, yard area and septic area if applicable (heavy solid), all existing easements with width (in feet) and easement holder names; and all existing and proposed structures. Scale, north arrow and surveyor's information shall also be included.
[Ord. No. 663 §1(30.113), 2-9-2004)2-9-04]
On private property, a tree permit is required from the Ordinance Enforcement Official for the removal of any healthy trees when the tree removal is associated with construction or development that requires site plan approval or for the construction of a new primary structure. The property owner or developer will make application. The removal of diseased or dead trees and trees which are a public nuisance is exempt. The property owner or developer must apply for the tree permit. An application for a tree permit shall include the following:
A tree preservation plan (TPP — see definitions) and a site development plan (if applicable) to the Ordinance Enforcement Official.
The applicant shall post a surety or cash escrow for the benefit of the City of Oakland to account for trees that die or are damaged beyond repair, as a result of grading or construction damage within a two (2) year period after the issuance of the final occupancy permits. The amount of the surety required shall be in the amount of two thousand dollars ($2,000.00) for each acre of the tree preservation area or ten thousand dollars ($10,000.00), whichever is more. (The escrow is not required for applicants building on single-family residential zoned lots.)
All tree removal permit requests shall be reviewed by the Ordinance Enforcement Official for compliance with these regulations and either approved, approved with conditions, returned for revisions or denied within forty-five (45) days of receipt. Any failure to respond within forty-five (45) days shall be deemed a denial. Approval will be based upon the reasonable efforts to preserve trees on the site as determined by the Ordinance Enforcement Official.
Denial Of Tree Removal Permit — Right Of Appeal. In the event the Ordinance Enforcement Official denies a tree permit application associated with development activities, the applicant may appeal such decision to the Board of Adjustment.
Required Tree Protection. No more than seventy percent (70%) of the existing tree canopy coverage may be cleared or developed. The remaining thirty percent (30%) shall be maintained without disturbing the roots of trees in the protected area. Any trees removed during development that exceeds the thirty percent (30%) canopy protection provision are subject to the replacement provisions outlined in Subsection (D) below.
Required Tree Replacement. Replacement of trees is required when the tree protection requirements in Subsection (C) above cannot be met. Tree replacement shall occur in a sufficient quantity to create a tree canopy coverage on the site equal to thirty percent (30%) of the existing tree canopy coverage. New trees to be planted shall be no less than two (2) inches in caliper (measured at six (6) inches above the ground) and no greater than four (4) inches in caliper unless otherwise approved by the Ordinance Enforcement Official. Each newly planted tree will account for two hundred (200) square feet of tree canopy coverage towards the required replanting. If sufficient space on-site is not available for replanting the required number of trees, the Ordinance Enforcement Official may permit the applicant to provide for the deficiency as a fee payable to the City of Oakland at a monetary value of one hundred twenty dollars ($120.00) per tree.
Replacement Standards. All replacement plantings will be performed according to the latest standards set forth by the International Society of Arboriculture and as approved by the Ordinance Enforcement Official. In such cases that all replacement trees cannot be planted on site (at the discretion of the Ordinance Enforcement Official), the trees can be planted on other sites in the City of Oakland that are approved by the Ordinance Enforcement Official or at the discretion of the Ordinance Enforcement Official a payment can be made to the City of Oakland that will be used for the planting of trees on City-owned property.
Prior to issuing any permits, should any preserved tree die or become damaged as a result of grading or construction, the owner/developer will pay an assessment equal to the value of the trees that die, are damaged beyond repair or are removed. The value of the trees will be determined using the International Society of Arboriculture's methodology of tree appraisal. (Copies available from ISA at PO Box 3129; Champaign, IL; www.isa-arbor.com). The City will withhold any permits until the assessment is paid. Assessments will be paid from any existing sureties or escrows if available.
Within a two (2) year period after the permit is issued, the owner/developer shall replace protected trees that die or are damaged beyond repair as a result of grading or construction damage as determined by a certified arborist. Failure to plant successfully shall constitute a default and the City of Oakland shall be entitled to proceed against the surety or escrow. Replacements will be planted on site unless the density of the planting becomes unreasonable. In such cases that all replacement trees cannot be planted on site (at the discretion of the Ordinance Enforcement Official), the trees can be planted on other sites in the City of Oakland that are approved by the Ordinance Enforcement Official or at the discretion of the Ordinance Enforcement Official a payment can be made to the City of Oakland that will be used for the planting of trees on City-owned property.
[Ord. No. 576 §5(24-22), 12-22-1998]
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 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 Article at the determination of the City Official to whom such duty has been or may be delegated. See Section 520.010.
[Ord. No. 576 §5(24-25), 12-22-1998]
The Ordinance Enforcement Official has the authority to enter onto private property whereon there is located a tree, shrub, plant or plant part that is suspected to be public nuisance and to order its removal if necessary. For purposes of this Section, a public nuisance shall be any tree with an infectious disease or insect problem; dead or dying trees; a tree or limb(s) that obstruct street lights, traffic signs, the free passage of pedestrians or vehicles; or a tree that poses a threat to public safety. Such nuisances shall be abated according to the procedures of Chapter 215 of the Code.
[Ord. No. 663 §1(30.113), 2-9-2004]
Any person who violates any provision of this Chapter or who fails to comply with any notice issued pursuant to the provisions of this Chapter, upon being found guilty of violation, shall be subject to a fine not to exceed two hundred dollars ($200.00) for each separate offense. Each day during which any violation of this provision of this Chapter shall occur or continue shall be a separate offense. If, as the result of the violation of any provision of this Chapter, the injury, mutilation or death of a tree, shrub or other plant located on City-owned property is caused, the cost of repair or replacement of such tree, shrub or other plant shall be borne by the party in violation. The replacement value of trees and shrubs shall be determined by a local consulting arborist using the latest revision of A Guide to the Professional Evaluation of Landscape Trees, Specimen Shrubs and Evergreens as published by the International Society of Arboriculture. The consulting arborist's fees will be included in the cost of replacement.