[Ord. No. 07012013B §1, 7-1-2013]
This Chapter will be known as the "Tree Maintenance Code" and
may be cited as such, and will be referred to in this Chapter as the
"Code."
[Ord. No. 07012013B §1, 7-1-2013]
A.
This Chapter establishes policies, regulations, and standards necessary
to ensure that the City will realize the benefits provided by its
urban forest.
B.
The purpose of this Code is to protect the public health, safety
and general welfare of Peculiar residents by requiring trees to be
maintained in a healthy and non-hazardous condition through good arboriculture
practices. These general objectives include, among others, the following
specific purposes:
1.
To ensure the safety of residents and trees using nationally
accepted standards in tree care and planning of the urban forest.
2.
To reduce resident exposure to potential hazardous conditions
in the event of damaging storms.
3.
To protect the character of residential, commercial and public
areas.
4.
To preserve and improve the value of the property throughout
the City.
5.
To provide mechanisms for the enforcement and administration
of the Code to ensure that the above purposes are accomplished.
[Ord. No. 07012013B §1, 7-1-2013]
A.
In any case where a provision of the Code is found to be in conflict
with a provision of any other ordinance or other legislation of the
City existing on the effective date of the Code, the provision which
establishes the higher standard for the promotion and protection of
the safety and health of the people shall prevail.
B.
In any case where a determination of definition or identification
of tree hazard is needed, the opinion of the City Arborist or his
designee shall prevail.
[Ord. No. 07012013B §1, 7-1-2013]
For the purpose of this Chapter, the following words and phrases
shall have the following interpretation and/or meanings indicated
below:
A City staff member designated by the City Administrator
to carry out the enforcement of this Chapter.
Any trees, bushes, shrubs, and all other woody vegetation
growing on privately owned land, including those trees planted between
the sidewalk and street.
Any trees, bushes, shrubs and all other woody vegetation
growing on any publicly owned land except a street right-of-way.
The cutting or removing of fifty percent (50%) or more of
a crown, trunk or root system of a tree, or any action which results
in the loss of aesthetic or physiological viability or causes a tree
to fall or be in immediate danger of falling.
Removing the vertical leader stems and cutting tree limbs
back to a stub, bud or a lateral branch not large enough to assume
a terminal role and without regard for natural tree shape, resulting
in decay of the trunk and/or main branches and sprout production.
Usually involves removing more than one-third (1/3) of the tree canopy.
A written plan for the care, preservation, pruning, planting,
replanting, removal or disposition of trees.
[Ord. No. 07012013B §1, 7-1-2013]
A.
There is hereby created and established a Tree Board for the City
of Peculiar, Missouri.
B.
The Tree Board shall exist under the jurisdiction of the Park Board
and shall be a subcommittee of said board.
C.
The Tree Board shall consist of three (3) or more individuals serving
on the Park Board (whose members are appointed by the Mayor), and
two (2) at-large members appointed by the Mayor. The City shall have
no more than two (2) representatives, (the City Arborist and the Parks
and Recreation Director or his/her designee), serving on the Tree
Board. The Tree Board shall be limited to no more than five (5) total
members and two (2) City staff representatives as defined above.
D.
Term limits for the at large seats appointed by the Mayor shall be
three (3) years from the time of appointment. Term limits for the
appointed members of the Park Board shall fall within the limits of
their Park Board appointments as established by the Mayor.
E.
The City Tree Board shall have the following duties:
1.
To beautify the appearance of the City of Peculiar by promoting
and encouraging the responsible planting, care, replacement, and maintenance
of trees in the City.
2.
To study, investigate and counsel the Board of Aldermen regarding
the care, preservation, pruning, planting, replanting, removal or
disposition of trees.
3.
To provide educational materials and programs to the public
concerning the advantages of trees and the planting and maintenance
of all trees within the community.
4.
To provide a written tree management plan and to update such
plan as needed. The tree management plan shall include goals for City
arboriculture efforts and information on tree trimming requirements,
i.e., clearance distances.
5.
To assist in the supervision of a memorial tree program, including
the selection, purchase, placement, and maintenance of trees suitable
for planting in Peculiar's public parks and/or arboretum. Monetary
gifts or donations to participate in the memorial tree program shall
be received by the City Finance Department and shall be placed in
an appropriate fund within the Parks and Recreation Department budget
for the purposes of the City Tree Board activities.
6.
To assist the City in preparing the annual Arbor Day proclamation
and observance.
7.
To assist the City in becoming certified as a Tree City USA.
[Ord. No. 07012013B §1, 7-1-2013]
The City of Peculiar, 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 by the
City Arborist to reflect new developments or species that will affect
the population of the community forest.
[Ord. No. 07012013B §1, 7-1-2013]
B.
There shall be at least one (1) street tree provided per lot, unless
the lot is less than fifty (50) feet in width. Street trees shall
provide a caliper measurement of between one and one-half (1 1/2)
and two and one-half (2 1/2) inches measured six (6) inches above
the ground at the time of planting.
C.
Tree spacing shall be as follows:
1.
Major streets.
|
Design Speed
(miles per hour)
|
Tree Spacing
(feet)
| |
|---|---|---|
|
25
|
35 to 40
| |
|
30
|
40 to 45
| |
|
35
|
45 to 50
| |
|
40
|
55 to 60
| |
|
45
|
60 to 70
| |
|
50
|
70 to 80
| |
|
55
|
80+
|
2.
Non-major streets.
a.
Small trees shall be separated thirty (30) feet to thirty-five
(35) feet from the nearest existing tree and forty (40) feet from
other street trees.
b.
Medium trees shall be spaced forty (40) feet to forty-five (45)
feet from the nearest existing tree and forty-five (45) feet from
other street trees.
c.
Large trees shall be spaced fifty (50) feet to fifty-five (55)
feet from the nearest existing tree and fifty-five (55) feet from
other street trees.
D.
Street trees shall be planted on the City right-of-way and shall
generally be located to avoid conflicts with traffic control signs,
sight triangles, above- and below-ground utilities and existing trees.
E.
The subdivider shall contact the City Planner for the species of
street trees for each street. The same species of tree shall not be
used on streets which are generally parallel and within five (5) blocks
of each other, unless otherwise approved by the City Planner.
[Ord. No. 07012013B §1, 7-1-2013]
A.
The City shall have the right to plant, prune, maintain and remove
public trees to insure public safety or to enhance the symmetry and
beauty of such public areas.
B.
The City may remove or cause or order to be removed, any tree or
part thereof presenting an unsafe condition or which by reason of
its nature affects the safe operation and maintenance of sewers, water
lines, electric power lines or other public improvements, or is affected
with any injurious fungus, insect or other pest.
C.
All public tree maintenance shall conform to the ANSI A300 standards
for tree care operations.
[Ord. No. 07012013B §1, 7-1-2013]
A.
It shall be the duty of any person or persons owning or occupying
real property bordering on any street upon which property there may
be trees, to prune such trees in such a manner that they will not
obstruct or shade the street lights, obstruct the passage of pedestrians
on sidewalks, obstruct vision of traffic signs or obstruct views of
any street or alley intersection. There shall be a clear space of
thirteen (13) feet above street surfaces or eight (8) feet above sidewalk
and pedestrian trail surfaces.
B.
It shall be the duty of any person or persons owning or occupying
real property bordering on any street, park or other public land,
on which there may be trees that are diseased or insect-infested,
to remove, spray or treat such trees in such a manner that they will
not infect or damage nearby public vegetation or cause harm to the
community or citizens therein.
C.
The City Administrator, upon the recommendation of the City Arborist,
may order trees on private land that cause obstructions or present
insect or disease problems or otherwise present a danger to public
health or safety be pruned, removed or treated.
D.
Procedure for Tree Work Order.
1.
The City will notify in writing the owners of the land upon
which such trees are located. Pruning, removal, or treatment shall
be done by said owners at their own expense within sixty (60) days
after the date of service of notice.
2.
In the event of failure of the owners to comply with such provisions,
the City shall have the authority to prune, remove, or treat such
trees and charge the cost of such services to the property owner.
If the charges remain unpaid after thirty (30) days from mailing of
a notice of such charges by first class mail to the property owner,
the actual charges shall be certified by the City Clerk to the County
Clerk and collected as other general property taxes are collected.
3.
If the City Administrator, upon recommendation of the City Arborist,
determines that a private tree causes an obstruction, presents an
insect or disease problem, or otherwise poses an immediate threat
to public health or safety, the City Administrator shall have the
authority to order City staff to remedy the dangerous condition immediately,
at City expense, and without written notice to the property owner.
[Ord. No. 07012013B §1, 7-1-2013]
It shall be unlawful for any person or firm to engage in the
business or occupation of pruning, treating or removing public or
private trees within the City without first applying for and procuring
a City occupational license.
[Ord. No. 07012013B §1, 7-1-2013]
Nothing in this Chapter shall be deemed to impose any liability
for damages or a duty of care and maintenance upon the City or upon
any of its officers or employees, nor to relieve the owner of any
private property from the duty to keep any tree, shrub or plant upon
any street area on his property or under his control in such a condition
as to prevent it from constituting a hazard or an impediment to travel
or vision upon any street, park, pleasure ground, boulevard, alley
or public place within the City. The person in possession of or the
owner of any private property shall have a duty to keep the trees
upon the property and under their control in a safe and healthy condition.
[Ord. No. 07012013B §1, 7-1-2013]
It shall be unlawful as normal practice for any person, firm
or City department to top any public tree unless permitted by State
Statute. Crown reduction by a qualified arborist may be substituted,
where appropriate. 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 Tree Board.
[Ord. No. 07012013B §1, 7-1-2013]
It shall be unlawful for any person other than officials, agents and employees of the City to remove public trees or shrubs or to remove or plant trees or shrubs in City parks or on City property without the written approval of the City as established in the Peculiar Municipal Code, Title II, Public Health, Safety and Welfare, Section 210.420.
[Ord. No. 07012013B §1, 7-1-2013]
No person shall intentionally damage, deface, cut, carve, transplant or remove any public trees or shrubs; attach any rope, wire, nails, advertisements, posters or other contrivance to any trees or shrubs; allow any gases, liquid or solid substance which is harmful to such trees or shrubs to come into contact with them; or set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any tree or shrub as established in the Peculiar Municipal Code, Title II, Public Health, Safety and Welfare, Section 210.430.
[Ord. No. 07012013B §1, 7-1-2013]
No person shall hinder, prevent, delay or interfere with the
City Tree Board, City Arborist, or City Administrator while engaged
in carrying out the execution or enforcement of this Chapter.
[Ord. No. 07012013B §1, 7-1-2013]
The City Arborist 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. 07012013B §1, 7-1-2013]
No person shall remove any public tree without replacing such
tree with a tree or trees of equivalent dollar in the vicinity of
the removed tree. The value of trees shall be determined by the City
Arborist in accordance with regulations considering the species, location,
size and condition of trees based on State forestry standards or current
arboriculture standards. 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, or damaged with extensive
root cutting, herbicides, soil compaction, and/or topping, shall make
a compensatory payment to the City equal to the difference in value
between the tree removed or damaged and any replacement tree. Such
compensatory payments shall be received by the City Finance Department
and shall be placed in an appropriate fund within the Parks and Recreation
Department budget for the purposes of the City Tree Board activities.
[Ord. No. 07012013B §1, 7-1-2013]
Any person, firm or corporation violating or failing to comply with any of the provisions of this Chapter shall be, upon conviction or a plea of guilty, subject to the general penalty as outlined in the Peculiar Municipal Code, Title II, Public Health, Safety and Welfare, Chapter 210, Offenses.
