[Ord. No. 6816 §1(Exh. A §1), 8-15-2005; Ord. No. 7553 §1(Exh. A), 10-20-2014]
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 Poplar Bluff, Missouri.
[Ord. No. 6816 §1(Exh. A §2), 8-15-2005; Ord. No. 7553 §1(Exh. A), 10-20-2014]
There is hereby designated a City Tree Board.
[Ord. No. 7553 §1(Exh. A), 10-20-2014]
It shall be the responsibility of the Board to work with the Administrator to study, investigate, counsel and develop and/or update as needed (or annually) a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees, shrubs and landscape elements along streets, and public areas. Such a plan will be presented to the City Council and upon its acceptance and approval shall constitute the official comprehensive city tree plan for the City of Poplar Bluff.
The Board when requested by the City Council, shall consider, investigate, make findings, report and make recommendations.
[Ord. No. 6816 §1(Exh. A §3), 8-15-2005; Ord. No. 7553 §1(Exh. A), 10-20-2014]
This Chapter provides full power and authority over all trees, plants and shrubs located within street rights-of-way, parks, riverine corridors and other public places of the City.
[Ord. No. 6816 §1(Exh. A §4), 8-15-2005; Ord. No. 7553 §1(Exh. A), 10-20-2014]
For the purpose of this Chapter, certain terms are hereby defined. Words used in the present tense include the future; the singular number shall include the plural and the plural the singular; the word "building" shall include the words "structure" and "premises"; the word "shall" is mandatory and the word "may" is permissive; the words "used" or "occupied" shall be construed to include "intended," designed" or "arranged to be used or occupied"; the word "lot" includes the words "plot" or "parcel" and the word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual. Any word not herein defined shall be as defined in any recognized standard English dictionary.
- ACCESSORY BUILDING
- A subordinate building, the use of which is incidental to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use.
- ACCESSORY USE
- A subordinate use which is incidental to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use.
- An administrative official designated by the City Manager to enforce the provisions of this Chapter.
- AGRICULTURAL ACTIVITY
- Agricultural activity, including forests and forest products, harvest and management, dairy farming, livestock grazing and pasturage, truck gardening, the raising of crops, fruit and nursery stock, fish farms, animal kennels and fur-bearing animal farms and the harvesting, processing, packaging, packing, shipping and selling of products produced on the premises and incidental farm occupations and uses, such as machinery, farm equipment and domestic repair and construction, excluding commercial feed lots.
- A public or private thoroughfare which affords only a secondary means of access to abutting property.
- A specialist in the care and maintenance of trees.
- The City of Poplar Bluff, Missouri.
- One that contracts or is party to a contract for providing goods or services.
- The City Council of Poplar Bluff, Missouri.
- An open space more than one-half (1/2) surrounded by buildings.
- DEVELOPMENT PLAN
- A standard subdivision plat plus sites for proposed single-family, two-family and multiple-family dwellings, commercial development and other public and non-public uses, such as churches, schools, recreation centers, etc.; contours; significant features including watercourses, marshes, rock outcrops and miscellaneous buildings.
- A part of the City wherein regulations of this Chapter are uniform.
- An interest in land owned by another that entitles its holder to a specific limited use or enjoyment.
- All the property on one side of a street or highway, between two (2) intersecting streets (crossing or terminating) or for a distance of four hundred (400) feet on either side of a proposed building or structure, measured along the line of the street; or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead end of the street, but not including property more than four hundred (400) feet distant on either side of a proposed building or structure.
- The average level of the finished surface of the ground adjacent to the exterior walls of the building.
- LANDSCAPED AREA
- An area that is permanently devoted and maintained to the growing of shrubbery, grass, trees and other plant material.
- A parcel of land occupied or intended for occupancy by a use permitted in this Chapter, including one (1) main building with its accessory buildings, open spaces and parking spaces required by this Chapter and having its principal frontage upon a road or street.
- LOT, CORNER
- A lot abutting upon two (2) or more streets at their intersections.
- LOT, DEPTH
- The mean horizontal distance between the front and rear lot lines.
- LOT OF RECORD
- A lot or parcel of land, the plat or deed of which has been recorded prior to the adoption of this Chapter.
- LOT, WIDTH
- The width of a lot at the front yard line.
- NON-CONFORMING USE
- The lawful use of land or a building or a portion thereof, which use does not conform to the use regulations of the district in which it is located.
- OPEN AREA
- That part of a lot on which no part of a building or structure extends above the following elevations:
- 1. Two (2) feet above the highest curb elevation of the street or streets that bound the lot;
- 2. One (1) foot above the adjacent curb elevation for each one and one-fourth (1 1/4) foot the building or structure is set back from the street lot line, except that no portion of the structure shall exceed twelve (12) feet above the adjacent curb elevation. This provision shall not apply to walls or structures that do not extend more than four (4) feet above the adjacent curb elevation.
- PARKING LOT
- A parcel of land devoted to parking space.
- PARKING SPACE
- A surfaced area, enclosed or unenclosed, sufficient in size to store one (1) automobile no less than nine (9) feet wide and twenty (20) feet long, together with a driveway connecting the parking space with a street, road or alley and permitting ingress or egress of that automobile without the necessity of moving any other automobile.
- A broad landscaped thoroughfare.
- A young tree, vine, shrub or herb planted or suitable for planting.
- RIVERINE CORRIDOR
- The natural course, at normal flow, of the Black River and its tributaries plus an additional one-hundred (100) feet, measured horizontally, beyond such shoreline.
- A low, usually several-stemmed woody plant.
- A public way which affords the principal means of access to abutting property.
- STREET CENTER LINE
- A line halfway between the street lines.
- STREET LINE
- A dividing line between a lot and a contiguous street.
- Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Among other things, structures include buildings, walls, fences and signs.
- Rounding off or rounding over, which is defined as the removal of the main stem and/or 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.
- A woody perennial plant having a single, usually elongated, main stem generally with few or no branches on its lower part.
- A plant whose stem requires support and which climbs by tendrils or twining or creeps along the ground.
- An open space, other than a court on a lot, unoccupied and unobstructed from the ground upward.
- YARD, FRONT
- A yard across the full width of the lot extending from the front line of the main building to the front line of the lot. On corner lots the front yard shall face the shortest street dimension of the lot, except that if the lot is square or almost square, i.e., has dimensions in a ratio of from three to two (3:2) to three to three (3:3), then the front yard may face either street.
- YARD, REAR
- A yard extending the full width of the lot between a principal building and the rear lot line, except as otherwise provided in this Chapter.
- YARD, SIDE
- A yard between the main building and the side line of the lot and extending from the front yard to the rear yard line.
- YARD WIDTH AND DEPTH
- The shortest horizontal distance from a lot line to the main building.
[Ord. No. 6816 §1(Exh. A §5), 8-15-2005; Ord. No. 7553 §1(Exh. A), 10-20-2014]
It shall be unlawful for any person to engage in the business of planting, cutting, trimming, pruning, removing shrubs or vines within the City of Poplar Bluff without first producing evidence of licensing and knowledge of the pruning standards referenced in Section 430.080(E) before the Administrator of this Chapter.
It shall be unlawful for any person to engage in the business of application of pesticides in or on trees, shrubs, lawns or landscape without providing evidence of license and commercial pesticide applicator license issued by the Missouri Department of Agriculture.
Any person who, in the capacity of an independent contractor, contracts with any business, government entity, property owner or person to perform a particular job or jobs, whether the remuneration received for performing the job or jobs is on a cost plus basis, a flat sum basis or salary basis computed at so much per hour, shall pay a license tax of one hundred dollars ($100.00) per year; provided however, that no person shall be construed to be a contractor unless such person provided services on a reasonably continuous basis.
[Ord. No. 6816 §1(Exh. A §6), 8-15-2005; Ord. No. 7553 §1(Exh. A), 10-20-2014]
Before any license shall be issued, each applicant shall first file evidence of possession of liability insurance in the minimum amounts of three hundred thousand dollars ($300,000.00) for bodily injury or death and one hundred thousand dollars ($100,000.00) for property damage or combined single limit coverage of four hundred thousand dollars ($400,000.00) indemnifying the City of Poplar Bluff or any other person injured or damage resulting from the pursuit of such endeavor as herein described.
[Ord. No. 6816 §1(Exh. A §7), 8-15-2005; Ord. No. 7553 §1(Exh. A), 10-20-2014]
Before the development of commercial property occurs, the Administrator, City Building Inspector and City Planner will review landscaping plans and may require preservation and protection of existing trees and/or additional trees, shrubs and other plant material to be planted in any of the parking lots, parks and other public places abutting lands henceforth developed and/or subdivided.
[Ord. No. 6816 §1(Exh. A §8), 8-15-2005; Ord. No. 7553 §1(Exh. A), 10-20-2014]
Tree Species. The City Tree Board will develop and maintain a list of desirable trees for planting along streets in three (3) size classes: small, medium and large. A list of trees not suitable for planting will also be created and enforced by the Tree Board.
Spacing. The spacing of street trees shall be as follows: small trees, thirty (30) feet; medium trees, forty (40) feet; and large trees, fifty (50) feet; except in special plantings designed or approved by the Administrator.
Distance From Curb And Sidewalk. The distance trees and shrubs may be planted from curbs or curblines and sidewalks shall be as follows: small trees, two (2) feet; medium trees, three (3) feet and large trees, four (4) feet.
Distance from Street Corners and Fireplugs. No street trees shall be planted within twenty (20) feet of any street corner, measured from the point of nearest intersecting curb or curblines. No street tree shall be planted closer than ten (10) feet to any fire plug.
Pruning Standards. All work performed on public trees will be consistent with arboriculture principles and American National Standard Institute A300, Standards for Tree Care Operations.
It shall be unlawful as a normal practice for any person or firm 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 may be exempted from this Chapter at the determination of the Administrator, City Tree Board. City departments are authorized to top trees which could interfere with the delivery of utility services in emergency situations.
Utilities. No street trees other than those species referenced herein as small trees may be planted under or within fifteen (15) lateral feet of overhead utility lines. Trees may not be planted over or within eight (8) feet of underground water, sewer or other utility.
Public Tree Care.
The City shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, rights-of-way and public grounds, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds.
The City Tree Board 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 power lines, gas lines, water lines or other public improvements or is affected with any injurious fungus, insect or other pest. This does not prohibit the planting of street trees by adjacent property owners, provided that the selection and location of said trees is in accordance with Section 430.080.
[Ord. No. 6816 §1(Exh. A §9), 8-15-2005; Ord. No. 7553 §1(Exh. A), 10-20-2014]
Clearance over streets and walkways shall be the responsibility of the abutting property owner. 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 such trees on their own property.
No person shall plant, remove, cut above the ground or disturb any tree on any street, right-of-way, riverine corridor or other public place without first filing an application and procuring a permit from the Administrator. The person receiving the permit shall abide by the standards set forth in this Chapter.
Trees At Risk To Public Safety. The Administrator shall have the right to cause to be removed any tree within the City limits that has been declared a risk to public safety. Such trees are defined as trees with severe structural defects that pose a highly probably risk to the public. The City will notify in writing the owners of such trees. Removal is the responsibility of the owners of such trees and will be accomplished in the time limits set by the Administrator.
[Ord. No. 6816 §1(Exh. A §10), 8-15-2005; Ord. No. 7553 §1(Exh. A), 10-20-2014]
No person may perform any trimming, spraying, removal, planting, pruning, cutting or otherwise treating trees, shrubs, vines or other plants on public property without first obtaining a permit from the Administrator. A fee of twenty-five dollars ($25.00) per year shall be assessed for the permit.
[Ord. No. 6816 §1(Exh. A §11), 8-15-2005; Ord. No. 7553 §1(Exh. A), 10-20-2014]
The Administrator or his/her designee shall have the power to promulgate and enforce rules, regulations and specifications concerning the trimming, spraying, removal, planting, pruning and protection of trees, shrubs, vines, hedges and other plants upon the right-of-way of any street, alley, sidewalk or other public place in the City. Each rule, regulation, and specification developed by the Administrator or his/her designee or amendment to this Chapter shall be presented to the City Tree Board for review and recommendation to the City Council for adoption or rejection.
[Ord. No. 6816 §1(Exh. A §12), 8-15-2005; Ord. No. 7553 §1(Exh. A), 10-20-2014]
Any person who violates any provision of this Chapter or who fails to comply with any notice issued pursuant to provisions of the Chapter, upon being found guilty of violation, shall be subject to a fine not to exceed five hundred dollars ($500.00) for each separate offense. Each day during which any violation of the provisions of this Chapter shall occur or continue shall be a separate offense.
If, as a 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 in accordance with the latest revision of Guide for Plant Appraisal by Council of Tree and Landscape Appraisers.
Assessment Of Claim. In the event that a nuisance is not abated by the date specified in the notice, the Administrator is authorized to cause the abatement of said nuisance. The reasonable cost of such abatement shall be filed as a lien against the property on which the nuisance was located. In addition, the owner of the property upon which the nuisance is located shall be subject to prosecution.
The City Council will have the right to review the conduct, acts and decisions of the City Tree Board and Administrator. Any person may appeal from any ruling or order of the City Tree Board to the City Council who may hear the matter and make final decisions.
[Ord. No. 7553 §1(Exh. A), 10-20-2014]
It shall be unlawful for any person to prevent, delay or interfere with the City Tree Board, or any of its agents while engaging in and about the planting, cultivating, mulching, pruning, removing, spraying, watering or removal of any street trees or trees on private grounds as authorized in this Chapter.