[Ord. No. 1323 §I, 7-9-2001]
For the purposes of this Chapter, the following terms, phrases,
words and their derivations shall have the meanings given herein;
when not inconsistent with the context, words used in the present
tenses include the future and words in the singular number include
the plural number; the word "shall" is always mandatory
and not merely directory.
The director or designee of any City department authorized
and empowered by the Board of Aldermen or City Administrator to review
and determine decisions relative to recommendations made by the City
Tree Board.
The City of Oak Grove, Missouri, and includes any department
or subdivision thereof.
Includes line, cable, conduit or conductor.
Trees and other woody vegetation on public park grounds and
those on areas owned or maintained by the City.
Any public or private individual (other than owner/resident),
group, company, firm, corporation, partnership, association, society
or any other combination of human beings, whether legal or natural.
To alter, trim or cut a tree in accordance with generally
accepted conservation pruning techniques. In this Chapter, such practices
may include pruning certain branches beyond the six (6) foot easement
or further than six (6) feet from a line. In the case of "certain
trees", pruning may be performed in such a manner so as to obtain
a ten (10) foot horizontal clearance; and as it applies to "other
trees", a horizontal clearance of six (6) feet.
The actual removal or causing the effective removal through
damaging or other direct or indirect actions resulting in the death
of trees.
Trees and other woody vegetation on land lying between property
lines on either side of all streets, avenues, boulevards or parkways
within the City.
A restricted use pesticide that requires a municipal, County,
State and/or Federal license and/or permit to purchase and/or administer.
Any substance that is of a carbon base and is manmade.
Any self-supporting, woody plant together with its root system,
growing upon the earth usually with one (1) trunk of at least two
(2) inches in diameter at a height of four (4) feet above the ground
or a multi-stemmed trunk system with a definitely formed crown.
Those which have rapid growth, weak branching habits or brittle
wood together with those trees that due to form, damage or disease
are hazardous to the line or public safety including, but not limited
to, Siberian (Chinese) elm — Ulmus pumila; silver (soft) maple
— Acer saccarinum; Bradford Pear; green ash — Fraxinus
americana; box-elder — Acer negundo; tree-of-heaven —
Ailantus altissima; cottonwood — Populus deltoides; lombardi
poplar — Populus lombardi; black locust — Robinia pseudoaccia;
willow — Salix sp.
Those trees not included in the meaning or intent of the
definition of "certain trees" above.
[Ord. No. 1323 §III, 7-9-2001]
A.
Intent. It shall be the intent of this Chapter through the
maintenance, placement, planting, preservation and protection of trees
to: aid in the stabilization of soil by the prevention of erosion
and sedimentation; reduce stormwater runoff and the cost associated
therewith; provide a buffer and screen against noise pollution; provide
protection against severe weather, provide shade, protect and increase
property values; protect the citizens of the City from the dangers
of harmful chemicals; conserve and enhance the City's physical and
aesthetic environment; and generally protect and enhance the quality
of life and the general welfare of the City and its residents.
B.
Public Tree Care. The City shall have the right to plant,
prune, maintain and remove trees and/or other woody vegetation within
the right-of-way lines of all Oak Grove streets, avenues, boulevards
or parkways and on public park grounds or on areas owned or maintained
by the City. This provision shall preserve and enhance the symmetry
and beauty of such City-owned or maintained grounds. The City may
remove or cause or order to be removed any tree or part thereof which
is in an unsafe condition or which is injurious to utility lines or
public improvements or is affected with any injurious fungus, insect
or other pest.
C.
Tree Topping. 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 unless otherwise provided by
law. "Topping" is defined as the severe cutting back
of limbs to stubs larger than three (3) inches in diameter 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 pruning practices are impractical may be exempted from this
Chapter at the determination of the City Tree Board.
D.
Pruning, Corner Clearance. Every owner of any tree overhanging
any street or right-of-way within the City shall prune the branches
so that such branches shall not obstruct the light from any street
lamp or obstruct the view of any street intersection and so that there
shall be a clear space of eight (8) feet above the surface of the
street or sidewalk. Said owners shall remove all dead, diseased or
dangerous trees or broken or decayed limbs which constitute a menace
to the safety of the public. The City shall have the right to prune
any tree or shrub on private property when it interferes with the
proper spread of light along the street from a street light or interferes
with visibility of any traffic control device or sign.
E.
Dead Or Diseased Tree Removal On Private Property. The City
shall have the right to cause the removal of any dead or diseased
trees on private property within the City when such trees constitute
a hazard to life and property or harbor insects or disease which constitute
a potential threat to other trees within the City. The City will notify
in writing the owners of the trees. Removal shall be done by said
owners at their own expense within sixty (60) days after the date
of service of notice. In the event of failure of owners to comply
with such provisions, the City shall have the authority to remove
such trees and charge the cost of the removal to the owners directly
or by lawful property lien or other authorized measures.
F.
Street Tree Species To Be Planted. The following list constitutes
the official street tree species for the City. No species other than
those included in this list may be planted as street trees without
the written permission of the City Tree Board.
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Small Trees
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Medium Trees
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Large Trees
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Apricot
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Ash — Green
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Coffee tree — Kentucky
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Golden Rain Tree
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Hackberry
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Maple — Sugar
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Hawthorne
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Oak — English
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Sycamore
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Redbud, Soapberry
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Pagoda tree — Japanese
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White Oak
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Peach — Flowering
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Pecan
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Bur Oak
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Plum — Purple leaf
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Birch — River
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Scarlet Oak
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Serviceberry
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Oak — Red
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Red Oak
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Persimmon
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Chinquapin Oak
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Poplar — White
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Overcup Oak
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Shingle Oak
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Shumard Oak
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Black Oak
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Post Oak
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G.
Spacing. The spacing of street trees will be in accordance
with the three (3) species size classes listed above and no trees
may be planted closer together than the following: small trees, thirty
(30) feet, medium trees, forty (40) feet and large trees, fifty (50)
feet; except in special plantings designed or approved by a landscape
architect with the approval of the City.
H.
Distance From Curb And Sidewalk. The distance a tree may be planted from curb or curb lines will be in accordance with the three (3) species size classes listed in Subsection (F) of this Section and no trees may be planted closer to any curb than the following: small trees, two (2) feet, medium trees, three (3) feet and large trees, four (4) feet. No trees may be planted closer than seven (7) feet to any sidewalk.
I.
Distance From Street Corners And Fireplugs. No street tree
shall be planted within the triangular area bounded by pavement lines
and a line connecting the two (2) points of edge of street pavement
twenty-five (25) feet from point of intersection of the projected
lines of street pavements. No street tree shall be planted closer
than ten (10) feet to any fireplug.
J.
Utilities. No street tree other than those species listed as small trees in Subsection (F) of this Section may be planted under or within ten (10) lateral feet of any overhead utility wire or over or within five (5) lateral feet of any underground water line, sewer line, transmission line or other utility.
K.
Use Of Dangerous Substances Prohibited.
1.
It shall be unlawful for any person to use a dangerous substance
within the City limits for purposes of controlling the growth of tree
foliage, trimming of branches and/or removal of stumps.
2.
It shall be unlawful for any person having rights in a utility easement
to use any substances of organic synthesis for the purposes of controlling
the growth of foliage, trimming of branches and/or removal of stumps.
[Ord. No. 1323 §IV, 7-9-2001]
This Chapter is intended to place reasonable restrictions on
the activities herein defined and as herein set out but does not constitute
an excuse, permission or justification for the invasion of private
rights whether or not such act is in compliance with this Chapter.
[Ord. No. 1323 §V, 7-9-2001]
Any person, corporation or other officer, agent or employee
of such corporation or its contractor who, having authority to do
so, shall authorize, direct, permit or allow the performance of any
of the acts prohibited by this Chapter shall be deemed to be in violation
of this Chapter as a principal.
[Ord. No. 1323 §VI, 7-9-2001]
Nothing in this Chapter shall be deemed to impose any liability
upon the City or upon any of its officers or employees nor to relieve
the owner and occupant of any private property from the duty to keep
trees and shrubs upon private property or under their control in a
safe condition.
[Ord. No. 1323 §VII, 7-9-2001]
Any person who shall violate, fail, neglect or refuse to comply
with any provisions of this Chapter shall be subject, upon conviction,
to a fine not to exceed five hundred dollars ($500.00) per occurrence.
