[Ord. No. 1216 §1, 8-17-2015]
As may be used in this Chapter or for further clarification,
the following terms shall have these prescribed meanings:
The diameter of a tree six (6) inches above ground.
The official representative of the City of Troy, Missouri,
appointed by the Board of Aldermen and as such is responsible for
administration of the community forest program.
A tree which is typically evergreen, such as pine, spruce,
fir or hemlock.
A tree which typically loses its leaves in the fall (autumn).
Trees with severe structural defects or splits.
Trees with severe structural defects or splits.
Trees, shrubs, bushes and all other woody vegetation in public
parks to which the public has free access.
All street trees, park trees and other trees, shrubs and
plants on property owned by the City of Troy.
The approved list for small, medium and large street and
park trees.
Trees, shrubs, bushes and all other woody vegetation on land
lying between the property lines on either side of all streets within
the City of Troy, Missouri, right-of-way.
Responsibility will include study, review, investigation
and advice to the Community Forest Manager concerning the care, preservation,
pruning, planting, replanting, removal or disposition of all trees
and shrubs in parks, along streets and in other public areas.
Determined by who the owner of the property is where the
tree trunk touches the ground. Once a tree is installed on public
owned property (no matter who installs the tree), the tree belongs
to the City. For liability reasons, when a tree is located on the
property line (public/private property line), the tree belongs to
the public entity.
The drastic removal or cutting back of large branches in
mature trees leaving large, open wounds which subjects the tree to
disease and decay. Topping causes immediate injury to the tree and
results in early death of the tree.
[Ord. No. 1216 §1, 8-17-2015]
A.
Purpose. 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. It is also to manage the
City of Troy's urban forest in a strong, healthy condition for
today and the future.
B.
Intent. It is the intent of the Board of Aldermen
of the City of Troy, Missouri, 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. The protection of
community residents from personal injury and property damage and the
protection of the City from property damage caused or threatened by
the improper planting, maintenance or removal of trees, shrubs or
other plants located within the community.
2.
The planting and maintenance of trees and all other woody vegetation
will provide a significant impact to the environment in the form of
stormwater and erosion control, air quality, wildlife habitat and
energy conservation.
[Ord. No. 1216 §1, 8-17-2015]
A.
City Authority. The City of Troy Parks Director
(hereafter called "Community Forest Manager") shall be responsible
for and set the written policy regarding trees located on City-controlled
property. The Park Board (hereafter called the "Tree Board") will
function as the representatives of the residents of the City and,
when called upon, review the policy and practice of the City to make
recommendations regarding stated and actual tree practices.
1.
Compensation. Members of the Tree Board shall
serve without compensation.
2.
Terms. The terms of the persons appointed by
the Mayor shall be that of their term on the Park Board.
3.
Vacancies. In the event a vacancy occurs due
to death, resignation or removal, his successor shall be appointed
for the unexpired portion of the term.
4.
Duties. The Community Forest Manager and the
Tree Board will develop a management plan for the planting, care,
cultivation, pruning and removal of trees, shrubs and plants located
on City property. The plan may include provisions designating the
species of trees, shrubs and plants to be planted, preserved and removed
or replaced.
[Ord. No. 1216 §1, 8-17-2015]
A.
Street Edge And Sidewalk Distance. Street trees
may be planted in the tree lawn area where there is a minimum of twelve
(12) feet between the street edge of the sidewalk and curb of the
street.
B.
Street Corner/Intersection Distance. No street tree
shall be planted closer than thirty (30) feet to any street corner,
measured from the point of the nearest intersection of the curbs or
curblines.
C.
Fire Hydrant Distance. No street trees shall be
planted closer than ten (10) feet to any fire hydrant.
D.
Overhead And Underground Utility Distance. No trees
other than those listed as small trees 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.
E.
Tree And Light Pole Distance. Light poles shall
take the place of a street tree in the planting line of the right-of-way.
F.
Spacing Distance. The spacing of street trees will
be in accordance with the three (3) species size classes listed on
the Recommended Tree List. 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 and the Community Forest
Manager.
[Ord. No. 1216 §1, 8-17-2015]
A.
City Responsibility. The City shall have the right
to plant, prune, maintain and remove trees, plants and shrubs within
the lines of all streets, alleys, lanes, squares and public ground
as may be necessary to insure public safety or to preserve or enhance
the symmetry and beauty of such public grounds. Plantings shall be
part of a comprehensive landscaping and maintenance plan approved
by the Community Forest Manager. Public grounds shall include streetscape
designs, including, but not limited to, landscape, hardscape, pedestrian
walkways, bikeways and plaza traffic calming areas. 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 sewers, electric lines, gas lines, water lines or other public
improvements or is affected with any injurious fungus, insect or other
pest.
B.
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. Topping, rounding off or pollarding
is 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 other pruning practices are impractical,
may be exempted from this Chapter at the determination of the Community
Forest Manager.
C.
Pruning, Corner Clearance. Every owner of any tree
overhanging any street 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 thirteen (13) feet above the
surface of the street and a minimum of eight (8) feet above the 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 the visibility
of any traffic control device or sign.
D.
(Reserved)
E.
Removal Of Stumps. All stumps of street and park
trees shall be removed below the surface of the ground so that the
top of the stump shall not project above the surface of the ground.
F.
(Reserved)
H.
Tree Maintenance — Arborist Certificate. Any
person, tree service or company that, for a fee, prunes, removes or
applies pesticides to trees on public property shall also file with
the Community Forest Manager sufficient documentation demonstrating
that a minimum of one (1) person with the firm has been recognized
by the International Society of Arboriculture as a certified arborist.
[Ord. No. 1216 §1, 8-17-2015]
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. 1216 §1, 8-17-2015]
Any person violating any provision of this Chapter shall be, upon conviction or a plea of guilty, subject to a fine in accordance with the Troy Code of Ordinances, Section 100.120.
[Ord. No. 1216 §1, 8-17-2015]
A.
Acceptable Tree Species. The City of Troy, 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 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.
B.
Non-Acceptable Species. No species other than those
included in the tree species category may be planted along streets
without written permission of the Community Forest Manager.
