[Ord. No. 966, 2-20-2017]
As used in this Chapter, the following terms shall have the
meanings indicated:
The official (public employee) representative of the Tree
Board, and as such is responsible for administration of the community
forestry program.
Trees, shrubs, bushes, and all other woody vegetation in
public parks.
All trees within municipal boundaries but not owned by the
City.
All street and park trees and other trees owned by the City
as a total resource.
Trees, shrubs, bushes, and all other woody vegetation on
land lying between the property lines on either side of all streets
and avenues within the City.
[Ord. No. 966, 2-20-2017]
A.Â
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 of Bel-Nor, Missouri. It is also to manage
Bel-Nor's community forest in a strong, healthy condition for today
and for the future of Bel-Nor, Missouri.
B.Â
Intent.
It is the intent of the Board of Aldermen of the City of Bel-Nor that
the terms of this Chapter shall be construed so as to promote:
1.Â
The planting, maintenance, restoration and survival of desirable
trees, shrubs and other plants within the City.
2.Â
The protection of community residents from personal injury and property
damage and the protection of the City of Bel-Nor from property damage,
caused or threatened by the improper planting, maintenance or removal
of trees, shrubs or other plants located within the community.
[Ord. No. 966, 2-20-2017]
There is hereby created and established a City Tree Board for
the City of Bel-Nor, Missouri, which shall consist of five (5) members,
citizens and residents of this City who shall be appointed by the
Mayor with the approval of the City Board of Aldermen. The Community
Forest Manager shall be an ex-officio member of the City Tree Board.
[Ord. No. 966, 2-20-2017]
The term of the five (5) persons to be appointed by the Mayor
shall be three (3) years, except that the term of two (2) of the members
appointed to the first board shall be for only one (1) year and the
term of two (2) members of the first board shall be for two (2) years.
In the event that a vacancy shall occur during the term of any member,
a successor shall be appointed for a new three-year term.
[Ord. No. 966, 2-20-2017]
Members of the Tree Board shall serve without compensation.
[Ord. No. 966, 2-20-2017]
A.Â
It
shall be the responsibility of the Tree Board to study, investigate,
counsel and develop and/or update annually and administer written
plans (annual and long-range) for the care, replacement, maintenance,
and removal or disposition of trees and shrubs in parks, along streets
and in other public areas. Such a plan will be presented annually
to the City Board of Aldermen, and upon their acceptance and approval
shall constitute the official Comprehensive City Tree Plan for the
City of Bel-Nor, Missouri.
B.Â
The
Tree Board, when requested by the City Board of Aldermen, shall consider,
investigate, make findings, reports, and recommendations upon any
special matter or question relating to trees.
[Ord. No. 966, 2-20-2017]
The Tree Board shall choose its own officers, make its own rules
and regulations and keep a journal of its proceedings. A majority
of the members shall be a quorum for the transaction of business.
[Ord. No. 966, 2-20-2017]
The City of Bel-Nor, 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
Community Forest Manager to reflect new developments or species that
will affect the population of the community forest.
[Ord. No. 966, 2-20-2017]
A.Â
Street
trees may be planted in the tree lawn where this is no less than six
(6) feet between the edge of the sidewalk and the curb of the street.
Street trees shall be planted no closer than three (3) feet from a
sidewalk, driveway, or street.
B.Â
No
street tree shall be planted closer than ten (10) feet from any street
corner, measured from the point of the nearest intersection of curbs
or curb lines.
C.Â
No
street tree shall be planted closer than ten (10) feet from any fireplug.
D.Â
Special
permission must be obtained from the Community Forest Manager when
planting street trees within ten (10) feet of any point on a line
on the ground immediately below any overhead utility wire.
[Ord. No. 966, 2-20-2017]
A.Â
The
City shall have the right to plant, prune, maintain, and remove trees,
plants and shrubs within the rights-of-way or bounds of all streets,
alleys, lanes, squares, and public grounds as may be necessary to
insure public safety. All tree pruning and removal will be done in
accordance with the most current ANSI A300 "Tree, Shrub, and Other
Woody Plant Maintenance — Standard Practices."
B.Â
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 electric power lines or other public improvements
or is seriously affected with any fatal disease.
C.Â
The
abutting property owners shall have the right to perform normal tree
care on all street trees.
[Ord. No. 966, 2-20-2017]
No person shall plant a street tree without first obtaining
a permit from the Community Forest Manager. There will be no fee for
such permit.
[Ord. No. 966, 2-20-2017]
No person shall remove any public tree without a permit issued
by the City. Except in the case of a dead or hazardous tree, it shall
be a condition of such removal that the applicant replace such tree
with a tree or trees that are a minimum caliper of two and five tenths
(2.5) inches. Such replacement
tree shall be planted in the vicinity of the removed tree, if practicable,
and in such location as approved by the City. In lieu of planting
a replacement tree, the applicant may make a contribution to the City
for future planting and maintenance of trees, and such contribution
shall be paid into a fund established for the purpose of enhancing
the community forest. The contribution shall be calculated in accordance
with the value of the tree removed, considering the species, location,
size and condition of the tree. The contribution calculations shall
be determined by the Tree Board and submitted to the Board of Aldermen
for final approval.
[Ord. No. 966, 2-20-2017]
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 defined
as the systematic cutting back of limbs within the tree's crown to
such a degree 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 Section at the determination
of the Community Forest Manager or Tree Board.
[Ord. No. 966, 2-20-2017]
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 trees on their own property as well as trees on the public right-of-way
that abuts their property.
[Ord. No. 966, 2-20-2017]
The City shall have the right to cause to be removed any tree within the city that is dead or has been declared hazardous. "Hazard trees" are defined as trees with severe structural defects or splits. The City will notify in writing the owners of such trees. Removal is the responsibility of the owners of such trees and shall be accomplished within the time limits set by the Community Forest Manager. If the dead or hazardous tree is not removed by the owner within the time prescribed, the City shall abate the nuisance by removing the dead or hazardous tree in accordance with the City's nuisance abatement procedures in Chapter 215 of the Municipal Code.
[Ord. No. 966, 2-20-2017]
It shall be unlawful for any person to prevent, delay, or interfere
with the Community Forest Manager, the Tree Board or any of its representatives
or agents while engaging in and about the planting, cultivating, mulching,
pruning, spraying, or removing of any trees within the public community
forest.
[Ord. No. 966, 2-20-2017]
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. 966, 2-20-2017]
Any person, firm or corporation violating any provision or failing
to comply with any notice issued pursuant to the provisions of this
Chapter shall, upon conviction, be punished by a fine not exceeding
five hundred dollars ($500.00) or by imprisonment in the City or County
Jail for a term not exceeding ninety (90) days, or by both such fine
and imprisonment.
[Ord. No. 966, 2-20-2017]
Persons or firms engaged in the business or occupation of pruning,
treating, or removing any street tree, park tree or other privately
owned tree should be recognized by the International Society of Arboriculture
as a Certified Arborist or Certified Tree Worker. All persons or firms
must carry evidence of liability insurance and workers' compensation.
No certification shall be required by any public employee doing such
work in the pursuit of their public service endeavors.
