[Ord. No. 10539, 12-20-2018; Ord. No. 10825, 9-21-2023]
The purpose of this Code is to promote and protect the preservation,
safety, and general welfare of the City's interests by providing
for the regulation of the planting, protection, maintenance, survival
and removal of the trees within the City of Kirkwood, Missouri. All
regulations and fees are established to protect existing tree canopy
and to increase the canopy goals through the City's established
interests. All City parks and park-maintained spaces are exempt from
this chapter.
[Ord. No. 10825, 9-21-2023]
As used in this chapter, the following terms shall have the
meanings indicated:
The DBH multiplied by the tree's physical deterioration
rating, functional obsolescence, and external obsolescence. For example,
if a tree has a DBH of 32 inches in diameter and is in relatively
poor health with a physical deterioration of 40%, functional obsolescence
of 80%, and external obsolescence of 80% its adjusted diameter is
8.2 inches.
A unit measurement made of young trees for size classification.
The caliper measurement is take at the base of the stem just above
the root collar.
A map required to meet tree protection guidelines that depicts
the total canopy coverage on a lot, as well as impacted canopy and
remaining canopy post disturbance.
An individual with a valid "certified arborist" designation
from the International Society of Arboriculture.
The diameter of a tree measured at 4 1/2 feet above
ground.
A pruning cut made by reducing the trunk or branches of a
tree to stubs or to lateral branches too small to assume the terminal
role of the branch being cut.
Any tree or shrub considered to be foreign or unnatural with
the ability to overcome the natural vegetation and expand rapidly
throughout the landscape.
Any tree with a mature height greater than 45 feet in height
and not listed as an invasive or prohibited species.
Any tree with a mature height greater than 30 feet in height
and less than 45 feet in height not listed as an invasive or prohibited
species.
Trees planted for the purpose of meeting the landscaping
plan or tree study requirements for development on a site.
Trees located within the City's paved rights-of-way,
excluding trees within the parks.
The complete removal from the site of all above ground material
debris as well as the removal of the stump by either grinding or excavation.
The actual removal or causing the need to remove through
damaging, poisoning, or other direct or indirect actions resulting
in the death or serious decline of a tree.
Any tree six inches in DBH or greater in fair or greater
condition, excluding invasive species or "undesirable trees."
Any tree with a mature height greater than 15 feet in and
less than 30 feet in height that is not listed as an invasive or prohibited
species.
The pruning practice of reducing the height or spread of
a tree using heading cuts.
A woody plant typically growing as a single stem or a multiple
stem in an upright form that will attain a mature height of at least
10 feet and a diameter (DBH) of at least two inches.
A document containing the technical requirements for tree
planting, tree selection, tree maintenance, and tree protection as
dictated by the City of Kirkwood. This document is the City of Kirkwood
Tree Manual.
In reference to a plan written by a certified arborist, to protect the public and/or private trees impacted during activities regulated by § 24-4.
In reference to documents as part of a tree protection plan
that details the full assessment of the public and private trees in
relationship to development. These documents are completed by a certified
arborist.
Any tree classified as invasive or a nuisance by the City
of Kirkwood.
[Ord. No. 10825, 9-21-2023]
(a)
Property owner obligations. Trees shall be maintained to meet the City of Kirkwood clearance requirements as outlined in § 16-2, Nuisances enumerated, Subsection (d) of the Kirkwood Code of Ordinances. Permits for satisfying clearance requirements are not required, but no person shall damage, destroy, apply chemicals, remove or prune outside of the obligations contained in § 16-2 without first obtaining a permit from the City's Urban Forester.
(b)
Prohibited acts. It shall be unlawful and an offense of this Code
for any person to:
(1)
Attach any rope, wire, nails, posters, or other contrivance to any
public tree.
(2)
Attach any permanent electrical conductor or apparatus to any public
tree.
(3)
Use tree spurs or climbing spikes on public trees, unless the tree
is to be removed.
(4)
Deposit, store, or maintain any equipment or material that reasonably
may be expected to impede the free passage of water, air or fertilizer
to the roots of any public tree.
(5)
Cause any gaseous, liquid, or solid substance which because of the
nature or amount reasonably may be expected to be toxic or otherwise
harmful to public trees to be located where such substances reasonably
may be expected to affect public trees.
(6)
Cause any fire to burn if such fire, or the heat, smoke, or ash there
from reasonably may be expected to injure any portion of any public
tree.
(c)
Required permits. Any maintenance of public trees, outside of the obligations of property owners set forth above, shall require one of the following permits. Permit fees shall be set forth in accordance with Chapter 5, Article VIII, § 5-208, Schedule on file.
(1)
Permit to maintain.
a.
Permit to maintain shall be required for maintenance of public trees
other than set forth above, including, but not limited to, the following:
b.
A permit to maintain shall only be valid for 30 days after the date
of issuance. Tree maintenance shall be performed with care as outlined
in the Tree Manual to prevent destruction of structural integrity,
health and vigor, and irreversible damage.
(2)
Permit to remove. If a property owner desires to remove a public
tree located in the right-of-way adjacent to their property, the property
owner shall apply for a permit to remove. The Urban Forester, or appointed
representative, shall review the application and inspect the tree.
The review shall result in one of the following:
a.
If the tree requested for removal is determined to be a hazard, the
City will manage the removal.
b.
If the tree is determined not to be a hazard, the application will
be presented to the Kirkwood Urban Forestry Commission for review.
(i)
If approved, the Kirkwood Urban Forestry Commission may recommend
to the Urban Forester that the adjoining property owner may remove
the tree at his/her sole expense. Such recommendations shall be made
in writing to the Urban Forester and property owner applying for the
permit, and the Urban Forester shall make the final determination.
(ii)
As a condition for removal, the Kirkwood Urban Forestry Commission may recommend to the Urban Forester that the permit applicant plant a tree of at least two inches caliper of an approved species to be found in the Tree Manual, or pay a replanting fee in the same manner as allowed in § 24-4(f)(1).
(iii)
The Urban Forester shall determine if the property
owner may remove the tree.
(iv)
If denied, the tree shall not be removed.
(3)
Permit to plant. If a property owner desires to plant a tree in the
City right-of-way adjacent to their property, the property owner shall
file a permit to plant application. If approved, the following applies:
a.
Upon approval, the applicant shall follow all laws and regulations
pertaining to excavation by the state of Missouri;
b.
By obtaining a permit to plant, the permittee shall be exempt from
obtaining an excavation permit from the City of Kirkwood on the basis
of tree planting; and
c.
All trees planted shall be selected and planted in accordance with
the Tree Manual.
(d)
Permit conditions.
(1)
The Urban Forester may deny the issuance of any permit authorized
under this section if, in the sole discretion of the Urban Forester,
the issuing of the permit is not in the best interest of the City
in maintaining the sustainability and health of the urban forest.
(2)
All maintenance performed on public trees shall be completed by a
certified arborist, other than maintenance to comply with clearance
requirements as set forth above, unless the requirement of a certified
arborist is waived by the Urban Forester.
(3)
Closure of any street or public right-of-way for performance of work shall be completed in accordance with Chapter 20 of this Code.
(4)
In the event of severe storms or other emergency situations resulting
in extraordinary situations, the Director of Public Services with
the coordination of the Urban Forester, may waive any or all parts
of this chapter as deemed necessary.
