[Ord. No. 1585, 10-13-2016]
As used in this section, the following terms shall have the
meanings indicated:
The official (public employee) representative of the Tree
Board, and 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. 1585, 10-13-2016]
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 of Pagedale, Missouri. It is also
to manage Pagedale's community forest in a strong, healthy condition
for today and the future of Pagedale, Missouri.
B.
Intent. It is the intent of the Board of Alderpersons of the City
of Pagedale 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 of Pagedale 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. 1585, 10-13-2016]
There is hereby created and established a City Tree Board for
the City of Pagedale, Missouri, which shall consist of six (6) members,
citizens and residents of the City, who shall be appointed by the
Mayor with the approval of the Board of Alderpersons. The Community
Forest Manager shall be an ex-officio member of the City Tree Board.
[Ord. No. 1585, 10-13-2016]
The term of the six (6) 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. 1585, 10-13-2016]
Members of the Tree Board shall serve without compensation.
[Ord. No. 1585, 10-13-2016]
A.
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 Board of Alderpersons and upon their acceptance and approval
shall constitute the official comprehensive City tree plan for the
City of Pagedale, Missouri.
B.
The Tree Board, when requested by the Board of Alderpersons, shall
consider, investigate, make finding, report, and recommend upon any
special matter of questions relating to trees.
[Ord. No. 1585, 10-13-2016]
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. 1585, 10-13-2016]
The City of Pagedale, 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. 1585, 10-13-2016]
A.
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 to a sidewalk, driveway, or street.
B.
No street tree shall be planted closer than ten (10) feet to any
street corner, measured from the point of the nearest intersection
of curbs or curblines.
C.
No street tree shall be planted closer than ten (10) feet to any
fireplug.
D.
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. 1585, 10-13-2016]
A.
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.
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.
The abutting property owners shall have the right to perform normal
tree care on all street trees.
[Ord. No. 1585, 10-13-2016]
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. 1585, 10-13-2016]
No person shall remove any public tree without replacing such
tree with a tree or trees of equivalent dollars in the vicinity of
the removed tree. The value of trees shall be determined by the Community
Forest Manager in accordance with regulations considering the species,
location, size and condition of trees adopted by the Tree Board. If
no suitable location exists in the vicinity of the tree removed or
if the replacement tree is of lesser value, the person causing the
tree to be removed shall make a compensatory payment to the City equal
to the difference in value between the tree removed and any replacement
tree. Such compensatory payment shall be paid into a fund established
by the Director of Finance and used solely for the purpose of enhancing
the community forest.
[Ord. No. 1585, 10-13-2016]
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. 1585, 10-13-2016]
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. 1585, 10-13-2016]
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.
[Ord. No. 1585, 10-13-2016]
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. 1585, 10-13-2016]
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. 1585, 10-13-2016]
It shall be unlawful for any person to prevent, delay, or interfere
with access to private property by the City or its representative
in the legal performance of any section of this Chapter.
[Ord. No. 1585, 10-13-2016]
Any person, firm or corporation violating any provision or which
fails 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 fine and imprisonment.
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 aborist 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 his or her public service endeavors.
