[Ord. No. 23-04, 3-1-2023]
A. 
Purpose And Intent. The citizens and elected officials of the City of Twin Oaks realize that trees and vegetation are important elements of the character and ambiance of our City. The planting, maintenance and preservation of trees and vegetation during land development has also been determined to be a significant issue affecting the public health, welfare and the City's physical and aesthetic environment. The planting, maintenance and preservation of trees and vegetation will have substantial position effects on storm water management, air quality, quality of water from non-point sources, erosion, flood control, wildlife habitat, noise pollution, energy conservation and property values. It will provide for significant positive aesthetic benefits consistent with the established character of the City of Twin Oaks. The planting, maintenance and preservation of trees has a significant impact to help moderate the effects of sun, cold and wind and the reduction of pollution and it has a beneficial impact on the general overall well-being of the City of Twin Oaks. Therefore, the mitigation standards as set out in this Chapter apply to all properties within the boundaries of the City of Twin Oaks.
B. 
Street Tree Species To Be Planted. The City of Twin Oaks 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 or Arborist to reflect new developments or species that will affect the population of the community forest.
[Ord. No. 23-04, 3-1-2023]
As used in this Chapter, the following terms shall have these prescribed meanings:
CALIPER
The diameter of a tree six (6) inches above ground.
COMMUNITY FOREST MANAGER
Professional consultant retained by the City to advise staff on the care and maintenance of landscaping throughout the City as well as implementation of the Comprehensive Landscape Master Plan.
COMPREHENSIVE LANDSCAPE MASTER PLAN
A written document that guides the work of the Tree Board and Park Board. The plan was established in 2003 with extensive community input and provides short-term and long-term landscaping recommendations throughout the City.
CONIFEROUS TREE
A tree that is typically evergreen such as pine, spruce, fir, or hemlock.
DBH
The diameter of a tree at breast height which shall be measured at four (4) feet above ground.
DECIDUOUS TREE
A tree that typically loses its leaves or needles in the Fall (Autumn).
DEVELOPMENT
The performance of any building activity or the making of any material change to any structure or natural surface of land to include activities that change or disturb the natural surface of the land such as clearing, excavating and filling; or any change in the use or appearance of any structure or land; or the division of land into two (2) or more parcels for the creation or termination of rights of access.
LANDMARK TREES
A tree in fair or better condition* which equals or exceeds these diameter sizes:
1. 
Large hardwoods (oaks, hickories, etc.) — twenty-four (24) inches DBH.**
2. 
Large hardwoods (pines, spruces, etc.) — twenty (20) inches DBH.**
* Fair or better condition is defined as a tree having a normal life expectancy, a relatively sound and solid trunk with no extensive decay, no more than one (1) major and several minor dead limbs (hardwoods only) and no major insect or disease problems.
** A lesser-sized tree can be considered a landmark tree if it is a rare or unusual species, of exceptional quality or of historical significance. Landmark trees may be designated by the City of Twin Oaks Tree Board or the Community Forest Manager.
LARGE TREES
Trees attaining a mature height of forty-five (45) feet or more and/or a mature spread of thirty (30) feet or more.
LIMIT OF DISTURBANCE
A line as shown on the site plan and tree preservation plan that identifies the limit of construction, grading or excavation activity of any kind. This line will typically delineate the tree preservation area.
MAINTAIN
To plant, mulch, water, trim as necessary and remove if dead or diseased.
MEDIUM TREES
Trees attaining a mature height of thirty (30) to forty-five (45) feet and/or a mature spread of twenty (20) feet or more.
NATURAL WATERCOURSE
A channel formed in the existing surface topography of the earth prior to man-made changes.
PARK TREES
Trees located within City-owned public parks.
PRIVATE COMMUNITY FOREST
All trees within municipal boundaries but not owned by the City.
PRIVATE TREE
A tree located on privately owned property (i.e., not owned by the City of Twin Oaks).
PROPERTY OWNER
All owners, lessees, or occupants, and all managers, agents or representatives of such owners, lessees, or occupants of privately owned real property in the City.
PUBLIC COMMUNITY FOREST
All street and park trees and other trees owned by the City as a total resource.
RIGHT-OF-WAY or ROW
As defined in Section 515.020 of this Twin Oaks Municipal Code.
SMALL TREES
Trees attaining a mature height of up to thirty (30) feet and a mature spread of approximately twenty (20) feet or less.
STREET TREES
Trees located in the right-of-way.
TRACT
The total area of a parcel, site, lot or ownership of land upon which development or land disturbance is proposed irrespective of the actual limits or size of the proposed development or land disturbance activity.
TREE
A woody plant that grows mostly upright as a single stem (rarely multi-stem) that may eventually attain a height of fifteen (15) feet or more. "Tree" when used herein, includes tree limbs.
TREE CANOPY COVERAGE
The area in square feet of a tree's branch spread. Existing tree canopy is determined by measuring the ground surface area that is covered by the branch spread of a single tree or clump or grove of trees.
TREE TOPPING
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 ultimately results in early failure or death of the tree.
WATER BODY
An accumulation of water that is large enough to maintain ten thousand (10,000) square feet of surface area throughout the year.
WOODLAND
Any area over five thousand (5,000) square feet of tree canopy coverage having thirty percent (30%) or more of its trees two and one-half (2 1/2) inches in diameter (DBH) or greater.
[Ord. No. 23-04, 3-1-2023]
A. 
Minimum Requirements. Landscaping and tree planting are required in all new property developments. Required minimum landscaping and tree planting shall include the following:
1. 
Street Trees. Unless the Planning and Zoning Commission and the Tree Board determine a more appropriate way of providing required street trees, trees shall be planted along all streets, whether streets are existing or to be built as part of the development and whether streets are, or are intended to be, public or private, at a ratio of at least one (1) two-and-one-half-inch-caliper deciduous tree for every forty (40) feet of street frontage.
2. 
Parking Lot Trees. Parking lots shall be landscaped with at least one (1) two-and-one-half-inch-caliper tree for every twenty-five (25) parking spaces. Trees planted in the landscaped planting areas shall be situated a minimum of three (3) feet from any curb. All compacted soil within the area to be landscaped shall be removed to a depth of not less than two (2) feet and shall be backfilled with topsoil. The configuration of the landscaped planting areas and the spacing of these trees shall be determined during the site plan review process and shall be arranged to maximize the amount of shaded areas within parking lots.
3. 
Screening And Transition Strip Requirements. Screening and transition strips as required for various developments are based on proposed land use and the land use of adjacent properties.
4. 
Landscaping Plan. A landscaping plan, demonstrating proposed compliance with the above requirements, is required for all new property developments. Whether residential or non-residential property, the landscaping plan shall be submitted to and approved by the Planning and Zoning Commission and the Board of Aldermen. No landscape plan hereunder is necessary for the development or redevelopment of a standalone lot for a single-family residential structure,
B. 
Compliance With Landscape Master Plan. If a new development or redevelopment includes a focus area identified in the Comprehensive Landscape Master Plan, the developer shall comply with the Plan requirements unless modified by the Board of Aldermen upon recommendation of the Planning and Zoning Commission.
C. 
Distance And Clearance Requirements. Unless otherwise stipulated in this Chapter or approved through the zoning process, in all areas of the City, trees and shrubs must be planted at least four (4) feet from the curb, corners and fire hydrants.
[Ord. No. 23-04, 3-1-2023]
A. 
The City finds it necessary and proper to maintain streets, sidewalks, and rights-of-way free of overhanging, obstructive, or hazardous tree branches or other vegetation.
1. 
Park trees shall be maintained by the City or its contractors upon verification of qualifications.
2. 
Street trees shall be maintained by the adjoining property owner. If there is not an adjoining private property, then the street trees shall be maintained by the City. Any street tree identified as a nuisance tree may be designated by the City for removal at the adjoining property owner's expense.
3. 
The City shall have the right to maintain trees on public property as may be necessary to ensure the public safety.
4. 
Nothing above shall prohibit the City, at its own expense, from planting, maintaining, pruning, or removing any street tree within the public right-of-way as deemed appropriate by the City to improve public infrastructure, for public safety or for other public purposes. The City's decisions as to planting, maintaining, pruning, or removing any street tree within the public right-of-way hereunder are not appealable.
B. 
Community Tree Standards.
1. 
All work on public and private trees will be consistent with American National Standard Institute A300, Standard Practices for Woody Plant Maintenance.
2. 
All growth over streets and travelled (vehicular and pedestrian) rights-of-way shall be trimmed to a height of fourteen (14) feet above and three (3) feet along roadways and streets.
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. 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.
D. 
Overhead Electric Lines. Unless danger against contact with high voltage overhead lines (as defined in Section 319.070, RSMo.) has been guarded against as provided in the Missouri Overhead Powerline Safety Act (Section 319.083, RSMo.), no person, individually or through an agent or employee, shall store, operate, erect, maintain, move or transport any tools, machinery, equipment, supplies or materials or any other device that conducts electricity, within ten (10) feet of any high voltage overhead line, or perform or require any other person to perform any function or activity, such as tree trimming or removal, upon any land, building, highway or other premises, if at any time during the performance thereof it could reasonably be expected that the person performing the function or activity could move or be placed within ten (10) feet of any high voltage overhead line.
E. 
Removal Of Stumps. All stumps of street, private, and park trees shall be removed at or below the surface of the ground so that the top of the stump shall not project above the surface of the ground.
[Ord. No. 23-04, 3-1-2023]
A. 
Standards. It shall be unlawful for the property owner of any lot or parcel of ground in the City to maintain or allow any private tree or tree limb to stand upon such lot or parcel of ground, or street tree or limb on the abutting right-of-way to such lot or parcel, which, due to an infested, diseased, decayed or hazardous condition or for any other reason, endangers or is likely to injure any person or property in and upon a street, right-of-way, or any adjacent property in the City or is likely to cause damage to any tree of other landowners by the spread of a contagious disease or insects.
B. 
Property Owner Responsibility. It shall be the duty of the property owner to properly cause such private trees, street trees, or tree limbs as are described in Subsection (A) of this Section to be cut down, trimmed, removed, or otherwise remediated, and no tree or tree limb in the City which has been cut down or which has fallen shall be permitted to remain in or upon any sidewalk, street or adjacent property in the City or so near thereto as to endanger any person thereon and it shall be the duty of the property owner to cause the same to be promptly removed and it shall be unlawful for any such property owner to fail so to do as set forth in Subsection (E).
C. 
Nuisances. If street trees and private trees that cause obstructions, are in a hazardous condition, present insect or disease problem, or otherwise are determined to be a danger to public health or safety and declared a nuisance by the Community Forest Manager, then the City Clerk may order such to be pruned, removed or treated. This includes, but is not limited to, trees diagnosed with dutch elm disease, oak wilt, or emerald ash borers.
D. 
Procedure.
1. 
Notice To Prune, Remove Or Treat. Should any property owner bordering on any street fail to prune, remove or treat street or private trees as herein provided, the City Clerk shall order such person, within ten (10) days after receipt of written notice, to so prune, remove or treat such trees.
2. 
Order Required. The order required herein shall be served by hand-delivering, emailing, or mailing a copy of the order to the last known address of the property owner by certified or registered mail.
3. 
Appeal. The property owner has the right to appeal the order to prune, remove or treat by appealing as provided in Section 215.060. The property owner may present any evidence or exhibits to support his/her position that the tree does not need to be pruned or removed or that the cost of the "order" is excessive. If the Hearing Officer upholds the order, the property owner has an additional seven (7) days (or a longer time as may be granted by the Hearing Officer) from the decision to complete the required pruning, removal or treatment.
4. 
Failure To Comply. When a person to whom an order is directed shall fail to comply within the specified time, it shall be lawful for the City to prune, remove or treat such trees and the cost thereof shall be assessed to the property owner as set forth in Section 215.060. Nothing herein shall limit the City's additional remedies as set forth in Section 100.220 and elsewhere.
E. 
Emergencies. Notwithstanding the procedures set forth in Subsection (D), the following procedure is applicable in emergency situations.
1. 
If a street tree or private tree, or portion thereof, falls or threatens to fall into, over, across, or upon the right-of-way causing a dangerous or impassable situation or otherwise causes an imminent threat to the health, safety, and welfare of the public, the City may, at its cost, cause the tree to be cut, moved, and/or removed immediately with or without prior notice to the responsible property owner. The City emergency action shall not relieve the property owner from their responsibilities under Subsection (B) above, Section 215.120, or elsewhere in the Code for the remaining clean-up and removal of the tree, limbs, and debris on the right-of-way and private property.
2. 
When an emergency has been declared by the Mayor, County or Governor, City property owners shall be allowed to collect and place trimmed greenery upon public rights-of-way adjacent to their property. Such privilege shall extend for a period of two (2) weeks following the declaration of an emergency and the City shall, at its expense, provide for the expedient removal of such materials during that time.
3. 
To address the need for emergency services in clearing streets and rights-of-way, the Board of Aldermen may maintain a contractual relationship with one (1) or more maintenance services dedicated to respond within twelve (12) hours following notice by the City Clerk or Mayor of an emergency.
[Ord. No. 23-04, 3-1-2023]
A. 
It shall be unlawful for any person who owns, manages, or occupies any premises within the City to allow trees, shrubs, plants, or other vegetation to be planted or allowed to grow in such a manner as to materially obstruct vision in the sight triangle and right-of-way. Plantings and landscaping less than thirty (30) inches in height shall be exempt from these provisions unless declared a nuisance.
B. 
Property owners shall trim all vegetation that obstructs the view or passage on any street, sidewalk, or bike path. Street Tree or Private Tree limbs shall be pruned to fourteen (14) feet or more in height above the road elevation. Dead limbs shall be removed to prevent becoming a hazard to vehicular and pedestrian traffic. All vegetation shall be trimmed so it shall not obstruct any street or traffic sign.
[Ord. No. 23-04, 3-1-2023]
In addition to any abatement proceedings set forth herein, any person, firm, or corporation violating any provisions of this Chapter shall be subject to the general penalty provision of Section 100.220 of this Code.
[Ord. No. 23-04, 3-1-2023]
Any person aggrieved by a decision of the City or any official thereof pursuant to the authority in this Chapter, may file an appeal pursuant to Chapter 150 of the City Code to the extent subject to the scope therein; provided, that nothing in such appeal shall limit the authority of the City to abate any nuisance pending such appeal.