[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:
ADJUSTED DIAMETER
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.
CALIPER
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.
CANOPY COVERAGE MAP
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.
CERTIFIED ARBORIST
An individual with a valid "certified arborist" designation from the International Society of Arboriculture.
DBH (Diameter at Breast Height)
The diameter of a tree measured at 4 1/2 feet above ground.
HEADING CUTS
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.
INVASIVE
Any tree or shrub considered to be foreign or unnatural with the ability to overcome the natural vegetation and expand rapidly throughout the landscape.
LARGE CANOPY TREE
Any tree with a mature height greater than 45 feet in height and not listed as an invasive or prohibited species.
MEDIUM CANOPY TREE
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.
NEWLY PLANTED TREES
Trees planted for the purpose of meeting the landscaping plan or tree study requirements for development on a site.
PUBLIC TREES
Trees located within the City's paved rights-of-way, excluding trees within the parks.
REMOVAL
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.
REMOVE
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.
SIGNIFICANT TREE
Any tree six inches in DBH or greater in fair or greater condition, excluding invasive species or "undesirable trees."
SMALL CANOPY TREE
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.
TOPPING
The pruning practice of reducing the height or spread of a tree using heading cuts.
TREE
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.
TREE MANUAL
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.
TREE PROTECTION PLAN (TPP)
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.
TREE STUDY
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.
UNDESIRABLE TREE
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:
(i) 
Injecting with chemical applications;
(ii) 
Applying chemical applications;
(iii) 
Pruning [beyond the owner obligations of § 24-3(a), Property owner obligations];
(iv) 
Cable and bracing; or
(v) 
Adding lightning protection
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.