[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:
The diameter of a tree six (6) inches above ground.
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.
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.
A tree that is typically evergreen such as pine, spruce,
fir, or hemlock.
The diameter of a tree at breast height which shall be measured
at four (4) feet above ground.
A tree that typically loses its leaves or needles in the
Fall (Autumn).
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.
A tree in fair or better condition* which equals or exceeds
these diameter sizes:
Large hardwoods (oaks, hickories, etc.) — twenty-four
(24) inches DBH.**
Large hardwoods (pines, spruces, etc.) — twenty (20) inches
DBH.**
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* 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.
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** 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.
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Trees attaining a mature height of forty-five (45) feet or
more and/or a mature spread of thirty (30) feet or more.
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.
To plant, mulch, water, trim as necessary and remove if dead
or diseased.
Trees attaining a mature height of thirty (30) to forty-five
(45) feet and/or a mature spread of twenty (20) feet or more.
A channel formed in the existing surface topography of the
earth prior to man-made changes.
Trees located within City-owned public parks.
All trees within municipal boundaries but not owned by the
City.
A tree located on privately owned property (i.e., not owned
by the City of Twin Oaks).
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.
All street and park trees and other trees owned by the City
as a total resource.
As defined in Section 515.020 of this Twin Oaks Municipal Code.
Trees attaining a mature height of up to thirty (30) feet
and a mature spread of approximately twenty (20) feet or less.
Trees located in the right-of-way.
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.
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.
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.
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.
An accumulation of water that is large enough to maintain
ten thousand (10,000) square feet of surface area throughout the year.
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]
Any person who causes damage to any street tree, shrub, park
tree, etc., shall replace said tree or shrub with one of equal value.
[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.
