[Ord. No. 500 §1, 12-4-2004]
As used in this Chapter, following terms shall have these prescribed
meanings:
The official (public employee) representative of the Forestry
Advisory Committee and as 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. 500 §2, 12-4-2004]
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 Greendale, Missouri. It is also to manage
the City of Greendale's community forest in a strong, healthy condition
for today and the future of the City of Greendale, Missouri.
[Ord. No. 500 §2, 12-4-2004]
A.Â
It is
the intent of the Board of Alderpersons of the City of Greendale that
the terms of this Chapter shall be construed so as to promote:
1.Â
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 Greendale 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. 500 §3, 12-4-2004]
There is hereby created and established a Forestry Advisory
Committee for the City of Greendale, Missouri, which shall consist
of five (5) members, citizens and residents of this 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
Forestry Advisory Committee.
[Ord. No. 500 §4, 12-4-2004]
The term of the five (5) 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 (1st) Board shall be for only one (1) year
and the term of two (2) members of the first (1st) 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
(3) year term.
[Ord. No. 500 §5, 12-4-2004]
Members of the Forestry Advisory Committee shall serve without
compensation.
[Ord. No. 500 §6, 12-4-2004]
A.Â
It shall
be the responsibility of the Forestry Advisory Committee to study,
investigate, council 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 Greendale, Missouri.
B.Â
The Forestry
Advisory Committee, when requested by the Board of Alderpersons, shall
consider, investigate, make finding, report and recommend upon any
special matter or questions relating to trees.
[Ord. No. 500 §7, 12-4-2004]
The Forestry Advisory Committee 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. 500 §8, 12-4-2004]
The City of Greendale, 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. 500 §9, 12-4-2004]
No street tree shall be planted closer than ten (10) feet from
any fireplug. 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. 500 §10, 12-4-2004]
A.Â
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.Â
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.Â
The abutting
property owners shall have the right to water and mulch street trees.
All other tree care shall be reserved for the City.
[Ord. No. 500 §11, 12-4-2004]
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. 500 §12, 12-4-2004]
No person shall remove any public tree without first obtaining
a permit from the City. 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
Forestry Advisory Committee. 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 City Treasurer and used solely
for the purpose of enhancing the community forest.
[Ord. No. 500 §13, 12-4-2004]
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 Forestry Advisory
Committee.
[Ord. No. 500 §14, 12-4-2004]
It shall be unlawful for any person to prevent, delay or interfere
with the Community Forest Manager, the Forestry Advisory Committee
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. 500 §15, 12-4-2004]
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. 500 §16, 12-4-2004]
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. 500 §17, 12-4-2004]
Any person, firm or corporation violating any provision or fails
to comply with any notice issued pursuant to the provisions of this
Chapter shall, upon conviction, be punished by a fine not exceeding
one thousand dollars ($1,000.00) or by imprisonment for a term not
exceeding ninety (90) days, or by both such fine and imprisonment.
[Ord. No. 500 §18, 12-4-2004]
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 arborist or certified tree worker. All persons or firms
must carry evidence of liability insurance and Workmen's Compensation.
No certification shall be required by any public employee doing such
work in the pursuit of their public service endeavors.
