[CC 1976 §205.180(A); Ord. No. 1946 §1, 7-12-1994]
It shall be the intent of this Chapter, through the maintenance, placement, planting, preservation and protection of trees to: Aid in the stabilization of soil by the prevention of erosion and sedimentation; reduce storm water runoff and the cost associated therewith; provide a buffer and screen against noise pollution; provide protection against severe weather; provide shade, protect and increase property values; protect the citizens of the City from the dangers of harmful chemicals; conserve and enhance the City's physical and aesthetic environment; and generally protect and enhance the quality of life and the general welfare of the City and its residents.
[CC 1976 §205.180(B); Ord. No. 1946 §1, 7-12-1994]
For the purpose of this Chapter, the following terms, phrases, words and their derivations shall have the meanings given herein; when not inconsistent with the context, words used in the present tense include the future and words in the singular number include the plural number; the word "shall" is always mandatory and not merely directory:
- The City of Shrewsbury, Missouri, and includes any department or subdivision thereof.
- Includes line, cable, conduit or conductor.
- PARK TREES
- Trees, shrubs, bushes and all other woody vegetation in public
parks having individual names, and all areas owned by the City, or
to which the public has free access as a park.[Ord. No. 2977, 12-10-2019]
- Any public or private individual (other than owner/resident), group, company, firm, corporation, partnership, association, society or any other combination of human beings, whether legal or natural.
- To alter, trim or cut a tree in accordance with generally accepted conservation pruning techniques. In this Chapter, such practices may include pruning certain branches beyond the six (6) foot easement or further than six (6) feet from a line. In the case of "certain trees" pruning may be performed in such a manner so as to obtain a ten (10) foot horizontal clearance; and as it applies to "other trees" a horizontal clearance of six (6) feet.
- The actual removal or causing the effective removal through damaging, or other direct or indirect actions resulting in the death of trees.
- STREET TREES
- Trees, shrubs, bushes, and all other woody vegetation on
land lying between property lines on either side of all streets, avenues,
or ways within the City.[Ord. No. 2977, 12-10-2019]
- SUBSTANCE, DANGEROUS
- A restricted use pesticide that requires a Municipal, County, State and/or Federal license and/or permit to purchase and/or administer.
- SUBSTANCE OF ORGANIC SYNTHESIS
- Any substance that is of a carbon base and is man-made.
- Any self-supporting, woody plant together with its root system, growing upon the earth usually with one (1) trunk of at least two (2) inches in diameter at a height of four (4) feet above the ground, or a multi-stemmed trunk system with a definitely formed crown.
- TREES, CERTAIN
- Those which have rapid growth, weak branching habits, or brittle wood together with those trees that due to form, damage or disease are hazardous to the line or public safety including, but not limited to: Siberian (Chinese) elm—Ulmus pumila; silver (soft) maple—Acer saccarinum; green ash—Fraxinus americana; box-elder—Acer negundo; tree-of-heaven—Ailantus altissima; cottonwood—Populus deltoides; lombardi poplar—Populus lombardi; black locust—Robinia pseudoaccia; willow—Salix sp.
- TREES, OTHER
- Those trees not included in the meaning or intent of the definition of "certain trees" above.
[Ord. No. 2977, 12-10-2019]
A City Tree Board is hereby created with its membership consisting of the members of the City's Parks and Recreation Commission, established and provided for in Section 125.160.
It shall be the responsibility of the Tree Board to study, investigate, develop, and annually update a written plan for the care, preservation, pruning, planting, replanting, removal, and disposition of trees and shrubs in parks, along streets and in other public areas.
The Tree Board, upon request of by the Board of Aldermen, shall consider, investigate, report, and recommend upon any matter of question coming within the scope of Chapter 245.
It shall be unlawful for any person to prevent, delay or interfere with the City Tree Board, or any of its agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying, or removing of any street trees, park trees, or trees on private grounds.
[CC 1976 §205.180(C); Ord. No. 1946 §1, 7-12-1994]
Except as otherwise provided herein, it shall be unlawful for any person to remove, damage, alter, trim or cut any tree growing in or upon any easement granted for streets or sidewalks, or for the purpose of constructing, maintaining, operating, protecting, repairing, replacing and/or removing any sanitary sewer facility, storm sewer facility, telephone facility, close circuit signal transmission facility, natural or manufactured gas facility, electric light and power facility or other public utility facility, unless said person shall first obtain the express written permission of the owner/resident of the property burdened by such utility easement with the following exceptions:
Certain trees in or overhanging an easement.
Any person having rights in a utility easement may prune certain trees which are in or overhanging such utility easement if the trunk or branches of such tree are within six (6) feet of any line operated or maintained by such person.
Such a tree, so identified, may be cut to the ground if its trunk lies entirely within such utility easement.
Other trees entirely within the utility easement if maintained by the owner/resident so that no part comes within six (6) feet of the line may not be pruned or cut to the ground by any person without the written consent of the owner/resident.
Other trees entirely in or partly in an easement—phase-out and replacement.
If an owner/resident is concerned about lost shade or other benefits from other trees located entirely within the easement, then with the owner's written request any person may allow such other trees with trunks located entirely within the easement and with trunks or branches within six (6) feet of the line to be removed in phases in such a way as to allow up to fifteen (15) years from the date of such a request for replacement trees or shrubs to become established.
It will be the owner's/resident's responsibility to obtain and plant such replacements.
The replacements shall be selected and/or placed so that in their natural mature form they will not interfere with the line in the future.
Certain trees shall not be planted wholly or partially within the utility easement nor where they may interfere with the line in the future.
Any person will allow twelve (12) months from the date of such request for such planting to be completed. If such planting is not completed within that twelve (12) month period, then any person may proceed with their normal pruning/removal practices on that property.
Existing fruit, ornamental or evergreen trees within or overhanging the easement may be pruned so as to maintain necessary line clearance, but may not be removed without the owner's/resident's written consent.
Any tree with a trunk outside of or partially within the utility easement may be pruned so as to maintain the necessary clearance from the line until the next pruning cycle by any person having rights in said easement if the trunk or branches of such trees are within six (6) feet of any line operated or maintained by such person. Such tree, so identified, may be cut to the ground only after written permission is first obtained from the owner/resident.
Notice. Any person desiring to prune any tree pursuant to this Chapter shall cause to be delivered to the owner/resident of the property burdened by such utility easement, a written notice stating the action to be taken, with said notice to be delivered not more than eight (8) weeks nor less than two (2) weeks prior to the action being taken.
Permission of the property owner/resident shall not apply to the removal, alteration, trimming or cutting of trees on public rights-of-way or on behalf of a Federal, State, County, Municipal or other governmental agency pursuant to its lawful activities or functions in the construction or improvement of public rights-of-way.
Where emergencies occur, involving, but not limited to, tornadoes, wind storms, floods, freezes, ice storms or other natural disasters, causing interrupted service or emergencies in the form of a recently discovered hazardous condition, the requirements of this Chapter shall not apply.
Any person may trim or cut limbs or remove trees which are in such unstable condition as to constitute a hazard of falling upon the distribution facilities of the utility, threatening interruption of service or the safety of the public.
[Ord. No. 2977, 12-10-2019]
The City shall have the right to plan, at its sole and absolute discretion, and in keeping with the provisions of Sections 245.030 and 245.080, to prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to insure public safety or to preserve, enhance or promote the symmetry and beauty of such public grounds.
The Tree Board 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 sewers, electric power lines, gas lines, water lines, or other public improvements, or is affected with any injurious fungus, insect or other pest. This Section does not prohibit the planting of street trees by adjacent property owners providing that the selection and location of said trees is in accordance with the requirements of this Chapter.
It shall be unlawful as a normal practice for any person, firm, or City department to top a street tree, park tree, or other tree on public property. Topping is defined as the severe cutting back of limbs to stubs larger than three (3) inches in diameter within the tree's crown to such a degree so 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 City Tree Board.
All stumps of street trees and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.
[CC 1976 §205.180(D); Ord. No. 1946 §1, 7-12-1994]
It shall be unlawful for any person to use a dangerous substance within the City limits for purpose of controlling the growth of tree foliage, trimming of branches and/or removal of stumps.
It shall be unlawful for any person having rights in a utility easement to use any substance of organic synthesis for the purposes of controlling the growth of foliage, trimming of branches and/or removal of stumps.
[CC 1976 §205.180(E); Ord. No. 1946 §1, 7-12-1994]
This Chapter is intended to place reasonable restrictions on the activities herein defined and as herein set out, but does not constitute an excuse, permission or justification for the invasion of private rights whether or not such act is in compliance with this Chapter.
[CC 1976 §205.180(F); Ord. No. 1946 §1, 7-12-1994]
Any person, corporation, or any officer, agent or employee of such corporation or its contractor who, having authority to do so, shall authorize, direct, permit or allow the performance of any of the acts prohibited by this Chapter shall be deemed to be in violation of this Chapter as a principal.
[CC 1976 §205.180(G); Ord. No. 1946 §1, 7-12-1994]
Nothing in this Chapter shall be deemed to impose any liability upon the City or upon any of its officers or employees, nor to relieve the owner and occupant of any private property from the duty to keep trees and shrubs upon private property or under his/her control in a safe condition.
[Ord. No. 1970 §1, 12-13-1994]
Above Sidewalks And Streets. No person shall allow any tree or bush, (which for the purposes of this Section shall include trees, bushes, plants, vines, or other vegetative matter) located on his or her property to extend over any public street or sidewalk unless such vegetation is maintained with a minimum clearance above grade of eight (8) feet above sidewalks and ten (10) feet above the paved portion of public streets.
Landscaping In Right-Of-Way. Landscaping materials may be placed or maintained within the unpaved portion of any right-of-way owned by the City provided that such materials do not hinder sight distance, become a public nuisance, or otherwise obstruct or interfere with the free and safe movement of traffic.
Trees And Bushes Near Street Corners. No tree shall be planted closer than fifteen (15) feet from any street corner measured from the point of nearest intersecting curbs or curblines. No vegetative growth shall be allowed above three (3) feet within the fifteen (15) foot area. No tree shall be planted closer than ten (10) feet to any fire hydrant.
Trees And Bushes Near Sidewalks And Curbs. No tree shall be planted closer than three (3) feet from any street curb. Trees and bushes will be permitted in landscape buffer areas, less than three (3) feet between the street curb and sidewalks, provided the landscape buffer area is a minimum of three (3) feet.
Maintenance And Removal Of Trees And Bushes. Maintenance of trees and bushes is the responsibility of the property owner on whose property they are found, or of the property owner of the ground fronting or abutting the right-of-way on which they are found. However, the City may plant, prune, maintain and remove trees, plants and shrubs within any City rights-of-way or public ground, as may be necessary to remove obstructions from the sidewalks, curbstones, gutters and streets or to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds, at the expense of the owners or occupants of the ground fronting or abutting thereon, or at the expense of the person causing the obstruction, danger or asymmetry.
Obstruction Of Light And View. Every owner of any tree overhanging any street or right-of-way in the City shall prune the branches so that branches shall not obstruct the light from any street lamp, impede the visibility of any traffic control device or sign, nor obstruct the view of any street intersection. Such owner shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public.
Existing Trees And Shrubs. Nothing in this Section shall require removal of any tree or shrub now in existence but any and all trees and shrubs shall comply with the trimming provisions of Subsection (A).
Application For Variance. Any party aggrieved by any portion of this Section may apply to the Board of Adjustment for a variance.
Liability Of City And Property Owner. Nothing in this Section shall be deemed to impose any liability upon the City or upon any of its officers or employees, nor to relieve the owner and/or occupant of any private property from the duty to keep trees and bushes upon private property or under his/her control in a safe condition.
Violation And Penalty. Any person who violates any part of this Section is guilty of an infraction and upon conviction may be fined not more than five hundred dollars ($500.00), plus a reasonable removal cost.
[Ord. No. 1973 §1, 12-13-1994]
Leaves shall be collected and deposited in kraft paper bags or approved trash containers to be collected at appointed times by the waste haulers servicing the City. Said bags or containers shall be placed on the edge of the street or roadway adjacent to one's residence, but not more than five (5) feet from the edge of the street or roadway, and not in the street or roadway. Loose leaves and bags of leaves shall not be deposited in or on any street or roadway, and if accumulated, shall not be piled on top of a hill or embankment or behind or near obstacles or in any other manner which could impair visibility for those using the street or roadway.
[Ord. No. 2977, 12-10-2019]
The City shall have the right to cause the removal of dead or diseased trees on private property within the City, when such trees constitute a hazard to life and property, or harbor insects or disease which constitute a potential threat to other trees within the City. The City will notify, in writing, the owners of such trees. Removal shall be done by said owners at their own expense within sixty (60) days after the date of said notice. In the event of the failure of owners to comply with such provisions, the City shall have the authority to remove such trees and assess the cost of removal to the owners.