[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.
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.
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]
A restricted use pesticide that requires a Municipal, County,
State and/or Federal license and/or permit to purchase and/or administer.
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.
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.
Those trees not included in the meaning or intent of the
definition of "certain trees" above.
[Ord. No. 2977, 12-10-2019]
A.
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.
B.
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.
C.
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.
D.
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]
A.
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:
1.
Certain trees in or overhanging an easement.
a.
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.
b.
Such a tree, so identified, may be cut to the ground if its trunk
lies entirely within such utility easement.
c.
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.
2.
Other trees entirely in or partly in an easement—phase-out
and replacement.
a.
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.
b.
It will be the owner's/resident's responsibility to obtain and plant
such replacements.
c.
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.
d.
Certain trees shall not be planted wholly or partially within the
utility easement nor where they may interfere with the line in the
future.
e.
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.
f.
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.
g.
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.
h.
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.
3.
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.
4.
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.
5.
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]
B.
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.
C.
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.
D.
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.
E.
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]
A.
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.
B.
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]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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).
H.
Application For Variance. Any party aggrieved by any portion
of this Section may apply to the Board of Adjustment for a variance.
I.
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.
J.
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.
