[R.O. 2011 §126.010; Ord. No. 234 §1, 12-6-2006; Ord. No. 248 §1, 7-18-2007]
Creation And Establishment Of A Village Tree Board. There is hereby created and established a Village Tree Board for Twin Oaks, Missouri, which shall consist of the Chairperson of the Board of Trustees, Chairperson of the Park Committee and the Village Administrator/Clerk. The Community Forest Manager shall be an ex officio member of the Village Tree Board.
Duties And Responsibilities. It shall be the responsibility of the Tree Board to study, investigate, counsel and recommend updates to the Village of Twin Oaks Comprehensive Landscape Master Plan. The Board shall also advise the Village in the care, replacement, maintenance and removal or disposition of trees and shrubs in parks, along streets and in other public areas. The Comprehensive Landscape Master Plan shall serve as a guide for the Village Tree Board.
The Tree Board shall consider all existing and future utility, public works and environmental factors when recommending improvement for each street, park and other public lands of the municipality.
The Tree Board shall recommend amendments or additions to the Comprehensive Landscape Master Plan at any time for consideration by the Board of Trustees.
The Tree Board, when requested by the Board of Trustees, shall investigate, make findings, report and recommend upon any special matter or questions relating to trees.
Operation. The Tree Board shall choose its own officers, make its own rules and regulations and keep journals of its proceedings according to law. A majority of the members shall be a quorum for the transaction of business.
Interference With The Tree Board. It shall be unlawful for any person to prevent, delay or interfere with the Tree Board or Village employee or any of its representatives or agents while engaging in or about the planting, cultivating, mulching, pruning, spraying or removing of any trees within the public community forest.
[R.O. 2011 §126.020; Ord. No. 234 §1, 12-6-2006; Ord. No. 248 §1, 7-18-2007]
Purpose And Intent. The citizens and elected officials of the Village of Twin Oaks realize that trees and vegetation are important elements of the character and ambiance of our Village. The planting, maintenance and preservation of trees and vegetation in the course of land development has also been determined to be a significant issue affecting the public health, welfare and the Village'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 Village 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 Village of Twin Oaks. Therefore, the mitigation standards as set out in this Chapter apply to all properties within the boundaries of the Village of Twin Oaks.
Street Tree Species To Be Planted. The Village 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 Village 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.
[R.O. 2011 §126.030; Ord. No. 234 §1, 12-6-2006; Ord. No. 248 §1, 7-18-2007]
As used in this Chapter, the following terms shall have these prescribed meanings:
- The diameter of a tree six (6) inches above ground.
- See "COMMUNITY FOREST MANAGER".
- COMMUNITY FOREST MANAGER (CFM)
- Professional consultant retained by the Village to advise staff on the care and maintenance of landscaping throughout the Village as well as implementation of the Comprehensive Landscape Master Plan.
- 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- and long-term landscaping recommendations throughout the Village.
- CONIFEROUS TREE
- 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.
- DECIDUOUS TREE
- 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.
- LANDMARK TREES
- A tree in fair or better condition which equals or exceeds these diameter sizes:
- 1. Large hardwoods (oaks, hickories, etc.) — twenty-four (24) inches DBH.
- 2. Large hardwoods (pines, spruces, etc.) — twenty (20) inches DBH."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.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 Village of Twin Oaks Tree Board or the CFM.
- LARGE TREES
- Trees attaining a mature height of forty-five (45) feet or more and/or a mature spread of thirty (30) feet or more.
- LIMIT OF DISTURBANCE
- 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.
- MEDIUM TREES
- Trees attaining a mature height of thirty (30) to forty-five (45) feet and/or a mature spread of twenty (20) feet or more.
- NATURAL WATERCOURSE
- A channel formed in the existing surface topography of the earth prior to manmade changes.
- PARK TREES
- Trees located within Village-owned public parks.
- PRIVATE COMMUNITY FOREST
- All trees within municipal boundaries but not owned by the Village.
- PRIVATE TREE
- A tree located on privately owned property (i.e., not owned by the Village of Twin Oaks).
- PUBLIC COMMUNITY FOREST
- All street and park trees and other trees owned by the Village as a total resource.
- SMALL TREES
- Trees attaining a mature height of up to thirty (30) feet and a mature spread of approximately twenty (20) feet or less.
- STREET TREES
- Trees located on Village-owned right-of-way along public streets.
- 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 CANOPY COVERAGE
- 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.
- TREE TOPPING
- 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.
- WATER BODY
- 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 (2½) inches in diameter (DBH) or greater.
[R.O. 2011 §126.040; Ord. No. 234 §1, 12-6-2006; Ord. No. 248 §1, 7-18-2007]
Minimum Requirements. Landscaping and tree planting are required in all new property developments. Required minimum landscaping and tree planting shall include the following:
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 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 (2½) inch caliper deciduous tree for every forty (40) feet of street frontage.
Parking lot trees. Parking lots shall be landscaped with at least one (1) two and one-half (2½) 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.
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.
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, landscaping plan shall be submitted to and approved by the Planning and Zoning Commission and the Board of Trustees.
Distance And Clearance Requirements. Unless otherwise stipulated in this Chapter or approved through the zoning process, in all areas of the Village, trees and shrubs must be planted at least four (4) feet from the curb, corners and fire hydrants. The Village may deem it necessary and proper to maintain streets free of overhanging or obstructive tree branches or other vegetation. All such green growth shall be trimmed to a height of fourteen (14) feet above and three (3) feet along roadways and streets.
[R.O. 2011 §126.050; Ord. No. 234 §1, 12-6-2006; Ord. No. 248 §1, 7-18-2007]
Park trees shall be maintained by outside contractors upon verification of qualifications.
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 Village.
The Village shall have the right to maintain trees on public property as may be necessary to insure the public safety.
All work on public and private trees will be consistent with American National Standard Institute A300, Standard Practices for Woody Plant Maintenance.
Tree Topping. It shall be unlawful as a normal practice for any person, firm or Village 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 Tree Board.
[R.O. 2011 §126.060; Ord. No. 234 §1, 12-6-2006; Ord. No. 248 §1, 7-18-2007]
Standards. It shall be unlawful for the owner of any lot or parcel of ground in the Village to maintain or allow to stand upon such lot or parcel of ground any tree or tree limb which, due to a 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 or any adjacent property in the Village or is likely to cause damage to any tree of other landowners by the spread of a contagious disease.
Lot Owner's Responsibility. It shall be the duty of the owner of any lot or parcel of ground in the Village to properly cause such trees or tree limbs as are described in Subsection (A) of this Section to be cut down and no tree or tree limb in the Village which has been cut down or which has fallen or been broken down shall be permitted to remain in or upon any sidewalk, street or adjacent property in the Village or so near thereto as to endanger any person thereon and it shall be the duty of the owner of such lot or parcel of ground to cause the same to be promptly removed and it shall be unlawful for any such owner to fail so to do.
Nuisances. Trees or tree limbs on private land that cause obstructions, present insect or disease problem or otherwise present a danger to public health or safety are hereby declared to be a nuisance by the Community Forest Manager, at which time the Village Administrator/Clerk may order such to be pruned, removed or treated. This includes, but is not limited to, trees diagnosed with dutch elm disease or oak wilt.
Notice to prune, remove or treat. Should any person owning real property bordering on any street fail to prune, remove or treat trees as herein above, the Village Administrator/Clerk shall order such person, within ten (10) days after receipt of written notice, to so prune, remove or treat such trees.
Order required. The order required herein shall be served by mailing a copy of the order to the last known address of the property owner by certified mail.
Appeal. The property owner has the right to appeal the order to prune, remove or treat by appealing to the Board of Adjustment. 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 Board should uphold the order, the property owner has an additional ten (10) days from the Board's decision to complete the required pruning, removal or treatment.
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 Village to prune, remove or treat such trees and the exact cost thereof shall be assessed to the owner.
[R.O. 2011 §126.070; Ord. No. 234 §1, 12-6-2006; Ord. No. 248 §1, 7-18-2007]
It shall be unlawful for any person who owns, manages or occupies any premises within the Village 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 street right-of-way. Plantings and landscaping less than thirty (30) inches in height shall be exempt from these provisions unless declared a nuisance.
Owners shall trim all vegetation that obstructs the view or passage on any street, sidewalk or bike path. Street 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 the motoring and pedestrian public. All vegetation shall be trimmed so it shall not obstruct any street or traffic sign.
[R.O. 2011 §126.080; Ord. No. 248 §1, 7-18-2007]
The Village Administrator/Clerk is charged with the responsibility of enforcing this Chapter. In addition to any other penalty imposed by the Village, any person who causes damage to any tree, shrub, etc., shall replace said tree or shrub with one of equal value. In the event the tree, shrub, etc., cannot be so replaced, the person causing injury or damage shall be punished in accordance with Section 100.100 of this Code.