[R.O. 2012 §270.010; Ord. No. 1318 §1, 6-15-2004]
As used in this Chapter, the following terms shall have these
prescribed meanings:
Trees, dead or in poor health, with severe structural defects.
To be designated as a hazard tree, a structurally-compromised tree
must have a "target". In an urban setting, structurally compromised
trees will be considered hazard trees because tree falls could target
humans, residences, streets and pets.
Trees, shrubs and other woody vegetation in public parks.
Trees, shrubs and all other woody vegetation on land lying
within the City's right-of-way between the property lines on either
side of all streets and avenues within the City.
[R.O. 2012 §270.020; Ord. No. 1318 §1, 6-15-2004]
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 parks and right-of-way areas of the City of Warson
Woods, Missouri. This Chapter is meant to promote the restoration
and survival of desirable trees, shrubs and other plants within the
City. Furthermore, this Chapter is meant to promote the protection
of community residents from personal injury and property damage and
to assure the protection of the City of Warson Woods from property
damage caused or threatened by the improper planting, maintenance
or removal of trees, shrubs or other plants located within the community.
Finally, the City desires to assist its citizens in their responsibility
in maintaining street trees and with planting or replacement thereof,
all in furtherance of the purposes of this Chapter.
[R.O. 2012 §270.030; Ord. No. 1318 §1, 6-15-2004]
There is hereby created and established a City Tree Board for
the City of Warson Woods, Missouri, which shall consist of the members
of the Parks and Beautification Commission of this City and the City
Arborist or the Arborist's designee (hereinafter referred to as the "City Arborist").
[R.O. 2012 §270.040; Ord. No. 1318 §1, 6-15-2004]
The term of the Tree Board shall be the same as the Parks and
Beautification Commission.
[R.O. 2012 §270.050; Ord. No. 1318 §1, 6-15-2004]
Members of the Tree Board shall serve without compensation.
[R.O. 2012 §270.060; Ord. No. 1318 §1, 6-15-2004]
A.
It shall
be the responsibility of the Tree Board and the City Arborist to study,
investigate, counsel and develop and/or update bi-annually and administer
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 to the Board
of Aldermen and upon their acceptance and approval shall constitute
the official comprehensive City tree plan for the City of Warson Woods,
Missouri.
B.
To encourage
the planting of street trees, the Tree Board is further authorized
to develop, institute and manage a program to distribute the trees
for planting in City right-of-way or other public space. To facilitate
the street tree program, the Parks and Beautification Commission acting
as the Tree Board is authorized to allocate at least two dollars ($2.00)
per resident per year in the Parks and Beautification Commission budget
for purchase or maintenance of street trees.
C.
The Tree
Board, when requested by the Board of Aldermen, shall consider, investigate,
make finding, report and recommend upon any special matter or question
relating to trees.
D.
The Tree
Board has the authority to require proper maintenance for safety purposes
and replanting of street trees and other public landscaping to assure
continued greenspace.
[R.O. 2012 §270.061; Ord. No. 1400 §1, 8-21-2007]
A.
Any resident
desiring to remove a tree two (2) inches in diameter or larger in
the right-of-way shall:
1.
Obtain
a street tree removal permit prior to removal;
2.
Grind
the stump after removal and remove tree chips and fill the hole with
soil; and
3.
Replace
the tree with another right-of-way tree of at least two (2) inches
in diameter. The species of the replacement tree shall be selected
from a list on file with the City Arborist. The replacement tree need
not be placed in the same location as the removed tree.
[R.O. 2012 §270.070; Ord. No. 1318 §1, 6-15-2004]
The Tree Board shall choose its own officers, make its own rules
and regulations and keep minutes of its proceedings. A majority of
the members shall be a quorum for the transaction of business.
[R.O. 2012 §270.080; Ord. No. 1318 §1, 6-15-2004]
The City of Warson Woods, Missouri, shall maintain an extensive
list of recommended trees for planting in public areas. The purpose
of this list will be to ensure that new plantings help 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 or public properties. The list of recommended trees shall
be updated periodically by the Tree Board to reflect new developments
or species that will affect the population of the community forest.
If a resident desires to plant a tree not listed, the resident must
get approval from the Tree Board or from the City Arborist.
[R.O. 2012 §270.090; Ord. No. 1318 §1, 6-15-2004]
A.
Street
trees may be planted in the City right-of-way. Right-of-way distances
may be checked by survey, by reference to subdivision plat or plot
plan, or inquiry to City Hall. When the homeowner chooses a right-of-way
planting site between the street curb and the sidewalk, that space
must measure a width of at least four (4) feet. Street trees shall
be planted no closer than two (2) feet from a sidewalk, driveway or
street.
B.
No street
trees shall be planted closer than ten (10) feet from any street corner,
measured from the point of the nearest intersection of curbs or curb
lines.
C.
No street
tree shall be planted closer than ten (10) feet from any fireplug.
D.
Special
permission must be obtained from the City or utility when planting
street trees within ten (10) feet of any point on a line on the ground
immediately below any overhead utility wire.
[R.O. 2012 §270.100; Ord. No. 1318 §1, 6-15-2004]
A.
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,
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.
The City
may remove or cause or order to be removed any tree or plant therefore
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 which shall cause it
to be designated a hazard tree.
D.
Any resident
desiring to remove a failing tree in excess of two (2) inches in diameter,
in the right-of-way, shall:
E.
The City shall not issue any permit or other approval to remove a healthy, sound street tree. Determination of the condition of the tree shall be made by the City's arborist. Removal of a street tree without a permit shall be a violation of this Chapter punishable as set forth in Section 245.180 herein.
F.
Right Of Appeal. Any person aggrieved by any decision of
the City Arborist, or any officer, department, board or committee
of the municipality affected by any decision of the City Arborist,
may appeal the City Arborist's decision to the Tree Board. Such appeal
shall be taken within ten (10) days of the City Arborist's decision
by filing with the City Clerk a notice of appeal specifying the grounds
thereof. The City Arborist shall forthwith transmit to the Tree Board
all documentation constituting the record upon which the action appealed
from was taken. An appeal stays all proceedings in furtherance of
the action appealed from, unless the City Arborist certifies to the
Tree Board after the notice of appeal shall have been filed that by
reason of facts stated in the certificate a stay would, in the City
Arborist's opinion, cause immediate peril to life or property. In
such case, proceedings shall not be stayed otherwise than by a restraining
order which may be granted by the Tree Board or by a court of record
on application or notice to the City Arborist from whom the appeal
is taken and on due cause shown. The Tree Board shall fix a reasonable
time for the hearing of the appeal, give notice to the parties in
interest, and decide the same within a reasonable time. Upon the hearing
any party may appear in person or by agent or by attorney.
[R.O. 2012 §270.110; Ord. No. 1318 §1, 6-15-2004]
No person shall plant a street tree without first notifying
the Tree Board. There will be no fee required.
[R.O. 2012 §270.120; Ord. No. 1318 §1, 6-15-2004]
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 Tree Board.
[R.O. 2012 §270.130; Ord. No. 1318 §1, 6-15-2004]
Clearance over streets and walkways shall be the responsibility of the abutting property owner. A clearance of eight (8) feet must be maintained over walkways and a clearance of twelve (12) feet must be maintained over streets and alleys. Property owners are responsible for trees on their own property as well as trees in public right-of-way that abuts their property. See Section 210.030(D).
[R.O. 2012 §270.140; Ord. No. 1318 §1, 6-15-2004]
The City shall have the right to cause to be removed any tree
within the City that is dead or has been declared to be a "hazard
tree". The City will notify in writing the owners of such trees. Removal
is the responsibility of the owners of such trees and shall be accomplished
within the time limits set by the Tree Board.
[R.O. 2012 §270.150; Ord. No. 1318 §1, 6-15-2004]
It shall be unlawful for any person to prevent, delay or interfere
with the Tree Board 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 parks, public areas and
City rights-of-way.
[R.O. 2012 §270.160; Ord. No. 1318 §1, 6-15-2004; Ord. No. 1359 §1, 5-16-2006]
The Mayor or his or her designee is hereby charged with the
responsibility for the enforcement of this Chapter and may serve notice
on any person, firm or corporation in violation thereof or institute
legal proceedings as may be required and the City Attorney and/or
Prosecutor is hereby authorized to institute appropriate proceedings
to that end.
[R.O. 2012 §270.170; Ord. No. 1318 §1, 6-15-2004]
It shall be unlawful for any person to prevent, delay or interfere
with access to private property by the City or its representatives
in the legal performance of any Section of this Chapter.
[R.O. 2012 §270.180; Ord. No. 1318 §1, 6-15-2004; Ord. No. 1397 §5, 6-19-2007]
Any person violating any of the provisions of this Chapter shall
be deemed guilty of an ordinance violation. Each day such violation
is committed or permitted to continue shall constitute a separate
offense and shall be punishable as such.
[R.O. 2012 §270.190; Ord. No. 1318 §1, 6-15-2004]
Persons or firms engaging in the business of pruning, treating
or removing any street tree, or park 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.
[R.O. 2012 §270.200; Ord. No. 1318 §1, 6-15-2004]
This Chapter shall be in full force and effect from and after
its passage, approval and publication according to law.
