[R.O. 2011 §115.290; Ord. No. 99-39 §1, 10-13-1999]
The following words, when used in this Article, shall have the
meanings as set out herein:
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.
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.
[R.O. 2011 §115.300; Ord. No. 99-39 §2, 10-13-1999]
There is hereby created and established a City Tree Board for
the City of Trenton, 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 City Council.
[R.O. 2011 §115.310; Ord. No. 99-39 §3, 10-13-1999]
The term of the five (5) persons to be appointed by the Mayor
shall be three (3) years except that the term 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,
his/her successor shall be appointed for the unexpired portion of
the term.
[R.O. 2011 §115.320; Ord. No. 99-39 §4, 10-13-1999]
Members of the Board shall serve without compensation but may
be reimbursed for reasonable and necessary expenses.
[R.O. 2011 §115.330; Ord. No. 99-39 §5, 10-13-1999]
It shall be the responsibility of the Board to study, investigate,
counsel and develop and/or update annually and administer a written
plan for the care, preservation, pruning, planting, replanting, removal
or disposition of trees and shrubs in parks, along streets and in
other public areas. Such plan will be presented annually to the City
Council and upon its acceptance and approval shall constitute the
official comprehensive city tree plan for the City of Trenton, State
of Missouri. The Board, when requested by the City Council, shall
consider, investigate, make findings, report and recommend upon any
special matter or question coming within the scope of its work.
[R.O. 2011 §115.340; Ord. No. 99-39 §6, 10-13-1999]
The Board 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.
[R.O. 2011 §115.350; Ord. No. 99-39 §7, 10-13-1999]
The following list constitutes the official street tree species
for the City of Trenton, Missouri. No species other than those included
in this list may be planted as street trees without written permission
of the City Tree Board. This list may be periodically modified by
the Tree Board without notice.
|
Small Trees
|
Large Trees
|
|---|---|
|
Apricot
|
Ash, Green or White
|
|
Dogwood
|
Bald Cypress
|
|
Crabapple, flowering, scab resistant
|
Ginkgo, (male only)
|
|
Golden Rain Tree
|
Hackberry
|
|
Hawthorne, (sp.) (thornless)
|
Honeylocust (thornless)
|
|
Horse Chestnut
|
Linden or Basswood (sp.)
|
|
Maple, Amur
|
Maple, Sugar, hard varieties
|
|
Pear, Bradford or Stratford
|
Pecan
|
|
Redbud
|
Oak, Burr
|
|
Soapberry
|
Oak, English
|
|
Lilac, Jap. Tree
|
Oak, N. Red
|
|
Peach, flowering
|
Oak, Pin
|
|
Plum, purple leaf
|
Sycamore, London planetree
|
|
Service berry
|
Sweet Gum, Seedless
|
|
Tulip Tree (yellow poplar)
|
|
Medium Trees
|
Evergreen Trees
|
|---|---|
|
Birch, River
|
Red Pine
|
|
Mulberry, red (fruitless, male)
|
Shortleaf Pine
|
|
Pagoda tree, Japanese
|
Blue Spruce
|
|
Persimmon
|
Norway Spruce
|
|
Poplar, white
| |
|
Sassafras
|
[R.O. 2011 §115.360; Ord. No. 99-39 §8, 10-13-1999]
The spacing of street trees will be in accordance with the four (4) species size classes listed in Section 115.300 of this Article, and no trees may be planted closer together than the following: small trees — thirty (30) feet; medium trees — forty (40) feet; Evergreen trees — thirty (30) feet; large trees — fifty (50) feet; except in special plantings designed or approved by a landscape architect.
[R.O. 2011 §115.370; Ord. No. 99-39 §9, 10-13-1999]
The distance trees may be planted from curbs or curb lines and sidewalks will be in accordance with the four (4) species size classes listed in Section 115.300 of this Article; and no trees may be planted closer to any curb or sidewalk other than the following: small trees — two (2) feet; medium trees — three (3) feet; large trees — four (4) feet; and Evergreen trees — five (5) feet, without permission from the City Tree Board.
[R.O. 2011 §115.380; Ord. No. 99-39 §10, 10-13-1999]
No street trees shall be planted closer than thirty-five (35)
feet to any street corner, measured from the point of nearest intersection
curbs or curb lines. No street trees shall be planted closer than
ten (10) feet to any fireplug.
[R.O. 2011 §115.390; Ord. No. 99-39 §11, 10-13-1999; Ord. No. 00-35 §1, 8-28-2000]
No street trees other than those species listed as small trees in Section 115.300 of this Article and which may grow to a height not exceeding twenty-five (25) feet may be planted under or within twenty (20) lateral feet of any overhead utility wire, or over or within five (5) lateral feet of any underground water line, sewer line, transmission line or other utility, without written permission from the City Tree Board.
[R.O. 2011 §115.400; Ord. No. 99-39 §12, 10-13-1999]
A.
The
City shall have the right to plant, prune, maintain and remove trees,
plants and shrubs within the lines of any City streets, alleys, avenues,
lanes, sidewalks, squares and public grounds as may be necessary to
insure public safety or to preserve or enhance the symmetry and beauty
of such public grounds.
B.
The City 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 Sections 115.300 through 115.340 of this Article.
[R.O. 2011 §115.410; Ord. No. 99-39 §13, 10-13-1999]
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" is defined as the severe
cutting back of limbs to stubs larger than three (3) inches in diameter
with 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 Article at the determination of the City Tree Board.
[R.O. 2011 §115.420; Ord. No. 99-39 §14, 10-13-1999]
Every owner of any tree overhanging any street or right-of-way within the City shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of eight (8) feet above the surface of the street or sidewalk. Said owners shall remove all dead, diseased or dangerous tree or broken or decayed limbs which constitute a menace to the safety of the public. The City shall have the right to prune in accordance with Section 115.380 of this Article any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light or interferes with the visibility of any traffic control device or sign. The City will notify said owners two (2) weeks prior to pruning.
[R.O. 2011 §115.430; Ord. No. 99-39 §15, 10-13-1999]
The City shall have the right to cause the removal of any dead
or diseased trees on private property within the City, when such trees
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 service of notice. In the event of failure of owners
to comply with such provisions, the City shall have the authority
to remove such trees and may charge the cost of removal on the owner's
property tax notice.
[R.O. 2011 §115.440; Ord. No. 99-39 §16, 10-13-1999]
All stumps of street 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.
[R.O. 2011 §115.450; Ord. No. 99-39 §17, 10-13-1999]
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 as authorized
in this Article.
[R.O. 2011 §115.460; Ord. No. 99-39 §18, 10-13-1999; Ord. No. 00-11 §1, 4-12-2000]
It shall be unlawful for any person or firm to engage in the
business or occupation of pruning, treating or removing street or
park trees within the City without first applying for and procuring
a license. The license fee shall be based on a City business license;
provided however, that no license shall be required of any public
service company or City employee doing such work in the pursuit of
their public service endeavors. Before any license shall be issued,
each applicant shall first file evidence of possession of liability
insurance in the minimum amounts of fifty thousand dollars ($50,000.00)
for bodily injury and one hundred thousand dollars ($100,000.00) property
damage indemnifying the City or any person injured or damaged resulting
from the pursuit of such endeavors as herein described.
[R.O. 2011 §115.470; Ord. No. 99-39 §19, 10-13-1999]
The City Council shall have the right to review the conduct,
acts and decisions of the City Tree Board. Any person may appeal from
any ruling or order of the City Tree Board to the City Council who
may hear the matter and make the final decision.
[R.O. 2011 §115.480; Ord. No. 99-39 §20, 10-13-1999]
Any person violating any provision of this Article shall be,
upon conviction or plea of guilty, subject to a fine not to exceed
five hundred dollars ($500.00).
