[Ord. No. 1330 §1, 11-6-2003]
A.
It is
the purpose of this Article to promote and protect the public health,
safety, and general welfare by providing for the development and implementation
of a Community Forestry Plan to address the planting, maintenance,
and removal of trees, shrubs and other plants in order to promote,
maintain, and improve the urban forest resource of the City of Platte
City.
B.
This
Article provides full power and authority over all trees, plants and
shrubs located within street rights-of-way, parks and public places
of the City; and to trees, plants and shrubs located on private property
that constitute a hazard or threat as described herein.
[Ord. No. 1330 §1, 11-6-2003]
As used in this Article, the following terms shall have these
prescribed meanings:
Trees, shrubs, bushes and all other woody vegetation in public
parks 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
public land and rights-of-way on either side of all streets avenues,
or ways within the City.
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.
[Ord. No. 1330 §1, 11-6-2003]
The Community Forestry Plan shall be managed by a City Tree
Board, consisting of not less than three (3) persons to be appointed
by the Mayor with the approval of the Board of Aldermen.
[Ord. No. 1330 §1, 11-6-2003]
It shall be the responsibility of the Tree 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 Board
of Aldermen and upon their acceptance and approval shall constitute
the official Community Forestry Plan for the City of Platte City.
The Tree Board, when requested by the Board of Aldermen, shall consider,
investigate, make finding, report and recommend upon any special matter
of question coming within the scope of its work.
[Ord. No. 1330 §1, 11-6-2003]
Only desirable, long-lived trees of good appearance, beauty,
adaptability, and generally free from injurious insects or disease
shall be planted in public sites. The Tree Board shall establish a
list of official tree species acceptable for planting, divided into
three (3) categories of trees based on average height of each tree
at maturity; those categories being small, medium and large trees.
No species other than those included in this list may be planted as
Street Trees without written permission of the Tree Board.
[Ord. No. 1330 §1, 11-6-2003]
The spacing of Street Trees will be in accordance with the three (3) species size classes as referred to in Section 240.050, and no trees may be planted closer together than the following: Small trees, thirty (30) feet; Medium trees, forty (40) feet; and Large trees, fifty (50) feet; except in special plantings designed by a landscape architect and approved on a case by case basis by the Tree Board.
[Ord. No. 1330 §1, 11-6-2003]
The distance trees may be planted from curbs or curb lines and sidewalks will be in accordance with the three (3) species size classes as referred to in Section 240.050, and no trees may be planted closer to any curb or sidewalk than the following; small trees, two (2) feet; medium trees, three (3) feet; and large trees, four (4) feet.
[Ord. No. 1330 §1, 11-6-2003]
No street tree shall be planted closer than thirty-five (35)
feet of any street corner, measured from the point of nearest intersection
curbs or curblines. No street tree shall be planted within ten (10)
feet of any fire hydrant.
[Ord. No. 1330 §1, 11-6-2003]
No street trees other than those species listed as small trees
in the adopted list of street trees may be planted under or within
ten (10) lateral feet of any overhead utility wire.
[Ord. No. 1330 §1, 11-6-2003]
A.
The City
shall have the right to plant, prune, maintain and remove trees, plants
and shrubs within the public rights-of-way or boundaries of all streets,
alleys, avenues, lanes, 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 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 shall be in accordance with Sections 240.060 through 240.090.
[Ord. No. 1330 §1, 11-6-2003]
Property owners abutting rights-of-way, shall be responsible
for maintaining trees, shrubs, and other woody vegetation within such
rights-of-way in a manner which promotes safe and healthy plants and
which protects the health, safety, and welfare of the public. Said
property owners shall not allow such plants to hinder or obstruct
the rights-of-way, interfere with traffic on adjacent streets or alleys,
or to create a nuisance, and shall prune the branches and remove all
dead, diseased or dangerous trees, or broken or decayed limbs. Branches
shall not obstruct the light from any street lamp or obstruct the
view of any street intersection. Said owners shall maintain a minimum
height clearance over sidewalks of ten (10) feet. Minimum height clearance
over streets shall be thirteen (13) feet, except for improved thoroughfares
and designated truck routes which shall be fourteen (14) feet.
[Ord. No. 1330 §1, 11-6-2003]
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. 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 Tree Board.
[Ord. No. 1330 §1, 11-6-2003]
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.
[Ord. No. 1330 §1, 11-6-2003]
It shall be unlawful for any person to prevent, delay or interfere
with the City, 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.
[Ord. No. 1330 §1, 11-6-2003; Ord. No. 1650 §5, 3-10-2010]
A.
The City
Building Official shall be the person approved by the City Administrator
to serve in the Codes Enforcement/Building Inspector position and
shall have the duty to investigate complaints or information received
concerning conditions that may require the removal of trees, shrubs
or other plants and to determine whether removal is warranted under
the provisions of this Article and the policies established by the
Tree Board, to order the removal of a tree, shrub or other plant on
behalf of the City.
B.
A removal order issued by the Building Official shall be served upon the owner of the property where the tree, shrub or other plant to be removed is located, or to the owner of the property adjacent to the road right-of-way if the tree, shrub or other plant is to be removed from the right-of-way, together with notification that the removal will take place on a date certain not earlier than seven (7) calendar days after the mailing of the notice and order, and further notifying the recipient of the right to appeal under Section 240.160. An appeal filed with the Tree Board shall delay the removal of the subject tree, shrub or other plant until the Tree Board can conduct its hearing and issue its decision.
C.
The Building
Official may shorten the time period for notification and appeal of
a removal order if, in the opinion of the Building Official, the tree,
shrub or other plant proposed to be removed poses an immediate threat
of harm to any person or property. If a determination is made that
such an immediate threat is posed, then the Building Official shall
also cause the subject tree, shrub or other plant to be barricaded
and otherwise marked in order to direct members of the public away
from the dangerous condition.
[Ord. No. 1330 §1, 11-6-2003]
A.
Unless
otherwise specified in this Article, whenever it is claimed that the
provisions of this Article do not apply or that the true intent and
meaning of this Article has been misconstrued or wrongly interpreted,
the respondent may appeal from the decision of the Building Official
to the Tree Board prior to the date of removal stated in the notice
and order of removal issued by the Building Official. Such appeal
shall be made in writing and filed with the City Clerk.
B.
The Board
shall have the following powers:
1.
To hear
and decide appeals where it is alleged there is error in an order,
requirement, decision or determination made by an administrative official
in the enforcement of this Article.
2.
To hear
and decide all matters referred to it or upon which it is required
to pass under the provisions of this Article or other ordinances of
the City.
3.
In passing
upon appeals, where there are practical difficulties or unnecessary
hardships in the way of carrying out the strict letter of this Article,
to vary or modify the application of any of the regulations or provisions
of this Article relating to the use, construction or alteration of
buildings or structures, or the use of land so that the spirit of
the Article shall be observed, public safety and welfare secured,
and substantial justice done.
[Ord. No. 1330 §1, 11-6-2003]
Any person violating any provision of this Article shall be, upon conviction or a plea of guilty before the Platte City Municipal Court, be subject to the misdemeanor penalties set forth in Section 100.100 of the Platte City Municipal Code.
