[Ord. No. 663 §1(30.110), 2-9-2004]
This Chapter shall be known and may be cited as the "Oakland
Tree Preservation Ordinance" of the City of Oakland, Missouri.
[Ord. No. 663 §1(30.111), 2-9-2004]
A.
Purpose. It is the purpose of this Chapter to promote and
protect the public health, safety and general welfare at new construction
sites by providing for the regulation of the planting, protection,
maintenance and removal of trees within the City of Oakland, Missouri.
B.
Intent. It is the intent of the Board of Aldermen of the
City of Oakland that the terms of this Chapter shall be construed
so as to promote the planting, maintenance, restoration, protection,
preservation and survival of desirable trees within the City.
[Ord. No. 576 §5(24-20), 12-22-1998; Ord. No. 663 §1(30.112), 2-9-2004]
The definitions provided shall be used throughout this Chapter:
The Board of Aldermen of the City of Oakland, Missouri.
The diameter of a tree measured at six (6) inches above ground.
An individual with a four (4) year college degree in forestry,
horticulture, landscape architecture or a closely related field and
with a valid "Certified Arborist" designation from the International
Society of Arboriculture.
The diameter of a tree at breast height, which shall be measured
at four and one-half (4½) feet above ground.
A tree in fair or better condition, which equals or exceeds
the diameter sizes as follows:
Large hardwoods (oaks, hickories, etc.) — 24" DBH;
Large softwoods (pines, spruces, etc.) — 20" DBH;
A tree in "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 limb (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
Board of Aldermen.
That manual that delineates and identifies all areas to be
maintained by such landscape company or companies with which the City
contracts from time to time. The landscape manual shall provide specifications
for the planting and replanting of such areas, the common and botanical
names of the proposed species to be planted, the number of plants
of each species, the size of the plants to be used and such other
details as the Tree and Landscape Commission determines from time
to time to be necessary.
A plan that identifies areas of tree preservation and methods
of tree protection within the protected zone, as well as all areas
of replanting. Within replanting areas, the common and botanical names
of the proposed species, the number of plants of each species, the
size of all plant materials, the proposed location of all plant materials
and any unique features of the plant materials shall be indicated.
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.
The qualified designated official of the City of Oakland,
Missouri, or their designated representative assigned to carry out
the enforcement of this Chapter.
Trees 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 on privately owned property within the City of Oakland
to which the public has no free access.
The record owner or contract purchaser of any parcel of land.
Trees on land lying between the edge of the pavement and
the contiguous right-of-way or easement line of any street within
the City.
A woody plant typically growing as a single stem (rarely
a multiple stem) in an upright form, that will attain a mature height
of at least fifteen (15) feet and a diameter (measured at four and
one-half (4.5) foot above ground) of at least two (2) inches.
The area of ground taken up when measuring the branch spread
of a tree from branch tip to branch tip or the area covered by a group
or cluster of trees with contiguous (or nearly contiguous) canopies.
A permit obtained from the City of Oakland under the following
guidelines:
Application will be made by the property owner or developer
to the Ordinance Enforcement Official for the removal of any tree
on private property when the removal is associated with any activity
requiring a site plan approval or for construction of a new primary
structure.
The tree canopy coverage on a site proposed for development
that will not be disturbed by grading or storage of materials or disturbance
of any kind. Tree preservation area is a "no-violation" zone that
is typically bordered by the limit of disturbance line.
The TPP shall include a statement of the subject property's
zoning district, site area, wooded area, clearing limits, percentage
of tree canopy saved, percentage of tree canopy planted, total tree
canopy of property and proposed structure to be built. There shall
also be submitted a survey/graphic representation (aerial photograph
is acceptable) of the subject property complete with property lines
(solid), setback lines (dashed), existing tree line (scalloped), clearing/disturbance
limits including driveway, home, yard area and septic area if applicable
(heavy solid), all existing easements with width (in feet) and easement
holder names; and all existing and proposed structures. Scale, north
arrow and surveyor's information shall also be included.
[Ord. No. 663 §1(30.113), 2-9-2004)2-9-04]
A.
On
private property, a tree permit is required from the Ordinance Enforcement
Official for the removal of any healthy trees when the tree removal
is associated with construction or development that requires site
plan approval or for the construction of a new primary structure.
The property owner or developer will make application. The removal
of diseased or dead trees and trees which are a public nuisance is
exempt. The property owner or developer must apply for the tree permit.
An application for a tree permit shall include the following:
1.
A tree preservation plan (TPP — see definitions) and a site
development plan (if applicable) to the Ordinance Enforcement Official.
2.
The applicant shall post a surety or cash escrow for the benefit
of the City of Oakland to account for trees that die or are damaged
beyond repair, as a result of grading or construction damage within
a two (2) year period after the issuance of the final occupancy permits.
The amount of the surety required shall be in the amount of two thousand
dollars ($2,000.00) for each acre of the tree preservation area or
ten thousand dollars ($10,000.00), whichever is more. (The escrow
is not required for applicants building on single-family residential
zoned lots.)
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All tree removal permit requests shall be reviewed by the Ordinance
Enforcement Official for compliance with these regulations and either
approved, approved with conditions, returned for revisions or denied
within forty-five (45) days of receipt. Any failure to respond within
forty-five (45) days shall be deemed a denial. Approval will be based
upon the reasonable efforts to preserve trees on the site as determined
by the Ordinance Enforcement Official.
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B.
Denial Of Tree Removal Permit — Right Of Appeal. In
the event the Ordinance Enforcement Official denies a tree permit
application associated with development activities, the applicant
may appeal such decision to the Board of Adjustment.
C.
Required Tree Protection. No more than seventy percent (70%) of the existing tree canopy coverage may be cleared or developed. The remaining thirty percent (30%) shall be maintained without disturbing the roots of trees in the protected area. Any trees removed during development that exceeds the thirty percent (30%) canopy protection provision are subject to the replacement provisions outlined in Subsection (D) below.
D.
Required Tree Replacement. Replacement of trees is required when the tree protection requirements in Subsection (C) above cannot be met. Tree replacement shall occur in a sufficient quantity to create a tree canopy coverage on the site equal to thirty percent (30%) of the existing tree canopy coverage. New trees to be planted shall be no less than two (2) inches in caliper (measured at six (6) inches above the ground) and no greater than four (4) inches in caliper unless otherwise approved by the Ordinance Enforcement Official. Each newly planted tree will account for two hundred (200) square feet of tree canopy coverage towards the required replanting. If sufficient space on-site is not available for replanting the required number of trees, the Ordinance Enforcement Official may permit the applicant to provide for the deficiency as a fee payable to the City of Oakland at a monetary value of one hundred twenty dollars ($120.00) per tree.
E.
Replacement Standards. All replacement plantings will be
performed according to the latest standards set forth by the International
Society of Arboriculture and as approved by the Ordinance Enforcement
Official. In such cases that all replacement trees cannot be planted
on site (at the discretion of the Ordinance Enforcement Official),
the trees can be planted on other sites in the City of Oakland that
are approved by the Ordinance Enforcement Official or at the discretion
of the Ordinance Enforcement Official a payment can be made to the
City of Oakland that will be used for the planting of trees on City-owned
property.
F.
Prior
to issuing any permits, should any preserved tree die or become damaged
as a result of grading or construction, the owner/developer will pay
an assessment equal to the value of the trees that die, are damaged
beyond repair or are removed. The value of the trees will be determined
using the International Society of Arboriculture's methodology of
tree appraisal. (Copies available from ISA at PO Box 3129; Champaign,
IL; www.isa-arbor.com). The City will withhold any permits until the
assessment is paid. Assessments will be paid from any existing sureties
or escrows if available.
G.
Within
a two (2) year period after the permit is issued, the owner/developer
shall replace protected trees that die or are damaged beyond repair
as a result of grading or construction damage as determined by a certified
arborist. Failure to plant successfully shall constitute a default
and the City of Oakland shall be entitled to proceed against the surety
or escrow. Replacements will be planted on site unless the density
of the planting becomes unreasonable. In such cases that all replacement
trees cannot be planted on site (at the discretion of the Ordinance
Enforcement Official), the trees can be planted on other sites in
the City of Oakland that are approved by the Ordinance Enforcement
Official or at the discretion of the Ordinance Enforcement Official
a payment can be made to the City of Oakland that will be used for
the planting of trees on City-owned property.
[Ord. No. 576 §5(24-22), 12-22-1998]
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 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 Article at the determination of the City Official to whom such duty has been or may be delegated. See Section 520.010.
[Ord. No. 576 §5(24-25), 12-22-1998]
The Ordinance Enforcement Official has the authority to enter onto private property whereon there is located a tree, shrub, plant or plant part that is suspected to be public nuisance and to order its removal if necessary. For purposes of this Section, a public nuisance shall be any tree with an infectious disease or insect problem; dead or dying trees; a tree or limb(s) that obstruct street lights, traffic signs, the free passage of pedestrians or vehicles; or a tree that poses a threat to public safety. Such nuisances shall be abated according to the procedures of Chapter 215 of the Code.
[Ord. No. 663 §1(30.113), 2-9-2004]
Any person who violates any provision of this Chapter or who
fails to comply with any notice issued pursuant to the provisions
of this Chapter, upon being found guilty of violation, shall be subject
to a fine not to exceed two hundred dollars ($200.00) for each separate
offense. Each day during which any violation of this provision of
this Chapter shall occur or continue shall be a separate offense.
If, as the result of the violation of any provision of this Chapter,
the injury, mutilation or death of a tree, shrub or other plant located
on City-owned property is caused, the cost of repair or replacement
of such tree, shrub or other plant shall be borne by the party in
violation. The replacement value of trees and shrubs shall be determined
by a local consulting arborist using the latest revision of A Guide
to the Professional Evaluation of Landscape Trees, Specimen Shrubs
and Evergreens as published by the International Society of Arboriculture.
The consulting arborist's fees will be included in the cost of replacement.
