[Ord. No. B06-13[1] §1, 8-19-2013]
For the purpose of this Chapter, the following terms, phrases,
words and any derivations shall have the meanings given herein.
A written document that guides the work of the Tree Board.
The City of Glendale, Missouri.
A citizen of the City and member of the Tree Board who volunteers
to carry out the enforcement of said Chapter.
Designated as those trees attaining a height of forty-five
(45) feet or more with a mature spread of forty (40) feet or more.
Designated as those trees attaining a height of thirty (30)
feet to forty-five (45) feet with a mature spread of thirty (30) feet
or more.
Any person, firm, partnership, corporation, company, association
or organization of any kind.
The outer edge of a street or highway right-of-way (ROW).
The person owning such property as shown on plat maps.
Deemed to include any owner, tenant, lessee, occupant or
agent or manager for any property in the City.
Includes all grounds owned by the City.
Includes all ornamental and shade trees now or hereafter
growing on any street or on any public land where otherwise indicated.
Designated as those trees attaining a height of twenty (20)
feet to thirty (30) feet with a mature spread of twenty (20) feet
or more.
Refers to the entire width of every public way or right-of-way
when any part thereof is open to the use of the public, as a matter
of right, for purposes of vehicular and pedestrian traffic.
That part of a street or highway not covered by sidewalk
or other paving, lying between the property line and the edge of the
paved portion of the street.
The collection of shrubs, trees, vegetation and associated
natural features that make up the City tree canopy and its growing
zone.
[Ord. No. B06-13 §1, 8-19-2013]
A.
A Tree Board is hereby established.
B.
Membership; Compensation.
1.
The Tree Board shall consist of two (2) regular members who
are residents of the City and one (1) representative of the Board
of Aldermen, who shall be appointed by the Mayor with the approval
of the Board of Aldermen. In addition to these members, the City Administrator,
and the City Forester shall be ex officio members and the Public Works
Superintendent shall serve as a staff liaison of the Tree Board.
2.
The two (2) regular members initially appointed by the Mayor
and approved by the Board of Aldermen shall be appointed as follows:
one (1) for three (3) years and one (1) for four (4) years, and serve
until their successors are duly appointed and approved by the then
current Mayor and Board of Aldermen.
3.
Successors to those members appointed by the Mayor shall thereafter
be appointed for terms of four (4) years. Vacancies caused by resignation,
death or otherwise, shall be filled for the unexpired term in the
same manner as original appointments are made.
4.
The term of the Tree Board member representing the Board of
Aldermen shall coincide with the term of his/her membership on the
Board of Aldermen.
5.
All members of the Tree Board shall have equal voting rights
with the exception of the Public Works Superintendent who shall have
no voting rights.
6.
All members of the Tree Board shall serve without pay.
[Ord. No. B06-13 §1, 8-19-2013]
A.
The duties of the Tree Board shall be as follows:
1.
To assist the properly constituted officials of the City, as
well as citizen and community groups, in the dissemination of news
and information regarding the selection, planting and maintenance
of trees within the City limits, whether they are on private or public
property.
2.
To study the urban forest, including problems involving the
City tree population, determine needs, compose and review annually
a Tree Plan and seek ways to implement it.
3.
To provide regular and special meetings at which the subject
of the urban forest may be discussed by the citizens of the City.
B.
Organization of Board; Quorum.
C.
The Tree Board shall provide for the adoption of rules and procedures
and for the holding of regular and special meetings as said Board
shall deem advisable and necessary in order to perform the duties
set forth. A journal of proceedings and activities is to be recorded.
D.
The Tree Board may engage in any other lawful activity in pursuit
of the mission of this Board which may benefit the urban forest, including
such activities as:
[Ord. No. B06-13 §1, 8-19-2013]
There shall be appointed by the Mayor with the approval of the
Board of Aldermen some suitable person as City Forester, and he/she
shall not receive any compensation for his/her services except by
special agreement with the City for some certain services.
[Ord. No. B06-13 §1, 8-19-2013]
The City Forester shall, where possible, be a person skilled
or trained in forestry, horticulture, or other closely related field.
[Ord. No. B06-13 §1, 8-19-2013]
The City Forester shall have the power to superintend, regulate
and encourage the planting, culture and preservation of shade and
ornamental trees and shrubbery on the streets, alleys and public highways
in the City and the grass and lawns in the parkways along the streets
thereof for the purpose of keeping the lawns uniform throughout the
parkways of the City; to prune, spray, cultivate and otherwise maintain
such trees, shrubbery and lawns and to direct the time and method
of trimming the same; to advise property owners regarding the kind
of trees and shrubbery and method of planting; and to take such measures
as may be necessary to control all insect pests and plant diseases
which may affect trees and shrubbery on such streets, alleys and public
highways and shall, when requested by the Prosecuting Attorney, assist
in the prosecution of persons charged with the violation of any of
the provisions of this Chapter.
[Ord. No. B06-13 §1, 8-19-2013]
A.
The City Forester shall report to the Tree Board on a regular basis
and shall be in attendance at all regular and special meetings of
the Tree Board, its subcommittees or other community meetings as designated
by the Chairman.
B.
The City Forester shall have the authority and jurisdiction of regulating
the planting, maintenance and removal of trees on streets and other
publicly owned properties to insure safety or preserve the integrity
of such public sites by granting permits.
C.
The City Forester or his designee shall have the authority to affix
reasonable conditions to the granting of a permit in accordance with
the terms of this Chapter.
[Ord. No. B06-13 §1, 8-19-2013]
No person or persons shall delay, hinder, prevent or interfere
with the City Forester while engaged in carrying out the execution
or enforcement of this Chapter.
A.
The Tree Board shall have the authority to formulate a Community
Tree Plan with the advice of consultants, agencies and approval of
the Mayor.
B.
The Community Tree Plan shall include but not be limited to the goals
and missions of the Tree Board, an approved tree list, an inventory
of resources, needed work, associated cost and time scheduled for
work and relevant information such as activities of the Tree Board,
standard tree maintenance and planting specification and permit application
procedures.
[Ord. No. B06-13 §1, 8-19-2013]
A.
The following permits shall be required:
1.
Planting, maintenance and removal. No person
shall plant, spray, fertilize, remove, prune, or otherwise disturb
any tree on any street or public owned property without first procuring
a permit from the City Forester or his designee.
2.
Planting permit.
a.
Application data. When making application for
a planting permit on publicly owned property, the applicant shall
illustrate the number and types of trees or other plants to be planted.
b.
Proper planting. When any tree shall be planted
on public land, it shall be planted, staked, fertilized, watered,
mulched or otherwise cared for according to proper planting specifications
issued by the Tree Board.
3.
Maintenance permit.
a.
Application data. When making application for
a maintenance permit, the applicant shall state the number and kinds
of trees to be sprayed, fertilized, pruned or otherwise preserved;
the kind of treatment to be administered; the composition of the spray
materials to be applied; and other such information as the City Forester
or his designee shall deem reasonably necessary to determine issuance
of permit.
4.
Removal and replacement permit. When making
application for a tree removal and replacement permit, the applicant
shall describe the number and kinds of trees to be removed, their
size, location, health/age, condition and the proposed method of removal
and other such information as the City Forester or his/her designee
shall deem reasonably necessary to determine issuance of permit. The
City Forester shall not issue a permit to remove any tree that he/she
deems to be healthy unless it is determined that there are extenuating
circumstances as determined by the Tree Board. The Tree Board shall
be responsible for considering the removal of healthy trees and determining
extenuating circumstances on a case by case basis. Criteria for determining
if an extenuating circumstance exists may include but shall not be
limited to the following: human safety, damage to public or private
property, traffic line of sight issues, if the subject tree is on
the City’s “do not plant” list, the cost of removing
the tree, and whether or not the tree negatively affects public utilities.
Nothing in this Section shall prohibit the immediate removal of any
tree in the City right-of-way that is deemed by the City Forester
or his/her designee to be an imminent or substantial threat to human
safety or to public or private property.
[Ord. No. B02-17, 4-3-2017]
[Ord. No. B06-13 §1, 8-19-2013]
A.
Every owner and tenant of property located in the City abutting on
a street, highway, sidewalk, public way or easement for a street or
sidewalk purposes shall:
1.
Keep all grass and lawns in such easements neatly cut and trimmed.
2.
Keep all vegetation, shrubs, trees and bushes on such property
or on any such easement trimmed and cut so that no part or branch
thereof shall extend above any part of the paved portion of any street
or sidewalk to a height of less than nine (9) feet, and no part of
which shall be a source of danger to persons or vehicles using such
sidewalks, streets, highways, public ways and easements.
B.
Every owner or tenant of property in the City abutting on any street,
highway, sidewalk, public way or easement for street or sidewalk purposes
shall keep any bushes and trees and other vegetation trimmed so that
it shall not interfere with the safe operation of vehicles on the
streets of the City. The owners of such property which abuts intersecting
streets and sidewalks in the City shall keep all bushes, trees, shrubs
and other vegetation, trimmed to such a height that vehicles approaching
such intersections shall have a clear sight vision of vehicles approaching
at a right angle and for a reasonable safe distance, taking into account
the speed limits, the street conditions, the topography of the streets,
the traffic controls and the contour of the adjacent lots.
C.
The Chief of Police and the Police Department of the City are hereby
charged with the enforcement of this Section. If, in the opinion of
a police officer, any property owner or tenant shall be in violation
of the terms of this Section, such property owner or tenant shall
first be given written notice to correct such violation within ten
(10) days, and in the event such violation is not corrected within
ten (10) days, such property owner or tenant shall be issued a summons
for violation of this Section.
D.
The City Forester or his designee may order the pruning, treatment
or removal of trees on private land that cause obstructions, present
insect or disease problems or are an otherwise present danger to public
health or safety.
[Ord. No. B06-13 §1, 8-19-2013]
No person shall intentionally damage, cut, transplant, carve
or remove any tree; attach any wire, rope, advertisements, nails,
posters or other apparatus to any tree; allow any gaseous liquid or
solid substance which is deemed harmful to trees to come into contact
with them; set fire to, or permit any fire to burn when such fire
or the heat thereof will injure any portion of the tree.
[Ord. No. B06-13 §1, 8-19-2013]
A.
All public trees shall be protected during construction.
1.
All trees on any street or other publicly owned property near
any excavation or construction of any building, structure or street
work shall be guarded with an appropriately substantial fence, frame
or box. The tree protection zone shall not be less than four (4) feet
high and eight (8) feet square, or at a distance in feet from the
tree trunk equal to the diameter of the trunk at breast height (DBH)
in inches, whichever being the greater. All building materials, dirt
or other debris shall be kept outside the tree protection zone.
2.
No person shall change natural drainage or attempt to excavate
any ditches, tunnels, trenches or lay any drive within a radius of
ten (10) feet from any public tree without first obtaining a written
permit from the City Forester or his designee.
3.
No public utility company using any public street, alley or
other public property shall cut, remove, trim or burn or in any way
interfere with any trees or shrubs on any public highway without first
obtaining a permit from the City Forester or his designee for such
work.
[Ord. No. B06-13 §1, 8-19-2013]
No person or persons shall place, deposit, store or maintain
upon any public place, any stone, sand, concrete, brick or other material
which may impede the passage of water, air or fertilizer to the roots
of any tree growing therein. Sunlight to any public tree shall not
be permanently blocked by placement of materials without written authorization
of the City Forester or his designee.
[Ord. No. B06-13 §1, 8-19-2013]
Any person, firm or entity in violation of compliance with any
of the provisions of this Chapter shall be guilty of a misdemeanor,
and upon conviction thereof, shall be fined a sum not to exceed one
thousand dollars ($1,000.00) or may be imprisoned for a term not exceeding
sixty (60) days, or both.
[Ord. No. B06-13 §1, 8-19-2013]
A.
Permits shall be applied for as set forth below.
1.
Applications for permits must be made to the City Forester or
his designee no less than seventy-two (72) hours in advance of the
time the work is scheduled to be done.
2.
Standards of issuance. The City Forester or
his designee shall issue the permit provided for herein if, in fair
judgment, the proposed work is desirable and the proposed method and
workmanship thereof are of a satisfactory nature. Any permit shall
be rendered null and void if its terms are violated.
3.
Notice of completion shall be given within seven (7) days to
the City Forester or his designee for inspection.
B.
Approved Tree List. The Tree Board is hereby charged
with the compilation of an approved tree list. This list is to be
part of the official Tree Plan. No other species outside those included
in said list may be planted as street or ornamental trees on public
property without the written consent of the Tree Board.
[Ord. No. B06-13 §1, 8-19-2013]
In the event any section, clause or provisions of this Chapter
is declared by the courts to be invalid, the same shall not affect
the validity of the Chapter as a whole, or parts thereof, other than
the part so declared to be invalid.
[Ord. No. B06-13 §1, 8-19-2013]
Should any section, subsection, sentence, clause, provision
or part of this Chapter be held invalid for any reason, the remainder
of this Chapter shall not be affected thereby, but shall remain in
force and effect.
