[R.O. 2008 §120.010; Ord. No. 6020 §1, 1-12-1998]
It is the purpose and intent of this Chapter to promote good forestry practices through the City and to 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 on City property and municipally owned rights-of-way within the City of Maryville, Missouri. This Chapter shall only be applicable to plantings on City property and on municipally owned rights-of-way within the City of Maryville.
It is the intent of the Council of the City of Maryville, Missouri, that the terms of this Chapter shall be construed so as to promote:
[R.O. 2008 §120.020; Ord. No. 6020 §1, 1-12-1998]
As used in this Chapter, the following terms shall have these prescribed meanings:
- The City of Maryville, Missouri.
- CITY-OWNED PROPERTY
- Property within the City limits of Maryville, Missouri, and owned by the City or implied or expressly dedicated to the City for present or future use for purposes of vehicular or pedestrian traffic, rights-of-way, public easements or other public purposes.
- PARK TREES
- Trees, shrubs, bushes and all other woody vegetation in City public parks having individual names.
- STREET TREES
- 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. 2008 §120.030; Ord. No. 6020 §1, 1-12-1998; Ord. No. 7206 §1, 4-26-2010]
There is hereby created and established a City Tree Board for the City of Maryville, Missouri, which shall consist of five (5) members and two (2) alternates, citizens and residents for no less than one (1) year, of Maryville, Missouri, who shall be appointed by the Mayor with the consent of the City Council.
Appointment — term of office. The members of such Tree Board shall be appointed by the Mayor subject to confirmation of the City Council. Initially one (1) member shall be appointed to serve a one-year term; two (2) members shall be appointed to serve two-year terms; and two (2) members shall be appointed to serve three-year terms. Each of the two (2) alternate members shall be initially appointed to a one-year term and shall be designated as "first alternate" or "second alternate." All appointments shall be made effective from the same date and annually thereafter, the Mayor shall appoint as before, or reappoint, members whose terms have expired to three-year terms of office, including alternate members. Appointments to fill unexpired terms of members or alternates shall be for the remainder of the term. Members and alternates shall serve until their successors are appointed, confirmed and qualified. The members of the City Tree Board shall serve without compensation.
Election of officers. The Board shall elect one (1) of its members as President and another as Vice President at the first regular meeting of the Board. The Board shall elect one (1) of its members as Secretary to the Board, and this person shall keep the minutes of all proceedings of the Board which shall show the vote of each member upon each question. The Secretary shall keep records of all official actions of the Board, and all minutes and records shall be kept and filed in the office of the City Clerk and shall be open to the public.
Rules, bylaws, meeting a quorum.
The Board shall have the power to adopt such rules of procedure and bylaws, subject to City Council approval, as it shall deem proper and necessary to carry out the provisions of this Chapter.
The rules shall fix the time and place for regular meetings of the Board. All meetings of the Board shall be held in compliance with the Missouri Open Meetings, Open Record law.
Three (3) members shall constitute a quorum of the Board. Every determination by the Board, in any matter pending before it, must be decided by a quorum of the Board and must receive the vote of at least three (3) voting members, voting in the affirmative, in order to carry.
Duties and responsibilities. The Maryville Tree Board shall have the following powers and duties:
To act in an advisory capacity to the Council and staff of the City of Maryville with regard to forestry matters.
To recommend to the City Council for its approval a five (5) year urban forestry plan and update plans on an as-needed basis for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets and in other public areas.
To be authorized to purchase and pay for expenditures of the Board, and shall comply with all City rules and regulations pertaining to purchasing, bids, grants, etc. The Tree Board will have its own fund, through donations from individuals, businesses, grants, to operate from which will be managed through the Finance Department of the City.
To recommend to the City Council, for its approval, such documents as are necessary to develop, maintain, publicize and amended as necessary a list of trees and shrubs which may be planted in or on City-owned property including parks, streets and right-of-way. Said list shall be public record that can be reviewed in the Department of Public Works.
[R.O. 2008 §120.040; Ord. No. 6020 §1, 1-12-1998]
Spacing. The spacing of street trees shall be in accordance with the three (3) species size classes. Except in special plantings approved by the City, no trees shall be planted closer than the following:
Distance From Curb And Sidewalk. The distance trees may be planted from curbs or curb lines and sidewalks will be in accordance with the three (3) species size classes. No trees shall be planted closer to any curb or sidewalk than the following:
Distance From Street Corners And Fireplugs. No street tree shall be planted within thirty-five (35) feet of any street corner, measured from the point of nearest intersecting curbs or curb lines. No street tree shall be planted closer than ten (10) feet from any fire hydrant.
Utilities. No street trees other than those species listed as small trees in this Chapter shall be planted under or within ten (10) feet of any overhead utility wire.
Public Tree Care.
The City shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all City streets, City alleys, avenues, lanes, rights-of-way, and grounds as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds.
The City Manager or his/her appointed designee may remove or order to be removed, any tree on City property, 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 an injurious fungus, insect or other pest.
Tree Topping. 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 unless otherwise permitted by the City Manager or his/her appointed designee in writing. "Topping" is defined as 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. This restriction shall not apply to trees severely damaged by storms or other causes, or trees under utility wires or other obstructions where other pruning practices are impractical.