[Ord. No. 938 § 1, 11-16-2016]
As used in this Chapter, the following terms shall have the meanings indicated:
- PASADENA HILLS BOARD OF TRUSTEES
- "PHBOT" is an entity responsible for overseeing, controlling, and maintaining the tree population of the City, among other things. PHBOT will become the governing body for Tree City USA while maintaining the responsibilities already entrusted with the PHBOT.
- STREET TREES
- "Street trees" are herein defined as trees, shrubs, bushes, and all other woody vegetation located in public areas of the City.
- THE STREET LAWN
- "Street lawn" is the area between curb and sidewalk.
[Ord. No. 938 § 2, 11-16-2016]
There is hereby created and established a City Tree Board for the City of Pasadena Hills, MO, which shall consist of the PHBOT (residents of the City) who shall be elected per the indentures governing said Board of Trustees.
[Ord. No. 938 § 3, 11-16-2016]
The term of each Tree Board member shall follow and expire with the term of office already associated with their office as Trustee for the City of Pasadena Hills. If a vacancy shall occur during the term of any member, his or her successor shall be appointed for the unexpired portion of the term.
[Ord. No. 938 § 4, 11-16-2016]
Members of the Tree Board shall serve without compensation.
[Ord. No. 938 § 5, 11-16-2016]
It shall be the responsibility of the Tree Board to study, investigate, counsel, 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 and upon its acceptance and approval shall constitute the official comprehensive City tree plan for the City of Pasadena Hills, MO.
The Tree Board, when requested by the City, shall consider, investigate, make findings, report and recommend actions upon any question coming within the scope of its works.
[Ord. No. 938 § 6, 11-16-2016]
The Tree Board shall choose its own officers, make its own rules and regulations regarding internal procedures, and keep a journal of its proceedings. A majority of the Tree Board members shall be a quorum for the transaction of business.
[Ord. No. 938 § 7, 11-16-2016]
The landscape is defined as the overall area of the City and its individual streets, parkways, ravines, and islands. The City's landscape is further defined and unified by curvilinear streets and parkways, which are ornamented by trees, sidewalks, ravines, islands, and cast iron light standards. A fountain is located in the center of the parkways. Moreover, a sedimentation pond with decks and an adjoining bridge is located on the east side of Roland. This is an iconic element of the City. Other historic structures and elements in the parks and ravines should be preserved and maintained. Overall, the landscape should reflect the City's natural conditions.
Lighting in the public way must be uniform. New fixtures should be compatible with the style, period, and character of the City.
Neither existing street pavement widths nor existing street right-of-way widths may be increased or decreased except by review and approval by the Pasadena Hills Preservation Commission.
House lots characterized by open front yards are an extension of the public street. Except where warranted by topography, front yards typically open onto the public street without obstructing fences, walls, or vegetation. Open front yards must be maintained to retain a well-tended appearance. This design was intended to give a spacious, naturalistic, and stylized English countryside landscape. This is in keeping with the suburban modes of urban development that gained popularity in the later 19th and early 20th centuries.
[Ord. No. 938 § 8, 11-16-2016]
Trees are a defining feature of the Pasadena Hills landscape. Of special note are the numerous pine, spruce, and oak trees found in the parkways and ravines. It is recommended that these trees be retrained with careful and consistent pruning.
Replacement of trees is an action of last resort. When indicated due to irreversible poor health, the tree should be replaced in-kind and in the same general location.
Street Tree Species.
Note that high border hedges in front yards (along property lines and sidewalks) were not originally found in the City. Introduction of border hedges is generally inappropriate as such hedges can detract from the open spatial character of the City.
Also note that vegetable gardens were not historically maintained in front yards and are inappropriate in such locations.
[Ord. No. 938 § 9, 11-16-2016]
Landscaping or hardscaping involving raised planting beds must not obstruct the view of any historic structure. The street lawn between the curb and sidewalk should be kept free from obstructing vegetation in order to preserve the open character of the street. Trees are prohibited.
[Ord. No. 938 § 10, 11-16-2016]
The spacing of street trees will be in accordance with the three (3) species size classes listed in Section 150.080 of this Chapter, 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 or approved by a landscape architect.
[Ord. No. 938 § 11, 11-16-2016]
The distance trees may be planted from curbs or curb lines and sidewalks will be in accordance with the three (3) species size classes listed in Section 150.080 of this Chapter, 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. 938 § 12, 11-16-2016]
No street trees other than those species listed as small trees in Section 150.080 of this Chapter may be planted under or within ten (10) 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.
Alterations or new construction in these areas, including installations of utility meters or switching boxes or postal mailboxes can damage the historic integrity of the streetscape or neighborhood and reduce the overall historic character of the City. Therefore, placement of new mailboxes at curbside or in locations other than the front wall or porch is not permitted in the City.
[Ord. No. 938 § 13, 11-16-2016]
The PHBOT shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines 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.
The 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 150.080 through 150.110 of this Chapter.
[Ord. No. 938 § 14, 11-16-2016]
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 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 exempt from this Section at the determination of the Tree Board.
[Ord. No. 938 § 15, 11-16-2016]
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 trees, or broken or decayed limbs, which constitute a menace to the safety of the public. The City shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a streetlight or interferes with visibility of any traffic control device or sign.
[Ord. No. 938 § 16, 11-16-2016]
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 hazard to life and property, or harbor insects or disease which constitute a potential threat to other trees within the City. The Tree Board 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 charge the cost of removal on the owner's property tax notice.
[Ord. No. 938 § 17, 11-16-2016]
[Ord. No. 938 § 18, 11-16-2016]
It shall be unlawful for any person to prevent, delay or interfere with the 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 Chapter.
[Ord. No. 938 § 19, 11-16-2016]
It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating, or removing City trees within the City without first applying for and procuring a license. The license fee shall be twenty-five dollars ($25.00) annually. 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 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.
[Ord. No. 938 § 20, 11-16-2016]
The City's Board of Alderman shall have the right to review the conduct, acts, and decisions of the Tree Board. Any person may appeal from any ruling or order of the Tree Board to the Board of Aldermen who may hear the matter and make a final decision.
[Ord. No. 938 § 21, 11-16-2016]
Any person violating any provision of this Chapter shall be, upon conviction or a plea of guilty, subject to a fine not to exceed one thousand dollars ($1,000.00).