City of Manchester, MO Tree Regulations

The City Administrator, or his/her designee, shall have the exclusive authority to enforce this Chapter. No person shall unreasonably interfere with any City official, officer or designee engaged in the execution or enforcement of this Chapter.

Section 250.020 Definitions.

[Ord. No. 17-2194 § 1, 9-18-2017; Ord. No. 21-2309, 2-16-2021]

The following terms shall have the following meanings for purposes of this Chapter:

ADJOINING PROPERTY OWNER

A person who has legal possession of a property that connects to City right-of-way.

AMERICAN NATIONAL STANDARDS INSTITUTE (ANSI)

A private non-profit organization with authority to approve industry standards, including the industry standards for tree care practices and safety (ANSI A300 Standards for Tree Care Operations and ANSI Z133.1 for Tree Care Safety Standards).

APPRAISED LANDSCAPE VALUE

The dollar value assigned to trees as calculated by using direction from the most current version of the Guide for Plant Appraisal authored by the Council of Tree and Landscape Appraisers.

CALIPER

The trunk diameter of hardwood nursery stock trees measured six (6) inches above ground. This measurement is not typically used for trees established in a landscape; for measuring landscape trees see definition for DBH.

CERTIFIED ARBORIST

A tree care professional who has achieved the Certified Arborist credential through the International Society of Arboriculture (ISA) and is in good standing with said organization.

DBH (DIAMETER AT BREAST HEIGHT)

The trunk diameter of a tree measured at four and five-tenths (4.5) feet above the ground. This is typically used as a measurement for tree size of established landscape trees.

DEVELOPMENT

The performance of any building activity; or the making of any material change to any structure or to the natural surface of land, including activities that disturb the natural surface of the land such as clearing, excavating and filling; or any change in the use or appearance of any structure or land; or the division of land into two (2) or more parcels. For the purposes of this Chapter, in reference to the need for a Tree Survey and Preservation Plan, the terms "development" or "development projects," shall include, but not be limited to, the construction of new single-family dwellings or new multi-family dwellings and any other new construction that requires a Special Use Permit, Site Plan Review or Planned Development. The applicant is expected to preserve trees during development or apply for a Tree Removal Permit. This definition excludes additions to single-family or multi-family dwellings and the addition of structures such as decks, porches, sheds, garages, fences, and pools.

MAINTAIN

To plant, mulch, water, prune as necessary, remove if dead or diseased, and perform any other reasonable arboricultural practice or treatment.

NUISANCE TREE

Any tree determined by the City to be dead, diseased, noxious, hazardous, or otherwise unsuitable to people and/or property on the public right-of-way. Trees that drop leaves, fruit, seeds, or branches as part of their natural lifecycle are not considered a nuisance.

PARK TREE

Any public trees within parks, green spaces and open space accessible to the public.

PRIVATE TREE

Any tree located on private property.

PUBLIC RIGHT-OF-WAY

See definition of Right-of-Way, Section 215.020.

RESPONSIBLE PARTY

A responsible person includes: (1) the owner, owners, and/or other persons who maintain the building, premises, or property; (2) the owner's agent or person in charge of the building, premises, or property; or (3) the lessee or tenant of all or part of the building, premises, or property. All people or entities who are identified as a responsible person shall be jointly and severally responsible hereunder.

STREET TREE

Any tree within the public right-of-way along all streets, avenues or ways within the City.

TOPPING

The drastic removal of large tree branches, leaving stubs. This practice causes immediate injury, promotes further decay and creates possible hazards. Topping is synonymous with hat-racking, tipping, rounding over, and heading.

TREE FUND

An account in the City where payments from tree removal permits, donations, compensatory payments, or other tree-related proceeds are deposited. Tree Fund money may be used to plant and maintain trees in the City.

TREE PACKET

A guide that provides technical information necessary to perform the work outlined in this Chapter and offers residents direction on proper tree care.

TREE PROTECTION PLAN

A map-based plan that delineates the location of trees from the Tree Survey that will be preserved and defines the appropriate preservation techniques that will be implemented. This plan also shows the adjusted DBH for trees planned for removal and the proposed mitigation (e.g. new tree planting or payment to Tree Fund).

TREE REMOVAL PERMIT

A permit is required if any tree eight (8) inches DBH or greater will be removed during a development project. The Tree Removal Permit application process requires the developer to submit a Tree Survey and Tree Protection Plan to the City.

TREE SURVEY

A Tree Survey is a map and list of details showing the existing trees and woodland on a future development site.

WOODLAND

A tract of land with greater than ten thousand (10,000) square feet of contiguous tree canopy.

Section 250.030 Urban Forestry Administration.

[Ord. No. 17-2194 § 1, 9-18-2017; Ord. No. 21-2309, 2-16-2021]

The City Administrator, or his/her designee, will delegate or contract responsibility for care and oversight of public trees to a professional forester or arborist.

Section 250.040 Tree Advisory Board.

[Ord. No. 17-2194 § 1, 9-18-2017; Ord. No. 21-2309, 2-16-2021]

Creation And Establishment:

A Tree Advisory Board (hereafter "Board") is hereby created consisting of:

Five (5) citizen members who shall be appointed or removed by the Mayor with the approval of a majority of the Board of Aldermen. At least four (4) of the citizen members shall be residents of the City; and

The Director of Public Works or his/her designee shall serve as staff liaison to the Board and will serve in an ex-officio capacity, except in the case of appeals as set forth in Subsection (A)(6).

Furthermore, the Mayor may appoint a member of the Board of Aldermen to serve as liaison to the Board of Aldermen in an ex-officio capacity, except in the case of appeals as set forth in Subsection (A)(6).

In addition, the City's arborist, when possible, should be present at Board meetings to offer guidance. The arborist will assist the Board as advisor without a vote. To the extent possible, there shall be one (1) member from each ward of the City.

The citizen members shall elect a Chairman, a Vice-Chairman, and a secretary from among the citizen members to serve in those positions for twelve (12) months at which time a new election is to be held to determine those position holders.

Members shall serve a term of three (3) years each except the terms of the initial members shall be appointed as: 1) one (1) member for a one-year term, 2) one (1) member for a two-year term, and, 3) one (1) member for a three-year term. The Mayor may reappoint members to a regular three-year term after their initial term expires subject to Board of Aldermen approval. Vacancies shall be filled for an unexpired term in the same manner as original appointments.

The Board shall meet quarterly or as needed. Meetings will be open to the public and are to be publicly advertised at least seventy-two (72) hours in advance of a meeting date and time. Meeting minutes shall be recorded by the secretary and are to be provided to the City Clerk. A majority of the voting members present (three (3) members) shall constitute a quorum for the transaction of business.

All members of the Board shall serve without compensation.

For purposes of appeals pursuant to Section 250.110, the citizen members of the Board shall hear the appeals. The Director of Public Works and the Alderman, although serving as liaison and an ex-officio members, shall not be part of the Board for purposes of appeals.

Duties And Responsibilities Of The Board:

Advise and assist the Mayor, Board of Aldermen and City staff in the development and dissemination of information for the management, selection, planting, care, cultivation, pruning, and removal of trees and shrubs on both public and private property.

When requested, and in coordination with City staff, conduct seminars and public education programs and meet with homeowner associations or resident groups to promote the benefit and management of the urban forestry.

Assist with planning and coordinating an annual City Arbor Day observance event.

Assist the City in maintaining Tree City USA, or higher status, with the National Arbor Day Foundation.

Hear and decide appeals as provided for in Section 250.110 or elsewhere in this Chapter.

Section 250.050 Tree Care And Maintenance On Public Rights-Of-Way.

[Ord. No. 17-2194 § 1, 9-18-2017; Ord. No. 21-2309, 2-16-2021]

Street trees shall be maintained by the adjoining property owner at his/her sole and exclusive cost and expense subject to the following:

All contractors hired to provide tree work along the public right-of-way shall be appropriately insured. All tree work in the public right-of-way must comply with the American National Standard Institute (ANSI) A300 (Standard Practices for Woody Plant Maintenance) and the Z133 Safety Standards.

The Public Works Department or a professional employed by it, is authorized to inspect street trees for public safety concerns and, if public safety concerns are found, give written notice to the adjoining property owner with specific direction of the action required, specifically tree pruning or removal, and a timeframe in which the action is to be completed.

Once notified, if the adjoining property owner does not comply with notice for tree maintenance within the designated timeframe, the City's Code Enforcement Officer shall deem the offending limbs or trees a nuisance and to be subject to the nuisance abatement process set forth in Section 215.010 of this Code except that any held hearing under that process shall be before the Board.

The Director of Public Works or his/her designee shall prepare and keep current a City Tree Packet suggesting appropriate tree species to plant for specific site requirements. The Tree Packet will also include a "Do Not Plant" tree list. Trees on the "Do Not Plant" list shall not be planted in the public right-of-way. The Tree Packet will also contain clear expectations for tree management standards, specifications and recommendations.

Stumps of trees removed on the public right-of-way shall be cut below grade or mechanically ground out and soil shall be backfilled to existing grade to eliminate a possible trip hazard.

Any street tree identified as a nuisance tree may be designated by the City for removal at the adjoining property owner's expense. The City's nuisance abatement process may apply (Reference Section 215.010 of this Code).

All tree limbs shall be pruned to allow appropriate clearance for vehicles and pedestrians within the public right-of-way.

Pruning must follow ANSI A300 standards and consider both tree health and aesthetics;

Minimum clearance requirements shall be as provided in the Tree Packet.

No trees, branches, or foliage shall obstruct sight distance triangle, as such is defined in Section 405.166 of this Code.

The responsible person for real property abutting the public right-of-way shall have the duty to maintain street trees on the abutting portion of the public right-of-way. If there is not an adjoining private property, then the street trees shall be managed by the City's Public Works Department.

Section 250.055 City's Right to Maintain Public Rights-of-Way.

[Ord. No. 21-2309, 2-16-2021]

Nothing in Section 250.050 shall prohibit the City, at its own expense, from planting, maintaining, pruning, or removing any street tree within the public right-of-way as deemed appropriate by the City to improve public infrastructure, for public safety or for other public purposes. The City's decisions as to planting, maintaining, pruning, or removing any street tree within the public right-of-way hereunder are not appealable.

Section 250.060 Private Property Trees Impacting The Public Rights-Of-Way.

[Ord. No. 17-2194 § 1, 9-18-2017; Ord. No. 21-2309, 2-16-2021]

Adjoining property owners adjacent to the public rights-of-way shall be responsible for pruning trees located on their property in such a manner that they will not obstruct the passage of pedestrians on the sidewalk, obstruct vision of traffic signs, block street lights, or obstruct the view of any street or alley intersection.

Any and all trees and/or tree limbs on private property that are identified as having a high risk of failure and could potentially harm people or property on the public rights-of-way must be removed by the responsible person for the real property on which the tree is located.

Should any responsible person for property adjacent to any public right-of-way fail to prune or remove trees as herein stated, the Code Enforcement Officer shall deem the offending limbs or trees a nuisance and subject to the City's nuisance abatement process set forth in Section 215.010 of this Code except that any hearing held under that process shall be before the Board pursuant to Section 250.110.

Section 250.070 Tree Care And Maintenance In Parks.

[Ord. No. 17-2194 § 1, 9-18-2017; Ord. No. 21-2309, 2-16-2021]

Park trees shall be planted and maintained by the Parks, Recreation and Arts Department.

All tree planting and maintenance will follow applicable ANSI standards of care and ANSI safety standards.

The City shall be responsible for maintaining park trees to maximize the benefit to people and the environment.

The Parks, Recreation and Arts Department shall use its best efforts to make every effort to protect park trees from harm, including, but not limited to, damage by deer and construction activity.

Section 250.080 Prohibited Acts For Trees In The Public Rights-Of-Way And Parks.

[Ord. No. 17-2194 § 1, 9-18-2017; Ord. No. 21-2309, 2-16-2021]

Because of the community benefits trees provide, and because damage to trees can cause public safety concerns, it shall be unlawful for any person to negatively impact the trees growing in the public parks, open space or public rights-of-way. Negatively impacting trees, includes, but is not limited to, the following:

Break, injure, mutilate, poison, destroy, or otherwise vandalize trees;

Prune trees by topping;

Attach rope, wire or nails to any tree trunk;

Use spurs or climbing spikes to prune a tree, except for complete removal.

Section 250.090 Tree Preservation During Development.

[Ord. No. 17-2194 § 1, 9-18-2017; Ord. No. 21-2309, 2-16-2021]

All development projects, as defined in this Chapter, require tree preservation which shall include the procedures set forth in Subsections (B — E) below.

A Tree Survey and a Tree Preservation Plan, both prepared by a Certified Arborist, shall be submitted as part of the City's plan review process.

A Tree Survey shall be in map form and identify the location of existing individual trees greater than eight (8) inches in DBH, as well as each tree species, DBH and condition. Woodlands may be delineated as a group and described by forest type and total canopy area;

A Tree Preservation Plan shall be in map form and identify proposed actions to protect existing trees (public and private) and woodlands on site. Tree Preservation Plans shall show the proposed development and the location of all trees to be protected, as well as preservation efforts (protection fencing, signage, root pruning, retaining walls, etc.) to be installed to protect the critical root zone of existing trees. A limit of disturbance line shall demonstrate the extent of construction activities from protected woodland;

A Tree Survey and Tree Preservation Plan may be combined, provided such is first approved by the City Administrator or his/her designee.

Tree Removal.

A Tree Removal Permit is required if any tree eight (8) inches DBH or greater will be removed. A Tree Removal Permit is not required to remove trees that are dead, considered to be a nuisance tree as defined by this Chapter or considered to pose significant risk to public safety (as defined by the City). A Tree Removal Permit Application must be made prior to tree removal and must include:

A Tree Survey;

A Tree Preservation Plan;

The location, species, DBH, and condition of each individual tree eight (8) inches in DBH or greater to be removed;

Percent woodland to be removed;

A clear demonstration of how the proposed project will accommodate the loss of trees on site based on mitigation options defined in this Chapter.

Tree removal is discouraged but may be approved to allow for maximum use of a site. In these cases, required minimum woodland preservation, canopy replacement and approval by the City's Planning and Zoning Commission shall apply.

Where contiguous woodland is to be removed, the developer must retain a minimum thirty percent (30%) of existing woodland. Woodland preservation should prioritize riparian corridors, quality species composition and buffer zones.

(1)

Any woodlands kept beyond the required thirty percent (30%) may be counted toward the total caliper of individual trees to be replaced when individual trees are removed.

Where individual trees eight (8) inches in DBH or greater not located in a woodland are to be removed, trees must be replaced with new trees totaling one-third (1/3) of the number of caliper inches (i.e., 3:1 ratio of DBH removed and caliper inches replaced).

When possible, replacement trees shall be replanted on site in addition to the required landscaping. If the site cannot accommodate all required replacement trees, trees may be planted in public parks or public open space, as directed and approved by the City.

When no appropriate tree locations are available, a payment of one hundred twenty dollars ($120.00) per replacement caliper inch may be paid to the City's Tree Fund; the amount payable hereunder shall not exceed ten thousand dollars ($10,000.00) per acre.

If thirty percent (30%) woodland preservation, or a 3:1 individual tree replacement, is impossible, based on unique conditions or circumstances, a developer may request a variance from the City's Board of Adjustment. No variance will be granted that goes against the spirit and intent of this Chapter. Additional mitigation fees and accommodations may be applied.

Removal of trees on a development project prior to receiving a Tree Removal Permit will be in violation of this Chapter and subject to penalties stated in this Code.

A Tree Removal Permit is not required to remove trees that are dead, considered a nuisance as defined by this Chapter or posing significant risk to public safety.

One-Year Guaranty. All Tree Preservation Plans shall include a bond in sufficient amount to guaranty survival and maintenance of trees for a period of one (1) year from the date of completion of a development project. Where trees preserved in a development die or are dying within one (1) year of project completion, the developer shall pay an assessment equal to the appraised landscape value of the tree that died.

Zoning And Subdivision Regulations Also Applicable. The provisions of Chapters 405 and 415 of this Code, as applicable, must also be followed during the course of development.

Section 250.100 Violation And Penalty.

[Ord. No. 17-2194 § 1, 9-18-2017]

Violation of this Chapter, excluding violations to tree preservation, shall be subject to the penalty provisions of Section 100.100 of this Code.

If a person removes, damages or performs any prohibited act to any public tree without the authority provided by this Chapter or City approval, the City Administrator may require compensatory payments based on the appraised landscape value of the tree(s) removed.

Violation of Tree Preservation during development shall be fined as specified.

Payments shall be made into the City Tree Fund for future forestry efforts in the City. Compensatory payments may be in addition to other penalties.

Section 250.110 Appeals.

[Ord. No. 21-2309, 2-16-2021]

Who May Appeal. Any person directly impacted by a notice for tree maintenance made pursuant to either Section 250.050 (street trees on public rights-of-way) or Section 250.060 (private property trees) such that the person would have standing in a court of law to challenge the notice for tree maintenance, may petition to the Board for a review of the decision to issue the notice for tree maintenance. To the fullest extent permitted by law, the review procedures herein shall be exhausted before any action may be filed in any court against the City or its officers, employees, boards, officials or commissions.

How To Appeal And By When. A written notice of appeal must be filed with the City Clerk within ten (10) days of receipt of the notice for tree maintenance of the City Official claimed to be in error. Notice of appeal will be considered filed on the date that it is placed in the United States Mail with proper postage thereon, provided the correct address is on the envelope containing the notice of appeal.

Setting The Hearing Date. Upon receipt of the notice of appeal, after conferring with the City Attorney, the City Clerk shall consult with Board members and the set a date for the Board to convene to hear the appeal. Notice of the date for the hearing will be mailed or hand-delivered to the applicant at least ten (10) days prior to the date thereof and shall be sent to the applicant for appeal at the address indicated on the applicant's notice of appeal.

The Appeal Hearing; Procedures. At the hearing, the applicant shall have the burden of proof to show that the City official's decision misapplied the facts, misapplied the Tree Regulations or was otherwise in error. At the hearing the applicant shall have the right to counsel. The Board chair shall convene the hearing, determine the order of the hearing, determine what evidence is admissible at the hearing and conclude the hearing. To conduct the hearing, all three (3) resident members shall be in attendance. Upon the conclusion of the presentation of evidence at the hearing, both the applicant and the City have the right to make closing statements. After the evidence has been presented but before adjourning the hearing, the Board shall discuss the matter among themselves and decide the case. A majority of the members in attendance must agree on the final decision. The final decision shall be in writing and signed by the Chair. If the applicant for the appeal is not at the hearing, the City Clerk will send a copy of its decision to the applicant at the address of the applicant as indicated on the notice of appeal.

Appeal To Circuit Court. Any party aggrieved by the decision of the Tree Advisory Board may file an appeal with the Circuit Court of St. Louis County pursuant to Chapter 536, RSMo., within twenty (20) business days from the date of the Board's decision. This appeal period is jurisdictional.