[Ord. No. 3120, 4-18-2016; Ord. No. 3265, 12-19-2022]
There is hereby created and established a City Tree Board for
the City of Malden, Missouri, which shall consist of five (5) members,
who shall reside within twenty-five (25) miles of the City limits
of the City of Malden, and who shall be appointed by the Mayor with
the approval of the City Council. The Community Forest Manager shall
be an ex officio member of the City Tree Board.
[Ord. No. 3120, 4-18-2016]
The term of the five (5) persons to be appointed by the Mayor
shall be three (3) years, except that the term of two (2) of the members
appointed to the first board shall be for only one (1) year and the
term of two (2) members of the first board shall be for two (2) years.
In the event that a vacancy shall occur during the term of any member,
a successor shall be appointed for a new three-year term.
[Ord. No. 3120, 4-18-2016]
Members of the Tree Board shall serve without compensation.
[Ord. No. 3120, 4-18-2016]
A.
It shall be the responsibility of the Tree Board to study, investigate,
council and develop and/or update annually, and administer written
plans (annual and long-range) for the care, replacement, maintenance,
and removal or disposition of trees and shrubs in parks, along streets
and in other public areas. Such a plan will be presented annually
to the City Council and upon their acceptance and approval shall constitute
the official comprehensive City tree plan for the City of Malden,
Missouri.
B.
The Tree Board, when requested by the City Council, shall consider,
investigate, make finding, report, and recommend upon any special
matter or question relating to trees.
[Ord. No. 3120, 4-18-2016]
The Tree Board shall choose its own officers, make its own rules
and regulations and keep a journal of its proceedings. A majority
of the members shall be a quorum for the transaction of business.
[Ord. No. 3120, 4-18-2016]
As used in this Chapter, the following terms shall have the
meanings indicated:
The official (public employee) representative of the Tree
Board and as such is responsible for administration of the community
forestry program.
Trees, shrubs, bushes, and all other woody vegetation in
public parks.
All trees within municipal boundaries but not owned by the
City.
All street and park trees, and other trees owned by the City
as a total resource.
Trees, shrubs, bushes, and all other woody vegetation on
land lying between the property lines on either side of all streets
and avenues within the City/village.
[Ord. No. 3120, 4-18-2016]
It is the purpose of this Chapter is to promote and 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 within the City of Malden, Missouri. It is also to
manage Malden's community forest in a strong, healthy condition for
today and the future of Malden, Missouri.
[Ord. No. 3120, 4-18-2016]
A.
It is the intent of the City Council of the City of Malden, Missouri,
that the terms of this Chapter shall be construed so as to promote:
1.
The planting, maintenance, restoration and survival of desirable
trees, shrubs and other plants within the City. The protection of
community residents from personal injury and property damage and the
protection of the City of Malden from property damage, caused or threatened
by the improper planting, maintenance or removal of trees, shrubs
or other plants located within the community.
[Ord. No. 3120, 4-18-2016]
The City of Malden, Missouri, shall maintain an extensive list
of recommended trees for planting in public areas. The purpose of
this listing will be to maintain diversity in the total tree population.
This list shall be available to residents of the City upon request
to aid in the selection of trees for private and public properties.
The list of recommended trees shall be updated periodically by the
Community Forest Manager to reflect new developments or species that
will affect the population of the community forest.
[Ord. No. 3120, 4-18-2016]
A.
Street trees may be planted in the tree lawn where this is no less
than six (6) feet between the edge of the sidewalk and the curb of
the street. Street trees shall be planted no closer than three (3)
feet from a sidewalk, driveway, or street.
B.
No street tree shall be planted closer than ten (10) feet from any
street corner, measured from the point of the nearest intersection
of curbs or curblines.
C.
No street tree shall be planted closer than ten (10) feet from any
fire hydrant/fire plug.
D.
Special permission must be obtained from the Community Forest Manager
when planting street trees within ten (10) feet of any point on a
line on the ground immediately below any overhead utility wire.
[Ord. No. 3120, 4-18-2016]
A.
The City shall have the right to plant, prune, maintain, and remove
trees, plants and shrubs within the rights-of-way or bounds of all
streets, alleys, lances, squares, and public grounds as may be necessary
to ensure public safety. All tree pruning and removal will be done
in accordance with the most current ANSI A300 Tree Shrub and Other
Woody Plant Maintenance-Standard Practices.
B.
The City 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 electric power lines or other public improvements,
or is seriously affected with any fatal disease.
C.
The abutting property owners shall have the right to perform normal
tree care on all street trees.
[Ord. No. 3120, 4-18-2016]
No person shall remove any public tree without replacing such
tree with a tree or trees of equivalent dollar in the vicinity of
the removed tree. The value of trees shall be determined by the Community
Forest Manager in accordance with regulations considering the species,
location, size and condition of trees adopted by the Tree Board. If
no suitable location exists in the vicinity of the tree removed or
if the replacement tree is of lesser value, the person causing the
tree to be removed shall make a compensatory payment to the City equal
to the difference in value between the tree removed and any replacement
tree. Such compensatory payment shall be paid into a fund established
by the director of finance and used solely for the purpose of enhancing
the community forest.
[Ord. No. 3120, 4-18-2016]
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, rounding off or pollarding is defined
as the systematic cutting back of limbs within the tree's crown to
such a degree 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 Section at the determination
of the Community Forest Manager or Tree Board.
[Ord. No. 3120, 4-18-2016]
Clearance over streets and walkways shall be the responsibility
of the abutting property owner. A clearance of eight (8) feet must
be obtained over walkways and a clearance of twelve (12) feet must
be maintained over streets and alleys. Property owners are responsible
for trees on their own property as well as trees on public rights-of-way
that abut their property.
[Ord. No. 3120, 4-18-2016]
The City shall have the right to cause to be removed any tree
within the City that is dead or has been declared hazardous. Hazard
trees are defined as trees with severe structural defects or splits.
The City will notify, in writing, the owners of such trees. Removal
is the responsibility of the owners of such trees and shall be accomplished
within the time limits set by the Community Forest Manager.
[Ord. No. 3120, 4-18-2016]
It shall be unlawful for any person to prevent, delay, or interfere
with the Community Forest Manager, the Tree Board or any of its representatives
or agents while engaging in and about the planting, cultivating, mulching,
pruning, spraying, or removal of any trees within the public community
forest.
[Ord. No. 3120, 4-18-2016]
The Community Forest Manager is hereby charged with the responsibility
for the enforcement of this Chapter and may serve public notice to
any person, firm, or corporation in violation thereof or institute
legal proceedings as may be required and the City Attorney is hereby
authorized to institute appropriate proceedings to that end.
[Ord. No. 3120, 4-18-2016]
It shall be unlawful for any person to prevent, delay, or interfere
with access to private property by the City or its representative
in the legal performance of any Section of this Chapter.
[Ord. No. 3120, 4-18-2016]
Any person, firm, or corporation violating any provision or who fails to comply with any notice issued pursuant to the provisions of this Chapter, shall, upon conviction, be punished as set forth in Section 100.220 of this Code.
[Ord. No. 3120, 4-18-2016]
Persons or firms engaged in the business or occupation of pruning,
treating, or removing any street tree, park tree or other privately
owned tree should be recognized by the International Society of Arboriculture
as a Certified Arborist or Certified Tree Worker. All persons or firms
must carry evidence of liability insurance and workers' compensation.
No certification shall be required by any public employee doing such
work in the pursuit of their public service endeavors.
