[Ord. No. 13-2019, 8-26-2019]
For the purpose of this Article the following terms, phrases,
words, and their derivations shall have the meaning given herein.
The City of Louisiana, Missouri.
A written document that guides the work of the Tree Commission.
Any person, firm, partnership, association, corporation,
company, or organization of any kind.
Shall include all public parks having individual names.
Shall include all grounds owned by the City.
The outer edge of a street or highway right-of-way (ROW).
The person owning such property as shown town/parish Plat
Maps.
Shall include all shade and ornamental trees now or hereafter
growing on any street or on any public land where otherwise indicated.
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.
A citizen of the City and member of the Tree Commission who
volunteers to serve on the Tree Commission in furtherance of the stated
purpose and goals and of the same.
That part of a street or highway, not covered by sidewalk
or other paving, lying between the property line and the edge of the
street.
Large, Medium and Small trees as defined herein:
LARGE TREESDesignated as those attaining a height of forty-five (45) feet or more with a mature spread of forty (40) feet or more.
MEDIUM TREESDesignated as those attaining a height of thirty (30) to forty-five (45) feet with a mature spread of thirty (30) feet or more.
SMALL TREESDesignated as those attaining a height of twenty (20) to thirty (30) feet with a mature spread of twenty (20) feet or more.
The collection of trees, shrubs, other vegetation and associated
natural features that make up the City tree canopy and its growing
zone.
[Ord. No. 13-2019, 8-26-2019]
A.
There
shall be created a commission to be known and designated as the Tree
Commission.
B.
The
Tree Commission shall be composed of five (5) citizens, with experience,
knowledge or continuing interest in trees or gardening.
1.
Members shall be appointed by the Mayor with approval of the City
Council. At least one (1) member shall be a member of the City Council.
2.
Members will serve for a period of four (4) years, except that:
a.
City Council members shall serve one (1) year; and
b.
Among the first non-Council members to be appointed one (1) will
be appointed to a one (1) year term, one (1) will be appointed to
a two (2) year term, one (1) will be appointed to a three (3) year
term and one (1) will be appointed to a four (4) year term.
3.
Successors to those members appointed by the Mayor shall, thereafter,
be appointed for terms of four (4) years. Vacancies caused by death,
resignation, or otherwise, shall be filled for the unexpired term
in the same manner as original appointments are made.
4.
All members of the Commission shall serve without pay.
[Ord. No. 13-2019, 8-26-2019]
A.
The
duties of the Tree Commission shall be as follows:
1.
To study the urban forest including problems involving the City tree
population, determine needs, compose and annually review a Community
Tree Plan and seek ways to implement needed work.
2.
To assist the properly constituted officials of the town, as well
as citizens and community groups, in the dissemination of news and
information regarding the selection, planting, and maintenance of
trees within the corporate limits, whether they be on private or public
property.
3.
To provide regular and special meetings at which the subject of the
urban forest may be discussed by the citizens of the town.
a.
Within a reasonable time after the appointment of the Tree Commission,
the Commission shall meet and organize by the election of a chairman,
vice-chairman, and standing committee chairs as needed.
(1)
The City Administrator shall designate a current City employee,
or where there is an interest a citizen-at-large, to serve as Tree
Commission Staff Support who will act as secretary to the Tree Commission
and assist with the normal affairs of the Tree Commission as described
below.
(a)
Any citizen-at-large serving as Tree Commission Staff Support
may be provided a reasonable stipend only when approved in the City's
Annual Budget.
(b)
A majority of voting members shall constitute a quorum for the
transaction of business.
(c)
The Tree Commission shall provide for the adoption of rules
and procedures and for the holding of regular and special meetings
as said Commission shall deem advisable and necessary in order to
perform the duties set forth.
4.
The Tree Commission may engage in any other lawful activity in pursuit
of the mission of this commission which may benefit the urban forest
including such activities as:
5.
The Tree Commission shall develop, in the form of changes to City
Ordinance, and propose to City Council, such additional rules and
requirements deemed necessary for the successful execution of their
duties.
[Ord. No. 13-2019, 8-26-2019]
The Tree Commission Support Staff shall, where possible, be
a person skilled or trained in forestry, horticulture or other closely
related field.
[Ord. No. 13-2019, 8-26-2019]
A.
To
the extent practicable, the Tree Commission Support Staff shall be
in attendance at all regular and special meetings of the Tree Commission,
Tree Commission Subcommittees or other community meetings as designated
by the Chairman.
1.
The Tree Commission Support Staff shall record all activities of
the Commission or subcommittees of the Commission.
B.
The
Tree Commission Support Staff shall have the authority and jurisdiction
of regulating the planting, maintenance, and removal of trees on streets
and other publicly owned property to ensure safety or preserve the
aesthetics of such public sites by granting permits.
1.
The Tree Commission Support Staff shall have the authority to affix
reasonable conditions to the granting of permits in accordance with
the terms of this Article.
2.
The Tree Commission Staff Support shall report all permitting activities
to the Tree Commission to have occurred between Tree Commission meetings.
[Ord. No. 13-2019, 8-26-2019]
A.
The
Tree Commission shall have the authority to formulate a Community
Tree Plan with the advice of consultants, City agencies, public hearings,
and approval of the Mayor.
1.
The Community Tree Plan shall include but not be limited to the goals
and mission of the Tree Commission, an inventory of resources, needed
work, associated cost and time schedules for such work and relevant
information such as activities of the Tree Commission, standard tree
maintenance and planting specifications and permit application procedures.
[Ord. No. 13-2019, 8-26-2019]
A.
Permit
applications and fees shall be collected at City Hall. The following
tree permits are required:
1.
Planting, Maintenance And Removal.
a.
No person shall plant, spray, fertilize, prune, or remove, or otherwise
disturb any tree on any street or municipally-owned property without
first procuring a permit from the Tree Commission Support Staff.
(1)
The Tree Commission shall propose for City Council approval,
a fee amount to be charged for tree permits.
2.
Planting Permit.
a.
When making application for a planting permit on public property
the applicant shall illustrate the number and types of trees or other
plants to be planted.
b.
Whenever any tree shall be planted on public land it shall be planted,
fertilized, staked, watered and mulched in accordance with proper
planting specifications issued by the Tree Commission Staff Support.
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 material to be applied;
and such other information as the Tree Commission shall find reasonably
necessary to a fair determination of whether a permit should be issued.
4.
Removal And Replacement Permit.
a.
When making application for a tree removal permit the applicant shall
describe the number and kinds of trees to be removed, their size,
locations, health/age condition and their method of removal and such
other information as the Tree Commission shall find reasonably necessary
to a fair determination of whether a permit should be issued.
5.
Appeals To The Permitting Process Or Application.
a.
Where an application for a tree permit or request for a variance
from the tree management regulations is denied by the Tree Commission
Support Staff, the applicant may file an appeal to the City Council.
b.
Further Appeals. Any person aggrieved by the decision of the City
Council, any taxpayer, may appeal such decision to the Circuit Court
as provided in Section 89.110, RSMo.
[Ord. No. 13-2019, 8-26-2019]
A.
It
shall be the duty of any person or persons owning or occupying real
property bordering on any street upon which property there may be
trees, to prune such trees in such manner that they will not obstruct
or shade the street lights, obstruct the passage of pedestrians on
sidewalks, obstruct vision of traffic signs, or obstruct views of
any street or alley intersection.
B.
It
shall be the duty of any person owning or occupying real property,
bordering on any street, park or other public land, on which there
may be trees that are diseased or insect infested, to remove, spray
or treat such trees in such manner that they will not infect or damage
nearby public vegetation or cause harm to the community or citizens
therein.
C.
The
Tree Commission may order trees on private land that cause obstructions,
present insect or disease problem or otherwise present a danger to
public health or safety be pruned, removed or treated. Work originated
from or requested by the Tree Commission must be in writing, with
a copy placed on file with the City Clerk. Permit applications and
fees shall be waived in such cases.
[Ord. No. 13-2019, 8-26-2019]
No person shall intentionally damage, cut, carve, transplant,
or remove any tree; attach any rope, wire, nails, advertisements,
posters, or other contrivance to any tree, allow any gaseous liquid,
or solid substance which is harmful to such trees to come in contact
with them; or set fire or permit any fire to burn when such fire or
the heat thereof will injure any portion of any tree.
[Ord. No. 13-2019, 8-26-2019]
No person shall hinder, prevent, delay, or interfere with activities
authorized by the Tree Commission or Tree Commission Support Staff
under the authorities granted by this Article.
[Ord. No. 13-2019, 8-26-2019]
A.
Unless
otherwise approved by the Tree Commission 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 a good substantial fence, frame, or box. The
"Construction Tree Guard" shall be not 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 (D.B.H.)
in inches, whichever is greater. All building material, dirt, or other
debris shall be kept outside the Construction Tree Guard.
2.
The following actions shall require a written permit from the Tree
Commission if action being performed is within a radius of ten (10)
feet from any public tree:
[Ord. No. 13-2019, 8-26-2019]
No person shall deposit, place, store, or maintain upon any
public place of the municipality, any stone, brick, sand, concrete,
or other materials which may impede the free passage of water, air,
and fertilizer to the roots of any tree growing therein. Sunlight
to any public tree cannot be permanently blocked by placement of materials
without written authorization of the Tree Commission.
[Ord. No. 13-2019, 8-26-2019]
A.
Any
person, firm, or corporation violating or failing to comply with any
of the provisions of this Article shall be guilty of a misdemeanor,
and upon conviction thereof shall be subject to a fines as follows:
for municipal ordinance violations proscribed herein and committed
within a twelve-month period beginning with the first violation: two
hundred dollars ($200.00) for the first municipal ordinance violation,
two hundred seventy-five dollars ($275.00) for the second municipal
ordinance violation, three hundred fifty dollars ($350.00) for the
third municipal ordinance violation, and four hundred fifty dollars
($450.00) for the fourth and any subsequent municipal ordinance violations.
B.
Any
person or persons, jointly or severally aggrieved by any decision
of the Tree Commission or the Tree Commission Support Staff, may appeal
a decision of the Commission to the Circuit Court of Pike County,
Missouri, or otherwise as provided by the laws of the State of Missouri.
[Ord. No. 13-2019, 8-26-2019]
A.
Permits
may be applied for as set forth below:
1.
Application for permits must be made to the Tree Commission Support
Staff not less than forty-eight (48) hours in advance of the time
the work is to be done.
2.
Standards Of Issuance. The Tree Commission Support Staff shall issue
the permit provided for herein if, in his/her judgement, the proposed
work is desirable and the proposed method and workmanship thereof
are of a satisfactory nature. Any permit shall be void if its terms
are violated.
3.
Notice of completion shall be given within five (5) days to the Tree
Commission Support Staff for his/her inspection.
4.
Activities requiring the approval of an exception to Aricle by the
Tree Commission must be submitted at least forty-eight (48) hours
prior to the next Tree Commission meeting.
B.
An
approved tree list will be developed within the official Community
Tree Plan and submitted to City Council as a proposed change to City
Ordinance once the Community Tree Plan has been adopted.
1.
No other species other than those included in this list may be planted
as street trees, park trees or ornamental trees on public property
without the written consent of the Tree Commission.
2.
Approved trees will include definitions for small trees, medium trees
or large trees in order to tailor species to specific planting or
landscaping conditions.
[Ord. No. 13-2019, 8-26-2019]
Should any Section, clause, or provisions of this Article be
declared by the Courts to be invalid, the same shall not affect the
validity of the Article as a whole, or parts thereof, other than the
part so declared to be invalid.
[Ord. No. 13-2019, 8-26-2019]
If any Subsection, sentence, clause, provision or part of this
Article shall be held invalid for any reason, the remainder of this
Article shall not be affected thereby but shall remain in force and
effect.
