CITY OF RICH HILL, MISSOURI
AN ORDINANCE REGULATING THE PLANTING, MAINTENANCE AND REMOVAL OF TREES, SHRUBS AND OTHER PLANTS UPON CITY PROPERTY IN THE CITY OF RICH HILL, MISSOURI.
BE IT ORDAINED BY THE BOARD OF ALDERMAN OF THE CITY RICH HILL, MISSOURI AS FOLLOWS:
Section 1. Definitions
City: “City” is defined as the City of Rich Hill, Missouri.
Street Trees: “Street trees” are defined as 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.
Park Trees: “Park trees” are defined as trees, shrubs, bushes, and all other woody vegetation in City parks.
Public Community Forest: “Public community forest” is defined as all street and park trees, and other trees owned by the city as a total resource.
Private Community Forest: “Private community forest” is defined as all trees within municipal boundaries but not owned by the city.
Community Forest Manager: The “community forest manager” is defined as the official representative of the Tree Board and as such is responsible for administration of the community forestry program.
Section 2. Purpose
It is the purpose of this ordinance 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 Rich Hill, Missouri. It is also to manage Rich Hill’s community forest in a strong, healthy condition for today and the future Rich Hill, Missouri.
Intent:
It is the intent of the Board of Alderman of the City of Rich Hill that the terms of this ordinance shall be construed so as to promote:
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 Rich Hill from property damage, caused or threatened by the improper planting, maintenance or removal of trees, shrubs or other plants located within the community.
Section 3. Creation and Establishment of a City Tree Board
There is hereby created and established an advisory City Tree Board for the City of Rich Hill, Missouri, which shall consist of five members, citizens and residents of this city, who shall be appointed by the mayor with the approval of the Board of Alderman. The community forest manager shall be an ex-officio member of the City Tree Board.
Section 4. Term of Office
The term of the five persons to be appointed by the mayor shall be three years except that the term of two of the members appointed to the first board shall be for only one year and the term of two members of the first board shall be for two 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.
Section 5. Compensation
Members of the Tree Board shall serve without compensation.
Section 6. Duties and Responsibilities
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 Board of Alderman and upon their acceptance and approval shall constitute the official comprehensive city tree plan for the City of Rich Hill, Missouri.
The Tree Board, when requested by the Board of Alderman, shall consider, investigate, make finding, report, and recommend upon any special matter or question relating to trees.
The Tree Board is advisory in nature and shall require permission from the Board of Aldermen before planting, cultivating, mulching, pruning, spraying, or removing of any trees within the public community forest.
Section 7. Operation
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. As a public body, the Tree Board is obligated to adhere to Chapter 610 of the Revised Missouri Statutes Annotated, commonly known as the “Sunshine Law”.
Section 8. Street Tree Species to be Planted
The City of Rich Hill, 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.
Section 9. Distances and Clearances for Planting
Street trees may be planted in the tree lawn where this is no less than six feet between the edge of the sidewalk and the curb of the street. Street trees shall be planted no closer than three feet from a sidewalk, driveway, or street.
No street tree shall be planted closer than 10 feet from any street corner, measured from the point of the nearest intersection of curbs or curb lines.
No street tree shall be planted closer than 10 feet from any fireplug.
Special permission must be obtained from the community forest manager when planting street trees within 10 feet of any point on a line on the ground immediately below any overhead utility wire.
Section 10. Public Tree Care
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, lanes, 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.
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,
The abutting property owners shall have the right to perform normal tree care on all street trees.
Section 11. Permits Required
No person shall plant a street tree without first obtaining a permit from City Hall. There will be no fee for such permit.
Section 12. Compensatory Payments
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 not 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.
Notwithstanding the preceding language, the Board of Aldermen may at its discretion waive any such compensatory payments.
Section 13. Tree Topping
It shall be unlawful as a normal practice for any person, or firm, 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 Board of Aldermen.
Section 14. Clearance Over Streets and Walkways
Clearance over streets and walkways shall be the responsibility of the abutting property owner. A clearance of 10 feet must be maintained over walkways and a clearance of 16 feet must be maintained over streets and alleys. Property owners are responsible for trees on their own property as well as trees on the public right of way that abuts their property.
Section 15. Dead or Hazard Tree Removal
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.
Section 16. Interference with the Tree Board
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 removing of any trees within the public community forest.
Section 17. Enforcement
The Community Forest Manager is hereby charged with the responsibility for the enforcement of this ordinance and may serve 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.
Section 18. Access
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 ordinance.
Section 19. Penalty
Any person, firm or corporation violating any provision or fails to comply with any notice issued pursuant to the provisions of this ordinance, shall, upon conviction, be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment in the city or county jail for a term not exceeding ninety (90) days or by both such fine and imprisonment.
Section 20. Arborist Certification and Insurance
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 workmen’s compensation. No certification shall be required by any public employee doing such work in the pursuit of their public service endeavors.
Section 21. When Operative
This ordinance shall be in force and affect from and after its passage and approval as provided by law.[1]
1ST READING ON THIS THE 19TH DAY OF APRIL 2023
2ND READING ON THIS THE 19TH DAY APRIL 2023
THIS ORDINANCE WAS READ TWO TIMES AND PASSED THIS 19TH DAY OF APRIL 2023
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Nathan Kassner, Mayor
ATTEST:
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Casey Crews, City Clerk
Ayes: Bonham, Simon, Tourtillott
Nays: None