CHAPTER 240: TREE TRIMMING AND MAINTENANCE
Cross References Obstruction of view prohibited on corner lots, §505.020;
tree trimming
required, height restrictions, unlawful injury to street trees, §§505.040
505.050.
It shall be the intent of this Chapter, through the maintenance, placement, planting, preservation and protection of trees to: Aid in the stabilization of soil by the prevention of erosion and sedimentation; reduce stormwater runoff and the cost associated therewith; provide a buffer and screen against noise pollution; provide protection against severe weather; provide shade, protect and increase property values; protect the citizens of the City from the dangers of harmful chemicals; conserve and enhance the City's physical and aesthetic environment; and generally protect and enhance the quality of life and the general welfare of the City and its residents.
(CC 1968 §14-231; Ord. No. 1414 §2, 6-17-85)
For the purposes of this Chapter, the following terms, phrases, words
and their derivations shall have the meanings given herein; when not inconsistent
with the context, words used in the present tense include the future and
words in the singular number include the plural number; the word "shall"
is always mandatory and not merely directory:
CITY: The City of Blue Springs, Missouri, and includes any department
or subdivision thereof.
LINE: Includes line, cable, conduit, or conductor.
PERSON: Any public or private individual (other than owner/resident),
group, company, firm, corporation, partnership, association, society or
any other combination of human beings, whether legal or natural.
PRUNE: To alter, trim or cut a tree in accordance with generally accepted
conservation pruning techniques. In this Chapter, such practices may include
pruning certain branches beyond the six (6) foot easement or further than
six (6) feet from a line. In the case of "certain trees" pruning may be
performed in such a manner so as to obtain a ten (10) foot horizontal clearance;
and as it applies to "other trees" a horizontal clearance of six (6) feet.
REMOVAL: The actual removal or causing the effective removal through
damaging, or other direct or indirect actions resulting in the death of
trees.
SUBSTANCE, DANGEROUS: A restricted use pesticide that requires a municipal,
County, State, and/or Federal license and/or permit to purchase and/or
administer.
SUBSTANCE OF ORGANIC SYNTHESIS: Any substance that is of a carbon base
and is man-made.
TREE: Any self-supporting, woody plant together with its root system,
growing upon the earth usually with one (1) trunk of at least two (2) inches
in diameter at a height of four (4) feet above the ground, or a multi-stemmed
trunk system with a definitely formed crown.
TREES, CERTAIN: Those which have rapid growth, weak branching habits,
or brittle wood together with those trees that due to form, damage or disease
are hazardous to the line or public safety including, but not limited to
Siberian (Chinese) elm-Ulmus pumila; silver (soft) maple-Acer§ 240.020
Blue Springs City Code § 240.030
saccarinum; green ash-Fraxinus americana; box-elder-Acer negundo; tree-of-heaven-Ailantus
altissima; cottonwood-Populus deltoides; lombardi poplar-Populus lombardi;
black locust-Robinia pseudoaccia; willow-Salix sp.
TREES, OTHER: Those trees not included in the meaning or intent of the
definition of "certain trees" above. (CC 1968 §14-232; Ord. No. 1414
§2, 6-17-85)
SECTION 240.030: PERMISSION REQUIRED FOR TRIMMING, CUTTING, ETC.
EXCEPTIONS
Except as otherwise provided herein, it shall be unlawful for any person
to remove, damage, alter, trim or cut any tree growing in or upon any easement
granted for the purpose of constructing, maintaining, operating, protecting,
repairing, replacing and/or removing any sanitary sewer facility, storm
sewer facility, telephone facility, close circuit signal transmission facility,
natural or manufactured gas facility, electric light and power facility,
or other public utility facility, unless said person shall first obtain
the express written permission of the owner/resident of the property burdened
by such utility easement with the following exceptions:
Certain trees in or overhanging an easement.
Any person having rights in a utility easement may prune certain trees
which are in or overhanging such utility easement if the trunk or branches
of such tree are within six (6) feet of any line operated or maintained
by such person.
Such a tree, so identified, may be cut to the ground if its trunk lies
entirely within such utility easement.
Other trees entirely within the utility easement if maintained by the
owner/resident so that no part comes within six (6) feet of the line may
not be pruned or cut to the ground by any person without the written consent
of the owner/resident.
Other trees entirely in or partly in an easement; phase-out and replacement.
If an owner/resident is
concerned about lost shade or other benefits from other trees located
entirely within the easement then with the owner's written request any
person may allow such other trees with trunks located entirely within the
easement and with trunks or branches within six (6) feet of the line to
be removed in phases in such a way as to allow up to fifteen (15) years
from the date of such a request for replacement trees or shrubs to become
established.
It will be the
owner's/resident's responsibility to obtain and plant such replacements.
The replacements shall be selected and/or placed so that in their natural
mature form they will not interfere with the line in the future.
Certain trees shall not be planted wholly or partially within the utility
easement nor where they may interfere with the line in the future.
Any person will allow twelve (12) months from the date of such request for such planting to be completed. If such planting is not completed within that twelve (12) month period, then any person may proceed with their normal pruning/removal practices on that property.
§ 240.030 Tree Trimming And Maintenance § 240.060
Existing fruit, ornamental or evergreen trees within or overhanging
the easement may be pruned so as to maintain necessary line clearance,
but may not be removed without the owner's/resident's written consent.
Any tree with a trunk outside of or partially within the utility easement
may be pruned so as to maintain the necessary clearance from the line until
the next pruning cycle by any person having rights in said easement if
the trunk or branches of such trees are within six (6) feet of any line
operated or maintained by such person. Such tree, so identified, may be
cut to the ground only after written permission is first obtained from
the owner/resident.
Notice. Any person desiring to prune any tree pursuant to this Section
shall cause to be delivered to the owner/resident of the property burdened
by such utility easement, a written notice stating the action to be taken,
with said notice to be delivered not more than eight (8) weeks nor less
than two (2) weeks prior to the action being taken.
Permission of the property owner/resident shall not apply to the removal,
alteration, trimming, or cutting of trees on public rights-of-way by or
on behalf of a Federal, State, County, municipal or other governmental
agency pursuant to its lawful activities or functions in the construction
or improvement of public rights-of-way.
Where emergencies occur, involving, but not limited to, tornadoes, wind
storms, floods, freezes, ice storms, or other natural disasters, causing
interrupted service or emergencies in the form of a recently discovered
hazardous condition; the requirements of this Chapter, except for the provisions
contained in this Section 240.030, shall be deemed waived.
Any person may trim or cut limbs or remove trees which are in such unstable
condition as to constitute a hazard of falling upon the distribution facilities
of the utility, threatening interruption of service or the safety of the
public. (CC 1968 §14-233; Ord. No. 1414 §2, 6-17-85)
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