A new Cape Girardeau ordinance would establish a tree board to rule in disputes about cutting down trees on city property.

The City Council gave the ordinance first-round approval Monday night. It will come up for final approval Nov. 2.

The ordinance also outlines what types of trees could be planted on public property and where trees may be planted in relation to curbs, sidewalks and utility lines.

It also provides for the designation of exceptional trees, which would be protected from removal.

Last year Cape Girardeau officials came under fire for removing more than 40 trees from parkways -- the city-owned grassy areas between sidewalks and curbs -- in older sections of the city.

City officials said the trees' roots were causing sidewalks to buckle and posed a public hazard that could have sparked lawsuits. Residents argued that cutting down the trees damaged the ambience of their neighborhoods.

The ordinance in its entirety has been in development on and off for several years, said City Manager Michael G. Miller.

"The provisions for a tree board to act as an appeal in cases where we're going to have to take trees down was a reaction to what happened last year," Miller said.

An unofficial, pared-down version of the tree board has already met this year on some questions, said Dan Muser, the city's parks and recreation director.

"We've had an opportunity to make some recommendations on some trees that were involved with the sidewalk projects," Muser said.

"Things went much smoother" with the board's involvement, Miller said.

The ordinance calls for the tree board to be made up of the parks and recreation director, the public works director and a member of the Parks and Recreation Advisory Board, as well as two residents selected by the City Council.

If the ordinance gets final approval, Muser said, the council will have to name the final two board members.

The tree board's duties include developing and administering a comprehensive city tree plan and, at the City Council's request, making recommendations for any special matters that come within its scope.

The council would have final approval of any decision made by the tree board, as with other advisory boards, and residents could appeal the tree board's decisions to the council.

Under the old ordinance, trees could be planted within the parkways between sidewalks and curbs, which led to the problem of tree roots buckling sidewalks.

The new ordinance effectively prohibits that practice. Depending on its size at maturation, no tree could be planted within 2 to 4 feet of a curb or sidewalk.

The new ordinance also specifies that trees couldn't be planted within 50 feet of a street corner or within 10 feet of a fire hydrant. And no public tree could be planted if its top growth would reach within 10 feet of overhead utility lines.

The new ordinance also includes a list of approved species for planting in public areas, including along streets and in parks.

Special trees would be eligible for recognition -- and protection from the chain saws -- under the new ordinance. Exceptional trees may be designated with permission of the owners for their historic character, aesthetic appeal, age, size or unique species.

The exceptional-tree designation would apply to trees on public and private property, and trees so designated couldn't be removed without permission of the property owner.

Trees on private property which pose a hazard to public property or people using public property could be removed by the city under the new ordinance.

Muser said that clause would apply mainly to diseased or infested trees.

Owners of private trees would also be required to prune trees so they don't obstruct street lamps and traffic control devices, traffic and drivers' vision. Trees also have to be pruned to provide at least 8 feet clearance above sidewalks and 14 feet above streets.

And trees on public property could no longer be "topped" -- the practice of cutting limbs back to stubs within the tree's crown -- unless other pruning methods are impractical.

Muser and Miller say the new ordinance would balance the need for trees against the need to protect infrastructure.

"Nobody wants to not see trees cut down anymore than I do, but sometimes you just have to do that," Muser said.

It would also help make the city eligible as a Tree City USA community and for special grants available through that designation.

BRANCHING OUT

The City Council gave first-round approval this week to a new ordinance regulating tree plantings and removals on public property. Among its provisions:

-- Establishment of a tree board to study, develop, administer and update a written plan for the care, preservation, pruning, planting and re-planting, removal or disposition of public trees in parks, along streets and in other public areas. The board will also oversee removal of dead or diseased trees from private property and will hear appeals from property owners who dispute the necessity to remove a particular tree.

-- Setting the distances public trees may be planted from curbs and sidewalks, fire hydrants, corners or utility lines. Trees should be planted, depending on their size at maturity, no closer than 2 to 4 feet from sidewalks or curbs, 50 feet from street corners, 10 feet from fire hydrants, or within 10 feet of overhead utility wires or transmission lines.

-- Topping public trees -- those on city-owned property, including parkways, park areas and streets -- is prohibited.

-- The city can require through action by the board the removal of dead or diseased trees on private property if they constitute a hazard to public property or people on public property.

-- The designation of public and private trees as exceptional trees, which would prohibit their removal without owner approval. No tree could be so designated without permission of the property owner. Criteria would include documented historical significance or location on a local or national historic landmark and unique character because of age, species or size.