[1]
Editor's Note: Ord. No. 3376 changed the title of this Article
from "Site Design And Parking Requirements" to "Site Design." We changed
the title here and at all references to this Article throughout the
Code to match this amended title.
[R.O. 2005 §30-68; CC 1997 §30-68]
This Article shall be applicable to those areas zoned "residential,
commercial and light industrial".
[Ord. No. 3357, 1-17-2018]
A.
Interior
Lots. All lots must have a front yard. If a lot does not have street
frontage, the City Planner shall determine the front, rear and side
lot lines and yards of such lot based on proximity of the nearest
public street, existing lot configuration of abutting lots and good
planning practices.
B.
Appeals. Any person directly affected by a decision of the City Planner under this Section may appeal to the City Council. Appeals must be filed with the Council, in writing, no later than fourteen (14) days following the date of the decision so appealed. Appeals from the decision of the City Council shall be made to the Board of Adjustment in accordance with Section 400.140.
[R.O. 2005 §30-21; Ord. No. 2697 §1, 4-20-2005; Ord. No. 3376, 5-16-2018;[1] Ord. No. 3559, 10-18-2023]
A.
Title. This Section shall be known and may be cited as the "Tree
and Landscape Ordinance" of the City of Ellisville, Missouri.
B.
Purpose And Intent.
1.
The purpose of this Section is to preserve and promote the health,
safety, and general welfare of the public by providing regulation
for the preservation and removal of existing trees and natural features,
planting of trees and landscape plants, and to promote best practice
landscape maintenance within the City of Ellisville. It is the intent
of this Section to:
a.
Preserve and improve the visual landscape character within the
community.
b.
Promote compatibility between various land use transitions through
the preservation and installation of screening and landscaping.
c.
Minimize nuisance effects resulting from traffic, glare, heat,
noise, and dust.
d.
Encourage the preservation of existing desirable trees, woodlands,
and natural features.
e.
Promote filtering of air pollutants, oxygen regeneration, ground
water recharge, reduction of stormwater runoff, improve water quality,
stabilization of soil, and erosion prevention.
f.
Protect property values.
g.
Improve the appearance of parking areas and properties abutting
public rights-of-way.
2.
Additionally, this Section is intended to provide focused guidance
on regulations pertaining to priority areas identified by the City
as noted below:
C.
Applicability.
1.
Except where specifically exempt in this Section, requirements
stated herein are applicable to all existing private and public properties,
public rights-of-way, all vacant and undeveloped land, properties
proposed for subdivision, properties applying for conditional use
permit, properties applying for site plan review and building permits,
and all properties to be redeveloped, including additions and alterations.
2.
Properties that are non-conforming to the requirements stated
in this Section shall be brought into conformity when a new building,
new accessory structure, or new parking lot is proposed or when an
addition to an existing building, accessory structure, parking lot,
or outside storage yard exceeds one thousand (1,000) square feet or
increases by ten percent (10%), whichever is greater.
3.
Parcels of land occupied by a single-family or two-family land
use are exempt from the requirements stated herein, except where specifically
stated in this Section.
D.
Administrative Provisions.
1.
It shall be the duty of the City Planner to administer, enforce,
and carry out the provisions and requirements of the Tree and Landscape
Ordinance.
2.
The City Planner may seek assistance in administrative duties
from other City staff, the Tree Board, or third-party professional
consultants (i.e., certified arborist, urban forester, landscape architect,
etc.), as deemed necessary to administer, provide consultation, enforce,
and carry out the provisions and requirements of the Tree and Landscape
Ordinance.
E.
BALLED AND BURLAPPED (B&B)
BARE ROOT PLANTING
BOTANICAL NAME
CALIPER
CONTAINER GROWN
CRITICAL ROOT ZONE (CRZ)
CROWN LIFTING
CROWN REDUCTION
CROWN THINNING — Selective pruning to remove weak, thin,
and crossing limbs and branches to reduce the density of branches/foliage
CULTIVAR
FORMATIVE PRUNING
HEAT ISLAND
INVASIVE SPECIES
IRRIGATION
MISSOURI ONE CALL SYSTEM
MoDOT
RIGHT-OF-WAY (ROW)
STREET TREE
TREE LAWN
TREE "TOPPING"
TREE-FORM
UNDERSTORY PLANT (TREE, SHRUB, ETC.)
UTILITIES
VARIETY
WHIP (PLANT)
Definitions. The following definitions, in addition to those stated in Section 400.090, shall apply to this Section:
Field grown plants which are dug with soil intact then wrapped
with burlap and tied with twine or wire baskets.
Plants that are dug and transported with no soil covering
the roots.
Formal scientific latin name of a plant describing the genus
and species.
A measurement of the size of a tree equal to the diameter
of its trunk measurement at four and one-half (4 1/2) feet above
natural grade. If a tree splits into two (2) or more trunks below
four and one-half (4 1/2) feet, then the trunk is measured at
its most narrow point below the split. For newly planted trees the
caliper measurement will be taken six (6) inches above natural grade.
A plant which has been produced in some form of container,
usually plastic pots of ranging sizes.
Area of that tree(s) root system that shall remain undisturbed
in order to protect the health of a tree. This zone is generally defined
as the area of a tree(s) roots within the dripline of the trees crown.
Selective pruning of lower tree branches to increase the
vertical clearance of the tree crown from ground level.
Selective pruning of a tree's crown to reduce the overall
height and spread, while maintaining the tree's natural form.
Sometimes performed to improve the long-term health of a
tree.
Plants that are propagated vegetatively to ensure plant offspring
will obtain desirable characteristics of the parent plant for one
(1) generation.
Selective pruning of lateral tree branches to develop a strong
straight trunk, properly spaced branching, and a clear central leader.
An area, typically urban, that is significantly warmer than
its surroundings. Heat island is generally a result of urban development
patterns that add impervious surfaces in place of green space.
A plant species which is "out of place," typically non-native
to a particular region, and has the tendency to propagate and spread
vigorously leading to the damage of the environment, habitat, human
economy, and/or human health.
Providing water to plantings; can be performed manually or
through an automated system.
A non-profit Missouri corporation which provides a single-point
of contact to aid in the location and marking of public underground
utilities.
Missouri Department of Transportation.
Strip of publicly maintained land which is used for transportation
purposes. Right-of-way typically houses roadways, sidewalks, bike
trails, above ground and below ground utilities.
A tree located within or directly adjacent to public right-of-way
for the purpose of calming traffic, absorbing stormwater and pollutants,
mitigating heat island effect, providing shade, and adding aesthetic
value.
Planting area located within the right-of-way between the
edge of road pavement and sidewalks typically planted with turf lawn.
Excessively reducing tree crowns by cutting branches and
limbs, leaving only stubs and lateral branches that are too small
to assume the role of a terminal leader. Tree topping most often leads
to numerous problems and risks, and should be avoided.
Single trunk variation of plant species usually grown as
clumps or with multiple trunks.
Plant species that are adapated to growing beneath the canopy
of larger trees and/or in woodland environments.
Above or below ground service lines, including electrical,
communications, storm sewer, sanitary sewer, gas, water, etc.
Plants of a species which has a unique characteristic which
is true to type, and can be reproduced through seeding.
A young slender tree, typically unbranched or with limited
branches that are approximately two (2) to three (3) years in age.
F.
Plan Submission Requirements For Tree Preservation And Landscaping.
1.
This Subsection provides information on tree preservation plan
and landscape plan submissions required to be provided to the City
for review and approval to ensure compliance with the requirements
stated herein.
2.
The matrix below provides an overview of required plan submittals
for various development processes.
3.
A landscape or tree preservation plan may be required as indicated
in the matrix shown in Figure 1 below or as deemed necessary by the
City Manager.
Figure 1: Required Plan Submittal Matrix
| ||
---|---|---|
Development Process
|
Landscape Plan Required?
|
Tree Preservation Plan Required?
|
Zoning Map or text amendment
|
No
|
No
|
Application for site plan review
|
Yes2
|
Yes2
|
Site improvement/land disturbance permit application
|
Yes1
|
Yes1
|
Building permit application
|
Yes2
|
Yes2
|
Tree removal request form
|
No
|
No3
|
Conditional use permit application
|
Yes
|
Yes
|
Application for architectural review
|
Yes
|
Yes
|
Planned development application
|
Yes
|
Yes
|
Application for subdivision, lot consolidation, boundary adjustment,
or condominium plat approval
|
Yes
|
Yes
|
1
|
Landscape and tree presevation plans shall accompany an application
for site improvement/land disturbance permit as follows:
|
- If required by other concurrent development process (i.e.,
site plan review, building permit, etc.).
| |
- Tree preseravtion plans shall be provided if the permit application
includes major land distrubance or utility construction.
| |
- Landspace plans shall be provided if the permit application
includes modification to landscape or trees required by ordinance.
| |
2
|
Yes, for all new buildings and building renovations or parking
additions with a gross area of one thousand (1,000) square feet or
greater; and for properties which are not in compliance with tree
and landscape requirements described herein.
|
3
|
If more than ten (10) protected trees are requested for removal,
submission and approval of a tree preservation and/or landscape plan
to the City may be required, as the City Manager deems necessary.
|
4.
Once tree preservation and or landscape plans have been submitted
to the City, the City Planner and/or their third-party consultant
will review the plans for compliance and provide either comments for
revision and re-submittal, notice of approval, and/or notice of disapproval.
5.
Tree Preservation Plan (TPP) Requirements.
a.
Tree preservation plans submitted digitally or in printed form
to the City for review shall have a scale of one (1) inch equals fifty
(50) inches or larger, be on standard size drawing sheets no larger
than thirty-six (36) inches by forty-eight (48) inches, and contain
the following information:
(1)
Drawing scale and drawing orientation (north arrow).
(2)
Property lines, easements, rights-of-way (including
dimensions).
(3)
Existing and proposed contours at five (5) feet
intervals or less.
(4)
Limits of disturbance and clearing limits.
(5)
Location and dimensions of existing and proposed
buildings, parking/vehicular use areas, paved surfaces, walls, fences,
lights, and other site features.
(6)
Size and location of existing and proposed public
and private utilities.
(7)
Location, size, and species of existing trees to
remain on-site.
(8)
Location, size, and species of existing trees to
be removed from site.
(9)
Layout and details of tree protection measures
as identified and required by this Section herein (i.e., tree protection
fencing, root pruning, tree protection mats, silt fencing).
(10)
Name, address, and phone number of the property
owner.
(11)
Name, address, and phone number of the landscape
architect or certified arborist responsible for the production of
drawings.
b.
Tree preservation plans submitted shall be prepared, signed,
and sealed by a Missouri landscape architect, urban forester, or a
certified arborist.
c.
Tree preservation plans submitted for individual single-family
or two-family properties are not required to be sealed by a Missouri
landscape architect. Urban forester, or certified arborist.
6.
Landscape Plan Requirements.
a.
Landscape plans submitted digitally or in printed form to the
City for review shall have a scale of one (1) inch equals fifty (50)
inches or larger, be on standard size drawing sheets no larger than
thirty-six (36) inches by forty-eight (48) inches, and contain the
following information:
(1)
Drawing scale and drawing orientation (north arrow).
(2)
Property lines, easements, rights-of-way (including
dimensions).
(3)
Zoning of site and adjoining properties.
(4)
Existing and proposed contours at five (5) feet
intervals or less.
(5)
Location and dimensions of existing and proposed
buildings, parking/vehicular use areas, paved surfaces, walls, fences,
lights, and other site features.
(6)
Size and location of existing and proposed public
and private utilities.
(7)
Location and sizes of proposed trees and landscaping
[proposed plant material should provide detailed information for species,
cultivars (if applicable), size, and mature size].
(8)
Location, size, and species of existing trees to
remain on-site.
(9)
Construction details, including, but not limited
to, planting details, fence details, etc.
(10)
Estimated time schedule for planting.
(11)
Name, address, and phone number of the property
owner.
(12)
Name, address, and phone number of the landscape
architect responsible for the production of drawings.
b.
Landscape plans submitted shall be prepared, signed, and sealed
by a Missouri landscape architect.
c.
Landscape plans submitted for individual single-family or two-family
properties are not required to be sealed by a Missouri landscape architect.
G.
Preservation Of Trees, Woodlands, And Natural Features.
1.
Preservation Of Woodlands And Natural Features.
a.
Natural features such as trees, brooks, hilltops and views shall be preserved wherever possible in designing any subdivision or lot containing such features. Artificial and natural lakes are to be preserved and encouraged as much as possible. Young and mature woodlands, as defined in Section 400.090, on a site to be subdivided or developed for any permitted or conditional land use shall be preserved as permanent open space as set forth in this Subsection:
(1)
No more than seventy percent (70%) of any mature
woodlands may be cleared or developed. The remaining thirty percent
(30%) shall be maintained as permanent open space. No more than seventy-five
percent (75%) of any young woodlands may be cleared or developed.
The remaining twenty-five percent (25%) shall be maintained as permanent
open space.
(2)
The following precautions shall be undertaken to
protect woodland areas to be maintained as permanent open space:
(a)
The developer shall submit a survey of all woodlands
or clusters of trees greater than two and one-half (2 1/2) inches
in caliper and the location of all proposed lot lines, buildings,
rights-of-way, utility lines and easements. A detailed description
of individual trees with a caliper twelve (12) inches or greater,
including type and size, shall be provided.
(b)
The developer shall designate the location and
amount of young and/or mature woodlands to be maintained as permanent
open space and their percentage of the total young and mature woodlands
on the site.
(c)
The developer shall not include as permanent open
space any trees or woodlands in easements, building areas, rights-of-way
or dedications. Any permanent open space trees which are removed by
the utilities must be replaced by the developer at the rate of two
(2) to one (1) and said trees must be a minimum of two (2) inches
in caliper if replacing young woodland trees and four (4) inches in
caliper if replacing mature woodland trees.
(d)
The developer shall not develop within the canopy
area or dripline of any tree to be preserved as permanent open space.
The "canopy or dripline" of a tree is that area circumscribed on the
ground by a vertical line extended from the outermost extremities
of the plant's branches to the ground.
(e)
The developer shall employ recommended tree protective
measures for existing trees and woodlands to be preserved, as stated
under tree protection standards in this Section.
(f)
The developer shall post a surety for the benefit
of the City in the amount of ten thousand dollars ($10,000.00) for
every acre of woodlands to be preserved (or portion thereof). The
surety shall be applied to the replacement of any trees which should
die prior to City acceptance of the site improvements.
(g)
The developer shall replace with a tree of similar
size and type all trees which die as a result of such development
or substitute amount or size of trees as approved by the City.
(3)
Replacement Of Woodlands. Whenever the requirements
of this Section would render a site unbuildable, the developer may
clear or develop more mature woodlands than otherwise permitted, if
the total mature woodland area disturbed is not increased by more
than ten percent (10%) of the total woodland area on the lot or site.
In any event, not more than eighty percent (80%) of mature woodlands
may be disturbed. This additional disturbance shall be permitted only
where the following conditions are met:
(a)
The developer shall designate a new woodland area
on a part of the site not forested.
(b)
The new woodland area shall consist of one and
two-tenths (1.2) times the surface acreage of the woodland area disturbed
pursuant to this Subsection.
(c)
Within each acre of newly designated woodland area,
the following plantings shall be made:
(i)
Three (3) canopy trees, minimum of three (3) inches in caliper;
(ii)
Eight (8) canopy trees, minimum of two (2) inches
in caliper;
(iii)
Seventy-five (75) canopy trees, minimum of six
(6) feet to eight (8) feet high whips; and
(iv)
Eight (8) understory trees, minimum one and one-half
(1 1/2) inches in caliper or five (5) feet high for multi-stemmed
clumps.
(d)
Woodland canopy and understory trees planted for
replacement woodland areas shall have a native distribution in Missouri
as determined by the United States Department of Agriculture Natural
Resources Conservation Service.
(4)
Removal Of Trees In Permanent Open Space. A tree
preserved as permanent open space may be removed by the resident or
owner of the property where the tree is preserved only if the following
conditions are satisfied:
(a)
A licensed landscape architect, urban forester,
certified arborist or other person whom the City deems to be qualified,
certifies that the tree is diseased or dead.
(b)
If the tree is not diseased or dead, a resident
or owner of the property may apply to the City to remove the tree
in order to make improvements to the property if:
(i)
Other trees are planted by the resident or owner to replace
the tree to be removed at the rate of two (2) to one (1) and said
replacement trees must be a minimum of two (2) inches in caliper if
replacing young woodland trees and four (4) inches in caliper if replacing
mature woodland trees.
(ii)
The replanted trees are to be located within and
included as permanent open space.
(iii)
Replacement trees shall have a native distribution
in Missouri as determined by the United States Department of Agriculture
Natural Resources Conservation Service.
b.
Where it is determined that removal of young or mature woodlands
and or significant trees has occurred within two (2) years prior to
the filing of the preliminary plat, site development plan application,
conditional use permit application, planned development application,
or other development review required by the City, the City may require
plantings in excess of the above requirements up to three (3) times
the number of trees that would otherwise be required.
2.
Preservation, Removal, And Replacement Of Protected Trees.
a.
This subsection states provisions for preservation, removal, and replacements of protected trees located on public property, rights-of-way, and private property. This subsection applies to trees that are not woodland trees, young or mature, as defined in Section 400.090, that are required to be preserved as permanent open space as stated under Subsection (G)(1), Preservation of Woodlands and Natural Features.
b.
Protected Tree Classifications. The following tree classifications
shall not be damaged or removed at any time without review and approval
from the City Manager unless otherwise stated herein. The following
tree classifications, if preserved during construction and/or redevelopment,
shall be protected as stated under tree protection standards in this
Section. The following tree classifications, if removed at any time,
shall be replaced as required under the tree replacement standards
in this Section. Protected trees within the City of Ellisville are
classified as follows:
(1)
Existing Saved Tree. Any tree saved during redevelopment
or construction that are to be credited towards meeting tree and landscape
planting requirements stated within this Section.
(a)
Existing saved trees that are to be credited must
meet the following minimum criteria:
(i)
Trees shall be live, healthy, free of disease or pests.
(ii)
Trees shall be of a species, type, and have growth
characteristics that is appropriate to the requirement the tree credit
is intended to satisfy.
(iii)
Invasive tree species as defined by the Missouri
Department of Conservation shall not be credited toward meeting tree
and landscape planting requirements.
(iv)
Canopy trees shall be a minimum of two and one-half
(2 1/2) inches or greater in caliper, ornamental trees shall
be a minimum of one and one-half (1 1/2) inches or greater in
caliper, evergreen trees shall be a minimum six (6) feet in height
and have an intact central leader.
(v)
The structural root zone of the tree shall not be disturbed and less than seventy percent (70%) of the critical root zone area shall be disturbed by construction activities. If the critical root zone is anticipated to be preserved, the tree shall be root pruned as described in Subsection (G)(4), Tree Protection Standards.
(2)
Existing Trees Located On Public Right-Of-Way/Public
Property. Any tree located within public right-of-way or public property
(i.e., parks) may not be removed without the review and approval of
the City Manager.
(a)
Removal of existing trees located in public rights-of-way
not under City of Ellisville jurisdiction (i.e., MoDOT) may require
additional review and approval or other requirements in addition to
that required by the City Manager.
(3)
Existing Trees Located On Private Property. The
following existing trees located on private property are considered
protected trees and may not be removed without the review and approval
of the City Manager:
(a)
Existing trees located on a property occupied by
a land use other than single-family or two-family residential, having
a caliper of eighteen (18) inches or greater, and is not classified
as an invasive species as defined by the Missouri Department of Conservation.
(b)
Existing trees located on a property occupied by
single-family or two-family residential land use, having a caliper
of twenty-four (24) inches or greater, and is not classified as an
invasive species by the Missouri Department of Conservation.
(4)
Trees Required By Tree And Landscape Planting Requirements.
Any existing tree previously installed and maintained and/or preserved
for a landscape buffer, street tree planting, parking lot planting,
or other required planting, pursuant to a planned development, a subdivision,
a conditional use permit, a site development plan, a landscape plan
or other such land use plan or approval may not be removed without
the review and approval of the City Manager.
c.
Removal Of Protected Trees. Protected trees as stated above
shall not be removed without review and written approval from the
City Manager. Protected trees may only be removed once the following
conditions are satisfied:
(1)
For the removal of individual or ten (10) or less
protected trees, a tree removal request form shall be obtained from
the City, completed by the property owner, submitted to the City for
review, and granted written approval by the City Manager.
(2)
If more than ten (10) protected trees are requested
for removal, submission and approval of a tree preservation and/or
landscape plan to the City Manager may be required, as the City Manager
deems necessary.
(3)
An assessment by a licensed landscape architect,
urban forester, certified arborist or other person whom the City Manager
deems to be qualified, that certifies the tree is diseased or dead
is provided.
(4)
If the protected tree(s) requested for removal
are not diseased, dead, or hazardous, or are located on public property
or public right-of-way, or were planted to meet tree or landscape
planting requirements stated by this Section, the owner agrees the
trees shall be replaced as stated under tree replacement standards
in this Section.
(5)
Exception. A protected tree may be removed without
written approval only if required as an emergency measure to remedy
an unsafe condition potentially injurious to the public, in which
case the person or commercial entity shall immediately report the
action to the City and be required to replace the tree as required
by this Section.
d.
Replacement Of Protected Trees. Protected trees that are to
be removed shall be replaced as follows:
(1)
Street trees, parkway trees, or trees located on
right-of-way shall be replaced at a minimum one (1) to one (1) ratio,
or as needed to meet minimum tree requirements as specified by this
Section, or as recommended by the City's third-party consultant.
(2)
Trees on public property (i.e., parks) shall be
replaced at a minimum two (2) (2) to one (1) ratio, or as needed to
meet minimum tree requirements as specified by this Section, or as
recommended by the City's third-party consultant.
(3)
Protected trees of private property shall be replaced
at a minimum two (2) to one (1) ratio, or as needed to meet minimum
tree requirements as specified by this Section, or as recommended
by the City's third-party consultant.
(4)
Replacement trees must meet the following minimum
criteria:
(a)
Replacement trees shall be of a similar type and
have similar characteristics to the removed protected tree.
(b)
Replacement canopy trees shall be a minimum of
two and one-half (2 1/2) inches or greater in caliper, replacement
ornamental trees shall be a minimum of one and one-half (1 1/2)
inches or greater in caliper, evergreen trees shall be a minimum six
(6) feet in height and have an intact central leader.
(c)
Species classified as an invasive species by the
Missouri Department of Conservation are not permitted as replacement
trees.
(d)
Replacement tree(s) to be planted on public right-of-way
or as a street tree shall be selected from the acceptable species
within the City Master Tree Species List.
e.
Tree Removal Request Form. A tree removal request form, made
available by the City, shall be required for submission to the City
Manager as stated herein and contain at minimum the following:
(1)
Name and address of the applicant.
(2)
Address of the property the tree is located on.
(3)
Species, size (caliper), condition, and general
location of the requested trees to be removed.
(4)
Information on how replacement requirements will
be satisfied, if required. Include at minimum the species and size
of the replacement tree(s), and the name of the installer performing
the tree replacement.
(5)
If assessment from a licensed landscape architect,
urban forester, certified arborist or other person whom the City Manager
deems to be qualified is required as stated herein, the assessment
shall be provided in letter format and attached to the tree removal
request form.
(6)
Photographs clearly documenting the condition of
each tree(s) proposed for removal shall be included. Provide photographs
on eight and one-half (8 1/2) inches by eleven (11) inches format
paper.
f.
Damage To Protected Trees. It shall be unlawful for any person,
firm or City department to top or multilate any protected tree as
classified herein. "Topping" is defined as the severe cutting back
of limbs to stubs larger than three (3) inches in diameter within
the tree's crown to such a degree so as to remove the normal canopy
and disfigure the tree. "Mutilate" is defined as damaging, cutting,
carving, transplanting or removing any tree; attaching any rope, wire,
nails, advertising posters or other contrivances to any tree, allowing
any gaseous liquid or solid substance which is harmful to such trees
to come in contact with them; or setting fire or permitting any fire
to burn when such fire or the heat thereof will injure any portion
of any 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 at the determination of
the City Manager.
g.
Residential Tear-Down And Rebuild Sites. This subsection pertains
to redevelopment of single or subdivided lots in which an existing
single-family detached or two-family residential building is demolished
and replaced with new single-family or two-family residential building.
Requirements for residential tear-down and rebuild sites as defined
above shall include:
(1)
Submission of a tree preservation plan and landscape
plan for City review and approval.
(2)
Existing protected trees on the property shall
be preserved as required herein.
(3)
At the time of redevelopment of the property existing
saved trees, meeting minimum requirements stated herein, may be utilized
as a credit for the replacement of protected trees proposed for removal.
These trees may also be used towards meeting open space tree planting
requirements.
(4)
Existing trees shown on the tree preservation plan as preserved shall be protected per the requirements set forth in Subsection (6)(4), Tree Protection Standards.
3.
Additional Tree Preservation, Removal, And Maintenance Provisions.
a.
The City shall have the right to cause the removal of any dead
or diseased trees, tree limbs or branches on public or private property
within the City, when such trees constitute a hazard to health, safety,
welfare or property or harbor insects or disease which constitute
a potential threat to other trees or plant life within the City. The
City will notify in writing the owners of such trees. Removal shall
be done by said owners at their own expense within thirty (30) days
after the date of service of notice. In the event of failure of owners
to comply with such provisions, the City shall have the authority
to remove or have removed such trees, tree limbs or branches and charge
the cost of removal on the owner's property tax notice.
b.
The City shall have the right to plant, prune, maintain and
remove trees, plants and shrubs within the right-of-way line of all
City streets, alleys, avenues, lanes, squares and public grounds as
may be necessary to insure public safety or to preserve or enhance
the symmetry and beauty of such public grounds. 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 channels, sewers, electric power lines, gas lines, water lines
or other improvements or is affected with any injurious fungus, insect
or other pest.
c.
Every owner of any tree overhanging any street or right-of-way
within the City shall prune the branches so that such branches shall
not obstruct the light from any street lamp or obstruct the view of
any street intersection and so that there shall be a clear space of
eight (8) feet above the surface of the street or sidewalk. Said owners
shall remove all dead, diseased or dangerous trees or broken or decayed
limbs which constitute a menace to the safety of the public. The City
shall have the right to prune any tree or shrub on private property
when it interferes with the proper spread of light or interferes with
visibility of any traffic control device or sign.
d.
It shall be unlawful for any person to prevent, delay or interfere
with the City or any of its agents while engaging in and about the
planting, cultivating, mulching, pruning, spraying or removing of
any street trees, park trees or trees on private grounds as authorized
in this Section.
4.
Tree Protection Standards.
a.
Tree protection measures identified by a tree preservation plan,
or otherwise required as stated herein or by City-issued permit, should
be in place and fully installed prior to redevelopment or construction
of a site. A developer(s) of a site shall be responsible for the replacement
of protected trees damaged beyond repair if the trees are harmed due
to lack of protection or through negligence on the part of the developer/contractor.
b.
Tree Protection Measures. Measures utilized by developers and
their contractors for before and during construction and development
of a site shall include the following:
(1)
Tree Protection Fencing. Tree protection fencing
shall have a minimum height of four (4) feet and be installed in such
a manner that it maintains its rigidity and effectiveness as a barrier.
Standard materials used for tree protection fencing shall be as noted
in Figure 4. Other suitable tree protection fencing materials may
be used with approval from the Tree Board. Tree protection signs shall
be provided as shown and noted in Figure 5.
(2)
Root Pruning. Existing trees to remain on-site
in which critical root zones may potentially be impacted from grading,
excavations, wall or foundation construction, or utility trenching
shall be root pruned prior to construction activities. Root pruning
shall be performed using either manual or mechanical methods such
as chainsaws, vibrating knife, rock saw, narrow trencher or other
equipment approved by the City Manager. The use of equipment that
tears, rips, or pulls roots is prohibited.
(3)
Tree Protection Mats. If construction equipment,
vehicle, or heavy foot traffic is anticipated and unavoidable within
the critical root zone of an existing tree to be saved, tree protection
matting should be installed prior to construction activities. Tree
Protection matting should be installed over a sufficient layer of
mulch or wood chips to assist with the dispersion of heavy loading.
(4)
Siltation Fencing. Where there is potential for
erosion from construction activities, siltation fencing should be
installed to prevent erosion and sediment buildup within established
tree protection zones. Siltation fencing should be installed outside
of the critical root zone of tree(s) to prevent damage to roots. Siltation
fencing shall remain in place for the entirety of construction and
shall not be removed until vegetation on-site has established adequately
enough to prevent erosion.
(5)
Tree Protection Supervisor. A developer and/or
their contractor(s) shall provide a designated tree protection supervisor
on-site whenever equipment or trucks are placed or are moving near
the trees to be protected in order to ensure compliance with all tree
protective measures.
c.
Tree Protection Zone. Tree protection fencing shall be placed
at the dripline or limits of the critical root zone, as approved by
the City Manager, of each tree to be protected within the area of
disturbance. The fencing shall be used to create a designated tree
protection zone that shall be installed prior to construction of any
type is commenced and must be maintained for the entirety of construction.
The tree protection zone should comply with the following:
(1)
Construction equipment, vehicles, trailers, excessive
foot traffic, and storage of materials must remain outside of the
tree protection zone.
(2)
Erosion control measures shall be installed to
prevent siltation or erosion within the tree protection zone.
(3)
Trenching or excavation is prohibited within the
tree protection zone.
(4)
No grade or earthwork changes are to be made within
the tree protection zone.
(5)
Spoils from trenching or other excavations shall
not be placed within the tree protection zone.
(6)
Underground utilities and irrigation lines shall
be routed around tree protection zones. Where underground utility
and irrigation lines must pass through a tree protection zone, they
shall be tunneled or bored.
(7)
No burn piles or debris pits shall be placed within
the tree protection zone.
(8)
No ashes, garbage, chemicals, or other debris shall
be dumped in the tree protection zone.
(9)
Herbicides used within the tree protection zone
must be safe for use around trees.
H.
Tree And Landscape Requirements.
1.
Street Yard Landscape Requirements.
a.
A street yard measuring a minimum of twenty (20) feet in width
shall be established and maintained within the required front yard
along the street side adjacent to the property line, as follows:
(1)
The street yard shall be landscaped with turf grass,
groundcover, shrubs, trees, or a combination thereof. Natural mulch
or landscape gravel may be used in the street yard in combination
with natural, living plant material.
(2)
Street yard shrub and groundcover plantings adjacent
to intersections, cross streets, and business entries should not be
taller than three (3) feet.
(3)
Impervious surface, including point of access,
driveways, parking lots, and/or sidewalks should not exceed thirty
percent (30%) of the total street yard area.
(4)
Street tree plantings as required herein shall
be provide in the street yard if not able to be located within the
right-of-way.
(5)
May consist of pedestrian accommodations and amenities, including, but not limited to, sidewalks, street furniture, pedestrian level lighting, landscaping, and street tree plantings. Impervious surfaces dedicated to pedestrian accommodations and amenities may exceed thirty percent (30%) of the total street yard area, within the front building setback for properties within the Town Center, as defined in Section 400.090.
2.
Tree Requirements.
a.
Tree Planting Categories. In an effort to encourage more effective placement of tree plantings, three (3) categories of tree plantings have been created to group trees by size and similar growing characteristics. Refer to the Subsection (H) for recommended tree planting lists. Below is a list of the three (3) planting categories as defined by this Section, along with brief descriptions of each:
(1)
Group A (Compact Trees). Group A trees consists
of species that generally have more compact habit and smaller canopies.
Trees in this category will have an average mature canopy height of
no more than thirty (30) feet and are more ornamental in character.
Please note also included in this category are columnar/fastigiate
form trees that are suitable for placement in more constricted locations
(i.e., adjacent to power lines).
(2)
Group B (Medium Trees). Group B trees consists
of species that generally have more compact habit and medium size
canopies. Generally trees in this category will have an average mature
canopy height of no more than fifty (50) feet.
(3)
Group C (Large Trees). Group C trees consists of
species that generally have more broad and open habits and larger
sized canopies. Generally trees in this category will have an average
mature canopy height more than fifty (50) feet.
The following pages contains tree catalogues for Group A, B,
and C tree planting categories. These catalogues provide information
on specific characteristics for each tree and should be utilized with
the master tree species lists provided herein to assist with the selection
of appropriate tree plantings to meet specific site conditions.
|
b.
Tree Plantings Requirements Illustrated. The diagram below (Figure
8) illustrates tree planting requirements applicable to a property,
and is shown for illustration purposes only. The diagram helps to
illustrate various planting requirements for street trees, open space
trees, landscape buffer trees, and parking/vehicular use area trees.
c.
Typical Tree Planting Metrics. The tree placement metrics stated
in Figure 9 should be used for locating the placement of required
street tree, open space tree, parking/vehicular use area tree, and
landscape buffer tree plantings. The metrics were created to allow
for the various tree species to have the proper amount space for maximum
plant growth and to reduce potential conflicts with utilities, pavement,
visibility, etc. The diagrams illustrated in Figures 10, 11, and 12
are provided to graphically show tree placement metrics, the diagrams
are shown for illustration purposes only.
Figure 9: Typical Tree Planting Metrics Chart
| |||
---|---|---|---|
Placement Metric
|
Group A
|
Group B
|
Group C
|
Min. spacing between street trees
|
15 feet o.c.
|
20 feet o.c.
|
30 feet o.c.
|
Min. of spacing from intersections/cross streets
|
25 feet
|
25 feet
|
25 feet
|
Min. spacing from overhead utility lines
|
10 feet*
|
25 feet
|
30 feet
|
Min. spacing from street lights
|
25 feet
|
25 feet
|
25 feet
|
Min. spacing from fire hydrants and at grade utilities (manholes/inlet
structures/etc.)
|
10 feet
|
10 feet
|
10 feet
|
Min. spacing from edges of pavement***
|
3 feet
|
4 feet
|
6 feet**
|
Min. spacing from driveways and curb-cuts
|
15 feet
|
15 feet
|
15 feet
|
*
|
Tree's with small, compact habit may be planted under utility
lines with approval from City and utility owner.
|
**
|
Group C trees may be planted in tree lawns less than twelve
(12) feet wide, but not narrower than eight (8) feet wide.
|
***
|
Trees may be planted closer to edges of pavement than listed
with City review and approval if appropriate design measures are used
(i.e., structural soils system, root directors, etc.).
|
d.
Street Tree Plantings.
(1)
Street tree plantings will be required as follows:
(a)
Non-residential streets: one (1) tree per fifty
(50) lineal feet of lot frontage.
(b)
Residential streets: one (1) tree per forty (40)
lineal feet of lot frontage.
(c)
Existing trees saved, meeting minimum size, of
acceptable species and health, and meeting street tree placement requirements
may be counted toward street tree totals.
(d)
Street tree plantings on right-of-way under jurisdiction
of an agency or entity separate from the City may require additional
review, approval, and permitting.
(e)
Group B and C tree species should be utilized for
street tree plantings to the extent possible, Group A trees should
be utilized where limitations and other obstacles require a compact
form tree.
(2)
Street Tree Planting Clearance And Visibility.
The following will apply to street tree and clearances:
(a)
Tree canopies should be pruned to maintain a minimum
eight (8) foot clearance from ground level as the tree matures in
size. If clearance not met at time of planting, planting should be
located that it does not impede access or visibility on roadways or
walking surfaces.
(b)
Limbs shall not obstruct street light distribution.
(c)
Limbs that extend beyond the vertical plane of
a driveway or roadway edge must have a minimum clearance of fourteen
(14) feet above the roadway surface.
(d)
Tree trunks and limbs shall not obstruct signage.
(e)
Along commercial corridors, tree plantings shall
be located and pruned appropriately to prevent screening of properties
adjacent to roadway. Street yard landscape between the street and
front of adjacent businesses shall be kept to a maximum height of
three (3) feet to allow visibility into the property.
(f)
Trees should not be planted within the sight distance
triangle as described by City of Ellisville Municipal Code and/or
other jurisdictional requirements.
(g)
Clump form trees and evergreen plantings shall
be avoided for street tree application. Exception may be made in areas
where visibility of adjacent property is undesirable (i.e., screening
of utility substations, dumpster enclosures) with review and approval
from the City.
(3)
Street Tree Planting Guidelines For Commercial
Corridors - Retrofit Scenario. The diagram shown in figure 15 illustrates
potential strategies for adding street trees and landscaping to improve
commercial corridors within the city. This diagram looks at a scenario
where existing conditions remain, and improvements are retrofitted.
This diagram assumes challenges with overhead utilities, typical to
Ellisville's commercial corridors, are present here. Please note this
diagram is shown for illustration purposes only to describe encouraged
strategies for improving tree planting within existing commercial
corridors and shall not constitute specific requirements or exempt
from other requirements stated herein.
(4)
Street Tree Planting Guidelines For Commercial
Corridors - Redevelopment Scenario. The diagram shown in Figure 16
illustrates potential strategies for adding street trees and landscaping
to improve commercial corridors within the City. This diagram looks
at a scenario where commercial properties are redeveloped amongst
existing adjacent businesses. This diagram assumes challenges with
overhead utilities, typical to Ellisville's commercial corridors,
are present here. Please note this diagram is shown for illustration
purposes only to describe encouraged strategies for improving tree
planting within existing commercial corridors and shall not constitute
specific requirements or exempt from other requirements stated herein.
(5)
Street Tree Planting Guidelines For Residential
Streets. Residential streets benefit greatly from the incorporation
of street trees. They will help to calm traffic, shade walkways, and
increase the aesthetic appeal of neighborhoods. Trees shall be planted
along residential streets as follows:
(a)
Typically, where space allows, street trees shall
be planted on tree lawns within the right-of-way.
(b)
If tree lawns are too narrow, tree plantings should
be placed within the right-of-way or street yard adjacent to the sidewalk.
Street trees shall be placed as close as allowed to the adjacent street
pavement while still meeting placement and clearance requirements
stated herein.
(c)
If no sidewalk is present along a side of a residential
street, the street trees along that side shall be planted a minimum
of four (4) feet for Group A and B trees, a minimum of six (6) feet
for Group C trees, and maximum of eight (8) feet away from the back
of curb or pavement edge if no curb is present for either tree group.
Street tree plantings may exceed the maximum eight (8) feet noted
above if utilities or other obstacles prevent such placement, with
City review and approval.
e.
Open Space Tree Plantings. In addition to trees required based
upon street frontage, open space trees shall be planted, or acceptable
existing trees shall be preserved, in site open spaces. The lot area
not covered with buildings or structures shall be used to calculate
open space tree planting requirements at the ratios noted below:
(1)
Single-family and two-family residential lots:
one (1) tree per every four thousand (4,000) square feet of open lot
area.
(2)
Commercial, institutional, and multi-family residential
lots: one (1) tree per every five thousand (5,000) square feet of
open lot area.
(3)
Industrial lots: one (1) tree per every six thousand
(6,000) square feet of open lot area.
(4)
Please note, trees used for parking lots/vehicular
use areas or for landscape buffers can be counted towards open space
tree requirements. Existing trees saved, meeting minimum size, acceptable
species, and health may be counted toward open space tree totals.
Large open sports/play fields or native plantings areas located on
properties may be excluded from the calculation with approval from
the City.
f.
Parking/Vehicular Use Area Tree Plantings. Refer to the landscape
requirements section of this Section for additional information regarding
parking/vehicular use area tree plantings.
g.
Landscape Buffer Tree Plantings. Refer to the landscape requirements
section of this Section for additional information regarding landscape
buffer tree plantings.
h.
Tree Species Selection And Biodiversity. Tree species should
be selected from the master species list's acceptable species, appended
to this Section. Other suitable species may be proposed for review
and approval by the City and/or its third-party consultant. To promote
biodiversity of the City's tree canopy, monoculture plantings should
be avoided. For a project area or landscape plan submittal, one (1)
species may be no greater than twenty percent (20%) of the tree total
unless otherwise approved by the City. Native tree species are preferred
for selection.
i.
Guidelines For Tree Plantings Adjacent To Overhead Utilities.
Tree plantings shall follow the spacing requirements as described
in Figure 9. No tree may be planted under or within ten (10) lateral
feet of any overhead utility wire, without City review and approval.
Please note, planting under an overhead utility may be subject to
additional agency review separate from the City and may be subject
to additional requirements/restrictions if an easement is present.
Diagrams shown illustrated in Figures 19 through 21 are provided to
graphically illustrate tree placement requirements around utilities.
3.
Landscape Requirements.
a.
General Landscape Requirements.
(1)
Any part of the lot area not used for buildings,
other structures, or for parking, loading or access ways shall be
landscaped with turf, ground cover, trees, shrubs, or native planting
areas.
(2)
All required landscape areas must be automatically
irrigated to properly establish and maintain the selected plant material
with a minimum of overspray and without significant potential for
causing erosion. Water-efficient irrigation components such as drip
irrigation are encouraged to be used. Automatic irrigation systems
are recommended although not required for single-family and two-family
properties.
(3)
Landscape beds should consist of large masses of
durable, low maintenance, preferably native plantings. It is encouraged
to limit the number of plant species in landscape beds to two (2)
or three (3) species to help reduce maintenance needs.
(4)
Utilizing trees and shrubs that produce profuse
amounts of fruit adjacent to paved or parking areas should be avoided,
as these will likely cause issues with birds and fruit litter.
(5)
It is encouraged to mix deciduous plants with evergreen
plants, spring with fall blooming plants, to help create year-round
interest.
b.
Landscape Buffers.
(1)
Landscape buffers are required to provide a better
transition between differing types of land uses. The landscape buffers
provided in this Section are categorized by level of intensity or
impact. For medium and high impact buffers, multiple options have
been provided to allow developers and designers a degree of flexibility
in the design of the landscape buffers. Plan samples have been provided
for each option to help illustrate intent. The matrix shown in Figure
22 describes the level of intensity required for landscape buffers
between varying common land uses within the City.
(2)
The landscape buffers shall be composed of a mixture
of plant materials, earthen berms, and privacy fencing as required
for each buffer type. Please note, while the requirements presented
for each buffer option provide some flexibility in the layout of the
composition of material, the buffer must be designed in a way that
creates a uniform opacity for the entire extent of the buffer. It
is encouraged that the designer layer plant materials to create a
balanced buffer and utilize understory and groundcover plantings in
addition to the plant material specified herein.
c.
Parking/Vehicular Use Area (VUA) Landscaping Requirements. The
intent of the requirements for parking/vehicular use areas is to break
up the expanse of pavements, to provide shade, and to reduce glare
from parked cars and loading docks. Minimum requirements for parking/vehicular
use area landscaping are as follows:
(1)
Parking/VUA Perimeter Landscaping. Perimeter landscaping
shall be provided to buffer between the vehicular use area and adjacent
right-of-way and/or properties, as follows:
(a)
A minimum of two hundred fifty (250) square feet
of space shall be dedicated to landscape within the perimeter of the
parking/vehicular use area.
(b)
For each parking stall, twenty-five (25) square
feet of space shall be dedicated to landscape within the perimeter
of the parking/vehicular use area.
(c)
Perimeter VUA landscape shall be composed of at
minimum fifty percent (50%) evergreen plant material.
(d)
Perimeter landscaping shall be placed such that
the plant material does not block required sight lines of vehicles.
(2)
Parking/VUA Interior Landscaping. Interior landscaping
shall be provided, as follows:
(a)
Interior parking bays that contain ten (10) or
more contiguous parking stalls shall be bordered on both sides by
a landscape island.
(b)
Landscape islands or peninsulas with tree plantings
shall be at least nine (9) feet wide measured face to face of curb
and have a minimum of one hundred fifty (150) square feet of pervious
area per each tree.
(c)
Landscape islands or peninsulas without tree plantings
shall be at least six (6) feet wide measured face to face of curb.
(d)
Landscape islands or peninsulas serving as an end
cap to a parking bay shall be at least nine (9) feet wide measured
face to face of curb and contain a tree planting.
(3)
Parking/VUA Tree Requirements. Tree plantings shall
be incorporated to provide shade on vehicular use areas, as follows:
(a)
No parking stall shall be more than fifty (50)
feet away from a canopy tree. This may include trees planted within
the perimeter or interior landscape of the parking/vehicular use area,
adjacent street trees, or adjacent buffer or open space trees.
(b)
Trees used for planting requirements in parking/vehicular
use areas shall be selected from Group B or Group C from the master
species list, or a City-approved alternate.
(c)
Where conflicts with overhead or underground utilities
exist, an exemption may be provided with review and approval by the
City.
d.
Landscape Typical Concepts - Commercial Corridors.
(1)
Figures 29 through 32 on the following pages show
four (4) typical concepts for the design of landscaping along the
right-of-way of Ellisville's Manchester Road and Clarkson Road commercial
corridors. These typical concepts were produced to complement the
proposed landscape designs of the Route 100 Great Streets Project.
The drawings provide different concepts for the layout of various
landscape plant types. The master landscape species list should be
used for the selection of the various plant types.
(2)
The typical concepts show landscaping at intersections
or business entries, but the design concepts can be used for mid-block
plantings as well. The following should also be considered when designing
and installing landscape along commercial corridors within the City:
(a)
Landscape plants located in the sight distance
triangle adjacent to intersection must be kept under three (3) feet
in height.
(b)
Larger shrubs (greater than three (3) feet) may
only be used where no sight conflicts at intersections, entries, paths
of travel, and or blocking of businesses will occur. Larger shrubs
may be used to screen utilities or other areas where sight conflicts
are not an issue.
(c)
Mix deciduous plants with evergreen plants, spring
with fall blooming plants to help create year-round interest.
(d)
Landscape beds will include automatic irrigation
systems.
(3)
Figures 33 through 38 on the following pages show
Concept Street Tree Master Plans that have been prepared to guide
street tree plantings along Manchester Road (Route 100) Corridor.
These plans should be utilized as a guide for new plantings along
Manchester Road in addition to the street tree planting guidelines
provide herein.
e.
Stormwater Best Management Practice (BMP) Landscape.
(1)
The incorporation of stormwater BMPs (i.e., bioswales,
rain gardens, detention basins, etc.) is encouraged within new developments
and to be retrofitted on existing property.
(2)
When stormwater BMPs are installed, they shall
be:
(a)
Vegetated primarily with forbs and grass and species
that have a native distribution in Missouri as determined by the United
States Department of Agriculture Natural Resources Conservation Service.
(b)
Contain a minimum of five (5) pollinator species
as noted in the Pollinator Species List shown in Figure 39. A minimum
of twenty-five percent (25%) of the total BMP planting area shall
consist of plant species noted for providing pollinator feeding sources
and/or habitat.
4.
Plant Lists Ad Species Selection.
a.
Master Tree Species List - Acceptable Species. The following
contains a series of tables shown in Figure 40 identifying acceptable
tree species. The master tree species list has divided species into
three (3) groups based upon the habit and expected average mature
size of the trees, compact trees (Group A), medium trees (Group B)
and large trees (Group C). The following criterion was used for the
selection of acceptable street tree species:
(1)
Appropriate mature size and growth habit.
(2)
Ornamental characteristics (flowering, fall color,
etc.).
(3)
Hardiness and resistance to disease/pests.
(4)
Adaptability to various soil types.
(5)
Tolerant of urban conditions (air pollution, salt
tolerance, tolerant of poor soil).
(6)
Drought tolerance.
(7)
Strong branching habit and growth structure.
b.
Master Tree Species List - Unacceptable Species. The following
contains a table shown in Figure 41 identifying unacceptable tree
species. Planting of a tree(s) listed in the unacceptable species
list is prohibited from on public right-of-way. The unacceptable tree
species are not recommended for use for the following reasons:
(1)
Prone to damage from disease, insect pests, and
nutrient deficiencies.
(2)
Produces excessive amounts of messy fruit, and
or produces excessive amounts of tree litter (fallen branches, large
leaves, shedded bark, etc.).
(3)
Weak branching habit and poor growth structure.
(4)
Surface roots, leading to issues with adjacent
pavements.
(5)
Species has been shown to be invasive.
(6)
Intolerant of urban planting conditions.
c.
Master Landscape Species List. The following pages contain a
series of tables identifying acceptable landscape planting species
encouraged although not required for use. The master landscape species
list has divided desirable species into groups based upon their growth
habits and plant type. The groups include deciduous shrubs, evergreen
shrubs, ornamental grasses, and herbaceous perennials.
(1)
The following criterion was used for the selection
of acceptable landscape species:
(a)
Appropriate mature size and growth habit (low profile
desired).
(b)
Ornamental characteristics (flowering, call color,
etc.).
(c)
Hardiness and resistance to disease/pests.
(d)
Adaptability to different soil types.
(e)
Tolerant of urban conditions (air pollution, salt
tolerance, tolerant of poor soil).
(f)
Drought tolerance.
(g)
Diversity of preferred environmental conditions
(wet, dry, sun, shade, etc.).
(h)
Low maintenance.
(i)
Non-invasive.
(2)
The tables shown in Figure 42 display plant species
acceptable for planting, but do not represent all species and plant
varieties suitable for planting. If other species are desired, ensure
that the plant selection follows the same criterion noted in this
Subsection. The City will evaluate the acceptability of other species.
5.
Installation And Maintenance Standards For Tree And Landscape
Plantings.
a.
Installation Standards. Proper installation procedures are critical
for the success of tree and landscape plantings. Use the following
minimum requirements for planting installation:
(1)
Plant Materials. Furnish nursery-grown plants complying
with ANSI Z60.1 American Standards for Nursery Stock; and with healthy
root systems developed by transplanting or root pruning. Plants should
be well-shaped, fully branched, healthy, vigorous stock, densely foliated
when in leaf and free of disease, pests, eggs, larvae, and defects
such as knots, sun scald, injuries, abrasions, and disfigurement.
(2)
Planting Size. Plants used for landscaping should
be of sizes, grades, and ball or container sizes complying with ANSI
Z60.1 American Standards for Nursery Stock. Below are the required
minimum sizes for various plant categories:
(a)
Ornamental tree plantings shall be at least two
(2) inches to two and five-tenths (2.5) inches caliper.
(b)
Canopy tree plantings shall be two and five-tenths
(2.5) inches caliper or greater.
(c)
Evergreen tree plantings shall be at least six
(6) feet height.
(d)
Deciduous and evergreen shrub plantings shall be
a five (5) gallon container, or larger.
(e)
Perennial and mass ornamental grass plantings will
be at least a one (1) gallon container.
(f)
Native plug plantings may be used as part of required
landscape, with approval from the City.
(3)
Planting Seasons. Recommended planting time for
perennials is early spring (early April). Trees and shrubs should
be planted in late fall (early November) or in early spring (late
March to April).
(4)
Planting Soil. It is encouraged to test planting
area soils by a qualified soils laboratory. Add fertilizer and compost
as recommended to achieve the correct rates of nitrogen, phosphorous,
and potassium and organic matter as determined by results of soil
tests. If soil testing is not performed the following should be used
as a minimum standard for planting soil:
(a)
Soil for backfilling planting areas and plant pits
shall be the existing topsoil, free from subsoil, objectionable weeds,
litter, sods, stiff clay, stones, stumps, roots, trash, toxic substances,
mortar, cement, limerock, asphalt, or any other material that may
be harmful to plant growth or hinder planting operations. Poorly drained
soil shall not be used.
(b)
Soil backfill will be amended with organic compost
to a mixture of four (4) parts backfill soil and one (1) part clean
organic compost.
(c)
Organic compost will be well-composted, stable,
and weed-free, ground organic matter, with a pH range of 5.5 to 8
and moisture content thirty-five percent (35%) to fifty-five percent
(55%) by weight [forty percent (40%) to fifty percent (50%) preferred].
(5)
Mulching. Mulch plantings as shown in planting
details (Figures 33 to 35).
(6)
Additional Notes.
b.
Maintenance Standards. All required tree and landscape plantings
must be maintained in a clean and healthy condition and all dead plants
must be removed within thirty (30) days and replaced within sixty
(60) days of removal, weather permitting, with plants of equivalent
size. Maintenance must include adequate watering, pruning, mowing,
and removal of litter on private property as well as area between
property line and back of curb or edge of pavement. Landscaping is
encouraged to be designed to have minimal maintenance. This can be
achieved through appropriate selection of planting material. Native
plantings should be considered for use where possible since these
are most adapted to the local conditions and will generally require
the least amount of maintenance. It is encouraged that property owners
utilize the maintenance guidelines provided in Appendix B[3] for guidance on appropriate tree and landscape maintenance.
[3]
Editor's Note: Appendix B is included as an attachment to
this Chapter.
I.
Variances.
1.
Any tree preservation plan, landscape plan, tree removal request
submitted to and disapproved by the City Manager because it does not
meet the requirements stated herein may be appealed and a variance
request may be made within thirty (30) days of the receipt of a notice
of denial.
2.
Appeals and requests for variance shall be sent to the City
Planner specifying the grounds for appeal. The City Planner shall
transmit the appeal and variance request to the City Council.
3.
The City Council will review the appeal and provide decision
on the variance request.
[1]
Editor's Note: Ord. No. 3376 also renumbered former Section
400.460 to Section 400.485.
[R.O. 2005 §30-70; CC 1997 §30-70; Ord. No. 1863 §3, 11-3-1993; Ord.
No. 1927 §§7—9, 8-17-1994; Ord. No. 2073 §2, 6-5-1996; Ord. No. 3086 §1, 9-19-2012]
A.
General Requirements.
1.
There shall be provided, at the time any building is erected or structurally
altered, off-street parking and loading space in accordance with the
requirements set forth in this Chapter. In the event an existing building
is to be altered or expanded, additional off-street parking and loading
spaces required of this Chapter shall not exceed those required for
the expansion alone.
2.
Parking requirements for uses not specifically listed shall be the
same as required for a similar use. When fractional spaces result,
the spaces required are the next whole number. Whenever an existing
building is changed as to use, the spaces provided shall comply with
these full parking requirements set forth herein.
3.
All parking stalls, loading spaces or internal drives, excepting
points of ingress and egress and shared parking, shall not be located
within the side or rear yard setbacks as required by the zoning district
in which said parking is to occur.
4.
Within the town center, as identified within the Great Streets Master
Plan, parking shall be located behind the front building line.
5.
For all commercial, institutional and multi-family uses along the
Manchester, Clarkson and Clayton corridors, cross access to abutting
properties fronting along an aforementioned corridor will be required.
In the case of unusual, unique and/or preexisting conditions the City
Council may grant a waiver or modify the requirement.
[Ord. No. 3402, 12-19-2018]
6.
For non-residential (commercial, industrial, institutional) uses,
each entrance and exit to a parking lot shall be completely surfaced
and shall be constructed and maintained so that any vehicle entering
or leaving the parking lot shall be clearly visible at a distance
of not less than ten (10) feet to a person approaching such entrance
or exit on any pedestrian walk or footpath. Exits from parking lots
shall be clearly posted with "STOP" signs. Appropriate bumper guards,
entrance and exit signs and directional signs shall be maintained
where needed. Entrances or exits shall not exceed more than twenty-five
(25) feet in width without City approval.
7.
For residential uses, each entrance and exit to a parking lot shall
be completely surfaced and shall be constructed and maintained so
that any vehicle entering or leaving the parking lot shall be clearly
visible at a distance of not less than ten (10) feet to a person approaching
such entrance or exit on any pedestrian walk or footpath. Exits from
parking lots shall be clearly posted with "STOP" signs. Appropriate
bumper guards, entrance and exit signs and directional signs shall
be maintained where needed. Single lane entrances or exits shall not
exceed fourteen (14) feet in width and a combined entrance and exit
shall not exceed twenty-five (25) feet in width without City approval.
8.
Ingress and egress shall be provided from a side street where available,
unless otherwise required by the City. Ingress and egress from a residential
or other lesser class of street, shall require that both sides of
the portion of the entire street which abuts the entire subject property
frontage is improved City street standards, to and including the point
of intersection or convergence with the major street, including right-of-way
dedication, pavement, curbs and gutters, sidewalks, landscaping, etc.,
as required by the Council.
9.
All parking setbacks on the plan shall be landscaped and/or screened.
Such landscaping or screening shall include, but not be limited to,
plant materials, berms or sight-proof fencing or a combination thereof.
10.
On-street parking on non-residential portion of side or back streets
will count towards minimum parking requirements.
11.
All of the minimum parking spaces required by this Article shall
be located on the same parcel of land as the use to be served, except
as approved pursuant to the issuance of a conditional use permit within
the "C-1" Open Space Commercial Zoning District or as may be approved
by the City under the shared parking provisions.
12.
Parking spaces used for display purposes (i.e., parking spaces utilized
at a new or used automobile sales agency for display of motor vehicles)
are excluded for purposes of parking space requirement calculations
and as such may not be counted toward satisfying the number of parking
spaces required by this Chapter to serve a particular facility or
portion thereof.
13.
Any required parking space may be occupied by/converted to an electric
vehicle charging station and remain deemed a parking pace for purposes
of. satisfying minimum parking requirements.
[Ord. No. 3476, 4-21-2021]
B.
Bicycle Parking Requirements. Upon construction or change
in ownership, all commercial, industrial, institutional and multi-family
residential uses shall provide commercial duty bicycle rack(s) in
accordance with the following, unless otherwise approved by the City:
Schools
|
10% of the number of students, plus 3% of the number of employees
| |
Commercial, Office, Institutional Uses
|
10% of the number of parking spaces
| |
Industrial Uses
|
4% of the number of parking spaces
| |
Multi-Family Residential Uses
|
1 space per 4 units
|
The "inverted U" type bike is the required bicycle parking rack
and shall be fabricated and installed in accordance with standards
on file with the City.
|
C.
Parking Area Surface Requirements And Dimensions.
1.
The use of pervious pavement is strongly encouraged. Whenever pervious
pavement is not possible, all parking areas in residential districts
shall be surfaced with a minimum of six (6) inches of crushed stone
or equivalent as a base and two (2) inches of roller compacted bituminous
surface treatment or other construction of a higher type and adequate
drainage as required by the City of Ellisville.
2.
The use of pervious pavement is strongly encouraged. Whenever pervious
pavement is not possible, all parking areas in commercial and industrial
zoning districts shall be surfaced with a minimum of eight (8) inches
of crushed stone or equivalent as a base and three (3) inches of roller
compacted bituminous surface treatment or other construction of a
higher type and adequate drainage as required by the City of Ellisville.
3.
Parking spaces shall have minimum dimensions pursuant to the following
table:
A
|
B
|
C
|
D
|
E
|
F
|
G
| |
---|---|---|---|---|---|---|---|
45°
|
9.0'
|
19.7'
|
12.5'
|
12.7'
|
51.9'
|
45.6'
| |
60°
|
9.0'
|
21.0'
|
17.5'
|
10.5'
|
59.5'
|
55.0'
| |
90°
|
9.0'
|
19.0'
|
22.0'*
|
9.0'
|
60.0'
|
N/A
| |
0°
|
8.0'
|
22.0'
|
N/A
|
N/A
|
N/A
|
N/A
|
A = Parking angle
|
E = Curb length per car
| |
B = Stall width
|
F = Curb to curb
| |
C = 19' minimum stall to curb
|
G = Center to center width of double row with aisle between
| |
D = Aisle width**
| ||
*Up to three (3) feet additional width will be required for
retail businesses.
| ||
**Additional width may be required where the aisle serves as
the principal means of access to on-site buildings or structures.
|
4.
In parking structures, one-half (½) of the area occupied by
supporting columns may be included in determining the width and area
of each adjacent parking space and the minimum height of such space
shall be seven (7) feet.
D.
Disabled Parking Requirements.
1.
The City Planner may require a specific number of handicapped parking
spaces to be sized and located to allow safe, accessible vehicle parking
for the physically handicapped.
2.
Disabled parking spaces shall be twelve (12) feet in width and twenty
(20) feet in depth and marked with the international symbol for disabled
parking spaces.
3.
A disabled parking space shall be situated preferentially within
the general parking area. Additionally, it shall be in a location
which affords maximum safety and minimum exposure or risk to the disabled
individual in traversing the path from his/her vehicle to the store
or other facility which is his/her public destination.
4.
The parking space shall be designated as reserved for the disabled
by a painted symbol on the paved area and shall be further designated
as such with signage at a point four (4) feet above the paved surface
so as to be clearly visible to the driver of any vehicle attempting
to park in the space provided.
E.
Minimum Parking, Shared Parking And Loading Requirements. Minimum parking and loading requirements for a development shall
be in accordance with the following table:
USE
|
MINIMUM AND MAXIMUM PARKING
|
MINIMUM LOADING
| |
---|---|---|---|
General retail
|
Minimum of 3.5 spaces per 1,000 square feet gross floor area
and a maximum of 4.2 spaces per 1,000 square feet gross floor area
|
See Table B
| |
Discount store
|
Minimum of 3.5 spaces per 1,000 square feet gross floor area
and a maximum of 4.2 spaces per 1,000 square feet gross floor area
|
See Table B
| |
Grocery store
|
Minimum of 3.5 spaces per 1,000 square feet gross floor area
and a maximum of 4.5 spaces per 1,000 square feet gross floor area
|
See Table A
| |
Home improvement store
|
Minimum of 3.0 spaces per 1,000 square feet gross floor area
and a maximum of 3.5 spaces per 1,000 square feet gross floor area
|
See Table B
| |
Sit-down restaurant
|
Minimum of 14.0 spaces per 1,000 square feet gross floor area
and a maximum of 20.0 spaces per 1,000 square feet gross floor area
|
None
| |
Fast-food restaurant
|
Minimum of 11.0 spaces per 1,000 square feet gross floor area
and a maximum of 16.0 spaces per 1,000 square feet gross floor area
|
None
| |
General office
|
Minimum of 3.0 spaces per 1,000 square feet gross floor area
and a maximum of 3.4 spaces per 1,000 square feet gross floor area
|
See Table B
| |
Medical office
|
Minimum of 3.5 spaces per 1,000 square feet gross floor area
and a maximum of 4.0 spaces per 1,000 square feet gross floor area
|
See Table B
| |
Bowling alley
|
Minimum of 4.0 spaces per bowling lane and a maximum of 5.0
spaces per bowling lane
|
None
| |
Gas station w/convenience market
|
Minimum of 3.5 spaces per 1,000 square feet gross floor area
and a maximum of 4.5 spaces per 1,000 square feet gross floor area
|
None
| |
Gas station
|
Minimum of 1.0 space per employee on max shift
|
None
| |
Movie theater
|
Minimum of 1.0 parking space per 4 seats (0.25 parking spaces
per seat)
| ||
Nursing home
|
Minimum of 0.40 parking spaces per bed (or 1.0 space per 2.5
beds)
|
See Table B
| |
Congregate care facility
|
Minimum of 0.40 parking spaces per bed (or 1.0 space per 2.5
beds)
|
See Table B
| |
Assisted living facility
|
Minimum of 0.50 parking spaces per bed (or 1.0 space per 2 beds)
|
See Table B
| |
Continuing care retirement facility (CCRC)
|
Minimum of 0.50 parking spaces per bed (or 1.0 space per 2 beds)
|
See Table B
| |
Multi-family residential
|
Minimum of 1.50 parking spaces per 1 or 2 bedrooms units and
2.0 parking spaces per 3 bedroom plus units
|
None
| |
Research laboratories and facilities
|
Minimum of 3.33 spaces per 1,000 square feet gross floor area
|
See Table B
| |
Veterinary clinics and hospitals
|
Minimum of 4.0 spaces per doctor plus 1.0 space per additional
employee
|
None
| |
Community centers and private, not-for-profit recreation centers
including gymnasiums and indoor swimming pools
|
Minimum of 3.33 spaces per 1,000 square feet gross floor area
|
None
| |
Gymnasium without fixed seating or spectator facilities (except
as noted herein)
|
Minimum of 1.0 space per 50 square feet gross floor area
|
None
| |
Handball, racquetball courts
|
Minimum of 3.0 spaces per court
|
None
| |
Swimming pools
|
Minimum of 2.0 spaces per 100 square feet of water area
|
None
| |
Tennis courts
|
Minimum of 4.0 spaces per court
|
None
| |
Manufacturing and fabrication
|
Minimum of 2.0 spaces per 3 employees on the maximum shift plus
1.0 space per vehicle customarily used in operation of the use or
stored on the premises
|
See Table A
| |
Warehousing, wholesaling
|
Minimum of 2.0 spaces per 3 employees on the maximum shift plus
1.0 space per vehicle customarily used in operation of the use or
stored on the premises
|
See Table A
| |
Fire stations
|
Minimum of 1.0 space per employee on the maximum shift
|
None
| |
Hospitals
|
Minimum of 1.0 space per 2 beds plus 1.0 space per staff doctor
and employee on the maximum shift
|
See Table B
| |
Police stations
|
Minimum of 2.0 spaces per 3 employees on the maximum shift plus
1.0 space per vehicle customarily used in operations of the use or
stored on the premises
|
None
| |
Postal stations
|
Minimum of 2.0 spaces per 3 employees on the maximum shift plus
1.0 space per vehicle customarily used in operations of the use or
stored on the premises
|
See Table A
| |
Child care centers, day nurseries
|
Minimum of 2.0 spaces plus 1.0 space per employee on the maximum
shift; a paved unobstructed pickup space with adequate stacking area
(as determined by the City Planner) shall be provided in addition
to standard driveway and parking requirements
|
None
| |
Radio, T.V. and other communications facilities
|
Minimum of 2.0 spaces per 3 employees on the maximum shift plus
1.0 space per vehicle customarily used in operation of the use or
stored on the premises
|
None
| |
Hotel, motels
|
Minimum of 1.0 space per sleeping unit, 2.0 spaces per 3 employees
on the maximum shift plus 1.0 space per vehicle customarily used in
operation of the use or stored on the premises
|
None
| |
Ice and roller rinks, indoor soccer facilities
|
Minimum of 1.0 space per 100 square feet of skating area or
playing surface
|
None
|
F.
Shared Parking Requirements. The following standards shall
apply to shared parking facilities and be subject to City approval:
1.
Shared use of parking facilities.
a.
Parking areas share a property line or the properties are within
one thousand (1,000) feet of each other; and
b.
A convenient, visible pedestrian connection exists between the lots;
and
c.
A vehicular connection exists between the lots; and
d.
The availability of parking for all affected properties is indicated
by directional signs in compliance with the Sign Code.
2.
Number of parking spaces required.
a.
Where the uses to be served by shared parking do not have overlapping
hours of operation, the property owner or owners shall provide parking
stalls equal to the greater of the applicable individual parking requirements.
b.
Where uses to be served by shared parking have overlapping hours
of operation, the property owner or owners shall provide parking stalls
equal to the total of the individual parking requirements, and then
a reduction of up to thirty percent (30%) may be applied. The City
may require a parking study to substantiate a reduction.
G.
Loading Space Requirements. Loading space requirements may
be diminished or waived by the Council or City Planner.
TABLE A
| ||
---|---|---|
Gross Floor Area (Square Feet)
|
Minimum Number of Loading Spaces
(10 feet by 40 feet)
| |
5,000—24,000
|
1
| |
24,001—60,000
|
2
| |
60,001—96,000
|
3
| |
96,001—144,000
|
4
| |
144,001—192,000
|
5
| |
192,001—240,000
|
6
| |
240,001—294,000
|
7
| |
294,001—348,000
|
8
| |
For each additional 54,000
|
1 additional loading space
|
TABLE B
| ||||
---|---|---|---|---|
Gross Floor Area
(Square Feet)
|
Minimum Number of Loading Spaces
| |||
(10 feet by 25)
|
(10 feet by 40)
| |||
2,000—10,000
|
1
|
+
|
0
| |
10,001—25,000
|
2
|
+
|
0
| |
25,001—100,000
|
2
|
+
|
1
|
H.
Parking Variances.
1.
The number of required parking spaces may be downwardly or upwardly
adjusted as approved by the Council, provided that the petitioner
presents a site specific traffic and use study to substantiate the
proposed reduction or increase in the number of parking spaces.
2.
The Council may also approve the deferred installation of parking
spaces, provided that the subject area(s) remain as grass and/or landscaped
areas and are converted to normal hard surface parking space utilization
if or when vehicular volume warrants such conversion.
I.
Pedestrian Connectivity Requirements.
1.
General. Providing pedestrian access from buildings
to abutting rights-of-way, walkways and other uses on the subject
property, and connections between properties help meet the objectives
of non-motorized transportation policies. Installing pedestrian connections
and other pedestrian improvements with new development reduces the
reliance on vehicles, reduces traffic congestion and promotes non-motorized
travel options and provides health benefits.
2.
Pedestrian access—location. All new development,
except detached single-family and duplex uses, shall comply with the
following pedestrian access requirements.
a.
From buildings to sidewalks and transit facilities. Provide pedestrian walkways designed to minimize walking distance from the primary entrances to all buildings to the abutting right-of-way, pedestrian walkway and transit facilities pursuant to the applicable standard in Subsection (I)(3) of this Section.
b.
Between uses on subject property. Provide pedestrian walkways between the primary entrances to all businesses, uses, and/or buildings on the subject property pursuant to the applicable standard in Subsection (I)(3) of this Section.
c.
Along building facades. A pedestrian walkway shall
be provided along the entire facade of all building facades containing
a point of ingress or egress to the building.
d.
Between properties. Provide pedestrian walkways connecting to adjacent properties pursuant to the applicable standards in Subsection (I)(3) of this Section. The location for the access points at property edges and to adjacent lots shall be coordinated with existing and planned development to provide convenient pedestrian links between developments. Where there are topographic changes in elevation between properties, stairs or ramps shall be provided to make the pedestrian connection.
3.
Pedestrian access—required improvements.
a.
Pedestrian walkway standards—general. The
applicant shall install pedestrian walkways pursuant to the following
standards:
(1)
Must be at least six (6) feet wide;
(2)
Must be distinguishable from traffic lanes by painted markings,
pavement material, texture, or raised in elevation, as required by
the City;
(3)
Will not be included with other impervious surfaces for lot
coverage calculations;
(4)
Must be centrally located on the subject property;
(5)
Must be accessible;
(6)
Barriers which limit future pedestrian access between the subject
property and adjacent properties are not permitted;
(7)
Easements to provide rights of access between adjacent properties
shall be recorded prior to occupancy.
b.
Overhead weather protection—location. The
applicant shall provide pedestrian overhead weather protection in
the following locations:
c.
Overhead weather protection—configuration. The overhead weather protection may be composed of awnings, marquees,
canopies, building overhangs, covered porches, recessed entries or
other similar features. The overhead weather protection must cover
at least six (6) feet of the width of the adjacent walkway and must
be at least eight (8) feet above the ground immediately below it.
The Architectural Review Board will review and approve the color,
material and configuration of all overhead weather protection and
the material and configuration of all pedestrian walkways.
d.
Pedestrian walkways through parking areas and parking garage
standards. The applicant shall install pedestrian walkways
through parking areas and parking garages pursuant to the following
standards.
(2)
Walkway shall not use vehicle entrance or exit driveways from
the parking area to a public right-of-way;
(3)
Must connect from the parking spaces to the pedestrian entrance
of the building served by the parking;
(4)
All parking lots that contain more than twenty-five thousand (25,000) square feet of paved area, including access lanes and driveways, must include clearly identified pedestrian routes from the parking stalls to the main building entrance or central location (see Figure). At a minimum, walkways must be provided for every three (3) driving aisles or at a distance of not more than one hundred fifty (150) foot intervals, whichever is less, and meet the standards of Subsection (I)(3)(a) of this Section.
[R.O. 2005 §30-71; CC 1997 §30-71; Ord. No. 3376, 5-16-2018[1]]
A.
The developments shall be governed in all respects by storm and waste water provisions as set forth by current Metropolitan Sewer District (MSD), Missouri State Highway Department (MSHD) and Environmental Protection Agency (EPA) regulations and Chapter 405 of the Municipal Code of the City of Ellisville.
B.
Where
an approved sanitary sewer system is not within a reasonably accessible
location to the development, alternate provisions shall be made and
submitted to provide adequate sanitary treatment in accordance with
State of Missouri regulations and St. Louis County and Ellisville
Departments of Public Works.
[1]
Editor's Note: Ord. No. 3376 also renumbered former Section
400.340 to Section 400.491.
[R.O. 2005 §30-72; CC 1997 §30-72; Ord. No. 3351
§ 1, 10-18-2017; Ord. No. 3376, 5-16-2018;[1] Ord. No. 3536, 11-16-2022]
A.
Purpose.
The City of Ellisville recognizes that some public areas need to be
illuminated at night and that residents and businesses have the right
to illuminate their properties for safety and commerce. Conversely,
the City also recognizes that artificial light at night impacts conservation
and health. All property owners, residents and businesses, have a
right to experience the night. These regulations are intended to:
1.
Protect the public health, safety, and general welfare;
2.
Enable the fair and consistent enforcement of these regulations;
3.
Control light spillover and glare to reduce the degradation of the
sky from light pollution;
4.
Encourage lighting systems which conserve energy and costs;
5.
Preserve community character; and
6.
Provide for nighttime safety, utility, security, and productivity.
B.
Applicability.
1.
Except as expressly provided herein, the requirements of this
Section shall not apply to the following:
C.
COLOR TEMPERATURE ("CCT")
FIXTURE
FOOTCANDLE
FULLY-SHIELDED
GLARE
INSTALLED
LAMP/LIGHT SOURCE
LUMEN
LUMINAIRE
OUTDOOR LIGHT FIXTURE
SHIELDING
Definitions. Listed below are certain words and phrases cited in this Section and Section 400.493 with their intended meanings.
The color appearance of a white LED. CCT is defined in degrees
Kelvin; a warm light is around two thousand seven hundred (2,700)
K, moving to neutral white at around four thousand (4,000) K, and
to cool white at five thousand (5,000) K or more.
The assembly that houses the lamp or lamps and can include
all or some of the following parts: a housing, a mounting bracket
or pole assembly, a lamp holder, a ballast, a reflector or mirror
and/or a refractor or lens.
A measure of light falling on a surface. One (1) footcandle
is equal to the amount of light generated by one (1) candle shining
on a one-square-foot surface located one (1) foot away.
An outdoor fixture constructed in such a manner that it emits
no light above the horizontal plane of the fixture.
The effect produced by a light source within the visual field
that is sufficiently brighter than the level to which the eyes are
adapted, to cause annoyance, discomfort, or loss of visual performance
and ability.
The attachment or assembly fixed in place, whether or not
connected to a power source, of any outdoor light fixture.
The component of luminaire that produces the actual light,
commonly known as the "bulb" or "light bulb."
A unit measuring the amount of light emitted from a light
source. One (1) footcandle is one (1) lumen per square foot.
A complete lighting system and includes a lamp or lamps and
a fixture.
Outdoor electrically powered illuminating devices, outdoor
lighting or reflective surface lamps and similar devices, permanently
installed or portable, used for illumination of the following:
A light fixture controlled in such a manner that a direct
view of the lamp/light source from an adjacent property is prevented.
D.
General Requirements.
1.
Outdoor lighting shall be required for safety and personal security
in areas of pedestrian assembly and sidewalks, and vehicular parking
and drive aisles and in association with all uses where activity occurs
outdoors during hours of darkness.
a.
For all applicable uses and structures, such lighting shall
be so arranged and/or fully shielded as to eliminate the intrusion
of light or glare onto adjoining residential property and streets.
b.
For commercial or industrial uses, such lighting shall provide
a minimum of one-half (0.5) footcandle of lighting and a maximum average
of three (3) footcandles of lighting at all places of pedestrian assembly
and sidewalks, and vehicular parking and drive aisles.
c.
For multifamily residential and institutional uses, such lighting
shall provide a minimum of one-fifth (0.2) footcandle of lighting
and a maximum average of one and one-half (1.5) footcandles of lighting
at all places of pedestrian assembly and sidewalks, and vehicular
parking and drive aisles.
d.
Exception: Outdoor lighting shall not be required for events enhanced
by darkness or dark skies.
2.
All outdoor light fixtures/lamps/bulbs installed or hereafter
replaced shall comply with the following:
a.
Light fixtures must be fully shielded.
b.
Light fixtures must be aimed directly downward [e.g., ninety
degrees (90°) perpendicular] to the ground.
(1)
Exception: Decorative uplighting is allowed to be aimed at a
vertical surface so long as it shielded in such a way that the light
does not leak above the height of the surface or the overhang of the
soffit.
c.
Lamps may not exceed a CCT of two thousand seven hundred (2,700)
K.
d.
Lamps must be completely recessed so that the lamp is not visible.
e.
No light shall be emitted above ninety degrees (90°) from
the lamp.
f.
Illumination at the ground level of the property line of subject
property shall be zero (0) footcandles.
g.
Every reasonable effort shall be made (through placement and
lighting control devices) to minimize the visibility of any lamp that
is required to be fully shielded.
h.
Fixtures (building and parking) lighting the exterior area of
non-residential property shall be turned off within one (1) hour after
closing of business. Only security lighting may be used following
one (1) hour after closing of business. Security lighting must be
reduced to twenty-five percent (25%) or less of the normal lumen output.
Motion sensor activation may be allowed to cause the light to resume
normal lumen output only when activated and to be reduced back to
twenty-five percent (25%) or less of normal lumen output within five
(5) minutes after activation has ceased, and the light shall not be
triggered by activity off the property.
i.
Light standards are limited to twenty (20) feet, measured from
the ground to the highest point of the standard.
3.
Total outdoor light output, including proposed and existing street
lights, pedestrian lights, building lights, landscape lights, and
any other lighting and signage lighting, shall not exceed five footcandles
(5 fc). The applicant must submit sufficient information to enable
the Director of Planning to determine compliance.
E.
Conformance With Applicable Codes.
1.
All outdoor electrically powered illuminating devices shall
be installed in conformance with all other applicable provisions of
this Code and under appropriate permit and inspection.
2.
Whenever the regulations of this Section are applicable, the
applicant must submit sufficient information to enable the Director
of Planning to determine whether the proposed and/or existing lighting
scheme will comply with this Code. Such information may include, but
is not limited to, the following:
a.
A layout of proposed luminaire and outdoor fixture locations;
b.
Aiming angles for the fixtures and shielding/shielding mechanisms;
c.
A description of proposed luminaires and outdoor lighting fixtures
and associated equipment (catalog cuts);
d.
A description of glare control devices, shielding/shielding
mechanisms;
e.
A description of proposed lamps;
f.
Overall and mounting heights and means of assembly/mounting;
g.
Location and use of adjacent properties;
h.
An illumination (footcandle) grid demonstrating adequate intensities
and uniformity;
j.
Additional submissions may be required showing greater detail
of areas that may require further clarification.
3.
Where there is a conflict between the provisions of this Code
and other regulations of the zoning ordinance, the most restrictive
requirement shall govern.
F.
Tracking, Monitoring, And Enforcement.
1.
All lighting installations must comply with this Code and comply
with the approved plans.
2.
For all commercial, institutional and multi-family residential uses,
as-built plans and inspections verifying compliance with the Code
and approved plans will be required.
3.
For all single-family and two-family residential uses, Code compliance and/or permit compliance will be addressed on a complaint basis, provided that the City's Code Enforcement Officers/Law Enforcement Officers retain authority to issue a notice of violation for any provision of this Section or Section 400.493. Each notice of violation issued for violation of any provision of this Section or Section 400.493 shall state that the person receiving the notice may, within fifteen (15) days of receiving such notice, appeal the determination that his/her property is in violation of this Section or Section 400.493 to the City Manager. If no request for an appeal has been received by the City after fifteen (15) days of the notice being issued, and the violation has not been abated, the matter may be referred to the City's Prosecutor for prosecution in the City's Municipal Division, or any other enforcement action.
a.
Upon receipt of an appeal, the City Manager or designee shall make
a final determination regarding compliance of any outdoor light fixture/lamps/bulbs
within fifteen (15) days of receiving such complaint. Any final determination
of the City Manager or designee shall be subject to review as provided
herein.
b.
Any person aggrieved by a final determination of the City Manager
or designee may appeal, in writing, to the City Council within five
(5) business days of the final determination. The appeal shall assert
specific grounds for review and the City Council shall render a decision
on the appeal within fifteen (15) business days of receipt affirming,
reversing or modifying the determination of the City Manager or his/her
designee. The City Council may extend this time period for the purpose
of any investigation or hearing deemed necessary by the Council. A
decision affirming the City Manager's or designee's determination
shall be in writing and supported by findings establishing the reasonableness
of the decision.
c.
Any person aggrieved by the final determination of the City Council
may file a petition for review pursuant to Chapter 536, RSMo., as
amended, in the Circuit Court of the County of St. Louis. Such petition
shall be filed within thirty (30) days after the City Council's decision.
d.
Mediation.
(1)
Request For Mediation. A resident who is concerned that a single-family or two-family residential property is in violation of this Section or Section 400.493 may request, in lieu of formal measurements of lighting, that the complainant, the owner or occupant of the property alleged to be in violation of this Section or Section 400.493, and a Code Enforcement Officer meet at the property to determine if lighting can be modified or redirected to address the alleged violation. Mediation shall be voluntary and no inference shall be drawn from a refusal or failure to respond to a request for mediation. Mediation shall not be available for non-residential property.
(2)
Upon receipt of a request for mediation, the City shall mail
a notice to the owner and/or occupant of the property which is the
subject of the complaint to provide notice that a complaint has been
received and of the request for voluntary mediation. The notice shall
direct the owner/occupant to contact the City within fifteen (15)
days of receipt of such if they are interested in mediation. If no
response is received by the City within that time period, the City
may pursue other enforcement options.
(3)
The Code Enforcement Officer shall contact the complainant and
the owner/occupant of the property at issue, and shall arrange a mutually
agreeable time to meet. At such mediation, the Code Enforcement Officer
shall review the lighting arrangements, and make suggestions to redirect,
reposition, or modify lighting to address the concerns raised. If
the mediation resolves the complainant's concerns, the City may take
no further action. If the mediation fails to address the complainants
concerns, the City may take readings or measurements of the lighting,
and may pursue other enforcement options.
G.
Grandfathered Existing Fixtures. All outdoor light fixtures/lamps/bulbs
lawfully installed prior to and operable on the effective date of
this Section are exempt from all requirements of this Section, unless
existing outdoor lighting fixtures are replaced, removed or reinstalled
in connection with any use or structure to which this Section is applicable.
H.
Waiver. The Council may waive any of the requirements of this Section.
I.
Nothing
herein shall limit or waive the City's ability to pursue an action
at law or in equity to seek abatement of violations of this Section.
[1]
Editor's Note: Ord. No. 3376 also renumbered former Section
400.350 to Section 400.492.
A.
Sidewalk Luminaires.
1.
Every property along Manchester Road and along Clarkson Road
shall be required to install sidewalk luminaires, in association with:
a.
New construction;
b.
Use and/or reuse of property which has been vacant for one (1)
year or more;
c.
Any addition to existing structure(s);
d.
Exterior facade renovations; and
e.
Exterior site changes.
Exception: A change in use and/or reuse of property within less
than one (1) year of vacancy will not trigger the requirement to install
sidewalk luminaires.
2.
Sidewalk luminaires shall comply with the City's Sidewalk Luminaire
Guidelines available at City Hall. Lamps may not exceed a CCT of two
thousand seven hundred (2,700) K.
B.
Residential Streetlights. Upon infill or redevelopment of any property
for residential use(s), if no streetlights exist within the general
proximity [two hundred (200) feet] of the infill lot's boundaries,
a new decorative streetlight(s) will be required. The decorative streetlight(s)
shall comply with the City's Residential Street Light Guidelines available
at City Hall. Lamps may not exceed a CCT of two thousand seven hundred
(2,700) K.
C.
Total
outdoor light output, including proposed and existing street lights,
pedestrian lights, building lights, landscape lights, and any other
lighting and signage lighting shall not exceed five footcandles (5
fc). The applicant must submit sufficient information to enable the
Director of Planning to determine compliance.
D.
Waiver. The Council may waive any of the requirements of this Section.
[1]
Editor's Note: Ord. No. 3376 also renumbered former Section
400.351 to Section 400.493.
[R.O. 2005 §30-74; CC 1997 §30-74; Ord. No. 2145 §1, 2-5-1997; Ord. No. 3249 §1, 12-16-2015; Ord. No. 3376, 5-16-2018[1]]
A.
All new construction, expansion or enlarging in any commercial or
industrial zoning district or of any commercial, industrial, institutional
or multi-family residential use shall include construction of a concrete
sidewalk of at least five (5) feet in width and five (5) inches in
thickness the entire length of the lot or development along the streets
upon which the property or use abuts, with exception of driveways
which shall have a minimum of six (6) inches of concrete thickness.
1.
Additionally, all new construction, expansion or enlarging along Manchester Road (Route 100), Clarkson Road (Route 340), Old State Road, Strecker Road, Kiefer Creek Road, Clayton Road and Ridge Road shall require a minimum sidewalk width of five (5) feet or matching the existing adjoining sidewalk width or planned sidewalk width, whichever is the greater. This Section shall supersede Section 405.560, Sidewalks, where applicable.
B.
All new construction, expansion, or enlarging of any development
along Manchester Road (Route 100) shall require the removal of the
existing inaccessible asphalt paved shoulder, where present, and replacement
with suitable soil and vegetation.
C.
Sidewalks shall be maintained in a safe condition for pedestrian
traffic at all times.
1.
The City of Ellisville shall be responsible for maintenance
of all sidewalks located upon or on City right-of-way adjacent to
single-family and two-family residential uses.
2.
The City of Ellisville shall also be responsible for maintenance
of all sidewalks located upon City right-of-way adjacent to multi-family
residential, nursing home and retirement complex uses.
3.
Maintenance of all other sidewalks shall be the responsibility
of the property owner(s) of the property upon which the sidewalk is
located, unless the sidewalk is located within a right-of-way, in
which case the property owner(s) of the property abutting the right-of-way
shall be responsible for maintaining all portions of the sidewalk
located within the area between the property owner(s)' property line
and the abutting curb line.
D.
Sidewalks shall be installed and maintained as set forth herein,
unless, upon petition to the City Council, the Council deems it unreasonable
or unsafe to install and/or maintain said sidewalk. In such a case,
the Council may direct that a sum equal or commensurate to the cost
of installing and/or maintaining a sidewalk at the subject location
be paid to the City which shall be placed into a segregated fund of
the City to be used for the purposes of sidewalks.
[1]
Editor's Note: Ord. No. 3376 also renumbered former Section
400.370 to Section 400.494.
[R.O. 2005 §30-77; CC 1997 §30-77; Ord. No. 3376, 5-16-2018[1]]
A.
The owner (or operator as applicable) shall maintain site improvements set forth in Sections 400.340—400.390 and this Article in a safe condition functioning in the manner in which the improvement was intended.
B.
If
the owner (or operator as applicable) fails to maintain serviceability
of subject improvements, the City may cause defects to be remedied
and all direct and third-party costs associated with said remedy shall
be considered a lien on the subject property until such costs are
paid to the City.
[1]
Editor's Note: Ord. No. 3376 also renumbered former Section
400.400 to Section 400.495.
A.
In
General — Purpose. To provide traffic and land use standards
that will increase safety, access and the flow of traffic. These standards
may be used to judge the feasibility for approval of certain types
of development at a specific location and its potential impact to
traffic.
B.
Applicability
Of Provisions In This Section. The provisions contained in this Section
are applicable to new construction of commercial, industrial, institutional
and multi-family residential uses and expansion and/or enlargement
of existing high trip generator uses.
C.
Traffic
And Land Use Standards For All New Construction Of Commercial, Industrial,
Institutional And Multi-Family Residential Uses. Applicable uses shall
comply with the following standards. When these standards cannot be
complied with, an analysis by City's Third Party Traffic Consultant
may be required:
1.
Full access driveways located on the same side of the street must
be separated by a minimum of one hundred sixty (160) feet, measured
from centerline-to-centerline of the driveways.
2.
Full access driveways must be a minimum of one hundred sixty (160)
feet from the nearest public street, measured from centerline-to-centerline.
3.
Full access driveways located on opposite sides of the street must
line up directly in front of each other.
4.
If full access driveways located on opposite sides of the street
cannot line up, then they must be separated by a minimum of two hundred
(200) feet, measured from centerline-to-centerline of the driveways,
if the left-turn movements into those driveways could potentially
conflict with each other.
5.
All proposed drives must conform with the sight distance requirements
set forth by the Missouri Department of Transportation (MoDOT) or
Saint Louis County Department of Transportation (STLCDOT), as applicable
to the impacted route. Sight distance requirements for local roads
not governed by MoDOT or STLCDOT (i.e., local roads) should default
to the STLCDOT sight distance requirements.
6.
Throat widths for driveways must be a minimum of twenty-four (24)
feet and a maximum of forty (40) feet for two-way operation and a
minimum of fifteen (15) feet and a maximum of twenty (20) feet for
one-way operation. If centered channelizing islands are used in a
two-way driveway, clearance widths of one percent (1%) to two (2)
feet should be added on both sides of the center island. The radius
used to increase the driveway opening at the curb or pavement edge
is not less than ten (10) feet nor more than forty (40) feet and should
not extend beyond the property line.
D.
Traffic
And Land Use Standards For High Trip Generator Uses. In addition to
the restrictions listed above for all new construction of commercial,
industrial, institutional and multi-family residential uses, a traffic
analysis shall be required for all high trip generator uses.
1.
Definitions.
a.
High Trip Generator Use: Any use(s) which generates one hundred (100)
or more trips, entering or exiting the site, during any one (1) peak
hour, as estimated by the most current version of the Institute of
Transportation Engineers Trip Generation Informational Report.
c.
The Institute Of Transportation Engineers Trip Generation Informational
Report. A manual which provides trip generation rates for numerous
land use and building types for both a daily basis as well as relevant
peak hours.
2.
Traffic Analyses Required. The requirement to perform a traffic impact
study is based on number of trips generated by the site, type and
size of the development, and other development or area characteristics
unique to the proposal. Generally, a traffic impact analysis is required
when a development generates one hundred (100) trips to the adjacent
street network during the peak-hour of the adjacent street traffic.
Transportation aspects of site planning, include, but are not limited
to, analyses of the impacts of the development, the adequacy of the
access drives, and the suitability of the on-site circulation and
parking are often cited in consideration of a use. A traffic impact
study is typically used as a means of evaluating the various transportation
aspects via consideration of not only the estimated site generated
traffic but its impacts upon the adjacent road system, the proposed
access location(s) and design, interconnection and cross-access with
adjacent properties, on-site circulation and parking. A thorough traffic
analysis should determine the necessity for both on-site and off-site
mitigation.
3.
Analyses Content May Vary. The content of a traffic impact study
can vary depending upon the complexity of the proposed development.
The level of analyses (letter of opinion, traffic assessment, or full
traffic impact study, etc.) shall be determined by the City Planner
and the City's Third Party Traffic Consultant. Specifically, not all
proposed high trip generator use developments would require a detailed
traffic impact study. At times, depending on the type and size of
the proposed development, a cursory review and/or letter of opinion
is all that is necessary. Other times, a comprehensive analysis and
report that includes the detailed study of the development, the area-wide
transportation system and other approved or planned developments in
the vicinity of the proposed development is required.
E.
Additional
Triggers For Traffic Analyses. A traffic impact analysis, the level
of which is to be determined by the City, may also be required if:
1.
The proposed use would be located in an area exhibiting roadway congestion
and within a designated high-hazard area, as identified in Exhibit
1, below, and/or a high rate of population or employment growth is
anticipated.
2.
The proposed use requires rezoning to a higher intensity (i.e., residential
to commercial, etc.).
3.
A new traffic signal and/or a roundabout is proposed in conjunction
with the proposed development.
F.
The
City Council may waive or reduce any of the standards set forth above
upon petition. The City Council may, prior to deciding on the request
for said waiver or reduction, require additional information, an opinion
or traffic analyses. The analyses may include the impact on existing
traffic of the waiver of said requirement along with the traffic consultant's
recommendations for the mitigation of said impact through the installation
of traffic control devices such as turning lanes, shared access drives,
traffic signals, and signage.