[Ord. No. 206 §1, 2-26-1996; Ord. No. 221 §4, 4-8-1996; Ord. No. 1629 §1, 6-8-2009]
For purposes of this Chapter, the following definitions apply:
- CALIPER (DBH)
- A measurement of the size of a tree equal to the diameter of its trunk measurement at four and one-half (4½) feet above natural grade. (Diameter at Breast Height = DBH) If a tree splits into two (2) or more trunks below four and one-half (4½) 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.
- CRITICAL ROOT ZONE (CRZ)
- An area drawn for each tree surveyed which represents the average root system. The average root system follows the crown drip line extending from the outer surface of a tree's branch tips to the ground. CRZs vary depending upon tree species, tree size, soils and moisture level, but shall always be deemed to incorporate a minimum distance of ten (10) feet beyond its defined boundary.
- Includes the intentional or unintentional removal, destruction or killing of any tree.
- GRAND TREE
- A tree in fair or better condition which equals or exceeds the following diameter sizes: Large hardwoods (i.e. oaks, hickories, etc.) - twenty-four (24) inch DBH; Large softwoods (i.e. pines, spruces, etc.) - twenty (20) inch DBH; Small trees (i.e. dogwood, redbud, etc.) - twelve (12) inch DBH. A tree in fair or better condition is defined as having a life expectancy of greater than fifteen (15) years, a relatively sound and solid trunk with no extensive decay, no more than one (1) major and several minor dead limbs (hardwoods only), and no major insect or disease problems.
- Any grouping of eight (8) or more trees each having eighteen (18) inches or greater caliper with no tree trunk farther than thirty (30) feet from any other tree trunk in the group.
- SPECIMEN VEGETATION
- A unique grouping of rare or unusual plants justifying preservation pursuant to any established Federal, State or local guideline including those established in the Wildwood Tree Manual.
- TIMBER SALE
- A cutting, removal or other disturbance of trees affecting seven thousand five hundred (7,500) square feet or more of tree canopy coverage area for the purpose of selling or harvesting such trees or maintaining the health of a wooded area.
- A woody plant that grows mostly upright as a single or multi-stem that may eventually attain a height of fifteen (15) feet or more.
- TREE CANOPY COVERAGE
- The area in square feet of a tree's spread. Existing tree canopy is determined by measuring the ground's surface area that is covered by the branch spread of a single tree or clump or grove of trees. Ultimate tree canopy to be used where replanting is required, is determined by assigning the following values for planted trees: One thousand (1,000) square feet for a large shade tree or major street tree; seven hundred (700) square feet for each medium street tree and most conifers and three hundred (300) square feet for small flowering trees. The Wildwood Tree Manual contains a list of approved restoration tree species and their categories.
- TREE PRESERVATION PLAN
- A tree preservation plan (TPP) is a site plan prepared by an approved professional that delineates tree save areas and details measures to be taken to ensure protection and survivability of trees to be saved, prior to and during construction, and also complies with guidelines which are listed in the Wildwood Tree Manual. A tree preservation plan should include a tree stand delineation.
- TREE STAND DELINEATION
- A detailed description and location of trees and other woody vegetation on the site prior to any proposed land disturbance, prepared in map form, as specified in the Wildwood Tree Manual. The tree stand delineation (TSD) map is to be prepared using the proposed development plan as a base map so that decisions can be made with respect to preserving existing vegetation.
- WILDWOOD SUSTAINABLE PLANTINGS GUIDE
- A document, adopted by this Chapter of the City Code and on file in the City offices, having detailed instructions for preparation, placement, selection, maintenance and other facets for the use of low-water, native plantings for ground water conservation purposes. The Director of Planning may make amendments to the specifications, standards and procedures in the Wildwood Sustainable Plantings Guide for application of the Tree Preservation Code, and such amendments shall become effective upon order, resolution or other approval of the City Council.
- WILDWOOD TREE MANUAL
- A document, adopted by this Chapter of the City Council and on file in the City offices, having detailed instructions for preparing and evaluating tree preservation plans, grading, planting and protection of all types of vegetation. The Director of Planning may make amendments to the specifications, standards and procedures in the Wildwood Tree Manual for application of the Tree Preservation Code, and such amendments shall become effective upon order, resolution or other approval of the Council.
[Ord. No. 206 §2, 2-26-1996; Ord. No. 1629 §1, 6-8-2009]
This Chapter shall be known as the Tree Preservation and Restoration Code and the requirements herein shall, except as otherwise provided, apply to any disturbance of trees that requires a permit for grading by City ordinance. This Chapter shall supplement the requirements and standards established by the Grading Code, Chapter 505 of this Code, as may be amended, and shall be applied in conjunction therewith.
[Ord. No. 206 §3, 2-26-1996; Ord. No. 1629 §1, 6-8-2009]
No grading permit shall be granted by the City until a tree preservation plan has been filed with and approved by the Department of Planning. The tree preservation plan may be included as part of a proposed grading plan or may be a supplement to such plan. The tree preservation plan shall ensure the protection of remaining trees and vegetation on any site subject to authorized land disturbance and shall include such specifications, standards and precautionary measures as prescribed by the Director of Planning pursuant to the City guidelines in the Wildwood Tree Manual.
[Ord. No. 1629 §1, 6-8-2009]
With the adoption of this Chapter by the City Council, any new or amended development listed below shall be subject to the criteria of the Sustainable Plantings Guide, excepting any existing or future, privately-owned residential lots (zoned "NU" Non-Urban Residence District and "R" districts):
Developments zoned "C-8" Planned Commercial District or "M-3" Planned Industrial District;
Developments governed by Planned Residential Development Overlay District, landmarks and preservation area and/or a conditional use permit; or
[Ord. No. 206 §4, 2-26-1996; Ord. No. 1629 §1, 6-8-2009]
No grading permit shall be granted unless at least thirty percent (30%) of all tree canopy coverage on land not within any building setback area (required by applicable zoning or subdivision regulations) shall be retained and undisturbed. Where land disturbance is requested in conjunction with development of more than one (1) parcel of land, or where the development will require subdivision into more than one (1) parcel, the setback areas shall apply and be determined by lot according to the approved record plat or preliminary plat for the proposed development. Redevelopment, resubdivision or amended platting of land after the tree preservation plan has been implemented shall not be permitted to defeat or avoid the tree preservation requirements of this Code first applied to the site, and approval of such redevelopment may be conditioned upon restoration of trees to equal the previous plan. Where grading is requested for an approved commercial use, the Director may allow replantings, or existing trees designated to remain after grading, anywhere on the site to count towards the required tree canopy coverage.
[Ord. No. 206 §5, 2-26-1996; Ord. No. 1629 §1, 6-8-2009]
General Standards—Variances. In addition to all other standards for land disturbance established by law, all approved land disturbance on sites containing any trees shall also conform to the specifications and standards established by the City of Wildwood Tree Manual, all requirements established by an approved tree preservation plan, and any other requirements or conditions imposed by the Director of Planning consistent with this Chapter. The tree preservation standards required by this Chapter may not be varied by any City Officer or the Planning and Zoning Commission except as necessary for construction pursuant to an approved final site plan, planned zoning development, conditional use permit, approved subdivision plat, or approved final site plan (or section plan where applicable) specifically authorizing a modification of this standard. Any variance shall be no more than is necessary to complete the construction or use approved, and the Director or approving body may, when feasible, condition a permit upon the restoration or relocation of trees or vegetation on the site in an amount or quality sufficient to offset or ameliorate the variance. A variance shall not be deemed "necessary" where feasible changes in design or construction location or technique could reduce or eliminate the amount of variance.
Timber Sales. Notwithstanding anything in this Chapter or the Grading Code to the contrary, timber sales shall be permitted as authorized by this Subsection. Any person desiring to undertake a timber sale shall request a permit from the Director of Planning. Permit applications shall include a timber management plan from a professional forester or other approved professional indicating that the cutting of trees constitutes a thinning or harvest that ensures continued health and existence of the woodland. The timber management plan shall specify an acceptable method of regeneration for the area to be harvested and shall conform to the standards established by the Missouri Department of Conservation, or such other designated agency, for proper management of tree farms and timber sales. Unless waived by the Director for good cause, no permit for a timber sale shall be granted for any area more than once every ten (10) years.
Exceptions. Nothing in this Chapter shall apply to disturbance of trees constituting forest crops regularly harvested (i.e. Christmas tree farms, nursery stock).
[Ord. No. 206 §6, 2-26-1996; Ord. No. 1629 §1, 6-8-2009]
Grand trees and specimen vegetation shall not be disturbed except where it is necessary to permit construction or a use specifically authorized by a planned zoning, conditional use permit, approved subdivision or approved final site plan (or section plan where applicable) granted by the City of Wildwood or as may otherwise be permitted by the Tree Manual.
[Ord. No. 206 §7, 2-26-1996; Ord. No. 1629 §1, 6-8-2009]
Restoration Required. Any trees disturbed in violation of this Chapter or an approved tree preservation plan shall be replanted and restored within six (6) months according to the standards set forth in the Wildwood Tree Manual. Any tree or tree areas identified to be retained on the tree preservation plan that do not remain alive for a period of at least thirty (30) months after the development of the site or stage ceases shall be rebuttably presumed to be "disturbed" in violation of this Chapter and shall be restored or otherwise mitigated as required herein.
Supplemental Bond. In determining the amount of bond to be submitted to secure a grading permit, the Director of Planning shall include such amount as to ensure restoration of trees and compensate the site for such other losses, including loss of topsoil, as may occur from disturbance of trees in violation of this Chapter or an approved tree preservation plan. The additional bond amount established by the Director of Planning shall include the amounts set forth in the Tree Manual for restoration or loss of trees. The Director may allow reductions in bond amounts where the land disturbance is subject to stages, provided that no new stage is commenced until all restoration of the precedent stage is completed. If the restoration required by this Section is not completed within the time allowed, the Director may cause the bond to be used for such restoration. Upon completion of all construction and development within the site, any unused portion of the bond not used for restoration or unrestorable losses shall be returned; provided, however, that not less than fifteen percent (15%) of the original amount shall continue to be held for a period of thirty (30) months to guarantee survival or restoration for such period of any replanted trees or trees required to have been preserved. Any net amounts retained due to violations causing loss of trees in sizes or character that cannot be similarly replaced shall be transferred to a trust fund established for tree preservation and replacement to mitigate improper tree disturbance or returned to the permittee if no such appropriate fund exists or is established within thirty (30) months from the effective date of this Chapter (February 26, 1996). Notwithstanding any expenditure of the bond by the City, the person obtaining the land disturbance permit shall remain responsible for remedying any uncured violations of this Chapter. The Director of Public Works, with consent of the Director of Planning, shall have the authority to increase or decrease the bond amounts and release provisions of this Chapter where under the circumstances such alteration would comply with the intent of this Section.
The City Attorney shall be authorized to take any other action to enforce the provisions of this Chapter or to remedy any violation including seeking injunctive action or damages for such violations.
[Ord. No. 206 §8, 2-26-1996; Ord. No. 1629 §1, 6-8-2009]
It shall be unlawful for any person to do any of the following acts on public property or a public right-of-way:
Attach any sign, advertisement, notice or any other object except for normal installation and maintenance devices or objects installed by the City to any tree or shrub or in any flower bed in the public right-of-way, park, or any other public property in the City.
Damage, cut, deface, destroy, top or injure any tree, shrub or plant by placing salt, brine, petroleum products, weed killers, concrete washout or any other substance in such an amount as to be injurious to tree or shrub growth planted in the public right-of-way or upon any park or public property. This provision shall not apply to any ordinary care and maintenance or removal of hazardous trees by a governmental entity authorized to exercise jurisdiction over the right-of-way, park or other public property.
Place or store cement, asphalt, soil or any other substance in the right-of-way or on any public place which impedes access of air and water to the critical root zone of any tree or shrub planted in the right-of-way or any other public place.
Permit any tree, shrub, plant or other item on that person's property to hang over or branch in such a way as to obstruct or obscure street lights, traffic signs, traffic signals or pedestrian or vehicular access on public rights-of-way or obstruct the view of any street intersection.
Cause any excavation or construction on a public right-of-way to occur within twenty (20) feet of any public tree without installing fences, barriers or other guards to protect the tree on public right-of-way from damage from such excavation or construction.
[Ord. No. 206 §9, 2-26-1996; Ord. No. 1629 §1, 6-8-2009]
The Director of Public Works may cause to be removed or may order the property owner to remove any trees, limbs, or other item encroaching on or over a public property or right-of-way in violation of ordinance. In the event that the Director causes the encroachment to be removed after notice and failure of the property owner to voluntarily remove it, the Director shall send the property owner a bill for the costs of such removal, and the property owner shall be responsible for payment of such bill. Any person damaging, cutting, defacing or injuring any tree or shrub on any public property or right-of-way shall be responsible to pay for any remedial costs in addition to such penalties as may be imposed.
[Ord. No. 206 §10, 2-26-1996; Ord. No. 1629 §1, 6-8-2009]
The Director of Public Works shall have the authority to order removal of trees or vegetation on private property that endanger the life, health, safety or property of the public and thereby constitute a nuisance. If such order is not complied with within thirty (30) days, the Director may cause the nuisance to be removed, and the property owner shall be responsible to pay the costs of such removal.
[Ord. No. 206 §11, 2-26-1996; Ord. No. 1607 §1, 3-23-2009; Ord. No. 1629 §1, 6-8-2009; Ord. No. 1736 §1, 7-12-2010]
Violation of any provision of this Chapter by any intentional act shall constitute a misdemeanor punishable by a fine of not less than one hundred dollars ($100.00) and not more than one thousand dollars ($1,000.00) or by imprisonment for a period not to exceed three (3) months, or by both fine and imprisonment. The removal of each tree in violation of any provision of this Chapter shall constitute a separate punishable offense.
[Ord. No. 206 §12, 2-26-1996; Ord. No. 1629 §1, 6-8-2009]
Any appeals from application of this Chapter shall be made directly to the Council unless the appeal is within the scope of the administrative review procedure of the City, whereby such procedure shall be followed. Upon compliance with the applicable review procedure, the Council may modify application of the Code where such application would be arbitrary or constitute an unconstitutional taking of property without compensation or is otherwise determined to be unlawful.