Questions about eCode360? Municipal users Join us Monday through Wednesday between 12pm and 1pm EDT to get answers and other tips!
City of Frontenac, MO
St. Louis County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Ord. No. 2008-1576 §1, 5-20-2008]
For purposes of this Chapter, the following definitions apply:
CRITICAL ROOT ZONE
An area drawn for each tree surveyed which represents the average root system. The average root system extends beyond the drip line extending from the outer surface of a tree's branch tips to the ground. Critical root zones vary depending upon tree species, tree size, soils and moisture level, but shall be deemed to incorporate a distance of ten (10) feet beyond the defined boundary of the drip line.
DISTURB
Intentionally or unintentionally removing, destroying or killing a tree.
FAIR CONDITION
A tree 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.
GRAND TREE
A tree in fair or better condition which has a minimum height of thirty (30) feet and which equals or exceeds the following diameter:
Large hardwoods (including oaks, hard maples, hickories, sycamores, elms, ash, dogwoods, magnolias, etc.) — twenty-four (24) inch DBH.
Large softwoods (pines, cedars, firs, spruces, etc.) — twenty (20) inch DBH.
Notwithstanding the foregoing, grand trees shall not include box elder, silver maple, sweet gum, mulberry, green ash, mountain ash, black locust, poplar, cottonwood or willow trees.
NEW CONSTRUCTION ACTIVITY
Construction of a building on a site where no previous building exists at the commencement of the construction activity or where at least fifty percent (50%) (as measured by reference to floor area of the ground floor of the building) of an existing building is demolished as part of the construction activity in order to accommodate a new building or replacement or expansion of the existing building.
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.
TREE PRESERVATION PLAN
A tree preservation plan is a plan of a site that identifies the pre- and post-activity tree status of a site upon which there is to be any grading, demolition or construction relating to new construction activity. A tree preservation plan shall provide sufficient detail to enable the reviewing authority to determine whether the proposed activity complies with the requirements of this Chapter and shall include a detailed description and location of trees on the site prior to any proposed new construction activity and shall identify proposed changes in the tree canopy coverage, including any replacement or restoration of trees. The tree preservation plan may also include or be supplemented by a description of the aesthetic and/or practical rationale for any proposed tree removal and replacement. A tree preservation plan shall be prepared in map form and may be included on a site survey, a landscape, demolition, grading, building, subdivision, site plan or development plan or submittal or may be filed as a supplement to such plans or submittals or as a separate document.
TREE SIZE
The measurement of the diameter of a tree trunk (typically referred to as caliper) 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.
[Ord. No. 2008-1576 §1, 5-20-2008]
A. 
Scope. The requirements of this Chapter shall, except as otherwise expressly provided, apply to any disturbance of grand trees and disturbance of any other tree within setback areas resulting from any demolition, grading or building relating to new construction activity or attendant upon any development requiring approval of a subdivision, site plan or development plan under the Code of Ordinances of the City of Frontenac. This Chapter shall supplement the requirements and standards established by other provisions of the City Code and shall be applied in conjunction therewith.
B. 
Purposes. Trees reduce noise, cool the land, improve drainage, reduce erosion, stabilize the soil and increase the economic value of land. Hence, the protection and preservation of trees throughout the City, particularly mature trees and significant stands of trees, is important to the protection of the health and welfare of residents, the enhancement of residential and commercial properties and their economic value and enrichment of the character of the community. The purpose of this tree preservation Chapter is to encourage preservation of grand trees; reduce tree loss during development; reduce damage to standing trees during construction and provide for the replacement of trees lost during construction. The regulations and requirements of this Chapter should be interpreted and applied in a manner consistent with these purposes.
[Ord. No. 2008-1576 §1, 5-20-2008; Ord. No. 2011-1672 §2, 11-15-2011]
A. 
No demolition permit, grading permit or building permit (to the extent that such building permit applies to new construction activity) shall be granted by the City until a tree preservation plan has been filed with and approved by the Building Commissioner and the Architectural Review Board with respect to the site.
B. 
No subdivision, site plan or development plan approval shall be granted by the City until a tree preservation plan has been filed with and approved by the Planning and Zoning Commission.
C. 
The tree preservation plan shall:
1. 
Promote development with minimal tree disturbance;
2. 
Prohibit to the extent practicable grading, demolition and construction within the critical root zone of any trees required by this Chapter to be undisturbed (which prohibition shall apply to activities related to grading, demolition and construction activity such as placement of substances injurious to trees or storage of materials or soil impeding the access of air or water to the roots of trees);
3. 
Encourage the preservation of trees within buildable areas (defined as the areas of a lot interior to the front, rear and side building setback lines, on which buildings may be located pursuant to applicable zoning or subdivision regulations);
4. 
Ensure the preservation of trees within building setback areas in accordance with Section 425.050; and
5. 
Provide for the protection of remaining trees on any site subject to new construction activity.
[Ord. No. 2008-1576 §1, 5-20-2008]
A. 
The tree preservation plan shall include the following minimum specifications, standards and precautionary measures:
1. 
All trees identified for preservation shall be temporarily fenced during construction. Fencing shall be installed prior to the issuance of demolition, grading or building permits. Fencing shall be located at the edge of the critical root zone, encompassing a distance of ten (10) feet beyond the defined boundary of the drip line, except where impracticable due to the location of improvements or as necessary to permit construction within the critical root zone. If, however, a certified arborist examines a tree in question and certifies that a particular tree has a smaller critical root zone, fencing may be located at the outer edge of the critical root zone as determined by the arborist. Fencing shall consist of chain link or plastic link fence. Fencing shall be rigidly supported and maintained during all construction periods at a minimum height of four (4) feet above grade. Removal of fencing shall take place only when approved by the Building Commissioner.
2. 
All trees required to be fenced shall be clearly marked with a spot of paint to notify City inspectors that the subject tree or trees are to be fenced at all times during construction. Protected areas shall also display a sign identifying them as tree preservation areas.
3. 
Fenced areas shall not be used for material stockpile, storage or vehicle passage or parking. Dumping of materials, chemicals or garbage shall be prohibited within the fenced area. Fenced areas shall be maintained in a natural condition and not compacted.
4. 
Boring or tunneling methods, including hand trenching, shall be used, to the extent reasonably practicable, when utilities are to be located in the critical root zone, since many, critical roots are close to the surface.
5. 
Existing stormwater runoff and grade shall be maintained within the critical root zone of protected trees.
[Ord. No. 2008-1576 §1, 5-20-2008]
A. 
The minimum required tree canopy coverage on land within any building setback area (defined as the area between the property line and the front, rear and side building setback lines as required by applicable zoning or subdivision regulations) on a site shall be retained and undisturbed. Within the "R-1" zoning district the minimum required tree canopy coverage will be sixty percent (60%) of the existing tree canopy within the building setback area. Within the "R-2" zoning district the minimum required tree canopy coverage will be twenty percent (20%) of the existing tree canopy within the building setback area. Within non-residential zoning districts the minimum required tree canopy coverage will be equal in area to the existing tree canopy within the building setback area or as may otherwise be determined by application to and approval by the Planning and Zoning Commission, taking into account the purposes stated in Section 425.020 and the standards of Section 425.070 relating to alteration or waiver of the requirements of this Chapter.
B. 
When a grading, demolition or building permit is requested in conjunction with development of a site consisting of more than one (1) parcel of land or when the development will require subdivision into more than one (1) parcel, the building setback areas shall apply and be determined by lot according to the approved record plat or preliminary plat for the proposed development. Redevelopment or resubdivision of land after the tree preservation plan has been implemented shall not be permitted to defeat or avoid the tree preservation requirements of the Code of Ordinances of the City of Frontenac first applied to the site and approval of such redevelopment or resubdivision may be conditioned upon replacement, by replanting or restoration, of trees to equal the previous tree preservation plan, if applicable.
[Ord. No. 2008-1576 §1, 5-20-2008; Ord. No. 2011-1672 §2, 11-15-2011]
A. 
Grand trees shall not be disturbed in the course of grading, demolition or building relating to new construction activity except as follows:
1. 
When the tree is dead, diseased, hazardous or constitutes a public risk pursuant to Section 425.110; or
2. 
In any residential district, where such disturbance is necessary to permit construction and is specifically authorized in a tree preservation plan approved in conjunction with the applicable grading, demolition or building permit; or
3. 
In any non-residential district, where such disturbance is necessary to permit construction and is specifically authorized in a tree preservation plan approved in conjunction with the applicable subdivision, site plan or development plan or applicable grading, demolition or building permit;
provided however, the tree preservation plan shall also require replacement of grand tree(s) lost by any such disturbance under the foregoing exceptions of this Section 425.060 and such replacement tree(s) shall be subject to review and approval by the Architectural Review Board, except that in any event, no replacement shall be required for the disturbance of a dead, diseased or hazardous tree or trees that constitute a public risk pursuant to Section 425.110. Replacement trees need not be the same size at time of planting nor of the same species as the tree(s) lost and need not meet the definition of a "grand tree" as defined in this Chapter at the time of planting. Though the use of grand trees as replacements under this Section is encouraged, it is not required. The Architectural Review Board shall consider the overall landscape design of the site, the adaptability of the replacement trees to the climate of the area and conditions of the site and the goals specified in of this Chapter in reviewing proposed replacement measures.
[Ord. No. 2008-1576 §1, 5-20-2008]
A. 
The tree preservation requirements of this Chapter may not be altered or waived by the Building Commissioner or by the Planning and Zoning Commission, except as necessary for construction pursuant to a planned development, conditional use permit, approved subdivision plat or approved final site plan specifically authorizing such modification and then only to the extent necessary to complete the approved construction or use. A permit or approval may be conditioned upon the replacement, restoration or relocation of trees or vegetation on the site in an amount or quality sufficient to offset or ameliorate any loss resulting from land disturbance.
B. 
Any alteration or waiver of the requirements of this Chapter shall not be deemed "necessary" where reasonable changes in design or construction or use location or construction technique could reduce or eliminate the amount of tree disturbance.
C. 
In the event of any conflict between the provisions of this Chapter and other requirements of the City of Frontenac with respect to tree preservation, the most restrictive requirement shall govern.
[Ord. No. 2008-1576 §1, 5-20-2008; Ord. No. 2011-1672 §2, 11-15-2011]
A. 
Restoration Required. Any trees disturbed in violation of this Chapter or an approved tree preservation plan shall be replanted and restored within fifteen (15) months:
1. 
In accordance with the tree preservation plan, or
2. 
In the event no tree preservation plan was approved prior to such disturbance, then subject to review and approval by the Architectural Review Board.
B. 
Supplemental Bond. Any person disturbing trees in violation of an approved tree preservation plan or failing to follow procedures required for the protection of trees pursuant to Section 425.040 shall be required to post a performance bond with the Building Commissioner in the amount of five thousand dollars ($5,000.00). The City reserves the right to issue a stop work order and revoke any then applicable demolition, grading or building permit if such bond is not posted within two (2) business days following notice from the Building Commissioner. If the required replanting and restoration is not completed within the time allowed, the Building Commissioner may cause the bond to be used for such replanting and restoration, as well as related site work; provided however, that not more than two thousand five hundred dollars ($2,500.00) may, on the determination of the Building Commissioner, continue to be held for a period of twenty-four (24) months to guarantee survival during such period of any trees required to have been preserved and to guarantee replacement and survival during such period of any trees required to have been replanted or restored. 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 reserve 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 (May 20, 2008). Notwithstanding any expenditure of the proceeds or recoveries from the bond by the City, the person obtaining the permit or approval shall remain responsible for remedying any uncured violations of this Chapter and the City shall not be limited to the proceeds or recoveries from the bond for any applicable penalties.
[Ord. No. 2008-1576 §1, 5-20-2008]
A. 
It shall be unlawful for any person to do any of the following acts on public property or a public right-of-way:
1. 
Attach any sign, advertisement, notice or any other object to any tree or shrub or in any flower bed in the public right-of-way or any other public property in the City except items installed by the City.
2. 
Damage, cut, deface, destroy, top or injure any tree, shrub or plant planted in the public right-of-way or upon any public property 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 or otherwise disturb any tree in the right-of-way or on other public property. This provision shall not apply to ordinary care and maintenance or removal of trees by a governmental entity or by a public utility authorized to exercise jurisdiction over the right-of-way or on other public property pursuant to a franchise or easement.
3. 
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, shrub or plant planted in the right-of-way or on any other public property.
4. 
Cause any excavation or construction on a public right-of-way to occur within the critical root zone of any tree in the right-of-way or on other public property or fail to install fences, barriers or other guards to protect the tree on the public right-of-way from damage from such excavation or construction. This provision shall not apply to ordinary care and maintenance or removal of trees by a governmental entity or by a public utility authorized to exercise jurisdiction over the right-of-way or on other public property pursuant to a franchise or easement.
[Ord. No. 2008-1576 §1, 5-20-2008]
The Building Commissioner may cause to be removed or may order the property owner to remove any trees, limbs or other item encroaching on or over public property or right-of-way. In the event that the Building Commissioner causes the encroachment to be removed after notice and failure of the property owner to voluntarily remove it, the Building Commissioner 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. If the amount is not paid within fourteen (14) days, the amount of the bill shall be charged to the owner of such property in a special tax bill. The special tax bill charged shall constitute a first (1st) lien and privilege on the property and shall remain in full force and effect for the amount due in principal and interest plus cost of court, if any, for collection until final payment has been made. Such costs and expenses shall be collected in a manner fixed by law for the collection of taxes and, further, shall be subject to a delinquency penalty of eight percent (8%) per annum if it is not paid in full on or before the date the special tax bill becomes delinquent. Any person damaging, cutting, defacing or injuring any tree, shrub or plant 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. 2008-1576 §1, 5-20-2008]
The Building Commissioner shall have the authority to order removal of trees 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 Building Commissioner may cause the nuisance to be removed and 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. If the amount is not paid within fourteen (14) days, the amount of the bill shall be charged to the owner of such property in a special tax bill. The special tax bill charged shall constitute a first (1st) lien and privilege on the property and shall remain in full force and effect for the amount due in principal and interest plus cost of court, if any, for collection until final payment has been made. Such costs and expenses shall be collected in a manner fixed by law for the collection of taxes and, further, shall be subject to a delinquency penalty of eight percent (8%) per annum if it is not paid in full on or before the date the special tax bill becomes delinquent.
[Ord. No. 2008-1576 §1, 5-20-2008]
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). The removal of each tree in violation of any provision of this Chapter shall constitute a separate punishable offense. Each day on which a violation of the replanting or restoration requirements of a tree preservation plan continues or on which a violation of the replanting or restoration requirements of other provisions of this Chapter continues shall constitute a separate punishable offense.
[Ord. No. 2008-1576 §1, 5-20-2008]
An appeal for a variance from the strict application of this Chapter shall be made directly to the Board of Adjustment in accordance with Chapter 405, Article VII of the City Code.
[Ord. No. 2008-1576 §1, 5-20-2008]
Any trees which have been removed from a site within twelve (12) months prior to application for a demolition, grading or building permit (to the extent that such building permit applies to new construction activity) or other land use approval shall be deemed to have been removed for purposes covered by this Chapter and shall be subject to all replanting and restoration requirements contained herein.