City of St. Peters, MO
St. Charles County
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Table of Contents
Table of Contents
[R.O. 2007 §535.010; Ord. No. 2894 §1, 8-13-1998]
This Chapter shall be known and may be cited as the Municipal Tree and Landscape Regulations of the City of St. Peters, Missouri.
[R.O. 2007 §535.020; Ord. No. 2894 §2, 8-13-1998]
It shall be the intent of this Chapter, through the maintenance, placement, planting, preservation and protection of trees to: aid in the stabilization of soil by the prevention of erosion and sedimentation; reduce stormwater run-off and flooding and the cost associated therewith; provide a buffer and screen against noise pollution; provide protection against severe weather; provide shade for cooling urban islands and structures; protect and increase property values; reduce air pollution and protect the citizens of the City from the dangers of harmful chemicals; conserve and enhance the City's physical and aesthetic environment; and generally protect and enhance the quality of life and the general welfare of the City and its residents.
[R.O. 2007 §535.030; Ord. No. 2894 §3, 8-13-1998; Ord. No. 3180 §1, 1-27-2000]
For the purposes of this Chapter, the following terms shall be deemed to have the meanings indicated:
AGENT OF THE CITY ADMINISTRATOR
Any employee or representative of the City of St. Peters who has been assigned certain responsibilities by the City Administrator with regard to carrying out or performing specific functions of the Municipal Tree and Landscape Regulations.
ARBORICULTURAL SPECIFICATIONS AND STANDARDS OF PRACTICE FOR THE CITY OF ST. PETERS (hereinafter ARBORICULTURAL SPECIFICATIONS MANUAL)
A manual prepared by the City of St. Peters pursuant to this Chapter containing standards for the planting, maintenance, and removal of trees, shrubs, and other plant material upon City-owned property. The manual contains a general program for optimizing the tree, shrub, and other plant resources of the City of St. Peters. This manual is made available to the general public at the St. Peters City Hall.
CITY ADMINISTRATOR
The representative of the City of St. Peters who by ordinance works under the administrative direction of the Mayor in superintending all activities of the City and its employees.
CITY-OWNED PROPERTY/MUNICIPAL OWNED PROPERTY
Property within the City limits of the City of St. Peters, Missouri, and:
1. 
Owned by the City in fee simple absolute, or
2. 
Expressly dedicated to the public for present or future use for purposes of vehicular traffic.
DEVELOPER
Person or company responsible for performing work on a lot or parcel of land. Typically involves excavating, grading, clearing, or constructing, but is not exclusive to such activities.
FRONTAGE
The total linear feet of property that borders a street, road, avenue, or any other designated area for vehicular traffic.
MAINTENANCE
Any measure considered to be vital or beneficial to the proper care and cultivation of any tree, shrub, or other plant material. This includes pruning, irrigating, fertilizing, spraying, or otherwise applying pesticides, staking, bracing, guying, cabling, wrapping, mulching, insect and disease control, and any other horticultural practices performed as seen necessary to promote the general health of plant material.
OPEN SPACES
All area within the property lines of any proposed or existing commercial or industrial development that is not covered with a building or permanent structure. Paved surfaces, green space, and landscaping are all considered to be a portion of open space.
PLANT MATERIAL (OR PLANTS)
Trees, shrubs, bushes, vines, grasses, ground covers, and all other woody or herbaceous vegetation.
PROPERTY OWNER
The legal, record titleholder of any parcel of land.
PUBLIC PLANTINGS/PUBLIC PLANT MATERIAL
Plant material that originates on City-owned property or public right-of-way.
PUBLIC RIGHT-OF-WAY
Area that has been dedicated for use as a street or roadway, often including a portion of land beyond the existing or proposed paved surfaces.
TOP/TREE TOPPING
Removing the vertical leader stems and cutting tree limbs back to a stub, bud, or a lateral branch not large enough to assume a terminal role, resulting in decay of the trunk and/or main branches and sprout production. Usually involves removing more than one-third (1/3) of the tree canopy.
WOODLANDS
Any grouping of trees showing the typical or partial ecosystem of a forest, including trees, underbrush, and communities of other organisms connected in ways that aid in the survival of all members.
[R.O. 2007 §535.040; Ord. No. 2894 §4, 8-13-1998]
A. 
The City Administrator and his/her agent shall have the authority and jurisdiction to regulate the installation, maintenance, and removal of plant material growing now or hereafter on City-owned property or public right-of-way to ensure the safety of or preserve the aesthetics of such public sites.
B. 
The City Administrator and his/her agent shall have the authority to promulgate the rules and regulations of the "Arboricultural Specifications Manual" governing the planting, maintenance, and removal of plant material on City-owned property or public right-of-way.
C. 
The City Administrator and his/her agent shall have the authority to prevent actions or operations which could cause harm to public plant material.
D. 
The City Administrator and his/her agent shall have the authority to order the removal or otherwise abatement of any plant material on private or public property which has been declared a nuisance or endangers public health or well being.
E. 
The City Administrator and his/her agent shall have the authority to prevent the topping of any tree on City-owned property or public right-of-way, and to prevent any person working for hire within the corporate limits of the City of St. Peters from topping any tree on publicly or privately owned land.
F. 
The City Administrator and his/her agent shall have the authority and jurisdiction to require the installation of landscaping on all sites within the City limits having new construction, major additions to property or structures, or major rehabilitation.
G. 
The City Administrator and his/her agent shall cause the provisions of this Chapter to be enforced.
[R.O. 2007 §535.050; Ord. No. 2894 §5, 8-13-1998]
A. 
The City shall have the right to plant and maintain any plant material within the boundaries of City-owned property or public right-of-way as may be necessary to insure public safety or to preserve or enhance the symmetry and aesthetics of such public grounds.
B. 
The City may remove, or cause or order to be removed, any plant material or part thereof originating on or having any portion above or below ground within the boundaries of City-owned property or public right-of-way which is in an unsafe condition or which by reason of its nature is injurious to sewers, utility lines, gas lines, water lines, sidewalks, curbs, streets, structures, or other public improvements, or is affected with any injurious fungus, insect, disease or other pest.
C. 
The City shall perform whatever acts are necessary to insure that all plant material originating on City-owned property, or having any portion within the boundaries of City-owned property, conforms with the following: the comprehensive, long-range program for the optimization of the plant resources of the City of St. Peters, the standards of the "Arboricultural Specifications Manual", and the requirements of this Chapter.
[R.O. 2007 §535.060; Ord. No. 2894 §6, 8-13-1998]
A. 
No person except for City work crews shall plant, perform maintenance on, remove, cut above or below ground, excavate near or otherwise disturb any plant material on any City-owned property or public right-of-way without first filing an application and procuring a permit from the City. The person receiving the permit shall abide by all conditions stated on the permit and by the standards outlined in the "Arboricultural Specifications Manual". Notwithstanding the foregoing, no person shall be required to procure a permit from the City for the routine mowing of grass or the routine minor pruning of other plant material or plants upon public rights-of-way, when said rights-of-way adjoin the person's real property.
1. 
Application for permits must be made to the City not less than five (5) working days in advance of the time that the work is to be done. Applications for permits are available at the St. Peters City Hall, One St. Peters Centre Boulevard, St. Peters, Missouri.
a. 
No person or property owner shall plant or cause to be planted any plant material on City-owned property or public right-of-way, without first filing an application and procuring a permit from the City. The application for planting required herein shall state the proposed number of plants to be set out; the proposed location, grade, species, cultivar or variety of all plants to be set out; the method of planting; and any such other information as the City shall find reasonably necessary to make a fair determination of whether a permit should be issued. The person or property owner shall bear the cost of all operations and materials relating to the proposed planting.
b. 
No person or property owner shall perform or cause to be performed any maintenance on any plant material on City-owned property or public right-of-way for any reason, without first filing an application and procuring a permit from the City. The application for maintenance required herein shall state the proposed number and type of plants to be affected; the proposed treatment to be administered; the composition of any proposed material to be applied; and any such other information as the City shall find reasonably necessary to make a fair determination of whether a permit should be issued. The person or property owner shall bear the cost of all operations and materials relating to the proposed maintenance.
c. 
No person or property owner shall remove or cause to be removed any plant material from City-owned property or public right-of-way for any reason, without first filing an application and procuring a permit from the City. The application for removal required herein shall state the proposed number and type of plants to be affected; the proposed method of removal; and any other such information as the City shall find reasonably necessary to make a fair determination of whether a permit should be issued. Persons permitted to remove plant material from City-owned property or public right-of-way may be required to replace such plant material in accordance with the adopted "Arboricultural Specifications Manual". Such replacement shall meet the standards of size, species, and placement as provided for in a permit issued by the City. The person or property owner shall bear the cost of all operations relating to the proposed removal and replacement.
d. 
No person shall excavate, or cause to be excavated, any holes, pits, ditches, tunnels, or trenches, or construct or cause to be constructed any buildings, structures, sidewalks, or driveway, or lay or cause to be laid any impervious surfaces, or affect the ground or cause the ground to be affected on private property in any way reasonably known to be detrimental to plant material on City-owned property, without first filing an application and procuring a permit from the City. Such work shall be done in accordance with the provisions outlined in the permit issued by the City and with the adopted "Arboricultural Specifications Manual" for the City of St. Peters.
e. 
No person shall excavate, or cause to be excavated, any holes, pits, ditches, tunnels, or trenches, or construct or cause to be constructed any buildings, structures, sidewalks, or driveway, or lay or cause to be laid any impervious surfaces, or affect the ground or cause the ground to be affected in any way on City-owned property or public right-of-way if such work is within the dripline of any City-owned plant material or within fifteen (15) feet of privately-owned plant material, without first filing an application and procuring a permit from the City. Such work shall be done in accordance with the provisions outlined in the permit issued by the City and with the adopted "Arboricultural Specifications Manual" for the City of St. Peters.
f. 
Public and private utilities and contractors shall submit written specifications for pruning, trenching, horizontal boring, and all other operations which affect any trees, shrubs or plants on public property to the City for approval. Upon approval of its specifications, a utility or contractor shall not be required to obtain a permit for routine operations affecting plant material having its origin on City-owned property or public right-of-way as long as such work is done in strict accordance with the approved specifications, the "Arboricultural Specifications Manual", and with any provisions outlined in the original permit issued by the City. Requests from the public or private utilities or contractors for the removal of City-owned plant material shall be handled on an individual permit basis. Failure to comply with the approved specifications is a violation of this Chapter.
2. 
The City shall issue a permit provided for herein if, in their judgment, the proposed work is desirable and the proposed method and workmanship thereof follow the guidelines stated in the "Arboricultural Specifications Manual". Any permit granted shall contain a definite date of expiration and the work shall be completed in the time allowed on the permit and in the manner as therein described. Any person shall be void if its terms are violated.
3. 
Notice of completion of all work allowed by permit shall be given to the City within five (5) working days of completion for inspection.
a. 
Whenever work performed on any plant material on City-owned property requires additional attention from the City or the City's contractor due to poor workmanship or lack of completion, the exact cost thereof shall be assessed to the original permit holder. If no permit had been obtained, the cost shall be assessed to the party responsible for issuing the order for the work.
b. 
Whenever any plant material shall be planted or set out improperly, or in conflict with the provisions of this Chapter, it shall be lawful for the City to remove, cause removal of, alter, or relocate of such plant material, and the exact cost thereof shall be assessed to the person responsible for issuing the order to set out the plant material.
[R.O. 2007 §535.070; Ord. No. 2894 §7, 8-13-1998]
A. 
Except for public nuisances as set forth in Section 535.080, it shall be unlawful and a violation of this Chapter for any person to do any of the following:
1. 
Abuse, mutilate, damage, cut, carve, transplant, attach rope or wire, nail advertising poster or other contrivance to, cause root damage to, or harm in any way, any plant material on City-owned property or public right-of-way;
2. 
Deposit, store, or maintain on City-owned property or public right-of-way any stone, brick, sand, concrete, lumber, wood, tile, pipe, equipment, or other material which reasonably may be expected to impede the free passage of water, air or fertilizer to the roots, or harm in any way, any plant material on City-owned property or public right-of-way;
3. 
Cause any gaseous, liquid or solid substance to be located where such substance, because of the nature or amount, may reasonably be expected to be toxic or otherwise harmful to plant material located on City-owned property or public right-of-way; or
4. 
Cause any fire to burn on City-owned or private property, if such fire, or the heat, smoke, or ash therefrom may reasonably be expected to injure any portion of any plant material located on City-owned property or public right-of-way. This Subsection shall not be constructed to exempt any person from complying with State laws or ordinances of the City of St. Peters respecting burning.
B. 
Any person found guilty of any of the listed prohibited acts of this Chapter, or of causing harm in any way to plant material on City-owned property or public right-of-way, regardless if permanent damage to plant material is sustained, shall be subject to the penalty outlined in Section 535.120 of this Chapter.
[R.O. 2007 §535.080; Ord. No. 2894 §8, 8-13-1998]
A. 
The following may be declared public nuisances under this Chapter:
1. 
Any dead or dying plant material, any damaged, noxious, or otherwise declared undesirable plant material, whether located on City-owned property or on private property.
2. 
Any otherwise healthy plant material, whether located on City-owned property or on private property, which harbors insects or disease which reasonably may be expected to injure or harm any other plant material.
3. 
Any plant material, or portion thereof, whether located on City-owned property or on private property, which by reason of location or condition constitutes an imminent danger to the health, safety, or welfare of the general public.
4. 
Any plant material or portion thereof whether located on City-owned property or on private property, which overhangs a sidewalk, street, or alley and has branches or leaves at a height of less than eight (8) feet above the sidewalk or fourteen (14) feet above the street, or which obstructs the free passage of pedestrian or vehicular traffic.
5. 
Any plant material or portion thereof whether located on City-owned property or on private property which obstructs the view of vehicular or pedestrian traffic.
6. 
Any plant material or portion thereof whether located on City-owned property or on private property which obstructs the view of a traffic light, sign, or other traffic control devices, or obstructs the illumination from any street-, park-, public-, or alley-light.
7. 
Any plant material or portion thereof whether located on City-owned property or on private property which threatens or causes harm to any public structures such as sidewalks, streets, utilities, trails, or any other public improvements.
8. 
Any plant material or portion thereof, whether located on City-owned property or on private property which obstructs, inhibits, or in any way interferes with refuse collection by the City.
9. 
Any plant material whether located on City-owned property or on private property which has been declared a noxious plant by the State of Missouri.
10. 
Any plant material or portion thereof, whether located on City-owned property or on private property which in any way interferes with the quality of life of the residents of the City.
B. 
The following are the prescribed means of abating public nuisances under this Chapter:
1. 
Any public nuisance under this Chapter which is located on City-owned property shall be removed or otherwise treated by the City in whatever fashion is required to cause the abatement of the nuisance within a reasonable time after its discovery.
2. 
Any public nuisance under this Chapter which is located on private property shall be removed or otherwise treated by the property owner or his/her agent in whatever fashion is required to cause the abatement of the nuisance, providing no substantive harm is caused to any other plant material, persons, structures, or property, and such abatement is performed in compliance with a permit issued pursuant to Section 535.060 hereof. No property owner may be found guilty of violating this provision unless and until all steps for abating a nuisance as outlined in Section 71.285, RSMo., and Section 215.033 of this Code are fully executed.
3. 
The City Administrator is empowered to cause the immediate abatement of any public nuisance under this Chapter, provided that the nuisance is declared by the City Administrator to threaten imminent or serious danger to any person or property, and provided that the owner of the property on which the nuisance is located cannot be found through the diligent efforts of the City.
[R.O. 2007 §535.090; Ord. No. 2894 §9, 8-13-1998]
A. 
It shall be unlawful for any person to top any tree on City-owned land or public road right-of-way.
B. 
It shall be unlawful for any person working for hire to top any tree, whether on private or public land, within the corporate limits of the City of St. Peters.
[R.O. 2007 §535.100; Ord. No. 2894 §10, 8-13-1998; Ord. No. 3180 §2, 1-27-2000; Ord. No. 3280 §1, 8-10-2000]
A. 
This Section is adopted in conjunction with the Zoning and Subdivision Regulations and Administrative Policies of the City of St. Peters. Developments in some zoning districts of the City may be subject to more extensive landscape requirements.
1. 
A landscape plan must be submitted to the City for approval for any sites located within the City limits, having new construction, major additions to property or structures, or major rehabilitation, excluding "R-1", "R-2" and "PUD R-1" or "PUD R-2" single-family residentially zoned lots:
a. 
The landscape plan must include the species, size, and quantity of all plant material to be installed, and should generally describe all significant plant material on the site and adjacent street rights-of-way.
b. 
All lots having forty percent (40%) or less open space must have a minimum of twenty percent (20%) of that open space landscaped with trees, shrubs, living ground cover, or plant material other than grass or turf. Lots having more than forty percent (40%) open space must have a minimum of ten percent (10%) of the total lot landscaped with trees, shrubs, living ground cover, or plant material other than grass. Square foot credits for the purpose of calculating percentages of landscaped area are detailed in the "Arboricultural Specifications Manual".
c. 
Plant species and planting methods must conform to the specifications detailed in the "Arboricultural Specifications Manual".
d. 
All landscape plans must demonstrate the maximum preservation of existing plant materials.
e. 
Landscape plans will be evaluated by an agent of the City Administrator and no building permit shall be issued until said plan has been approved.
f. 
If site conditions prohibit achieving the minimum landscape credits required, the property owner or developer may apply to the City Administrator for a variance. If approved, the variance conditions shall include a deposit to the City's tree bank in lieu of the plantings. The deposit shall be calculated as outlined in the "Arboricultural Specifications Manual".
g. 
All approved landscape materials must be installed before a final occupancy permit will be issued, unless an escrow is posted with the City in lieu thereof for the cost and labor of installing such materials.
Escrows shall:
1. 
Be prepared on forms furnished by the City of St. Peters; four (4) originals shall be provided to the City.
2. 
Be approved by the agent of the City Administrator.
3. 
Guarantee the improvements set forth in the approved landscape plan by providing for deposit (cash, certified check, or cashier's check) with the City of St. Peters or an institution whose deposits are federally insured by the United States Government of that sum of lawful monies of the United States of America or a lender's agreement in the amount of which the agent of the City Administrator shall reasonably estimate as the cost of said improvements. The developer/contractor shall submit a listing of improvement quantities along with the estimated unit cost to facilitate the agent of the City Administrator completing the estimate.
4. 
If there is an escrow sum, it shall be held in a special account by the escrow holder subject to the audit by the agent of the City Administrator and/or Board of Aldermen of the City of St. Peters, Missouri.
5. 
If there is a lender's agreement, it shall be subject to the audit by the agent of the City Administrator and/or the Board of Aldermen of the City of St. Peters.
6. 
The estimated sum shall be held by the escrow holder or the lender as provided for in the agreement. Authorization shall be written and addressed or copied to the escrow holder or the lender authorizing release. The agent of the City Administrator may authorize release for disbursement by the escrow holder or lender for the payment of labor and materials used in the installation of the improvements guaranteed, as the work progresses, and when such work is approved by the agent of the City Administrator.
h. 
In the event that the improvements for a lot or lots are not satisfactorily installed within one (1) year after the issuance of an occupancy permit therefore, the City of St. Peters has the right to remove said monies from escrow to complete the guaranteed improvements, unless an extension in time is granted.
i. 
All landscapes must remain at this minimum specification or greater after a final occupancy permit is issued.
2. 
The owner or developer of any proposed commercial or industrial property must plant trees along all streets that the said development has frontage on. The trees shall be planted at a maximum spacing of sixty (60) feet and shall be located in or parallel to the right-of-way, not set back more than ten (10) feet from the property line, subject to approval by the City. Tree species and planting must conform to the guidelines detailed in the "Arboricultural Specifications Manual". All trees planted must be maintained in a vigorous state.
3. 
The developer of any proposed residential development or subdivision shall lay sod on the front and side yards of all developed lots (said requirement shall not exceed eight thousand (8,000) square feet in area) and shall plant trees along all streets in said development or subdivision. There shall be one (1) tree planted in front of each lot that has seventy-nine (79) feet or less road frontage. Lots having eighty (80) feet or more road frontage shall have one (1) tree planted for every forty (40) feet of frontage. All trees shall be located in the right-of-way with exact placement subject to approval by the City. Tree species, planting methods, and planting location must conform to the guidelines detailed in the "Arboricultural Specifications Manual" and must be detailed in the required planting permit. Exceptions to the tree planting requirement are outlined in the "Arboricultural Specifications Manual".
a. 
A street tree plan must be submitted to and approved by the City depicting each lot, the adjacent rights-of-way, and the street trees for each lot submitted for approval.
b. 
All approved landscape materials for each lot must be installed before final occupancy will be approved, unless an escrow is posted with the City in lieu thereof for the cost and labor of installing such materials and guaranteeing the installation of said improvements in accordance with the approved plan.
c. 
Escrows shall:
1. 
Be prepared on forms furnished by the City of St. Peters; four (4) originals shall be provided to the City.
2. 
Be approved by the agent of the City Administrator.
3. 
Guarantee the improvements set forth in the approved street tree plan by providing for deposit (cash, certified check, or cashier's check) with the City of St. Peters or an institution whose deposits are federally insured by the United States Government of that sum of lawful monies of the United States of America or a lender's agreement in the amount which the agent of the City Administrator shall reasonably estimate as the cost of said improvements. The developer/contractor shall submit a listing of improvement quantities along with the estimated unit cost to facilitate the agent of the City Administrator completing the estimate.
4. 
If there is an escrow sum, it shall be held in a special account by the escrow holder subject to the audit by the agent of the City Administrator and/or Board of Aldermen of the City of St. Peters, Missouri.
5. 
If there is a lender's agreement, it shall be subject to the audit by the agent of the City Administrator and/or the Board of Aldermen of the City of St. Peters.
6. 
The estimated sum shall be held by the escrow holder or the lender as provided for in the agreement. Authorization shall be written and addressed or copied to the escrow holder or the lender authorizing release. The agent of the City Administrator may authorize release for disbursement by the escrow holder or lender for the payment of labor and materials used in the installation of the improvements guaranteed, as the work progresses, and when such work is approved by the agent of the City Administrator.
d. 
In the event that the improvements for a lot or lots are not satisfactorily installed within one (1) year after the issuance of an occupancy permit therefore, the City of St. Peters has the right to remove said monies from escrow to complete the guaranteed improvements, unless an extension in time is granted.
4. 
On tracts of land greater than three (3) acres, no more than fifty percent (50%) of any woodlands may be cleared or developed. Wherever these canopy coverage requirements create a hardship, the property owner or developer may apply to the City for a permit to clear or develop additional woodland areas. This additional land clearing shall be permitted only after approval from the City Administrator and after the following conditions have been met:
a. 
The property owner or developer shall designate a new woodland area on a part of the same site that is not already forested. The new woodland area shall consist of one and one-half (1.5) times the surface canopy of the additionally cleared area.
b. 
The new woodland area shall be reforested according to standards in the "Arboricultural Specifications Manual". Spacing of replacement trees will be compatible with spatial limitations and with responsible considerations toward anticipated results. When the City Administrator determines that site spatial constraints result in an absolute inability to provide the required tree density, as many trees as possible must be planted on the site. The remaining balance of trees must be provided to the City in the form of a cash deposit to the City's tree bank. Tree bank calculations are detailed in the "Arboricultural Specifications Manual" and arrangements can be made by the City Administrator.
c. 
The developer shall employ all tree protective measures as outlined in the "Arboricultural Specifications Manual".
d. 
Should any preserved tree or any tree within the required canopy coverage die as a result of grading or construction damage, or suffer damage that will render the tree damaged beyond repair, the property owner or developer shall replace the trees or pay a fine to the City, whichever the City Administrator deems necessary. The number of replacement trees shall be determined by matching the total caliper inches of trees to be planted with the total caliper inches of trees that died or were damaged beyond repair. A planting plan shall be developed for the replacement trees according to specifications shown in the "Arboricultural Specifications Manual". Fines shall be equal to the value of the trees that die or are damaged beyond repair. The value of the trees will be determined using the International Society of Arboriculture's Guide for Plant Appraisal. (Copies available from ISA at Box GG, Savoy, IL 61874-9902)
e. 
Prior to the issuance of a tree removal permit, the property owner or developer shall post one (1) or more escrows for the benefit of the City of St. Peters. The escrows shall be provided as outlined in Section 535.100(1)(g). One (1) escrow shall be required to guarantee completion of any reforestation. The amount of this escrow shall be calculated as outlined in the "Arboricultural Specifications Manual". An additional escrow to account for trees that die, or are damaged beyond repair, as a result of grading or construction damage shall be calculated as follows. The amount of the surety or cash escrow shall be in the amount of two thousand dollars ($2,000.00) for each acre contained in an area described as a perimeter of the tree preservation area one hundred (100) feet wide by the length of the perimeter, or ten thousand dollars ($10,000.00) whichever is more.
f. 
Failure to reforest or replace as required shall constitute a default and the City of St. Peters shall be entitled to proceed against the escrow.
[R.O. 2007 §535.110; Ord. No. 2894 §11, 8-13-1998]
No person shall unreasonably hinder, prevent, delay, or interfere with the City Administrator or his/her agents engaged in the execution of the enforcement of this Chapter.
[R.O. 2007 §535.120; Ord. No. 2894 §12, 8-13-1998]
Any person who violates any provision of this Chapter or who fails to comply with any notice issued pursuant to the provisions of this Chapter, upon being found guilty thereof, shall be subject to a fine not to exceed five hundred dollars ($500.00) for each separate offense. If, as the result of the violation of any provision of this Chapter, the injury, mutilation, or death of a tree, shrub, or other plant located on City-owned property is caused, the cost of repair or replacement of such tree, shrub, or other plant may be ordered borne by the party in violation as a condition of probation. The replacement value of trees and shrubs shall be determined by a local consulting arborist using the latest revision of A Guide to the Professional Evaluation of Landscape Trees, Specimen Shrubs, and Evergreens as published by the International Society of Arboriculture. The consulting arborist's fee will be included in the cost of replacement. If, as the result of the violation of any provision of this Chapter, damage or injury occurs to property or persons, the costs incurred may be ordered borne by the party in violation as a condition of probation.