[R.O. 2011 §12.08.010; Ord. No. 6670 §1 (part), 2006]
A.
The
citizens and elected officials of the City are concerned that use
and redevelopment is putting the City's tree population in jeopardy.
Aging, disease, larger homes, new road construction and many other
changes in the City often result in the loss of trees and vegetation,
thereby changing the character and ambiance of the City. The planting,
maintenance and preservation of trees and vegetation in the course
of land disturbance has been determined to be a significant issue
for the public health and welfare, and the City's physical and aesthetic
environment.
B.
The
planting, maintenance and preservation of trees and vegetation will
have substantial positive effects on storm water management, air quality,
quality of water from non-point sources, erosion, flood control, wildlife
habitat, noise pollution, energy conservation, and property values.
It will provide for positive aesthetic benefits consistent with the
established character of the City.
C.
The
planting, maintenance and preservation of trees and vegetation help
moderate the effects of sun, cold and wind, and pollution. It also
has a beneficial impact on the overall well-being of the City. Therefore,
the standards as set out in this Chapter apply to all properties within
the City's boundaries.
[R.O. 2011 §12.08.020; Ord. No. 6670 §1 (part), 2006]
For purposes of this Chapter, the following terms, phrases,
words and their derivations shall have the meaning given herein:
The DBH of a tree. (e.g., a twenty (20) inch diameter tree
with a condition rating of fifty percent (50%) has an "adjusted DBH"
of ten (10) inches.)
Annual permit required for any person pruning, treating,
maintaining or removing of any tree on development projects and any
tree in the public community forest; provided however, that City employees
are excluded from this requirement.
The diameter of a tree six (6) inches above ground.
A level in which a site has the maximum number of trees.
The land cannot support any more trees without jeopardizing the health
of all the trees due to overcrowding.
The City of University City, Missouri.
The forester of the City or his or her duly authorized agent.
The City Forester is responsible for administration of this Chapter
and a community forestry plan.
A written document that guides the work of the City Forester
and envisions a long-range plan for the maintenance and improvement
of the community urban forest. The community forestry plan contains
the City-wide street tree plan.
A numerical rating developed in accordance with the International
Society of Arboriculture methodology will be utilized to gauge a tree's
overall health and form expressed as a percent. A healthy tree with
good form may be rated at ninety percent (90%), whereas a tree with
many broken limbs and serious decline may be rated at twenty percent
(20%).
The diameter of a tree at breast height which shall be measured
at four and one-half (4½) feet above ground.
The performance of any building activity; or the making of
any material change to any structure; or to the natural surface of
land including activities that disturb the natural surface of the
land such as clearing, excavating, and filling; or any change in the
use or appearance of any structure or land; or the division of land
into two (2) or more parcels. For the purposes of this Chapter, in
reference to the need for a forest activity permit, the terms "development" or "development projects" shall include, but not be limited to, the construction of new single-family
dwellings or new two-family dwellings and any other new construction
that requires a special use permit such as site plan review, conditional
use permit or planned development. The terms "development" or "development projects" shall specifically exclude
additions to single-family dwellings or two-family dwellings and the
addition of accessory structures (as defined in the Zoning Code) including,
but not limited to, landscaping, decks, porches, sheds, garages, fences
and pools.
Permit required to remove, prune or plant City trees. It
is also required when trees are to be removed from private property
as part of certain development projects as set forth herein.
To plant, mulch, fertilize, water, and/or prune as necessary,
and remove if dead or diseased.
See "TREE" below.
All trees within the City's boundaries that are not City
trees.
See "TREE" below.
All City trees as a total resource.
Same as "TRACT" (see below).
See "TREE" below.
The total area of a parcel, site, lot, or ownership of land
upon which development or land disturbance is proposed irrespective
of the actual limits or size of the proposed development or land disturbance
activity.
A woody plant that grows mostly upright as a single stem
(rarely multi-stem) that may eventually attain a height of fifteen
(15) feet or more.
City tree. Street tree, park tree or other
tree on property owned by the City, on City right-of-way, or to be
planted on City property or City right-of-way and other trees owned
by the City.
Park tree. City tree located in a City public
park.
Private tree. Tree located on privately owned
property (not a City tree).
Street tree. City tree located in City right-of-way
along a public street.
An account set up within the City's financial system that
will accept payments from tree replacement assessments imposed by
this Chapter, or from other sources that may arise. The tree bank
funds shall be used to plant and maintain City trees.
The area in square feet of a tree's branch spread. Existing
tree canopy is determined by measuring the ground surface area that
is covered by the branch spread of a single tree or clump or grove
of trees.
A narrow band of soil-filled area typically located between
the edge of the street pavement and an adjacent sidewalk or to the
edge of the private property lot line.
A manual prepared by the City Forester and that contains
the technical information necessary to perform the work outlined in
this Chapter.
A comprehensive account by a certified arborist of all trees
six (6) inches or greater in DBH on the tract of land in question.
A tree survey is required for forest activity permits. This survey
shall be prepared in map and in narrative form, and shall include:
the species, size, condition (rated 1 — 100) and location of
each tree relative to the proposed development. Tree protection measures
and limits of disturbance shall be noted on the tree survey.
The drastic removal, or cutting back, of large branches in
mature trees leaving large, open wounds, which subjects the tree to
disease and decay. Topping causes immediate injury to the tree and
ultimately results in early failure or death of the tree.
[R.O. 2011 §12.08.025; Ord. No. 6670 §1 (part), 2006]
The City shall have control of all trees, shrubs, and other
plantings now or hereafter in any street, park, public right-of-way,
or other public place within City limits, and shall have the power
to plant, care for, maintain, remove and replace such trees, shrubs
and other plantings. Jurisdiction shall also extend to trees, shrub
and other planting as set forth in this Chapter.
[R.O. 2011 §12.08.040; Ord. No. 6670 §1 (part), 2006]
A.
Private Trees On Development Projects.
1.
Prior to removal of any tree six (6) caliper inches in diameter or
greater, a forest activity permit shall be required on all development
projects on private property within the City. A forestry activity
permit shall be obtained from the City Forester. The fee charged for
each forestry activity permit shall be fifty dollars ($50.00) per
development project. The removal of diseased or dead trees, and trees
which have been declared a public nuisance by the City forester is
exempt.
2.
A tree survey of the site must be provided to the City Forester,
and approved by the City Forester, prior to any excavation, grading
or land clearance and also prior to the issuance of a building permit
by the Building Commissioner in connection with the development. The
City Forester shall provide the Building Commissioner written notification
of any approval within twenty (20) workdays. In the tree survey, each
tree will be rated and assigned a condition factor (expressed as a
percentage) depending on its current health. The condition factor
will be assigned per guidelines accepted by the International Society
of Arboriculture. Multiply the actual measured DBH of each tree by
the condition factor to calculate the adjusted DBH.
3.
The preservation of trees on lots is encouraged. If complete preservation
is not possible, any trees six (6) caliper inches in diameter or greater
being removed from the site must be replaced with trees of comparable
species, so that the combined caliper inches of the replacement trees
will be equal to that of the cumulative adjusted DBH being removed.
The time of replacement shall be directed by the City Forester. If
the carrying capacity of the site cannot support the number of trees
required for this mitigation, a payment of one hundred twenty dollars
($120.00) per caliper inch not so replaced shall be made by the developer
to the City tree bank within thirty (30) days of the City Forester
making such determination; provided however, that the maximum amount
payable shall be ten thousand dollars ($10,000.00) per acre; provided
further, that the City Forester shall make all reasonable effort to
utilize a sum equivalent to the amount so paid into the City tree
bank for planting of City trees near or surrounding the development
project.
4.
For development projects subject to this Chapter, should any preserved
tree die or become damaged within one (1) year of the later of the
date all building permit work is finally approved by the City, or
date an occupancy permit is issued, or date of actual occupancy as
a result of development project activity, the developer shall, at
the direction of the City Forester, replace the tree(s), or pay an
assessment equal to the value of the trees that died, were damaged,
or were removed. Payment shall be due within thirty (30) days of the
City Forester making such determination. The value of the trees will
be determined using the International Society of Arboriculture's methodology
of tree appraisal. (Copies available from ISA at P.O. Box 3129, Champaign,
IL (www.isa-arbor.com.) The City shall not issue, shall withhold,
or shall revoke, as the case may be, any occupancy permits until the
assessment is paid.
5.
In lieu of any payment required to be made to the City tree bank
under this Subsection, the developer may plant tress of equal value
on City property or City right-of-way as directed by the City Forester,
with preference to be given to the area near or surrounding the development
project.
B.
City Trees.
1.
No person shall plant, prune, spray or remove any City tree or City
shrub without first obtaining a forest activity permit. A forestry
activity permit will be issued for appropriate planting spaces only.
If a tree lawn exists, the planting site must be acceptable to the
City Forester. Species selection must be made from the approved species
list in the tree manual or a species approved by the City Forester.
2.
A forestry activity permit to prune, spray or remove City trees will
be issued if the City Forester finds that the desired actions or treatments
are necessary and that the proposed method and workmanship are satisfactory.
If a tree is approved to be pruned or removed, the activity shall
follow the American National Standard Institute A300 Standard Practices
and the root stump must be grubbed out, when so required by the City
forester. The fee charged for each forestry activity permit for City
tree planting, pruning and removal shall be fifty dollars ($50.00).
3.
Maintenance activities that include mulching, watering and fertilizing
do not require a forestry activity permit.
C.
Regulations For Planting In Public Places. Work performed
in public places under a forestry activity permit shall be in strict
conformance with the terms of this Chapter, and the regulations set
forth in the tree manual and further set forth below:
1.
Trees must not be less than one and three-fourths (1¾) caliper
inches;
2.
No tree shall be placed so as, in the opinion of the City Forester,
Director of Public Works and Parks or Chief of Police, to cause a
traffic hazard;
3.
Application for planting will specify which trees currently located
in public right-of-way shall be removed, if any. Stumps and exposed
roots will be removed if any tree is approved for removal. No tree
in public right-of-way shall be removed unless clearly authorized
as part of the forest activity permit;
4.
Trees shall be planted at least thirty (30) feet apart except where
a special permit is obtained from the City Forester;
5.
No tree shall be planted where the soil is too poor to insure the
growth of such tree unless the owner incorporates a suitable loam
or top soil;
6.
No tree shall be planted nearer than one and one-half (1½)
feet from the curb line or the sidewalk unless a special permit is
granted by the City Forester;
7.
No tree shall be planted along any street except of the species,
cultivar, or variety selected by the City Forester for that street;
8.
All pruning must follow the American National Standard Institute
A300 Standard Practices.
[R.O. 2011 §12.08.070; Ord. No. 6670 §1 (part), 2006]
A.
Any
person pruning, treating, and/or removing any tree in a development
project and/or any tree in the public community forest must first
obtain an arborist permit to be issued by the City Forester. An arborist
permit shall be obtained from the City Forester upon showing proof
of liability insurance in the amount of five hundred thousand dollars
($500,000.00) and Workers' Compensation insurance as required by State
law and shall be valid for a period of one (1) year. Issuance of a
permit also requires that such person (or if a business entity, that
a minimum of one (1) person within the business entity) be recognized
by the International Society of Arboriculture as a certified arborist
or tree worker. All permitted work on City trees and trees in a development
project will be consistent with American National Standard Institute
A300, Standard Practices for Woody Plant Maintenance.
B.
Fines for pruning, treating, or removing any tree within the City without the required arborist permit shall be five hundred dollars ($500.00) per separate offense and shall double for the second (2nd) separate offense, in addition to any other penalty provided in Section 100.190 of the University City Municipal Code.
[R.O. 2011 §12.08.080; Ord. No. 6670 §1 (part), 2006]
A.
Every
owner of any private tree overhanging any street or right-of-way within
the City shall prune such tree so that branches shall not severely
obstruct the light from a street light or obstruct the view of any
street intersection. The minimum clearance of any overhanging portion
of a tree shall be nine (9) feet, except where greater clearance is
designated by the City Forester. Every owner shall remove all dead,
decayed, diseased or hazardous private trees which may endanger any
person or adjacent property.
B.
When
there is a threat of danger from any dead, decayed, diseased or hazardous
private trees, the City Forester shall have the right to:
1.
Prune any tree or shrub when it interferes with the proper spread
of light along the street from a street light, or interferes with
visibility of any traffic control device or sign or sight triangle
at intersections;
2.
Remove or cause to be removed any dead or diseased tree when such
tree constitutes a hazard to life and/or property, or harbors insects
or disease which constitutes a potential threat to other trees within
the City; or
3.
Notify in writing the owners of such dead, decayed, diseased or hazardous
trees and require the owners to perform the work within the time frame
directed by the City Forester.
C.
Pruning
or removal, as the case may be, shall be done at the owners' expense.
In the event of failure of owners to comply with this provision, the
City shall have the authority to remove or prune such trees and the
cost of said removal or pruning shall be assessed to the owner as
provided by law in the case of special assessments. Such a special
assessment shall be certified by the City Forester to the Director
of Finance and shall thereupon become and be a lien upon the property
until paid.
D.
No
tree or tree limb which has been cut down, or which has fallen or
been broken down, shall be permitted to be removed to, to remain in,
or upon any public property, or so near thereto as to endanger any
person thereon, and it shall be the duty of the private property owner
to cause the same to be promptly removed, and it shall be unlawful
for any such owner to fail so to do.
E.
Emergencies. When in the opinion of the City Forester there
is an actual and immediate danger from a decayed, diseased or hazardous
tree or shrub which would endanger any person or property, or when
any tree or part thereof has fallen and any person or property is
endangered thereby, the City Forester is authorized and empowered
to take such action as may be necessary to render the tree, shrub,
or part thereof temporarily safe whether or not the notice procedure
in this Section has been instituted. The cost incurred in the performance
of any such emergency procedures shall be assessed to the property
owner as provided by law in the case of special assessments. Such
a special assessment shall be certified by the City Forester to the
Director of Finance and shall thereupon become and be a lien upon
the property until paid.
F.
Appeal To Special Assessment. Any special assessment may
be appealed pursuant to Section 505.150(B)(8), provided that the appeal
shall be filed within thirty (30) days after notice of the special
assessment is mailed to the property owner.
[R.O. 2011 §12.08.090; Ord. No. 6670 §1 (part), 2006]
A.
No
unauthorized person on any City property or right-of-way shall:
1.
Damage, cut, carve, transplant or remove any tree, shrub or plant
or injure the bark or roots;
2.
Pick flowers or seeds of any tree, shrub or plant;
3.
Attach any nail, staple, rope, wire or any other contrivance to any
tree, shrub or plant;
4.
Dig or otherwise disturb the root area, or in any other way injure
or impair the flow of oxygen and water to the roots;
5.
Cause or permit any wire charged with electricity to come in contact
with any tree, shrub or plant or allow any gaseous, liquid, or solid
substance which is harmful to such trees, shrubs or plants to come
in contact with them.
[R.O. 2011 §12.08.100; Ord. No. 6670 §1 (part), 2006]
It shall be unlawful for any person to interfere with the City
Forester or any other City employee while engaged in his or her duties
herein set forth in this Chapter.
