City of Lake Saint Louis, MO
St. Charles County
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Table of Contents
Table of Contents
ATTACHMENTS
245a Exhibit A
[CC 1988 §63.060 §1; Ord. No. 1671 §1, 12-3-2001]
A. 
The citizens and elected officials of Lake Saint Louis are concerned that new residential subdivisions and commercial/office developments may result in the loss of trees and vegetation which changes the character and ambiance of our 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, 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 stormwater 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 significant positive aesthetic benefits consistent with the established character of the City of Lake Saint Louis. The planting, maintenance and preservation of trees has a significant impact to help moderate the effects of sun, cold and wind and the reduction of pollution and it has a beneficial impact on the general overall well-being of the City of Lake Saint Louis. Therefore, the mitigation standards as set out in this Chapter apply to all properties within the City limits of Lake Saint Louis.
[CC 1988 §63.060 §2; Ord. No. 1671 §1, 12-3-2001; Ord. No. 2595 §1, 5-5-2008; Ord. No. 2916 §1, 12-6-2010]
As used in this Chapter, the following terms shall have these prescribed meanings:
CALIPER
The diameter of a tree six (6) inches above ground.
CANOPY TREES
Deciduous trees that have a minimum height of thirty (30) feet at maturity.
CFM
See Community Forest Manager.
COMMUNITY FOREST MANAGER (CFM)
The official (City Development Administrator or his/her designee) representative of the Tree Board and as such is responsible for administration of this Chapter and a Community Forestry Plan.
COMMUNITY FORESTRY PLAN
A written document that guides the work of the Tree Board and envisions a long-range plan for the preservation and improvement of the community urban forest. The Community Forestry Plan contains the City-wide street tree plan.
CONIFEROUS TREE
A tree that is typically evergreen such as pine, spruce, fir or hemlock.
DBH
The diameter of a tree at breast height which shall be measured at four (4) feet above ground.
DECIDUOUS TREE
A tree that typically loses its leaves or needles in the fall (autumn).
DEVELOPMENT
The performance of any building activity or the making of any material change to any structure or natural surface of land to include activities that change or 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 creation or termination of rights of access.
EVERGREEN TREES
Conifers that have a minimum height of thirty (30) feet at maturity.
LANDMARK TREES
A tree in fair or better condition which equals or exceeds these diameter sizes:
1. 
Large hardwoods (oaks, hickories, etc.) — twenty-four (24) inches DBH.
2. 
Large softwoods (pines, spruces, etc.) — twenty (20) inches DBH.
"Fair or better condition" is defined as a tree having a normal life expectancy, 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.
A lesser sized tree can be considered a landmark tree if it is a rare or unusual species, of exceptional quality or of historical significance. Landmark trees may be designated by the Lake Saint Louis Tree Board or the CFM.
LARGE TREES
Trees attaining a mature height of forty-five (45) feet or more and/or a mature spread of thirty (30) feet or more.
LIMIT OF DISTURBANCE
A line as shown on the site plan and tree preservation plan that identifies the limit of construction, grading or excavation activity of any kind. This line will typically delineate the tree preservation area.
MAINTAIN
To plant, mulch, water, trim as necessary and remove if dead or diseased.
MEDIUM TREES
Trees attaining a mature height of thirty (30) to forty-five (45) feet and/or a mature spread of twenty (20) feet or more.
NATURAL WATERCOURSE
A channel formed in the existing surface topography of the earth prior to manmade changes.
PARK TREES
Trees located in City-owned public parks.
PRIVATE COMMUNITY FOREST
All trees within municipal boundaries but not owned by the City.
PRIVATE TREE
A tree located on privately owned property (i.e. not owned by the City of Lake Saint Louis).
PUBLIC COMMUNITY FOREST
All street and park trees and other trees owned by the City as a total resource.
SHRUBS
Shall consist of any multi-stem, woody perennial plant that attains a maximum height of fifteen (15) feet at maturity.
[1]
SMALL TREES
Trees attaining a mature height of up to thirty (30) feet and a mature spread of approximately twenty (20) feet or less.
STREET TREES
Trees located on City-owned right-of-way along public streets.
TIMBER MANAGEMENT ACTIVITIES
Planting, growing, managing and harvesting trees specifically for use as a wood crop and under the direction of a forest management plan.
TRACT
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.
TREE
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.
TREE BANK
An account set up within the City of Lake Saint Louis financial system that will accept payments from tree replacement assessments imposed by the Lake Saint Louis tree ordinance or other sources that may arise. The tree bank funds shall be used to plant trees and maintain trees on public property within Lake Saint Louis.
TREE CANOPY COVERAGE
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.
TREE PRESERVATION AREA
The area on a site proposed for development that will not be disturbed by grading or storage of materials or disturbance of any kind. A "no-violation" zone that is typically bordered by the limit of disturbance line.
TREE PRESERVATION PLAN
(TPP) A map-based plan prepared by a certified arborist that delineates areas where trees are to be saved and details measures to be taken to ensure protection. The TPP will be at the same scale as the tree stand delineation map. It will identify the limit of disturbance line beyond which no grading will occur. It will also contain a table stating the total existing woodland area (canopy coverage), the woodland area required by this Chapter and the provided (protected) woodland area. Existing and proposed contours will be shown along with the location of all improvements (structures, drives, lots, utility lines, etc). A clear graphic indication of the tree preservation area will be shown on the TPP map and will include a description of all features available to identify it on the site (fencing, etc.). Trees twelve (12) inches in diameter and greater that are located within the tree preservation area and that are within fifty (50) feet of the limit of disturbance line shall be shown on the map and details about measures taken to protect them (if any) shall be described. Individual trees that are to be protected and that are not within woodlands shall be shown on the map and tree protection measures for each shall be described.
TREE REMOVAL PERMIT
A permit obtained from the Community Forest Manager when ten thousand (10,000) square feet or more of tree canopy coverage will be removed from a tract within a five (5) year period.
TREE STAND DELINEATION (TSD)
A detailed description and location of trees and other woody vegetation prepared in map and narrative form by a certified arborist. The tree stand delineation map is to provide a general accounting of existing vegetation so that conceptual design of proposed development can be performed using the delineation as a guide. Tree stand delineations are required at the time of rezoning requests and when applying for a tree removal permit. TSD map scale shall be one (1) inch equals sixty (60) feet or better for tracts up to and including twenty (20) acres in size. Tracts greater than twenty (20) acres shall have a map scale of one (1) inch equals one hundred (100) feet or better.
For tracts with five (5) acres or more of woodland, the TSD map shall identify the limits of stands of trees with similar characteristics (density, species, etc.); existing contours at two (2) foot intervals; locations of existing structures; existing water features; locations of landmark trees with identifying numbers by each; locations of existing roads; and the location of any significant, rare or State-listed champion trees. The location of all trees twelve (12) inches or greater in diameter (DBH) not within the boundary of a woodland (less than five thousand (5,000) square feet of contiguous canopy coverage) shall be shown on the map as well and the condition of each shall be rated as excellent, good, fair or poor based on its overall health.
For tracts with less than five (5) acres of woodland, the TSD map shall include all information required on tracts with five (5) acres or more of woodland and will also show the location of all trees greater than twelve (12) inches in diameter (DBH) within existing woodland and outside of existing woodland. The TSD narrative for tracts with woodlands of any size shall provide the acreage of each tree stand; a list of dominant and co-dominant species in each stand; density expressed in trees per acre for each stand; the average diameter of trees in the stand; frequency of occurrence for dominant species in each stand reflected as a percentage of the total number of trees in the stand; and a brief written description of the quality and character of each stand.
An aerial photo of the site at a scale similar to or equal to the TSD map may be included.
TREE TOPPING
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.
245 Tree Topping.tif
UNDERSTORY TREES
Deciduous trees that have a maximum height of less than thirty (30) feet at maturity.
VISTA PRUNING
Selectively pruning a window of view in a tree's canopy.
WATER BODY
An accumulation of water that is large enough to maintain ten thousand (10,000) square feet of surface area throughout the year.
WOODLAND
Any area over five thousand (5,000) square feet of tree canopy coverage having thirty percent (30%) or more of its trees two and one-half (2½) inches in diameter (DBH) or greater.
[1]
Editor's Note: Former definition for "sight triangle" was repealed 6-18-2018 by Ord. No. 3865.
[CC 1988 §63.060 §4; Ord. No. 1671 §1, 12-3-2001; Ord. No. 1715 §1, 5-6-2002; Ord. No. 1955 §1, 1-5-2004; Ord. No. 2595 §§2 — 3, 5-5-2008; Ord. No. 2604 §1, 6-16-2008]
A. 
Landscaping and tree planting are required in all new property developments. Required minimum landscaping and tree planting shall include the following:
1. 
Street trees. Trees shall be planted along all streets, whether streets are existing or to be built as part of development and whether streets are, or are intended to be, public or private, in accordance with the following:
[Ord. No. 3865, 6-18-2018]
a. 
Trees shall be planted at a ratio of at least one (1) tree for every forty (40) feet of street frontage; or, at least two (2) trees for each single-family lot. Homes on corner lots and double frontage lots will have to meet this requirement on all streets on which the lot has frontage.
b. 
Trees shall have a minimum two and one-half (2 1/2) inch caliper and be of a deciduous species approved by the City.
c. 
Trees are to be planted in the right-of-way or within five (5) feet of the right-of-way.
d. 
Trees shall not obstruct motorist line of sight in accordance with Section 245.080.
e. 
Trees may be clustered, as opposed to being spaced evenly.
f. 
The number and location of required trees may be modified by the Community Development Director in instances where there are existing trees on site that meet the intent of these standards or there are site constraints which prevent strict compliance with these standards.
2. 
Parking lot trees. Parking lots shall be landscaped with at least one hundred (100) square feet of landscaped planting area and one (1) two and one-half (2½) inch caliper tree for every seven (7) parking spaces. The landscaped planting area minimum dimension in any direction shall be six (6) feet. Trees planted in these landscaped planting areas shall be situated a minimum of three (3) feet from any curb. All compacted soil and roll split within the area to be landscaped shall be removed to a depth of not less than two (2) feet and shall be backfilled with topsoil. The configuration of the landscaped planting areas and the spacing of these trees shall be determined during the site plan review process and shall be arranged to maximize the amount of shaded areas within parking lots.
3. 
Screening and transition strip requirements. Screening and transition strips as required for various developments are based on proposed land use and the land use of adjacent properties. See Table 1 and Exhibit "A" for specific screening and transition strip requirements, as determined by the CFM.
Mix and size of plant material at time of planting. At time of planting, the following mix and size of plant materials will be required:
a. 
Type 1: Canopy/shade trees: ten percent (10%) at four (4) inch caliper, twenty percent (20%) at three (3) inch caliper and seventy percent (70%) at two (2) inch caliper.
b. 
Type 2: Evergreen trees: ten percent (10%) at ten (10) foot height, twenty percent (20%) at eight (8) foot height and seventy percent (70%) at six (6) foot height.
c. 
Type 3: Understory trees: ten percent (10%) at two and one-half (2½) inch caliper, twenty percent (20%) at two (2) inch caliper and seventy percent (70%) at one and one-half (1½) inch caliper.
d. 
Type 4: Shrubs: one hundred percent (100%) at two (2) foot height.
e. 
Standard Shade Trees (Types 1 and 2) - For Bagged and Balled (B&B) trees, measure by caliper. For Bare Root (BR) trees, by height from ground line to top branch tip if less than or equal to eight (8) feet. If above height limit, then grade by caliper.
f. 
Small Upright/Spreading Trees (Types 3 and 4) - For B&B and BR trees, by height from ground line to top branch tip if less than or equal to six (6) feet. If above height limit, then grade by caliper.
Caliper measurement — at six (6) inches above ground line if less than or equal to four (4) inches or at twelve (12) inches from ground if greater than four (4) inches.
4. 
Landscaping plan. A landscaping plan, demonstrating proposed compliance with the above requirements, is required for all new property developments and shall be submitted in the following manner:
For a proposed subdivision of property, whether for the subdivision of residential or non-residential property, landscaping plan, recommended by the City's arborist/ horticulturist, shall be submitted to and approved by the Planning and Zoning Commission prior to recording of final plat.
For a property development not requiring the subdivision of property, landscaping plan, recommended by the City's arborist/horticulturist, shall be submitted to and approved by the Planning and Zoning Commission prior to the issuance by the City of a grading permit.
5. 
More demanding of apparently conflicting provisions of Code to apply. When a proposed development project involves the following four (4) zoning districts:
a. 
"CB" Community Business District;
b. 
"OP" Office And Research Park District;
c. 
"LI" Light Industrial District;
d. 
"BP" Business Park District;
Compare the buffering requirements of those zoning districts with the buffering requirements of Chapter 245: "Tree Preservation". If the buffering requirements of those zoning districts are more stringent than the buffering requirements of Chapter 245: "Tree Preservation", the more restrictive requirements will be implemented for the proposed development project.
[CC 1988 §63.060 §5; Ord. No. 1671 §1, 12-3-2001; Ord. No. 2457 §1, 5-7-2007; Ord. No. 2526 §1, 11-5-2007; Ord. No. 2916 §2, 12-6-2010; Ord. No. 3169 §1, 4-15-2013]
A. 
A tree removal permit is required to remove or destroy ten thousand (10,000) square feet of tree canopy coverage or more within a five (5) year period on a single tract greater than three (3) acres in size. A tree removal permit may be obtained from the Community Forest Manager. The removal of diseased or dead trees and trees which have been declared a public nuisance by the CFM is exempt.
B. 
A tree removal permit is required to remove a landmark tree as defined in Section 245.020. The landmark tree may be removed if it is permitted to be removed by the Lake Saint Louis Arborist.
C. 
On non-residential properties, regardless of size, a tree removal permit is required to remove or destroy trees equal to or greater than four (4) inches DBH and located within one hundred (100) feet of the shoreline of Lake Saint Louis or Lake Saint Louise. Application for said permit shall be made to the Community Forest Manager and shall include a Tree Stand Delineation Study (TSD), as described in Section 245.020 above, for tracts with less than five (5) acres of woodland, except that the document shall identify all existing trees four (4) inches DBH or greater located within one hundred (100) feet of the shoreline of Lake Saint Louis or Lake Saint Louise, and a Tree Preservation Plan (TPP), as described in Section 245.020 above, except that the document shall identify all existing trees four (4) inches DBH or greater located within one hundred (100) feet of the shoreline of Lake Saint Louis or Lake Saint Louise to be saved or removed. The map scale for a TSD and TPP under this Subsection shall be one (1) inch equals twenty (20) feet. The Tree Preservation Plan shall include an erosion control plan, acceptable to the City's Chief Building Official.
In lieu of removal, property owners may raise the canopy of any individual tree up to one-third (1/3) the height of the tree without petitioning the Community Forest Manager. Property owners may vista prune trees per ANSI standards.
D. 
Tree Removal Permit Procedures.
1. 
Submit a tree stand delineation (TSD — see definitions); a site development plan (if applicable); and a tree preservation plan (TPP — see definitions) to the Community Forest Manager.
2. 
The developer shall post a surety or cash escrow for the benefit of the City of Lake Saint Louis to account for trees that die, or are damaged beyond repair, as a result of grading or construction damage within a two (2) year period after the issuance of final occupancy permits. The amount of the surety required shall be in the amount of two thousand dollars ($2,000.00) for each acre of the tree preservation area or ten thousand dollars ($10,000.00), whichever is more.
3. 
All tree removal permit requests shall be reviewed by the CFM for compliance with these regulations and either approved, approved with conditions, returned for revisions or denied within thirty (30) days of receipt. Approval will be based upon the reasonable efforts to preserve trees on the site as determined by the CFM after consultation with the City Tree Board.
4. 
All landmark tree removal applications shall be submitted by the property owner to the City Arborist for review. The review shall include a site review by the Arborist. The Arborist shall grant the application to remove the tree if one (1) of the following is met:
a. 
Property owner's property or personal safety is compromised by the landmark tree.
b. 
The landmark tree is under stress and the Arborist determines that it will soon die.
c. 
Property owner wants to make property improvements that are allowed in the zoning district and which require the removal of the landmark tree.
5. 
In the event the CFM or the Arborist reviewing landmark tree permits denies a tree removal permit application, the applicant may appeal such decision to the City’s Board of Adjustment.
[Ord. No. 3212 §1, 10-7-2013]
E. 
Tree Removal Limits. No more than seventy percent (70%) of any woodland on a tract may be cleared or developed. The remaining thirty percent (30%) shall be maintained as woodland without disturbing the roots of trees in the protected woodland.
Existing woodlands within one hundred (100) feet of natural watercourses or water bodies shall be protected. An exception will be granted if the only access to the site is through the natural watercourses or water body. These woodlands and landmark trees will take precedence over all other trees on the tract for protection.
F. 
Tree Replacement Assessment.
1. 
Prior to issuing any occupancy permits, should any preserved tree die or become damaged as a result of grading or construction, the developer will pay an assessment equal to the value of the trees that die, are damaged or are removed. 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 will withhold any occupancy permits until the assessment is paid.
2. 
Within a two (2) year period after the occupancy permit is issued, the developer shall replace protected trees that die or are damaged beyond repair, as a result of grading or construction damage, as determined by a certified arborist. The number of replacement trees is determined by matching the combined caliper of trees to be planted with the diameter (DBH) of trees that were lost. Failure to plant successfully shall constitute default and the City of Lake Saint Louis shall be entitled to proceed against the surety or cash escrow. Replacement will be planted on site unless the density of the planting becomes unreasonable. In such cases that all replacement trees cannot be planted on site (at the discretion of the Community Forest Manager), the trees can be planted on publicly owned sites in the City of Lake Saint Louis (at a site approved by the Community Forest Manager) or tree bank arrangements can be made by the Community Forest Manager.
G. 
Special Conditions.
1. 
A request for special conditions may be made to the Community Forest Manager if more than seventy percent (70%) of the woodland on a site needs to be removed. Special condition requests are only allowed for sites where a site development plan has already been approved or on sites where the owner can provide evidence of extreme topography, uniqueness, unusual lot shape or similar circumstance which results in an inability to provide tree preservation as specified in Section 245.030 of this Chapter. Approval of the special condition request is at the discretion of the Community Forest Manager after consultation with the City Tree Board.
2. 
If the special condition request is approved, the applicant must mitigate the loss of the thirty percent (30%) woodland area that would have been retained as per this Chapter. The mitigation shall be the replanting of new trees in an amount that equals or exceeds the total combined diameter of the trees to be removed. (A tree stand delineation survey performed by a certified arborist can be used as the basis for the total combined diameter of trees to be planted.) A mitigation planting plan shall be submitted that shows the location, size, species, etc. of trees that are to be planted on-site. If spatial limitations prohibit the ability to replant all required trees on the site, the Community Forest Manager can accept a plan to plant the additional trees on a site owned by the City of Lake Saint Louis. Alternately, the CFM can accept a cash payment into an established tree bank (held by the City of Lake Saint Louis) for use by the City to plant or maintain public trees in the future. The cash payment will equal the reasonable cost to plant the required trees.
H. 
Implementation Of Protection Measures During Construction. Prior to the commencement of any grading on any property protected under this Chapter of the Municipal Code, the Certified Tree Arborist, having prepared the Tree Stand Delineation Study (TSD) and the Tree Preservation Plan (TPP) for the property in question, will mark on the property, with construction fencing or other appropriate barricade, the limits of disturbance beyond which no grading will occur as such limits are identified on the approved TPP and will, furthermore, implement on the ground any and all other measures called for on the approved TPP, which are designed to protect woodland (canopied) areas and individual trees twelve (12) inches in diameter or greater. As necessary and as determined by the City of Lake Saint Louis, the Certified Tree Arborist, having prepared the Tree Stand Delineation Study (TSD) and the Tree Preservation Plan (TPP) for the property in question, will be responsible for the maintenance of required protection measures throughout the construction of the project until a certificate of occupancy or other final permit is issued.
[CC 1988 §63.060 §6; Ord. No. 1671 §1, 12-3-2001; Ord. No. 2526 §2, 11-5-2007]
A. 
Persons or firms engaged in the business or occupation of pruning, treating or removing any tree over twelve (12) inches DBH in the private community forest and public community forest, including street trees, park trees or other public owned trees, must obtain an arborist permit to be issued by the City. Permits may be obtained from the Community Forest Manager or his/her designee for a fee 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. Issuance of a permit also requires that a minimum of one (1) person within the firm be recognized by the International Society of Arboriculture as a certified arborist or tree worker. A copy of the tree ordinance and community forest plan shall be issued with the permit.
B. 
Fines for engaging in the business or occupation of pruning, treating or removing any public or private tree within the City of Lake Saint Louis without a permit shall be five hundred dollars ($500.00) per offense and shall double for the second (2nd) separate offense.
C. 
Fines for removing a residential landmark tree without a permit shall be decided by the Municipal Judge and not exceed five hundred dollars ($500.00) per offense. At the discretion of the Municipal Judge, the imposed fine may be to replace the landmark tree with another tree of the same species as the landmark tree and said fine shall purchase the replacement tree and be planted by the violator. If the Arborist determines it is not feasible to plant a replacement tree on the site of the violation, the Municipal Judge may order the replacement tree to be planted on City property. In this event, City park employees will plant the tree.
D. 
All work on public and private trees will be consistent with American National Standard Institute A300, Standard Practices for Woody Plant Maintenance.
E. 
Tree topping by any persons or firms engaged in the business or occupation of pruning, treating or removing any public or private tree is unlawful and punishable by a fine of five hundred dollars ($500.00) per offense.
[CC 1988 §63.060 §7; Ord. No. 1671 §1, 12-3-2001]
A. 
Park trees shall be maintained by the Parks Department.
B. 
Street trees shall be maintained by the adjoining property owner. If there is not an adjoining private property, then the street trees shall be maintained by the Public Works Department.
C. 
The City shall have the right to maintain trees on public property as may be necessary to insure the public safety.
D. 
All work on public and private trees will be consistent with American National Standard Institute A300, Standard Practices for Woody Plant Maintenance.
E. 
Tree topping by any persons or firms engaged in the business or occupation of pruning, treating or removing any public or private tree is unlawful and punishable by a fine of five hundred dollars ($500.00) per offense.
[CC 1988 §63.060 §8; Ord. No. 1671 §1, 12-3-2001; Ord. No. 3549 §1, 5-16-2016; Ord. No. 3909, 9-17-2018[1]]
A. 
It shall be unlawful for the owner of any lot or parcel of ground in the City to maintain or allow to stand upon such lot or parcel of ground any tree or tree limb which, due to a diseased, decayed or hazardous condition or for any other reason, endangers or is likely to injure any person in and upon City own property.
B. 
It shall be the duty of the owner of any lot or parcel of ground in the City to properly cause such trees or tree limbs as are described in Subsection (A) of this Section to be cut down, and no tree or tree limb in the City which has been cut down or which has fallen or been broken down shall be permitted to remain in or upon any City owned property.
C. 
Procedure.
1. 
Notice to prune, remove or treat. Should any person owning real property bordering on any street fail to prune, remove or treat trees as herein above provided, the CFM shall order such person, within thirty (30) days after receipt of proper written notice has been given, to so prune, remove or treat such trees.
2. 
Order required. The order required herein shall be served by mailing a copy of the order to the last known address of the property owner by certified mail.
3. 
Appeal. The property owner has the right to appeal the notice to prune, remove or treat by appealing to the Board of Adjustment in writing. The property owner may present any evidence or exhibits to support his/her position that the tree does not need to be pruned or removed or that the cost of the "order" is excessive. If the Board should uphold the order, the property owner has an additional ten (10) days from the Board's decision to complete the required pruning, removal or treatment.
4. 
Failure to comply. When a person to whom an order is directed shall fail to comply within the specified time, it shall be lawful for the municipality to prune, remove or treat such trees, and the exact cost thereof shall be assessed to the owner as provided by law in the case of special assessments.
[1]
Editor's Note: Ord. No. 3909 also changed the title of this Section from "Duty of Property Owners — Decayed, Diseased or Hazardous Trees" to "Duty Of Property Owners — Public Nuisance On Private Property."
[CC 1988 §63.060 §9; Ord. No. 1671 §1, 12-3-2001]
A. 
It shall be unlawful for any person who owns, manages or occupies any premises within the City to allow trees, shrubs, plants or other vegetation to be planted or allowed to grow in such a manner as to materially obstruct motorist line of sight accessing street right-of-way from private driveways, private streets or alleys, and public streets. The sight distance criteria as adopted in or by the "Engineering and Plan Preparation Manual for Public Facilities," found in Appendix A to Title V shall be used for determining the required line of sight.
[Ord. No. 3865, 6-18-2018[1]]
[1]
Editor's Note: Ord. No. 3865 also changed the title of this Section from "Obstructions in Sight Triangle and Street Right-Of-Way" to "Obstructions To Motorist Line Of Sight At Street Right-Of-Way."
B. 
Owners shall trim all vegetation that obstructs the view or passage on any street, sidewalk or bike path. Street tree limbs shall be pruned to fourteen (14) feet or more in height above the road elevation. Dead limbs shall be removed to prevent becoming a hazard to the motoring and pedestrian public. All vegetation shall be trimmed so it shall not obstruct any street or traffic sign.
[CC 1988 §63.060 §10; Ord. No. 1671 §1, 12-3-2001; Ord. No. 3549 §2, 5-16-2016; Ord. No. 3909, 9-17-2018]
It shall be unlawful for any person to damage, cut, kill or remove any tree in violation of this Chapter or maintain or allow to stand upon a lot or parcel any tree or tree limb which, due to a diseased, decayed or hazardous condition or for any other reason, endangers or is likely to injure any person in and upon City owned property, or cause damage to City owned property, including but not limited to public streets, public sidewalks and City parks, or to interfere with the Tree Board or City employee engaged in or about the planting, cultivating, mulching, pruning, spraying or removing any trees in the public community forest. Any violator shall, upon conviction, be found guilty of a misdemeanor punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment of five (5) days, or both, for each tree cut, killed or removed in violation of the Chapter, unless otherwise specified in this Chapter.
Table 1. Proposed Development or Zoning Change
Adjacent Existing Zoning
Single-Family
Multi-Family Use
Commercial Use
Industrial Use
Single-Family Residential, including Non-Urban
not required
A
A or B
C or D
Multi-family, Planned residential
A
not required
A or B
C or D
Commercial (Community Business District, Office and Research Park, Planned Development)
A or B
A or B
not required
C or D
Industrial (Light Industrial, Highway Commercial)
C or D
C or D
C or D
not required