[Ord. No. 1150 §1, 4-18-2007]
This Chapter shall be known and may be cited as the Municipal
Tree and Landscape Regulations of the City of Dardenne Prairie, Missouri.
[Ord. No. 1150 §1, 4-18-2007]
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 runoff 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.
[Ord. No. 1150 §1, 4-18-2007]
For the purposes of this Chapter, the following terms shall
be deemed to have the meanings indicated:
Any employee or representative of the City of Dardenne Prairie
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.
A manual prepared by the City of Dardenne Prairie 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 Dardenne Prairie.
This manual is made available to the general public at the Dardenne
Prairie City Hall.
The representative of the City of Dardenne Prairie who by
ordinance works under the administrative direction of the Mayor in
superintending all activities of the City and its employees.
Property within the City limits of the City of Dardenne Prairie,
Missouri, and:
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.
The total linear feet of property that borders a street,
road, avenue or any other designated area for vehicular traffic.
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.
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.
Trees, shrubs, bushes, vines, grasses, ground covers and
all other woody or herbaceous vegetation.
The legal, record titleholder of any parcel of land.
Plant material that originates on City-owned property or
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.
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
(⅓) of the tree canopy.
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.
[Ord. No. 1150 §1, 4-18-2007]
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 Dardenne Prairie 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.
[Ord. No. 1150 §1, 4-18-2007]
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 Dardenne Prairie, the standards of
the "Arboricultural Specifications Manual" and the requirements of
this Chapter.
[Ord. No. 1150 §1, 4-18-2007]
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 Dardenne Prairie City
Hall, 2032 Hanley Road, Dardenne Prairie, 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 to a depth in excess of one (1) foot
below grade 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 Dardenne Prairie.
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 Dardenne Prairie.
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 permit 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.
[Ord. No. 1150 §1, 4-18-2007]
A.
Except for public nuisances as set for in Section 515.080, 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 Dardenne Prairie respecting burning.
5.
Remove any plant material located on the common ground of a subdivision.
Notwithstanding the foregoing, it shall not be a violation of this
Section for a person to remove plant material located on the common
ground of a subdivision if such removal is for the purposes of replacing
seasonally inappropriate plant material with new plant material.
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 515.120 of this Chapter.
[Ord. No. 1150 §1, 4-18-2007]
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 515.060 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 215.010 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.
[Ord. No. 1150 §1, 4-18-2007]
[Ord. No. 1150 §1, 4-18-2007; Ord. No. 1264 §1, 1-16-2008]
A.
This
Section is adopted in conjunction with the zoning and subdivision
regulations and administrative policies of the City of Dardenne Prairie.
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
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.
Any variation from an approved landscape plan must be approved by
the City.
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". Landscape plans for areas zoned P.U.D. may have more stringent
requirements.
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 Dardenne Prairie;
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 Dardenne Prairie 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 Dardenne Prairie,
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 Dardenne Prairie.
(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 Dardenne Prairie 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. Except as may be otherwise provided in the Dardenne Prairie SmartCode,
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. Except as may be otherwise provided in the Dardenne
Prairie SmartCode, 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". Landscape plans for areas zoned PUD may have
more stringent requirements.
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 Dardenne Prairie;
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 Dardenne Prairie 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 Dardenne Prairie,
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 Dardenne Prairie.
(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 Dardenne Prairie 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:
[Ord. No. 1916, 6-6-2018]
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 61874-99021).
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 Dardenne Prairie. The escrows shall be provided as outlined in Section 515.100A(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 Dardenne Prairie shall be entitled to proceed
against the escrow.
g.
Notwithstanding the foregoing, the Board of Aldermen may authorize a permit to develop more than fifty percent (50%) of any woodlands concurrent with a landscape plan approved as part of a planned unit development area plan pursuant to Article IV of Chapter 405 of this Code, subject to any terms and conditions as may be set forth in the ordinance approving such area plan. Factors that the Board of Aldermen may consider when authorizing such permit may include, inter alia, the following:
5.
It shall be a violation of this Chapter to plant trees that will
grow tall or wide enough to reach overhead power lines. Trees planted
under power lines should not grow higher than twenty-five (25) feet
when mature. Trees that grow into lines pose serious safety risks
and are a major cause of power outages during storms. The City may
ask property owners to address trees threatening power lines. Tall-growing
trees (higher than twenty-five (25) feet when mature) shall be planted
at least twenty-five (25) feet away from overhead lines.
[Ord. No. 1150 §1, 4-18-2007]
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.
[Ord. No. 1150 §1, 4-18-2007]
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.
