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City of Overland, MO
St. Louis County
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Table of Contents
Table of Contents
[Ord. No. 2016-17 §1, 9-26-2016]
This Chapter shall be known and may be cited as the "Tree Preservation and Restoration Ordinance of the City of Overland, Missouri."
[Ord. No. 2016-17 §1, 9-26-2016]
The purpose of the Section is to set forth regulations for land alteration relating to development, the preservation and protection of trees, and the installation and maintenance of landscaping.
[Ord. No. 2016-17 §1, 9-26-2016]
The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
CALIPER OR DIAMETER AT BREAST HEIGHT (DBH)
A measurement of the size of a tree equal to the diameter of its trunk measurement at four and one-half (4 1/2) feet above natural grade. If a tree splits into two (2) or more trunks below four and one-half (4 1/2) feet, then the trunk is measured at its most narrow point below the split. For newly planted trees the caliper measurement will be taken six (6) inches above natural grade.
CHAIRMAN
The chairman of the commission.
COMMISSION
The Planning and Zoning Commission of the City of Overland, Missouri.
CRITICAL ROOT ZONE (CRZ)
An area drawn for each tree surveyed which represents the average root system. The average root system follows the crown drip line extending from the outer surface of a tree's branch tips to the ground. CRZs vary depending upon tree species, tree size, soils and moisture level, but shall always be deemed to incorporate a minimum distance of ten (10) feet beyond the defined boundary of the tree's root system.
DISTURB
Shall include the intentional or unintentional removal, destruction or killing of any tree, other than as provided by this Chapter.
GRAND TREE
A tree in fair or better condition which equals or exceeds the following diameter sizes: Large hardwoods (e.g., oaks, hickories, etc.) 24-inch DBH; large softwoods (e.g., pines, spruces, etc.) 20-inch DBH; small trees (e.g., dogwood, redbud, etc.) 12-inch DBH. A tree in fair or better condition is defined as having a life expectancy of greater than fifteen (15) years, a relatively sound and solid trunk with no extensive decay, no more than one (1) major and several minor dead limbs (hardwoods only), and no major insect or disease problems.
GROVE
Any grouping of eight (8) or more trees each having eighteen (18) inches or greater caliper with no tree trunk farther than thirty (30) feet from any other tree trunk in the group.
SPECIMEN VEGETATION
A unique grouping of rare or unusual plants justifying preservation pursuant to any established Federal, State or local guideline, including those established in the Tree Manual.
TIMBER SALE
The cutting, removal or other disturbance of trees affecting seven thousand five hundred (7,500) square feet or more of tree canopy coverage area for the purpose of selling or harvesting such trees or maintaining the health of a wooded area.
TREE
A woody plant that grows mostly upright as a single or multiple stem that may eventually attain a height of fifteen (15) feet or more.
TREE CANOPY COVERAGE
The area in square feet of a tree's spread.
1. 
Existing tree canopy is determined by measuring the ground's surface area that is covered by the branch spread of a single tree or clump or grove of trees.
2. 
Ultimate tree canopy, to be used where replanting is required, is determined by assigning the following values for planted trees: One thousand (1,000) square feet for a large shade tree or major street tree; seven hundred (700) square feet for each medium street tree and most conifers and three hundred (300) square feet for small flowering trees. The Tree Manual contains a list of approved restoration tree species and their categories.
TREE MANUAL
A document, adopted by this Chapter and on file in the City offices, having detailed instructions for preparing and evaluating tree preservation plans, grading, planting and protection of all types of vegetation. The commission may make amendments to the specifications, standards and procedures in the Tree Manual for application of this Chapter and such amendments shall become effective upon order, resolution or other approval of the Council.
TREE PRESERVATION PLAN (TPP)
A site plan prepared by an approved professional that delineates tree save areas and details measures to be taken to ensure protection and survivability of trees to be saved, prior to and during construction, and also complies with guidelines which are listed in the Tree Manual. A tree preservation plan should include a tree stand delineation.
TREE STAND DELINEATION (TSD)
A detailed description and location of trees and other woody vegetation on the site prior to any proposed land disturbance, prepared in map form, as specified in the Tree Manual. The tree stand delineation is to be prepared using the proposed development plan as a base map so that decisions can be made with respect to preserving existing vegetation.
[Ord. No. 2016-17 §1, 9-26-2016]
No grading permit, excavation permit, subdivision plat or subdivision sketch plan (if a sketch plan is submitted) shall be granted or approved by the City until a tree preservation plan has been filed with and approved by the commission in connection with the proposed land disturbance. The tree preservation plan shall be included as part of a proposed grading plan, excavation plan, subdivision preliminary plat or subdivision sketch plan (if a sketch plan is submitted) or may be a supplement to such plan or plat. The tree preservation plan shall ensure the protection of remaining trees and vegetation on any site subject to authorized land disturbance and shall include such specifications, standards and precautionary measures as prescribed by the commission pursuant to the guidelines in the Tree Manual.
[Ord. No. 2016-17 §1, 9-26-2016]
No grading permit, excavation permit, subdivision plat or subdivision sketch plan (if a sketch plan is submitted) shall be granted or approved unless at least thirty percent (30%) of all tree canopy coverage on land not within any building setback area (required by applicable zoning or subdivision regulations) shall be retained and undisturbed. Where land disturbance is requested in conjunction with development of more than one (1) parcel of land, or where the development will require subdivision into more than one (1) parcel, the setback areas shall apply and be determined by lot according to the preliminary plat or sketch plan (if a sketch plan is submitted) for the proposed development. Redevelopment, resubdivision or amended platting of land after the tree preservation plan has been implemented shall not be permitted to defeat or avoid the tree preservation requirements of this Chapter first applied to the site, and approval of such redevelopment may be conditioned upon restoration of trees to equal the previous tree preservation plan. Where excavation is requested for an approved commercial use, the commission may allow replantings, or existing trees designated to remain after grading, anywhere on the site to count towards the required tree canopy coverage.
[Ord. No. 2016-17 §1, 9-26-2016]
A. 
General Standards-Variances. In addition to all other standards for land disturbance established by law, all approved land disturbances on sites containing any trees shall also conform to the specifications and standards established by the Tree Manual, all requirements established by an approved tree preservation plan, and any other requirements or conditions imposed by the commission consistent with this Chapter. The tree preservation standards required by this Chapter may not be varied by any city officer or the commission except as necessary for construction pursuant to an approved final site plan, planned zoning development, conditional use permit, approved subdivision plat or approved final site plan (or section plan where applicable) specifically authorizing a modification of this standard. Any variance shall be no more than is necessary to complete the construction or use approved, and the commission or approving body may, when feasible, condition a permit upon the restoration or relocation of trees or vegetation on the site in an amount or quality sufficient to offset or ameliorate the variance. A variance shall not be deemed "necessary" where feasible changes in design or construction location or technique could reduce or eliminate the amount of variance.
B. 
Timber Sales. Notwithstanding anything in this Chapter to the contrary, timber sales shall be permitted as authorized by this Subsection. Any person desiring to undertake a timber sale shall request a permit from the commission. Permit applications shall include a timber management plan from a professional forester or other approved professional indicating that the cutting of trees constitutes a thinning or harvesting that ensures continued health and existence of the woodland. The timber management plan shall specify an acceptable method of regeneration for the area to be harvested and shall conform to the standards established by the Missouri Department of Conservation, or such other designated agency, for proper management of tree farms and timber sales. Unless waived by the commission for good cause, no permit for a timber sale shall be granted for any area more than once every ten (10) years.
C. 
Exceptions. Nothing in this Chapter shall apply to a disturbance of trees constituting forest crops regularly harvested (e.g., Christmas tree farms, nursery stock, etc.).
[Ord. No. 2016-17 §1, 9-26-2016]
Grand trees and specimen vegetation shall not be disturbed except where it is necessary to permit construction or a use specifically authorized by a planned zoning, conditional use permit, approved subdivision plat or sketch plan, or approved final site plan (or section plan where applicable) granted by the commission, or as may otherwise be permitted by the Tree Manual.
[Ord. No. 2016-17 §1, 9-26-2016]
A. 
Restoration Required. Any tree disturbed in violation of this Chapter or an approved tree preservation plan shall be replanted and restored within six (6) months according to the standards set forth in the Tree Manual. Any tree or tree areas identified to be retained on any tree preservation plan that do not remain alive for a period of at least thirty (30) months after the development of the site or stage ceases shall be rebuttably presumed to be "disturbed" in violation of this Chapter and shall be restored or otherwise mitigated as required herein.
B. 
Supplemental Bond. In determining the amount of any bond to be submitted to secure a grading permit, excavation permit, subdivision preliminary plat or subdivision sketch plan, the commission shall include such amount as to ensure restoration of trees and to compensate the site for such other losses, including loss of topsoil, as may occur from a disturbance of trees in violation of this Chapter or an approved tree preservation plan. The additional bond amount established by the commission shall include the amounts set forth in the Tree Manual for the restoration or loss of trees. The commission may allow a reduction in the amount of the bond where the land disturbance is subject to stages, provided that no new stage is commenced until all restoration of the precedent stage is completed. If the restoration required by this Section is not completed within the time allowed, the commission may cause the bond to be used for such restoration. Upon completion of all construction and development within the site, any unused portion of the bond not used for restoration or unrestorable losses shall be returned to the permittee; provided, however, that not less than fifteen percent (15%) of the original amount shall continue to be held by the City of Overland for a period of thirty (30) months to guarantee survival or restoration for such period of any replanted trees or trees required to have been preserved. Any net amounts retained due to violations causing loss of trees in size or character that cannot be similarly replaced shall be transferred to a trust fund established for tree preservation and replacement to mitigate improper tree disturbance, or returned to the permittee if no such appropriate fund exists or is established within thirty (30) months from the effective date of this Chapter. Notwithstanding any expenditure of the bond by the City of Overland, the person obtaining the land disturbance permit shall remain responsible for remedying any uncured violations of this Chapter. The Director of Public Works, with the consent of the chairman, shall have the authority to increase or decrease the bond amounts and release provisions of this Chapter where under the circumstances such alteration would comply with the intent of this Chapter.
C. 
Authorization For Action By City Attorney. The City Attorney shall be authorized to take any other action to enforce the provisions of this Chapter or to remedy any violation including seeking injunctive action or damages for such violations.
[Ord. No. 2016-17 §1, 9-26-2016]
A. 
It shall be unlawful for any person to do any of the following acts on public property or a public right-of-way:
1. 
Attach any sign, advertisement, notice or any other object, except for normal installation and maintenance devices or objects installed by the City of Overland or any authorized agent of the City, to any tree or shrub or in any flower bed in the public right-of-way, parks or any other public property in the City.
2. 
Damage, cut, deface, destroy, top or injure any tree, shrub or plant by placing salt, brine, petroleum products, weed killers, concrete washout or any other substance in such an amount as to be injurious to any tree or shrub growth planted in the public right-of-way or upon any park or public property. This provision shall not apply to any ordinary care and maintenance or removal of hazardous trees by a governmental entity authorized to exercise jurisdiction over the public right-of-way, parks or other public property.
3. 
Place or store cement, asphalt, soil or any other substance in the public right-of-way or on any public place which impedes access of air and water to the critical root zone of any tree or shrub planted in the public right-of-way or any other public place.
4. 
Permit any tree, shrub, plant or other item on any person's property to hang over or branch in such a way as to obstruct or obscure street lights, traffic signs, traffic signals or pedestrian or vehicular access on public rights-of-way, or obstruct the view of any street intersection.
5. 
Cause damage to any trees or shrubs in the public right-of-way due to excavation or construction without replacement as prescribed by Section 420.080(A), restoration required.
[Ord. No. 2016-17 §1, 9-26-2016]
It shall be the duty of the Director of Public Works or his/her designee to enforce the provisions of this Chapter.
[Ord. No. 2016-17 §1, 9-26-2016]
A. 
Any person damaging, cutting, defacing or injuring any tree or shrub on any public property or public right-of-way shall be responsible to pay for any remedial costs in addition to such penalties as may be imposed.
B. 
Each property owner shall cause said property to be kept free from any trees, limbs or other items encroaching on or over any public property or public right-of-way in violation of any ordinance by removing or altering said encroaching items in a manner approved by the Director of Public Works or his/her designee. Failure of any property owner to remove or alter encroaching items shall constitute cause for the City to abate said encroaching items as set forth in this Chapter.
[Ord. No. 2016-17 §1, 9-26-2016]
The Director of Public Works or his/her designee shall have the authority to order the removal of trees or vegetation on private property that endanger the life, health, safety or property of the public and thereby constitute a nuisance. Failure of any property owner to remove said nuisance shall constitute cause for the City to abate said nuisance as set forth in this Chapter.
[Ord. No. 2016-17 §1, 9-26-2016]
A. 
When the Director of Public Works or his/her designee ascertains knowledge of encroaching items or nuisances in violation of this Chapter, the Director of Public Works or his/her designee serve written notice to the owner or other person in control of such property, which such notice shall state at a minimum:
1. 
That encroaching items or nuisances exist on said property in violation of this Chapter;
2. 
A description of the encroaching item or nuisance;
3. 
That the recipient of the notice is ordered to abate the encroaching item or nuisance within ten (10) days after the notice is served;
4. 
That the property owner may file a written request for a hearing before the Director of Public Works on the question of whether encroaching items or nuisances exist upon such property; and
5. 
That if the encroaching items or nuisances are not removed or altered in a manner approved by the Director of Public Works or his/her designee within said 10-day period, the Director of Public Works or his/her designee, may have the encroaching items or nuisances removed and altered, and the costs of the same shall be assessed against such property and may be included in a special tax bill or added to the annual real estate tax bill for the property and collected in the same manner and procedure for collecting real estate taxes.
B. 
The notice to the owner or other person in control of such property described above in Subsection (A) shall be served in any one (1) of the following ways:
1. 
By causing said notice to be hand delivered to such owner, such owner's agent, an occupant whose age is fifteen (15) years or more, or other person in control of such property.
2. 
By posting a copy of such notice upon the property in question, said notice to be deemed served at the end of twenty-four (24) hours after the posting thereof.
3. 
By mailing such notice or copy thereof by certified mail, return receipt requested, postage prepaid, directed to such owner or other person in control of said property, either at his/her place of business or residence, said notice to be deemed served twenty-four (24) hours after the mailing of said notice in case it is directed to the business or residence address of the owner or other person in control of said property, provided that if the said owner or other person in control of said property be non-residents of the City and have no business address or offices in the City, then the said notice shall be deemed served at the end of such period after the mailing thereof as in the ordinary course of transmission of the mail by the United States Government would be required for the receipt of said notice by the owner or other person in control of said property at their place of residence or business.
[Ord. No. 2016-17 §1, 9-26-2016]
If encroaching items or nuisances are permitted to exist on private property in violation of this Chapter more than one (1) time during the same growing season and, pursuant to Section 420.130 of the Code, a notice of violation of this Chapter was delivered to the owner or other person in control of such property for any such prior violation during the same growing season, then the Director of Public Works or his/her designee, may, without further notification to such owner or other person in control of such property, remove or alter such encroaching items or nuisances, and may collect the total cost of such removal in the manner set forth in Section 420.150(C) of the Code. The Director of Public Works or his/her designee, may hire and enter into contracts with independent contractors to remove or alter such encroaching items or nuisances.
[Ord. No. 2016-17 §1, 9-26-2016]
A. 
If a property owner fails to remove or alter encroaching items or nuisances in a manner approved by the Director of Public Works or his/her designee within ten (10) days after the notice described in Section 420.130 of the Code is delivered, the Director of Public Works or his/her designee, shall cause such encroaching items or nuisances to be removed or altered. The Director of Public Works or his/her designee may hire and enter into contracts with independent contractors to destroy or remove such noxious growths, encroaching items or nuisances.
B. 
Upon the completion of the removal or alteration of such encroaching items or nuisances by the Director of Public Works, or by a person authorized by contract, the Director of Public Works or his/her designee, shall cause the total cost of such work to be determined and by report certify the same to the City Clerk.
C. 
Upon approval of such report by the City Clerk, the City Clerk shall endorse the report and shall cause the certified cost to be included in a special tax bill to be collected by the City Collector or Deputy Collector. The special tax bill shall include a charge of eight dollars ($8.00) for each inspection of the property and the giving of notice plus the cost of abatement as determined by the Director of Public Works. In the event the City Collector or Deputy Collector is unable to collect the certified cost on the special tax bill within ninety (90) days of the due date, the Director of Public Works and City Collector or Deputy Collector shall cause the certified cost to be added to the annual real estate tax bill for the property and the certified cost shall be collected in the same manner and procedure for collecting real estate taxes. If the certified cost is not paid when due, the tax bill shall be considered delinquent, and the collection of the delinquent bill shall be governed by the laws governing delinquent and back taxes. The tax bill from the date of its issuance shall be deemed a personal debt against the property owner and shall also be a first lien on the property until paid. In the event a lawsuit is required to enforce the tax bill, the City may charge the property owner costs of collecting the tax bill including reasonable attorneys' fees.
[Ord. No. 2016-17 §1, 9-26-2016]
To the extent any provision of this Chapter conflicts with any provision of Section 225.310 to Section 225.340 of the Code, the provisions of Section 225.310 to Section 225.340 of the Code shall govern.
[Ord. No. 2016-17 §1, 9-26-2016]
Any person violating or failing to comply with any of the provisions of this Chapter shall be guilty of a misdemeanor, and upon conviction thereof the provisions of Section 110.150 of this Code shall apply. The removal of each tree in violation of any provision of this Chapter shall constitute a separate punishable offense. The removal of each tree in violation of any provision of this Chapter shall constitute a separate punishable offense.
[Ord. No. 2016-17 §1, 9-26-2016]
A request for a hearing before the Director of Public Works must be made before the expiration of the 10-day period, and the Director of Public Works shall hold the hearing within ten (10) days of the request. If the property owner or his/her representative fails to appear at the hearing, the property owner shall be deemed to have waived his right to the hearing. The property owner may choose to appeal directly to the Board of Adjustment of the City of Overland without requesting a hearing before the Director of Public Works. Upon compliance with the applicable review procedure, the Board of Adjustment may modify application of this Chapter where such application would be arbitrary or constitute an unconstitutional taking of property without compensation, or is otherwise determined to be unlawful.