[R.O. 1993 § 415.160; Ord. No.
786 § 1, 7-18-2005]
A.
Purpose. The purpose of this Section is to establish minimum standards
for the provision, installation, maintenance and removal of landscape
plantings in order to achieve a healthy, visually pleasing and safe
community by the following means:
1.
Preservation Of Vegetation. Preserve existing natural vegetation
and the incorporation of native plants, plant communities and ecosystems
into landscape design, where possible.
2.
Aesthetics. Improve the appearance of all areas through the
incorporation of open space into development in ways that harmonize
and enhance the natural and built environment.
3.
Land Values. Maintain and increase the value of land by requiring
landscape improvements to be incorporated into development, thus becoming
by itself a valuable capital asset.
4.
Human Values. Provide direct and important physical and psychological
benefits to human beings through the use of landscape materials to
reduce noise and glare, to provide visual diversity and seasonal interest
and visually soften the harsher aspects of urban development.
5.
Improved Design. Promote innovative and cost-conscious approaches
to the design, installation and maintenance of landscaping, encouraging
water and energy conservation.
6.
Improved Administration And Enforcement. Establish procedures,
standards and qualified staff for the administration and enforcement
of this Chapter.
[R.O. 1993 § 415.170; Ord. No.
786 § 1, 7-18-2005]
A.
This Section contains the performance standards and regulations pertaining
to the landscape elements of residential, commercial and industrial
properties, requirements for preservation of trees, requirements for
the provision of trees along public rights-of-way, maintenance requirements
for trees and other landscape components adjacent to public rights-of-way
and administration and enforcement of these regulations.
B.
Applicability. Except as otherwise specifically provided for herein,
this Article shall apply to new property development in all zoning
districts; any cumulative permitted landscaping renovation in excess
of twenty percent (20%) and maintenance of existing trees and landscaping
on existing individual lots in "C-1" and "E-1" Zoning Districts; and
to the installation, maintenance and/or replacement of trees in public
rights-of-way in all zoning districts. No permit shall be issued as
provided for herein in violation of the regulations set forth herein.
C.
Conflicts. If the provisions of this Article conflict with other
Sections of this Code or other ordinances or regulations, the more
stringent limitation or requirement shall govern or prevail to the
extent of the conflict.
[R.O. 1993 § 415.180; Ord. No.
786 § 1, 7-18-2005]
The following definitions shall apply in interpretation and
enforcement of this Article, unless otherwise specifically stated:
A continuous area of land set aside along the perimeter of
a lot in which plant materials may be used to provide a transition
between and to reduce the environmental, aesthetic and other impacts
of one type of land use upon another.
A self-supporting woody plant or species normally growing
to a mature height of not less than twenty (20) feet and a mature
spread of not less than fifteen (15) feet in the St. Louis metropolitan
area. Clusters of more than one (1) tree may be used when it is demonstrated
to the Planning and Zoning Commission that the grouping of trees will,
at maturity, surpass the fifteen-foot diameter requirement and that
the grouping of trees is suitable for the proposed location.
Planted areas that receive routine maintenance, such as mowing,
irrigating, pruning, fertilizing, etc.
Any proposed material change in the use or character of the
land, including, but not limited to, land clearing or the placement
of any structure or site improvements on the land.
A vertical line extending from the outermost branch tips
of a tree perpendicular to the finished grade.
Plants, other than turf grass, normally reaching an average
maximum height of not more than twenty-four (24) inches at maturity.
A landscape barrier consisting of a continuous, dense planting
of woody vegetation which may be either composed of trees or shrubs.
An issue arising from the proximity or direct association
of contradictory, incongruous or discordant land uses or activities,
including the impacts of noise, vibration, smoke, odors, toxic matter,
radiation and similar environmental conditions.
A permanent, artificial watering system installed below grade
designed to transport and distribute controlled amounts of water to
plants.
Any combination of non-living landscape material, such as
rocks, pebbles, sand, mulch, walls, fences or decorative paving materials.
Any combination of living plants, such as grass, ground cover,
shrubs, vines, hedges or trees.
Non-living organic and synthetic materials customarily used
in landscaping designed to retain moisture, stabilize soil temperatures,
control weed growth and retard erosion.
A natural association of plants that are dominated by one
(1) or more prominent species or a characteristic physical attribute.
A self-supporting woody perennial plant of low to medium
height characterized by multiple stems and branches continuous from
the base, usually not more than ten (10) feet in height at its maturity.
The selection of plant materials which are particularly well
suited to withstand macroclimate and microclimate conditions that
are specific to that location.
A change in land use that increases the intensity of land use;
or
A change in land use that creates an incompatibility or increases
the incompatibility of adjacent land uses; or
An increase in the total floor area of multiple dwellings or
non-residential buildings that results in increased traffic generation.
The severe cutting back of limbs to stubs larger than three
(3) inches in diameter with the tree's crown to such degree so as
to distort the normal canopy shape, thus disfiguring the tree.
Assemblages of natural low-level woody, herbaceous and ground
cover species which exist in the area below the canopy of the trees.
Any self-supporting woody perennial plant which has a diameter
at breast height (dbh) of two (2) inches or more and which normally
attains an overall height of at least fifteen (15) feet at maturity,
usually with one (1) main stem or trunk and many branches. It may
appear to have several stems or trunks in several species.
When referring to a tree, shrub or other type of plant, is
a plant that, in the judgment of the Building Commissioner or his/her
designated representative, is capable of sustaining its own life processes,
unaided by man, for a reasonable period of time.
[R.O. 1993 § 415.190; Ord. No.
786 § 1, 7-18-2005]
A.
Where new development is proposed, the owner or developer shall:
1.
Preserve existing trees to the maximum extent possible; however,
the developer shall preserve no less than forty percent (40%) of the
existing canopy trees on the property and no less than twenty percent
(20%) of the existing understory trees; and
2.
Preserve all existing trees within the landscape buffer as required in Chapter 410 of this Code; and
3.
Replace trees that are removed for the development in an amount equal to the total caliper inches removed; replacement trees shall be the species and caliper width as specified in Section 415.210 of this Article. "Street trees" required by Section 415.200 shall not be included in measuring the caliper width of replacement trees.
C.
No cut or fill (grading) over a four-inch depth shall occur within
the dripline or root area of any preserved tree without evaluation
and approval of the disturbance by the City and a qualified arborist
or forester.
D.
All replacement trees shall comply with the installation requirements of this Chapter. A minimum of seventy-five percent (75%) of the replacement trees shall be canopy trees and all replacement trees shall be of a variety set forth in Tables 1 through 4 in Section 415.210(A)(1)(e) of this Chapter.
[R.O. 1993 § 415.200; Ord. No.
786 § 1, 7-18-2005]
A.
"Street trees" are those trees within fifteen (15) feet of any right-of-way.
B.
Street trees shall not be removed without the City's prior approval;
in all zoning districts, street trees shall be preserved or new street
trees shall be installed by the owner or developer in accordance with
the following:
1.
For each existing residential lot or lot created by legal subdivision
which is built upon subsequent to passage of this Chapter, at least
one (1) canopy tree for each forty (40) feet of frontage to a public
or private street shall be installed in the area between the sidewalk
and the street edge or curb and shall be installed in accordance with
the standards provided for in this Article.
2.
In circumstances where existing parcels meeting the standard
prescribed in this Subsection become non-conforming as a result of
the loss of a canopy tree due to storm damage, disease or other means,
the non-conforming condition shall be corrected as soon as weather
and planting conditions permit. In such instances where public right-of-way
is involved, the City shall be responsible for correcting the non-conforming
condition (except in instances where the property owner has caused
or condoned the damage). In such instances where private right-of-way
is involved, the property owner shall be responsible for correcting
the non-conforming condition. Any tree which replaces an existing
tree shall be selected and installed in accordance with the standards
provided for in this Article.
3.
On parcels where no sidewalk exists, the required canopy trees
shall be planted in an area not more than six (6) feet nor less than
five (5) feet from the back of the curb or street edge. However, in
no event shall a tree be planted where the clear space between the
curb and the sidewalk is less than five (5) feet, except where special
permission is obtained from the Environmental Commissioner or his/her
designated representative.
4.
On private property, no tree of any type shall be planted within
five (5) feet of the right-of-way of any public street.
[R.O. 1993 § 415.210; Ord. No.
786 § 1, 7-18-2005]
A.
The following standards shall be considered the minimum requirements
for the installation of all plant materials on any lot within any
zoning district where new development is going to take place, on all
existing lots within the "C-1" and "E-1" zoning districts, and within
public rights-of-way in all zoning districts.
1.
Minimum tree and shrub planting or preservation requirements
for all zoning districts:
a.
Tree Planting Standards. Immediately upon planting, all trees
shall conform to the American Association of Nurserymen Standards
and have the following characteristics:
(1)
In all "R" Districts, all medium to large canopy
trees shall be a minimum of ten (10) feet in height and shall have
a minimum caliper of two (2) inches. In all "C-1" and "M-1" Districts,
all medium to large canopy trees shall be a minimum of twelve (12)
feet in height and shall have a minimum caliper of three (3) inches.
(2)
All understory trees shall be at least five (5)
feet in height, except where they are fulfilling the requirement as
a landscape buffer as provided for in this Article, in which case
they shall be a minimum of eight (8) feet in height. Deciduous small
trees shall have a minimum caliper of two (2) inches, a minimum height
of ten (10) feet and have not less than eight (8) branches on the
upper half of the trunk.
(3)
Tree Species Mix. When more than ten (10) trees
are to be planted to meet the requirements of this Article, a mix
of species shall be provided. The number of species to be planted
shall vary according to the overall number of trees required to be
planted. Species shall be planted in proportion to the mix.
(4)
Except as otherwise provided for herein, a five-foot
buffer consisting of landscape plantings shall be required in side
yards in all zoning districts.
b.
Soil/Planting Material.
(1)
Soil utilized for the growing medium of plant materials
shall be friable, well-drained, local soil, capable of sustaining
plant life. Areas which have been compacted by construction activities
shall be thoroughly cultivated to the full depth of the compaction.
Soil utilized for planting within these areas may be existing soil,
provided it is friable, well-drained, free of construction debris,
including, but not limited to, scrap wood, trash, chemical/oil spills,
excess paving materials, crushed rock, sand, natural site stones greater
than one (1) inch, mortar and all other non-soil materials.
(2)
Organic mulches shall be used to reduce the growth
of weeds, add nutrients to the soil and retain moisture over the root
zones of plant materials. When appropriate, a minimum of three (3)
inches of organic mulch shall be placed beneath all newly installed
tree, shrub and ground cover planting areas. At no time shall rock
of any size or variety be placed around any existing or newly planted
tree located in a public right-of-way.
(3)
The top four (4) inches of the lawn bed for all
areas to be seeded or sodded shall be topsoil. Topsoil shall be brought
on-site from a local commercial source.
c.
Planting Limitations.
(1)
On a corner lot in any district, development shall
conform to the requirements of a sight distance triangle in which
nothing shall be erected, placed, planted or allowed to grow in such
a manner as to materially impede vision between a height of two (2)
feet and ten (10) feet above the grades at the back of the curb of
the intersecting streets, within the triangular area formed by the
right-of-way lines and a line connecting them at points forty (40)
feet from their point of intersection or at equivalent points on private
streets, except that the sight distance triangle may be increased
when deemed necessary for traffic safety by the Building Commissioner
and Chief of Police.
(2)
Only medium deciduous trees shall be acceptable
for planting in public rights-of-way in all zoning districts where
the planting area between the curb or edge of the roadway pavement
and the edge of the sidewalk is limited to a width of between four
(4) and five (5) feet. In all zoning districts where the planting
area between the curb or edge of the roadway pavement and the edge
of the sidewalk is greater than five (5) feet, both medium and large
deciduous trees shall be acceptable for planting. In instances where
deciduous trees of either medium or large size are likely to cause
interference with overhead utility wires, understory deciduous trees
will be acceptable for planting.
(3)
No tree shall be planted closer than forty (40)
feet of any street corner, measured from the point of nearest intersecting
curbs or curblines, or within ten (10) feet of any fire hydrant.
(4)
Trees shall not be placed where they interfere
with site drainage or where they shall require frequent pruning in
order to avoid interference with overhead power lines.
d.
Acceptable Tree Species, Cultivars Or Varieties. In order to protect the City's existing trees from disease and to ensure that the species and varieties of trees which are planted will grow and be healthy, trees planted on existing sites and in conjunction with new developments within all zoning districts and within public rights-of-way shall be of the species, cultivars or varieties listed in the tables in Subsection (A)(1)(e) below (except where specific exceptions are noted in a table). The species, cultivar and/or variety which are listed in Table 4 are not acceptable for planting within the public rights-of-way due to a variety of factors, such as susceptibility to salt damage, potential for providing a traffic visual hazard, susceptibility to disease, potential for growth into right-of-way, etc.
e.
Undesirable Tree Species, Cultivars Or Varieties. In order to
protect the City's existing trees from disease, to ensure that the
species and varieties of trees which are planted will grow and be
healthy, will be resistant to storms and do not provide other undesirable
effects, the trees listed below in Table 5 shall not be planted on
existing sites within the "C-1" and "E-1" Zoning Districts in conjunction
with new residential developments and within public rights-of-way
except upon the approval of the Planning and Zoning Commission in
special locations where, because of characteristics of adaptability
or landscape effect, they can be used to public advantage and will
not create a detriment to adjoining property or the trees thereon.
|
Table 1: Large-Size Canopy Trees
[Reaching Height of Fifty (50) Feet or More at Maturity]
| |
|---|---|
|
Botanical Name
|
Common Name
|
|
Acer saccharum
|
Sugar Maple
|
|
Celtis occidentalis
|
Hackberry
|
|
Fraxinus pennsylvanica
|
Green Ash (seedless variety)
|
|
Fraxinus Americana
|
White Ash
|
|
Quercus alba
|
White Oak
|
|
Quercus rubra
|
Red Oak
|
|
Tilia americana "Redmond"
|
"Redmond" Linden
|
|
Zelkova serrata
|
Village Green Japanese Zelkova
|
|
Ulmus carpinifolia
|
"Homestead" and "Pioneer"
|
|
Table 2: Medium-Size Canopy Trees
[Reaching Heights of Thirty (30) to Forty-Five (45) Feet
at Maturity]
| |
|---|---|
|
Botanical Name
|
Common Name
|
|
Acer platanoides
|
Norway Maple
|
|
Acer rubrum
|
Red Maple
|
|
Fraxinus americana "Rosehill"
|
White Ash "Rosehill"
|
|
Fraxinus excelsior
|
European Ash
|
|
Ginkgo biloba
|
Ginkgo (male sex only)
|
|
Nyssa sylvatica
|
Black gum
|
|
Tilia cordata
|
Littleleaf Linden
|
|
Tilia euchlora
|
Crimean Linden
|
|
Tilia tomentosa
|
Silver Linden
|
|
Gleditisia/triacanthos
|
Thornless Honeylocust
|
|
Table 3: Small-Size Understory Trees
[Reaching Heights of Not More Than Thirty (30) Feet at
Maturity]
| |
|---|---|
|
Botanical Name
|
Common Name
|
|
Acer campestre
|
Hedge Maple (Evelyn)
|
|
Acer platanoides globusm
|
Globe Norway Spruce
|
|
Amelanchier grandiflora
|
Serviceberry
|
|
Carpinus betulus
|
European Hornbeam
|
|
Carpinus caroliniana
|
American Hornbeam
|
|
Cereis canadaenis
|
Red Bud
|
|
Crataegus species
|
Hawthorn
|
|
Fraxinus quadrangulata globosa
|
Globe Blue Ash
|
|
Koelreuteria paniculata
|
Goldenrain Tree
|
|
Magnolia
|
Saucer Magnolia
|
|
Morus alba "Kingan"
|
"Kingan" Fruitless Mulberry
|
|
Ostrya virginiana
|
Hop Hornbeam
|
|
Table 4: Evergreen Trees (Not Acceptable for Planting
Within Rights-of-Way)
| |
|---|---|
|
Botanical Name
|
Common Name
|
|
Abies species
|
Fir
|
|
Picea species
|
Spruce
|
|
Pinus species
|
Pine
|
|
Thuja species
|
Arborvitae
|
|
Juniper species
|
Junipers
|
|
Table 5: Undesirable Tree Species, Cultivars or Varieties
| |
|---|---|
|
Botanical Name
|
Common Name
|
|
Acer negundo
|
Boxelder
|
|
Acer saccharinum
|
Silver or Soft Maple
|
|
Aesculus species
|
Horse Chestnut
|
|
Ailanthus altissima
|
Tree-of-Heaven
|
|
Albizzia species
|
Mimosa
|
|
Catalpa species
|
Catalpa
|
|
Diospyros
|
Persimmon
|
|
Gleditsia tricanthos
|
Honeylocust (except thornless)
|
|
Juglans nigra
|
Black walnut
|
|
Maculura pomifera
|
Osage Orange
|
|
Malus species
|
Apples
|
|
Morus species
|
Mulberry (all fruit-bearing varieties)
|
|
Platanus occidentalis
|
Sycamore (American)
|
|
Populus species
|
Poplars; Cottonwood
|
|
Prunus species
|
Cherry, Plum (all fruit-bearing varieties)
|
|
Pyrus species
|
Pear (all fruit-bearing varieties)
|
|
Quercus palustris
|
Pin Oak
|
|
Robinia pseudocacia
|
Black Locust
|
|
Salix species
|
Willow
|
|
Ulmus species
|
Elms
|
|
Liquidar styraciflua
|
Sweet Gum
|
2.
Standards For Landscape Materials On Commercial Property. The
following standards shall apply to all property in the "C-1" and "E-1"
Zoning Districts:
a.
Any part of a lot area not used for buildings or other structures
or for parking, loading or access ways shall be landscaped with grass,
ground cover, trees, shrubs and pedestrian walks in accordance with
the following provisions:
(1)
A planting strip of ten (10) feet (not including sidewalks)
shall be provided and maintained within the required front yard and
shall separate vehicular parking and drive areas from any public or
private street or right-of-way. Where this planting strip fronts to
Natural Bridge Road, one (1) canopy tree of a species as determined
by the Environmental Commissioner or his/her designee shall be planted
within the planting strip area for every fifty (50) feet of frontage
to Natural Bridge Road. In complying with this requirement and in
order to maintain views into the site, the required number of canopy
trees of this variety may be clustered at site corners, entry islands
or other appropriate locations along the frontage.
b.
For all off-street parking areas, the following standards shall
apply:
(1)
There shall be one (1) three-inch-caliper canopy
tree existing or planted for every ten (10) parking spaces located
within planting islands meeting the standards prescribed herein. Each
planting island area shall be a minimum of ninety (90) square feet
in area and shall contain at least one (1) deciduous canopy tree of
a type and size required herein. There shall be a minimum of two (2)
trees within and up to every one hundred (100) linear feet of parking
for each parking row. Such trees shall be spaced evenly wherever possible
and the ends of parking rows abutting a circulation aisle shall be
defined by a planting island wherever feasible. These canopy trees
and any associated planting islands areas shall be protected from
vehicular encroachment by non-mountable, reinforced concrete curbing
of a type specified by the Building Commissioner. The use of unreinforced
extruded curbing of asphalt or other materials shall be prohibited.
(2)
In addition to any landscaped front, back or side
yard areas or planting islands required by this Article, for any parking
area containing more than five (5) spaces, a minimum of twenty (20)
square feet of interior landscaped area shall be provided within the
parking lot for each parking space. Landscape areas shall be uniformly
distributed in one (1) or more areas so as to minimize and reduce
the apparent size of parking areas.
(3)
Planting islands that are parallel to parking spaces
should be a minimum of nine (9) feet wide.
(4)
Where planting islands are perpendicular to parking
spaces, islands should be a minimum of eight (8) feet wide to allow
for overhang of parked cars. If parking is only on one (1) side of
the island, an eight-foot width is still required.
(5)
In instances where vehicle parking occurs perpendicular
or parallel to parking islands, no landscape plantings other than
grass shall be installed within forty-two (42) inches of the back
of the curb.
(6)
Seventy-five percent (75%) of the required canopy trees shall be located within the paved area and the remaining canopy trees shall be located in the front yards, but in any event the number of trees to be provided in the required front yard shall not be less than the equivalent of one (1) tree for every fifty (50) feet of frontage along any public or private street. In complying with the front yard requirement and in order to maintain views into the site, the required number of canopy trees may be clustered at site corners, entry islands or other appropriate locations along the frontage. The canopy trees of the variety specified in Tables 1 and 2 in Subsection (A)(1)(e) above shall be counted in determining compliance with this provision.
(7)
No landscape hedge, bushes, shrubs or other low-growing
plant material, wall or berm shall exceed three (3) feet in height
within ten (10) feet of any driveway opening.
c.
Screening of mechanical equipment, trash and loading areas is
required. All mechanical equipment, trash receptacles, storage of
materials and equipment shall be within a fully enclosed building
or in a side or rear yard so screened by berms, dense vegetative plantings,
wooden fences or brick walls or combinations of these materials at
least eight (8) feet in height so that said materials and equipment
are not visible at the grade of the nearest adjacent street and/or
adjoining property lines. Roof-mounted mechanical equipment shall
also be screened so that it is not visible from the street or on-site
parking areas or adjacent residential properties. Materials used to
screen such roof-mounted mechanical equipment shall be of a type which
is complimentary to the building architecture.
d.
Where any parcel abuts any residential district or development,
a seventy-five-foot perimeter landscape buffer and a solid masonry
fence six (6) feet in height shall be provided and maintained along
all rear and side property lines where it abuts the residential district
or development. The buffer area shall contain evergreen plant material
with a minimum height of eight (8) feet planted in such a manner to
achieve an effective spacing of six-foot on center. The height of
said fence and evergreen plant material may be reduced if used in
conjunction with a berm whose height in combination with the fence
will achieve the standard specified herein. The berm shall not exceed
a slope of thirty degrees (30°) and shall be completely covered
with shrubs, grass or other living ground cover in addition to the
evergreen plant material specified herein.
e.
All disturbed soil on the site that is not to be covered by
buildings, parking and loading areas and driveways, and which is not
subject to other landscape treatment in accord with an approved site
plan shall be graded in accord with said site plan and covered with
sod.
3.
In the "C-1" and "E-1" Zoning Districts, in order to present
a healthy and visually appealing appearance, landscaped areas shall
be provided with adequate irrigation for the maintenance of grass,
shrubs, ground cover and other plant materials by utilizing a sprinkler
system, hose bibs and/or such other method of providing water.
[R.O. 1993 § 415.220; Ord. No.
786 § 1, 7-18-2005]
A.
General. The owner or assigns of land shall be responsible for the
maintenance of the areas of said land subject to this Article in good
condition so as to present a healthy, neat and orderly landscape area
and healthy trees.
B.
All required plants shall be maintained in a healthy, pest-free condition.
Within six (6) months of a determination by the Environmental Commissioner
or his/her designated representative that a plant is dead or severely
damaged or diseased, the plant shall be replaced by the property owner
or in accordance with the standards specified in this Code.
C.
Removal Of Trees Representing Hazards Or Obstructions. It shall be
the responsibility of each property owner to remove any trees or shrubs
or parts thereof which overhang or interfere with traffic control
devices, streetlighting, public sidewalks, rights-of-way or property
owned by the City. The Environmental Commissioner or his/her designated
representative shall have the authority to order the pruning or removal
of any such trees subject to the provisions herein or other applicable
Sections of the Municipal Code.
D.
Replacement. Any trees removed from properties covered under the
provisions of this Article or any other City ordinance and which will
render the property non-conforming with the provisions of this Article
shall be replaced with trees which are of acceptable type and species
and in locations which comply with the provisions of this Article
and any previously approved site and landscape plan. Where such replacement
involves properties within a "C-1" or "E-1" District, a landscape
plan shall be required, shall be prepared in accordance with the provisions
of this Article and shall depict the trees to be removed and the type,
species and location of replacement trees. Said landscape plan shall
be prepared by a professional landscape architect approved by the
City.
E.
Pruning. All pruning should be accomplished according to standard
horticultural practices. Trees shall be pruned only as necessary to
promote healthy growth. Unless special approval is provided by the
Environmental Commissioner or his/her designated representative, trees
shall be allowed to attain their normal size and shall not be severely
pruned or "topped" in order to permanently maintain growth at a reduced
height. It shall be unlawful as a normal practice for any person,
firm or City Official to top any street tree, park tree, other tree
on public property. Trees may be periodically pruned or thinned in
order to reduce the leaf mass and thus minimize damage from storms.
Trees severely damaged by storms or other causes or certain trees
under utility wires or other obstructions where other pruning practices
are impractical may be exempted from this Subsection at the determination
of the Environmental Commissioner or his/her designated representative.
All pruning shall be accomplished in accordance with the National
Arborists Standards.
F.
The stumps of all removed trees shall be ground out to at least three
(3) inches below the ground level, the chips removed, the soil cavity
filled with soil and the area leveled. If the area where the tree
is removed is to be paved, the top of the stump shall be ground out
to at least six (6) inches below the ground level.
G.
Mowing. Grass shall be mown as required in order to encourage deep
root growth and therefore the preservation of irrigation water.
H.
In order to assure the safe and unimpeded progress of fire and street
equipment of the City in the performance of its designated functions,
all trees, plants and shrubs that are within or adjacent to and overhanging
any public street, highway, road or thoroughfare shall be maintained
at a minimum height of twelve (12) feet at the center line of the
street, highway, road or thoroughfare and ten (10) feet at the curb
of said public way when said tree, plant or shrub is fully leafed.
The Environmental Commissioner or his/her designated representative
may require the property owner to shape said plant growth as specified
above or may cause same to be maintained by the City.
[R.O. 1993 § 415.230; Ord. No.
786 § 1, 7-18-2005]
A.
The Environmental Commissioner or his/her designated representative
may remove or cause or order to be removed any tree or part thereof
on private property which is in an unsafe condition or which by reason
of its nature is injurious to sewers, electric power lines, gas lines,
water lines or other public improvements or is afflicted with any
injurious fungus, insect or other pest.
B.
The City shall have the right to cause the removal of any dead or
diseased trees on private property within the City when such trees
constitute a hazard to life and property or harbor insects or disease
which constitute a potential threat to other trees within the City.
C.
Procedures Upon Order To Prune Or Remove.
1.
When the Environmental Commissioner or his/her designated representative
shall find it necessary to order the pruning or removal of trees or
plants infected with disease or infested with damaging or disease-carrying
insects upon private property as provided for herein, he/she shall
serve a written order upon the property owner to correct the condition
creating danger or hazard to the public or to City property.
2.
The order required herein shall be served by at least one (1)
of the following methods:
3.
The order required herein shall set forth a time limit not earlier
than seven (7) days from the date of the order for compliance. In
cases of extreme danger to persons or public property, the Environmental
Commissioner or his/her designated representative, upon finding a
hazardous condition, shall have the authority to require forthwith
compliance immediately upon service of the order.
4.
The property owner to whom an order thereunder is directed shall
have the right within seven (7) days of the service of the order to
appeal the order to remove or prune. Said appeal shall be filed with
the City Clerk. The Board of Aldermen shall appoint a hearing officer
for the appeal. Unless the order is revoked or modified, it shall
remain in full force and be obeyed by the property owner to whom directed.
No property owner to whom an order is directed shall fail to comply
with such order within ten (10) days after an appeal shall have been
determined and a copy thereof served on the responsible person or
party. Any persons or parties jointly or severally aggrieved by any
decision of the hearing officer under this Section may seek a review
of such decision by the Circuit Court of St. Louis County.
5.
When a property owner to whom an order is directed shall fail
to comply within the specified period of time, the Building Commissioner
or his/her designated representative shall remedy the condition or
contract with others for such purpose and charge the cost thereof
to the person or party.
6.
When in the opinion of the Environmental Commissioner or his/her
designated representative there is an actual and imminent danger from
a damaged or diseased tree which would endanger life, or when any
tree or any part thereof has fallen and life is endangered, the Environmental
Commissioner or his/her designated representative is authorized and
empowered to take whatever action as may be necessary to render the
tree or part thereof temporarily safe, whether or not the notice procedure
as previously described in this Section has been instituted.
7.
The costs incurred in the performance of any procedure required
as a result of conditions as outlined in this Section above shall
be billed to the owner of the real property where such work is performed.
If such bill is not paid within thirty (30) days after forwarding
a statement therefor by the City Clerk, the costs shall be levied
against the property upon which such work was performed as a special
assessment. The levying of the assessment herein shall not affect
the liability of the persons or parties where such work was performed.
Such special assessment shall be certified by the Environmental Commissioner
to the City Clerk and shall thereupon become and be a lien upon the
property and shall be included in the next tax bill rendered to the
owner thereof unless paid before and shall be collected in the same
manner as other taxes against the property.
[R.O. 1993 § 415.240; Ord. No.
786 § 1, 7-18-2005]
It shall be unlawful to delay or in any manner interfere with
any City Official in planting, pruning, spraying or removing any tree,
shrub, vine or flowering plant in any public street, boulevard, alley,
park or other public place or in the removal of any stone, cement
or other material from about the trunk thereof, to interfere with
or delay any City Official in the removal of dangerous or diseased
trees on private property as provided for herein, or to interfere
with any City Official in the discharge of duties provided for in
this Article.
[R.O. 1993 § 415.250; Ord. No.
786 § 1, 7-18-2005]
Any person who violates any provision of this Chapter or who
fails to comply with any notice pursuant to the provisions of this
Chapter shall be subject to a fine of not to exceed one thousand dollars
($1,000.00), by imprisonment for not to exceed ninety (90) days, or
by both such fine and imprisonment. Each day during which any violation
of the provisions of this Chapter shall occur or continue shall be
a 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 shall
be borne by the persons or parties in violation. The replacement value
of trees and shrubs shall be determined in accordance with 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.
[R.O. 1993 § 415.260; Ord. No.
786 § 1, 7-18-2005]
A.
In conjunction with the requirements of other provisions of this
Code with respect to site plan review and prior to the issuance of
any building permit, a landscape plan shall be submitted to, reviewed
by and approved by the Planning and Zoning Commission. A landscape
plan for each lot or parcel involved in the proposed development shall
be prepared by and bear the seal of a landscape architect. The landscape
plan shall comply with the following requirements and contain the
following elements:
1.
Be drawn to scale, including dimensions and distances;
2.
Delineate the existing and proposed parking spaces or other
vehicular areas, access aisles, driveways and similar features;
3.
Designate by name and location the plant material to be installed
or preserved in accordance with the requirements of this Chapter;
4.
Identify and describe the location and characteristics of all
other landscape materials to be used;
5.
Show all landscape features, including areas of vegetation to
be preserved, in context with the location and outline of existing
and proposed buildings and other improvements on the site, if any;
6.
Include a tabulation clearly displaying the relevant statistical
information necessary for the Planning and Zoning Commission to evaluate
compliance with the provisions of this Chapter. This includes gross
acreage, area of preservation areas, number of trees to be planted
or preserved, square footage of paved areas and such other information
as the Planning and Zoning Commission may require;
7.
An irrigation plan indicating the location of sprinklers or
water outlets; and
8.
Contain such other information that may be required by the Planning
and Zoning Commission that is reasonable and necessary to determine
that the landscape plan meets the requirements of this Article.
[R.O. 1993 § 415.270; Ord. No.
786 § 1, 7-18-2005]
The provisions of this Chapter shall be enforced by the Building
Commissioner and/or the Chief of Police.
