[Ord. No. 10825, 9-21-2023]
(a)
Tree preservation and protection for the City of Kirkwood is required
to provide three primary functions:
(1)
To keep the foliage canopy and branching structure clear from contact
by equipment, materials, and activities.
(2)
To preserve roots and soil conditions in an intact and non-compacted
state.
(3)
To identify the Tree Protection Zone (TPZ) in which no disturbance
to soil or any and all parts of the tree both above ground and below
shall be permitted.
(b)
A tree protection plan, including a tree study, approved by the Urban
Forester, or designee, shall be required for all permits from the
Building and/or Engineering Divisions that include:
(1)
All new construction, demolition, excavation, grading, and complete
site redevelopment; or
(2)
All partial site development, including additions or exterior alterations
that impact 33% or more of the lot area.
(3)
If a project with partial site development does not meet the requirements
for providing a tree protection plan listed above, but will include
grading or other construction activity/impact within 10 feet of a
significant tree and/or City tree, tree protection measures will be
required to be installed and maintained throughout the project, but
no tree study is required.
(c)
All tree protection plans shall be completed by a certified arborist
and must follow the protocols outlined here within. Approval shall
be determined upon reasonable efforts to preserve trees on the site
as determined by the guidelines set forth below.
(1)
Tree protection plans will contain the following:
b.
A tree study, if applicable, that contains the following:
(i)
An appraisal and assessment of all public trees, trees on the
site greater than six inches in diameter, and all trees on neighboring
and adjacent property within 10 feet of the property line. This shall
include:
(d)
Canopy coverage requirements.
(1)
All single-family lots shall have minimum tree canopy coverage of
350 square feet per 1,000 square feet of lot area (35% coverage).
(2)
Canopy coverage for existing trees shall be measured as represented
in the field. Canopy for newly planted trees shall be estimated using
the following rates for species provided in the City of Kirkwood's
Recommended Species List.
(3)
All trees designated to be protected or included in the canopy requirements
shall be of a species not listed as a prohibited species in the Tree
Manual. Existing trees shall be live, healthy trees over six inches
in diameter and in good or fair condition of health. New deciduous
trees shall be a minimum of two inches caliper and evergreen trees
shall be a minimum of eight feet in height.
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Any deciduous or evergreen tree planted for the purpose of screening
shall receive 25 square feet of canopy per tree, with a limit of 350
square feet to be included in canopy coverage calculations.
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(e)
Tree replacement requirements. The following tree replacement requirements shall apply to projects described in § 24-4(b) unless otherwise noted.
(1)
Frontage trees. The developer, builder, or home owner shall be required to plant trees in front of the building line but not within the public right-of-way approximately five feet to 10 feet from the public right-of-way along all streets for single-family lot development. The trees shall be provided in a ratio of not less than one tree for every 50 feet of frontage. At street corners, the nearest tree shall be planted a minimum 25 feet from the intersection of the street right-of-way lines. These trees shall be included in calculating tree canopy coverage requirements in § 24-4(d).
(2)
Tree density and canopy coverage. If the canopy coverage requirements in § 24-4(d) cannot be met through preservation of existing trees, trees shall be provided to meet said requirement. The tree canopy area shall be shown on the final tree protection plan. Canopy coverage estimates for planted trees shall be drawn in accordance with the canopy sizes for trees shown on the City of Kirkwood's Recommended Species list.
If the site does not allow sufficient space for replanting the required number of trees to meet these canopy coverage requirements, it shall be considered a failure to comply with Chapter 24, Article II; and the developer, builder, or property owner must fulfill these requirements through a replanting fee as described below in § 24-4(f)(2).
(3)
All trees planted as part of tree replacement or canopy coverage
requirements are subject to the following specifications:
b.
Overhead utilities.
(i)
Only small trees are to be permitted within the utility easement
with approval of the City of Kirkwood Forestry Division.
c.
Restricted trees for use of canopy coverage.
(i)
Trees planted within the City rights-of-way are not to be included
in canopy coverage calculations.
(f)
Failure to comply with tree protection plans.
(1)
Any failure to comply with an approved tree protection plan or tree
replacement requirements shall be deemed as an offense, and the owner
and developer shall be subject to the penalties set forth herein.
The failure to protect multiple trees on one site shall constitute
a separate and distinct offense for each affected tree.
a.
Failure to protect trees designated for protection within the approved
tree protection plan. If during development or site disturbance, trees
designated to be protected are damaged:
(i)
If the tree is determined that it will need to be removed:
[a]
The builder, developer, or owner shall be required
to provide an updated tree study and canopy coverage map;
[b]
Replant trees based on the adjusted diameter inch;
or
[c]
Pay a replanting fee to the City of Kirkwood of
$250 per adjusted diameter inch will be issued for the replacement
of the removed trees.
(2)
Replanting fee. When canopy coverage requirements are not met; developers,
builders, or homeowners shall pay a replanting fee to the City of
Kirkwood of $500 per 1,000 square feet of canopy.
(3)
All replanting fees shall be placed in a designated bank account
solely used for the costs associated with tree maintenance and protection.
