A.
Scope. This article contains the performance standards and regulations
pertaining to the landscape elements of residential, commercial, and
industrial properties; 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.
Purpose. The purpose of this division 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.
C.
Applicability. Except where specifically exempt in this article,
requirements stated herein are applicable to properties proposed for
subdivision into four or more lots, properties applying for a planned
development district properties applying for major site plan review,
any proposed landscaping change in excess of 20% of the landscaped
area of a site; maintenance and/or replacement of existing required
trees and landscaping; and to the installation, maintenance, and/or
replacement of trees in public rights-of-way or private streets within
all zoning districts.
[Ord. No. 5361, 5-23-2023]
D.
Conflicts. If the provisions of this article conflict with other
sections of this article or other ordinances or regulations, the more
stringent limitation or requirement shall govern or prevail to the
extent of the conflict.
E.
BIORETENTION/RAIN GARDEN
BUFFER, LANDSCAPE
CALIPER
CANOPY TREE
CRITICAL ROOT ZONE (CRZ)
CULTIVAR
DIAMETER
DRIPLINE
GROUND COVER
HEDGE
INVASIVE SPECIES
IRRIGATION SYSTEM
MONOCULTURE
MULCH
NATIVE PLANT SPECIES
SHRUB
SPECIES
STREET TREE
TOPPING
TREE LAWN
TREE PROTECTION ZONE
UNDERSTORY PLANTS
UNDERSTORY TREE
VARIETY
Definitions.
A landscaped area that lies below the level of its surroundings,
designed to absorb and filter rainwater that runs off a surface using
plant material, soils, and microbes.
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.
The thickness (diameter) of a tree trunk, when measured six
(6) inches above the ground for trees less than four (4) feet and
twelve (12) inches above the ground for trees greater than four (4)
feet.
A self-supporting woody plant of a species normally growing
in the St. Louis metropolitan area to a mature height of not less
than twenty (20) feet and a mature spread of not less than fifteen
(15) feet. Refer to landscape points chart provided herein for description
of medium and large canopy tree sizes and characteristics.
The area of tree roots within the crown dripline. This zone
is generally defined as the area underneath a tree's canopy, extending
from the tree's trunk to a point no less than the furthest crown dripline.
An assemblage of cultivated plants which is clearly distinguished
by any characteristics (morphological, physiological, cytological,
or chemical) and which, when reproduced (sexually or asexually), retains
its distinguishing characteristics.
The diameter of the trunk of a tree, in inches of diameter,
measured at breast height four and one-half (4.5) feet above the original
soil or natural grade. If a tree forks or separates into two or more
trunks below four and one-half (4.5) feet, then the trunk is measured
at its narrowest point below the fork. Also known as Diameter at Breast
Height, DBH.
A vertical line extending from the outermost branch tips
of a tree to the finished grade below.
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.
A plant species included on the Missouri Department of Conservation's
list of invasive species and identified as invasive by the Missouri
Invasive Task Force (MoIP) Invasive Plant Assessment.
A permanent, automatic artificial watering system installed
below grade designed to transport and distribute controlled amounts
of water to plants.
The cultivation of a dominant single species of planting
in an area.
Nonliving organic or rock materials customarily used in landscaping
designed to retain moisture, stabilize soil temperatures, control
weed growth, and retard erosion.
Plant species as identified by Grow Native as a Missouri
native plant.
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.
A unit or group of similar individual plants within a greater
genus sharing the same traits. For example. Q.alba, White Oak.
A tree located within or directly adjacent to public right-of-way
for the purpose of calming traffic, absorbing stormwater, and pollutants,
mitigating heat island effect, providing shade, and adding aesthetic
value.
The severe cutting back of limbs to stubs larger than three
(3) inches in diameter with the tree's crown to such degree to distort
the normal canopy shape, thus disfiguring the tree.
Planting area located within the right-of-way between the
edge of road pavement and sidewalks typically planted with turf lawn.
The zone around a tree that will be maintained at the original
grade and original conditions over the course of the development.
This zone is determined by the critical root zone (CRZ) location.
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 plant which normally attains an
overall height of no more than thirty (30) feet at maturity, usually
with one main stem or trunk and many branches. It may appear to have
several stems or trunks in several species.
A term used in the botanical sense to constitute a group
or class of plants subordinate to a species (e.g., subspecies). See
definition for cultivar, sometime used interchangeably with cultivar.
F.
Plan Submission Requirements for Landscape.
1.
Landscape Plans approved by the Director of Public Services shall
be required on all new construction, demolition, excavation, and site
redevelopment requiring permits from the Department of Public Services.
2.
Landscape Plans are not required for single-family construction activities unless a Tree Preservation Plan as outlined in § 26-21.5, Tree Preservation and Replacement Standards is required.
3.
Landscape plans submitted to the City for review shall have a scale
of 1" = 50' or larger, be on standard size drawing sheets no larger
than 36" x 48", and contain the following information:
a.
Drawing with graphic scale and drawing orientation (north arrow).
b.
Property lines, easements, rights-of-way (including dimensions).
c.
Zoning of site and adjoining properties.
d.
Existing and proposed contours at five (5) feet intervals or less.
e.
Location and dimensions of existing and proposed buildings, parking/vehicular
use areas, paved surfaces, walls, fences, exterior light fixtures,
including poles and wall packs, and other site features.
f.
Size and location of existing and proposed public and private utilities.
g.
Location and sizes of proposed trees and landscaping (proposed plant
material should provide detailed information for species, cultivars
(if applicable), size, and mature size).
h.
Location, size, and species of existing trees to remain on site.
i.
Construction details including but not limited to planting details,
fence details, location of irrigation systems (if applicable), trash,
lighting, and recycling dumpster location, etc.
j.
Estimated time schedule for planting installation.
k.
A tabulation clearly displaying the relevant statistical information
necessary to evaluate compliance with the provisions of this article.
This includes gross acreage, area of preservation areas, area of open
space, number of trees to be planted and/or preserved, square footage
of paved areas, required and provided parking spaces if applicable,
and such other information as required.
l.
An irrigation plan indicating the location of automatic irrigation
system layout, point of connections, utility connections and meters,
backflow prevention, drip/spray/rotor irrigation components, sleeving,
sensors, and piping.
m.
Name, address, and phone number of the property owner.
n.
Name, address, and phone number of the person and/or firm responsible
for the production of drawings.
[1]
Editor's Note: Ord. No. 5174 also changed the title of this
Section from "Scope; purpose; applicability; conflicts; definitions"
to "Landscape scope, purpose, applicability, conflicts, and definitions."
A.
Landscape installation and material standards.
1.
Plant selection.
a.
Acceptable tree species, cultivars, or varieties. Trees planted on
existing developed sites, in conjunction with new developments and
within public rights-of-way within all zoning districts, shall be
of the species, cultivars, or varieties listed in the tree tables,
on file with the City, except as otherwise provided herein. The species,
cultivar, and/or variety which are listed in evergreen tree tables
are not acceptable for planting within the public rights-of-way due
to susceptibility to salt damage, potential for impeding sight-distance
visibility, susceptibility to disease, potential for growth into street
pavement areas, and other potential for undesirable effects of such
plantings. The Director of Public Services shall maintain lists of
Acceptable Tree Species and Unacceptable Street Tree Species, which
shall be available for public inspection upon request. The Director
shall have the right, from time to time, to modify, delete or add
to the species, cultivars, or varieties listed in such lists.
b.
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 present other undesirable
effects, the trees not listed in the Acceptable Tree Species List,
shall not be planted on existing development sites, in conjunction
with new developments or within public rights-of-way in any zoning
district, except upon the approval of the Planning Commission. The
Planning Commission may allow for such exceptions where it is demonstrated
that such plantings will not be a detriment to adjoining streets,
other nearby property, or the trees thereon.
c.
Biodiversity/plant species mix.
(1)
To promote biodiversity of the City's tree canopy, monoculture
plantings should be avoided.
(2)
For a project area or landscape plan submittal where more than
ten (10) trees are required, one species may be no greater than thirty
percent (30%) of the tree total unless otherwise approved by the City.
Native tree species are preferred for selection.
(3)
When landscape is to be planted to meet the requirements of
this Chapter, at least twenty-five percent (25%) of the landscape
must be comprised of native plant species or cultivars of native plant
species.
d.
Alternative compliance. Alternative species, cultivars, and varieties
not included on the City's acceptable tree lists may be proposed if
it can be demonstrated to the Director of Public Services that the
intent of this Section can be met. Proposed alternative shall be submitted
to the Director of Public Services for his/her review and approval
if deemed appropriate.
e.
Invasive Species. Invasive species as noted in Missouri Department
of Conservation shall not be planted or cultivated. Invasive species,
if present on site, must be contained within the site.
2.
Plant materials. Furnish nursery-grown plants complying with ANSI
Z60.1 American Standards for Nursery Stock; and with healthy root
systems developed by transplanting or root pruning. Plants should
be well-shaped, fully branched, healthy, vigorous stock, densely foliated
when in leaf, and free of disease, pests, eggs, larvae, and defects
such as knots, sun scald, injuries, abrasions, and disfigurement.
3.
Planting size. Plants used for landscaping should be of sizes, grades,
and ball or container sizes complying with ANSI Z60.1 American Standards
for Nursery Stock. The following indicates required minimum sizes
for various plant categories:
a.
Ornamental Tree plantings shall be at least 2" — 2.5" Caliper.
b.
Canopy Tree plantings shall be 2.5" Caliper, or greater.
c.
Evergreen Tree plantings shall be at least 6' height.
d.
Deciduous and Evergreen Shrub plantings shall be 5-gallon container,
or larger.
e.
Perennial and mass ornamental grass plantings will be at least a
1-gallon container.
f.
Native plug plantings may be used as part of required landscape,
with approval from the Director of Public Services or his/her agent.
4.
Planting seasons. Recommended planting time for perennials is early
April. Trees and Shrubs should be planted in early November or in
late March through April.
5.
Planting soil conditions. Soil for backfilling planting areas and
plant pits shall be the existing topsoil, free from subsoil, objectionable
weeds, litter, sods, stiff clay, stones, stumps, roots, trash, toxic
substances, mortar, cement, limerock, asphalt, or any other material
that may be harmful to plant growth or hinder planting operations.
Poorly drained soil shall not be used. It is encouraged to test planting
area soils by a qualified soils laboratory. Fertilizer and compost
shall be used as recommended by ANSI Z60.1 American Standards for
Nursery Stock to achieve the correct rates of nitrogen, phosphorous,
and potassium and organic matter as determined by results of soil
tests.
6.
Mulching. All landscaped areas shall be covered with a suitable organic
or mineral mulch material where not otherwise planted with established
groundcover or turf.
7.
Digging in street rights-of-way or easements. It shall be the responsibility
of the person planning to install plant materials, within a street
right-of-way or a utility easement, to obtain a permit from the City
if required by this Code, and to notify any utility company or public
agency having any underground utilities within such right-of-way or
easement. This notification shall take place prior to any digging
and all work shall be in accordance with any rules and regulations
as provided for by City ordinance or state law or by regulations of
the utility companies or public agency.
B.
Landscape design standards.
1.
Landscape points system.
a.
A point system is used for the measuring of proposed landscape designs
submitted to the City for various required plan review processes.
The landscape points indicated on the plan shall be used to ensure
compliance with various landscape design requirements prescribed herein.
Required and provided landscape points calculations shall be clearly
shown on the plan submittals for City review.
b.
Landscape points chart. The following chart shall be used to determine
points available for each planting type.
LANDSCAPE POINTS CHART
| ||
---|---|---|
Plant Category
|
Plant Characteristics
|
Points Per Plant
|
Large Canopy Tree
|
Deciduous tree with a mature size approximately 50 feet or more
in height and spread. Typically broad, rounded, or ovate in habit.
|
30
|
Medium Canopy Tree
|
Deciduous tree with a mature size approximately between 25 and
50 feet in height and spread. Typically broad, rounded, or ovate in
habit.
|
20
|
Understory/Ornamental Tree
|
Deciduous tree with a mature size approximately 25 feet or less
in height and spread. Ornamental trees have unique features such as
attractive flowers, bark, or foliage. Habit varies.
|
10
|
Large Evergreen Tree
|
Evergreen tree with a mature size approximately 50 feet or more
in height. Typically upright or pyramidal in habit.
|
30
|
Medium Evergreen Tree
|
Evergreen tree with a mature size approximately between 20 and
50 feet or more in height. Typically upright or pyramidal in habit.
|
20
|
Small Evergreen Tree
|
Evergreen tree with a mature size approximately less than 20
in height. Typically upright, fastigate, or pyramidal in habit.
|
10
|
Large Deciduous Shrub
|
Deciduous shrub with an approximate mature size greater than
eight feet in height. Typically rounded or spreading in habit.
|
5
|
Deciduous Shrub
|
Deciduous shrub with an approximate mature size less than eight
feet in height. Typically rounded or spreading in habit.
|
3
|
Large Evergreen Shrub
|
Deciduous shrub with an approximate mature size greater than
five feet in height. Typically spreading in habit.
|
5
|
Evergreen Shrub
|
Deciduous shrub with an approximate mature size less than five
feet in height. Typically spreading in habit.
|
3
|
Perennials/Groundcover*
|
Herbaceous perennials, ornamental grasses, and low profile/creeping
evergreens. Height, habit, and seasonal characteristics varies.
|
1pt per 10 Square feet of area covered*
|
Note: Turfgrass areas do not contribute to landscape point requirements.
| |
*
|
Perennials/Groundcover plantings shall be spaced such that 100%
coverage is achieved at plant maturity for areas calculated and contributing
to plantings requirements.
|
2.
General landscape requirements.
a.
Any part of the lot area not used for buildings, other structures,
or for parking, loading, access ways, and other pavement areas shall
be landscaped and maintained with turf, ground cover, trees, shrubs,
or native planting areas.
b.
Irrigation requirements.
(1)
All required landscape on parcels with a commercial, industrial,
and/or multi-family residential land use type must be automatically
irrigated to properly establish and maintain the selected plant material
with a minimum of overspray and without significant potential for
causing erosion. Water-efficient irrigation components such as drip
irrigation and weather sensors are encouraged to be used.
(2)
Automatic irrigation systems are recommended although not required
for single-family and two-family properties. It is the responsibility
of the property owner to ensure that irrigation is provided to properly
establish and maintain required landscape.
(3)
Irrigation systems should be properly winterized prior to winter
months to prevent freezing. It shall be the property owner's responsibility
to properly prepare irrigation lines for months during which freezing
may occur and perform testing of backflow equipment as required.
(4)
Backflow equipment shall be located and/or screened in a manner
that limits visibility of equipment from view of general public. Backflow
equipment installed in areas with potential access by the general
public should be installed in a lockable cage to prevent damage, theft,
and vandalism.
c.
The design standards for water discharge management contained in
§ 26-44(N)(4) of this Code shall be applicable.
3.
Landscape plantings within or near street right-of-way.
a.
Layout and clearance requirements.
(1)
Sight distance triangle and clearance.
(a)
Sight-distance triangle on private property. Site-distance triangles shall be maintained in accordance with § 26-5, Defined Terms, and nothing shall be erected, placed, planted, or allowed to grow between a height of two (2) feet and ten (10) feet above the grades at the back of the curb (or edge of pavement where no curb exists) of the intersecting streets. The sight-distance triangle may be increased, when deemed necessary for traffic safety, by the Director of Public Services or his/her designated representative.
(b)
Sight-distance clearance within right-of-way. No tree or other
landscape plantings exceeding two (2) feet in height at maturity shall
be planted in public rights-of-way closer than thirty (30) feet of
any street corner, measured from the point of intersecting curbs or
edge of pavement. The point of intersection is where the projection
of a straight line along such curb or edge of pavement of each street
intersects with each other.
(2)
Typical street tree placement requirements.
(a)
Tree lawns and tree pits.
(i)
Minimum tree lawn width requirements. In no event
shall a tree be planted where the clear space between the curb and
a sidewalk is less than six (6) feet, except where authorized by the
Director of Public Services or his/her designated representative.
(ii)
All street trees shall be placed midway between
the curb, or edge of pavement, and sidewalk wherever practical.
(iv)
Alternative compliance. In instances where less
than six (6) feet of space between the curb and sidewalk is provided,
medium and ornamental trees may be planted if measures are taken to
ensure the tree can grow to maturity and be healthy. These measures
include but are not limited to use of Structural Soil, Modular Suspended
Pavement Systems (Soil Cells), and Root Directors. The Director of
Public Services or his/her designated representative have sole discretion
over the approval of alternative compliance measures.
(b)
Streets without sidewalks or where the existing tree lawn is
too narrow for tree plantings. On parcels of land where no sidewalk
exists or the existing tree lawn is too narrow for tree plantings,
the required street trees shall be planted using alternative compliance
methods in the tree lawn or in an area not more than twenty (20) feet
nor less than sixteen (16) feet from the back of the curb or the edge
of street pavement. Street trees planted between sixteen (16) and
twenty (20) feet from the back of the curb or the edge of street pavement
shall be large canopy species.
(c)
Setback from utility lines and structures. Trees shall be planted
a minimum ten (10) feet from underground utilities and at-grade utility
structures.
(d)
Interference with overhead utility wires. Planting of canopy
trees should be avoided in instances where canopy trees of either
medium or large size are likely to cause interference with overhead
utility wires. In these instances, understory trees may be acceptable
for planting as determined by the Director of Public Services or his/her
designated representative.
(e)
Easements. Planting of trees within easements should be avoided
where possible. Planting within easements must be approved by owner
of said easement.
(f)
Planting near fire hydrants. No shrubs or trees shall be located
within ten (10) feet of a fire hydrant.
b.
Street tree planting requirements.
(1)
Residential street frontage: Fifty (50) points per one hundred
(100) lineal feet of lot frontage.
(2)
Non-residential street frontage: Thirty (30) points per one
hundred (100) lineal feet of lot frontage.
(3)
WRO street frontage: Forty (40) points per one hundred (100)
lineal feet of lot frontage.
(4)
Large and medium sized canopy trees selected from the City's
Acceptable Tree Species Lists shall be used for street tree plantings.
Understory street tree plantings may be used with approval from the
Director of Public Services, provided that the use of medium or large
canopy trees is not feasible due to existing conditions (i.e. utilities
& space limitations).
(6)
Street trees shall be evenly distributed across the length of
the property's street frontage.
4.
Landscape buffer requirements.
[Ord. No. 5361, 5-23-2023]
a.
Landscape buffers are required to provide a transition between lots
with differing types of land uses. Multiple options have been provided
herein to allow developers and designers a degree of flexibility in
the design of the landscape buffers. Diagrams have been provided for
each option to help illustrate intent.
b.
The landscape buffers shall be composed of a mixture of plant materials,
earthen berms, and fencing as required for each buffer type. Please
note, while the requirements presented for each buffer option provide
some flexibility in the layout of the composition of material, the
buffer must be designed in a way that creates a uniform opacity for
the entire extent of the buffer.
c.
Where fencing is required as part of the landscape buffer, the fencing shall be provided in accordance with the requirements of § 26-22 (Site and Landscape Design Standards, Fencing) of this Chapter.
The height of required buffering fencing 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 percent (30%) and shall be completely covered with
shrubs, grass, or other living ground cover, in addition to the plant
material specified herein.
d.
Landscape buffers where required shall be free of buildings, driveways,
parking areas, and service areas. Pedestrian walkways may be provided
within required landscape buffers if planting requirements and fencing
requirements can be met.
e.
Landscape buffer chart. The chart below shall determine which minimum
landscape buffering requirements are requirements for each land use
proposed adjacency.
Adjacent Property Land Use
| ||||||
---|---|---|---|---|---|---|
Proposed Land Use
|
Industrial
|
Commercial/Non-Residential
|
Civic/Institutional
|
Multi-Family Residential
|
Detached house or Duplex
| |
Industrial
|
Not Required
|
Buffer Type B
|
Buffer Type A
|
Buffer Type A
|
Buffer Type A
| |
Commercial
|
Not Required
|
Not Required
|
Buffer Type B
|
Buffer Type C
|
Buffer Type B
| |
Civic/Institutional
|
Not Required
|
Not Required
|
Not Required
|
Buffer Type C
|
Buffer Type B
| |
Multi-Family Residential
|
Buffer Type B
|
Not Required
|
Buffer Type B
|
Buffer Type C
|
Buffer Type B
| |
Detached house or Duplex
|
Not Required1
|
Not Required1
|
Not Required1
|
Not Required
|
Not Required
|
1 New subdivisions of four or more
detached houses or duplexes shall be required to provide Buffer Type
B, described below, where adjacent to an industrial, commercial, or
civic/institutional use.
|
f.
Buffer Type ST described below shall be provided and maintained within
the required thirty (30) foot front yard and shall separate the off-street
parking and drive areas from any public or private street.
g.
Buffer Types.
(1)
Buffer Type A.
(a)
Minimum landscape area width: Fifty (50) foot minimum width.
(b)
Sight-proof fencing required: Yes.
(c)
Landscape points required. Three hundred (300) points per one
hundred (100) linear feet of landscape buffer. Each one hundred (100)
linear feet of landscape buffer must meet the following:
(i)
One-hundred eighty (180) points minimum must be
provided by evergreen trees of medium size or larger.
(ii)
Ninety (90) points minimum must be provided by
canopy trees of medium size or larger.
(iii)
Shrub and groundcover plantings, while encouraged,
shall not contribute to point totals for this buffer.
(2)
Buffer Type B.
(a)
Minimum landscape area width: Twenty-five (25) foot minimum
width.
(b)
Sight-proof fencing required: Yes.
(c)
Planting points required. Two hundred thirty (230) points per
one hundred (100) linear feet of landscape buffer. Each one hundred
(100) linear feet of landscape buffer must meet the following:
(i)
One hundred forty (140) points minimum must be
provided by evergreen trees of medium size or larger.
(ii)
Sixty (60) points minimum must be provided by
canopy trees of medium size or larger.
(iii)
Shrub and groundcover plantings, while encouraged,
shall not contribute to point totals for this buffer.
(3)
Buffer Type C.
(a)
Minimum landscape area Width: Twenty-five (25) foot minimum
width.
(b)
Sight-proof fencing required: No.
(c)
Planting points required. Two hundred twenty (220) points per
one hundred (100) linear feet of landscape buffer.
(i)
One hundred twenty (120) points minimum must be
provided by evergreen trees of medium size or larger.
(ii)
Sixty (60) points minimum must be provided by
canopy trees of medium size or larger.
(iii)
Shrub and groundcover plantings, while encouraged,
shall not contribute to point totals for this buffer.
(4)
Buffer Type ST (Buffer between off-street parking and street)
(a)
Minimum landscape area width: Ten (10) foot minimum width.
(b)
Sight-proof fencing required: No.
(c)
Planting points required. One hundred ten (110) points per one
hundred (100) linear feet of landscape buffer.
(i)
Plantings shall include a combination of deciduous
shrub, evergreen shrubs, and groundcover plantings to achieve an overall
average buffer height no less than thirty (30) inches and no taller
than forty-eight (48) inches.
(ii)
Seventy-five (75) points minimum shall be provided
by evergreen shrub plantings.
(5)
Exceptions for severe slopes. In instances where the slope of
terrain negates the effectiveness of the required buffer yard, exceptions
to the required buffer yard may be made with the approval of the Planning
Commission.
5.
Off-street parking landscape requirements.
a.
Interior landscape. Interior landscape space and tree plantings shall
be provided for non-structure off-street parking as described herein.
Total off-street parking area shall be calculated to include all paved
parking spaces, loading areas, and drive aisles. Interior landscaping
shall be provided within off-street parking areas as follows:
(1)
Minimum area required. Seven and one-half percent (7.5%) of
interior parking lot area shall be dedicated to green space.
(2)
Interior parking bays rows that contain ten (10) or more contiguous
parking stalls shall be capped on both ends by a landscape island
and interior parking rows that contain fifteen (15) or more parking
stalls shall also include at least one (1) landscape island every
one hundred (100) linear feet within the row.
[Ord. No. 5361, 5-23-2023]
(3)
Landscape islands or peninsulas with tree plantings shall be
at least nine (9) feet wide measured face to face of curb, have a
minimum of two hundred (200) square feet of pervious area per each
tree, and provide suitable planting soil to a minimum depth of twenty-four
(24) inches.
(4)
Landscape islands or peninsulas without tree plantings shall
be at least six (6) feet wide measured face to face of curb.
(5)
Landscape island areas shall be protected from vehicular encroachment
by non-mountable, reinforced concrete curbing of a type specified
by the Director of Public Services except where planting beds are
recessed and intended to function as rain gardens (also refer to Interior
Landscape Bioretention). The use of unreinforced extruded curbing
of asphalt or other materials is prohibited.
(6)
In instances where vehicle parking occurs perpendicular or parallel
to parking islands landscape plantings, other than low profile ground
cover (grass, ivy, creeping juniper, wood mulch, or similar materials),
shall be maintained twelve (12) inches clear of the back of the curb.
(7)
No landscape hedge, bushes, shrubs, or other low-growing plant
material, wall or berm shall exceed two (2) feet in height within
ninety (90) feet of any driveway opening.
(8)
Interior landscape bioretention:
(a)
It is encouraged that interior landscape space placed between
parking aisles, at the end of drive aisles, or around the perimeter
of a parking lot function as bioretention areas.
(b)
Interior landscape functioning as bioretention shall have notched
curbs to allow sufficient storm water passage while also preventing
vehicular encroachment.
(c)
Bioretention areas shall be planted with native plants or deep-rooted
non-native perennial plants that are adapted to bioretention growing
conditions.
(d)
Appropriate bioretention soils and subdrainage shall be provided
within bioretention areas to ensure proper function and to prevent
ponding of water for extended periods.
(e)
Property owner shall be responsible for regular maintenance
of bioretention areas to ensure they remain functional with viable
plants that have adapted to the bioretention growing conditions, and
are free of debris, weeds, and accumulation of gravel that reduce
the effectiveness of the bioretention area.
(9)
Point requirements. Interior landscape space within off-street
parking areas shall be planted with understory plantings of shrubs,
groundcover, or turf as prescribed below:
(a)
Residential districts: One hundred (100) points per one thousand
(1,000) square feet of green space.
(b)
Non-residential districts: One hundred twenty (120) points per
one thousand (1,000) square feet of green space.
(c)
Watson road overlay area: One hundred twenty (140) points per
one thousand (1,000) square feet of green space.
(d)
Note, parking lot trees required shall be provided in addition
to interior landscape plantings and shall not be included in point
calculations.
b.
Parking lot tree requirements. Tree plantings shall be incorporated
within off-street parking areas to provide shade on vehicular use
areas, as follows:
(1)
No parking stall shall be more than fifty (50) feet away from
a medium or large canopy tree. This may include trees planted within
the perimeter or interior landscape of the parking/vehicular use area,
adjacent street trees, or adjacent buffer or open space trees.
6.
Open space tree plantings.
a.
Description. Open space trees shall be planted, or acceptable existing
trees shall be preserved in open spaces to promote healthy tree canopy
within the City. Open lot area will be considered the lot area not
covered with buildings or structures and shall be used to calculate
open space tree planting requirements at the ratios noted below:
b.
Point requirements.
(1)
Residential districts: Thirty (30) points per every ten thousand
(10,000) square feet of open lot area.
(2)
Non-residential districts: Twenty (20) points per every ten
thousand (10,000) square feet of open lot area.
(3)
Watson road overlay area: Thirty (30) points per every ten thousand
(10,000) square feet of open lot area.
(4)
Points calculated to satisfy open space tree requirements must
be canopy trees or large evergreen trees.
c.
Trees used for parking lots/vehicular use areas, trees for landscape
buffers, or street trees planted on private property can be counted
towards open space tree requirements.
d.
Existing trees saved, meeting minimum size, of acceptable species,
and in good health may be counted toward open space tree totals.
e.
Large open sports/play fields or native meadow plantings areas may
be excluded from the calculation with approval from the Director of
Public Services or his/her designee.
7.
Foundation planting requirement.
a.
Description. Building foundation landscaping is required on all properties
within the Watson Road Overlay Area. Foundation landscaping shall
be planted with a combination of shrubs, ornamental trees, and groundcover
to accent architectural features and visually soften expanses of building
walls, particularly those lacking windows.
b.
Foundation landscaping shall be placed along the entire length of
building facades facing rights-of-way and/or off-street parking areas,
with the exception of areas where walkways and/or driveway crossings
are located.
c.
Layout and selection of foundation plantings shall be designed to
be compatible with architectural materials, form of buildings, and
care should be taken to prevent blocking views and light passage into
building windows.
d.
The minimum width of landscape area provided along building foundations
shall be six (6) feet.
e.
Point requirements. One hundred (100) points per one hundred (100)
linear feet of building facade.
8.
Screening.
At commercial, industrial, multi-family, and civic/institutional uses,
the following elements shall be screened as described below.
[Ord. No. 5361, 5-23-2023]
a.
Ground-mounted
equipment and storage. Where adjacent to nonindustrial uses, all mechanical
equipment and 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, fences, walls, or combinations of these
materials at least eight feet in height so that such materials and
equipment are not visible at six feet above the grade of the adjacent
street(s) and adjoining property lines.
b.
Trash
containers. Outside rubbish, garbage, and dumpster containers shall
be permanently screened from view from all four sides by an enclosure
with masonry walls and a workable privacy gate or door of durable
solid metal, vinyl, or wood. Enclosure walls shall have a minimum
height of six feet and a maximum height of eight feet. Enclosures
shall not be located in a front yard and shall be located a minimum
of one hundred twenty-five (125) feet from front lot lines. Materials
other than masonry may be permitted upon approval by the Planning,
Zoning and Architectural Review Commission. Enclosures shall be comprised
of a color and composition compatible with that of the main structure
of the premises.
c.
Loading
areas. Loading and service areas shall be screened with sight-proof
fences, walls, or dense vegetative plantings or a combination of these
materials at least eight (8) feet in height where adjacent to residential
areas. In all instances, views into loading and service areas from
the adjacent right of way shall be minimized by site placement and/or
means of screening.
d.
Ground-mounted
equipment, storage, trash containers, and loading areas shall not
be located in a required landscape buffer.
C.
Non-conforming conditions.
1.
Existing parcels before adoption of this Code. Existing parcels with
previously approved landscape plans and required landscape shall be
maintained as previously required and shall be required to be brought
in compliance with the requirements of this code during the next subsequent
required landscape plan submittal or upon any of the circumstances
described in § 26-20(C) of this Chapter.
2.
Landscape plans approved after the adoption of this Code. All landscaping
required and approved as part of a landscape plan submittal after
the adoption of this Code shall be provided and maintained as described
herein.
D.
Maintenance standards.
1.
Maintenance responsibility. The owner of land shall be responsible
for the maintenance of all landscape plantings located on his/her
land and within the right-of-way to which the land abuts, except for
trees planted by the City within a public right-of-way. Trees planted
by the City and located within public rights-of-way shall be managed
by the City. All required landscape plantings shall be maintained
in a healthy and neat condition.
2.
Maintenance and replacement of required landscape. All required landscape plantings must be maintained in a clean and healthy condition and all dead plants must be removed within thirty (30) days and replaced within sixty (60) days of removal, weather and planting season permitting, with plants of equivalent size. Maintenance must include adequate watering, pruning, mowing, and removal of litter on private property as well as area between property line and back of curb or edge of pavement. Refer to § 26-21.5 for requirements pertaining to the removal and replacement of trees.
3.
Vertical clearance requirements. To assure the safe and unimpeded
progress of emergency and street maintenance vehicles, all trees,
plants, and shrubs that are within or adjacent to and overhanging
any street, highway, road or thoroughfare shall be maintained to have
the following vertical clearances (when fully leafed):
4.
Removal or pruning of landscape plantings representing hazards or
obstructions.
a.
Diseased or damaged trees. Any dead or diseased tree, on private
property or within public rights-of-way, which constitutes a hazard
to life or property; is diseased or infested with destructive insects
or fungi; or is injurious to sewers, electric power lines, gas lines,
water lines, or other public improvements shall be removed.
b.
Obstructions. It shall be the responsibility of the property owner
to remove any trees, shrubs, or parts thereof, which are planted on
their property and which overhang or interfere with traffic control
devices, street lighting, public sidewalks, rights-of-way, or property
owned by the City.
(1)
All trees, shrubs, and plants planted adjacent to walkways shall
be maintained to provide an accessible pathway with vegetation pruned
a minimum eight (8) feet above walkway surface.
c.
Removal or pruning order. The Director of Public Services, or the
Director's designated representative, shall have the authority to
order the pruning or removal of any invasive species, tree or part
thereof on private property or within a public right-of-way, which
is in violation of the regulations and standards contained in this
division.
d.
Procedures upon order to prune or remove.
(1)
Written order. When the Director of Public Services, or the
Director's designated representative, finds it necessary to order
the pruning or removal of trees or plants upon private property, as
provided for herein, then he/she shall serve a written order upon
the property owner to correct the condition creating danger, hazard,
or obstruction. The order required herein shall be served by at least
one of the following methods:
(2)
Time limit for compliance. The order required herein shall set
forth a time limit for complying with such order, which shall not
be earlier than seven (7) days from the date of the order, except
as provided for herein. Upon discovery of hazardous conditions which
present extreme danger to persons or property, the Director of Public
Services, or the Director's designated representative, shall have
the authority to require forthwith compliance immediately upon service
of the order.
(3)
Failure to comply with order. When a property owner to whom
an order is directed fails to comply within the specified period of
time, the Director of Public Services, or the Director's designated
representative, shall remedy the condition or contract with others
for such purpose and charge the cost thereof to the person or party.
(4)
Immediate action by City. When, in the opinion of the Director
of Public Services or the Director's 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 Director of Public Services or the Director's
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.
(5)
Special assessment. The costs incurred in the performance of
any procedure required as a result of conditions as outlined 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 Director of Public Services,
or the Director's authorized representative, 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 Director of Public
Services 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.
5.
Stump removal. 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.
6.
Pruning.
a.
All pruning should be accomplished according to standard horticultural
practices.
b.
Trees may be periodically pruned or thinned in order to reduce the
leaf mass and thus increase visibility to the site and/or minimize
damage from storms. Trees severely damaged by storms or other causes,
or trees under utility wires or other obstructions where standard
horticultural pruning practices are impractical, may be exempted from
this prohibition at the determination of the Director of Public Services.
7.
Mowing. Turf grass shall be limited to a height below the height
designated as a public nuisance in the City Code.
8.
Interference. It shall be unlawful to delay, or in any manner interfere
with, the Director of Public Services, or the Director's designated
representative, in planting, pruning, spraying or removing any tree,
shrub, vine, or other 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 the Director of Public Services, or the Director's designated
representative, in the removal of dangerous or diseased trees on private
property as provided for herein; or to interfere with the Director
of Public Services, or the Director's designated representative, in
the discharge of duties provided for in this division.
9.
Landscape maintenance surety.
a.
Landscape installation bond. When the estimated material's costs
for new landscaping shown in a landscape plan exceeds $1,000 as determined
by a plant nursery, the applicant shall furnish a two-year surety
(bond or escrow) sufficient in amount to guarantee the installation
of said landscaping with an executed landscape agreement.
b.
After installation of landscaping is completed, a request for approval
of work shall be submitted in writing to the Director of Public Services.
The property will be inspected by the City of Crestwood and, upon
approval, written notification will be provided that a twenty-four
(24) month maintenance period has begun. Subsequently, after twenty-four
(24) months, a follow-up inspection shall be conducted by the City
of Crestwood to ensure landscape has been maintained and has matured
appropriately. Upon approval of maintenance, written notification
to release the Landscape Bond will be provided.
c.
A Landscape Bond submittal shall include the following:
(1)
Two (2) copies of the Landscape Bond with original signatures
and seals.
(2)
Two (2) copies of the approved Landscape Installation Bid with
original signatures and seals.
(3)
One (1) original Acknowledged Power of Attorney statements of
the surety.
(4)
One (1) original notary acknowledgement of the attorney's signature
(attorney-in-fact).
d.
Landscape Bonds are approved by the Director of Public Services or
the Director's designee. Landscape Bonds are distributed to the Surety
Holder, the Developer, and appropriate Division files.
E.
Modifications.
1.
The Planning Commission may grant a modification to the above standards
and may attach conditions as it deems necessary to comply with the
purpose and intent of this section, or may deny the request.
2.
Any landscape plan submitted to and denied by the Planning Commission
may be appealed and a modification request may be made within thirty
(30) days of the receipt of a notice of denial.
3.
Appeals and requests for modifications shall be sent to the Planning
Commission specifying the grounds for appeal including but not limited
to demonstration of undue hardship. The Planning Commission shall
transmit the appeal and variance request to the Board of Aldermen.
The Board of Aldermen will review the appeal and provide a decision
on the modification request.
|
[1]
Editor's Note: Ord. No. 5174 also changed the title of this
Section from "Landscape design standards" to "Landscape standards."
[Added 8-24-2021 by Ord. No. 5174]
A.
Purpose.
1.
The purpose of this section is to encourage the preservation of desirable
trees, woodlands, and natural features. The intent of the preservation
of existing tree resources within the community is to:
a.
Preserve and improve visual landscape character and aesthetics;
b.
Promote filtering of air pollutants, oxygen regeneration, ground
water recharge, reduce stormwater runoff, improve water quality, stabilize
soil, attract wildlife, and prevent erosion;
c.
Reduce the effects of urban heat island;
d.
Protect tree plantings that provide functional traffic calming
benefits; and
e.
Protect property values.
B.
Applicability. Except where specifically exempt in this section,
requirements stated herein are applicable to all existing private
and public properties, public rights-of-way, all vacant and undeveloped
land, properties proposed for subdivision, properties applying for
conditional use permit, properties applying for site plan review,
properties applying for building permits, and all properties to be
redeveloped including additions and alterations.
C.
Plan submission requirements for tree preservation.
1.
Tree Preservation Plans (hereinafter "TPP") approved by the Director
of Public Services shall be required on all new construction, demolition,
excavation, and site redevelopment requiring permits from the Department
of Public Services.
2.
TPP are not required for single-family construction activities when
the gross area of an addition to an existing building, accessory structure,
parking lot, or outside storage yard is less than one thousand (1,000)
square feet or increases site coverage by less than ten (10%) percent,
whichever is greater.
3.
TPP submitted to the City for review shall have a scale of 1" = 50'
or larger, be on standard size drawing sheets no larger than 36" x
48", and contain the following information:
a.
Drawing scale & drawing orientation (north arrow).
b.
Property lines, easements, rights-of-way (including dimensions).
c.
Existing and proposed contours at five (5) feet intervals or
less.
d.
Limits of disturbance and clearing limits.
e.
Location and dimensions of existing and proposed buildings,
parking/vehicular use areas, paved surfaces, walls, fences, lights,
and other site features.
f.
Size and location of existing and proposed public and private
utilities.
g.
Location, size, and species of existing trees to remain on site.
h.
Location, size, and species of existing trees to be removed
from site.
i.
Photographs of trees to be removed.
j.
Layout and details of tree protection measures as identified
and required by this section herein (i.e., tree protection fencing,
root pruning, tree protection mats, silt fencing).
k.
Name, address, and phone number of the property owner.
l.
Name, address, and phone number of the Professional Landscape
Architect or Certified Arborist responsible for the production of
drawings.
4.
TPP submitted for all properties except those with a primary existing
and future use of individual single-family or two-family residential
shall be prepared, signed, and sealed by a Missouri Landscape Architect,
Urban Forester, or Certified Arborist.
5.
TPP submitted for properties with an existing and future use of individual
single-family or two-family are not required to be sealed by a Missouri
Landscape Architect, Urban Forester, or a Certified Arborist.
D.
Protected tree classification. The following trees shall be classified
as protected trees.
1.
Any tree located within public rights-of-way or public property (i.e.
Parks). Removal of existing trees located in public rights-of-way
not under City of Crestwood jurisdiction (i.e., MoDOT) may require
additional review and approval or other requirements in addition to
that required by this section.
2.
Any tree previously installed, preserved, and/or maintained as part
of a submittal process with the City to satisfy landscape code requirements
(i.e., buffer plantings, street tree plantings, parking lot landscape,
open space tree plantings).
3.
Any tree located on private property that meets all of the following
conditions:
a.
Tree removal is associated with new construction, demolition,
excavation, and site redevelopment requiring permits from the Department
of Public Services.
b.
DBH of eighteen (18) inches or more, or a circumference measurement
of fifty-six (56) inches or more at breast height (4.5 feet above
ground).
c.
Tree is in fair condition or better. Fair condition is defined
as having the following characteristics:
(1)
The tree exhibits minor signs of pest problems, trunk damage,
and decline. No more than thirty percent (30%) of the tree canopy
exhibits crown decline and dieback.
(2)
Branching habit indicates poor pruning or damage, which requires
moderate corrections. Co-dominant stems may be present.
(3)
Tree shape and form is in acceptable condition for that species.
(4)
Tree has limited concerns for its use and function in its site
location.
d.
Tree Species is not classified as an invasive species as defined
by the Missouri Department of Conservation.
E.
Tree removal and replacement standards.
1.
Removal of protected trees. Protected trees as stated herein shall
not be damaged or removed at any time until the following conditions
are satisfied:
a.
A tree removal permit application has been filed, reviewed,
and granted written approval by the Director of Public Services for
removal of a protected tree(s) located within public rights-of-way
or on public property and protected tree(s) installed, preserved,
and/or maintained as part of a submittal process with the City to
satisfy any code requirements.
b.
The permit and/or site plan review application has been filed,
reviewed, and granted written approval by the Director of Public Services
for any protected tree removal associated with private development
and/or construction activities.
c.
A protected tree may be removed without written approval only
if required as an emergency measure to remedy an unsafe condition
potentially injurious to the public, in which case the person or commercial
entity shall immediately report the action to the City and be required
to replace the tree as required by this section.
2.
Removal of tree(s) prior to landscape disturbance/site development.
Any trees which have been removed from a property within twelve (12)
months prior to application for new construction, demolition, excavation,
and site redevelopment requiring permits from the Department of Public
Services, shall be deemed to have been in good condition unless otherwise
previous conditions can be documented, including photo documentation,
by the property owner.
3.
Replacement of protected trees. Protected trees proposed for removal
shall be replaced as follows:
a.
Street trees and trees located on public rights-of-way shall
be replaced at a minimum one-to-one ratio, or as needed to meet minimum
street tree requirements as specified by the ordinance, or as recommended
by the Director of Public Services or his/her third-party consultant.
b.
Protected trees located on public or private property which are not classified as street trees shall be replaced at a ratio of three (3) caliper inches of replacement tree for every nine (9) DBH inches of protected tree that is removed. If circumference was used as the measurement method, protected trees shall be replaced at a ratio of three (3) caliper inches of replacement tree for every twenty-eight (28) inches of protected tree circumference at breast height that is removed. Tree replacement may be waived by the Director of Public Services if the owner can verify that the open space tree requirement stipulated in § 26-21 can be met or exceeded on the property after the removal of the protected tree(s).
c.
In instances where insufficient site space or other limiting
factors prevents the replanting of required replacement trees, a monetary
payment may be made to the City's Tree Fund in-lieu of planting at
a rate of $250 per caliper inch of required tree replacement not planted.
d.
Replacement trees must meet the following minimum criteria:
(1)
Replacement trees shall be of a similar type and have similar
characteristics to the removed protected tree.
(2)
Replacement canopy trees shall be a minimum of two (2) inches
or greater in caliper. Replacement ornamental trees shall be a minimum
of one and one-half (1.5) inches or greater in caliper.
(3)
Replacement evergreen trees shall be a minimum six (6) feet
installed height and have an intact central leader. An evergreen tree
with a six (6) to eight (8) foot installed height shall be equivalent
to three (3) caliper inches of replacement tree.
(4)
Species classified as an invasive species by the Missouri Department
of Conservation or the City of Crestwood are not permitted as replacement
trees.
(5)
Replacement tree(s) to be planted on public rights-of-way or
as a street tree shall be selected from the Acceptable Species within
the City of Crestwood Master Tree Species list.
4.
Protected tree removal and replacement standards provided herein
shall not apply to routine maintenance, removal of invasive species,
removal of hazardous trees, or removal of protected trees on City-owned
property or parkland that the Director of Public Services deems necessary
to serving public welfare or benefiting the community.
F.
Tree protection standards. Any existing tree identified for preservation
on a Tree Preservation Plan submitted and approved by the Director
of Public Services shall be protected as indicated on the approved
plan and as described herein.
1.
Tree protection measures identified by a Tree Preservation Plan,
or otherwise required as stated herein or by a permit issued by the
Director of Public Services, should be in place and fully installed
prior to redevelopment or construction of a site.
2.
Developer(s) of a site shall be responsible for the replacement of
protected trees damaged beyond repair if the trees are harmed due
to lack of protection or through negligence on the part of the developer/contractor.
3.
Tree protection measures. Measures utilized by developers and their
contractors before and during construction and development of a site
shall include the following:
a.
Tree protection fencing. Tree protection fencing shall have
a minimum height of four (4) feet and be installed in such a manner
that it maintains its rigidity and effectiveness as a barrier. Standard
materials used for tree protection fencing shall include plastic mesh
construction or chainlink fencing. Other suitable tree protection
fencing materials may be used with approval from the Director of Public
Services. Tree protection signs shall be provided along the perimeter
of the Tree Protection Zone and shall be maintained throughout the
duration of construction. Signs shall be no smaller than eleven and
a half (11.5) inches and no larger than twenty-four (24) inches along
the longest side of the sign. Signs shall contain the phrase "Tree
Protection Zone" in large lettering with contrasting color to the
background.
b.
Root pruning. Existing trees to remain on site in which critical
root zones may potentially be impacted from grading, excavations,
wall or foundation construction, or utility trenching shall be root
pruned prior to construction activities. Root pruning shall be performed
using either manual or mechanical methods such as chainsaws, vibrating
knife, rock saw, narrow trencher or other equipment approved by the
Director of Public Services. The use of equipment that tears, rips,
or pulls roots is prohibited.
c.
Tree protection mats. If construction equipment, vehicle, or
heavy foot traffic is anticipated and unavoidable within the critical
root zone of an existing tree to be saved, tree protection matting
should be installed prior to construction activities. Tree protection
matting should be installed over a sufficient layer of mulch or wood
chips to assist with the dispersion of heavy loading.
d.
Siltation fencing. Where there is potential for erosion from
construction activities, siltation fencing should be installed to
prevent erosion and sediment buildup within established tree protection
zones. Siltation fencing should be installed outside of the critical
rootzone of tree(s) to prevent damage to roots. Siltation fencing
shall remain in place for the entirety of construction and shall not
be removed until vegetation on site has established adequately enough
to prevent erosion.
e.
Tree protection supervisor. A developer and/or their contractor(s)
shall provide a designated tree protection supervisor on-site whenever
equipment or trucks are placed or are moving near the trees to be
protected in order to ensure compliance with all tree protective measures.
4.
Tree protection zone. Tree protection fencing shall be placed at
the dripline or limits of the Critical Root Zone, as approved by the
Director of Public Services of each tree to be protected within the
area of disturbance. The fencing shall be used to create a designated
tree protection zone that shall be installed prior to construction
of any type commencing and must be maintained for the entirety of
construction. The tree protection zone shall comply with the following:
a.
Construction equipment, vehicles, trailers, excessive foot traffic,
and storage of materials must remain outside of the tree protection
zone.
b.
Erosion control measures shall be installed to prevent siltation
or erosion within the tree protection zone.
c.
Trenching or excavation is prohibited within the tree protection
zone.
d.
No grade or earthwork changes are to be made within the tree
protection zone.
e.
Spoils from trenching or other excavations shall not be placed
within the tree protection zone.
f.
Underground utilities and irrigation lines shall be routed around
tree protection zones. Where underground utility and irrigation lines
must pass through a tree protection zone, they shall be tunneled or
bored.
g.
No burn piles or debris pits shall be placed within the tree
protection zone.
h.
No ashes, garbage, chemicals, or other debris shall be dumped
in the tree protection zone.
i.
Herbicides used within the tree protection zone must be safe
for use around trees.
j.
Removal of brush or other landscape material if required within
the tree protection zone shall be accomplished using hand-operated
equipment.
G.
City Tree Fund.
1.
The City shall maintain an account where compensatory payments for
tree replacements and violations, donations, and other tree and urban
forestry related proceeds can be deposited. City Tree Fund money may
be used at the discretion of the Director of Parks and Recreation,
the Director of Public Services, or his/her designee to plant and
maintain trees located within the City of Crestwood public right-of-way
and public lands and provide funding for other applicable urban forestry
efforts.
H.
Damage to protected trees. It shall be unlawful for any person or
entity to top or mutilate any protected tree as classified herein.
1.
"Topping" is defined as the severe cutting back of limbs to stubs
larger than three (3) inches in diameter within the tree's crown to
such a degree so as to remove the normal canopy and disfigure the
tree.
2.
"Mutilate" is defined as damaging, cutting, carving, transplanting
or removing any tree; attaching any rope, wire, nails, advertising
posters or other contrivances to any tree, allowing any gaseous liquid
or solid substance which is harmful to such trees to come in contact
with them; or setting fire or permitting any fire to burn when such
fire or the heat thereof will injure any portion of any tree.
3.
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 at the determination of the Director
of Public Services.
I.
Variances.
1.
Any tree preservation plan or tree removal request submitted to and
denied by the Director of Public Services may be appealed and a variance
request may be made within thirty (30) days of the receipt of a notice
of denial.
2.
Appeals and requests for variance shall be sent to the Director of
Public Services specifying the grounds for appeal including but not
limited to demonstration of undue hardship. The Director of Public
Services shall transmit the appeal and variance request to the Planning
Commission.
3.
The Planning Commission will review the appeal/request and may grant
the appeal/request, may attach conditions as it deems necessary to
comply with the purpose and intent of this section, or may deny the
appeal/request.
J.
Violation and penalties.
1.
Any person who violates any provision of this section or who fails to comply with any notice issued pursuant to the provisions of this section, upon being found guilty of violation, shall be subject to penalties described in § 26-4, Enforcement of the Crestwood Development Code.
2.
If, as a result of the violation of any provision contained in this
section a protected tree is damaged, mutilated, or killed, the cost
of repair or replacement shall be the responsibility of the party
in violation. The replacement value of protected trees shall be determined
by the Director of Public Services or his/her third-party consultant
using the latest edition of "The Guide for Plant Appraisal," as published
by the International Society of Arboriculture.
3.
Payments for violations of this section received from the City's
municipal division shall be paid into the City Tree Fund.
[Ord. No. 5119, 1-12-2021; Ord.
No. 5271, 6-28-2022; Ord. No. 5361, 5-23-2023]
Fences may be erected in the City subject to the following provisions
of this section and any other applicable provision of this chapter.
A.
General standards.
1.
Every new or replacement fence shall be constructed with its decorative
side facing outward from the lot and the area to be enclosed, and
shall have its posts, framing and other structural support within
or facing toward the interior of the lot and the area to be enclosed.
2.
Except as otherwise provided in this section, no new fence shall
be constructed of materials such as chicken coop wire, barbed wire,
bamboo or any readily flammable material such as paper, cloth, canvas,
or like material.
3.
No fence shall encroach within the sight distance triangle of an
intersection.
4.
For the purpose of this section, each yard facing the right-of-way
shall be deemed a front yard.
B.
Where erected.
1.
Residential uses. At detached houses, duplexes, 3-/4-plex houses, row houses, and group homes, as described in Article II, § 26-7 (Description of Uses) of this chapter, fences shall be erected as follows:
a.
No
fence shall exceed six (6) feet in height.
b.
Chain
link fences shall be vinyl-coated or powder-coated in black or earth-toned
colors such as brown, tan, or dark green.
c.
In
side and rear yards. A durable fence may be installed within a side
or rear yard.
d.
In
front yards. Fences shall not be installed in front yards except as
described below.
(1)
Fall protection barriers. Fences may be installed in a front yard
where serving as a required barrier for fall protection above retaining
walls, elevated walking surfaces, etc. Such fences shall consist of
an open-spaced, decorative wood picket or decorative rail design and
shall not exceed four (4) feet in height.
(2)
On corner lots. On corner lots, fences may be installed within a side street front yard, which shall be the front yard perpendicular to the street frontage that the primary building entry faces. However, no fence shall encroach within the sight distance triangle of an intersection, as defined in Article II, § 26-5 (Definitions, Defined Terms) of this chapter.
Fences in the side street front yard of a corner lot shall be
set back a minimum of one (1) foot from the front lot line. However,
where there is a driveway on the same side of the street within sixty
(60) feet of the corner lot, fences in a side street front yard shall
be set back a minimum of ten (10) feet from the front lot line.
Figure 26-22A, below, identifies where fences may be installed
within the side street front yard of a corner lot.
(3)
On through lots. On residential through lots, fences may be installed
along front lines in the following locations, if set back a minimum
of one (1) foot from the front lot line:
(a)
Facing S Sappington Road, south of Elmont Lane to Grant's Trail.
(b)
Facing Old Sappington Road, north of the intersection with New Sappington
Road to Sappington Villa Court.
(c)
Facing Pardee Road, for up to 550 linear feet south of Grant Farm
Trail.
(d)
Facing Rayburn Avenue, west of Dublin Drive to the city boundary.
(e)
Facing S Holmes Avenue, for up to 300 feet east of Oak Ridge Avenue.
2.
Commercial
uses and multi-family residential uses.
a.
No
fence shall exceed eight (8) feet in height.
b.
No
fence shall be constructed of vinyl or chain link.
c.
In
side and rear yards.
(1)
A durable fence may be installed within a side or rear yard.
(2)
Where a side or rear lot line coincides with the side or rear lot line of an adjacent detached house, duplex, industrial or civic/institutional use, a durable sight-proof fence of at least six (6) feet in height shall be required within two (2) feet of the lot line. Fence height may be reduced if used in conjunction with a berm, as described in Article V, § 26-21 (B)(4) (Landscape Standards, Landscape Buffer Requirements).
d.
In
front yards. Fences shall not be permitted in front yards except as
described below:
(1)
Landscape buffer. Fences maybe installed where serving as a required fence in a required Landscape Buffer Type A or B, as described in Article V, § 26-21(B)(4) (Landscape Standards, Landscape Buffer Requirements). Fences installed as part of a required landscape buffer shall be set back a minimum of ten (10) feet from the front lot line.
(2)
Fall protection barriers. Fences may be installed in a front yard
where serving as a required barrier for fall protection above retaining
walls, elevated walking surfaces, etc. Fences serving as a required
fall protection barrier within a front yard shall be of an open-spaced,
decorative black, tan, or dark green metal rail design and shall not
exceed four (4) feet in height.
3.
Industrial
uses.
a.
No
fence shall exceed eight (8) feet in height.
b.
No
fence shall be constructed of vinyl.
c.
No
fence shall include razor wire or barbed wire, except as approved
by the Planning, Zoning, and Architectural Review Commission through
the fence exceptions process described below.
d.
In
side and rear yards.
(1)
A durable fence may be installed within a side or rear yard.
(2)
Where a side or rear lot line coincides with the side or rear lot line of any non-industrial use, a durable sight-proof fence of at least six (6) feet in height shall be required within two (2) feet of the lot line. Said fences shall not be constructed of chain link. Fence height may be reduced if used in conjunction with a berm, as described in Article V, § 26-21(B)(4) (Landscape Standards, Landscape Buffer Requirements).
e.
In
front yards. Fences shall not be permitted in front yards except as
described below:
(1)
Fences maybe installed in a front yard where facing another industrial
use immediately across the street. Said fences shall not be sight-proof.
Front yard fences shall be set back a minimum of one (1) foot from
the right-of-way line.
(2)
Landscape buffer. Fences may be installed where serving as a required fence in a required Landscape Buffer Type A or B, as described in Article V, § 26-21(B)(4) (Landscape Standards, Landscape Buffer Requirements). Fences installed as part of a required landscape buffer shall be set back a minimum of ten (10) feet from the right-of-way line.
(3)
Fall protection barrier. Fences may be installed in a front yard
where serving as a required barrier for fall protection above retaining
walls, elevated walking surfaces, etc.
C.
Enforcement.
It shall be the duty of the Director of Public Services, or his/her
designee, to enforce the provisions of this section. Whenever the
Director of Public Services or designee determines that a person is
violating the provisions of this section, he shall give notice of
such alleged violation which shall:
1.
Be in
writing;
2.
Be served
upon the person, his agent, or a member of his immediate family personally,
or delivered by registered or certified mail to his last known address;
3.
Contain
a statement of the reason why it is being issued;
4.
Contain
a statement concerning what action should be taken to effect compliance
with this section; and
5.
Allow
a reasonable time for the performance of any act necessary to effect
compliance.
D.
Fence exceptions.
1.
When
a person subject to the provisions of this section can show that the
strict application of the terms hereof will substantially impair the
reasonable use and enjoyment of property, such person may apply for
an exception to the provisions of this section by filing a written
application with the Planning Commission. The Planning Commission
shall conduct a hearing on said application after written notice is
sent to the owners of all property abutting the property upon which
the fence is sought to be erected by First Class Mail.
2.
The Planning
Commission may consider and allow exceptions from the strict application
of this section if such exceptions are in harmony with the purpose
and intent of this section, and if they will not be injurious to the
surrounding property or otherwise detrimental to the public welfare,
taking into account the location of the property, the permitted uses
of the property and nearby properties, the prevailing traffic conditions
on adjoining roadways and in the vicinity, and the configuration of
the property and improvements thereon.
3.
Exceptions
shall not be granted to allow fences which have been already installed
or partially installed in violation of the provisions of this Municipal
Code.
4.
In granting
an exception, the Planning Commission or the designated committee
may attach such conditions as they deem necessary relating to location,
design and landscaping to mitigate the impact of the fence exception
on the adjoining property or general neighborhood.
[1-12-2021 by Ord. No. 5119]
In addition to the regulations established for the Watson Road Overlay Area as set forth in Article IV (Zoning Districts and Use Standards), § 26-18(Watson Road Overlay Area), Subsection E2k (Development requirements, guidelines and standards; Site design; Lighting) the following site lighting standards and shall apply to all uses within the Watson Road Overlay Area, C-1 and M-1 Districts and to all PD-C, and PD-MXD developments, including all new developments, amendment of an approved site plan, amendment of a conditional use permit, or any lighting change to an existing development, involving new fixtures, standards, heads or luminaires.
A.
General standards.
1.
Site lighting shall include all lighting on property, other than
lighting within a fully enclosed building, provided that site lighting
shall include interior lighting when used as accent lighting, as provided
in Subsection A8 of this section.
2.
Site lighting fixtures shall be compatible with the building design
and the adjoining landscape and shall not be used in such a manner
as to turn the building itself into signage.
3.
Excessive brightness of site lighting shall be avoided.
4.
Site lighting shall not spill over to adjacent sites or properties.
5.
Site lighting shall not create glare which is directed toward or
reflected onto adjoining properties.
6.
Site lighting shall not create glare which is directed toward or
reflected onto streets, or interior drives where such glare could
negatively impact vehicular or pedestrian safety.
7.
Except as may be provided elsewhere in this section, site lighting
shall at no time be directed upward, in a radiating and/or moving
or sweeping pattern, or at any angle which will light surfaces other
than building walls, parking or pedestrian areas, and landscaped areas,
and shall not create lighting patterns which will direct light toward
residential areas.
8.
Except as may be authorized in Article VII (Sign Regulations), of this chapter, the use of tube lighting of any singular static color may be utilized as accent lighting in any location on the site, including the exterior of a building or around any window as long as the lighting is recessed and the tubing would not be visible from the street.
9.
At the time of filing any application for any use, development, amendment or change as set out in § 26-23 hereof, a lighting plan for site lighting shall be provided on a separate sheet. The following information shall be submitted as part of the lighting plan:
a.
Manufacturer's catalog cut sheet or other graphic and narrative description
of the light standards, fixture heads, and/or luminaires with specification
data.
b.
Photometric curves indicating both vertical and horizontal candle-power
distribution.
c.
A plan of the site superimposed with a grid of not more than 20 feet
between light sources showing the calculated footcandle levels at
average site grade at the center of each twenty-foot grid.
10.
All site lighting shall be installed utilizing underground cable.
B.
Illumination standards.
1.
Except as otherwise provided in the following provisions of this
section, all parking and loading areas and walkways shall be illuminated
so as to produce a uniform minimum average illumination within such
areas of two footcandles of illumination, measured at the ground level.
2.
Lighting fixtures or standards without cutoff-type luminaires or
with globe-style luminaires shall be no higher than 15 feet and shall
have a maximum illumination output of not more than 10,000 lumens.
3.
Lighting fixtures or standards with a cutoff-type luminaire shall
be no higher than 25 feet with a maximum average illumination of the
property, measured at ground level over the site, of five footcandles.
4.
Except as may be otherwise approved by the Planning and Zoning Commission,
where parking and loading areas are adjacent to residential areas,
the maximum average illumination of the area between the rear building
wall line and the property line abutting a residential area shall
be one footcandle, measured at ground level over the site, provided
that at the property line abutting a residential area, the maximum
illumination of the property shall be no higher than 0.1 footcandle.
5.
Where parking or loading areas abut residential property, the fixture
head shall be of an appropriate type which controls the lighting pattern
and shields such residential property from direct view of the light
source. In order to achieve this end, reflector shields may be required
for fixture heads.
6.
Globe-style fixture heads (including other shapes, such as acorn
or cylinder styles) may only be used as decorative accents along the
front of properties or buildings which face bordering streets which
are occupied by, or zoned for, commercial or light industrial uses
and where adjoining uses on the same side of the street are not residential.
No such fixtures shall be located in any side or rear yard. Globe-style
fixture heads shall be of the types which are frosted or translucent
so that the bulb lighting source is not visible and that emitted light
is diffused.
[1-12-2021 by Ord. No. 5119]
In addition to any applicable requirements of Article IX (Subdivisions and Land Development), § 26-44 (Land development standards) relating to stormwater drainage, regulations for providing stream buffer protection shall apply to all land development activity as provided for in this section.
A.
Purposes. The purpose of this section is to protect the public health,
safety, environment and general welfare; to minimize public and private
losses due to erosion, siltation and water pollution; and to maintain
stream water quality by provisions designed to:
1.
Create buffer zones along the streams within the City for the protection
of water resources;
2.
Minimize land development within such buffers by establishing buffer
zone requirements and by requiring authorization for any such activities;
3.
Protect, restore, and maintain the chemical, physical and biological
integrity of streams and their water resources;
4.
Remove pollutants delivered in urban stormwater;
5.
Reduce erosion and control sedimentation;
6.
Protect and stabilize stream banks;
7.
Provide for infiltration of stormwater runoff;
8.
Maintain base flow of streams;
9.
Contribute organic matter that is a source of food and energy for
the aquatic ecosystem;
10.
Provide tree canopy to shade streams and promote desirable aquatic
habitat;
11.
Provide riparian wildlife habitat;
12.
Furnish scenic value and recreation opportunity; and
13.
Provide opportunities for the protection and restoration of green
space.
B.
Applicability. This section shall apply to land development activity involving new subdividing and platting activities on property containing a stream protection area as defined in Subsection C of this section. These requirements are in addition to and do not replace or supersede any other applicable buffer or floodplain requirements established under state law, this chapter, or City ordinance, and approval or exemption from these requirements does not constitute approval or exemption from buffer requirements established under state law or City ordinance or from other applicable local, state or federal regulations.
1.
Exceptions. This section shall not apply to the following activities:
a.
Work consisting of the repair or maintenance of any lawful use of
land that is zoned and approved for such use on or before the effective
date of this section.
b.
Existing development and ongoing land disturbance activities, including
but not limited to existing agriculture, silviculture, landscaping,
gardening and lawn maintenance, except that new development or land
disturbance activities on such properties will be subject to all applicable
buffer requirements.
c.
Any land development activity that is under construction, fully approved
for development, scheduled for permit approval or has been submitted
for approval as of the effective date of this section.
d.
Land development activity that has not been submitted for approval,
but that is part of a larger master development plan, such as for
an office park or other phased development that has been previously
approved within two years of the effective date of this section.
e.
Redevelopment within a residential or commercial property which currently
encroaches within the stream buffer so long as improvements do not
exceed the existing encroachment.
2.
Exemptions. The following specific activities are exempt from this
section. Exemption of these activities does not constitute an exemption
for any other activity proposed on a property.
a.
Activities for the purpose of building one of the following:
(1)
A stream crossing by a driveway, transportation route or utility
line;
(2)
Public water supply intake or public wastewater structures or
stormwater outfalls;
(3)
Intrusions necessary to provide access to a property;
(4)
Public access facilities that must be on the water, including
boat ramps, docks, foot trails leading directly to the river, fishing
platforms and overlooks;
(5)
Unpaved foot trails and paths;
(6)
Activities to restore and enhance stream bank stability, vegetation,
water quality and/or aquatic habitat, so long as native vegetation
and bioengineering techniques are used; or
(7)
Municipal public improvements.
b.
Public sewer line easements. This includes such impervious cover
as is necessary for the operation and maintenance of the utility,
including but not limited to manholes, vents and valve structures.
c.
Land development activities within a park or right-of-way existing
at the time this section takes effect or approved under the terms
of this section.
d.
Within an easement of any utility existing at the time this section
takes effect or approved under the terms of this section, land disturbance
activities and such impervious cover as is necessary for the operation
and maintenance of the utility, including but not limited to manholes,
vents and valve structures.
e.
Emergency work necessary to preserve life or property. However, when
emergency work is performed under this section, the person performing
it shall report such work to the Department of Public Services on
the next business day after commencement of the work. Within 10 days
thereafter, the person shall apply for a permit and perform such work
within such time period as may be determined by the Director of Public
Services to be reasonably necessary to correct any impairment such
emergency work may have caused to the water conveyance capacity, stability
or water quality of the protection area.
f.
Forestry and silviculture activities on land that is zoned for forestry,
silvicultural or agricultural uses and are not incidental to other
land development activity. If such activity results in land disturbance
in the buffer that would otherwise be prohibited, then no other land
disturbance activity other than normal forest management practices
will be allowed on the entire property for three years after the end
of the activities that intruded on the buffer.
g.
Any activities approved under a 404 permit issued by the Corps of
Engineers and 401 water quality certification issued by the Missouri
Department of Natural Resources.
3.
Any land development activity within a buffer established hereunder
or any impervious cover within a setback established hereunder is
prohibited unless a variance is granted pursuant to Subsection D2,
below.
C.
BUFFER
FLOODPLAIN
IMPERVIOUS COVER
LAND DEVELOPMENT
LAND DEVELOPMENT ACTIVITY(IES)
LAND DISTURBANCE
LAND DISTURBANCE ACTIVITY(IES)
PARCEL
PERMIT
PERSON
PROTECTION AREA or STREAM PROTECTION AREA
RIPARIAN
SETBACK
STREAM
STREAM BANK
STREAM CHANNEL
Definitions. The following definitions shall apply when used in this
section:
A stream, a natural or enhanced vegetated area (established by Subsection D of this section) lying adjacent to the stream.
Any land area susceptible to flooding, which would have at
least a one-percent probability of flooding occurrence in any calendar
year based on the basin being fully developed as shown on the current
land use plan; i.e., the regulatory flood.
Any man-made paved, hardened or structural surface regardless
of material. Impervious cover includes, but is not limited to, rooftops,
buildings, streets, roads, decks, swimming pools and any concrete
or asphalt.
Any land change, including but not limited to clearing, grubbing,
stripping, removal of vegetation, dredging, grading, excavating, transporting
and filling of land, construction, paving and any other installation
of impervious cover.
Those actions or activities which comprise, facilitate or
result in land development.
Any land or vegetation change, including, but not limited
to, clearing, grubbing, stripping, removal of vegetation, dredging,
grading, excavating, transporting and filling of land, that does not
involve construction, paving or any other installation of impervious
cover.
Those actions or activities which comprise, facilitate or
result in land disturbance.
Any plot, lot or acreage shown as a unit on the latest county
tax assessment records.
The permit issued by the City required for undertaking any
land development activity.
Any individual, partnership, firm, association, joint venture,
public or private corporation, trust, estate, commission, board, public
or private institution, utility, cooperative, city, county or other
political subdivision of the state, any interstate body or any other
legal entity.
With respect to a stream, the combined areas of all required
buffers and setbacks applicable to such stream.
Belonging or related to the bank of a river, stream, lake,
pond or impoundment.
With respect to a stream, the area established by Subsection
D1b of this section extending beyond any buffer applicable to the
stream.
Any stream, beginning at:
The sloping land that contains the stream channel and the
normal flows of the stream. Where no established top-of-bank can be
determined, the stream bank will be the ordinary high-water mark as
defined by the Corps of Engineers in Title 33 of the Code of Federal
Regulation, Part 328.3.
The portion of a watercourse that contains the base flow
of the stream.
D.
Land development requirements. The land development requirement shall
apply as set forth below:
1.
Buffer and setback requirements. All land development activity subject
to this section shall meet the following requirements:
a.
For streams depicted as a solid blue line on the USGS Map, an undisturbed
natural vegetative buffer shall be maintained for 50 feet, measured
horizontally, on both banks (as applicable) of the stream as measured
from the top of the stream bank. For all other streams subject to
this section, an undisturbed natural vegetative buffer shall be maintained
for 25 feet, measured horizontally, on both banks (as applicable)
of the stream as measured from the top of the stream bank.
b.
An additional setback shall be maintained for 25 feet, measured horizontally,
beyond the undisturbed natural vegetative buffer, in which all impervious
cover shall be prohibited. Grading, filling and earthmoving shall
be minimized within the setback.
c.
No septic tanks or septic tank drain fields shall be permitted within
the buffer or the setback.
2.
Variance procedures. Variances from the above buffer and setback
requirements may be granted in accordance with the following provisions:
a.
Where a parcel was platted prior to the effective date of this section,
and its shape, topography or other existing physical condition prevents
land development consistent with this section, and the Board of Adjustment
of the City finds and determines that the requirements of this section
prohibit the otherwise lawful use of the property by the owner, the
Board of Adjustment of the City may grant a variance from the buffer
and setback requirements hereunder, provided that such variance requires
mitigation measures to offset the effects of any proposed land development
on the parcel.
b.
Except as provided above, the Board of Adjustment of the City shall
grant no variance from any provision of this section without first
conducting a public hearing on the application for variance and authorizing
the granting of the variance by an affirmative vote of the Board of
Adjustment. The City shall give public notice of each such public
hearing in a newspaper of general circulation within the City. The
City shall require that the applicant post a sign giving notice of
the proposed variance and the public hearing. The sign shall be of
a size and posted in such a location on the property as to be clearly
visible from the primary adjacent road right-of-way.
3.
Conditions for considering variances.
a.
Variances will be considered only in the following cases:
(1)
When a property's shape, topography or other physical conditions
existing at the time of the adoption of this section prevents land
development unless a buffer variance is granted.
(2)
Unusual circumstances when strict adherence to the minimal buffer
requirements in the chapter would create an extreme hardship.
b.
Variances will not be considered when, following adoption of this
section, actions of any property owner of a given property have created
conditions of a hardship on that property.
4.
Information required. At a minimum, a variance request shall include
the following information:
a.
A site map that includes locations of all streams, wetlands, floodplain
boundaries and other natural features, as determined by field survey;
b.
A description of the shape, size, topography, slope, soils, vegetation
and other physical characteristics of the property;
c.
A detailed site plan that shows the locations of all existing and
proposed structures and other impervious cover, the limits of all
existing and proposed land disturbance, both inside and outside the
buffer and setback. The exact area of the buffer to be affected shall
be accurately and clearly indicated;
d.
Documentation of unusual hardship should the buffer be maintained;
e.
At least one alternative plan, which does not include a buffer or
setback intrusion, or an explanation of why such a site plan is not
possible;
f.
A calculation of the total area and length of the proposed intrusion;
g.
A stormwater management site plan, if applicable; and
h.
Proposed mitigation, if any, for the intrusion. If no mitigation
is proposed, the request must include an explanation of why none is
being proposed.
5.
Factors for determination. The following factors will be considered
in determining whether to issue a variance:
a.
The shape, size, topography, slope, soils, vegetation and other physical
characteristics of the property;
b.
The locations of all streams on the property, including along property
boundaries;
c.
The location and extent of the proposed buffer or setback intrusion;
and
d.
Whether alternative designs are possible which require less intrusion
or no intrusion;
e.
The long-term and construction water-quality impacts of the proposed
variance;
f.
Whether issuance of the variance is at least as protective of natural
resources and the environment.
E.
Additional information requirements for development on buffer zone
properties.
1.
Any permit applications for property requiring buffers and setbacks
hereunder must include the following:
a.
A site plan showing:
(1)
The location of all streams on the property;
(2)
Limits of required stream buffers and setbacks on the property;
(3)
Buffer zone topography with contour lines at no greater than
five-foot contour intervals;
(4)
Delineation of forested and open areas in the buffer zone; and
(5)
Detailed plans of all proposed land development in the buffer
and of all proposed impervious cover within the setback.
b.
A description of all proposed land development within the buffer
and setback; and
c.
Any other documentation that the Director of Public Services or Board
of Adjustment may reasonably deem necessary for review of the application
and to ensure that this section is addressed in the approval process.
2.
All buffer and setback areas must be recorded on the final plat of
the property following plan approval. A note to reference the vegetated
buffer shall state: "There shall be no clearing, grading, construction
or disturbance of vegetation except as permitted by the City of Crestwood
Stream Buffer Protection Ordinance."
F.
Responsibility. Neither the issuance of a development permit nor
compliance with the conditions thereof, nor with the provisions of
this section shall relieve any person from any responsibility otherwise
imposed by law for damage to persons or property; nor shall the issuance
of any permit hereunder serve to impose any liability upon the City,
its elected officials, boards, commissions, officers or employees,
for injury or damage to persons or property.
G.
Inspection.
1.
The City
may cause inspections of the work in the buffer or setback to be made
periodically during the course thereof and shall make a final inspection
following completion of the work. The permittee shall assist the City
in making such inspections. The City shall have the authority to conduct
such investigations as it may reasonably deem necessary to carry out
its duties as prescribed in this section, and for this purpose to
enter at reasonable times upon any property, public or private, for
the purpose of investigating and inspecting the sites of any land
development activities within the protection area.
2.
No person
shall refuse entry or access to any authorized representative or agent
who requests entry for purposes of inspection, and who presents appropriate
credentials, nor shall any person obstruct, hamper or interfere with
any such representative while in the process of carrying out official
duties.
H.
Violations, enforcement and penalties. In addition to any other remedies
or penalties provide by this Code or Missouri law, any action or inaction
which violates the provisions of this section or the requirements
of an approved site plan or permit may be subject to the enforcement
actions outlined in this subsection. Any such action or inaction which
is continuous with respect to time is deemed to be a public nuisance
and may be abated by injunctive or other equitable relief. The imposition
of any of the penalties described below shall not prevent such equitable
relief.
1.
Notice of violation. If the City determines that an applicant or
other responsible person has failed to comply with the terms and conditions
of a permit, an approved site plan or the provisions of this section,
it shall issue a written notice of violation to such applicant or
other responsible person. Where a person is engaged in activity covered
by this section without having first secured the appropriate permit
therefor, the notice of violation shall be served on the owner or
the responsible person in charge of the activity being conducted on
the site. The notice of violation shall contain:
a.
The name and address of the owner or the applicant or the responsible
person;
b.
The address or other description of the site upon which the violation
is occurring;
c.
A statement specifying the nature of the violation;
d.
A description of the remedial measures necessary to bring the action
or inaction into compliance with the permit, the approved site plan
or this section and the date for the completion of such remedial action;
e.
A statement of the penalty or penalties that may be assessed against
the person to whom the notice of violation is directed; and
f.
A statement that the determination of violation may be appealed to
the Director of Public Services by filing a written notice of appeal
within 30 days after the notice of violation (except that in the event
the violation constitutes an immediate danger to public health or
public safety, 24 hours' notice shall be sufficient).
2.
Penalties. In the event the remedial measures described in the notice
of violation have not been completed by the date set forth for such
completion in the notice of violation, any one or more of the following
actions or penalties may be taken or assessed against the person to
whom the notice of violation was directed. Before taking any of the
following actions or imposing any of the following penalties, the
City shall first notify the applicant or other responsible person
in writing of its intended action, and shall provide a reasonable
opportunity, of not less than 10 days (except that in the event the
violation constitutes an immediate danger to public health or public
safety, 24 hours' notice shall be sufficient) to cure such violation.
In the event the applicant or other responsible person fails to cure
such violation after such notice and cure period, the City may take
any one or more of the following actions or impose any one or more
of the following penalties:
a.
Stop-work order. The City may issue a stop-work order which shall
be served on the applicant or other responsible person. The stop-work
order shall remain in effect until the applicant or other responsible
person has taken the remedial measures set forth in the notice of
violation or has otherwise cured the violation or violations described
therein, provided that the stop-work order may be withdrawn or modified
to enable the applicant or other responsible person to take necessary
remedial measures to cure such violation or violations.
b.
Withhold certificate of occupancy. The City may refuse to issue a
certificate of occupancy for the building or other improvements constructed
or being constructed on the site until the applicant or other responsible
person has taken the remedial measures set forth in the notice of
violation or has otherwise cured the violations described therein.
c.
Suspension, revocation or modification of permit. The City may suspend,
revoke or modify the permit authorizing the land development project.
A suspended, revoked or modified permit may be reinstated after the
applicant or other responsible person has taken the remedial measures
set forth in the notice of violation or has otherwise cured the violations
described therein, provided that such permit may be reinstated (upon
such conditions as the City may deem necessary) to enable the applicant
or other responsible person to take the necessary remedial measures
to cure such violations.
d.
Civil penalties. In the event the applicant or other responsible
person fails to take the remedial measures set forth in the notice
of violation or otherwise fails to cure the violations described therein
within 10 days (or such greater period as the City shall deem appropriate)
(except that in the event the violation constitutes an immediate danger
to public health or public safety, 24 hours' notice shall be sufficient)
after the City has taken one or more of the actions described above,
the City may impose a penalty not to exceed $1,000 (depending on the
severity of the violation) for each day the violation remains unremedied
after receipt of the notice of violation.
e.
Criminal penalties. For any violation of this section, the City may
issue a citation to the applicant or other responsible person, requiring
such person to appear in Crestwood Municipal Court to answer charges
for such violation. Upon conviction, such person shall be punished
by a fine not to exceed $1,000 or by imprisonment for 90 days, or
both. Each act of violation and each day upon which any violation
shall occur shall constitute a separate offense.
I.
Administrative appeal and judicial review.
1.
Administrative appeal. Any person aggrieved by a decision or order
of the City may appeal, in writing, within 15 days after the issuance
of such decision or order to the Director of Public Services of the
City and shall be entitled to a hearing before the Board of Adjustment
of the City within 30 days of receipt of the written appeal.
2.
Judicial review. Any person aggrieved by a decision or order of the
City, after exhausting all administrative remedies, shall have the
right to appeal de novo to the St. Louis County Circuit Court.
J.
Severability. If this section or any subsection, paragraph, clause,
phrase or provision of this section shall be adjudged invalid or held
unconstitutional, such decision shall not affect or invalidate the
remaining portions of this section.