Editor's Note: Former Ch. 410, Tree Preservation and Restoration
Requirements, was repealed by Ord. No. 2805. Prior history includes
R.O. 1997, Ord. No. 206, Ord. No. 221, Ord. No. 1607, Ord. No. 1629,
Ord. No. 1736, and Ord. No. 2286.
[Ord. No. 2805, 7-10-2023]
A.
The City has determined that trees provide a wide range of benefits
to it and its property owners and residents.
B.
The City has determined that trees help to maintain and increase
property values within the community.
C.
The City has determined that trees improve the aesthetic character
of the community.
D.
These regulations are intended to promote acceptable and appropriate
tree practices for their preservation, conservation, restoration,
maintenance, and removal, when necessary, within the City of Wildwood.
E.
These regulations recognize the threat caused by invasive plants
and non-native plantings on the ecological balance of the collective
forest of the City and encourage steps to address them to produce
a healthy and sustainable environment for trees.
F.
These regulations will be applicable to all public trees under the
jurisdiction of the City of Wildwood.
G.
The intent of these regulations is to retain and support a healthy
forest within the City of Wildwood.
H.
Notwithstanding any provisions of the provisions of this Chapter to the contrary, projects which have been approved pursuant to the provisions of Section 415.510 of this Code prior to the date of approval of Ordinance No. 2805, and where the approval remains valid pursuant to the Section 415.510, shall remain subject to the provisions of this Chapter in effect at the time of approval of such project by the City Council.
[Ord. No. 2805, 7-10-2023]
For purposes of this Chapter, the following definitions apply:
The diameter of the trunk six (6) inches above the soil or
root ball for bare root trees. For coniferous trees, tree height is
used. New trees are measured in caliper inches.
The spread of the branches and the area within them from
the top of the trunk to the outside diameter edge of an individual
tree, massed individuals or massed groupings of trees as shown on
the baseline aerial photograph.
Unless using another methodology approved by the City Arborist,
canopy cover area is determined by, first, mapping the projection
of the canopy onto the ground on a plat or aerial photograph of the
property. Then measure and map the extent of the canopy in relation
to structures and property lines by recording the distances from the
property lines, buildings, and other structures. Calculate the square
foot area by sectioning the canopy off into squares, rectangles, triangles
or circles. Multiply the length by the width of the sections if they
are a square or rectangle, multiply length by width and divide by
two (2) for a triangle, and use the formula for the area of a circle
if more or less circular. Add the various sections together to calculate
the total tree canopy cover area in square feet.
A person in possession of a valid Certified Arborist credential
issued by the ISA.
Such person or persons as may be designated by the City Administrator
from time to time.
Area of soil around a tree where the minimum amount of roots
considered critical to its structural stability or health are located,
but not less than a distance from the trunk that equals one (1) foot
for every inch of the tree's diameter.
Refers to the tree diameter measured at four and five-tenths
(4.5) feet above the ground and intended to be applied to standing
trees, not new plantings (see "caliper" definition in this Section).
Any removal or destruction of trees, including, but not limited
to, the intentional or unintentional removal, destruction or killing
of any tree, ground cover, or other vegetation by means of any hand
tools, chemicals, or heavy mechanized equipment [including all equipment
weighing in excess of one thousand eight hundred (1,800) pounds] or
by any means affecting an area of five thousand (5,000) square feet
or more in a period of one (1) year or less.
Any tree that equals or exceeds the following diameter sizes:
Large hardwoods (i.e., oaks, hickories, etc.) — twenty-four
(24) inch DBH; Large softwoods (i.e., pines, spruces, etc.) —
twelve (12) inch DBH; Small trees (i.e., dogwood, redbud, etc.) —
six (6) inch DBH, and its condition being assessed by a professional
arborist as "fair or better."
A grouping of trees, no less than six (6) in total, each
having a size of twelve (12) inches DBH or greater, which has a canopy
cover area of no less than six thousand (6,000) total square feet.
An organization that promotes the professional practice of
arboriculture, along with promulgating best practices for the same.
A City-wide, comprehensive plan to minimize the harm caused
by invasive species on natural lands and encourage the health of native
plants and wildlife and to manage and eliminate invasive and non-native
plantings.
No tree shall be subject to excessive cutting, pruning, smothering,
or topping, thereby leading to its loss. Pruning or root cutting shall
be in accord with generally accepted arboricultural best management
practices, using clean and sharp tools.
Certain areas, where the combination of soils, landforms,
and vegetation, create potential environmental hazards due to their
inability to retain and absorb stormwater runoff, thereby offsetting
their natural functions to mitigate threats to the health and safety
of City residents, including, but not necessarily limited to, floodplains,
floodways, ephemeral drainageways, and sinkholes.
A unique grouping of rare or unusual plants justifying preservation
pursuant to any established Federal, State or local guidelines, including
those requirements established in the Wildwood Tree Manual.
A cutting, removal or other disturbance of trees affecting
seven thousand five hundred (7,500) square feet or more of tree canopy
coverage area for the purpose of selling or harvesting such trees
or maintaining the health of a wooded area.
A woody plant that grows mostly upright as a single or multi-stem
that may eventually attain a height of fifteen (15) feet or more.
The area in square feet of a tree's spread. Existing
tree canopy is determined by measuring the ground's surface area
that is covered by the branch spread of a single tree or clump or
grove of trees. Ultimate tree canopy to be used where replanting is
required, is determined by assigning the following values for planted
trees: One thousand (1,000) square feet for a large shade tree or
major street tree; seven hundred (700) square feet for each medium
street tree and most conifers and three hundred (300) square feet
for small flowering trees. The Wildwood Tree Manual contains a list
of approved restoration tree species and their categories.
A tree preservation plan (TPP) is a site plan prepared by
an approved professional that delineates tree save areas and details
measures to be taken to ensure protection and survivability of trees
to be saved, prior to and during construction, and also complies with
guidelines which are listed in the Wildwood Tree Manual. A tree preservation
plan should include a tree stand delineation.
A detailed description and location of trees and other woody
vegetation on the site prior to any proposed land disturbance, prepared
in map form, as specified in the Wildwood Tree Manual. The tree stand
delineation (TSD) map is to be prepared using the proposed development
plan as a base map so that decisions can be made with respect to preserving
existing vegetation.
A document, adopted by this Chapter of the City Code and
on file in the City offices, having detailed instructions for preparation,
placement, selection, maintenance and other facets for the use of
low-water, native plantings for ground water conservation purposes.
The Director of Planning may make amendments to the specifications,
standards and procedures in the Wildwood Sustainable Plantings Guide
for application of the Tree Preservation and Restoration Code, and
such amendments shall become effective upon order, resolution or other
approval of the City Council.
A document, adopted by this Chapter of the City Council and
on file in the City offices, having detailed instructions for preparing
and evaluating tree preservation plans, grading, planting and protection
of all types of vegetation. The Director of Planning may make amendments
to the specifications, standards and procedures in the Wildwood Tree
Manual for application of the Tree Preservation and Restoration Code,
and such amendments shall become effective upon order, resolution
or other approval of the Council.
[Ord. No. 2805, 7-10-2023]
This Chapter shall be known as the "Tree Preservation and Restoration Code" and the requirements herein shall, except as otherwise provided, apply to any disturbance of trees that requires a permit for grading by City ordinance or a zoning authorization, given said application indicates the disturbance of a tree identified as protected on an approved plan or plat of the City or includes any grand tree, component of a grand tree stand, or determined to be specimen vegetation, as defined hereto. This Chapter shall supplement the requirements and standards established by the Grading Code, Chapter 425 of this Code, as may be amended, and shall be applied in conjunction therewith.
[Ord. No. 2805, 7-10-2023]
No grading permit, plan/plat, or authorization shall be granted
by the City until a tree preservation plan has been filed with and
approved by the Department of Planning, with direction from the City
Arborist. The tree preservation plan may be included as part of a
proposed grading plan or may be a supplement to such plan, plat, or
plot. The tree preservation plan shall ensure the protection of remaining
trees and vegetation on any site subject to authorized land disturbance
and shall include such specifications, standards and precautionary
measures as prescribed by the Director of Planning, pursuant to the
City guidelines in the Wildwood Tree Manual.
[Ord. No. 2805, 7-10-2023]
A.
With the adoption of this Chapter by the City Council, any new or
amended development listed below shall be subject to the criteria
of the Sustainable Plantings Guide, excepting any existing or future,
privately-owned residential lots (zoned "NU" Non-Urban Residence District
and "R" Districts):
B.
Compliance to the Sustainable Plantings Guide for those properties and projects subject to its criteria shall be determined by the submittal of a landscape plan to the Planning and Zoning Commission for their review and action. Enforcement of these criteria shall be as set forth by Section 100.140, General Penalty, of this Code.
[Ord. No. 2805, 7-10-2023]
A.
No grading permit, plan/plat, or authorization shall be granted unless
at least thirty percent (30%) of all tree canopy coverage on land
not within any building setback area (required by applicable zoning
or subdivision regulations) shall be retained and undisturbed. If
disturbance of the building setback area is the result of construction
of a driveway at a width in excess of twelve (12) feet or utility
installation, a corresponding amount of tree canopy coverage shall
be added to the land not within any defined building setback area,
i.e., greater than the required minimum of thirty percent (30%).
B.
Where land disturbance is requested in conjunction with development
of more than one (1) parcel of land, or where the development will
require subdivision into more than one (1) parcel, the setback areas
shall apply and be determined by lot according to the approved record
plat or preliminary plat for the proposed development. Redevelopment,
resubdivision, or amended platting of land after the tree preservation
plan has been implemented shall not be permitted to defeat or avoid
the tree preservation requirements of this Code first applied to the
site, and approval of such redevelopment may be conditioned upon restoration
of trees to equal the previous plan. Where grading is requested for
an approved commercial use, the Director may allow replantings, or
existing trees designated to remain after grading, anywhere on the
site to count towards the required tree canopy coverage.
[Ord. No. 2805, 7-10-2023]
A.
General Standards — Variances. In addition to all other standards
for land disturbance established by law, all approved land disturbance
on sites containing any trees shall also conform to the specifications
and standards established by the City of Wildwood Tree Manual, all
requirements established by an approved tree preservation plan, and
any other requirements or conditions imposed by the Director of Planning,
with input from the City Arborist, and consistent with this Chapter.
The tree preservation standards required by this Chapter may not be
varied by any City Officer or the Planning and Zoning Commission,
except as necessary for construction pursuant to an approved final
site plan, planned zoning development, conditional use permit, approved
subdivision plat, or approved final site plan (or section plan where
applicable) specifically authorizing a modification of this standard.
Any variance shall be no more than is necessary to complete the construction
or use approved, and the Director or approving body may, when feasible,
condition a permit upon the restoration or relocation of trees or
vegetation on the site in an amount or quality sufficient to offset
or ameliorate the variance. A variance shall not be deemed "necessary"
where feasible changes in design or construction location or technique
could reduce or eliminate the amount of variance.
B.
Timber Sales. Notwithstanding anything in this Chapter or the Grading
Code to the contrary, timber sales shall be permitted, as authorized
by this Subsection. Any person desiring to undertake a timber sale
shall request a permit from the Director of Planning. Permit applications
shall include a forest management plan from a professional forester
or other approved professional indicating that the cutting of trees
constitutes a thinning or harvest that ensures continued health and
existence of the woodland. The forest management plan shall specify
an acceptable method of regeneration for the area to be harvested
and shall conform to the standards established by the Missouri Department
of Conservation, or such other designated agency, for proper management
of tree farms and timber sales. Property conditions, after the harvest
has been completed and restorative measures taken, shall protect waterways
from sedimentation and erosion, while eliminating scraps associated
with the activity from sensitive lands. Skid roads shall be fully
restored, at the conclusion of the timber harvest, while avoiding
any defined drainageway area, unless determined necessary and appropriate
to accommodate this activity by the Director of Public Works. Unless
waived by the Director of Planning for good cause, no permit for a
timber sale shall be granted for any area more than once every ten
(10) years.
C.
Exceptions. Nothing in this Chapter shall apply to disturbance of
trees constituting forest crops regularly harvested (i.e., Christmas
tree farms, nursery stock).
[Ord. No. 2805, 7-10-2023]
A.
Grand trees, grand tree stands, and specimen vegetation shall not
be disturbed, except where it is necessary to permit construction
or a use specifically authorized by a planned zoning, conditional
use permit, approved subdivision plat, or approved final site development
plan (or section plan where applicable) granted by the City of Wildwood
or as may otherwise be permitted by the Tree Manual, subject to a
permit issued by the Department of Planning, the form for application
for which shall be prepared by the Director with the direction and
recommendation of the City Arborist. Authorization to remove a grand
tree, or trees of a grand tree stand, as defined herein, shall also
be subject to a restoration process, based upon its replacement that
utilizes one (1) of the following approaches:
1.
A one-to-one replacement of any grand tree removed with the
planting of a new tree having a caliper (DBH) of no less than three
(3) inches but no greater than six (6) inches. If caliper (DBH) size
selected for the new tree planting is less than twenty-five percent
(25%) of the caliper of the removed grand tree, a combination of new
tree plantings may be required whereby the cumulative caliper (DBH)
of each new tree planted is equal to the caliper size of the removed
grand tree;
2.
A stand of eight (8) or more trees, the cumulative caliper (DBH)
of which shall equal the caliper of the removed grand tree; or
3.
A submittal of a plan showing how the benefits of the removed
grand tree, including, but not limited to, shade, screening, aesthetics,
soil stabilization and wildlife habitat, are to be accommodated and
replaced by the proposed landscaping scheme. Such a plan shall be
prepared by a landscape architect licensed in the State of Missouri,
certified arborist, or a person acceptable to the Department of Planning
upon submission of evidence of at least ten (10) years' experience
in the occupation of the cultivation of plants (such as trees and
shrubs), expecially for sale.
[Ord. No. 2805, 7-10-2023]
A.
Restoration Required. Any trees disturbed in violation of this Chapter
or an approved tree preservation plan shall be replanted and restored
within six (6) months according to the standards set forth in the
Wildwood Tree Manual. Any tree or tree areas identified to be retained
on the tree preservation plan that do not remain alive for a period
of at least thirty (30) months after the development of the site or
stage ceases shall be rebuttably presumed to be "disturbed" in violation
of this Chapter and shall be restored or otherwise mitigated as required
herein.
B.
Supplemental Bond. In determining the amount of bond to be submitted
to secure a grading permit or authorization, the Director of Planning
shall utilize the ISA's Guide for Plant Appraisal, direction
from a certified arborist, including the City Arborist, to determine
such amount as to ensure restoration of trees and compensate the site
for such other losses, including loss of topsoil, as may occur from
disturbance of trees in violation of this Chapter or an approved tree
preservation plan. The additional bond amount established by the Director
of Planning shall include the amounts set forth in the Tree Manual
for restoration or loss of trees. The Director may allow reductions
in bond amounts where the land disturbance is subject to stages, provided
that no new stage is commenced until all restoration of the precedent
stage is completed. If the restoration required by this Section is
not completed within the time allowed, the Director may cause the
bond to be used for such restoration. Upon completion of all construction
and development within the site, any unused portion of the bond not
used for restoration or unrestorable losses shall be returned; provided,
however, that not less than fifteen percent (15%) of the original
amount shall continue to be held for a period of thirty (30) months
to guarantee survival or restoration for such period of any replanted
trees or trees required to have been preserved. Any net amounts retained
due to violations causing loss of trees in sizes or character that
cannot be similarly replaced shall be transferred to a trust fund
established for tree preservation and replacement to mitigate improper
tree disturbance or returned to the permittee if no such appropriate
fund exists or is established within thirty (30) months from the effective
date of this Chapter (February 26, 1996). Notwithstanding any expenditure
of the bond by the City, the person obtaining the land disturbance
permit shall remain responsible for remedying any uncured violations
of this Chapter. The Director of Public Works, with consent of the
Director of Planning, shall have the authority to increase or decrease
the bond amounts and release provisions of this Chapter where under
the circumstances such alteration would comply with the intent of
this Section.
C.
Enforcement. The City Attorney shall be authorized to take any other
action to enforce the provisions of this Chapter or to remedy any
violation, including seeking injunctive action or damages for such
violations.
[Ord. No. 2805, 7-10-2023]
A.
It shall be unlawful for any person to do any of the following acts
on public property or a public right-of-way:
1.
Attach any sign, advertisement, notice or any other object except
for normal installation and maintenance devices or objects installed
by the City to any tree or shrub or in any flower bed in the public
right-of-way, park, or any other public property in the City.
2.
Attach or affix any sign, advertisement, notice, or any other
object to any grand tree on property located within the City in such
a manner as to unnecessarily and materially damage and harm such tree.
3.
Damage, cut, deface, destroy, top or injure any tree, shrub
or plant by placing salt, brine, petroleum products, weed killers,
concrete washout or any other substance in such an amount as to be
injurious to tree or shrub growth planted in the public right-of-way
or upon any park or public property. This provision shall not apply
to any ordinary care and maintenance or removal of hazardous trees
by a governmental entity authorized to exercise jurisdiction over
the right-of-way, park or other public property.
4.
Place or store cement, asphalt, soil or any other substance
in the right-of-way or on any public place which impedes access of
air and water to the critical root zone of any tree or shrub planted
in the right-of-way or any other public place.
5.
Permit any tree, shrub, plant or other item on that person's
property to hang over or branch in such a way as to obstruct or obscure
street lights, traffic signs, traffic signals or pedestrian or vehicular
access on public rights-of-way or obstruct the view of any street
intersection.
6.
Cause any excavation or construction on a public right-of-way
to occur within twenty (20) feet of any public tree without installing
fences, barriers or other guards to protect the tree on public right-of-way
from damage from such excavation or construction.
[Ord. No. 2805, 7-10-2023]
The Director of Public Works may cause to be removed or may
order the property owner to remove any trees, limbs, or other item
encroaching on or over a public property or right-of-way in violation
of an ordinance. In the event that the Director causes the encroachment
to be removed after notice and failure of the property owner to voluntarily
remove it, the Director shall send the property owner a bill for the
costs of such removal, and the property owner shall be responsible
for payment of such bill. Any person damaging, cutting, defacing or
injuring any tree or shrub on any public property or right-of-way
shall be responsible to pay for any remedial costs in addition to
such penalties as may be imposed.
[Ord. No. 2805, 7-10-2023]
The Director of Planning, on recommendation from the City Arborist, shall have the authority to order removal of trees or vegetation on private property that endanger the life, health, safety or property of the public and thereby constitute a nuisance. If such order is not complied with within thirty (30) days, the Director may cause the nuisance to be abated consistent with the procedures set forth in Chapter 215 of this Code.
[Ord. No. 2805, 7-10-2023]
Violation of any provision of this Chapter by any intentional act shall constitute an ordinance violation punishable pursuant to Section 100.140 of this Code.
[Ord. No. 2805, 7-10-2023]
Any appeals from application of this Chapter shall be made directly
to the Planning and Zoning Commission (the City's Tree Board)
unless the appeal is within the scope of the administrative review
procedure of the City, whereby such procedure shall be followed. Upon
compliance with the applicable review procedure, the Council may then
modify application of the Code where such application would be arbitrary
or constitute an unconstitutional taking of property without compensation
or is otherwise determined to be lawful.
