This Chapter shall be known and may be cited as the "Tree Preservation
and Restoration Ordinance of the City of Overland, Missouri."
The purpose of the Chapter is to set forth regulations for land
alteration relating to development, the preservation and protection
of trees, and the installation and maintenance of landscaping.
The following words, terms and phrases, when used in this Chapter,
shall have the meanings ascribed to them in this Section, except where
the context clearly indicates a different meaning:
CALIPER OR DIAMETER AT BREAST HEIGHT (DBH)
A measurement of the size of a tree equal to the diameter
of its trunk measurement at four and one-half (4 1/2) feet above
natural grade. If a tree splits into two (2) or more trunks below
four and one-half (4 1/2) feet, then the trunk is measured at
its most narrow point below the split. For newly planted trees the
caliper measurement will be taken six (6) inches above natural grade.
CHAIRMAN
The Chairman of the Commission.
CODE
The "Code of Ordinances of the City of Overland."
COMMISSION
The Planning and Zoning Commission of the City of Overland,
Missouri.
CRITICAL ROOT ZONE (CRZ)
An area drawn for each tree surveyed which represents the
average root system. The average root system follows the crown drip
line extending from the outer surface of a tree's branch tips
to the ground. CRZs vary depending upon tree species, tree size, soils
and moisture level, but shall always be deemed to incorporate a minimum
distance of ten (10) feet beyond the defined boundary of the tree's
root system.
DIRECTOR
The Director of the Department of Community Development.
DISTURB
Shall include the intentional or unintentional removal, destruction
or killing of any tree, other than as provided by this Chapter.
GRAND TREE
A tree in fair or better condition which equals or exceeds
the following diameter sizes: large hardwoods (e.g., oaks, hickories,
etc.) twenty-four (24) inch DBH; large softwoods (e.g., pines, spruces,
etc.) twenty (20) inch DBH; small trees (e.g., dogwood, redbud, etc.)
twelve (12) inch DBH. A tree in fair or better condition is defined
as having a life expectancy of greater than fifteen (15) years, a
relatively sound and solid trunk with no extensive decay, no more
than one (1) major and several minor dead limbs (hardwoods only),
and no major insect or disease problems.
GROVE
Any grouping of eight (8) or more trees each having eighteen
(18) inches or greater caliper with no tree trunk farther than thirty
(30) feet from any other tree trunk in the group.
SPECIMEN VEGETATION
A unique grouping of rare or unusual plants justifying preservation
pursuant to any established Federal, State or local guideline, including
those established in the Tree Manual.
TIMBER SALE
The cutting, removal or other disturbance of trees affecting
seven thousand five hundred (7,500) square feet or more of tree canopy
coverage area for the purpose of selling or harvesting such trees
or maintaining the health of a wooded area.
TREE
A woody plant that grows mostly upright as a single or multiple
stem that may eventually attain a height of fifteen (15) feet or more.
TREE CANOPY COVERAGE
The area in square feet of a tree's spread.
1.
Existing tree canopy is determined by measuring the ground's
surface area that is covered by the branch spread of a single tree
or clump or grove of trees.
2.
Ultimate tree canopy, to be used where replanting is required,
is determined by assigning the following values for planted trees:
one thousand (1,000) square feet for a large shade tree or major street
tree; seven hundred (700) square feet for each medium street tree
and most conifers and three hundred (300) square feet for small flowering
trees. The Tree Manual contains a list of approved restoration tree
species and their categories.
TREE MANUAL
A document, adopted by this Chapter and on file in the City
offices, having detailed instructions for preparing and evaluating
tree preservation plans, grading, planting and protection of all types
of vegetation. The Commission may make amendments to the specifications,
standards and procedures in the Tree Manual for application of this
Chapter and such amendments shall become effective upon order, resolution
or other approval of the Council.
TREE PRESERVATION PLAN (TPP)
A site plan prepared by an approved professional that delineates
tree save areas and details measures to be taken to ensure protection
and survivability of trees to be saved, prior to and during construction,
and also complies with guidelines which are listed in the Tree Manual.
A tree preservation plan should include a tree stand delineation.
TREE STAND DELINEATION (TSD)
A detailed description and location of trees and other woody
vegetation on the site prior to any proposed land disturbance, prepared
in map form, as specified in the Tree Manual. The tree stand delineation
is to be prepared using the proposed development plan as a base map
so that decisions can be made with respect to preserving existing
vegetation.
No grading permit, excavation permit, subdivision plat, or subdivision
sketch plan (if a sketch plan is submitted) shall be granted or approved
by the City until a tree preservation plan has been filed with and
approved by the Commission in connection with the proposed land disturbance.
The tree preservation plan shall be included as part of a proposed
grading plan, excavation plan, subdivision preliminary plat, or subdivision
sketch plan (if a sketch plan is submitted) or may be a supplement
to such plan or plat. The tree preservation plan shall ensure the
protection of remaining trees and vegetation on any site subject to
authorized land disturbance and shall include such specifications,
standards, and precautionary measures as prescribed by the Commission
pursuant to the guidelines in the Tree Manual.
No grading permit, excavation permit, subdivision plat, or subdivision
sketch plan (if a sketch plan is submitted) shall be granted or approved
unless at least thirty percent (30%) of all tree canopy coverage on
land not within any building setback area (required by applicable
zoning or subdivision regulations) shall be retained and undisturbed.
Where land disturbance is requested in conjunction with development
of more than one (1) parcel of land, or where the development will
require subdivision into more than one (1) parcel, the setback areas
shall apply and be determined by lot according to the preliminary
plat or sketch plan (if a sketch plan is submitted) for the proposed
development. Redevelopment, resubdivision, or amended platting of
land after the tree preservation plan has been implemented shall not
be permitted to defeat or avoid the tree preservation requirements
of this Chapter first applied to the site, and approval of such redevelopment
may be conditioned upon restoration of trees to equal the previous
tree preservation plan. Where excavation is requested for an approved
commercial use, the Commission may allow replantings, or existing
trees designated to remain after grading, anywhere on the site to
count towards the required tree canopy coverage.
Grand trees and specimen vegetation shall not be disturbed except
where it is necessary to permit construction or a use specifically
authorized by a planned zoning, conditional use permit, approved subdivision
plat or sketch plan, or approved final site plan (or section plan
where applicable) granted by the Commission, or as may otherwise be
permitted by the Tree Manual.
It shall be the duty of the Director or his/her designee to
enforce the provisions of this Chapter.
In cases where it reasonably appears that there is an immediate
danger to the health, safety, or welfare of the public due to the
existence of a nuisance the City Administrator or his/her designee
shall have the authority to order the immediate abatement of the nuisance
in an appropriate manner or the immediate vacation of the vicinity.
The Director or his/her designee shall have the authority to
order the removal of trees or vegetation on private property that
endanger the life, health, safety, or property of the public and thereby
constitute a nuisance. Failure of any property owner to remove said
nuisance shall constitute cause for the City to abate said nuisance
as set forth in this Chapter.
Abatement of said nuisances shall conform to the procedures
set forth in Section 225.030 of the Code.
If encroaching items or nuisances are permitted to exist on private property in violation of this Chapter more than one (1) time during the same growing season and, notice of violation pursuant to Section
420.140 of the Code, was delivered to the owner or other person in control of such property for any such prior violation during the same growing season, then the Director or his/her designee, may, without further notification to such owner or other person in control of such property, remove or alter such encroaching items or nuisances, and may collect the total cost of such removal in the manner set forth in Section 225.030(C) of the Code. Director or his/her designee may hire and enter into contracts with independent contractors to remove or alter such encroaching items or nuisances.
To the extent any provision of this Chapter conflicts with any provision of Article
III of Ch.
225 of the Code, the provisions of Article
III of Ch.
225 of the Code shall govern.
Any person violating or failing to comply with any of the provisions of this Chapter shall be guilty of a misdemeanor, and upon conviction thereof the provisions of Section
100.150 of this Code shall apply. The removal of each tree in violation of any provision of this Chapter shall constitute a separate punishable offense. The removal of each tree in violation of any provision of this Chapter shall constitute a separate punishable offense.