City of Ellisville, MO Site Design

[1]

Editor's Note: Ord. No. 3376 changed the title of this Article from "Site Design And Parking Requirements" to "Site Design." We changed the title here and at all references to this Article throughout the Code to match this amended title.

Section 400.470 Application of Article.

[R.O. 2005 §30-68; CC 1997 §30-68]

This Article shall be applicable to those areas zoned "residential, commercial and light industrial".

Section 400.475 Building Setbacks And Yards.

[Ord. No. 3357, 1-17-2018]

Interior Lots. All lots must have a front yard. If a lot does not have street frontage, the City Planner shall determine the front, rear and side lot lines and yards of such lot based on proximity of the nearest public street, existing lot configuration of abutting lots and good planning practices.

Appeals. Any person directly affected by a decision of the City Planner under this Section may appeal to the City Council. Appeals must be filed with the Council, in writing, no later than fourteen (14) days following the date of the decision so appealed. Appeals from the decision of the City Council shall be made to the Board of Adjustment in accordance with Section 400.140.

Section 400.480 (Reserved) [1]

[1]

Editor's Note: Former Section 400.480, Landscaping and Landscape Buffers, was repealed 10-18-2023 by Ord. No. 3559. Prior history includes R.O. 2005, Ord. No. 2073 and Ord. No. 3086. See now Section 400.485

Section 400.485 Tree and Landscape Ordinance.

[R.O. 2005 §30-21; Ord. No. 2697 §1, 4-20-2005; Ord. No. 3376, 5-16-2018;[1] Ord. No. 3559, 10-18-2023]

Title. This Section shall be known and may be cited as the "Tree and Landscape Ordinance" of the City of Ellisville, Missouri.

Purpose And Intent.

The purpose of this Section is to preserve and promote the health, safety, and general welfare of the public by providing regulation for the preservation and removal of existing trees and natural features, planting of trees and landscape plants, and to promote best practice landscape maintenance within the City of Ellisville. It is the intent of this Section to:

Preserve and improve the visual landscape character within the community.

Promote compatibility between various land use transitions through the preservation and installation of screening and landscaping.

Minimize nuisance effects resulting from traffic, glare, heat, noise, and dust.

Encourage the preservation of existing desirable trees, woodlands, and natural features.

Promote filtering of air pollutants, oxygen regeneration, ground water recharge, reduction of stormwater runoff, improve water quality, stabilization of soil, and erosion prevention.

Protect property values.

Improve the appearance of parking areas and properties abutting public rights-of-way.

Additionally, this Section is intended to provide focused guidance on regulations pertaining to priority areas identified by the City as noted below:

Major commercial corridors along Manchester Road and Clarkson Road.

Street tree plantings along residential streets, per City Tree Planting Program.

Buffering between various land use transitions.

Tear-down and redevelopment on single-family residential properties.

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 and building permits, and all properties to be redeveloped, including additions and alterations.

Properties that are non-conforming to the requirements stated in this Section shall be brought into conformity when a new building, new accessory structure, or new parking lot is proposed or when an addition to an existing building, accessory structure, parking lot, or outside storage yard exceeds one thousand (1,000) square feet or increases by ten percent (10%), whichever is greater.

Parcels of land occupied by a single-family or two-family land use are exempt from the requirements stated herein, except where specifically stated in this Section.

Administrative Provisions.

It shall be the duty of the City Planner to administer, enforce, and carry out the provisions and requirements of the Tree and Landscape Ordinance.

The City Planner may seek assistance in administrative duties from other City staff, the Tree Board, or third-party professional consultants (i.e., certified arborist, urban forester, landscape architect, etc.), as deemed necessary to administer, provide consultation, enforce, and carry out the provisions and requirements of the Tree and Landscape Ordinance.

Definitions. The following definitions, in addition to those stated in Section 400.090, shall apply to this Section:

BALLED AND BURLAPPED (B&B)

Field grown plants which are dug with soil intact then wrapped with burlap and tied with twine or wire baskets.

BARE ROOT PLANTING

Plants that are dug and transported with no soil covering the roots.

BOTANICAL NAME

Formal scientific latin name of a plant describing the genus and species.

CALIPER

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.

CONTAINER GROWN

A plant which has been produced in some form of container, usually plastic pots of ranging sizes.

CRITICAL ROOT ZONE (CRZ)

Area of that tree(s) root system that shall remain undisturbed in order to protect the health of a tree. This zone is generally defined as the area of a tree(s) roots within the dripline of the trees crown.

CROWN LIFTING

Selective pruning of lower tree branches to increase the vertical clearance of the tree crown from ground level.

CROWN REDUCTION

Selective pruning of a tree's crown to reduce the overall height and spread, while maintaining the tree's natural form.

CROWN THINNING — Selective pruning to remove weak, thin, and crossing limbs and branches to reduce the density of branches/foliage

Sometimes performed to improve the long-term health of a tree.

CULTIVAR

Plants that are propagated vegetatively to ensure plant offspring will obtain desirable characteristics of the parent plant for one (1) generation.

FORMATIVE PRUNING

Selective pruning of lateral tree branches to develop a strong straight trunk, properly spaced branching, and a clear central leader.

HEAT ISLAND

An area, typically urban, that is significantly warmer than its surroundings. Heat island is generally a result of urban development patterns that add impervious surfaces in place of green space.

INVASIVE SPECIES

A plant species which is "out of place," typically non-native to a particular region, and has the tendency to propagate and spread vigorously leading to the damage of the environment, habitat, human economy, and/or human health.

IRRIGATION

Providing water to plantings; can be performed manually or through an automated system.

MISSOURI ONE CALL SYSTEM

A non-profit Missouri corporation which provides a single-point of contact to aid in the location and marking of public underground utilities.

MoDOT

Missouri Department of Transportation.

RIGHT-OF-WAY (ROW)

Strip of publicly maintained land which is used for transportation purposes. Right-of-way typically houses roadways, sidewalks, bike trails, above ground and below ground utilities.

STREET TREE

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.

TREE LAWN

Planting area located within the right-of-way between the edge of road pavement and sidewalks typically planted with turf lawn.

TREE "TOPPING"

Excessively reducing tree crowns by cutting branches and limbs, leaving only stubs and lateral branches that are too small to assume the role of a terminal leader. Tree topping most often leads to numerous problems and risks, and should be avoided.

TREE-FORM

Single trunk variation of plant species usually grown as clumps or with multiple trunks.

UNDERSTORY PLANT (TREE, SHRUB, ETC.)

Plant species that are adapated to growing beneath the canopy of larger trees and/or in woodland environments.

UTILITIES

Above or below ground service lines, including electrical, communications, storm sewer, sanitary sewer, gas, water, etc.

VARIETY

Plants of a species which has a unique characteristic which is true to type, and can be reproduced through seeding.

WHIP (PLANT)

A young slender tree, typically unbranched or with limited branches that are approximately two (2) to three (3) years in age.

Plan Submission Requirements For Tree Preservation And Landscaping.

This Subsection provides information on tree preservation plan and landscape plan submissions required to be provided to the City for review and approval to ensure compliance with the requirements stated herein.

The matrix below provides an overview of required plan submittals for various development processes.

A landscape or tree preservation plan may be required as indicated in the matrix shown in Figure 1 below or as deemed necessary by the City Manager.

Figure 1: Required Plan Submittal Matrix
Development Process	Landscape Plan Required?	Tree Preservation Plan Required?
Zoning Map or text amendment	No	No
Application for site plan review	Yes²	Yes²
Site improvement/land disturbance permit application	Yes¹	Yes¹
Building permit application	Yes²	Yes²
Tree removal request form	No	No³
Conditional use permit application	Yes	Yes
Application for architectural review	Yes	Yes
Planned development application	Yes	Yes
Application for subdivision, lot consolidation, boundary adjustment, or condominium plat approval	Yes	Yes

¹	Landscape and tree presevation plans shall accompany an application for site improvement/land disturbance permit as follows:
	- If required by other concurrent development process (i.e., site plan review, building permit, etc.).
	- Tree preseravtion plans shall be provided if the permit application includes major land distrubance or utility construction.
	- Landspace plans shall be provided if the permit application includes modification to landscape or trees required by ordinance.
²	Yes, for all new buildings and building renovations or parking additions with a gross area of one thousand (1,000) square feet or greater; and for properties which are not in compliance with tree and landscape requirements described herein.
³	If more than ten (10) protected trees are requested for removal, submission and approval of a tree preservation and/or landscape plan to the City may be required, as the City Manager deems necessary.

Once tree preservation and or landscape plans have been submitted to the City, the City Planner and/or their third-party consultant will review the plans for compliance and provide either comments for revision and re-submittal, notice of approval, and/or notice of disapproval.

Tree Preservation Plan (TPP) Requirements.

Tree preservation plans submitted digitally or in printed form to the City for review shall have a scale of one (1) inch equals fifty (50) inches or larger, be on standard size drawing sheets no larger than thirty-six (36) inches by forty-eight (48) inches, and contain the following information:

(1)

Drawing scale and drawing orientation (north arrow).

(2)

Property lines, easements, rights-of-way (including dimensions).

(3)

Existing and proposed contours at five (5) feet intervals or less.

(4)

Limits of disturbance and clearing limits.

(5)

Location and dimensions of existing and proposed buildings, parking/vehicular use areas, paved surfaces, walls, fences, lights, and other site features.

(6)

Size and location of existing and proposed public and private utilities.

(7)

Location, size, and species of existing trees to remain on-site.

(8)

Location, size, and species of existing trees to be removed from site.

(9)

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).

(10)

Name, address, and phone number of the property owner.

(11)

Name, address, and phone number of the landscape architect or certified arborist responsible for the production of drawings.

Tree preservation plans submitted shall be prepared, signed, and sealed by a Missouri landscape architect, urban forester, or a certified arborist.

Tree preservation plans submitted for individual single-family or two-family properties are not required to be sealed by a Missouri landscape architect. Urban forester, or certified arborist.

Landscape Plan Requirements.

Landscape plans submitted digitally or in printed form to the City for review shall have a scale of one (1) inch equals fifty (50) inches or larger, be on standard size drawing sheets no larger than thirty-six (36) inches by forty-eight (48) inches, and contain the following information:

(1)

Drawing scale and drawing orientation (north arrow).

(2)

Property lines, easements, rights-of-way (including dimensions).

(3)

Zoning of site and adjoining properties.

(4)

Existing and proposed contours at five (5) feet intervals or less.

(5)

Location and dimensions of existing and proposed buildings, parking/vehicular use areas, paved surfaces, walls, fences, lights, and other site features.

(6)

Size and location of existing and proposed public and private utilities.

(7)

Location and sizes of proposed trees and landscaping [proposed plant material should provide detailed information for species, cultivars (if applicable), size, and mature size].

(8)

Location, size, and species of existing trees to remain on-site.

(9)

Construction details, including, but not limited to, planting details, fence details, etc.

(10)

Estimated time schedule for planting.

(11)

Name, address, and phone number of the property owner.

(12)

Name, address, and phone number of the landscape architect responsible for the production of drawings.

Landscape plans submitted shall be prepared, signed, and sealed by a Missouri landscape architect.

Landscape plans submitted for individual single-family or two-family properties are not required to be sealed by a Missouri landscape architect.

Preservation Of Trees, Woodlands, And Natural Features.

Preservation Of Woodlands And Natural Features.

Natural features such as trees, brooks, hilltops and views shall be preserved wherever possible in designing any subdivision or lot containing such features. Artificial and natural lakes are to be preserved and encouraged as much as possible. Young and mature woodlands, as defined in Section 400.090, on a site to be subdivided or developed for any permitted or conditional land use shall be preserved as permanent open space as set forth in this Subsection:

(1)

No more than seventy percent (70%) of any mature woodlands may be cleared or developed. The remaining thirty percent (30%) shall be maintained as permanent open space. No more than seventy-five percent (75%) of any young woodlands may be cleared or developed. The remaining twenty-five percent (25%) shall be maintained as permanent open space.

(2)

The following precautions shall be undertaken to protect woodland areas to be maintained as permanent open space:

(a)

The developer shall submit a survey of all woodlands or clusters of trees greater than two and one-half (2 1/2) inches in caliper and the location of all proposed lot lines, buildings, rights-of-way, utility lines and easements. A detailed description of individual trees with a caliper twelve (12) inches or greater, including type and size, shall be provided.

(b)

The developer shall designate the location and amount of young and/or mature woodlands to be maintained as permanent open space and their percentage of the total young and mature woodlands on the site.

(c)

The developer shall not include as permanent open space any trees or woodlands in easements, building areas, rights-of-way or dedications. Any permanent open space trees which are removed by the utilities must be replaced by the developer at the rate of two (2) to one (1) and said trees must be a minimum of two (2) inches in caliper if replacing young woodland trees and four (4) inches in caliper if replacing mature woodland trees.

(d)

The developer shall not develop within the canopy area or dripline of any tree to be preserved as permanent open space. The "canopy or dripline" of a tree is that area circumscribed on the ground by a vertical line extended from the outermost extremities of the plant's branches to the ground.

(e)

The developer shall employ recommended tree protective measures for existing trees and woodlands to be preserved, as stated under tree protection standards in this Section.

(f)

The developer shall post a surety for the benefit of the City in the amount of ten thousand dollars ($10,000.00) for every acre of woodlands to be preserved (or portion thereof). The surety shall be applied to the replacement of any trees which should die prior to City acceptance of the site improvements.

(g)

The developer shall replace with a tree of similar size and type all trees which die as a result of such development or substitute amount or size of trees as approved by the City.

(3)

Replacement Of Woodlands. Whenever the requirements of this Section would render a site unbuildable, the developer may clear or develop more mature woodlands than otherwise permitted, if the total mature woodland area disturbed is not increased by more than ten percent (10%) of the total woodland area on the lot or site. In any event, not more than eighty percent (80%) of mature woodlands may be disturbed. This additional disturbance shall be permitted only where the following conditions are met:

(a)

The developer shall designate a new woodland area on a part of the site not forested.

(b)

The new woodland area shall consist of one and two-tenths (1.2) times the surface acreage of the woodland area disturbed pursuant to this Subsection.

(c)

Within each acre of newly designated woodland area, the following plantings shall be made:

(i)

Three (3) canopy trees, minimum of three (3) inches in caliper;

(ii)

Eight (8) canopy trees, minimum of two (2) inches in caliper;

(iii)

Seventy-five (75) canopy trees, minimum of six (6) feet to eight (8) feet high whips; and

(iv)

Eight (8) understory trees, minimum one and one-half (1 1/2) inches in caliper or five (5) feet high for multi-stemmed clumps.

(d)

Woodland canopy and understory trees planted for replacement woodland areas shall have a native distribution in Missouri as determined by the United States Department of Agriculture Natural Resources Conservation Service.

(4)

Removal Of Trees In Permanent Open Space. A tree preserved as permanent open space may be removed by the resident or owner of the property where the tree is preserved only if the following conditions are satisfied:

(a)

A licensed landscape architect, urban forester, certified arborist or other person whom the City deems to be qualified, certifies that the tree is diseased or dead.

(b)

If the tree is not diseased or dead, a resident or owner of the property may apply to the City to remove the tree in order to make improvements to the property if:

(i)

Other trees are planted by the resident or owner to replace the tree to be removed at the rate of two (2) to one (1) and said replacement trees must be a minimum of two (2) inches in caliper if replacing young woodland trees and four (4) inches in caliper if replacing mature woodland trees.

(ii)

The replanted trees are to be located within and included as permanent open space.

(iii)

Replacement trees shall have a native distribution in Missouri as determined by the United States Department of Agriculture Natural Resources Conservation Service.

Where it is determined that removal of young or mature woodlands and or significant trees has occurred within two (2) years prior to the filing of the preliminary plat, site development plan application, conditional use permit application, planned development application, or other development review required by the City, the City may require plantings in excess of the above requirements up to three (3) times the number of trees that would otherwise be required.

Preservation, Removal, And Replacement Of Protected Trees.

This subsection states provisions for preservation, removal, and replacements of protected trees located on public property, rights-of-way, and private property. This subsection applies to trees that are not woodland trees, young or mature, as defined in Section 400.090, that are required to be preserved as permanent open space as stated under Subsection (G)(1), Preservation of Woodlands and Natural Features.

Protected Tree Classifications. The following tree classifications shall not be damaged or removed at any time without review and approval from the City Manager unless otherwise stated herein. The following tree classifications, if preserved during construction and/or redevelopment, shall be protected as stated under tree protection standards in this Section. The following tree classifications, if removed at any time, shall be replaced as required under the tree replacement standards in this Section. Protected trees within the City of Ellisville are classified as follows:

(1)

Existing Saved Tree. Any tree saved during redevelopment or construction that are to be credited towards meeting tree and landscape planting requirements stated within this Section.

(a)

Existing saved trees that are to be credited must meet the following minimum criteria:

(i)

Trees shall be live, healthy, free of disease or pests.

(ii)

Trees shall be of a species, type, and have growth characteristics that is appropriate to the requirement the tree credit is intended to satisfy.

(iii)

Invasive tree species as defined by the Missouri Department of Conservation shall not be credited toward meeting tree and landscape planting requirements.

(iv)

Canopy trees shall be a minimum of two and one-half (2 1/2) inches or greater in caliper, ornamental trees shall be a minimum of one and one-half (1 1/2) inches or greater in caliper, evergreen trees shall be a minimum six (6) feet in height and have an intact central leader.

(v)

The structural root zone of the tree shall not be disturbed and less than seventy percent (70%) of the critical root zone area shall be disturbed by construction activities. If the critical root zone is anticipated to be preserved, the tree shall be root pruned as described in Subsection (G)(4), Tree Protection Standards.

(2)

Existing Trees Located On Public Right-Of-Way/Public Property. Any tree located within public right-of-way or public property (i.e., parks) may not be removed without the review and approval of the City Manager.

(a)

Removal of existing trees located in public rights-of-way not under City of Ellisville jurisdiction (i.e., MoDOT) may require additional review and approval or other requirements in addition to that required by the City Manager.

(3)

Existing Trees Located On Private Property. The following existing trees located on private property are considered protected trees and may not be removed without the review and approval of the City Manager:

(a)

Existing trees located on a property occupied by a land use other than single-family or two-family residential, having a caliper of eighteen (18) inches or greater, and is not classified as an invasive species as defined by the Missouri Department of Conservation.

(b)

Existing trees located on a property occupied by single-family or two-family residential land use, having a caliper of twenty-four (24) inches or greater, and is not classified as an invasive species by the Missouri Department of Conservation.

(4)

Trees Required By Tree And Landscape Planting Requirements. Any existing tree previously installed and maintained and/or preserved for a landscape buffer, street tree planting, parking lot planting, or other required planting, pursuant to a planned development, a subdivision, a conditional use permit, a site development plan, a landscape plan or other such land use plan or approval may not be removed without the review and approval of the City Manager.

Removal Of Protected Trees. Protected trees as stated above shall not be removed without review and written approval from the City Manager. Protected trees may only be removed once the following conditions are satisfied:

(1)

For the removal of individual or ten (10) or less protected trees, a tree removal request form shall be obtained from the City, completed by the property owner, submitted to the City for review, and granted written approval by the City Manager.

(2)

If more than ten (10) protected trees are requested for removal, submission and approval of a tree preservation and/or landscape plan to the City Manager may be required, as the City Manager deems necessary.

(3)

An assessment by a licensed landscape architect, urban forester, certified arborist or other person whom the City Manager deems to be qualified, that certifies the tree is diseased or dead is provided.

(4)

If the protected tree(s) requested for removal are not diseased, dead, or hazardous, or are located on public property or public right-of-way, or were planted to meet tree or landscape planting requirements stated by this Section, the owner agrees the trees shall be replaced as stated under tree replacement standards in this Section.

(5)

Exception. 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.

Replacement Of Protected Trees. Protected trees that are to be removed shall be replaced as follows:

(1)

Street trees, parkway trees, or trees located on right-of-way shall be replaced at a minimum one (1) to one (1) ratio, or as needed to meet minimum tree requirements as specified by this Section, or as recommended by the City's third-party consultant.

(2)

Trees on public property (i.e., parks) shall be replaced at a minimum two (2) (2) to one (1) ratio, or as needed to meet minimum tree requirements as specified by this Section, or as recommended by the City's third-party consultant.

(3)

Protected trees of private property shall be replaced at a minimum two (2) to one (1) ratio, or as needed to meet minimum tree requirements as specified by this Section, or as recommended by the City's third-party consultant.

(4)

Replacement trees must meet the following minimum criteria:

(a)

Replacement trees shall be of a similar type and have similar characteristics to the removed protected tree.

(b)

Replacement canopy trees shall be a minimum of two and one-half (2 1/2) inches or greater in caliper, replacement ornamental trees shall be a minimum of one and one-half (1 1/2) inches or greater in caliper, evergreen trees shall be a minimum six (6) feet in height and have an intact central leader.

(c)

Species classified as an invasive species by the Missouri Department of Conservation are not permitted as replacement trees.

(d)

Replacement tree(s) to be planted on public right-of-way or as a street tree shall be selected from the acceptable species within the City Master Tree Species List.

Tree Removal Request Form. A tree removal request form, made available by the City, shall be required for submission to the City Manager as stated herein and contain at minimum the following:

(1)

Name and address of the applicant.

(2)

Address of the property the tree is located on.

(3)

Species, size (caliper), condition, and general location of the requested trees to be removed.

(4)

Information on how replacement requirements will be satisfied, if required. Include at minimum the species and size of the replacement tree(s), and the name of the installer performing the tree replacement.

(5)

If assessment from a licensed landscape architect, urban forester, certified arborist or other person whom the City Manager deems to be qualified is required as stated herein, the assessment shall be provided in letter format and attached to the tree removal request form.

(6)

Photographs clearly documenting the condition of each tree(s) proposed for removal shall be included. Provide photographs on eight and one-half (8 1/2) inches by eleven (11) inches format paper.

Damage To Protected Trees. It shall be unlawful for any person, firm or City department to top or multilate any protected tree as classified herein. "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. "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. 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 City Manager.

Residential Tear-Down And Rebuild Sites. This subsection pertains to redevelopment of single or subdivided lots in which an existing single-family detached or two-family residential building is demolished and replaced with new single-family or two-family residential building. Requirements for residential tear-down and rebuild sites as defined above shall include:

(1)

Submission of a tree preservation plan and landscape plan for City review and approval.

(2)

Existing protected trees on the property shall be preserved as required herein.

(3)

At the time of redevelopment of the property existing saved trees, meeting minimum requirements stated herein, may be utilized as a credit for the replacement of protected trees proposed for removal. These trees may also be used towards meeting open space tree planting requirements.

(4)

Existing trees shown on the tree preservation plan as preserved shall be protected per the requirements set forth in Subsection (6)(4), Tree Protection Standards.

(5)

Figures 2 and 3 show examples of residential tear down and rebuild scenarios.

Additional Tree Preservation, Removal, And Maintenance Provisions.

The City shall have the right to cause the removal of any dead or diseased trees, tree limbs or branches on public or private property within the City, when such trees constitute a hazard to health, safety, welfare or property or harbor insects or disease which constitute a potential threat to other trees or plant life within the City. The City will notify in writing the owners of such trees. Removal shall be done by said owners at their own expense within thirty (30) days after the date of service of notice. In the event of failure of owners to comply with such provisions, the City shall have the authority to remove or have removed such trees, tree limbs or branches and charge the cost of removal on the owner's property tax notice.

The City shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the right-of-way line of all City streets, alleys, avenues, lanes, squares and public grounds as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds. The City may remove or cause or order to be removed any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to channels, sewers, electric power lines, gas lines, water lines or other improvements or is affected with any injurious fungus, insect or other pest.

Every owner of any tree overhanging any street or right-of-way within the City shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of eight (8) feet above the surface of the street or sidewalk. Said owners shall remove all dead, diseased or dangerous trees or broken or decayed limbs which constitute a menace to the safety of the public. The City shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light or interferes with visibility of any traffic control device or sign.

It shall be unlawful for any person to prevent, delay or interfere with the City or any of its agents while engaging in and about the planting, cultivating, mulching, pruning, spraying or removing of any street trees, park trees or trees on private grounds as authorized in this Section.

Tree Protection Standards.

Tree protection measures identified by a tree preservation plan, or otherwise required as stated herein or by City-issued permit, should be in place and fully installed prior to redevelopment or construction of a site. A 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.

Tree Protection Measures. Measures utilized by developers and their contractors for before and during construction and development of a site shall include the following:

(1)

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 be as noted in Figure 4. Other suitable tree protection fencing materials may be used with approval from the Tree Board. Tree protection signs shall be provided as shown and noted in Figure 5.

(2)

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 City Manager. The use of equipment that tears, rips, or pulls roots is prohibited.

(3)

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.

(4)

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 root zone 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.

(5)

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.

Tree Protection Zone. Tree protection fencing shall be placed at the dripline or limits of the critical root zone, as approved by the City Manager, 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 is commenced and must be maintained for the entirety of construction. The tree protection zone should comply with the following:

(1)

Construction equipment, vehicles, trailers, excessive foot traffic, and storage of materials must remain outside of the tree protection zone.

(2)

Erosion control measures shall be installed to prevent siltation or erosion within the tree protection zone.

(3)

Trenching or excavation is prohibited within the tree protection zone.

(4)

No grade or earthwork changes are to be made within the tree protection zone.

(5)

Spoils from trenching or other excavations shall not be placed within the tree protection zone.

(6)

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.

(7)

No burn piles or debris pits shall be placed within the tree protection zone.

(8)

No ashes, garbage, chemicals, or other debris shall be dumped in the tree protection zone.

(9)

Herbicides used within the tree protection zone must be safe for use around trees.

(10)

Removal of brush or other landscape material if required within the tree protection zone shall be accomplished using hand-operated equipment.

Tree And Landscape Requirements.

Street Yard Landscape Requirements.

A street yard measuring a minimum of twenty (20) feet in width shall be established and maintained within the required front yard along the street side adjacent to the property line, as follows:

(1)

The street yard shall be landscaped with turf grass, groundcover, shrubs, trees, or a combination thereof. Natural mulch or landscape gravel may be used in the street yard in combination with natural, living plant material.

(2)

Street yard shrub and groundcover plantings adjacent to intersections, cross streets, and business entries should not be taller than three (3) feet.

(3)

Impervious surface, including point of access, driveways, parking lots, and/or sidewalks should not exceed thirty percent (30%) of the total street yard area.

(4)

Street tree plantings as required herein shall be provide in the street yard if not able to be located within the right-of-way.

(5)

May consist of pedestrian accommodations and amenities, including, but not limited to, sidewalks, street furniture, pedestrian level lighting, landscaping, and street tree plantings. Impervious surfaces dedicated to pedestrian accommodations and amenities may exceed thirty percent (30%) of the total street yard area, within the front building setback for properties within the Town Center, as defined in Section 400.090.

Tree Requirements.

Tree Planting Categories. In an effort to encourage more effective placement of tree plantings, three (3) categories of tree plantings have been created to group trees by size and similar growing characteristics. Refer to the Subsection (H) for recommended tree planting lists. Below is a list of the three (3) planting categories as defined by this Section, along with brief descriptions of each:

(1)

Group A (Compact Trees). Group A trees consists of species that generally have more compact habit and smaller canopies. Trees in this category will have an average mature canopy height of no more than thirty (30) feet and are more ornamental in character. Please note also included in this category are columnar/fastigiate form trees that are suitable for placement in more constricted locations (i.e., adjacent to power lines).

(2)

Group B (Medium Trees). Group B trees consists of species that generally have more compact habit and medium size canopies. Generally trees in this category will have an average mature canopy height of no more than fifty (50) feet.

(3)

Group C (Large Trees). Group C trees consists of species that generally have more broad and open habits and larger sized canopies. Generally trees in this category will have an average mature canopy height more than fifty (50) feet.

The following pages contains tree catalogues for Group A, B, and C tree planting categories. These catalogues provide information on specific characteristics for each tree and should be utilized with the master tree species lists provided herein to assist with the selection of appropriate tree plantings to meet specific site conditions.

Tree Catalogue (Group A)

Tree Catalogue (Group B)

Tree Catalogue (Group C)

Tree Plantings Requirements Illustrated. The diagram below (Figure 8) illustrates tree planting requirements applicable to a property, and is shown for illustration purposes only. The diagram helps to illustrate various planting requirements for street trees, open space trees, landscape buffer trees, and parking/vehicular use area trees.

Typical Tree Planting Metrics. The tree placement metrics stated in Figure 9 should be used for locating the placement of required street tree, open space tree, parking/vehicular use area tree, and landscape buffer tree plantings. The metrics were created to allow for the various tree species to have the proper amount space for maximum plant growth and to reduce potential conflicts with utilities, pavement, visibility, etc. The diagrams illustrated in Figures 10, 11, and 12 are provided to graphically show tree placement metrics, the diagrams are shown for illustration purposes only.

Figure 9: Typical Tree Planting Metrics Chart
Placement Metric	Group A	Group B	Group C
Min. spacing between street trees	15 feet o.c.	20 feet o.c.	30 feet o.c.
Min. of spacing from intersections/cross streets	25 feet	25 feet	25 feet
Min. spacing from overhead utility lines	10 feet*	25 feet	30 feet
Min. spacing from street lights	25 feet	25 feet	25 feet
Min. spacing from fire hydrants and at grade utilities (manholes/inlet structures/etc.)	10 feet	10 feet	10 feet
Min. spacing from edges of pavement***	3 feet	4 feet	6 feet**
Min. spacing from driveways and curb-cuts	15 feet	15 feet	15 feet

*	Tree's with small, compact habit may be planted under utility lines with approval from City and utility owner.
**	Group C trees may be planted in tree lawns less than twelve (12) feet wide, but not narrower than eight (8) feet wide.
***	Trees may be planted closer to edges of pavement than listed with City review and approval if appropriate design measures are used (i.e., structural soils system, root directors, etc.).

Street Tree Plantings.

(1)

Street tree plantings will be required as follows:

(a)

Non-residential streets: one (1) tree per fifty (50) lineal feet of lot frontage.

(b)

Residential streets: one (1) tree per forty (40) lineal feet of lot frontage.

(c)

Existing trees saved, meeting minimum size, of acceptable species and health, and meeting street tree placement requirements may be counted toward street tree totals.

(d)

Street tree plantings on right-of-way under jurisdiction of an agency or entity separate from the City may require additional review, approval, and permitting.

(e)

Group B and C tree species should be utilized for street tree plantings to the extent possible, Group A trees should be utilized where limitations and other obstacles require a compact form tree.

(2)

Street Tree Planting Clearance And Visibility. The following will apply to street tree and clearances:

(a)

Tree canopies should be pruned to maintain a minimum eight (8) foot clearance from ground level as the tree matures in size. If clearance not met at time of planting, planting should be located that it does not impede access or visibility on roadways or walking surfaces.

(b)

Limbs shall not obstruct street light distribution.

(c)

Limbs that extend beyond the vertical plane of a driveway or roadway edge must have a minimum clearance of fourteen (14) feet above the roadway surface.

(d)

Tree trunks and limbs shall not obstruct signage.

(e)

Along commercial corridors, tree plantings shall be located and pruned appropriately to prevent screening of properties adjacent to roadway. Street yard landscape between the street and front of adjacent businesses shall be kept to a maximum height of three (3) feet to allow visibility into the property.

(f)

Trees should not be planted within the sight distance triangle as described by City of Ellisville Municipal Code and/or other jurisdictional requirements.

(g)

Clump form trees and evergreen plantings shall be avoided for street tree application. Exception may be made in areas where visibility of adjacent property is undesirable (i.e., screening of utility substations, dumpster enclosures) with review and approval from the City.

(h)

Diagrams in Figures 13 and 14 are provided to illustrate key clearance and visibility requirements for street tree plantings along commercial corridors.

(3)

Street Tree Planting Guidelines For Commercial Corridors - Retrofit Scenario. The diagram shown in figure 15 illustrates potential strategies for adding street trees and landscaping to improve commercial corridors within the city. This diagram looks at a scenario where existing conditions remain, and improvements are retrofitted. This diagram assumes challenges with overhead utilities, typical to Ellisville's commercial corridors, are present here. Please note this diagram is shown for illustration purposes only to describe encouraged strategies for improving tree planting within existing commercial corridors and shall not constitute specific requirements or exempt from other requirements stated herein.

(4)

Street Tree Planting Guidelines For Commercial Corridors - Redevelopment Scenario. The diagram shown in Figure 16 illustrates potential strategies for adding street trees and landscaping to improve commercial corridors within the City. This diagram looks at a scenario where commercial properties are redeveloped amongst existing adjacent businesses. This diagram assumes challenges with overhead utilities, typical to Ellisville's commercial corridors, are present here. Please note this diagram is shown for illustration purposes only to describe encouraged strategies for improving tree planting within existing commercial corridors and shall not constitute specific requirements or exempt from other requirements stated herein.

(5)

Street Tree Planting Guidelines For Residential Streets. Residential streets benefit greatly from the incorporation of street trees. They will help to calm traffic, shade walkways, and increase the aesthetic appeal of neighborhoods. Trees shall be planted along residential streets as follows:

(a)

Typically, where space allows, street trees shall be planted on tree lawns within the right-of-way.

(b)

If tree lawns are too narrow, tree plantings should be placed within the right-of-way or street yard adjacent to the sidewalk. Street trees shall be placed as close as allowed to the adjacent street pavement while still meeting placement and clearance requirements stated herein.

(c)

If no sidewalk is present along a side of a residential street, the street trees along that side shall be planted a minimum of four (4) feet for Group A and B trees, a minimum of six (6) feet for Group C trees, and maximum of eight (8) feet away from the back of curb or pavement edge if no curb is present for either tree group. Street tree plantings may exceed the maximum eight (8) feet noted above if utilities or other obstacles prevent such placement, with City review and approval.

(d)

The diagrams shown in Figures 17 and 18 illustrate recommended placement for street trees on residential streets.

Open Space Tree Plantings. In addition to trees required based upon street frontage, open space trees shall be planted, or acceptable existing trees shall be preserved, in site open spaces. The lot area not covered with buildings or structures shall be used to calculate open space tree planting requirements at the ratios noted below:

(1)

Single-family and two-family residential lots: one (1) tree per every four thousand (4,000) square feet of open lot area.

(2)

Commercial, institutional, and multi-family residential lots: one (1) tree per every five thousand (5,000) square feet of open lot area.

(3)

Industrial lots: one (1) tree per every six thousand (6,000) square feet of open lot area.

(4)

Please note, trees used for parking lots/vehicular use areas or for landscape buffers can be counted towards open space tree requirements. Existing trees saved, meeting minimum size, acceptable species, and health may be counted toward open space tree totals. Large open sports/play fields or native plantings areas located on properties may be excluded from the calculation with approval from the City.

Parking/Vehicular Use Area Tree Plantings. Refer to the landscape requirements section of this Section for additional information regarding parking/vehicular use area tree plantings.

Landscape Buffer Tree Plantings. Refer to the landscape requirements section of this Section for additional information regarding landscape buffer tree plantings.

Tree Species Selection And Biodiversity. Tree species should be selected from the master species list's acceptable species, appended to this Section. Other suitable species may be proposed for review and approval by the City and/or its third-party consultant. To promote biodiversity of the City's tree canopy, monoculture plantings should be avoided. For a project area or landscape plan submittal, one (1) species may be no greater than twenty percent (20%) of the tree total unless otherwise approved by the City. Native tree species are preferred for selection.

Guidelines For Tree Plantings Adjacent To Overhead Utilities. Tree plantings shall follow the spacing requirements as described in Figure 9. No tree may be planted under or within ten (10) lateral feet of any overhead utility wire, without City review and approval. Please note, planting under an overhead utility may be subject to additional agency review separate from the City and may be subject to additional requirements/restrictions if an easement is present. Diagrams shown illustrated in Figures 19 through 21 are provided to graphically illustrate tree placement requirements around utilities.

Landscape Requirements.

General Landscape Requirements.

(1)

Any part of the lot area not used for buildings, other structures, or for parking, loading or access ways shall be landscaped with turf, ground cover, trees, shrubs, or native planting areas.

(2)

All required landscape areas 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 are encouraged to be used. Automatic irrigation systems are recommended although not required for single-family and two-family properties.

(3)

Landscape beds should consist of large masses of durable, low maintenance, preferably native plantings. It is encouraged to limit the number of plant species in landscape beds to two (2) or three (3) species to help reduce maintenance needs.

(4)

Utilizing trees and shrubs that produce profuse amounts of fruit adjacent to paved or parking areas should be avoided, as these will likely cause issues with birds and fruit litter.

(5)

It is encouraged to mix deciduous plants with evergreen plants, spring with fall blooming plants, to help create year-round interest.

Landscape Buffers.

(1)

Landscape buffers are required to provide a better transition between differing types of land uses. The landscape buffers provided in this Section are categorized by level of intensity or impact. For medium and high impact buffers, multiple options have been provided to allow developers and designers a degree of flexibility in the design of the landscape buffers. Plan samples have been provided for each option to help illustrate intent. The matrix shown in Figure 22 describes the level of intensity required for landscape buffers between varying common land uses within the City.

(2)

The landscape buffers shall be composed of a mixture of plant materials, earthen berms, and privacy 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. It is encouraged that the designer layer plant materials to create a balanced buffer and utilize understory and groundcover plantings in addition to the plant material specified herein.

(3)

Required landscape buffers as stated in the matrix shown in Figure 22 shall meet the minimum requirements displayed in Figures 23 through 27:

Parking/Vehicular Use Area (VUA) Landscaping Requirements. The intent of the requirements for parking/vehicular use areas is to break up the expanse of pavements, to provide shade, and to reduce glare from parked cars and loading docks. Minimum requirements for parking/vehicular use area landscaping are as follows:

(1)

Parking/VUA Perimeter Landscaping. Perimeter landscaping shall be provided to buffer between the vehicular use area and adjacent right-of-way and/or properties, as follows:

(a)

A minimum of two hundred fifty (250) square feet of space shall be dedicated to landscape within the perimeter of the parking/vehicular use area.

(b)

For each parking stall, twenty-five (25) square feet of space shall be dedicated to landscape within the perimeter of the parking/vehicular use area.

(c)

Perimeter VUA landscape shall be composed of at minimum fifty percent (50%) evergreen plant material.

(d)

Perimeter landscaping shall be placed such that the plant material does not block required sight lines of vehicles.

(2)

Parking/VUA Interior Landscaping. Interior landscaping shall be provided, as follows:

(a)

Interior parking bays that contain ten (10) or more contiguous parking stalls shall be bordered on both sides by a landscape island.

(b)

Landscape islands or peninsulas with tree plantings shall be at least nine (9) feet wide measured face to face of curb and have a minimum of one hundred fifty (150) square feet of pervious area per each tree.

(c)

Landscape islands or peninsulas without tree plantings shall be at least six (6) feet wide measured face to face of curb.

(d)

Landscape islands or peninsulas serving as an end cap to a parking bay shall be at least nine (9) feet wide measured face to face of curb and contain a tree planting.

(3)

Parking/VUA Tree Requirements. Tree plantings shall be incorporated to provide shade on vehicular use areas, as follows:

(a)

No parking stall shall be more than fifty (50) feet away from a 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.

(b)

Trees used for planting requirements in parking/vehicular use areas shall be selected from Group B or Group C from the master species list, or a City-approved alternate.

(c)

Where conflicts with overhead or underground utilities exist, an exemption may be provided with review and approval by the City.

(4)

The diagram shown in Figure 28 illustrates landscape and tree planting requirements for parking/vehicular use areas. The diagram is shown for illustration purposes only.

Landscape Typical Concepts - Commercial Corridors.

(1)

Figures 29 through 32 on the following pages show four (4) typical concepts for the design of landscaping along the right-of-way of Ellisville's Manchester Road and Clarkson Road commercial corridors. These typical concepts were produced to complement the proposed landscape designs of the Route 100 Great Streets Project. The drawings provide different concepts for the layout of various landscape plant types. The master landscape species list should be used for the selection of the various plant types.

(2)

The typical concepts show landscaping at intersections or business entries, but the design concepts can be used for mid-block plantings as well. The following should also be considered when designing and installing landscape along commercial corridors within the City:

(a)

Landscape plants located in the sight distance triangle adjacent to intersection must be kept under three (3) feet in height.

(b)

Larger shrubs (greater than three (3) feet) may only be used where no sight conflicts at intersections, entries, paths of travel, and or blocking of businesses will occur. Larger shrubs may be used to screen utilities or other areas where sight conflicts are not an issue.

(c)

Mix deciduous plants with evergreen plants, spring with fall blooming plants to help create year-round interest.

(d)

Landscape beds will include automatic irrigation systems.

(3)

Figures 33 through 38 on the following pages show Concept Street Tree Master Plans that have been prepared to guide street tree plantings along Manchester Road (Route 100) Corridor. These plans should be utilized as a guide for new plantings along Manchester Road in addition to the street tree planting guidelines provide herein.

Figure 33: Concept Street Tree Master Plan Route 100 - Sheet 1

Figure 34: Concept Street Tree Master Plan Route 100 - Sheet 2

Figure 35: Concept Street Tree Master Plan Route 100 - Sheet 3

Figure 36: Concept Street Tree Master Plan Route 100 - Sheet 4

Figure 37: Concept Street Tree Master Plan Route 100 - Sheet 5

Figure 38: Concept Street Tree Master Plan Route 100 - Sheet 6

Stormwater Best Management Practice (BMP) Landscape.

(1)

The incorporation of stormwater BMPs (i.e., bioswales, rain gardens, detention basins, etc.) is encouraged within new developments and to be retrofitted on existing property.

(2)

When stormwater BMPs are installed, they shall be:

(a)

Vegetated primarily with forbs and grass and species that have a native distribution in Missouri as determined by the United States Department of Agriculture Natural Resources Conservation Service.

(b)

Contain a minimum of five (5) pollinator species as noted in the Pollinator Species List shown in Figure 39. A minimum of twenty-five percent (25%) of the total BMP planting area shall consist of plant species noted for providing pollinator feeding sources and/or habitat.

(3)

Stormwater BMPs required by an agency or authority other than the City of Ellisville (i.e., Metropolitan Sewer District) shall be designed, permitted, and installed as required by the governing agency or authority.

Plant Lists Ad Species Selection.

Master Tree Species List - Acceptable Species. The following contains a series of tables shown in Figure 40 identifying acceptable tree species. The master tree species list has divided species into three (3) groups based upon the habit and expected average mature size of the trees, compact trees (Group A), medium trees (Group B) and large trees (Group C). The following criterion was used for the selection of acceptable street tree species:

(1)

Appropriate mature size and growth habit.

(2)

Ornamental characteristics (flowering, fall color, etc.).

(3)

Hardiness and resistance to disease/pests.

(4)

Adaptability to various soil types.

(5)

Tolerant of urban conditions (air pollution, salt tolerance, tolerant of poor soil).

(6)

Drought tolerance.

(7)

Strong branching habit and growth structure.

(8)

Minimal tree litter.

Master Tree Species List - Unacceptable Species. The following contains a table shown in Figure 41 identifying unacceptable tree species. Planting of a tree(s) listed in the unacceptable species list is prohibited from on public right-of-way. The unacceptable tree species are not recommended for use for the following reasons:

(1)

Prone to damage from disease, insect pests, and nutrient deficiencies.

(2)

Produces excessive amounts of messy fruit, and or produces excessive amounts of tree litter (fallen branches, large leaves, shedded bark, etc.).

(3)

Weak branching habit and poor growth structure.

(4)

Surface roots, leading to issues with adjacent pavements.

(5)

Species has been shown to be invasive.

(6)

Intolerant of urban planting conditions.

(7)

Requires high levels of maintenance.

Master Landscape Species List. The following pages contain a series of tables identifying acceptable landscape planting species encouraged although not required for use. The master landscape species list has divided desirable species into groups based upon their growth habits and plant type. The groups include deciduous shrubs, evergreen shrubs, ornamental grasses, and herbaceous perennials.

(1)

The following criterion was used for the selection of acceptable landscape species:

(a)

Appropriate mature size and growth habit (low profile desired).

(b)

Ornamental characteristics (flowering, call color, etc.).

(c)

Hardiness and resistance to disease/pests.

(d)

Adaptability to different soil types.

(e)

Tolerant of urban conditions (air pollution, salt tolerance, tolerant of poor soil).

(f)

Drought tolerance.

(g)

Diversity of preferred environmental conditions (wet, dry, sun, shade, etc.).

(h)

Low maintenance.

(i)

Non-invasive.

(2)

The tables shown in Figure 42 display plant species acceptable for planting, but do not represent all species and plant varieties suitable for planting. If other species are desired, ensure that the plant selection follows the same criterion noted in this Subsection. The City will evaluate the acceptability of other species.

(3)

Use of shrub, grasses, and ground cover plantings listed as invasive species by the Missouri Department of Conservation is prohibited.

Installation And Maintenance Standards For Tree And Landscape Plantings.

Installation Standards. Proper installation procedures are critical for the success of tree and landscape plantings. Use the following minimum requirements for planting installation:

(1)

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.

(2)

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. Below are the required minimum sizes for various plant categories:

(a)

Ornamental tree plantings shall be at least two (2) inches to two and five-tenths (2.5) inches caliper.

(b)

Canopy tree plantings shall be two and five-tenths (2.5) inches caliper or greater.

(c)

Evergreen tree plantings shall be at least six (6) feet height.

(d)

Deciduous and evergreen shrub plantings shall be a five (5) gallon container, or larger.

(e)

Perennial and mass ornamental grass plantings will be at least a one (1) gallon container.

(f)

Native plug plantings may be used as part of required landscape, with approval from the City.

(3)

Planting Seasons. Recommended planting time for perennials is early spring (early April). Trees and shrubs should be planted in late fall (early November) or in early spring (late March to April).

(4)

Planting Soil. It is encouraged to test planting area soils by a qualified soils laboratory. Add fertilizer and compost as recommended to achieve the correct rates of nitrogen, phosphorous, and potassium and organic matter as determined by results of soil tests. If soil testing is not performed the following should be used as a minimum standard for planting soil:

(a)

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.

(b)

Soil backfill will be amended with organic compost to a mixture of four (4) parts backfill soil and one (1) part clean organic compost.

(c)

Organic compost will be well-composted, stable, and weed-free, ground organic matter, with a pH range of 5.5 to 8 and moisture content thirty-five percent (35%) to fifty-five percent (55%) by weight [forty percent (40%) to fifty percent (50%) preferred].

(5)

Mulching. Mulch plantings as shown in planting details (Figures 33 to 35).

(6)

Additional Notes.

(a)

Newly planted trees of certain species can be susceptible to sunscald and mechanical injury. Trunks of susceptible species should be wrapped with a light-colored tree wrap to prevent sunscald.

(b)

Newly planted trees shall be staked and guyed for support as needed to prevent tree movement.

(c)

See Appendix A[2] for typical details and additional notes for trees, shrubs, and perennials planting requirements.

[2]

Editor's Note: Appendix A is included as an attachment to this Chapter.

Maintenance Standards. All required tree and 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 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. Landscaping is encouraged to be designed to have minimal maintenance. This can be achieved through appropriate selection of planting material. Native plantings should be considered for use where possible since these are most adapted to the local conditions and will generally require the least amount of maintenance. It is encouraged that property owners utilize the maintenance guidelines provided in Appendix B[3] for guidance on appropriate tree and landscape maintenance.

[3]

Editor's Note: Appendix B is included as an attachment to this Chapter.

Variances.

Any tree preservation plan, landscape plan, tree removal request submitted to and disapproved by the City Manager because it does not meet the requirements stated herein may be appealed and a variance request may be made within thirty (30) days of the receipt of a notice of denial.

Appeals and requests for variance shall be sent to the City Planner specifying the grounds for appeal. The City Planner shall transmit the appeal and variance request to the City Council.

The City Council will review the appeal and provide decision on the variance request.

Severability.

Should any section or provision of this Section be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Section as a whole or any part thereof other than the part held to be invalid.

[1]

Editor's Note: Ord. No. 3376 also renumbered former Section 400.460 to Section 400.485.

Section 400.490 Parking and Loading Requirements.

[R.O. 2005 §30-70; CC 1997 §30-70; Ord. No. 1863 §3, 11-3-1993; Ord. No. 1927 §§7—9, 8-17-1994; Ord. No. 2073 §2, 6-5-1996; Ord. No. 3086 §1, 9-19-2012]

General Requirements.

There shall be provided, at the time any building is erected or structurally altered, off-street parking and loading space in accordance with the requirements set forth in this Chapter. In the event an existing building is to be altered or expanded, additional off-street parking and loading spaces required of this Chapter shall not exceed those required for the expansion alone.

Parking requirements for uses not specifically listed shall be the same as required for a similar use. When fractional spaces result, the spaces required are the next whole number. Whenever an existing building is changed as to use, the spaces provided shall comply with these full parking requirements set forth herein.

All parking stalls, loading spaces or internal drives, excepting points of ingress and egress and shared parking, shall not be located within the side or rear yard setbacks as required by the zoning district in which said parking is to occur.

Within the town center, as identified within the Great Streets Master Plan, parking shall be located behind the front building line.

For all commercial, institutional and multi-family uses along the Manchester, Clarkson and Clayton corridors, cross access to abutting properties fronting along an aforementioned corridor will be required. In the case of unusual, unique and/or preexisting conditions the City Council may grant a waiver or modify the requirement.

[Ord. No. 3402, 12-19-2018]

For non-residential (commercial, industrial, institutional) uses, each entrance and exit to a parking lot shall be completely surfaced and shall be constructed and maintained so that any vehicle entering or leaving the parking lot shall be clearly visible at a distance of not less than ten (10) feet to a person approaching such entrance or exit on any pedestrian walk or footpath. Exits from parking lots shall be clearly posted with "STOP" signs. Appropriate bumper guards, entrance and exit signs and directional signs shall be maintained where needed. Entrances or exits shall not exceed more than twenty-five (25) feet in width without City approval.

For residential uses, each entrance and exit to a parking lot shall be completely surfaced and shall be constructed and maintained so that any vehicle entering or leaving the parking lot shall be clearly visible at a distance of not less than ten (10) feet to a person approaching such entrance or exit on any pedestrian walk or footpath. Exits from parking lots shall be clearly posted with "STOP" signs. Appropriate bumper guards, entrance and exit signs and directional signs shall be maintained where needed. Single lane entrances or exits shall not exceed fourteen (14) feet in width and a combined entrance and exit shall not exceed twenty-five (25) feet in width without City approval.

Ingress and egress shall be provided from a side street where available, unless otherwise required by the City. Ingress and egress from a residential or other lesser class of street, shall require that both sides of the portion of the entire street which abuts the entire subject property frontage is improved City street standards, to and including the point of intersection or convergence with the major street, including right-of-way dedication, pavement, curbs and gutters, sidewalks, landscaping, etc., as required by the Council.

All parking setbacks on the plan shall be landscaped and/or screened. Such landscaping or screening shall include, but not be limited to, plant materials, berms or sight-proof fencing or a combination thereof.

10.

On-street parking on non-residential portion of side or back streets will count towards minimum parking requirements.

11.

All of the minimum parking spaces required by this Article shall be located on the same parcel of land as the use to be served, except as approved pursuant to the issuance of a conditional use permit within the "C-1" Open Space Commercial Zoning District or as may be approved by the City under the shared parking provisions.

12.

Parking spaces used for display purposes (i.e., parking spaces utilized at a new or used automobile sales agency for display of motor vehicles) are excluded for purposes of parking space requirement calculations and as such may not be counted toward satisfying the number of parking spaces required by this Chapter to serve a particular facility or portion thereof.

13.

Any required parking space may be occupied by/converted to an electric vehicle charging station and remain deemed a parking pace for purposes of. satisfying minimum parking requirements.

[Ord. No. 3476, 4-21-2021]

Bicycle Parking Requirements. Upon construction or change in ownership, all commercial, industrial, institutional and multi-family residential uses shall provide commercial duty bicycle rack(s) in accordance with the following, unless otherwise approved by the City:

	Schools	10% of the number of students, plus 3% of the number of employees
	Commercial, Office, Institutional Uses	10% of the number of parking spaces
	Industrial Uses	4% of the number of parking spaces
	Multi-Family Residential Uses	1 space per 4 units

The "inverted U" type bike is the required bicycle parking rack and shall be fabricated and installed in accordance with standards on file with the City.

Parking Area Surface Requirements And Dimensions.

The use of pervious pavement is strongly encouraged. Whenever pervious pavement is not possible, all parking areas in residential districts shall be surfaced with a minimum of six (6) inches of crushed stone or equivalent as a base and two (2) inches of roller compacted bituminous surface treatment or other construction of a higher type and adequate drainage as required by the City of Ellisville.

The use of pervious pavement is strongly encouraged. Whenever pervious pavement is not possible, all parking areas in commercial and industrial zoning districts shall be surfaced with a minimum of eight (8) inches of crushed stone or equivalent as a base and three (3) inches of roller compacted bituminous surface treatment or other construction of a higher type and adequate drainage as required by the City of Ellisville.

Parking spaces shall have minimum dimensions pursuant to the following table:

A	B	C	D	E	F	G
45°	9.0'	19.7'	12.5'	12.7'	51.9'	45.6'
60°	9.0'	21.0'	17.5'	10.5'	59.5'	55.0'
90°	9.0'	19.0'	22.0'*	9.0'	60.0'	N/A
0°	8.0'	22.0'	N/A	N/A	N/A	N/A

	A = Parking angle	E = Curb length per car
	B = Stall width	F = Curb to curb
	C = 19' minimum stall to curb	G = Center to center width of double row with aisle between
	D = Aisle width**
	*Up to three (3) feet additional width will be required for retail businesses.
	**Additional width may be required where the aisle serves as the principal means of access to on-site buildings or structures.

In parking structures, one-half (½) of the area occupied by supporting columns may be included in determining the width and area of each adjacent parking space and the minimum height of such space shall be seven (7) feet.

Disabled Parking Requirements.

The City Planner may require a specific number of handicapped parking spaces to be sized and located to allow safe, accessible vehicle parking for the physically handicapped.

Disabled parking spaces shall be twelve (12) feet in width and twenty (20) feet in depth and marked with the international symbol for disabled parking spaces.

A disabled parking space shall be situated preferentially within the general parking area. Additionally, it shall be in a location which affords maximum safety and minimum exposure or risk to the disabled individual in traversing the path from his/her vehicle to the store or other facility which is his/her public destination.

The parking space shall be designated as reserved for the disabled by a painted symbol on the paved area and shall be further designated as such with signage at a point four (4) feet above the paved surface so as to be clearly visible to the driver of any vehicle attempting to park in the space provided.

Minimum Parking, Shared Parking And Loading Requirements. Minimum parking and loading requirements for a development shall be in accordance with the following table:

USE	MINIMUM AND MAXIMUM PARKING	MINIMUM LOADING
General retail	Minimum of 3.5 spaces per 1,000 square feet gross floor area and a maximum of 4.2 spaces per 1,000 square feet gross floor area	See Table B
Discount store	Minimum of 3.5 spaces per 1,000 square feet gross floor area and a maximum of 4.2 spaces per 1,000 square feet gross floor area	See Table B
Grocery store	Minimum of 3.5 spaces per 1,000 square feet gross floor area and a maximum of 4.5 spaces per 1,000 square feet gross floor area	See Table A
Home improvement store	Minimum of 3.0 spaces per 1,000 square feet gross floor area and a maximum of 3.5 spaces per 1,000 square feet gross floor area	See Table B
Sit-down restaurant	Minimum of 14.0 spaces per 1,000 square feet gross floor area and a maximum of 20.0 spaces per 1,000 square feet gross floor area	None
Fast-food restaurant	Minimum of 11.0 spaces per 1,000 square feet gross floor area and a maximum of 16.0 spaces per 1,000 square feet gross floor area	None
General office	Minimum of 3.0 spaces per 1,000 square feet gross floor area and a maximum of 3.4 spaces per 1,000 square feet gross floor area	See Table B
Medical office	Minimum of 3.5 spaces per 1,000 square feet gross floor area and a maximum of 4.0 spaces per 1,000 square feet gross floor area	See Table B
Bowling alley	Minimum of 4.0 spaces per bowling lane and a maximum of 5.0 spaces per bowling lane	None
Gas station w/convenience market	Minimum of 3.5 spaces per 1,000 square feet gross floor area and a maximum of 4.5 spaces per 1,000 square feet gross floor area	None
Gas station	Minimum of 1.0 space per employee on max shift	None
Movie theater	Minimum of 1.0 parking space per 4 seats (0.25 parking spaces per seat)
Nursing home	Minimum of 0.40 parking spaces per bed (or 1.0 space per 2.5 beds)	See Table B
Congregate care facility	Minimum of 0.40 parking spaces per bed (or 1.0 space per 2.5 beds)	See Table B
Assisted living facility	Minimum of 0.50 parking spaces per bed (or 1.0 space per 2 beds)	See Table B
Continuing care retirement facility (CCRC)	Minimum of 0.50 parking spaces per bed (or 1.0 space per 2 beds)	See Table B
Multi-family residential	Minimum of 1.50 parking spaces per 1 or 2 bedrooms units and 2.0 parking spaces per 3 bedroom plus units	None
Research laboratories and facilities	Minimum of 3.33 spaces per 1,000 square feet gross floor area	See Table B
Veterinary clinics and hospitals	Minimum of 4.0 spaces per doctor plus 1.0 space per additional employee	None
Community centers and private, not-for-profit recreation centers including gymnasiums and indoor swimming pools	Minimum of 3.33 spaces per 1,000 square feet gross floor area	None
Gymnasium without fixed seating or spectator facilities (except as noted herein)	Minimum of 1.0 space per 50 square feet gross floor area	None
Handball, racquetball courts	Minimum of 3.0 spaces per court	None
Swimming pools	Minimum of 2.0 spaces per 100 square feet of water area	None
Tennis courts	Minimum of 4.0 spaces per court	None
Manufacturing and fabrication	Minimum of 2.0 spaces per 3 employees on the maximum shift plus 1.0 space per vehicle customarily used in operation of the use or stored on the premises	See Table A
Warehousing, wholesaling	Minimum of 2.0 spaces per 3 employees on the maximum shift plus 1.0 space per vehicle customarily used in operation of the use or stored on the premises	See Table A
Fire stations	Minimum of 1.0 space per employee on the maximum shift	None
Hospitals	Minimum of 1.0 space per 2 beds plus 1.0 space per staff doctor and employee on the maximum shift	See Table B
Police stations	Minimum of 2.0 spaces per 3 employees on the maximum shift plus 1.0 space per vehicle customarily used in operations of the use or stored on the premises	None
Postal stations	Minimum of 2.0 spaces per 3 employees on the maximum shift plus 1.0 space per vehicle customarily used in operations of the use or stored on the premises	See Table A
Child care centers, day nurseries	Minimum of 2.0 spaces plus 1.0 space per employee on the maximum shift; a paved unobstructed pickup space with adequate stacking area (as determined by the City Planner) shall be provided in addition to standard driveway and parking requirements	None
Radio, T.V. and other communications facilities	Minimum of 2.0 spaces per 3 employees on the maximum shift plus 1.0 space per vehicle customarily used in operation of the use or stored on the premises	None
Hotel, motels	Minimum of 1.0 space per sleeping unit, 2.0 spaces per 3 employees on the maximum shift plus 1.0 space per vehicle customarily used in operation of the use or stored on the premises	None
Ice and roller rinks, indoor soccer facilities	Minimum of 1.0 space per 100 square feet of skating area or playing surface	None

Shared Parking Requirements. The following standards shall apply to shared parking facilities and be subject to City approval:

Shared use of parking facilities.

Parking areas share a property line or the properties are within one thousand (1,000) feet of each other; and

A convenient, visible pedestrian connection exists between the lots; and

A vehicular connection exists between the lots; and

The availability of parking for all affected properties is indicated by directional signs in compliance with the Sign Code.

Number of parking spaces required.

Where the uses to be served by shared parking do not have overlapping hours of operation, the property owner or owners shall provide parking stalls equal to the greater of the applicable individual parking requirements.

Where uses to be served by shared parking have overlapping hours of operation, the property owner or owners shall provide parking stalls equal to the total of the individual parking requirements, and then a reduction of up to thirty percent (30%) may be applied. The City may require a parking study to substantiate a reduction.

Documentation required.

Prior to establishing a shared use of parking, the property owner or owners shall file and record with the County a written agreement approved by the City for shared parking use.

The agreement shall be recorded on the title of each affected property.

Loading Space Requirements. Loading space requirements may be diminished or waived by the Council or City Planner.

	TABLE A
	Gross Floor Area (Square Feet)	Minimum Number of Loading Spaces (10 feet by 40 feet)
	5,000—24,000	1
	24,001—60,000	2
	60,001—96,000	3
	96,001—144,000	4
	144,001—192,000	5
	192,001—240,000	6
	240,001—294,000	7
	294,001—348,000	8
	For each additional 54,000	1 additional loading space

TABLE B
Gross Floor Area (Square Feet)	Minimum Number of Loading Spaces
Gross Floor Area (Square Feet)	(10 feet by 25)		(10 feet by 40)
2,000—10,000	1	+	0
10,001—25,000	2	+	0
25,001—100,000	2	+	1

Parking Variances.

The number of required parking spaces may be downwardly or upwardly adjusted as approved by the Council, provided that the petitioner presents a site specific traffic and use study to substantiate the proposed reduction or increase in the number of parking spaces.

The Council may also approve the deferred installation of parking spaces, provided that the subject area(s) remain as grass and/or landscaped areas and are converted to normal hard surface parking space utilization if or when vehicular volume warrants such conversion.

Pedestrian Connectivity Requirements.

General. Providing pedestrian access from buildings to abutting rights-of-way, walkways and other uses on the subject property, and connections between properties help meet the objectives of non-motorized transportation policies. Installing pedestrian connections and other pedestrian improvements with new development reduces the reliance on vehicles, reduces traffic congestion and promotes non-motorized travel options and provides health benefits.

Pedestrian access—location. All new development, except detached single-family and duplex uses, shall comply with the following pedestrian access requirements.

From buildings to sidewalks and transit facilities. Provide pedestrian walkways designed to minimize walking distance from the primary entrances to all buildings to the abutting right-of-way, pedestrian walkway and transit facilities pursuant to the applicable standard in Subsection (I)(3) of this Section.

Between uses on subject property. Provide pedestrian walkways between the primary entrances to all businesses, uses, and/or buildings on the subject property pursuant to the applicable standard in Subsection (I)(3) of this Section.

Along building facades. A pedestrian walkway shall be provided along the entire facade of all building facades containing a point of ingress or egress to the building.

Between properties. Provide pedestrian walkways connecting to adjacent properties pursuant to the applicable standards in Subsection (I)(3) of this Section. The location for the access points at property edges and to adjacent lots shall be coordinated with existing and planned development to provide convenient pedestrian links between developments. Where there are topographic changes in elevation between properties, stairs or ramps shall be provided to make the pedestrian connection.

Through parking areas. All parking lots which contain more than twenty-five (25) stalls must include pedestrian walkways through the parking lot to the main building entrance or a central location. The walkways must meet the development standards pursuant to Subsection (I)(3) of this Section.

Through parking garages. Provide marked pedestrian routes through parking garages from the parking area to the abutting public right-of-way and to the pedestrian entrance of the building. Install walkways pursuant to standards in Subsection (I)(3) of this Section.

Pedestrian access—required improvements.

Pedestrian walkway standards—general. The applicant shall install pedestrian walkways pursuant to the following standards:

(1)

Must be at least six (6) feet wide;

(2)

Must be distinguishable from traffic lanes by painted markings, pavement material, texture, or raised in elevation, as required by the City;

(3)

Will not be included with other impervious surfaces for lot coverage calculations;

(4)

Must be centrally located on the subject property;

(5)

Must be accessible;

(6)

Barriers which limit future pedestrian access between the subject property and adjacent properties are not permitted;

(7)

Easements to provide rights of access between adjacent properties shall be recorded prior to occupancy.

Overhead weather protection—location. The applicant shall provide pedestrian overhead weather protection in the following locations:

(1)

Along any portion of the building which is adjacent to a pedestrian walkway or sidewalk;

(2)

Over the primary exterior entrance to all buildings including residential units.

Overhead weather protection—configuration. The overhead weather protection may be composed of awnings, marquees, canopies, building overhangs, covered porches, recessed entries or other similar features. The overhead weather protection must cover at least six (6) feet of the width of the adjacent walkway and must be at least eight (8) feet above the ground immediately below it.

The Architectural Review Board will review and approve the color, material and configuration of all overhead weather protection and the material and configuration of all pedestrian walkways.

Pedestrian walkways through parking areas and parking garage standards. The applicant shall install pedestrian walkways through parking areas and parking garages pursuant to the following standards.

(1)

Must be installed pursuant to the standards described in Subsection (I)(3)(a) of this Section;

(2)

Walkway shall not use vehicle entrance or exit driveways from the parking area to a public right-of-way;

(3)

Must connect from the parking spaces to the pedestrian entrance of the building served by the parking;

(4)

All parking lots that contain more than twenty-five thousand (25,000) square feet of paved area, including access lanes and driveways, must include clearly identified pedestrian routes from the parking stalls to the main building entrance or central location (see Figure). At a minimum, walkways must be provided for every three (3) driving aisles or at a distance of not more than one hundred fifty (150) foot intervals, whichever is less, and meet the standards of Subsection (I)(3)(a) of this Section.

Section 400.491 Storm and Waste Water Facilities.

[R.O. 2005 §30-71; CC 1997 §30-71; Ord. No. 3376, 5-16-2018[1]]

The developments shall be governed in all respects by storm and waste water provisions as set forth by current Metropolitan Sewer District (MSD), Missouri State Highway Department (MSHD) and Environmental Protection Agency (EPA) regulations and Chapter 405 of the Municipal Code of the City of Ellisville.

Where an approved sanitary sewer system is not within a reasonably accessible location to the development, alternate provisions shall be made and submitted to provide adequate sanitary treatment in accordance with State of Missouri regulations and St. Louis County and Ellisville Departments of Public Works.

[1]

Editor's Note: Ord. No. 3376 also renumbered former Section 400.340 to Section 400.491.

Section 400.492 Outdoor Lighting Requirements.

[R.O. 2005 §30-72; CC 1997 §30-72; Ord. No. 3351 § 1, 10-18-2017; Ord. No. 3376, 5-16-2018;[1] Ord. No. 3536, 11-16-2022]

Purpose. The City of Ellisville recognizes that some public areas need to be illuminated at night and that residents and businesses have the right to illuminate their properties for safety and commerce. Conversely, the City also recognizes that artificial light at night impacts conservation and health. All property owners, residents and businesses, have a right to experience the night. These regulations are intended to:

Protect the public health, safety, and general welfare;

Enable the fair and consistent enforcement of these regulations;

Control light spillover and glare to reduce the degradation of the sky from light pollution;

Encourage lighting systems which conserve energy and costs;

Preserve community character; and

Provide for nighttime safety, utility, security, and productivity.

Applicability.

Except as expressly provided herein, the requirements of this Section shall not apply to the following:

Holiday lights from November 15 to January 15, except that flashing holiday lights are prohibited. Holiday lights may be illuminated one (1) additional seven (7) day period per calendar year;

Swimming pools (limited to the interior of pool basins); and

Sidewalk luminaires and residential streetlights which are subject to Section 400.493.

The requirements of this Section shall apply to the following:

New construction in connection with all uses and structures not exempted from the requirements of this Section in Subsection (A)(1), except as provided elsewhere in this Code.

Lighting replacement in connection with all uses and structures not exempted from the requirements of this Section in Subsection (A)(1), except as provided elsewhere in this Code.

Definitions. Listed below are certain words and phrases cited in this Section and Section 400.493 with their intended meanings.

COLOR TEMPERATURE ("CCT")

The color appearance of a white LED. CCT is defined in degrees Kelvin; a warm light is around two thousand seven hundred (2,700) K, moving to neutral white at around four thousand (4,000) K, and to cool white at five thousand (5,000) K or more.

FIXTURE

The assembly that houses the lamp or lamps and can include all or some of the following parts: a housing, a mounting bracket or pole assembly, a lamp holder, a ballast, a reflector or mirror and/or a refractor or lens.

FOOTCANDLE

A measure of light falling on a surface. One (1) footcandle is equal to the amount of light generated by one (1) candle shining on a one-square-foot surface located one (1) foot away.

FULLY-SHIELDED

An outdoor fixture constructed in such a manner that it emits no light above the horizontal plane of the fixture.

GLARE

The effect produced by a light source within the visual field that is sufficiently brighter than the level to which the eyes are adapted, to cause annoyance, discomfort, or loss of visual performance and ability.

INSTALLED

The attachment or assembly fixed in place, whether or not connected to a power source, of any outdoor light fixture.

LAMP/LIGHT SOURCE

The component of luminaire that produces the actual light, commonly known as the "bulb" or "light bulb."

LUMEN

A unit measuring the amount of light emitted from a light source. One (1) footcandle is one (1) lumen per square foot.

LUMINAIRE

A complete lighting system and includes a lamp or lamps and a fixture.

OUTDOOR LIGHT FIXTURE

Outdoor electrically powered illuminating devices, outdoor lighting or reflective surface lamps and similar devices, permanently installed or portable, used for illumination of the following:

Buildings and structures; and

Recreational areas and facilities; and

Parking lots; and

Building overhangs and open canopies; and

Sidewalks, street corners, and intersections.

SHIELDING

A light fixture controlled in such a manner that a direct view of the lamp/light source from an adjacent property is prevented.

General Requirements.

Outdoor lighting shall be required for safety and personal security in areas of pedestrian assembly and sidewalks, and vehicular parking and drive aisles and in association with all uses where activity occurs outdoors during hours of darkness.

For all applicable uses and structures, such lighting shall be so arranged and/or fully shielded as to eliminate the intrusion of light or glare onto adjoining residential property and streets.

For commercial or industrial uses, such lighting shall provide a minimum of one-half (0.5) footcandle of lighting and a maximum average of three (3) footcandles of lighting at all places of pedestrian assembly and sidewalks, and vehicular parking and drive aisles.

For multifamily residential and institutional uses, such lighting shall provide a minimum of one-fifth (0.2) footcandle of lighting and a maximum average of one and one-half (1.5) footcandles of lighting at all places of pedestrian assembly and sidewalks, and vehicular parking and drive aisles.

Exception: Outdoor lighting shall not be required for events enhanced by darkness or dark skies.

All outdoor light fixtures/lamps/bulbs installed or hereafter replaced shall comply with the following:

Light fixtures must be fully shielded.

Light fixtures must be aimed directly downward [e.g., ninety degrees (90°) perpendicular] to the ground.

(1)

Exception: Decorative uplighting is allowed to be aimed at a vertical surface so long as it shielded in such a way that the light does not leak above the height of the surface or the overhang of the soffit.

Lamps may not exceed a CCT of two thousand seven hundred (2,700) K.

Lamps must be completely recessed so that the lamp is not visible.

No light shall be emitted above ninety degrees (90°) from the lamp.

(1)

Exceptions.

(a)

Light from decorative uplighting mounted to a wall may be emitted above ninety degrees (90°) from the lamp. However, such lighting may not exceed a CCT of two thousand seven hundred (2,700) K.

(b)

Uplighting for flagpoles.

Illumination at the ground level of the property line of subject property shall be zero (0) footcandles.

Every reasonable effort shall be made (through placement and lighting control devices) to minimize the visibility of any lamp that is required to be fully shielded.

Fixtures (building and parking) lighting the exterior area of non-residential property shall be turned off within one (1) hour after closing of business. Only security lighting may be used following one (1) hour after closing of business. Security lighting must be reduced to twenty-five percent (25%) or less of the normal lumen output. Motion sensor activation may be allowed to cause the light to resume normal lumen output only when activated and to be reduced back to twenty-five percent (25%) or less of normal lumen output within five (5) minutes after activation has ceased, and the light shall not be triggered by activity off the property.

Light standards are limited to twenty (20) feet, measured from the ground to the highest point of the standard.

Total outdoor light output, including proposed and existing street lights, pedestrian lights, building lights, landscape lights, and any other lighting and signage lighting, shall not exceed five footcandles (5 fc). The applicant must submit sufficient information to enable the Director of Planning to determine compliance.

Conformance With Applicable Codes.

All outdoor electrically powered illuminating devices shall be installed in conformance with all other applicable provisions of this Code and under appropriate permit and inspection.

Whenever the regulations of this Section are applicable, the applicant must submit sufficient information to enable the Director of Planning to determine whether the proposed and/or existing lighting scheme will comply with this Code. Such information may include, but is not limited to, the following:

A layout of proposed luminaire and outdoor fixture locations;

Aiming angles for the fixtures and shielding/shielding mechanisms;

A description of proposed luminaires and outdoor lighting fixtures and associated equipment (catalog cuts);

A description of glare control devices, shielding/shielding mechanisms;

A description of proposed lamps;

Overall and mounting heights and means of assembly/mounting;

Location and use of adjacent properties;

An illumination (footcandle) grid demonstrating adequate intensities and uniformity;

For commercial and institutional uses:

(1)

Hours of business operation; and

(2)

The maximum footcandle average for all places of pedestrian assembly, sidewalks, and vehicular parking and drive aisles.

Additional submissions may be required showing greater detail of areas that may require further clarification.

Where there is a conflict between the provisions of this Code and other regulations of the zoning ordinance, the most restrictive requirement shall govern.

Tracking, Monitoring, And Enforcement.

All lighting installations must comply with this Code and comply with the approved plans.

For all commercial, institutional and multi-family residential uses, as-built plans and inspections verifying compliance with the Code and approved plans will be required.

For all single-family and two-family residential uses, Code compliance and/or permit compliance will be addressed on a complaint basis, provided that the City's Code Enforcement Officers/Law Enforcement Officers retain authority to issue a notice of violation for any provision of this Section or Section 400.493. Each notice of violation issued for violation of any provision of this Section or Section 400.493 shall state that the person receiving the notice may, within fifteen (15) days of receiving such notice, appeal the determination that his/her property is in violation of this Section or Section 400.493 to the City Manager. If no request for an appeal has been received by the City after fifteen (15) days of the notice being issued, and the violation has not been abated, the matter may be referred to the City's Prosecutor for prosecution in the City's Municipal Division, or any other enforcement action.

Upon receipt of an appeal, the City Manager or designee shall make a final determination regarding compliance of any outdoor light fixture/lamps/bulbs within fifteen (15) days of receiving such complaint. Any final determination of the City Manager or designee shall be subject to review as provided herein.

Any person aggrieved by a final determination of the City Manager or designee may appeal, in writing, to the City Council within five (5) business days of the final determination. The appeal shall assert specific grounds for review and the City Council shall render a decision on the appeal within fifteen (15) business days of receipt affirming, reversing or modifying the determination of the City Manager or his/her designee. The City Council may extend this time period for the purpose of any investigation or hearing deemed necessary by the Council. A decision affirming the City Manager's or designee's determination shall be in writing and supported by findings establishing the reasonableness of the decision.

Any person aggrieved by the final determination of the City Council may file a petition for review pursuant to Chapter 536, RSMo., as amended, in the Circuit Court of the County of St. Louis. Such petition shall be filed within thirty (30) days after the City Council's decision.

Mediation.

(1)

Request For Mediation. A resident who is concerned that a single-family or two-family residential property is in violation of this Section or Section 400.493 may request, in lieu of formal measurements of lighting, that the complainant, the owner or occupant of the property alleged to be in violation of this Section or Section 400.493, and a Code Enforcement Officer meet at the property to determine if lighting can be modified or redirected to address the alleged violation. Mediation shall be voluntary and no inference shall be drawn from a refusal or failure to respond to a request for mediation. Mediation shall not be available for non-residential property.

(2)

Upon receipt of a request for mediation, the City shall mail a notice to the owner and/or occupant of the property which is the subject of the complaint to provide notice that a complaint has been received and of the request for voluntary mediation. The notice shall direct the owner/occupant to contact the City within fifteen (15) days of receipt of such if they are interested in mediation. If no response is received by the City within that time period, the City may pursue other enforcement options.

(3)

The Code Enforcement Officer shall contact the complainant and the owner/occupant of the property at issue, and shall arrange a mutually agreeable time to meet. At such mediation, the Code Enforcement Officer shall review the lighting arrangements, and make suggestions to redirect, reposition, or modify lighting to address the concerns raised. If the mediation resolves the complainant's concerns, the City may take no further action. If the mediation fails to address the complainants concerns, the City may take readings or measurements of the lighting, and may pursue other enforcement options.

(4)

Nothing herein shall be construed to prevent or inhibit the City from pursuing any legal or equitable means to address a violation of this Section or Section 400.493 of this Code.

Grandfathered Existing Fixtures. All outdoor light fixtures/lamps/bulbs lawfully installed prior to and operable on the effective date of this Section are exempt from all requirements of this Section, unless existing outdoor lighting fixtures are replaced, removed or reinstalled in connection with any use or structure to which this Section is applicable.

Waiver. The Council may waive any of the requirements of this Section.

Nothing herein shall limit or waive the City's ability to pursue an action at law or in equity to seek abatement of violations of this Section.

[1]

Editor's Note: Ord. No. 3376 also renumbered former Section 400.350 to Section 400.492.

Section 400.493 Sidewalk And Street Lighting Requirements.

[Ord. No. 3351 § 1, 10-18-2017; Ord. No. 3376, 5-16-2018;[1] Ord. No. 3536, 11-16-2022]

Sidewalk Luminaires.

Every property along Manchester Road and along Clarkson Road shall be required to install sidewalk luminaires, in association with:

New construction;

Use and/or reuse of property which has been vacant for one (1) year or more;

Any addition to existing structure(s);

Exterior facade renovations; and

Exterior site changes.

Exception: A change in use and/or reuse of property within less than one (1) year of vacancy will not trigger the requirement to install sidewalk luminaires.

Sidewalk luminaires shall comply with the City's Sidewalk Luminaire Guidelines available at City Hall. Lamps may not exceed a CCT of two thousand seven hundred (2,700) K.

Residential Streetlights. Upon infill or redevelopment of any property for residential use(s), if no streetlights exist within the general proximity [two hundred (200) feet] of the infill lot's boundaries, a new decorative streetlight(s) will be required. The decorative streetlight(s) shall comply with the City's Residential Street Light Guidelines available at City Hall. Lamps may not exceed a CCT of two thousand seven hundred (2,700) K.

Total outdoor light output, including proposed and existing street lights, pedestrian lights, building lights, landscape lights, and any other lighting and signage lighting shall not exceed five footcandles (5 fc). The applicant must submit sufficient information to enable the Director of Planning to determine compliance.

Waiver. The Council may waive any of the requirements of this Section.

[1]

Editor's Note: Ord. No. 3376 also renumbered former Section 400.351 to Section 400.493.

Section 400.494 Sidewalks.

[R.O. 2005 §30-74; CC 1997 §30-74; Ord. No. 2145 §1, 2-5-1997; Ord. No. 3249 §1, 12-16-2015; Ord. No. 3376, 5-16-2018[1]]

All new construction, expansion or enlarging in any commercial or industrial zoning district or of any commercial, industrial, institutional or multi-family residential use shall include construction of a concrete sidewalk of at least five (5) feet in width and five (5) inches in thickness the entire length of the lot or development along the streets upon which the property or use abuts, with exception of driveways which shall have a minimum of six (6) inches of concrete thickness.

Additionally, all new construction, expansion or enlarging along Manchester Road (Route 100), Clarkson Road (Route 340), Old State Road, Strecker Road, Kiefer Creek Road, Clayton Road and Ridge Road shall require a minimum sidewalk width of five (5) feet or matching the existing adjoining sidewalk width or planned sidewalk width, whichever is the greater. This Section shall supersede Section 405.560, Sidewalks, where applicable.

All new construction, expansion, or enlarging of any development along Manchester Road (Route 100) shall require the removal of the existing inaccessible asphalt paved shoulder, where present, and replacement with suitable soil and vegetation.

Sidewalks shall be maintained in a safe condition for pedestrian traffic at all times.

The City of Ellisville shall be responsible for maintenance of all sidewalks located upon or on City right-of-way adjacent to single-family and two-family residential uses.

The City of Ellisville shall also be responsible for maintenance of all sidewalks located upon City right-of-way adjacent to multi-family residential, nursing home and retirement complex uses.

Maintenance of all other sidewalks shall be the responsibility of the property owner(s) of the property upon which the sidewalk is located, unless the sidewalk is located within a right-of-way, in which case the property owner(s) of the property abutting the right-of-way shall be responsible for maintaining all portions of the sidewalk located within the area between the property owner(s)' property line and the abutting curb line.

Sidewalks shall be installed and maintained as set forth herein, unless, upon petition to the City Council, the Council deems it unreasonable or unsafe to install and/or maintain said sidewalk. In such a case, the Council may direct that a sum equal or commensurate to the cost of installing and/or maintaining a sidewalk at the subject location be paid to the City which shall be placed into a segregated fund of the City to be used for the purposes of sidewalks.

[1]

Editor's Note: Ord. No. 3376 also renumbered former Section 400.370 to Section 400.494.

Section 400.495 Site Improvement Maintenance.

[R.O. 2005 §30-77; CC 1997 §30-77; Ord. No. 3376, 5-16-2018[1]]

The owner (or operator as applicable) shall maintain site improvements set forth in Sections 400.340—400.390 and this Article in a safe condition functioning in the manner in which the improvement was intended.

If the owner (or operator as applicable) fails to maintain serviceability of subject improvements, the City may cause defects to be remedied and all direct and third-party costs associated with said remedy shall be considered a lien on the subject property until such costs are paid to the City.

[1]

Editor's Note: Ord. No. 3376 also renumbered former Section 400.400 to Section 400.495.

Section 400.496 Traffic Impact Considerations.

[R.O. 2005 §30-15; Ord. No. 2098 §2, 7-17-1996; Ord. No. 3376, 5-16-2018[1]]

In General — Purpose. To provide traffic and land use standards that will increase safety, access and the flow of traffic. These standards may be used to judge the feasibility for approval of certain types of development at a specific location and its potential impact to traffic.

Applicability Of Provisions In This Section. The provisions contained in this Section are applicable to new construction of commercial, industrial, institutional and multi-family residential uses and expansion and/or enlargement of existing high trip generator uses.

Traffic And Land Use Standards For All New Construction Of Commercial, Industrial, Institutional And Multi-Family Residential Uses. Applicable uses shall comply with the following standards. When these standards cannot be complied with, an analysis by City's Third Party Traffic Consultant may be required:

Full access driveways located on the same side of the street must be separated by a minimum of one hundred sixty (160) feet, measured from centerline-to-centerline of the driveways.

Full access driveways must be a minimum of one hundred sixty (160) feet from the nearest public street, measured from centerline-to-centerline.

Full access driveways located on opposite sides of the street must line up directly in front of each other.

If full access driveways located on opposite sides of the street cannot line up, then they must be separated by a minimum of two hundred (200) feet, measured from centerline-to-centerline of the driveways, if the left-turn movements into those driveways could potentially conflict with each other.

All proposed drives must conform with the sight distance requirements set forth by the Missouri Department of Transportation (MoDOT) or Saint Louis County Department of Transportation (STLCDOT), as applicable to the impacted route. Sight distance requirements for local roads not governed by MoDOT or STLCDOT (i.e., local roads) should default to the STLCDOT sight distance requirements.

Throat widths for driveways must be a minimum of twenty-four (24) feet and a maximum of forty (40) feet for two-way operation and a minimum of fifteen (15) feet and a maximum of twenty (20) feet for one-way operation. If centered channelizing islands are used in a two-way driveway, clearance widths of one percent (1%) to two (2) feet should be added on both sides of the center island. The radius used to increase the driveway opening at the curb or pavement edge is not less than ten (10) feet nor more than forty (40) feet and should not extend beyond the property line.

Traffic And Land Use Standards For High Trip Generator Uses. In addition to the restrictions listed above for all new construction of commercial, industrial, institutional and multi-family residential uses, a traffic analysis shall be required for all high trip generator uses.

Definitions.

High Trip Generator Use: Any use(s) which generates one hundred (100) or more trips, entering or exiting the site, during any one (1) peak hour, as estimated by the most current version of the Institute of Transportation Engineers Trip Generation Informational Report.

Peak Hours:

(1)

Monday through Friday 7:00 a.m. to 9:00 a.m.

(2)

Monday through Friday 11:00 a.m. to 1:00 p.m.

(3)

Monday through Friday 4:00 p.m. to 6:00 p.m.

(4)

Saturday 11:00 a.m. to 2:00 p.m.

The Institute Of Transportation Engineers Trip Generation Informational Report. A manual which provides trip generation rates for numerous land use and building types for both a daily basis as well as relevant peak hours.

Traffic Analyses Required. The requirement to perform a traffic impact study is based on number of trips generated by the site, type and size of the development, and other development or area characteristics unique to the proposal. Generally, a traffic impact analysis is required when a development generates one hundred (100) trips to the adjacent street network during the peak-hour of the adjacent street traffic. Transportation aspects of site planning, include, but are not limited to, analyses of the impacts of the development, the adequacy of the access drives, and the suitability of the on-site circulation and parking are often cited in consideration of a use. A traffic impact study is typically used as a means of evaluating the various transportation aspects via consideration of not only the estimated site generated traffic but its impacts upon the adjacent road system, the proposed access location(s) and design, interconnection and cross-access with adjacent properties, on-site circulation and parking. A thorough traffic analysis should determine the necessity for both on-site and off-site mitigation.

Analyses Content May Vary. The content of a traffic impact study can vary depending upon the complexity of the proposed development. The level of analyses (letter of opinion, traffic assessment, or full traffic impact study, etc.) shall be determined by the City Planner and the City's Third Party Traffic Consultant. Specifically, not all proposed high trip generator use developments would require a detailed traffic impact study. At times, depending on the type and size of the proposed development, a cursory review and/or letter of opinion is all that is necessary. Other times, a comprehensive analysis and report that includes the detailed study of the development, the area-wide transportation system and other approved or planned developments in the vicinity of the proposed development is required.

Additional Triggers For Traffic Analyses. A traffic impact analysis, the level of which is to be determined by the City, may also be required if:

The proposed use would be located in an area exhibiting roadway congestion and within a designated high-hazard area, as identified in Exhibit 1, below, and/or a high rate of population or employment growth is anticipated.

The proposed use requires rezoning to a higher intensity (i.e., residential to commercial, etc.).

A new traffic signal and/or a roundabout is proposed in conjunction with the proposed development.

If, in the opinion of the City, the proposed development has the potential to create adverse operational or safety impacts on the road network. Including, but not limited to:

Substandard horizontal or vertical sight distances at its proposed access.

A need for a dedicated left or right turn lane(s) in order to accommodate the proposed development's traffic.

Exhibit 1

2017 Designated High Hazard Areas — City of Ellisville

Table 1

2017 High Hazard Crash Rate Analysis — City of Ellisville

The City Council may waive or reduce any of the standards set forth above upon petition. The City Council may, prior to deciding on the request for said waiver or reduction, require additional information, an opinion or traffic analyses. The analyses may include the impact on existing traffic of the waiver of said requirement along with the traffic consultant's recommendations for the mitigation of said impact through the installation of traffic control devices such as turning lanes, shared access drives, traffic signals, and signage.

[1]

Editor's Note: Ord. No. 3376 also renumbered former Section 400.430 as amended to Section 400.496.