[Editor's Note: Former Ch. 420, Tree Preservation and Restoration,
was repealed 6-26-2023 by Ord. No. 2023-13. Prior history includes
Ord. No. 2016-17.]
This Chapter shall be known and may be cited as the "Tree Preservation
and Restoration Ordinance of the City of Overland, Missouri."
The purpose of the Chapter is to set forth regulations for land
alteration relating to development, the preservation and protection
of trees, and the installation and maintenance of landscaping.
The following words, terms and phrases, when used in this Chapter,
shall have the meanings ascribed to them in this Section, except where
the context clearly indicates a different meaning:
A measurement of the size of a tree equal to the diameter
of its trunk measurement at four and one-half (4Â 1/2) feet above
natural grade. If a tree splits into two (2) or more trunks below
four and one-half (4Â 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.
The Chairman of the Commission.
The "Code of Ordinances of the City of Overland."
The Planning and Zoning Commission of the City of Overland,
Missouri.
An area drawn for each tree surveyed which represents the
average root system. The average root system follows the crown drip
line extending from the outer surface of a tree's branch tips
to the ground. CRZs vary depending upon tree species, tree size, soils
and moisture level, but shall always be deemed to incorporate a minimum
distance of ten (10) feet beyond the defined boundary of the tree's
root system.
The Director of the Department of Community Development.
Shall include the intentional or unintentional removal, destruction
or killing of any tree, other than as provided by this Chapter.
A tree in fair or better condition which equals or exceeds
the following diameter sizes: large hardwoods (e.g., oaks, hickories,
etc.) twenty-four (24) inch DBH; large softwoods (e.g., pines, spruces,
etc.) twenty (20) inch DBH; small trees (e.g., dogwood, redbud, etc.)
twelve (12) inch DBH. A tree in fair or better condition is defined
as having a life expectancy of greater than fifteen (15) years, a
relatively sound and solid trunk with no extensive decay, no more
than one (1) major and several minor dead limbs (hardwoods only),
and no major insect or disease problems.
Any grouping of eight (8) or more trees each having eighteen
(18) inches or greater caliper with no tree trunk farther than thirty
(30) feet from any other tree trunk in the group.
A unique grouping of rare or unusual plants justifying preservation
pursuant to any established Federal, State or local guideline, including
those established in the Tree Manual.
The cutting, removal or other disturbance of trees affecting
seven thousand five hundred (7,500) square feet or more of tree canopy
coverage area for the purpose of selling or harvesting such trees
or maintaining the health of a wooded area.
A woody plant that grows mostly upright as a single or multiple
stem that may eventually attain a height of fifteen (15) feet or more.
The area in square feet of a tree's spread.
Existing tree canopy is determined by measuring the ground's
surface area that is covered by the branch spread of a single tree
or clump or grove of trees.
Ultimate tree canopy, to be used where replanting is required,
is determined by assigning the following values for planted trees:
one thousand (1,000) square feet for a large shade tree or major street
tree; seven hundred (700) square feet for each medium street tree
and most conifers and three hundred (300) square feet for small flowering
trees. The Tree Manual contains a list of approved restoration tree
species and their categories.
A document, adopted by this Chapter and on file in the City
offices, having detailed instructions for preparing and evaluating
tree preservation plans, grading, planting and protection of all types
of vegetation. The Commission may make amendments to the specifications,
standards and procedures in the Tree Manual for application of this
Chapter and such amendments shall become effective upon order, resolution
or other approval of the Council.
A site plan prepared by an approved professional that delineates
tree save areas and details measures to be taken to ensure protection
and survivability of trees to be saved, prior to and during construction,
and also complies with guidelines which are listed in the Tree Manual.
A tree preservation plan should include a tree stand delineation.
A detailed description and location of trees and other woody
vegetation on the site prior to any proposed land disturbance, prepared
in map form, as specified in the Tree Manual. The tree stand delineation
is to be prepared using the proposed development plan as a base map
so that decisions can be made with respect to preserving existing
vegetation.
No grading permit, excavation permit, subdivision plat, or subdivision
sketch plan (if a sketch plan is submitted) shall be granted or approved
by the City until a tree preservation plan has been filed with and
approved by the Commission in connection with the proposed land disturbance.
The tree preservation plan shall be included as part of a proposed
grading plan, excavation plan, subdivision preliminary plat, or subdivision
sketch plan (if a sketch plan is submitted) or may be a supplement
to such plan or plat. The tree preservation plan shall ensure the
protection of remaining trees and vegetation on any site subject to
authorized land disturbance and shall include such specifications,
standards, and precautionary measures as prescribed by the Commission
pursuant to the guidelines in the Tree Manual.
No grading permit, excavation permit, subdivision plat, or subdivision
sketch plan (if a sketch plan is submitted) shall be granted or approved
unless at least thirty percent (30%) of all tree canopy coverage on
land not within any building setback area (required by applicable
zoning or subdivision regulations) shall be retained and undisturbed.
Where land disturbance is requested in conjunction with development
of more than one (1) parcel of land, or where the development will
require subdivision into more than one (1) parcel, the setback areas
shall apply and be determined by lot according to the preliminary
plat or sketch plan (if a sketch plan is submitted) for the proposed
development. Redevelopment, resubdivision, or amended platting of
land after the tree preservation plan has been implemented shall not
be permitted to defeat or avoid the tree preservation requirements
of this Chapter first applied to the site, and approval of such redevelopment
may be conditioned upon restoration of trees to equal the previous
tree preservation plan. Where excavation is requested for an approved
commercial use, the Commission may allow replantings, or existing
trees designated to remain after grading, anywhere on the site to
count towards the required tree canopy coverage.
A.Â
General Standards — Variances. In addition to all other standards
for land disturbance established by law, all approved land disturbances
on sites containing any trees shall also conform to the specifications
and standards established by the Tree Manual, all requirements established
by an approved tree preservation plan, and any other requirements
or conditions imposed by the Commission consistent with this Chapter.
The tree preservation standards required by this Chapter may not be
varied by any City officer or the Commission except as necessary for
construction pursuant to an approved final site plan, planned zoning
development, conditional use permit, approved subdivision plat or
approved final site plan (or section plan where applicable) specifically
authorizing a modification of this standard. Any variance shall be
no more than is necessary to complete the construction or use approved,
and the Commission or approving body may, when feasible, condition
a permit upon the restoration or relocation of trees or vegetation
on the site in an amount or quality sufficient to offset or ameliorate
the variance. A variance shall not be deemed "necessary" where feasible
changes in design or construction location or technique could reduce
or eliminate the amount of variance.
B.Â
Timber Sales. Notwithstanding anything in this Chapter to the contrary,
timber sales shall be permitted as authorized by this Subsection.
Any person desiring to undertake a timber sale shall request a permit
from the Commission. Permit applications shall include a timber management
plan from a professional forester or other approved professional indicating
that the cutting of trees constitutes a thinning or harvesting that
ensures continued health and existence of the woodland. The timber
management plan shall specify an acceptable method of regeneration
for the area to be harvested and shall conform to the standards established
by the Missouri Department of Conservation, or such other designated
agency, for proper management of tree farms and timber sales. Unless
waived by the Commission for good cause, no permit for a timber sale
shall be granted for any area more than once every ten (10) years.
C.Â
Exceptions. Nothing in this Chapter shall apply to a disturbance
of trees constituting forest crops regularly harvested (e.g., Christmas
tree farms, nursery stock, etc.).
Grand trees and specimen vegetation shall not be disturbed except
where it is necessary to permit construction or a use specifically
authorized by a planned zoning, conditional use permit, approved subdivision
plat or sketch plan, or approved final site plan (or section plan
where applicable) granted by the Commission, or as may otherwise be
permitted by the Tree Manual.
A.Â
Restoration Required. Any tree disturbed in violation of this Chapter,
or an approved tree preservation plan shall be replanted and restored
within six (6) months according to the standards set forth in the
Tree Manual. Any tree or tree areas identified to be retained on any
tree preservation plan that do not remain alive for a period of at
least thirty (30) months after the development of the site or stage
ceases shall be rebuttably presumed to be "disturbed" in violation
of this Chapter and shall be restored or otherwise mitigated as required
herein.
B.Â
Supplemental Bond. In determining the amount of any bond to be submitted
to secure a grading permit, excavation permit, subdivision preliminary
plat or subdivision sketch plan, the Commission shall include such
amount as to ensure restoration of trees and to compensate the site
for such other losses, including loss of topsoil, as may occur from
a disturbance of trees in violation of this Chapter or an approved
tree preservation plan. The additional bond amount established by
the Commission shall include the amounts set forth in the Tree Manual
for the restoration or loss of trees. The Commission may allow a reduction
in the amount of the bond where the land disturbance is subject to
stages, provided that no new stage is commenced until all restoration
of the precedent stage is completed. If the restoration required by
this Section is not completed within the time allowed, the Commission
may cause the bond to be used for such restoration. Upon completion
of all construction and development within the site, any unused portion
of the bond not used for restoration or unrestorable losses shall
be returned to the permittee; provided, however, that not less than
fifteen percent (15%) of the original amount shall continue to be
held by the City of Overland for a period of thirty (30) months to
guarantee survival or restoration for such period of any replanted
trees or trees required to have been preserved. Any net amounts retained
due to violations causing loss of trees in size or character that
cannot be similarly replaced shall be transferred to a trust fund
established for tree preservation and replacement to mitigate improper
tree disturbance, or returned to the permittee if no such appropriate
fund exists or is established within thirty (30) months from the effective
date of this Chapter. Notwithstanding any expenditure of the bond
by the City of Overland, the person obtaining the land disturbance
permit shall remain responsible for remedying any uncured violations
of this Chapter. The Director with the consent of the Chairman, shall
have the authority to increase or decrease the bond amounts and release
provisions of this Chapter where under the circumstances such alteration
would comply with the intent of this Chapter.
C.Â
Authorization For Action By City Attorney. The City Attorney shall
be authorized to take any other action to enforce the provisions of
this Chapter or to remedy any violation, including seeking injunctive
action or damages for such violations.
A.Â
It shall be unlawful for any person to do any of the following acts
on public property or a public right-of-way:
1.Â
Attach any sign, advertisement, notice or any other object,
except for normal installation and maintenance devices or objects
installed by the City of Overland or any authorized agent of the City,
to any tree or shrub or in any flower bed in the public right-of-way,
parks or any other public property in the City.
2.Â
Damage, cut, deface, destroy, top or injure any tree, shrub
or plant by placing salt, brine, petroleum products, weed killers,
concrete washout or any other substance in such an amount as to be
injurious to any tree or shrub growth planted in the public right-of-way
or upon any park or public property. This provision shall not apply
to any ordinary care and maintenance or removal of hazardous trees
by a governmental entity authorized to exercise jurisdiction over
the public right-of-way, parks or other public property.
3.Â
Place or store cement, asphalt, soil or any other substance
in the public right-of-way or on any public place which impedes access
of air and water to the critical root zone of any tree or shrub planted
in the public right-of-way or any other public place.
4.Â
Permit any tree, shrub, plant or other item on any person's
property to hang over or branch in such a way as to obstruct or obscure
streetlights, traffic signs, traffic signals or pedestrian or vehicular
access on public rights-of-way, or obstruct the view of any street
intersection.
5.Â
Cause damage to any trees or shrubs in the public right-of-way due to excavation or construction without replacement as prescribed by Section 420.080(A), Restoration Required.
It shall be the duty of the Director or his/her designee to
enforce the provisions of this Chapter.
A.Â
Any person damaging, cutting, defacing, or injuring any tree or shrub
on any public property or public right-of-way shall be responsible
to pay for any remedial costs in addition to such penalties as may
be imposed.
B.Â
Each property owner shall cause said property to be kept free from
any trees, limbs, or other items encroaching on or over any public
property or public right-of-way in violation of any ordinance by removing
or altering said encroaching items in a manner approved by the Director
or his/her designee Failure of any property owner to remove or alter
encroaching items shall constitute cause for the City to abate said
encroaching items as set forth in this Chapter.
In cases where it reasonably appears that there is an immediate
danger to the health, safety, or welfare of the public due to the
existence of a nuisance the City Administrator or his/her designee
shall have the authority to order the immediate abatement of the nuisance
in an appropriate manner or the immediate vacation of the vicinity.
The Director or his/her designee shall have the authority to
order the removal of trees or vegetation on private property that
endanger the life, health, safety, or property of the public and thereby
constitute a nuisance. Failure of any property owner to remove said
nuisance shall constitute cause for the City to abate said nuisance
as set forth in this Chapter.
Abatement of said nuisances shall conform to the procedures set forth in Section 225.030 of the Code.
If encroaching items or nuisances are permitted to exist on private property in violation of this Chapter more than one (1) time during the same growing season and, notice of violation pursuant to Section 420.140 of the Code, was delivered to the owner or other person in control of such property for any such prior violation during the same growing season, then the Director or his/her designee, may, without further notification to such owner or other person in control of such property, remove or alter such encroaching items or nuisances, and may collect the total cost of such removal in the manner set forth in Section 225.030(C) of the Code. Director or his/her designee may hire and enter into contracts with independent contractors to remove or alter such encroaching items or nuisances.
Any person violating or failing to comply with any of the provisions of this Chapter shall be guilty of a misdemeanor, and upon conviction thereof the provisions of Section 100.150 of this Code shall apply. The removal of each tree in violation of any provision of this Chapter shall constitute a separate punishable offense. The removal of each tree in violation of any provision of this Chapter shall constitute a separate punishable offense.
