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City of Berkeley, MO
Tuesday, March 23, 2021
Chapter 400. Zoning Regulations
Article XII. Tree Preservation And Restoration
Section 400.880. Short Title.
[Ord. No. 4342, 11-21-2016]
This Article shall be known and may be cited as "Tree Preservation of the City of Berkeley, Missouri."
Section 400.890. Definitions.
[Ord. No. 4342 § 1, 11-21-2016]
The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to
them in this Section, except where the context clearly indicates a different meaning:
CALIPER OR DIAMETER AT BREAST HEIGHT (DBH)
A measurement of the size of a tree equal to the diameter of its trunk measurement at four and
one-half (4 1/2) feet above natural grade. If a tree splits into two (2) or more trunks below four and
one-half (4 1/2) feet, then the trunk is measured at its most narrow point below the split. For newly
planted trees the caliper measurement will be taken six (6) inches above natural grade.
CHAIRMAN
The Chairman of the Commission.
COMMISSION
The Planning and Zoning Commission of the City of Berkeley.
CRITICAL ROOT ZONE (CRZ)
An area drawn for each tree surveyed which represents the average root system. The average
root system follows the crown drip line extending from the outer surface of a tree's branch tips to
the ground. CRZs vary depending upon tree species, tree size, soils and moisture level, but shall
always be deemed to incorporate a minimum distance of ten (10) feet beyond the defined
boundary of the tree's root system.
DISTURB
Shall include the intentional or unintentional removal, destruction or killing of any tree, other than
as provided by this Article.
GRAND TREE
A tree in fair or better condition which equals or exceeds the following diameter sizes: large
hardwoods (e.g., oaks, hickories, etc.) twenty -four -inch DBH; large softwoods (e.g., pines,
spruces, etc.) twenty -inch DBH; small trees (e.g., dogwood, redbud, etc.) twelve -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.
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GROVE
Any grouping of eight (8) or more trees each having eighteen (18) inches or greater caliper with no
tree trunk farther than thirty (30) feet from any other tree trunk in the group.
SPECIMEN VEGETATION
A unique grouping of rare or unusual plants justifying preservation pursuant to any established
Federal, State or local guideline, including those established in the Tree Manual.
TIMBER SALE
The cutting, removal or other disturbance of trees affecting seven thousand five hundred (7,500)
square feet or more of tree canopy coverage area for the purpose of selling or harvesting such
trees or maintaining the health of a wooded area.
TREE
A woody plant that grows mostly upright as a single or multiple stem that may eventually attain a
height of fifteen (15) feet or more.
TREE CANOPY COVERAGE
The area in square feet of a tree's spread. 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.
TREE MANUAL
A document, adopted by this Article 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 Article, and such amendments shall become
effective upon order, resolution or other approval of the Council.
TREE PRESERVATION PLAN (TPP)
A site plan prepared by an approved professional that delineates tree save areas and details
measures to be taken to ensure protection and survivability of trees to be saved, prior to and
during construction, and also complies with guidelines which are listed in the Tree Manual. A tree
preservation plan should include a tree stand delineation.
TREE STAND DELINEATION (TSD)
A detailed description and location of trees and other woody vegetation on the site prior to any
proposed land disturbance, prepared in map form, as specified in the Tree Manual. The tree stand
delineation is to be prepared using the proposed development plan as a base map so that
decisions can be made with respect to preserving existing vegetation.
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.
Section 400.900. Tree Preservation Plan Required.
[Ord. No. 4342 § 2, 11-21-2016]
A. 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.
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B. 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.
Section 400.910. Preservation Of Trees Outside Setback Areas.
[Ord. No. 4342 § 3, 11-21-2016]
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 Article 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.
Section 400.920. Supplemental Standards For Land Disturbance.
[Ord. No. 4342 § 4, 11-21-2016]
A. 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 Article. The tree preservation standards required by this Article
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. Timber Sales. Notwithstanding anything in this Article 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.
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C. Exceptions. Nothing in this Article shall apply to a disturbance of trees constituting forest crops
regularly harvested (e.g., Christmas tree farms, nursery stock, etc.).
Section 400.930. Grand Trees And Specimen Vegetation.
[Ord. No. 4342 § 5, 11-21-2016]
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.
Section 400.940. Restoration Of Trees Bond.
[Ord. No. 4342 § 6, 11-21-2016]
A. Restoration Required. Any tree disturbed in violation of this Article 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 Article and shall be restored or otherwise mitigated as required herein.
B. 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
Article 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 Berkeley, 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 Article. Notwithstanding
any expenditure of the bond by the City of Berkeley, the person obtaining the land disturbance
permit shall remain responsible for remedying any uncured violations of this Chapter. The Director
of Public Works, with the consent of the chairman, shall have the authority to increase or decrease
the bond amounts and release provisions of this Article where under the circumstances such
alteration would comply with the intent of this Article.
C. Authorization For Action By City Attorney. The City Attorney shall be authorized to take any other
action to enforce the provisions of this Article or to remedy any violation including seeking
injunctive action or damages for such violations.
Section 400.950. Unlawful Acts On Public Property.
[Ord. No. 4342 § 7, 11-21-2016]
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A. It shall be unlawful for any person to do any of the following acts on public property or a public
right-of-way:
1. Attach any sign, advertisement, notice or any other object, except for normal installation and
maintenance devices or objects installed by the City of Berkeley, 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. 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. 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. 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 street lights, traffic signs, traffic signals or pedestrian or
vehicular access on public rights -of -way, or obstruct the view of any street intersection.
5. Cause damage to any trees or shrubs in the public right-of-way due to excavation or
construction without replacement as prescribed by Section 400.940(A), Restoration Required.
Section 400.960. Protection Or Removal Of Trees On Public
Property Remedies.
[Ord. No. 4342 § 8, 11-21-2016]
The Director of Public Works may cause to be removed or may order the property owner to remove
any trees, limbs or other items encroaching on or over any public property or public right-of-way in
violation of any ordinance. Should the property owner fail to remove the encroaching trees, limbs or
other items, the Director shall order such property owner to so remove such trees, limbs or other items,
within ten (10) days after receipt of written notice. The failure by such property owner to remove such
trees, limbs or other items within ten (10) days after receipt of the written notice shall be a violation of
this Article. In the event that the Director causes the encroachment to be removed after notice and
failure of the property owner to voluntarily remove it, the Director shall send the property owner a bill
for the costs of such removal, and the property owner shall be responsible for payment of such bill.
Any person damaging, cutting, defacing or injuring any tree or shrub on any public property or public
right-of-way shall be responsible to pay for any remedial costs in addition to such penalties as may be
imposed.
Section 400.970. Nuisances.
[Ord. No. 4342 § 9, 11-21-2016]
The Director of Public Works 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. If such order is not complied with within thirty (30) days, the Director may cause the
nuisance to be removed, and the property owner shall be responsible to pay the costs of such removal.
Section 400.980. Conflicts With Other Provisions Of Code.
[Ord. No. 4342 § 10, 11-21-2016]
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To the extent any provision of this Article conflicts with any provision of Section 215.010(D)(7) of the
Code, regarding noxious growths, the provisions of Section 215.010(D)(7) shall govern.
Section 400.990. Penalty For Violation Of Article.
[Ord. No. 4342 § 11, 11-21-2016]
Any person violating any of the provisions of this Article or the code adopted in this Article shall be
deemed guilty of a misdemeanor where the court may impose fines or penalties.
Section 400.1000. Appeals.
[Ord. No. 4342 § 12, 11-21-2016]
Any appeal from application of this Article shall be made directly to the Council of the City of Berkeley,
unless the appeal is within the scope of the administrative review procedure of the city, whereby such
procedure shall be followed. Upon compliance with the applicable review procedure, the Council may
modify application of the Code where such application would be arbitrary or constitute an
unconstitutional taking of property without compensation, or is otherwise determined to be unlawful.
Select Language
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