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City of Town And Country, MO
Friday, March 26, 2021
Chapter 405. Zoning Regulations
Article VIII. Zoning District Standards
Section 405.330. Landscaping Standards For Parking Lots.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(8400), 11-13-1989]
The regulations for each zoning district establish minimum standards for landscaping within parking
lots and adjoining entrance drives and circulation drives. For purposes of satisfying these minimum
landscaping requirements, the following standards shall apply:
Plant units: A single "plant unit" for parking lot landscaping shall consist of the total plantings
designated in one (1) of the columns below:
Type of Plant and Size Standard Plant Unit Alternative Unit
1
Alternative Unit 2
Canopy Tree 3 inch caliper 2 2 1
Understory Tree 2 inch caliper 0 1 1
Shrubs (50% to be evergreen) 2 feet
high
10 5 10
Section 405.335. Natural Resource Protection Standards.
[Ord. No. 1076 §§1 — 7, 1-27-1987; Ord. No. 1345 §1(8500), 11-13-1989; Ord. No. 2450 §1, 4-11-
2000; Ord. No. 3318 §2, 2-12-2008; Ord. No. 4317, 10-14-2019]
All natural resources located on a lot used for non-residential purposes in all zoning districts and in
new subdivisions as specified in Section 410.200(A)(20) shall be preserved as open space in the
percentages set forth in this Section.
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B. Woodlands.
A minimum of fifty percent (50%) of the calculated total of cross-sectional area (CSA) of all
healthy trees, six (6) inches in diameter or greater, in an identified woodland shall be
preserved as permanent open space. Trees in poor condition or that are dead shall not be
counted toward the calculated total of CSA.
The developer shall undertake the following precautions to protect woodland areas to be
maintained as permanent open space:
The developer shall submit a tree stand delineation (survey) of all woodlands or clusters
of trees greater than six (6) inches in caliper, and the location of all proposed lot lines,
buildings, rights-of-way, utility lines and easements.
The developer shall designate the location and amount of woodlands to be maintained as
permanent open space, and the total percentage of cross-sectional area represented by
the woodlands to be preserved.
The developer shall not include as permanent open space any trees or woodlands in
easements, building areas, or rights-of-way.
The developer shall place dedicated permanent open space, as much as is feasible,
within common ground.
The developer shall not develop within the canopy area or drip line of any tree to be
preserved as permanent open space.
The developer shall submit in writing the recommendations of an International Society of
Arboriculture Certified Arborist or a Landscape Architect approved by the City, as to
which trees may be protected notwithstanding development in close proximity to them,
including all recommended protective measures.
The developer shall employ all recommended tree protective measures prior to the
issuance of any permit and, in any event, shall:
Erect on-site rope or fence barriers along the line(s) delineated in a green mesh
safety fence that is a minimum of three (3) feet in height. secured with heavy duty
steel t-posts set a maximum of eight (8) feet apart along the line(s) delineated in
Subsection (B)(2)(b). A moisture protected 8.5" x 11" sign stating, "Warning — Tree
Protection Zone" shall be required to placed on the tree protection fencing at a
minimum of twenty (20) foot intervals, with a minimum of one (1) sign on each
elevation of fence.
Provide a 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.
The developer shall post a surety bond for the benefit of the City in the amount of twenty-
five thousand dollars ($25,000.00) per every acre of woodlands to be preserved (or
portion thereof). The surety shall be applied to the replacement of any trees which should
die within three (3) years of the completion of construction. Prior to the full release of the
surety the developer shall submit, in writing, from an International Society of Arboriculture
Certified Arborist or a Landscape Architect approved by the City, a report verifying that
the trees to be protected in the designated permanent open space areas are still alive.
The developer shall replace with a tree of similar size and type all trees which die as a
result of such development, or a substitute amount or size of trees which collectively
approximate the DBH of the removed trees as approved by the City. Failure to replace
shall constitute a default and the City shall be entitled to proceed against the surety.
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The permanent open space areas shall be depicted on a survey to be made an exhibit to
the deed and recorded with St. Louis County for each lot relative to any subsequent
subdivision or re-subdivision.
The permanent open space areas as delineated in 405.335(B)(2)(i) shall be marked on
site with temporary rope, fencing or flagging for the purpose of communicating these
limits to prospective buyers for the individual lots and shall be in place before lots are
shown to prospective buyers.
A copy of the survey depicting the permanent open space areas as required in
405.335(B)(2)(j) shall be attached to and incorporated by reference within the sale
contract for the future transfer of any lot(s).
The following requirements shall be attached to and incorporated by reference within the
sale contract for the future transfer of any lot(s) as well as be incorporated into the
subdivision trust indentures.
Permanent open space shall be maintained in current locations as indicated on the
plat and shall remain fully and completely undisturbed, except for activities defined
by Section 405.335(B)(3), without prior appropriate permit from the City of Town and
Country. In the event that such actions occur, the owner shall be required to replant
the disturbed areas and place with the City of Town and Country an escrow which
insures their maintenance until maturation.
Any proposed fencing around or adjacent to the permanent open space will require a
permit from the City of Town and Country prior to installation and shall not disturb the
permanent open space.
Management Of Woodlands. The following activities shall be permitted by right within a
woodland designated as permanent open space.
Tree limb pruning.
Removal of plants only as stated in Section 405.335(B)(5).
Planting of native grasses. wildflowers, shrubs, and trees. The planting of lawn or turf
grass shall not be permitted.
Replacement Of Woodlands. Whenever the requirements of this Subsection (B) would render
a lot unbuildable, as determined by the City Administrator or their designee, the developer
may clear or develop more woodlands than otherwise permitted to be disturbed by
Subsection (B)(1) above, if the total 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, no more than fifty
percent (50%) of mature woodlands may be disturbed. This additional disturbance shall be
permitted only where the following conditions are met:
The developer shall designate a new woodland area on a part of the site not forested.
The new woodland area shall consist of 1.2 times the surface acreage of the woodland
area disturbed pursuant to this Subsection.
The new woodland area plantings shall be approved, in writing, by an International
Society of Arboriculture Certified Arborist or a Landscape Architect approved by the City
and take into consideration species which are native and conducive to site conditions.
Within each acre of newly designated woodland area the following plantings shall be
made:
Six (6) canopy trees, minimum of three (3) inch caliper;
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Seventy-five (75) canopy trees, minimum six (6) to eight (8) feet high whips;
Eight (8) understory trees, minimum one and one-half (1.5) inch caliper or five (5)
feet high for multi-stemmed clumps;
Thirty (30) shrubs (deciduous or evergreen), minimum eighteen (18) inches high.
Removal Of Trees In Permanent Open Space. A tree preserved as permanent open space
may be removed by the owner of the property where the tree is preserved only if the following
conditions are satisfied:
A licensed landscape architect, certified arborist or other evidence deemed credible by
the City that the tree is hazardous. dead, or diseased.
If the tree is not hazardous, dead or diseased, a property owner may apply to the City
Administrator or their designee to remove the tree if:
Another tree of similar size and species or a substitute amount or size of trees of the
same or similar species which collectively approximate the DBH of the removed
trees will be planted to replace the tree to be removed.
The replanted tree is included as permanent open space on a plan submitted by the
property owner.
A copy of the recorded plan is submitted to the City.
Removal Of Invasive Species Of Trees, Shrubs, Woody Vines, Wildflowers, Grasses And
Other Non-Woody Plants In Permanent Open Space. Invasive Species in areas
preserved as permanent open space may be removed by the owner of the property
where the open space is preserved. Invasive Species are defined as those identified by
the Missouri Department of Conservation.
Grand Trees.
A Grand Tree is defined as any tree twenty (20) inches DBH or greater that is in fair to good
condition and is not an invasive species as defined in this Chapter or by the Missouri
Department of Conservation.
Grand trees shall not be disturbed, within the critical root zone, in the course of grading,
demolition or building relating to new construction activity except as follows:
When the tree is dead, diseased, hazardous or constitutes a public risk; or
Residential District: In any residential district, where such disturbance is necessary to
permit construction and is specifically authorized in a tree preservation plan approved in
conjunction with the applicable grading, demolition or building permit; or
Non-Residential District: In any non-residential district, where such disturbance is
necessary to permit construction and is specifically authorized in a tree preservation plan
approved in conjunction with the applicable subdivision, site plan or development plan or
applicable grading, demolition or building permit.
Replacement Requirements: Grand Trees that are removed due to disturbance that is
necessary to permit construction, that are otherwise not dead, diseased, or a public
hazard, shall require the installation of replacement trees equal to twenty-five (25%) of
the total caliper inches of the Grand Trees that are removed.
In lieu of the installation of replacement trees a contribution to the designated City of
Town and Country Tree Fund shall be made in the amount of thirty dollars ($30.00)
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per square inch of twenty-five percent (25%) of the cross-sectional area of the Grand
Tree(s) removed.
Trees to be planted to meet requirements for new landscaping and bufferyards shall
count as replacement trees.
Ravines.
Permanent Open Space.
Ninety-five percent (95%) of all ravines shall remain in permanent open space.
No uses or improvement other than those permitted herein shall be permitted in any area
consisting of ravines or ravine buffers as defined by this Chapter.
Permitted Uses. Ravines shall not be the site of any use or development, with the exception
that access to other areas may be provided in ravine areas. In this event prior to construction
of any improvement, the developer shall provide an environmental assessment indicating the
location of such access is the least damaging solution for the site in question. Minimum
damage to the area shall be the guide in location of the access.
Additional Regulations.
The streambeds of all ravines shall be kept clear of debris, including leaves and grass
clippings, in order to slow undercutting of stream banks.
No development in other portions of a site shall cause or permit the rate of runoff to
ravines to be more than ninety percent (90%) of its rate prior to that development.
All detention facilities should be set back at least one hundred (100) feet from the top of
the ravine wall. All such facilities shall be designed to minimize erosion and maximize
measures which stabilize the ravine wall.
Floodplains.
The determination of all floodplain boundaries shall be based on the maximum recorded or
projected flood elevation applicable. The area constituting a floodplain shall be determined by
reference to the following sources in the order indicated below. If the first (1st) source is not
applicable, the second (2nd) one shall be used.
Certified HUD flood insurance studies and maps;
A site specific flooding analysis provided by a registered professional engineer that
provides more site specific location than do the rate maps and profiles.
On-site topographic surveys shall be performed to locate the precise
floodplain line on a site. The survey shall use the flood profile contained in the
sources listed above.
Permitted Uses. Development within floodplain areas shall comply with the terms and
provisions of this Chapter and Chapter 415 of this Code as well as any requirements of MSD
or DNR.
Drainageways.
Development within drainageways shall be subject to the following restrictions:
No more than fifty percent (50%) of such areas shall be developed.
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The remaining fifty percent (50%) shall remain as permanent open space by restrictive
covenant. Regrading, stripping of vegetation, or filling is permitted in these areas,
provided that such work is needed as part of the development's stormwater system.
The time of concentration of stormwater flows shall remain unchanged or will be
lengthened;
Stormwater and ground water storage capacity shall be unchanged or will be
increased;
Natural vegetation shall be installed;
The resultant new drainageway shall have less velocity than pre-existed or shall
reduce stream bank erosion through the provision of erosion control measures.
Upon application, and after review and recommendation by the Planning and Zoning
Commission, the Board of Aldermen may waive these requirements for a particular
drainageway after consideration of all relevant factors, and if the Board determines any of
the following findings, the waiver shall be denied:
Water runoff control structures in another location will not effectively reduce runoff
from the site at least as well as or better than the given drainageway, and have not
been designed to do so;
Removal of the drainageway will substantially and materially adversely affect the
visual coherence, appearance or development character of adjacent neighborhoods
and/or of the development site;
The quality of tree and vegetation cover will be substantially adversely affected; or
Any unusual natural native features of the land, e.g., cave, sinkhole, marsh, oak
savannah or fen, will be substantially adversely affected.
No building shall be constructed within fifty (50) feet of the limits of a drainageway unless
it is demonstrated that the adjacent bank of the channel will be protected against erosion
by natural site conditions or by site improvements that will be essentially permanent with
minimal requirements for maintenance.
The Board, Planning and Zoning Commission or staff may request photographs showing the
property involved and the area where the drainageway is to be removed.
Streams.
Buffer Requirements.
For streams depicted as a solid blue line on the U.S.G.S. map, a natural vegetative buffer
shall be maintained for fifty (50) feet, measured horizontally, on both banks (as
applicable) of the stream as measured from the top of the stream bank. For all other
streams subject to this Subsection, a natural vegetative buffer shall be maintained for
twenty-five (25) feet, measured horizontally, on both banks (as applicable) of the stream
as measured from the top of the stream bank.
No septic tanks or septic tank drain fields shall be permitted within the buffer.
Site Plan Requirements. Any permit or land development applications for property requiring
buffers must include the following on a site plan:
Location of all streams on the property established by field survey;
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Limits of required stream buffers on the property;
Buffer zone topography with contour lines at no greater than five (5) foot contour
intervals;
Location of tree masses and individual trees with trunk diameter of six (6) inches or more
within the required stream buffers on the property.
Detailed plans of all proposed land development in the buffer.
Land Uses And/Or Activities Allowed In Required Buffers.
Ongoing or previously approved land uses and/or activities:
Maintenance or repair of any lawful use of land that is approved for such use on or
before the effective date of this Section.
On-going activities including, but not limited to, existing landscaping, gardening and
lawn maintenance, except that new development or land disturbance activities on
such properties will be subject to all applicable buffer requirements.
Land development activity that is under construction, fully approved for development,
scheduled for permit approval or that is part of a larger master development plan or
other phased development that has been approved up to two (2) years before the
effective date of this Section.
Activities related to management and maintenance of buffers, with written approval of the
Director:
Buffer restoration projects;
Water quality monitoring and stream gauging;
Removal of trash, debris and individual trees that are in danger of falling, causing
damage to dwellings or other structures, or causing blockage of the stream.
Emergency work necessary to preserve life or property. When such work is performed,
the person performing it shall report such work to the Director on the next business day
after commencement of the work and shall apply for any permits as may be required for
the work.
Unpaved foot trails or paths.
Roads, bridges and utilities (including sanitary and storm sewers), subject to the
following:
The right-of-way or utility easement shall be the minimum width needed to allow for
installation.
The angle of the right-of-way or utility easement shall be perpendicular to the stream
in order to minimize clearing requirements.
Plans and plats shall include only the minimum number possible of such crossings.