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HomeMy Public PortalAboutCity of Town And Country3/26/2021 City of Town And Country, MO Ecode360 https://ecode360.com/print/TO3450?guid=27971065,27971066 1/7 A. 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. 3/26/2021 City of Town And Country, MO Ecode360 https://ecode360.com/print/TO3450?guid=27971065,27971066 2/7 1. a. b. c. d. e. f. (1) (2) g. h. i. 2. 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. 3/26/2021 City of Town And Country, MO Ecode360 https://ecode360.com/print/TO3450?guid=27971065,27971066 3/7 j. k. l. (1) (2) m. a. b. c. 3. a. b. c. (1) d. 4. 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; 3/26/2021 City of Town And Country, MO Ecode360 https://ecode360.com/print/TO3450?guid=27971065,27971066 4/7 (2) (3) (4) a. (1) (2) (3) b. c. 5. 1. a. b. c. (1) d. 2. C. 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) 3/26/2021 City of Town And Country, MO Ecode360 https://ecode360.com/print/TO3450?guid=27971065,27971066 5/7 (2) a. b. 1. 2. a. b. c. 3. D. a. b. 1. 2. E. a. 1. F. 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. 3/26/2021 City of Town And Country, MO Ecode360 https://ecode360.com/print/TO3450?guid=27971065,27971066 6/7 (1) (2) (3) (4) b. (1) (2) (3) (4) c. d. 2. a. b. 1. a. 2. G. 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; 3/26/2021 City of Town And Country, MO Ecode360 https://ecode360.com/print/TO3450?guid=27971065,27971066 7/7 b. c. d. e. (1) (2) (3) a. (1) (2) (3) b. c. d. (1) (2) (3) e. 3. 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.