Plan submission requirements for tree preservation.
1. Tree Preservation Plans (hereinafter "TPP") approved by the Director of Public Services shall be required on all new construction, demolition, excavation, and site redevelopment requiring permits from the Department of Public Services.
2. TPP are not required for single-family construction activities when the gross area of an addition to an existing building, accessory structure, parking lot, or outside storage yard is less than one thousand (1,000) square feet or increases site coverage by less than ten percent (10%), whichever is greater.
3. TPP submitted to the City for review shall have a scale of one (1) inch = fifty (50) feet or larger, be on standard size drawing sheets no larger than 36" x 48", and contain the following information: see Section
26-21.5C.3 for a list of Tree Preservation Plan requirements.
4. TPP submitted for all properties except those with a primary existing and future use of individual single-family or two-family residential shall be prepared, signed, and sealed by a Missouri Landscape Architect, Urban Forester, or Certified Arborist.
5. TPP submitted for properties with an existing and future use of individual single-family or two-family are not required to be sealed by a Missouri Landscape Architect, Urban Forester, or a Certified Arborist.
Variances.
1. Any tree preservation plan or tree removal request submitted to and denied by the Director of Public Works may be appealed and a variance request may be made within thirty (30) days of the receipt of a notice of denial.
2. Appeals and requests for variance shall be sent to the Director of Public Services specifying the grounds for appeal, including, but not limited to, demonstration of undue hardship. The Director of Public Services shall transmit the appeal and variance request to the Planning Commission.
3. The Planning Commission will review the appeal/request and may grant the appeal/request, may attach conditions as it deems necessary to comply with the purpose and intent of this Section, or may deny the appeal/request.
Violations and Penaties.
1. Any person who violates any provision of this Section or who fails to comply with any notice issued pursuant to the provisions of this Section, upon being found guilty of violation, shall be subject to penalties described in Section
26-4: Enforcement; Violations And Penalties, Enforcement of the Crestwood Development Code.
2. If, as a result of the violation of any provision contained in this Section a protected tree is damaged, mutilated, or killed, the cost of repair or replacement shall be the responsibility of the party in violation. The replacement value of protected trees shall be determined by the Director of Public Works or his/her third-party consultant using the latest edition of "The Guide for Plant Appraisal," as published by the International Society of Arboriculture.
3. Payments for violations of this Section received from the City's municipal division shall be paid into the City Tree Fund.
