Series 105 2004 ORDINANCES/RESOLUTIONS
Section 105-352; Ord. 18164; Amending Chapter 12A of the City Code as it relates to tree preservation and land disturbance permits
Bill No. B 215-04
amending Chapter 12A of the City Code as it relates to tree preservation and land disturbance
permits; and fixing the time when this ordinance shall become effective.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS
SECTION 1. Chapter 12A of the Code of Ordinances of the
City of Columbia, Missouri, is
hereby amended as follows:
Material to be deleted in
strikeout; material to be added underlined.
Sec. 12A-5. Definitions.
For the purposes of this chapter, the following words and phrases
shall have the meaning given
Agricultural activity. Normal farming operations including improvements conducted under the
auspices of the
Soil Conservation Service
Natural Resource Conservation Service.
. . .
Clear cutting. The practice of removing over half of the standing
forest area on a
. . .
Dwelling unit. A building or portion thereof, designed to house a family.
Forest land. Forested land area with the aerial canopy dominated by trees greater
than four (4)
inches in diameter, measured four and one-half (4 1/2) feet above the ground.
. . .
Land disturbance permit. A permit issued by the City of Columbia that authorizes the
commencement of land disturbance activities or logging.
Logging. The removal of more than three (3) existing trees for commercial purposes
tract of land larger than one (1) acre.
. . .
Tree, existing. A tree which meets or exceeds the following size standards: Deciduous shade
trees shall have a four (4) inch
caliper diameter, measured four and one-half
(4 1/2) feet above
the ground and ornamental and evergreen species shall be a minimum of six (6) feet in height.
. . .
Sec. 12A-11. Penalties.
(a) Violations of this chapter shall
be punishable in the same manner as Class A
misdemeanors under chapter 16 of this Code.
(b) Every day any violation of this
chapter shall continue shall constitute a separate offense.
tree one thousand (1,000) square feet of climax forest removed, destroyed or
damaged in violation of this chapter shall constitute a separate offense.
Sec. 12A-33. Site development plan.
(a) Applications for land disturbance
permits for any area greater than one (1) acre shall be
accompanied by a detailed site development plan which shall include,
a tree preservation plan, a
landscaping plan, a soil erosion control plan, and a storm water management plan conforming to
the provisions of this chapter. Where practical, drawings may be combined to contain all of the
(b) No final plat or final plan in a
planned district other than R-1 PUD or R-2 PUD shall be
approved prior to approval of a site development plan encompassing the entire area being platted
. . .
Sec. 12A-35. Exemptions.
(a) A land disturbance permit shall
not be required for sites one (1) acre or less or for
individual lots in R-1 and R-2 zoned development except that erosion control provisions, grading
limits, low floor elevation, and storm drainage work, including piping, swaling, and ditching,
shall be shown on the plot plan and approved prior to issuance of a building permit. All land
disturbance activity on such property shall conform to the provisions of the approved plot plan.
(b) Agricultural activities are exempted
from the provisions of this chapter except that a
land disturbance permit is required for the mechanized clearing
and or removal of trees on sites
in excess of one (1) acre.
. . .
Sec. 12A-49. Clearing of trees; permit required.
(a) The mechanized clearing of trees
, logging of trees or clear-cutting of trees by any means
on tracts of land over one (1) acre shall be unlawful unless done in compliance with a land
(b) A minimum of twenty-five (25) percent
of any climax forest area on any tract of land
subject to land preservation requirements shall be maintained.
Climax forest areas shall be
identified by the city arborist through use of aerial photographs and field inspections and a map
identifying all known climax forest areas shall be maintained in the department of public works.
Trees thus retained will count toward landscaping requirements contained in the zoning
When logging is to occur prior to approval of a tree preservation plan or on property not
otherwise subject to land disturbance requirements, a logging plan demonstrating compliance
with tree preservation requirements must be submitted to the director. This logging plan will
include the area in square feet of forest land, the area in square feet of climax forest, and
demonstrate that twenty-five (25) percent of the area of climax forest will be preserved after
logging. Each logging operation on the same site will require a separate land disturbance permit.
Under no circumstance shall successive logging remove greater than seventy-five (75) percent of
the climax forest present upon the site before logging.
cd) A landscaping plan demonstrating compliance with
the specific requirements of the
existing zoning of the site shall accompany all applications for land disturbance permits. The
plan will be a drawing of the site sufficient in detail to illustrate the features of the plan. The
may be incorporated with other drawings or documents but shall contain the following
(1) The area, in square feet or
acres, of any climax forest areas on the site and those
portions, in square feet or acres, of the climax forest to be preserved. The areas may be
determined by actual field measurement or planimetering of scaled aerial photographs.
(2) The number, spacing, size and
species of planting materials, including new trees and
final ground cover that will be planted as part of the landscaping plan.
(3) The size and location of any
walls, earth berms, and fences.
(4) Provisions for watering, soil
stabilization, plant protection and maintenance.
(5) Location and description of any barriers
to be erected to protect any vegetation from
damage both during and after construction.
de) Tree protection shall be required prior to and during
the activities associated with the
land disturbance permit in accordance with administrative standards promulgated and enforced
by the director, but under no circumstances shall activities with the potential of causing damage
to the root systems of trees be allowed within the perimeter of the drip line of the trees being
preserved, protected or planted as part of the landscaping plan.
ef) If any of the trees required to be retained or trees
planted as part of the landscaping plan
should die within a period of eighteen (18) months after completion of the activities associated
with the land disturbance permit, the owner of the property shall replace the trees within six (6)
months at a ration of one-to-one with an approved tree having a minimum diameter of two (2)
inches measured at a point one (1) foot above natural grade. Shrubbery or other plantings which
die within eighteen (18) months of completion of the activities shall be replaced in kind within
six (6) months.
fg) All landscaping work must be completed prior to
the final inspection of a building or
within one year of issuance of the land disturbance permit, whichever occurs later. If completion
of the work or building is at such time of the year that the landscaping cannot be completed, a
performance bond or other acceptable financial instrument for completion of the work may be
accepted to allow the issuance of a certificate of occupancy.
gh) Landscaping plans may be amended during or after
development with the approval of
the director, but in all cases must comply with the current landscaping requirements of the zoning
district in which the site is located.
SECTION 2. This ordinance shall be in full force and effect
from and after its passage.
PASSED this 19th day of July, 2004.