8.4.B. PRSR 03-08-2006Item # 8.4.B.
fiver
MEMORANDUM
TO: Natural Resources Inventory Task Force
FROM: Scott Clark, Community Development Director
DATE: February 28, 2006
SUBJECT: Meeting Agenda
C~ oOP~
Over the past year, there has been a number of meetings regarding the Natural Resources
Inventory Task Force recommendations. The purpose of tonight's meeting is to review
discussions which were held in August and September of 2005. Staff recommendations are
as follows:
1. Wetland Buffer Ordinance
It appears this ordinance is in an agreeable form to all parties and should be submitted to
the Planning Commission for review and recommendation to the City Council. Staff is
recommending the following changes:
a. Elimination of Performance Standard A. iv. due to issues of enforcement, except
for the first sentence.
b. Re-write A. v. to read as follows: "The City, at its role discretion, may allow
natural trails to be located within the buffer strip, based on tree locations,
topography, environmentally sensitive land areas, or other land constrain. The
reason for the above-mentioned change is to allow flexibility in the placement of
a trail so that cross purposes do not occur, e.g. having to take down trees in
order to simply maintain a 25-foot setback for the trail.
c. Minor changes as seen on page 3 of the document.
2. Transfer of Development Rights Program
The original draft of August 3, 2005 is very preliminary and staff has a number of
questions regarding the intent of the Task Force. However, for this evening it seems
that there are three questions that should be discussed prior to further review. These
are:
that there are three questions that should be discussed prior to further review. These
are:
a. Should the credits be given to only designated "A and B" properties identified in
the Natural Resources Inventory, or should we also include "C" properties?
b. In order to provide true incentives for someone to sell their property, should
there be only a "one for one" development credit transfer or should this be
increased to some other ratio?
c. If a solid Wetland Ordinance and Tree Preservation Ordinance are adopted, is
there a need for a Transfer of Development Rights Ordinance?
3. Tree Preservation Ordinance
It is staff's understanding that there has been a lot of discussion on this ordinance and
that there are parts of it which have not been reviewed favorably. Staff is recommending
that the committee articulate which part of this tree ordinance is important to them, i.e.
avoiding clear-cutting, replacement or some other aspects of this ordinance. Staff will
then go back and develop a simpler, more defined ordinance proposal. Again, we
anticipate that for the Tree Preservation Ordinance that this be more of a broad policy
discussion for the evening.
If you have any questions on this, please call me at 763/635-1031.
cc: Bill Maertz, Parks & Recreation Director
Chris L.eeseberg, Park Planner/Planner
Scott Harlicker, Senior Planner
Rebecca Haug, Environmental Administrator
S:\PI.ANNING\NRI\02 28 061'F memo.doc
Wetland Buffer Ordinance
Definitions (amendment to Chapter 30, Section 30-1)
The following words, terms and phrases shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different meaning:
Wi~Ls are (i) noxious weeds as defined and designated pursuant to the "Minnesota noxious
weed law", Minnesota Statutes, Section 18.76-18.88, as amended from time to time, or (u~
any volunteer plants. For the purposes of this defmition, weeds do not include dandelions
or clover.
Wetland Alteralzwt is achange to the wetland or wetland buffer strip in regards to size, depth
or contour; dredging; tilling; ditching; or changes in vegetation. Alterations would not
include wetland plantings or selective clearing or pruning of prohibited or restricted noxious
weeds as defined in Minnesota Rules 1050.0730 to 1050.0750.
Wetlmul Buffer Strip is an area of vegetated ground cover around the perimeter of a wetland
that, either m its natural condition or through intervention, has the characteristics of a Buffer
as previously defined.
Purpose
The City shall promote the general health, safety, and welfare of its residents by conserving
and protecting wetlands, avoiding the alteration or destruction of wetlands, and requiring
sound management practices as provided for in the Wetland Conservation Ad (vUCA) when
development occurs in the vicinity of wetlands. The City seeks to accomplish the following
purposes:
1. Balance the need to preserve and protect natural resources and systems with the
rights of private property owners and the need to support the efficient use of
developable land within the City;
2. Promote water quality by
a. maintaining the ability of wetlands to recharge and receive the discharge of
ground water,
b. preventing soil erosion,
c. retaining sediment, nutrients and toxicants in wetland buffer strip areas
before it discharges into communirywetlands, lakes and streams,
d. avoiding contamination and eutrophication of water features;
3. Reduce human disturbances to wetlands by providing a visual and physical
transition from surrounding yards; and
4. Provide wildlife habitat and thereby support the maintenance of diversity of both
plant and animal species within the City.
The Minnesota Wetland Conservation Act and Mimtesota Rules 8420 as amended from time
to time are hereby incorporated by reference.
S:\PLANNING\NRI\Wecland Buller Ordinance.doc
General Provisions
Unless determined otherwise by the City or the Technical Evaluation Panel (TEP), a
property owner, applicant for building permit, or subdivider, proposing work in or around
wetlands, shall provide the following information:
1. Wetland delineation plan and written report,
2. Wetland impact plan,
3. Wetland mitigation plan, and
4. Any other information deemed necessary under the WCA as determined by the City
or TEP.
A determination regarding wetland impacts must be made by the City or TEP prior to
issuance of a building permit or review of the subdivision by the Planning Commission. Any
conditions required by the City or the TEP will become conditions of building permit
issuance or of the subdivision approval.
Performance Standards
A. Wetland Buffer Strip
A m;n;mum 25 (twenty-five) foot buffer strip from the delineated boundary of a
wetland or ordinary highwater level of a stormwater pond is hereby established. Wetland
buffer strips shall meet the following standards:
i. No structure shall be permitted within the buffer strip.
ii. Alterations, including but not limited to building, paving, mowing,
introduction of non-native vegetation, cutting, filling, dumping, yard waste
disposal or fertilizer application, are prohibited within the wetland and
wetland buffer strip, unless a Vegetation Management Plan or other approval
is granted by the City.
iii. The e ^ property owner shall establish and maintain wetland and
wetland buffer strip vegetation in accordance with the requirements found in
Section
i~ The z4pplie-anf property owner shall maintain the required buffer strip
monumentation at each Lot line where it crosses a wetland buffer strip and at
200 foot intervals along the edge of the wetland buffer strip. Eae13
v. The City, at its sole discretion, may allow nature trails een3grised-e€~
mss, to be located within the buffer strip based on tree locations,
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B. Wetland Buffer Strip Setback
A m;n;mum 20 (twenty) foot setback from the wetland buffer is hereby established by
the Ciry. No structure, principle or accessory, shall be located within this setback.
Paved trails, at the City's approval, maybe located within the setback area.
Fences may encroach into the buffer strip setback, but at no time shall they be allowed
within the wetland buffer.
Vegetation Standards
A. Where acceptable natural vegetation exists in wetland and wetland buffer strip areas,
the retention of such vegetation in an undisturbed state is required unless an Applicant
receives approval to replace such vegetation. A wetland and/or wetland buffer strip
has acceptable natural vegetation if it:
1. has a continuous, dense layer of perennial grasses that have been uncultivated or
unbroken for at least 5 consecutive years, or
2. has an overstory of trees and/or shrubs with at least 80 percent canopy closure
that have been uncultivated or unbroken for at least 5 consecutive years, or
3. contains a mixture of the plant communities described in (1) and (2) above that
have been uncultivated or unbroken for at least 5 consecutive years.
B. Notwithstanding the performance standards set forth above in Subdivision 9 (A), the
City Environmental Administrator ~ and/or his/her designee may determine
existing wetland and/or wetland buffer strip vegetation to be unacceptable if:
1. It is composed of Weeds (including, but not limited to common buckthorn, purple
loosestrife, leafy spurge and/or noxious weeds as defined by Mumesota Statutes,
Sections 18.76-18.88), or
2. Has topography that tends to channelize the flow of surface runoff, or
3. For some other reason it is unlikely to retain nutrients and sediment.
C. Where wetlands and/or wetland buffer strips, or a portion thereof, are not vegetated
or have been cultivated or otherwise disturbed within 5 years of the permit application,
such areas shall be re-planted and maintained. The wetland and wetland buffer strip
landscaping shall be planted according to the City's planting guidelines or the applicant
shall submit a planting plan for approval by the City.
Variances
Refer to variance section.
5:\PLANNING\NRI\WeUand Buffer Ordinance.doc
Transfer of Development Rights Program
Draft, revise l August 3, 2005
Purpose:
The purpose of Elk River's transfer of Development Rights (T'DR) Program is to provide a
voluntary, incentive-base process for permanently preserving rural open space within the
City's corporate limits. Open space provides opportunities for wildlife habitat, aesthetic
value, and preservation of unique natural features and resources. The TDR is intended to
encourage residential development on parcels void of unique natural resources, steep slopes
or other cultural resources.
Eligible Parcels:
Eligible pazcels must be located in the R1a (Single Family Residential) or Al (Agricultural
Conservation) zoning districts. If zoned Rla, eligible parcels must be 5 acres or larger, and if
zoned Al, must be 20 acres or larger. Parcels eligible to receive development credits shall
also be zoned either Rla or Al. At the City's discretion, property owners in other
residentially zoned districts maybe allowed to participate in the TDR program.
Development Credits:
Development credits will be calculated based on the zoning district density. For example, in
the Rla district, a parcel of 40 acres net (after deductions for County right of way and Type
3, 4, or 5 wetlands greater than 1 acre) will yield 16 development credits. The same parcel in
the Ai district would yield 4 development credits. Properly owners may sell their
development credits in phases, but in no case will development credits be sold more than
once. If the parcel contains a residential housing unit, one development credit must be
maintained for that parcel.
Development Restrictions:
Following the transfer of development credits from a pazcel, deed restrictions documenting
the transfer and limiting development and further transfer shall be recorded at Sherburne
County. To further prevent development, a conservation easement shall be placed over the
parcel in favor of an appropriate land trust or the City of Elk River.
Process:
The City's TDR Program is voluntary. The Ciry will maintain a list of property owners
willing to sell their development rights and provide them to developers as requested. The
value of the development credit will be negotiated between the property owner and the
developer. The applicant for a subdivision in the Rla or Al district wishing to use
development credits from another parcel must, as part of the subdivision application,
provide a negotiated purchase agreement for the development credits, a draft conservation
easement for the parcel, and a draft deed restriction for the parcel.
Tree Preservation Ordinance
Findings and Purpose
The Ciry of Elk River fmds that preservation of native trees and woodlands is critical to the
heakh, safety and welfare of the citizens; that development within the City has the effect of
reducing and in some cases eliminating wooded areas, which, if preserved and maintained,
serve important ecological, recreational and aesthetic benefit to residents. The Ciry also
recognizes that a certain amount of significant trees and tree cover removal is an inevitable
consequence of development.
This ordinance has the purpose of:
• preserving native trees and woodlands on individual sites;
• preventing wind and water erosion, slope instability and rapid runoff;
• increasing absorption of air pollutants, contaminant and noise;
• increasing rainfall infiltration;
• providing a diversified environment for marry kinds of animals and plants necessary
for wildlife maintenance and important to aesthetic values and recreational
requirements of the city; and
• promoting energy conservation by providing shade in the summer and windbreak in
the winter.
Definitions
Applicant -Arty person or entity which is required to submit and implement an approved
tree preservation plan.
Builder -Any person or entity to whom a building permit is issued for the construction of a
single family residence.
Clearine -Any intentional or negligent act to cut down, remove all or a substantial part of,
or damage a tree or other vegetation that will cause the tree or other vegetation to decline
and/or die. Such act shall include but not be limited to damage inflicted upon the root
system of the vegetation by the application of toxic substances, by the operation of
equipment and vehicles, by storage of materials, by the change of natural grade due to
unapproved excavation or filling, or by the unapproved alteration of natural physical
conditions.
Construction azea - Arty area in which movement of earth, alteration in topography, soil
compaction, disruption of vegetation, change in soil chemistry, or any other change in the
natural character of the land occurs as a result of the site preparation, grading, building
construction or any other construction activity.
Critical root zone (CRZ~ - A circular region measured outward from the tree with a radial
distance of one foot for every one inch of tree diameter. For specimen trees, the formula
changes to 1.5 feet for every one inch of tree diameter.
Tree Preservation Ordinance
Draft, Augusc I, 2005
Page 2
Crown -the above ground pans of a tree consisting of the branches, stems, buds, fruits, and
leaves. May also be referred to as `canopy".
Developer -Any person or entity other than a builder, as defined herein, who undertakes to
improve a parcel of land, by platting, grading, installing utilities or construction or improving
any building thereon.
Diameter -The length of a straight line measured through the trunk of a tree at 54 inches
above the ground. If the tree splits into multiple trunks below 54 inches, the trunk is
measured at the closest point beneath the split.
Drip line - A vertical line extending from the outermost edge of the tree canopy or shrub
branch to the ground.
Forest management plan - A plan establishing best conservation and management practices
for a landowner.
Forest stand - A contiguous group of trees sufficiently uniform in species composition,
arrangement of age classes, and condition to be a distinguishable, homogeneous unit.
Land alteration -The excavation, grading clearing, filling or other earth change that my
result in:
1. The movement of more than 350 cubic yards of earth where significant trees are
present; or
2. Any alteration of land of more than one foot from the natural contour of the
ground on acry contiguous 450 square feet of ground where significant trees are
present; or
3. Atry cutting or killing of more than 20% of the sign cant trees on any land
within a period of 5 years.
4. Any destruction or disruption of tree cover equal to or greater than 25% of the
total tree cover on arty land within a period of 5 years.
5. Airy other significant change in the natural character or topography of the land.
Significant woodland - A grouping or cluster of coniferous and/or deciduous trees with
contiguous crown cover, occupying One (1) acre or more of property, which are comprised
of deciduous trees between 4 inches and 12 inches in diameter an/or coniferous trees over 8
feet in height.
Single-phase development -The process where improvement of the entire site occurs in one
continuing process. Single-phase development can include initial site grading; installation of
utilities; construction of public streets; construction and grading of drainage-ways; filling any
areas; grading of the pad area; utility hookups; construction of buildings, parking lots,
driveways, storage areas, recreation areas, private streets; and any other activitywithin the
construction area.
Tree - Atry of the following types of trees, as each is defined below:
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Tree Preservation Ordinance
Drab, August I, 2005
Page 3
• "Coniferous/evergreen tree" a woody plant which, at maturity, is at least 12 feet in
height, having foliage on the outermost portion of the branches year-round.
• "Deciduous tree" a woody plant which, at maturity, is at least 15 feet in height,
having a defined crown and which sheds leaves annually.
• "Hazdwood deciduous tree" includes, but not limited to, Ironwood, Catalpa, Oak,
Maple hard, Walnut, Ash, Hickory, Birch, Black Cherry, Hackberry, Locust, Linden
and Basswood.
• "Significant tree" a healthytree measuring a minimum of 6 inches in diameter for
hardwood deciduous trees, 12 inches in diameter for softwood deciduous trees and a
m;n;mum of 12 feet in height for coniferous trees.
• "Softwood deciduous tree" includes, but not limited to, Poplaz, Aspen, Silver maple,
Willow, Elm and Cottonwood.
• "Specimen tree" is a healthy hardwood deciduous tree measuring 30 inches or more
in diameter and a minimum of 50 feet in height for coniferous trees.
Permit Required
No application for preluninary plat, building permit, excavation permit, grading permit, or
any other City approval that results in land alteration shall be considered unless the applicant
for such approval has first obtained a tree preservation permit. Furth~rr~~ no applicatiasz for
P~~~'yP~ mnditiaral use permit ar site plan z~ll ~ mruiclevul if illegal Im7dalteratiorchri oazcrrttl in
the last 5 years.
Tree Preservation Plan
A tree preservation plan shall be approved by the City and implemented for any land
alteration in connection with any of the following:
1. New development in any zoning district.
2. New building construction in any zoning district.
3. Expansion of any commercial, industrial or institutional building or impervious
surface by 10% or greater squaze feet, where an approved tree preservation plan
is not on file with the City.
4. Arty project requiring a grading permit.
Exemptions For Existing Single Family Residences
No tree preservation plan is required for single family residences applying to remodel or
expand an existing building.
The number of trees removed from privately owned land shall be limited to two (2)
significant trees per year, unless an approved Forest Management Plan has been obtained.
Trees removed because they are an obstruction to traffic or power lines, or trees removed
because they pose a hazazd to structures or sewer systems shall be excluded from these
requirements.
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Tree Preservation Ordinance
Drab, August I, 2005
Page 4
Forest Management Plan
An approved Forest Management Plan will be required if more than two (2) significant trees
per year are removed. At a minimum, the plan shall include the following information:
1. A scaled map designazing all forested areas and existing and proposed uses of such
areas.
2. Location of all existing structures, road utilities and driveways on site.
3. A written narrative describing specific reasons for developing the plan ,and how
these actions and activities will affect the forest.
4. Tree replacement plan shall be required if trees are removed without obtaining and
approved Forest Management plan.
Application
An application for a tree preservation permit must be made in writing on a form provided by
the Ciry. For single family lots with existing significant trees or woodlands, a tree
preservation plan shall be submitted for review by staff in conjunction with a building permit
application. For application for preliminary plats, conditional use permits and site plan
applications, the tree preservation plan must be submitted along with the other application.
Submission Requirements
All tree preservation plans shall be certified by a forester or landscape architect. An
application for tree preservation permit shall include the following information:
1. Location of all existing and proposed buildings, structures or impervious
surfaces.
2. Delineation of all areas to be graded or filled and limits of disturbance.
3. A tree inventory depicting the size, species and location of all existing significant
trees, specimen trees and significant woodlands located within the area to be
platted or within the parcel of record. This data should be provided in tabular
form.
4. Identification of all significant trees, specimen trees and significant woodlands
proposed to be removed or impacted by the construction area. This data should
be provided in tabular form.
5. Measures to protect significant trees, specimen trees and significant woodlands.
6. Size, species and location of all replacement trees proposed to be planted on the
property in accordance with the tree replacement schedule.
7. A plan that acairately identifies the location and types of all existing trees and
woodlands to be removed and those to be preserved on the lot or plat. The
drawing shall illustrate where protection devices will be placed and areas to be
used for material and equipment storage.
8. Applicants of new single family residential building permits are required to
submit and individual lot tree preservation plan when significant trees, specimen
trees and/or significant woodlands exist on the site.
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Tree Preservation Ordinance
Draft, August I, 2005
Page 5
Mi~ation
In any development where the limits of the tree removal schedule are exceeded, the
applicant shall mitigate the tree loss by one of the following methods:
1. tree replacement within the development area or affected parcel in accordance
with the tree replacement schedule; or
2. tree replacement in accordance with the tree replacement schedule on other
property owned by the applicant in the City; or
3. tree replacement in accordance with the tree replacement schedule on public
property in the city.
Trees replaced under this requirement shall be in addition to arty other trees required
pursuant to other city ordinances and the subdivision regulations.
Minimizing Tree Loss
Min;m;~;ng the tree loss should be achieved by atry combination of the following:
1. Realignment of streets, utilities and lot lines.
2. Consideration of alternative utility configurations such as the use of ejector
pumps, force mains, or revised home elevations to m;n;m;7e grading.
3. Reductions in street width and right-of-way when the applicant can
demonstrate that significant tree preservation is directly related to the
modification.
4. Variation in street radius and design speed.
5. Modified grading plans.
6. Within PUDs, m;n;mum lot area requirements maybe reduced as long as it
can be demonstrated that significant tree preservation is directly related to
the modification. The overall density of the project shall not exceed what
would be allowed with typical lot sizes.
7. Within PUDs, variations in setback lines maybe allowed as long as it can be
demonstrated that significant tree preservation is directly related to the
modification.
Protective Measures
Required Protective Measures
The tree preservation plan shall identify and require the following measures to be utilized to
protect significant trees, specimen trees and significant woodlands:
1. Installation of snow fencing or polyethylene laminate safety netting placed at the
drip line or at the perimeter of the critical root zone, whichever is greater, of
significant trees, specimen trees and significant woodlands to be preserved. No
grade change, construction activity, or storage of material shall occur within the
fenced area.
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Tree Preservation Ordinance
Drah, August I, 2005
Page 6
2. Identification of any oak trees requiring pruning between April 15 and July 1.
Atry oak trees so pruned shall be required to have any cut areas sealed with an
appropriate non-toxic tree wound sealant immediately after damage occurs. If
cutting or pruning of oak trees is to take place between April 15 and July 1, the
applicant shall provide a disease prevention plan within the tree preservation
plan.
3. Prevention of change in soil chemistry due to concrete washout and leakage or
spillage of toxic materials, such as fuels or paints. Washout areas aze to be
identified on plans and signage of azeas provided on the construction site.
Additional Protective Measures
The following tree protection measures should be utilized to protect significant trees,
specimen trees and significant woodlands intended to be preserved according to the tree
preservation plan:
1. Installation of retaining walls or tree wells to preserve trees.
2. Placement of utilities, where possible, in common trenches outside the drip line of
significant trees, or use of tunneled installation.
3. Use of tree root aeration, fertilizer, and/or irrigation systems.
4. Transplanting of young trees to a protected area for latter moving into permanent
sites within the construction area.
5. Therapeutic pruning.
Inspection
Initial inspection prior to grading. Prior to the issuance of a grading permit, or prior to the
commencement of grading if no permit is required, or prior to the clearing or cutting of
trees, all sites shall be staked and fenced for tree protection per the approved tree
preservation plan and inspected by the city.
Inspection after completion of grading. The developer shall notify the city when grading has
been completed. The city shall inspect the site to verify the preservation of trees as shown
on the approved plan.
Inspection prior to issuance of certificate of occupancy. Prior to the issuance of the
certificate of occupancy the city shall inspect the site to verify the preservation of trees as
shown on the approved tree preservation plan and, if applicable, to verify the planting of
trees per the reforestation plan.
5:\PL4NNING\NRI\Tree Pres Ord 8 I OS.DOC (~
Tree Preservation Ordinance
Drak, August I, 2005
Page 7
Performance Guarantee
Arty applicant of a new development shall provide the required performance guarantee prior
to the approval or issuance of any construction and/or grading permits. If applicable, the
performance guarantee shall be included in the developer's agreement. The amount of the
performance guarantee shall be calculated as follows:
An amount to guarantee preservation of all trees identified by the approved Tree
Preservation Plan to be preserved and all trees within 15 feet of the construction
zone (measured from the construction limits to the nearest side of the tree. The
amount shall be calculated by multiplying the total diameter inches of significant
trees and specimen trees to be preserved and within the 15 foot zone by the rate of
$25.00 per diameter inch and the total square feet of significant woodland to be
preserved by the rate of $1.20 per square foot. A minimum of $1000 for individual
lots shall be required.
The performance guarantee will be released upon verification by the city that the tree
preservation plan was followed and all such requirements have been met. No performance
guarantee shall be released earlier than 2 years after the date that the project is complete.
Tree Removal
Removal of Diseased Trees
Prior to any grading, all diseased, hazardous, and nuisance trees identified on the subject
property by a qualified forester or arbotist shall be remedied as directed by the city.
Allowable Tree Removal
Specimen trees, significant trees and significant woodlands that are destroyed or removed
beyond the following amounts must be replaced in accordance with the Tree Replacement
Schedule:
Single phase development process.
Single unit residential 40%
Multi-family 50%
Commercial, Industrial
Institutional, 60%
Two-phase development process.
Initial site development 25%
Individual lot development.
Single unit residential 15%
Multi-family 25%
Commercial, Industrial
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Tree Preservation Ordinance
Draft, Augusc I, 2005
Page 8
Institutional, 35%
Alternative Tree Removal Schedule.
Removal Thresholds In the following zoning districts listed in Column I, a percentage of
woodland maybe removed without any obligation for reforestation, but only up to and
including the threshold percentage of woodland listed in Column II. If the land alteration
results in woodland removal that exceeds the percentage listed in Column II, then the
applicant shall be responsible for reforestation in accordance with the standards of this
section.
Column I Column II
Zoning District `T'hreshold
Ai and Rla 25%
Rlb, Rlc, Rld, Rle 40%
PUD negotiated
R2, R3, R4 50%
Cl, C2, C3, C4, BP, Il, I2 60%
Tree Replacement
Tree Replacement Schedule
Size of replacement trees
Deciduous Trees: Shall be a m;n;mum of 2'Fz inches in caliper, with a m;~;mum of 50% of
the trees being greater than 4" in caliper.
Coniferous Trees: Shall be a m;n;mum of 6 feet in height, with a m;n;mum of 50% of the
trees being greater than 10 feet in height.
Size of trees damaged or destroyed Number of replacement trees
Hardwood Deciduous, 6"-20" diameter 8
Hardwood Deciduous, 21"-30" diameter 16
Specimen Tree, Hardwood Deciduous 24
Softwood Deciduous, 12"-24" diameter 4
Softwood Deciduous, greater than 24" 6
Coniferous, 12'-24' high 6
Coniferous, 24' or higher 12
Specimen Tree, Coniferous 18
Replacement trees shall be primarily native hardwood deciduous trees. Softwood deciduous
trees may be used for replacement if the ecology of the site lends itself to their use.
Coniferous replacement trees shall only be used for screening purposes.
Significant woodland replacement
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Tree Preservafion Ordinance
Drah, August I, 2005
Page 9
Where replacement of a significant woodland is required, the applicant shall be responsible
for furnishing and installing two trees 4 inches or greater in caliper for every 2500 square feet
of significant woodland removed (17.42 trees per acre).
Species requirement. Where ten or more replacement trees are required, not more than 50%
of the replacement trees shall be of the same species of tree without approval of the city.
Warranty requirement. Any replacement tree which is not alive or healthy, as determined by
the city, or which subsequently dies due to construction activity or lack of watering within 1
year after the date of project closure shall be removed and replaced with a new healthy tree
meeting the same minimum size requirements within S months of removal.
Replacement. Trees subject to replacement pursuant to this section shall be in addition to
landscaping requirements of the City Code.
Appeals
If the applicant and the city staff are unable to reach agreement with respect to interpretation
or enforcement of this Section, the matter will be referred to a Tree Advisory Comtmttee.
The Committee's resolution of the matter shall be final, unless appealed to the City Council
by either the applicant or the city staff.
Violations and Enforcement
See Section 900.46 City Code of Ordinances.
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Natural Resource Inventory Task Force
Recommendations to the Planning and Parks and Recreation Commission
Findings of Fact
In August 2004, the Elk River City Council adopted a revised Comprehensive Land Use
Plan.
In December 2004, the Elk River City Council accepted the Elk River Natural Resources
Inventory and its recommendations, including the identification of high quality natural areas.
Both documents recommend that the City of Elk River pursue establishment of a greenway
system for the preservation of natural resources and use by the public as trails.
The Task Force acknowledges that implementation of the greenway system will need to be a
public/private partnership and that market forces may be utilized.
Recommendations
1. Preserve existing, high quality natural areas (identified as A and B in the inventory)
through modifications to the subdivision ordinance, incentives in the open space
preservation (cluster) subdivision requirements, park dedication requirements,
conservation easements, or outright purchase as recommended.
2. Establish a voluntary Transfer of Development Rights Program to allow property
owners to sell their development rights to others for use.
3. Adopt a wetland buffer ordinance to prohibit encroachment into and degradation of
wetlands.
4. Adopt anecology-based tree preservation ordinance that sets high priority on
preserving native trees and woodlands.
5. Modify the subdivision ordinance to:
• Require cluster subdivisions on parcels containing high quality natural sites
(A&B)
• Require developers to update the natural resources inventory information on
their site, including the qualitative ranking and submit it in electronic format
for inclusion in the City's inventory
6. Modify the open space preservation (cluster) portion of the subdivision ordinance to
increase the number and the amount each density bonus is worth by modifying the
following bonuses:
• Set the endowment level at a minimum $5,000 (3% bonus versus current 5%)
• Provide public access to trails, parks, water bodies, or other recreational
facilities (7% bonus versus current 5%)
• Provide an additiona110 percent open space (5% bonus as now)
NRI Drak Recommendations
Page 2
Reusing existing buildings and structures or preserving specific site features
of local historical or cultural significance (3% bonus versus 5%)
Creating an architectural them through the use of architecture, architectural
details, or landscaping (3% bonus versus 5%)
Maximum lot size of'h acre (5% bonus as now)
And by adding the following bonuses:
• Submitting and implementing a restoration and monitoring plan for C & D
quality natural areas within the subdivision (10% bonus)
• Increasing the required wetland buffer areas (2%)
• An additional 5% bonus maybe given to projects detemuned by the
Planning Commission to be unique in their design, concept, or expressing
great creativity.
5:\PLANNING\NRI\NRI Task Force Rec.doc
Draft August 1, 2005