6.8. SR 12-16-2002City
Item #
MEMORANDUM
TO:
FROM:
DATE:
Mayor and City Council
Scott Harlicker, Senior Planner?~7/]l
December 16, 2002
SUBJECT:
Case No. OA 02-07
Ordinance Amendment to Establish a Tree Preservation
Ordinance
Request
Consider an ordinance amendment to establish a Tree Preservation Ordinance.
Attachments
Proposed ordinance
Overview
Background
The Tree Preservation Ordinance is intended to address the issue of tree removal and tree
preservation. By setting standards for tree removal and tree preservation the ordinance
attempts to ensure the health, safety and welfare of the residents as well as preserve the city's
rural character.
Issues
Two significant issues will have to be considered while looking at the proposed tree
preservation ordinance. The first is a policy decision regarding whether the City Council feels
that the city should be more involved with regulating the removal of trees. The second issue
is budgetary and involves staffing for administering and enforcing the ordinance. There will
also be increased costs for developers and residents that have to prepare a tree preservation
plan.
Memo to Mayor and City Council/OA 02-07
December 16, 2002
Page 2
Existing Regulations
The City Code currently addresses tree removal in two separate sections. The landscape
ordinance includes the following section:
"In order to retain, as far as practicable, substantial tree stands as part of urban development,
a tree preservation plan should be submitted to the city prior to removing trees or
commencing construction."
The subdivision ordinance also includes a section on tree preservation:
"Existing healthy trees and native vegetation on site shall be preserved to the maximum
extent feasible and shall be protected by adequate means during construction."
Both of these sections are very general and provide no specific guidelines for what is meant
by the phrases "as far as practicable" and "to the maximum extent feasible". The proposed
ordinance includes very specific and quantifiable numbers regarding how many trees can be
removed. Neither existing section includes tree replacement guidelines; the proposed
ordinance includes a tree replacement schedule. The proposed tree preservation ordinance
would not replace the existing sections that address tree preservation, but would be in
addition to the existing sections. The proposed ordinance also regulates tree removal on
existing single family residences where the current ordinances do not.
Staffing
The implementation and enforcement of the proposed ordinance would require additional
staff time and possibly additional staff. The staff person charged with administering and
enforcing the ordinance should have background/experience in forestry or horticulture.
Costs
The proposed ordinance will result in additional expenses incurred by developers and
residents. There will be costs associated with the preparation of the tree preservation plans
and the cost of the performance guarantee.
Summary of Ordinance Provisions
The Tree Preservation Ordinance establishes rules and regulations regarding tree removal
and tree preservation. A permitting process is established. Included as part of that process
are guidelines on when a permit will be required, in which cases exemptions are allowed and
what information needs to be included with the application. Parameters for the removal of
trees are established; any specimen trees, significant trees and/or significant woodlands that
are destroyed or removed beyond those limits shall be replaced per the tree replacement
schedule. An inspection process and performance guarantees are also included. Staff
decisions can be appealed to the Board of Adjustments.
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Memo to Mayor and City Council/OA 02-07
December 16, 2002
Page 3
Single Family Residences
Single family residences applying to remodel or expand an existing building are not required
to apply for a tree preservation permit. However, if a single family residence applies to
construct a new building and it impacts more than 2 significant trees, a tree preservation
permit is required. Single family residences are allowed to cut down 2 significant trees per
year up to two years before they need to apply for a tree preservation permit. If they want to
cut down more than 2 trees per year for more than two years, a forest management plan is
required.
Subdivisions/Commercial and Industrial Development
This ordinance is aimed primarily at subdivisions, and commercial and industrial
developments. These types of projects will be allowed to remove a specific percentage of
trees on a site by right. Should the development exceed that allowed percentage, the
developer will be required to comply with the tree replacement schedule.
Recommendation
The Planning Commission recommended that the City Council approve the ordinance
amendment establishing the attached Tree Preservation Ordinance.
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ORDINANCE 02 -
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING
SECTION 900.30(7) AND SECTION 900.08 OF THE CITY CODE OF ORDINANCES
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 900.30(7) titled, Preservation of Woodland Areas, of the City of Elk
River Code of Ordinances shall be amended read as follows:
Sec.900.30(7) Tree Preservation
(a) Findings and Purpose
The City of Elk River finds that preservation of trees and woodlands is critical to the
health, 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, provide important ecological, recreational and aesthetic benefits to
residents. The City also recognizes that a certain amount of significant trees and tree
cover removal is an inevitable consequence of development.
The purpose of this ordinance is the following: To preserve woodlands and trees on
individual sites; protect the safety of residents by preventing wind and water erosion,
slope instability and rapid runoff; promote the health of residents by absorption of
air pollutants, contaminant and noise; protect the welfare of residents by increasing
rainfall infiltration; provide a diversified environment for many kinds of animals and
plants necessary for wildlife maintenance and important to aesthetic values and
recreational requirements of the city; and promote energy conservation by providing
shade in the summer and windbreak in the winter.
(b) Tree Removal Permit
(1) Permit Required
(a) No person shall cut down or affect any significant tree or significant
woodland without obtaining a tree removal permit.
(b) No application for any city approval that will result in land alteration as
defined herein shall be considered unless the applicant for such approval
has first obtained a tree removal permit.
(2) Exemptions
document2
(a) No tree removal permit is required for single family residences applying
to remodel or expand an existing building.
No tree removal permit shall be required to expand an existing
commercial, industrial or institutional building or the impervious surface
on existing commercial, industrial or institutional properties by 10% or
less.
No tree removal permit shall be required to remove no more than two
significant trees in any calendar year from privately owned land. No more
than four significant trees shall be removed over a 10 year period.
No tree removal permit shall be required to remove trees because they
are an obstruction to traffic or power lines, or trees removed because
they pose a hazard to structures or sewer systems.
(3) Application for Tree Removal
(a) An application for a tree removal permit must be made in writing on a
form provided by the City of Elk River.
No tree removal permit shall be issued unless a forest management plan
or tree preservation plan has been approved, as provided by this
ordinance, or city staff has determined that neither a forest management
plan or tree preservation plan is required.
(4) Failure to Obtain Tree Removal Permit
Failure to obtain a tree removal permit as required by this ordinance
prior to removal of one or more significant trees from a property, shall
be grounds for requiring additional tree preservation or replacement in
connection with the approval of a forest management or tree
preservation plan or the approval of a tree removal permit or any other
city approval that will result in land alteration
(c) Forest Management Plan
O)
An approved Forest Management Plan will be required if more than two (2)
significant trees per year are proposed to be removed from any private
property. At a minimum, the plan shall include the following information:
1. A scaled map designating 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.
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(d) Application
A tree preservation plan shall be required for any city approval which will
result in land alteration requiring a tree removal permit. 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 applications for preliminary plats, conditional use permits
and site plan aaprovals, the tree preservation plan must be submitted along
with the other applications.
(2)
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 accurately 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.
(3)
In any development where the limits of tree removal pursuant to the
schedule in the approved tree preservation plan 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.
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Trees replaced under this requirement shall be in addition to any other trees
required pursuant to other city ordinances or subdivision regulations.
(5)
(6)
Minimizing tree loss should be achieved by any 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 minimize
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, minimum lot area requirements may be 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 may be allowed as long as it
can be demonstrated that significant tree preservation is directly
related to the modification.
If illegal land alteration or tree removal without a permit has occurred on
property in the last 5 years for which a city permit or approval is sought,
issuance of the permit or approval sought may be subject to one or more of
the following conditions: 1) doubling of the tree replacement requirements;
2) preservation of additional trees.
Required Protective Measures
(a) 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.
2. Identification of any oak trees requiring pruning between April 15
and July 1. Any 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
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(e)
(1)
areas are to be identified on plans and signage of areas provided on
the construction site.
Additional Protective Measures
(a) 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.
Tree Removal Requirements
Inspection
(a) 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.
(b) 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.
(c) 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.
Performance Guarantee
(a) Any 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 developers agreement. The amount of the performance
guarantee shall be calculated as follows:
(b) 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
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(3)
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.
(c) 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
(a) Prior to any grading, all diseased, hazardous, and nuisance trees identified
on the subject property by the city shall be remedied as directed by the city.
(b) 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,
Institutional, 35%
(1) Tree Replacement
(1) Tree Replacement Schedule
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Size of trees damaged or destroyed Number of replacement trees
Category A/Category B/Category C
1 2 4
Coniferous, 12'-24' high
Coniferous, 24' or higher 2 4 8
Specimen Tree, Coniferous 3 6 12
Hardwood Deciduous, 6"-20" diameter 1 2 4
Hardwood Deciduous, 21"-30" diameter 2 4 8
Specimen Tree, Hardwood Deciduous 3 6 12
Softwood Deciduous, 12"-24" diameter 1 2 4
Softwood Deciduous, greater than 24" 2 4 8
Significant woodland replacement
Where replacement of a significant woodland is required, the applicant shall be responsible
for furnishing and installing one category A replacement tree or two category B replacement
trees or four category C replacement trees for every 125 square feet of significant woodland
damaged or destroyed, or any increment thereof.
Size of replacement trees
Category A trees shall be no less than the following sizes:
Deciduous trees - not less than 4 inches in diameter
Coniferous trees - not less than 12 feet in height
Category B trees shall be no less than the following sizes:
Deciduous trees - not less than 2 ~h inches in diameter
Coniferous trees - not less than 6 feet in height
Category C trees shall be no less than the following sizes:
Deciduous trees - not less than 1 ~ inches in diameter
Coniferous trees - not less than 4 feet in height
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.
(3)
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 8 months of removal.
Replacement. Trees subject to replacement pursuant to this section shall be
in addition to landscaping requirements of the City Code.
(f) Appeals
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(1)
Appeals from determinations of the city staff under this ordinance shall be
referred to the Board of Adjustment pursuant to Section 900.40 of the City
Code of Ordinances.
(g) Violations and Enforcement
(1) See Section 900.46 City Code of Ordinances.
Section 2. Section 900.08 titled, Definitions, of the City of Elk River Code of Ordinances shall
be amended to include the following definitions:
Clearing - Any intentional or negligent act to cut down, remove all or a substantial part of,
or damage a significant tree or woodland that will cause the tree or woodland to decline
and/or die.
Construction area - Any 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.
Crown - the above ground parts of a tree consisting of the branches, stems, buds, fruits, and
leaves. May also be referred to as 'canopy".
Diameter - The diameter of a tree measured 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 to the
ground.
Forest management plan - A plan meeting the requirements of this ordinance and
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 topographic change to
land that will 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 any contiguous 450 square feet of ground where significant trees are
present; or
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3. Any cutting or killing of more than 20% of the significant 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 any land within a period of 5 years.
5. Any 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 1000 or more square feet of property, which are
comprised of deciduous trees between 4 inches and 12 inches in diameter an/or coniferous
trees over 4 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 activity within the
construction area.
Tree - Any of the following types of trees, as each is defined below:
"Coniferous/evergreen tree" a woody plant which, at maturity, is at least 30 feet in
height, with a single trunk, fully branched to the ground 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, with
a single trunk, unbranched for several feet above the ground having a defined crown
and which loses leaves annually.
· "Hardwood 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 healthy tree measuring a minimum of 6 inches in diameter for
hardwood deciduous trees, 12 inches in diameter for softwood deciduous trees and a
minimum of 12 feet in height for coniferous trees.
· "Softwood deciduous tree" includes, but not limited to, Poplar, 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.
Section 3. That this ordinance shall take effect upon publication as provided by law.
Passed and adopted by the City Council of the City of Elk River this __ day of ,2002.
Stephanie Klinzing
Mayor
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Attest:
Sandra A. Peine
City Clerk
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