5.7. SR 01-27-2003City
Item # 5.7.
MEMORANDUM
TO:
FROM:
DATE:
Mayor and City Council ~~
Scott Harlicker, Senior Plann
January27,2003
SUBJECT:
Case No. OA 02-07
Ordinance Amendment to Establish a Tree Preservation
Ordinance
Request
Staff is requesting Council input on changes to the proposed City Tree Preservation
Ordinance and proposed Tree Ordinance.
Attachments
· Matrix comparing proposed draft City ordinance with draft ordinance prepared by
Ron and Yvonne Halpaus
· Matrix comparing tree ordinances from other cities
· Proposed City Tree Preservation Ordinance
· Halpaus Tree Preservation Ordinance
Other Cities Ordinances
· Proposed City Tree Ordinance
Overview
Tree Preservation Ordinance
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 by protecting its trees.
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, what 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 the limits in the tree preservation plan 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.
Tree Ordinance
The Tree Ordinance establishes rules and regulations to ensure the health of public trees and
shrubs and promote, maintain and improve the urban forest resource. It establishes a Tree
Advisory Committee, and the position of City Forester. A community tree ordinance is
required for the city to be recognized for the Tree City USA program.
The Tree Ordinance includes definitions of terms that are used in the ordinance. It
establishes the Tree Advisory Committee and the position of City Forester. Duties of the
Committee and the City Forster include planning and implementing an annual work plan,
advising the City Council and other commissions on issues relating to trees, educate citizens
and promote tree care, issue permits under this section, develop and maintain a tree
inventory and inspect and control nuisance trees. The Tree Advisory Committee will also
hear appeals of any person who disagrees with the decision of the City Forester. The
Ordinance establishes a licensing procedure for businesses engaged in planting, cutting and
trimming trees. The Ordinance creates regulations and a permitting procedure regarding tree
planting, maintenance and removal.
Comparison Between the Two
· The Tree Ordinance addresses tree planting, tree maintenance and tree removal on
public property and maintenance and removal of trees and shrubs that constitute a
hazard on private property.
· The Tree Preservation Ordinance addresses tree removal and replacement on private
property.
Tree Preservation Plan
Tree Preservation Process
The process of drafting the Tree Preservation Ordinance was started in February 2001. A
Tree Preservation Task Force was established with the goal of drafting a tree preservation
ordinance. The Task Force consisted of the following:
Louise Kuester, City Council
Joe Schuster, Planning Commission
Tim Edgeton, Sherburne County Forester
Stoffel Reitsma, Resident
Ron & Yvonne Halpaus, Residents
Jim Brown, Dynamics Design and Land Company
The Task Force met monthly for the next eight months to discuss the proposed ordinance.
The Task Force examined tree preservation ordinances from 12 cities and the one drafted by
Ron & Yvonne Halpaus. The Task Force then utilized what they thought were the most
appropriate sections and complied them into the proposed ordinance. The City Attorney
then reviewed the draft ordinance and suggested changes to the permitting process and
general organization of the document. The draft included in the packet includes the City
Attorney's revisions.
Issues
Private Property Rights
To what extend does the City want to regulate private forests? Also related to that issue is
does the City want to allow for exemptions for existing single family houses and if so to
what extent? Should all existing single family houses be exempt including new structures or
should it be limited to expansion of existing structures and remodeling?
· Different Restrictions based on ownership
Should a 40 acre private parcel have less restrictions than a 40 acre development parcel?
What if the landowner is also a developer?
Staffing Issues
The implementation and enforcement of the proposed ordinance would require additional
staff time, possibly additional staff and staff training. The staff person will need a forestry
background in order to properly and efficiently review tree inventories, tree preservation
plans and tree replacement plans. Staff time will also be spent on inspections, and
collecting/tracking/releasing the performance guarantees.
Other Methods of Tree Preservation
Other ways to help protect trees that would not require a detailed tree preservation
ordinance would be to evaluate the type of zoning for wooded parcels or to include stronger
language in the subdivision ordinance requiring developers to "design with the land".
Tree Ordinance
Tree Ordinance Process
The process of drafting the proposed Tree Ordinance was started in late fall 2001. Staff
utilized a CD provided by the Tree Trust that allows the user to draft a tree ordinance. The
CD contains over 1,800 examples from other communities across the country. Staff was able
to select and edit the examples and compile them into an ordinance that was unique to Elk
River. The Planning Commission reviewed the proposed ordinance at two workshops during
the Spring and Summer of 2002 and at a formal public hearing in November 2002. The
proposed ordinance still needs to be reviewed by the City Attorney. Prior to sending it to the
Attorney, staff is seeking feedback from the Council and we will incorporate any suggestions
into the ordinance.
Issues
· Staffing
The same staffing and budgetary issues are applicable to the implementation of this
ordinance as outlined for the proposed Tree Preservation Ordinance.
Licensing Requirements
The proposed ordinance establishes very strict and specific licensing requirements for
businesses and individuals doing tree trimming, removing or treating trees in the City.
Requesting Action
Staff is seeking Council input and direction on how to proceed with the proposed Tree
Preservation Ordinance and initial feedback on the proposed Tree Ordinance.
Tree Preservation Ordinance Comparison
Staff Draft and Halpaus Draft
No reference to construction and development Introduction similar to staff draft, refers to
Findings/Purpose s~tes construction and development sites
Definitions Same as Halpaus' draft Includes definition for two-phase development
Required for new development,
redevelopment, new building construction, or
Required for removal of significant trees or the expansion of commercial, industrial, or
Tree Removal significant woodlands, or submitted in institutional building of more than 10%
Permit addition to a grading or land use permit impervious surface, or grading permit
Exempts single family home expansions or
remodeling, removal of two significant trees
per year,, expansiont of commercial,
industrial, or institutional buildings of less Exempts additions, new accessory structures,
than 10% impervious surface, or removal of or expansion of grounds in single and two-
trees due to their obstruction or hazard family zoning districts
Forest Required for removal of more than two
Management Plan significant trees per year Not required
Same, except that for new single family or two
l~ree Preservation Prepared by a forester or a registered landscape family home construction, the plan does not
Plan architect need to be prepared by a professional.
Remedies for removing more trees than
identified in the tree preservation plan Not included
Provisions for minimizing tree removal Not included
Penalties for illegal land alteration or tree
removal Not included
Protective Installation of snow fence, identification of
Measures, Oak Wilt trees requiring priming, preservation
Required of soil chemistry Included
Retaining walls, joint trenches for utilities
Protective located outside of drip lines of trees, tree
Measures, aeration, fertilization, irrigation, temporary
Optional tree relocation, therapeutic pruning Not included
Inspections Three detailed inspection points One required inspection
For significant trees, total diameter inches X
$25.00, for significant woodlands, total square
Performance feet X $1.20 per foot. Individual/single family Same, not required for single family or two
Guarantee lots would pay a minimum of $1,000. family building permits.
Single family: 45%, Multi family, Commercial.
Allowable Tree Single family: 40%, Multi family: 50%, Industrial: 50%, Institutional, Public, PUD:
Removal .Commercial, Industrial, Institutional: 60% 60%
Free Replacement
Ratio ;ame as Halpans' draft Same as Staff draft
Technical Review Committee (applicant, staff,
Appeals Board of Adjustments County Forester)
Violations Existing penalties in City Code Existing penalties in City Code
TREE PRESERVATION PLANS
NAME OF CITY INCLUDE SINGLE REGULATE TREE PROFESSIONAL PROFESSIONAL PERFORMANCE ALLOWABLE TREE
FAMILY CUTTING ON INVENTORY PLAN GUARANTEE REMOVAL BASED ON:
RESIDENTIAL PROP.
Savage Yes - no Yes - No more than Yes Yes Yes Use
exemptions 20% w/in 5 years
Blaine Yes - no Yes - 2 per year no Yes Yes Yes Zoning
exemptions maximum number
Shakopee Yes -new buildings No Yes Yes Yes Use
additions and re-
models exempt
Plymouth No - new No Yes Yes Yes Use
development
Lakeville No - new No Yes Yes Yes No allowable tree
development removal
Chanhassen No - new Yes Yes Yes Yes Use
development
Inver Grove Heights Yes - only land Yes - 25% site No No Yes Zoning
alteration
Eagan Yes - Residential No Yes; S.F. Yes; S.F. Yes Use
building permits individual lots No individual lots No
Stillwater No - unless Yes Yes Yes No Use
variance
Otsego No - only subdiv. No Yes Yes Yes No guidelines
and new homes
Eden Prairie Yes - land Yes Yes Yes Yes Based on definition
alterations of "land alteration"
Victoria Yes Yes -any significant Yes Yes Yes No allowable tree
trees removed must removal
be replaced
7YES 5NO 7YES 5NO 11YES 1NO 11YES 1NO 'IIYES INO
Elk River YES YES YES YES YES USE
Excel~s:planning~surveys\tree preservation
12/~8/2001 11:29 FAX ~528822555
Section 4-3-1:
Section 4-3-2:
Section 4-3-3:
Section
Section 4-3-5:
Section 4-3-6:
section 4-3-7:*
Section 4-3-8:
Section {-3-9:
Section 4-3-10:
Section 4-3-11:
Section 4r3-12:
Section 4-3-13:
Section 4-3-14:
Section 4-3-15:
Section 4-3-16:
'Section 4-3-17:
Section 4-3-18:
Section 4-3-19:
Section 4-3-20:
CI~ OF SAVAGE
(IIIA.~'t"gP,. 3
TREE REGULATIONS
I1- 15- qq
TREE PRESERVATION
Purpose
Intent
D~finitions
~ntry on Private Prope.~cy/Interference
with Inspection
Tree Preservation Permit
Conditions of Permit
Allowable Tree Removal
Tree Replacement Formula/Criteria
Security
Public Planting
TREE DISEASES
Declara%ion of Policy
Nuissnce Declared
~batement Req~lired
Tree Inspector
Interference Prohibited
Diagnosis
Procedure for Abatement and Removal
Oak Wilt Prevention
Transport Prohibited ,
Violations an~ Penalty
TREE PRESE_R_VATION
4-3-1: PURPOSE: It is the purpose' of this chapter to
promote species diversity, to minimize erosion
'caused by'construc2ion activi~ies,'to allow for the development of
wooded areas but in a marn~er =hat best'mitigates' the removal and
destruction of trees, to provide thereby incentive for creative
land use and site design, to provide for the administration and
enforcement of such regulations and, in general, ~o promote and
protect the public health, safety and welfare.
4-3-2': INTENT: In order to protect and preserve the
· .natural environment and beauty of ~he city, it is
intended that regulations contained herein shall apply to'all such
land'alterations defi~e~ by Section 4-3-3-J,. including but not
limited to land subdivision, build/ng permits,, excavations,
clearing, grading and drainage, erosio~ control, construction of
roadways or public utilities. ..'
4-3-3: D~FINITIoNs: The following words, ~erms, phases
when used. in this chapter, except where the context
suggests a different meaning, ~hall have the meanings ascrlbe~ to
uhem, as follows:
· Applicant" means the person who is applying for a tree
Dreservation p~rmit.
"Building parameter" means =he footprinu of'~he building plus
a distance'no: tO exceed zwenty (20) feet in each direcnion
12/.18/2001 11:29 FAX 9528822656 CITY OF SAVAGE ~003
S~
thereof. The area of disturbance on either side of a
driveway, When added together, s..hall not .exceed 20 feet.
"Caliper inches" means the length of a straight line measured
through the tree six (6) i~ches above the root ball, up to and
including foUr-inch caliper size
,'Canopy" means the horizontal extension of a ~ree's branches
in all directions from its t~nk.
"Council" means the City Council Or its designee.
"Diameter at breast height/d.b.h." means the width of a tree
trunk measured four and one half (4.5) feet above the ground.
"Drip line" means an imaginary vertical line that extends from
the outermost br~nches of a tree's canopy to the ground.
"Forester" means the city forester and/or his/her designated
representative. ~
"Land/parcel of land" means an entire lot, as defined by the
zoning ordinance, on or within the boundaries of which land
alteration has occurred or is to occur.
"Land alteration" means any excavation, grading, clearing,
filling or other earth change that may result in:
The movement of more than three hundred fifty (350) cubic
yards of earth where significant trees are present; or
Any alteration of land of more than one foot from the
natural contour of the ground on any con=i~uous four
hundred fifty (450) square feet of ground'where
significant trees are present; or
Any cutting, removal or killing of'more than twenty (20)'
percent of the significant trees on any land within a
period of five years.
"Lost significant tree" means a significant heal~hy tree lost
as a result of:
Grade change or land alteration, whether temporary or
permanent, greater than one foot, measured vertically,
affecting thirty (30) percent (as m~asure~ on a
horizontal plane) or more of the tree'~ root zone; ob
Utility construction (i.e., sewer, water, storm sewer,
gas, electric, telephone, cable TV and trenching)
resulting in the cutting of thiray (30) percen~ or more
of the tree's roots within the roo~ zone; or
Mechanical injury to the trunk of a significant tree
causing 10ss of more than twenty (20) percent of the
bark; or
Compaction of nJ_~ety (90) percent of proctor (moisture
density %est) to a depth of six (6) inches or mor~, of
~ixty (60) percent or more of the surface of the soil
within a significant tree's root zone.
12/~8/2001 11:29 FA~ 9528822656 CITY 0P SAVAGE ~004
"Root zone" mea~ thc arca undcr a tr=c which is at or wi*hl- the drip line of a ~e's ~.
"Si~ificant tree" meam any healthy deciduous tr~e (~cept :Rnsdan Olive, Cottonwood, Box
Elder, Mulben-y a~d elm) mcamn-ing six inohes in di~eter or great, or a coniferous tree
measuring four inches in diameter or greater.
"Sp~ncn ~" m~s a pa~ic~,!~ty ~sive or unusual example of a ~ecies duo to its
size. shape, age or any other trait that epitomiT~s thc character of the species.
O. "Tmc i~pector" me~m the oily ~r~ inspector and/or his/her dcsig~tcd representative.
"Tree inventory" me'~_s an inventory of all si~ificant tr~es and wooded lots in an area of
developmcnt, to include specimen trees.
Q. "Tr~c Runic" me,~. thc stem portion of a tr~ from th~ g~ou~.d to the/mt brdnch thereof.
"Trees and shrubs" mcam all vegetation, deciduous or conifc~us (except l~wn grass a~d
flowers) gr~a~ ~ 2,~ inch~ in'b~ight.
4-3-4: ENTRY ON PRIVATE PROPERTY AND INTERFERENCE WITH
INSPECTION:' Tim ~ and/or his/her agent may ~nter upon pr/va~ premi-=es
at any reasonable time for ~he purpose ofcarry~g out fl~e duties assigned by ~bi~ chapter. No person
~hall !m~go~ahly hinder, prevent, delay or interfere with the city forester or hi.~n- agents while
engaged in the execution or ev. fo~ of this section.
4-3-5: TREE PRESERVATION PERMIT REQUIRED: It is ~mlawful for any person
to engage ' .digctly or indirectly in land altcratio~ as da6~ by Section ~-3-3-I, unless
such person shall first apply to and obt~ from the city forester, in thc manner herein provided, a
t~ pressmen permit Furth. ct, no application for a,~ plat, build/ng pa?nit, ~xeavatiorA
permit, grad/ng pe.,mi~, or any other city approvalwhich ~asults in land alteration d~fm~d by Section
4-3-3-I sb.~ be cons/tiered unless thc applicant for such appwvaI b,s first obtained a tree
preservation p~mit,
Couc~pt Plan ~: The u~e'preservation pemunit shall i~clud~ a concept plau or
illustrating the g~ne~al site layout, incluai-g stresses, pondiu§ aud building dtu~,
considering tree preservation, th~ following concepts sh~ll be adhered to:
Identify forest stands ami specimen trees (deter~i,~d through required tree
invealory) that ag most wurthy ofpreserwation.
Locate roads, building footprints, pm-king areas, stom~water basins and utih'ties so
as to mi-imize their impact on siguificant U~es,
Prese~e trees in groves or clu~ rcco4,nizi-g that survivability is greater for groups
of trees than for individuals.
M~ipulate Fmposcd grading and the limits of disturbanc~ by cl~?m~i~.g the
elevation/local, 'on of building p.d% pa~inE lots, and stm~ts, ami comider thc usc of
remi~i~g walls'to ~ thc impact of tr~.,s.
5. · Rev/ew all construction factors that ;,~3uence tr~e surviv~.
12(18/2001
B,
11:29 FAX 9528822656 CITY 0B SAVAGE ~005
Form of applicafica: ApPlication for a ~ prcsc~aticn permit .~h~ll be made in writing to
the city forester on a form provided by the City. Thc applicant shall set forth thc'locaIion
and plan for the proposed !~_,'! a).tcra4iom to include: - : ·
i. The name ~d address of thc p~soa applying for the permit;
The ~ne(s) ~ *d~(m) of thc o,~n~) of ~ ~ sttl:doct to ~ la~4
The estimated period of time within which the land alterat/c~s will be conducted.
A certificate of survey of the Iandon which the proposed h~rI alteration is to occu~
~howing the following:
~ location,/zo ~ cloution of building
The location of the ex/sting sign/i/cant u~cs to bc savcd and the location of
l~t~/w tree fencing a~ the root zone of such
The location,of rep~cnt tr~cs;
rela~g to tho proposed use of tho land !~.!.,,~ti~g tile .t~e ofbuilding or
thereon or contemplated to be built thereon.
A t~: invcnU~, ccrafied by a l~,,~esota registered land, ~m~yor, civil en~-eer,
Iau~c-.~p~ a~.hit~ or forcs~r d~pict/n~:
Thc size. ~cciu, coniiiio~ and location on tho land of all ai~!i%ant t~ees
and designated specimen trees. Forest mcnsm-ation methods may be used to
cslcuhte total diamotcr inches o£t~ees when i~ has been de~m~-~l (through
thc rovicw of the plai: mat:} and other documents) that areas witM~ the subject
parcel of land, but ou~ide of ~ to bo altcrcd/gradcd, will not be
~croached upom' Such detain/nation must be c _o,~._ ._,m._~iby thc city for~cr.
Such areas will be required to comply with all other requirements of this
documcnt'including protective fencing procedur=s.
Alree preservai0n plan which coincides with neccssary e~ine~ documc~ such
as mpoBraphy, wetland infonnaiion and Bra_.di_pg pis, s, and includes:
A list of ali significant trees which will be lost due to thc proposcd land
~on.
be
Th~ nnrnbcr, typo, size and location ofir~ea rcquized to'bo r~pla~cxt ~t
to ~i_, chapter.
Dedgnated site fur material storage, debris disposal, vehicle parking, bum lncati~
and x~li-mix Uuck w-~ab.-out
Ifrcquest~ by the City, lin'ge scale phns, including specific smmturc typ~, location
md elevation tt~ may be rcqu/red to adcqu~ly det~-,:-,~e tree impact.
Fees: Fee~ fur a trcc preservation per~it shall be established, and ~om fi,~e to ti~c
12/18/2001 11:39 F.~ 9528822658 CIting OF SAVAGE ~006
'D.
4-3-6
Issuance of P~'mit
The application for a tn: preservation permit shall be required along with aFplicaticm
for prelimimcy pla: Approval shall be given based upon tl~ following:
Payment of the application f~e;
Provision of the security as nxtuired by Section 43-9.
Substantial likelihood that the applicant will be able to comply with the rules
and reguI~ons of thi.~ cl~pter.
2. The permit, wl~ ismmd, .~h_~l! clearly desex'be:
a. The tim~. period within which thc land altemfiom are to be completed;
b. Th~ type and location of lost significant.trees;.
c. The type and location of any ~ saved:
d. The type and future location ofreplac, xan~ trees.
e. Location and type of protective devices to be used duriug construction
activities to prote~t tr~s designated for pr~ervation.
f. Designated site desto'bed by Section 4-3-5-A(8)..
g. Any changes a,~d/or conditions d~m~i~ed through ttm revi~wproc~ss and/or
site ansdy~is.
CONDITION8 OF PERMIT: Tile iss,,?n~e of a tree pres~zation peamJt sb_a!! be
subject to ami conditioned upon comp.liance by the applicant with the following:
A pre-construction meethag, on site.with the city forestm-, which entails a pres~'ntation of
proposed wad alig~ts, prot~ivo measur~ to e~pment operators, conslanaction
superuisors and development representative.
(Deleted by Ord*,~,,,ae 513).
Safeguarding saved trees. 'TI~ permit shall delineate the loca~im of(existing) si~or~*icant
trees that are to be saved and protec~dve tre~ fane/ag (at the root zone of tre~s) that have
been/will be installed. No encroachment or trem~g shall occur within the protected zone
of the trees to be saved. The imtallalion of tree protection fencing may bc rextuked prior to
sic clearLug and grading. ..
_T.n_ ~ecfions: The forester shall k~pect the site of the land alteration prior to the
begirmi,~g of the la, eject, ad periodically throu~out the development process, m
imqure that protootivo fencing of signifioant lrees (to be saved) is in place. If the bark
area or any 'u~-auc]m of a significant trees (to be saved) becomes damaged during May
or June, a pruning paint mmst be applied immediately.
Trco proteciion &vices or fencing .,,ha~l be maintained and repaired by the developer or
contractor for the duration of construction, md once approved by the fore. star, must not bo
altered without prior approval by ~ fore, er.
12/1S/2001 11:29 F:L~. 9528822656 CITY OF SAVAGE ~007
4-3-?: ALLOWABLE TREE REMOVAL: .qigni~e~t/ree~ that are destroyed and/or
removed beyond thc ~llowable.m~ount ~ be x~laccd in accordmc= with the Tree
Replacement Fomula (Sect/on 4-3-8).
Site D~dopm~ For initial aite &-velopment, up ~o twentF five pement (~%) of
si?~flcan~ trees will bc allowed to be removed far the following activ/ties only:
1. Site grading, not to exc~d beyond mad riE~ of way.
Utilities imUllafion,/nclud/ng smit~ and storm sewer, water, natural ~as, electric
service and cable mlevi~
3. Constn~on of m~s, trails and sid~walka.
4. . Consmmfio~/grading or drayage ~ and storm detention ar~as.
B. .amng D v me
Single Unit Re~/denfial: On ind/~dual lots, up to twenty five percent (225%) of
~/~i6~eam trees are allowed to be removed without r~.lacemcnt.
Multi U~it ~.l; Comn~aI and !,m,.~/al: Up to,fifty pcment (50%) of the
si~ificaut ~ on th~ ~md to be developcd will be allowed to bc removed for '
cl~velopment aclivitiea to include Initial Site Development and the ~ction of
A spec/al revi~v ~h:all be mad~ by applicant and staffwhen a speclm~n h-~ is located
within the ~ p~rim~. Buildars and devel~ shall usc best fa/th ~ to
podtion building(s) at a location that best ~Sn~mi~.es l~moval of sil~ficant ~--s.
Conector P,o~way Davelopm~mt:. When collector or arterial ~oadway~ aze dedicated to
public usc aa part of a proposed d~-dopmem, ~ tre~ i~oval will be allowed withi~
thc fight:of-way, provid~g conditions set forth ar~ complied with, for act/viti~ outl/ned in
Sect/on 4-3-7-A(I-4). The governing unit re~pondble for constru~ a collector or arterial
wndway shall be rcspon~fblc for the provisions ofthi, sect/om
Tree R~lacement: Not I~s than tw~nty-tive pe,r~mt (~%) of th~ to/al diameter
~uchcs of sJ~i~c, ant tr~s removed within sugh right-of-way shall be replaced in
accordance with Categories A, B or C of thc Tree Keplaceme~ Formllla.
.C_!r~i-ffLandsc~e Plan Requix~: A hn&c~e plan shall be submitted along with
the ~ plan, the aFproval or denial of which ,~b_~!~ be given wi,h~ fifteen
wor~ claya o£City ~eccipt. Such plan shall include:
Futur~ or exi~ing locations of all utilities (including poles and ground
a~aters).
Future locations ofirees, shn~bery or approv~ vegetation (to inclucl~ prairie
~c~, wild flowecs or sp~fifi~l iFa.ss mixes).
Locations of cenler islands, medians, sidew~ll~ and lrailways.
12/18/2001 11;30 FAX 9528822656 CITY OF SAVASE ~008
available by the fore~. Si~ficant ~'ee replacement ahall bc calculated by co .~dcring the larges~
replacement of a si~c~mt tree is required, the developer or builder sh~ll be responsible for
fumi~hin§ md insmllin§ thc m/anbcr and size oftrcc(s) acco~,~$ to thc follow/rig:.
A. Size of R.~lacement Trees
Category A: Trees no less ttmu the follo~.' g sizes:
a Decid~ous Tr~es - Not less than four inch~ in diameter.
b. Coniferous Trees - Not less than 12 feet in lmight.
Cat~gory B - Trees no less than the fdllowing sizes: ..
a. Deciduous Trees - Not less' th~ 2 ½ i. uches in diameter.
b. Caniferous Trees - Not las th~n 6 £e;ct in height
3. Categoqr C -Tmcs no less than tim following sizes:
Deciduous Trees - Not less than 1 ½ inche~ in diameter.
Coxdf~us Trees - NOt less than 4 feet in height.
B. Number of R~p~ Trees (by Category)
S/zc of Tree Damaged_ or Destroyed_
CATEGORY,
A
1. Coniferous
4- to 8" in di~neter
1 2
2. Coniferous
9" - 12" in d/amc~r 1 2
4
3. Deciduous
6" - 12" in diameter 1 2
4. Deciduous
13" - 20" in diam~-r I 2
4
5. Deciduous
21 to 30 inches in ~
2 4 8
6. Specimen tre~ (deviOus)
3
6 12
Co
Species ~emt: Whe~ ten (10) ar mare replacement tr~s am rcquir~ not mor~ than
thirty (30) percent o£the replacemant tre~s shall be of the same type of tree without the
approval of the City.
12~18/2001 11:30 FAX 9528822656 CITY OF SAVAGE ~009
4-3-9:
?laccmcnt Location: Replacement trecs shall Be planted on the subject property, not mom
than twelve (12) months afle~ tim dat~ of permit is~¢e... ~tf for some rca.son all the
replscement trees cannot be planted on the subject property, those rcu~imu' g u~ be plantcd
shall be located on otl~r property owned by the d~veloper/builder ~ ~ City of Savage,
or onpropc~ry owncd by thc City of Savag~ The city famstcr shall dctemaine placcmcnt of
~ ou City prop~. Th~ a~licant shall notify thc city f~ whcn all replacement
have been planmd, at which l~e' ~he city forester shall i~ect the site. Thc
developer/builder may also have thc option ofmal~§ a cash payment f~ rcplacemc~ trues.
Th~ value of replacement trees shall be at a rate ~ by the Cit~ Counc~ Such cas~
paymcuts shall bc mac~ to tho Tr~ Pr~crvaticro. Replacement Fund, and shall be used for
thc p~hase, p~ and maintenauco of tree~ on city-owned property.
SECURITY: Security ~ be provided to guaran~ compliance with t~i~ chapter
as follows:
Developer Responm'bility: Developer security shall be part of the standard construction
security required for thc guaran~ of street and uffii~ consm~on. Such security, which
may be in thc form of a bond, letter of credit, cash or escrow deposit, or other such
i,,.~-umcat approved by ~ City Council
Tho developer .~h~l! be released of any fi~th~ r~pon~oih'ty for. loss of si~ificaz~
8,.
On each lot, at such time that a h/lding pmmit is issued.
On the'laud parcel, at such time that ~ is COmplete, that replacement
trees ~ pl~'ed ami the preservation verified and approved by the dry
fomst~.
Builder Response%fflC: At the time ofbuila~,~g pcrmit, th, builder shall give the City of
Savage a cash e, scrt~ in the amount of $500 to guarantee compliance with lree planting
requimm~mts ofth[~ chapter, aud Section 9-14-5-E of the~qavago CitY Code.
4-3-10:
The security shall be released b~w.k to the builder upon lr~,pecfion and verification by
the city forester that all pf such ~uircmcnts have been met.
Thc city shall 5c exempt from the provisions ofthi~ scction.
PUBI~C ~G: The following regulm/ons apply to th~ planting oftr~s on
public stmcu ~nd parks:
Street trees in existing msidcnliaI area~, which are located in the public rig'.--of-way, .~haH
be mauaged by the ci~. Such tn:cs that dic as the result of cliscase, {-.~ccts, eonstm~on
acti~rity or IlatllZ~ disast~ ~h~ll be removed arid uot replaced. Replaccmcut true(s), however,
may be plautcd on p~ivatc propet~y provided that thc property owner ag~es to become
rcspons~*ble for maintmance.
The city shall be responsible for thc planting and maintenance ofpa~ trees. This includes
trees in parks, ouflots, and all other properties owned by the City.
Jun, 7, 2001 6:27AM CITY BLAINE COMM DEV No,6928 P, 6/12
~)
No fence shall be located closer than three hundred (300) feet from any residentially zoned property
and shall be clearly designated as an electrified fence by the installation of one by one (lxl) foot
square sign stating "this fsnee is electrified".
(3) Barb wire fences.
~ TREE PRESERVATION (Amended 6-3-93. Ord. 93-1337, Amended 4-1'/-9"/. Ord. 9'/-16S3, Amended
4=1~99. Ord. 99-1'/85)
(a) Standards of Preservation During Construction or Grading
(1)
Intent: Developments, structures, utilities, and all other site activities must be designed, installed,
and constructed so that the maximum number of trees are preserved on ali lots or parcels. Flexibility
of city standards shall be considered when possible to ensure the preservation of the maximum
number of trees.
(~)
Tree Preservation Plan Required.: To minimize tree loss and to mitigate tree removal on wooded lots
or parcels with trees, a tree preservation plan mast be submitted for approval along with application
for any excavation permit, grading permit, building permit, Conditional Use Permit, site plan or plat
approval. All site activity associated with the proposed permit or plat must be in compliance with the
approved tree preservation plan.
O) R~plaeement:
(aa) General: Ali significant trees removed or damaged through activities described in (a) and (b)
must be reptteed on.site with approval of the Zoning Administrator, or in the form of payment
of a fee to the city reforestation fund in an amount established by the City Council. Additional
replacement trees shall be required as determined by the Zoning Administrator when trees of
any size are removed in violation of this ordinance, or when trees have been impacted by failing
to comply with the Tree Preservation Plan. Trees required by the approved landscape plan will
be credited to replacement tree requirements if all the requirements of this ordinance have been
fulfilled.
(bb)
Non Residentially Zoned Property: In non residentially zoned districts the total number of
replacement trees shall not exceed 8 trees per acre, The removal of trees on public right-of-way
in commercial or Industrial zoning districts; conducted by or on behalf of a governmental
agency in pursuance of its lawful activities or functions, will be exempt from this replacement.
(cc)
On Residentially Zoned Lots: On public right-of-way in residential zoning districts and on
residentially zoned lots exceeding one acre in size the total number of replacement trees shall
not exceed 8 tree's per acre of uplnnd. On residentially zoned lots leu than one acre in size a one
to one (1:1) replacement of ali trees will be required for the first seven trees removed from the
lot.
(4)
The Tree Preeervatlon Plan: The tree preservation plan must be prepared by a registered architect,
landscape architect or forester. The plan must Include a scaled drnwing or survey including the
following Information:
(aa)
(bb)
(cc)
A tree inventory indicating size, species, location and condition of all significant trees and
clumps of non-significant trees within the Hmits of the proposed activity; also location of
existing and proposed structures, improvements, utilities and existing and proposed contours.
Specific disease control, if applicable, and protection techniques that will be utilized to
minimize disturbance to all trees remaining on site.
A reforestation plan indicating size, species, location, and planting specifications of all street
and yard trees and all replacement trees.
33.00-9
01/19/01
Jun, 7, 200] 6:27AM
CiTY BLAINE COMM DEV No,6928 P. 7/12
(1) The reforestation plan shall utilize a variety of tree species with emphasis on native
species when possible.
(2) Replacement trees shall be a minimum 2-1/2 inches in diameter if deciduous, or 6 feet in
height if coniferous.
(dd) Financial Guarantee: All installations or trees required by the tree preservation plan or as a
penalty for falling to comply with the tree preservation ordinance or plan must be completed at the
time of request for a Certificate of Occupancy if issued between May IS~ tad OctolMr ISm, unless
dates have been modified by the Zoning Administrator to accommodate unseasonable weather. A
Certificate of Occupancy requested after October IS*" and before May 1S'~ ma)' be issued with a cash
deposit submitted by the bulmer Jn an amount required by the Zoning Administrator to guarantee
installation of landscaping. Property owners/contractors/developers required to install replacement
trees because of unauthorized removal OF disturbance of existing trees on undeveloped parcels must
submit a cash deposit in an amount required by the Zoning Administrator to guarantee installation
of landscaping, (Amended 3-4-99. Ord. 99-1'771)
(5) Tree preservation plans must receive approval of the Zoning Administrator.
(6)
Inspection and Enforcement~ Prior to commencement of site grading or excavation, the site shall be
staked and fenced for tree protection per the approved tree preservation plan. Construction
activities shall cease until compliance.with the tree preservation plan has been achieved, Violations
of this Ordlannee and/or Tree Preservation or Forestry management plan are considered a
misdemeanor. Each day is considered a separate offense.
(b) Tree Removal on Lots without Construction or Grading Permits.
(1)
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 hazard to
structures or sewer systems, shall be excluded from these requirements.
(2)
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 must include the following
information:
(aa) A scaled map designating all forested areas and existing and proposed uses of such areas.
(bb) Location of all existing structures, roads, utilities, and driveways on the site.
(cc)
A written narrative describing specific activities and reasons for developing the plan, and how
these actions and activities will affect the forest. Specific examples include, but afc not limited
to: better forest management (thinning or removal of dead or diseased trees), improved
wildlife habitat, recreational use, outdoor education, and trails.
(dd)
Tree Replacement may also be required as part of the Forest Management Plan. Tree
replacement, as outlined in Section 33.10(a)(3), shall be required if trees are removed without
obtaining an approved approval for a Forest Management Plan.
(ce) Forest Management Phns must be prepared by a forester and approved by the Zoning
Administrator.
33.00-10
01/19/01
DRAFT
ORDINANCE NO. , FOURTH SERIES
AN ORDINANCE PERTAINING TO TREE PRESERVATION AND AMENDING
THE CITY CODE BY ADDING SECTION 11.63.
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS:
Section I - The City Code is amended by adding a new section 11.63 to read:
SEC, 11,63 TREE PRESERVATION
Subd. 1. Findings and Purpose. The City Council finds that it is in the best interest of the City
to protect, preserve, and enhance the natural environment of the community and to encourage a
resourceful and prudent approach to the development and alteration of wooded areas. In the
interest of achieving these objectives, the City Council has established these comprehensive tree
preservation regulations to promote the furtherance of the following objectives:
A. Protection and preservation of the environment and natural beauty of the city;
Bo
Assurance of orderly development within wooded areas to minimize tree and
habitat loss;
The evaluation of specific sites as to the development's impact on trees and
wooded areas;
Establishment of minimal standards for tree preservation and the mitigation of
environmental impacts resulting from tree removal;
Provision of incentives for creative land use and environmentally compatible site
design that preserve trees and minimize tree removal and clear-cutting during
development; and
Fo
Enforcement of tree preservation standards to promote and protect the public
health, safety and welfare of the community.
Subd. 2. Definitions. For purposes of this Section the following terms have the meanings given
to them:
Applicant means any person or entity, which is required to submit and implement
an approved tree preservation plan under this section.
Builder means any person or entity to which a building permit is issued for the
construction of a single-family residence.
Caliper inch means the diameter of replacement trees measured at a height of
one foot above the ground level.
Construction area means 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) means an imaginary circle surrounding the tree trunk
with a radius distance of one foot per one inch of tree diameter, e.g., a 20-inch
diameter tree has a CRZ. with a radius of 20 feet.
Developer means 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 constructing or improving any building thereon.
Development means individual lot single-family and multi-residential, commercial
and industrial developments occurring during single-phase and two-phase
developments, as those terms are defined herein.
Diameter means the length of a straight line measured through the trunk of a tree
at 54 inches above the ground.
Diameter inch means the diameter, in inches, of a tree measured at diameter
breast height (4.5 feet from the uphill side of the existing ground level).
Drip line means the farthest distance away from the trunk that rain or dew will fall
directly to the ground from the leaves or branches of the tree.
Forester means a person holding a bachelor's degree in forestry from an
accredited four-year college of forestry.
Individual lot single-family residence development means the process where the
construction of a new single-family residence occurs on a single lot. , or the
Landscape architect means a person licensed by the state as a landscape
architect.
Land Alteration means excavation, grading, clearing, filling or other earth change
that may result in:
1. The movement of more than three hundred fifty (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 four hundred fifty square feet of ground
where significant trees are present, or
3. Any cutting or killing of more than twenty (20) percent of the significant
trees on any land within a period of five years.
Forest Stand means a contiguous group of trees sufficiently uniform in species
composition arrangement of age classes and condition to be a distinguishable
unit.
Natural Resource Director means the designated City official responsible for the
management of natural resources in the City of Shakopee.
Significant woodland means a grouping or cluster of coniferous trees over four
feet in height and/or deciduous trees between four inches and 12 inches in
diameter with contiguous crown cover, occupying: (a) 1000 or more square feet
of property zoned RR, R-lA, R-lB,R-lC, R-2 or PRD; (b) 1500 or more square
2
feet of property zoned R-3, B-l, or BP; or (c) 2000 square feet or more of
property zoned for commercial or industrial use.
Single-phase development means 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 of 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.
So
Coniferous evergreen tree means a woody plant that is, at least, twelve feet or
more in height and has foliage on the outermost portion of the branches year
round.
Deciduous tree means a woody plant which, at maturity, is at least 15 feet or
more in height, having a defined crown, and which sheds leaves annually.
Hardwood deciduous tree includes, but not limited to, ironwood, catalpa, oak,
maple (hard), walnut, ash, hickory, birch, black cherry, hackberry, locust and
basswood.
Significant tree means a healthy tree measuring a minimum of six inches in
diameter for hardwood deciduous trees, defined herein, or a minimum of 12
inches in diameter for softwood deciduous trees, as defined herein, or a
minimum of 12 feet in height for coniferous/evergreen trees.
W. Softwood deciduous trees are: poplars, aspen, silver maple and elm.
Specimen tree means a healthy hardwood deciduous tree measuring equal to or
greater than 30 inches diameter and/or a coniferous tree measuring 50 feet or
greater in height.
Yo
Two-phase development means the process where improvement of the entire site
occurs in at least two distinct phases. Generally the first phase includes initial site
grading; installation of utilities; construction of public streets; construction, grading
of drainage-ways; and filling of any areas. The second phase generally includes
grading of specific pad areas; utility hookups; construction of buildings, parking
lots, driveways, storage areas, recreation areas, private streets; and any other
activity within the specific construction zone.
Subd. 3. Permit Required. No application for a preliminary 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.
Subd. 4. Concept Plan. Before applying for a tree preservation permit, an applicant may, but is
not required to, submit a concept plan to the City illustrating the general site layout, including
streets, parking areas, ponds, storm water basins, utilities and building footprints. The concept
plan should also identify forest stands and specimen trees (determined through required tree
inventory).
Subd. 5. Tree Preservation Plan. A tree preservation plan must be approved by the city and
implemented for any land alteration in connection with any of the following:
A. New development in any zoning district;
3
B. New building construction in any zoning district;
Expansion of any existing commercial, industrial or institutional building or
impervious surface by ten percent or greater square feet, where an approved
tree preservation plan is not on file with the city; or
D. Any project requiring a grading permit.
Subd. 6. Exemption for Existing Single Family Residences. No tree preservation plan is
required for single-family residences desiring to remodel or expand existing buildings or grounds.
Subd. 7. Application. An application for a tree preservation permit must be made in writing to
the Natural Resources Director on a form provided by the City. For undeveloped single-family
lots with existing significant trees or woodlands, a Tree Preservation Plan shall be submitted for
review by City staff in conjunction with a building permit application. For other developments, the
application for a tree preservation permit must be submitted along with the application for
preliminary plat.
Subd. 8. Submission Requirements. An application for a tree preservation permit must include
the following information:
Delineation of the buildings, structures, or impervious surfaces situated thereon
or contemplated to be built thereon;
B. Delineation of all areas to be graded and limits of land disturbance;
Co
A tree inventory, by a forester or landscape architect, 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.
These significant trees, specimen trees, and significant woodlands should be
identified in both graphic and tabular form;
Identification of all significant trees, specimen trees, and significant woodlands
proposed to be removed within the construction area. These significant trees,
specimen trees, and significant woodlands should be identified in both graphic
and tabular form;
E. Measures to protect significant trees, specimen trees, and significant woodlands;
Size, species, and location of all replacement trees proposed to be planted on
the property in accordance with the tree replacement schedule;
A drawing 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.
Applicants of new single-family residential building permits are required to
prepare an individual lot tree preservation plan when significant tree, specimen
trees, and/or significant woodlands exist on site. Tree preservation plans for
individual lots will be required to have the plan prepared by a forester or
landscape architect.
Subd 9. Mitigation. 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:
4
tree replacement within the development area or affected parcel in accordance
with the tree replacement schedule;
tree replacement in accordance with the tree replacement schedule on other
property owned by the applicant in the City; or
tree replacement in accordance with the tree replacement schedule on public
property in the City.
In lieu of tree replacement, the developer may offer other vegetative or
environmental alternatives that are economically equivalent to the value of
the recommended tree mitigation costs.
Subd. 10. 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:
Installation of snow fencing or polyethylene laminate safety netting placed at the
drip line or at the perimeter of the critical root zone (CRZ), whichever is greater,
of significant trees, specimen trees, and significant woodlands to be preserved.
No grade change, construction activity, or storage of materials shall occur within
this fenced area.
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 nontoxic tree wound sealant immediately after damage occurs. If
cutting or pruning of oak trees is to take place between April fifteenth and July
first, the applicant shall provide a disease prevention plan within the tree
preservation plan.
Prevention of change in soil chemistry due to concrete washout and leakage or
spillage of toxic materials, such as fuels or paints. Washout areas are to be
identified on plans and signage of areas provided on construction site.
Subd. 11. 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.
A. Installation of retaining walls or tree wells to preserve trees.
Placement of utilities, where possible, in common trenches outside of the drip
line of significant trees, or use of tunneled installation.
C. Use of tree root aeration, fertilization, and/or irrigation systems.
Transplanting of young trees to a protected area for later moving into permanent
sites within the construction area.
E. Therapeutic pruning.
Subd. 12. Performance Guarantee. 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. The amount of the performance guarantee will be calculated as follows:
For construction on previously platted vacant lots, the developer or builder shall
provide a performance guarantee in escrow of $1000 per lot. If damages exceed
5
$1000, the developedbuilder can be assessed additional charges by multiplying
the total diameter inches of significant trees and specimen trees to be preserved
by the rate of payment of $25.00 per diameter inch and the total square feet of
significant woodlands to be preserved by the rate of $1.20 per square foot.
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 one year after the date
of the project closure.
Subd. 13. Removal of Diseased Trees Required. Prior to any grading, all diseased,
hazardous, and nuisance trees identified on the subject property ' ' by the city
forester, tree inspector or designated agent of the City of Shakopee shall be remedied in
accordance with the tree disease control and prevention regulations of the City Code. Any and all
diseased and nuisance trees so identified shall be removed from the property, at the time of
grading, if so directed.
Subd. 14. Compliance With Plan.
The applicant must implement the tree preservation plan prior to and during any
construction. The tree protection measures must remain in place until all grading
and construction activity is terminated, or until a request is made to and approved
by the city forester or designated agent of the City.
No significant trees, specimen trees, or significant woodlands may be removed
except in accordance with the approved tree preservation plan. If any significant
trees, specimen trees or significant woodland, which were intended to be
preserved, are removed without permission of the city forester or damaged so
that it is in a state of decline within one year from date of project closure, a cash
mitigation, calculated per diameter inch of the removed/destroyed tree or per
total square foot of significant woodlands, in the amount set forth in the city fee
schedule, shall be remitted to the city.
The city has the right to inspect the development or building site in order to
determine compliance with the approved tree preservation plan. No person may
unreasonably hinder, prevent or delay a city representative while engaged in the
execution or enforcement of his/her duties prior, during or after project approval.
All sites shall be staked, as depicted in the approved grading plan, and the
required tree protection fencing shall be installed before grading is to commence.
The city shall inspect the construction site prior to the beginning of the grading to
ensure that protective fencing and other protective measures are in place.
No encroachment, grading, trenching, filling, compaction, or change in soil
chemistry shall occur within the fenced areas protecting the critical root zone of
the trees to be saved.
Subd. 15. Allowable Tree Removal Schedule.
A. 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:
1. SINGLE LOT DEVELOPMENT.
a. Single-unit residential, 20 percent.
b. Commercial, Industrial, Major Recreation,
multiunit residential, 35 percent.
MULTI-LOT DEVELOPMENT
Public
Projects, and
a. Single-phase development process.
bo
i. Single unit residential, 45 percent.
ii. Commercial, Industrial, Major Recreation,
Projects and multiunit residential, 60 percent.
Two-phase development.
Public
i. Initial site development, 25 percent.
ii,
Individual lot development.
aa. Single unit residential, 20 percent.
bb.
Commercial Industrial, Major Recreation, Public
Projects, or multiunit residential, 35 percent.
Subd. 16. Tree Replacement Schedule
Replacement and Location of Trees
1. Size of Tree Damaged or Destroyed - Number of Replacement Trees.
Category NCategory B/Category C
Coniferous, 12' to 24' high 1
Coniferous, 24' or higher 2
Hardwood deciduous, 6" to 20" diameter 1
Hardwood deciduous, 21" to 30" diameter 2
Specimen Tree (Hardwood Deciduous),
greater than 30" 3
Softwood deciduous, 12" to 24" diameter 1
Softwood deciduous, greater than 24" 2
2 4
4 8
2 4
4 8
6 12
2 4
4 8
2. 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.
3. Size of replacement trees.
Category A trees shall be no less than the following sizes:
Deciduous trees, not less than 3.5 inches in diameter.
Coniferous trees, not less than 10 feet in height.
Category B trees shall be no less than the following sizes:
Deciduous trees, not less than 2% inches in diameter.
Coniferous trees, not less than six 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 four feet in height.
Species requirement. Where ten or more replacement trees are
required, not more than 50 percent of the replacement trees shall be of
the same species of tree without the 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 one year after the date of
project closure shall be removed by the applicant and replaced with a
new healthy tree meeting the same minimum size requirements within
eight months of removal.
Replacement and location. Trees subject to replacement pursuant to
this section shall be in addition to landscape requirements by City Code.
Replacement trees shall be planted in one or more of the following areas
on land: Restoration areas including slopes, out-lots or common areas,
buffer zones between different land uses and/or activities, project
entrance areas, and public areas.
Replacement trees shall be of a species similar to the trees which are lost or
removed and shall include those species referred by the Minnesota
Department of Natural Resources Native Tree Species List.
Subd. 17. Technical Review Committee. If the applicant and the city staff are unable to
reach agreement with respect to the interpretation or enforcement of this Section, the
matter will be referred to a Technical Review Committee. The Committee will consist of
the applicant or a representative of the applicant, a city staff member, and a representative
of the forestry division of the Minnesota Department of Natural Resources. The
Committee's resolution of the matter shall be final, unless appealed to the City Council by
either the applicant or the city staff.
1. When disagreements occur, the City shall have up to 15 days to
arrange a TRC committee meeting.
DRAFT May 1,2001
TREE PRESERVATION
ORDINANCE
Subdivision 1. Findings and Purpose Statement. The City of Elk
that preservation of trees and woodlands is critical to the health
welfare of the citizens; that development within the City has __
and in some cases eliminating wooded areas, which, if
maintained, serve important ecological, recreational and __
residents. The City finds that trees provide many
of the soil by the prevention of erosion and
water runoff and the costs associated therewith, improw__
reduction of noise pollution, control of urban heat
increase of property values, protection of privacy,
natural insulation, control of drainage and restoration
to construction and grading., protection from severe
for birds and other wildlife, conservation and
and aesthetic environment, reforestation of
and enhancement of the quality of life an,
therefore the purpose of this section to
removal, or killing of trees on
the protection and )reservation
of Elk River.
finds
and
reducing
the
rm
--)n and
through
__~bsequent
habitat
physical
'~sure
the City
Subdivi~
shall b
the following terms
iired to submit and
under this section.
understory or replacement
~ken at twelve (12) inches above
~y area in which.movement of earth, alteration in
)action, disruption of vegetation, change in soil
change in the existing character of the land
he site preparation, grading, building
,y other construction activity.
Zone An imaginary circle surrounding the tree
a radius distance of one (1) foot per one (1) inch of tree
e.g. a 20 inch diameter tree has a CRZ with a radius of 20
Any person or entity other than a builder who undertakes to
~mprove a parcel of land, by platting, grading, installing utilities, or
constructing or improving any building thereon.
Development or Redevelopment. Individual lot single-family or multi
family residential development, commercial and industrial
DRAFT May 1, 2001
developments, single- phase development and two-phase
development, as those terms are defined herein.
Diameter Breast Heiqht (DBH). The diameter, in inches, of a tree
measured at four and one-half (4.5) feet from the uphill side of the
existing ground level. If the trunk splits into multiple trunks ;Iow four
and one-half feet, then the trunk is measured at its most point
beneath the split.
H. Drip Line. The farthest distance away from the tr__
will fall directly to the ground from the leaves or__
I. Forester. Any person holding a Bachelors De!__
accredited four-year college of forestry.
J. Individual Lot Sin,qle Family residence develo--
construction of a new single family residence
K. Landscape Architect. A person licensed by ti'
architect.
L. Single-phase development. The process
entire site occurs in one continuing
during single-phase development
of utilities, construction of publi,
drainage-ways, filling of any a
hookups, construction of buil~
areas, recreation
the co Action are~
M. Tre,
or dew
tree.
,m an
of the
occur
~g of
ithin
Jefined herein:
that is, at least,
on the outermost
at maturity, is at least 15
crown and which sheds
cludes but not limited to, ironwood,
ash, hicl~ory, birch, black
and basswood.
e. A healthy tree measuring a minimum of six
for hardwood deciduous trees, defined
--r~imum of 12 inches in diameter for softwood
as defined herein, or a minimum of 12 feet in
;oniferous/evergreen trees.
Deciduous Tree. Includes but not limited to
:t, Poplar, Aspen, box elder, silver maple, willow and
Im.
Specimen Tree. Any healthy hardwood deciduous tree
measuring equal to or greater than 30 inches diameter and/or a
coniferous tree measuring 50 feet or grater in height.
DRAFT May 1, 2001
N. Two-phase Development. The process where improvement of the
entire site occurs in at least two distinct phases. Generally the first
phase includes initial site grading, installation of utilities, construction of
public streets, construction, grading of drainage-ways, and filling of
any areas. The second phase generally includes grading ~pecific
pad areas, utility hookups, construction of buildings, ors,
driveways, storage areas, recreation areas, private id any
other activity within the specific construction zon~
O. Understory Tree. Trees that will generally of
under forty (40) feet.
Subdivision 3, Tree Preservation Plan
Scope of Application. A tree preservation plan
approved by the City and implemented in
following:
1.
2.
3=
New development or redew
New building constructior
Expansion of any existi~
building or impervious
feet, where an a
or
to and
tional
quare
'ile with
Exe
districts, the
as a result of
accessory structures
Co
permit must be made in
City. The tree preservation plan
~mitted for review by City staff in
application. For other
application for a tree preservation permit must
with the application for preliminary plat.
:he site shall be prepared by a registered
or licensed forester. This survey shall include
~cies, DBH size, condition, location of all significant,
damaged or diseased trees on site. All significant,
c~men, damaged or diseased trees shall be tagged and
,~ntified by number on the survey. Additionally, all damaged and
diseased trees shall be cataloged with the nature and extent of any
damage or disease specified.
Building permit applicants for new single-family or two-family
homes, which are not part of a larger development, shall prepare
DRAFT May 1,2001
an individual lot tree preservation plan when significant, specimen
trees, and/or significant woodlands exist on site as determined by
the City Forester. Individual lot tree preservation plans for single-
family or two-family residential buildings are not required to be
prepared by a Forester or Landscape Architect.
Required Protective Measures
The tree preservation plan shall identify and
measures to be utilized during construction
specimen trees, and significant woodlands:__
1. Installation of snow fencing or polyethylene
placed at the drip or at the critical root
greater, of significant trees, specimen tret
woodlands to be preserved. No grade
activity, or storage of materials shall
2. Identification of any oak trees requiring
and July 1. Any oak trees so prun
cut areas sealed with an a
at the moment of trimming.
3. Prevention of change ~n so
leakage or spillage of toxi,
Washout areas are
~d on
--~etting
~r is
)n
area.
15
~ave any
)ut and
areas
F. Perform
with a development
ired performance
the tree preservation
grading. The amount of
mitted shall be calculated for
~llows:
ireservation of all trees to be preserved
,ation plan which, lie within 15 feet of the
(measured from the construction zone to the
tree trunk). The amount shall be based on the
ches of significant trees and specimen trees to be
hin this 15 foot zone at the rate of $25.00 per
ar inch and the total square feet of significant woodlands to
within the 15 foot zone by the rate of $1.20 per
~re foot. The minimum financial guarantee is $1,000.00 per lot
2.The performance guarantee shall be in addition to any other
landscaping bond required by the City.
3.The financial security will be released upon:
4
DRAFT May 1, 2001
a. Certification in writing by Forester or Landscape
Architect indicating the tree preservation plan was
followed and that the tree replacement schedule was
complied with where necessary, but in no event shall
the performance guarantee be released earli~ than two
growing seasons after the date of the a of final
inspection.
b. No performance guarantee shall ,r
applicants of building permits of two-
family residential buildings.
F. Removal of Diseased Trees required.
Prior to any grading, all diseased,
on the subject property shall be identified
designated agent of the City of Elk River
accordance with the tree disease
regulations of the City Code. An~
trees so identified shall be rem(
grading, if so directed.
ice trees
ster or
in
Jisance
time of
Subdivision 4. Compliance with
A. The a shall
dur
to and
must remain in
~rminated, or until a
or designated
nificant woodlands shall be
and such removal
tree preservation plan. If a
-- ) or any significant woodland that
moved without specific permission
so that it is in a state of decline within
project closure, a cash mitigation in the amount
)n 3, F, 1 of this ordinance shall be remitted to the
:he right to inspect the development and/or
to determine compliance with the approved tree
)n plan.
shall inspect the construction site prior to the beginning of
or any construction activity to ensure that protective fencing
ther protective measures are in place.
DRAFT May 1,2001
Subdivision 5. Allowable tree removal schedule.
Ao
Significant trees, specimen trees and si __
are destroyed or removed beyond the
be replaced in accordance with the trel
1. Single Lot Development
a. Single- family or two-fa~
b. Multiunit residential
Institutional, P
Multi-lot develo
a. Single-PI
that
must
~edule:
percent.
al,
nt.
ercial, Industrial,
PUD, 60 percent.
25 percent.
pment
unit residential, 20 percent.
bb. Multiunit residential, Commercial,
Industrial, Institutional, Public Projects, PUD,
35 percent.
DRAFT May 1, 2001
Subdivision 5. Tree replacement Schedule.
A. Replacement and Location of Trees
1. size of tree damaged or destroyed- Number of trees.
Coniferous, 12' to 24' high 1 ~ 2 4
Coniferous, 24'orhigher 2 jj~~ 8
Hardwood deciduous, 6" to 20" 1 4
diameter
Hardwood deciduous, 21" to 30"
diameter
Specimen Tree (hardwood [,~!~ 3 12
Deciduous). Greater than 30"
diameter
Softwood deciduous, 12'! to 24'~ ~ 2~4
diameter .. ~li~
S~o,f,t~..ooddeciduous, gr~r~~ ~ 4 ~' 8
24 dia.~.:,.~_ ~ ~ ~
required, the
tnd installing one
B replacement trees
every 125 square feet of
;stroyed, or any increment
shall be no less than the following sizes:
et less than four inches in diameter.
ds trees, not less than 12 feet in height
B trees shall be no less than the following sizes:
iduous trees, not less than 2 1/2 inches in diameter.
;oniferous Trees, not less than 6 feet in height.
Cate.qory C trees shall be no less than the following sizes:
Deciduous trees, not less than 1 1/2 inches in diameter.
Coniferous trees, not less than 4 feet in height.
7
DRAFT May 1, 2001
Species requirement.
When ten or more replacement trees are required, not more than
50 percent of the replacement trees shall be of the same species or
tree without approval of the City Forester.
Warranty Requirement.
Any replacement tree which is not alive or he~
by the City Forester, or which subsequently
construction activity or lack of watering withi__
after the date of project closure shall be rer__
and replaced with a new healthy tree meetl
size requirements within eight months of
icant
Replacement trees shall be of a species s
are lost or removed and shall include
Minnesota Department of Natural resour
List.
s which
by the
~ecies
Subdivision 6. Appeal.
Any person adversel'
enforcement or
may appeal
shall consi
membe
matter
city
Subdi'
the
:. The Committee
city staff
es resolution of the
the applicant or the
~tion.
Ordinances.
JUM.2B.1999 8:4?AM PLYMOUTH PUB WORKS M0.152 P.~/5
Plymouth City Code
500,23, Subd. 2
Subd. 2. Pole Guvs. Additional easements for pole guys should bc provided at the
outsid~ of tums. Where lX~ssible, lot lines shall be ak-ranged to bis~t the exterior angle so that
pole guys will fall along side lot lines.
Subd. 3. Dedication for Water Course. Where a subdivision is traversed by a water
course, drainage way, channel or stream, a storm water case.merit, .drainage n.'ght-of-w, ay o.r park
dedication, whi~...h~ver the Planninl Co~ission may deem t~. most app_l'opna?., co~o~rn~.ng
substantially with the lines of such water courses shall be provided, together with SUCh zurmer
width or construction, or both, as will be adequate for the sto. nu water drainage of thc area. The
width of such easements shall be determined by the City Engm~r.
Subd. 4. Drainae¢. Drainage casemcots correspond!n§ with lo.t lines shall be p. ro..vi, dcd.
wh~e necessary for surfa~ drainage purposes. Such easements for drainage purposes snau oe not
less than 20 fe~t in width.
500.24. Tree Preservation. Subdivision 1. lh, m_ ese. Intent. and $co!18, .It is the policy of the
City of plymouthto _l-ccogniz~ an.d protect the mtegn[ty, of}he n,~.~ral env_.,~ro ~n~..en~,.,o_f_?h~'
community through the preservation, pro,t~, tlon, cna plan .t}ng..or tie. es, -I .n.e ~ ~ouncu nas
found it neces~ and des'.uabl? to establish r..equirem.en~ .tor. u~.e p.r~rvatio? .? ~ on .n.~w
development sites. The objecuves of this ordinance shall mcmoe, out a~ n,o~ nmlt~, to.: the
perpetuation of the existing tree canopy through, ro?.t protection.by e. liminat,mg or r.eouc.mg
compaction, filling or excavatiou; prevention o~ sozl erosion cna seohnentauon; reaucea storm
water runoff; improved air quality', rexiuc~ noise pollution; energy conservation thr?ugh natural
insuhtion and shading; control of the urban heat ishnd effect; increased p_w,I~..rty values;
protection of privacy by ..,e~. Iishing and maintaining buffers be.t_w, een c0,.r~,.wt~ .g.la~.d uses; ....
providing habitat for wildlife; conservation and enhancement ox ~'lymoum s pnystcai aha aesmeuc
"Big W ..o~ls" environment; and to provide an ecosystem approach to .pla .r~fing and d~evel.op.m, ent.
This section shall not apply to lots of ?o,rd on August 15., 1.995; to oe.v. elo. pmen~s ~or ~wm. cn _
conditional use permits, site plans, preliminary p. lats_, ~inal,.p.latS, or ~lmunm'~, or xm.ai
unit development plans have been approved by me ci.t~ wiuun two Iz) years prior to August
1995; or to deve.l_o, pments for which complete applications for m~y of the above actions have been
accepted by the C~ty for review, but not yet acted upon, prior to August 15, 1995; or to sites th_at
have undergone substantial improvements or alterations prior to August 15, 1995. The City does
however, strongly encourage tr~ preservation on all lots in the City.
Subd, 2. ~. For purposes of !~_~s section, the following defined worth and
t~rms shall mean'.
(a)
Critical Root Zone, The circular ~ under the tree as determined by one foot of
radius for each one inch of diameter.
(b)
Disturbanc~ Zone. Any am which will be phy.s.ica~I, y altered from. its mm.mi
state. This will include all areas of grading, utility installation, building paas,
driveways, and parking areas.
Protected, Presel'ved, or Undisturbed Tr~. Any tree with no less than seventy-
five percent (?5 $) of the critical root zone left undisturbed or which has been
protected during the construction process by tr~ protection fencing if within
fifteen feet (I5') of any disturbance zone.
$i§.~. ~ .c.c?t Tre~. Tr~s which ar~ healthy, m~sur~ a minimum of eight inches
(8") in &ameter at a distance of f'~ty-four inches (54'') above ground, and are a
minimum of four inches (4") in diameter for conifers.
JUM.2B.1999' 8:48RM PLYMOUTH PUB WORKS N0.152 P.B/5
Plymouth City Code
500.24, Subd. 3
Subd. 3.
sight s~ an~th when long ~d ~ildin~
be avoidS. A c~n ~ount of
d~v~l~pment p~s. However, with pm~r manalemen~ a~d thc us~ of ~ovative d~sitn
t~ques, loss or ~a~c to si~c~t
S~~t ~ mmov~ or dismrb~ce ~eyond the fo~ow~ ~ms~olds sh~ ~u~ refoms~eon
or r~mtion:
~den~ D~ 50
Non-~sMcnQ~ D~c~
to c~ ~or~t appmp~te
si~ ~ ~ approp~te lo~fion
or ~y to ~e Ci~ tbe sum of $1~.~ per di~et~r-inch of ex,ss removal or a combmatbn of
refo~on and r~gm~on, ~ dcte~n~ by the folbw~g ~uation:
'Percen~g¢ of signifi.ca, nt tmcs remov, exi i.n e~ss of~mshold
To~ number of si~c~ ~ within ~vciopmen~
Avemg~ di~e~r of si~fic~t ~cs
~ ~ores~on or res~m~on consent (I,~ for ~Iacem6nt or $1~/inch
for ~sfimfion)
Rcfo~ta~on or ~fi~tion r~ukcment
..AxBxCxD = B
All si~fificant trees on the development site shall be included in the above calculations, cxeept
trees to be r~moved from the following areas: storm water treatment ponds, public uails or
sidewalks, and rights-of-way for streets classified as major collector or minor or major arterials.
~p,~m. fdorestation ~lans shall be set forth in the developmcnt contract for the pht. Restitutio_n sh.al~, be
to the C:~ in cash at the time of final plat approval. Any such p. ayments, sh~a~ b.e placexl m
Re Communit~ Planting Fund and shall be used for reforestation pro~ec~s in the ~ty.
Subd. 4. Req. t}iwments for Ttce preservation Plans. A tr~ preservation plan shall be
submitted with the preliminary plat for a proposed develOPment or'an application for sit~ plan
}opnPo rOval. The trcc preservation plan shall be prepared by a registered surveyor, and provide the
wing information'.
location, number, siz~ (cliamcter a~d/or height) and spccies of all
sitnLficant trees proposed to be removed or disturbed
location, number, size (~ismctcr and/or height) and species of all
significant trees proposed to be preserved
proposed disturbance zones
location and dimension of preliminary buildinff pads and construction zone
proposed on each buildable lot
proposed locations and details of trcc protection fencing to be installed for
all trees to be preserved within fifteen feet (15') of thc disturbance zones
a reforestation plan if the amount of tree removal exceeds the thrcsholds
provided by this ordinance.
JUM.2B.lgg9 8:48AM PLYMOUTH PUB WORKS M0.152 P.4/5
Plymouth City Code
500.24, Sutxi. 5
The tre.~ prcs=vation phn shall bc reviewed ~.d, ev~uated,.by the t'.or~ .s.ster .or the f,or.este.r' s
designee. The fore. ster may make rec, o. mmenda.tions ior aa. justme.nt oz i.ocau0ns oz s .u~u. cmres., / · --',--
roadways: utilities, or other ebments that may Oe necessary to ennance ~ree pmservauon ann
reforestation efforts.
Tree preservation plans and/or refor~.,tation plans may be mended after, approval. The.
Community Development Director.will have authority to approve amendments, except that a
change resulting hi removal exceeding ten p~_rcent (1.0~_) .o.f s~gnificant ,tree, s.beyond the spec~
thresholds shall re, quire approval of the City council, i~onowing amenamcn~ et tr~ pres~rvauon
plans, financial guarantees required by Subd. 6 shall be increased or reduced as appropriate.
Subd. 5. Rco?ircments for Reforestation Plans. If the removal or disturbance of trees
proposed by the t~ee preservation plan ~Xcoeds the thresholds of this ordinal, ce, .a r.~f. orestation plan
shall be submitted as part of the tre~ preservation plan. The reforestation plan shall I~e preparea
and signed by a licensed forester or a registered landscape architect and shall m~t the following
the plan s.hall indicate all reforestation trees by location, size (diameter
and/or hmght) and species
no more than one-fourth (1/4) of the trees may be from any one species
,.0
·
'O
plant materials shall be of a similar vegetation as found on site and
preference given for trees designated as native
minimum sizes shall be:
D~ciduous - no less than 2 1/2" caliper
Coniferous - no less than 6' high
installation shall follow City Standard Details SPP-3 and SPP-4
tho plan shall support the purpose and iment of this ordinance as stated in
Section 500.24
trees shall be from czr~ed nursery stock as defined and controlled by
Minnesota Statutes Sections 18.44 through 18.61, the Plant Pest Act.
· trees shall be covered by a minimum one year guarante.~.
Subd. 6, Financial Guarantees.
(a)
A cash escroW, bond, or letter or credit to guarantee th~ tree preservation plan,
and reforestation plan, if applicable, shall be submitted prior to issuance of a
grading permit. For projects including public improvements, the guarantee shall
be pan of tho development contract, or part of the site improvement performance
agreement (SIPA) if them is no development contract.
The amount of tho f'mancial guarantee to be submitted shall b8 calculated as
follows: one hundred percent (100%) of the cost of completing the reforestation
plan, if applicable; plus, an amount to guarantee preservation of all trees identified
by the approved tm~ preservation plan to bo preserved within fifteen feet (I~') of
disturbance zones, if preservation of trees within fifteen feet (1S') of the
disturbance zone is required to avoid removal b~.y. ond. the threshold es. ta.b. lished in
Subd. 3. Thc amount shall bi: calculated by multiplying thc estimated diameter
inches of the trees to be preserved by the rate of payment of restitution established
by this ordinance by .25.
SUM.EB,1999 8:49AM PLYMOUTH PUB WORKS MO.1SE P,5/5
Plymouth City Code
500.24~ Subd, ?
The minimum f'mancial guarantee is $1,000.00. The amount of thc financial
guarantee shall ~ mzintained at the calcuhted level until the City Council has
authorized a reduction or release.
Subd. 7, Inspection and Enforcement.
Initial In~.ection?rior to Grading,. Prior to issuance of a grading permit, or prior
to commencement of grading if no pennit is required, all sites shall be staked and
fenced for tr~ protection per the approved tree pr~ervation plan. The tree
eamServation plan shall be submitted with an application for a grading pen'nit at
st five (5) working days prior to the ~ssuance of the permit. The forester or the
forester's designee shall verify the/nstalladon of tho tree protection fencing prior
to issuance of the grading permit or commencement of grading.
Inspection After Comoletion o£ Gra_djn~. The deveIopcr shall notify the forester or
the forester's designe/when the grading has been completed. The forester shall
inspect the site to verify the preservation .of trees as shown on the approved tree
preservation plan. Following this insp~cUon the City may release, in whole or in
part, the financial guarantee required pursuant to Subd. 6, l~stitution shall be
paid for disturbance of any tree~ that have not been protected as shown on the tree
preservation phn.
(c)
In.sp__e_cI_i_on_l:'rior to Issuance of Buildin_e Permit. Ail sites and buildable lots shall
be st~ked and fenced for tree protection per tl~¢ site pI~ .apprgved by the City or
per the proposed site plan prior to application for a building permit. The site plan
· or plot plan shall bc submitted to the forester o'r the forester's designee at least five
(5) working days before an application is made for the building permit. The site
plan shall also indicate any reforestation treas to be planted on the site, if
applicable. The forster or the forester's designee shall inspect the site for
instalhtion of required tree protection fencing prior to issuance of a building
permit.
(d)
Inspection Prior to I.~tar~ce of Ce~ificate of O_c_ci.~V_a~cy. The builder shall notify
the forester or thc forester's designee when construction has been completed arid at
least five (5) working days before a final inspection and/or certificate of occupancy
has been requested, The forester shall inspect the site to verify the preservation of
trees, and the planting of reforestation trees if applicable, as shown on the
approved tree preservation pi.an. Following this inspection, the City may release,
in whole or in part, any remaining financial guarantee required pursuant to Subd.
6. l~stitution shall be paid for disturbance of any trees that have not been
protected as shown on the tree preservation plan.
(Ord. ~$-~, 081]$195)
500.25. Dedication of Lands_for Public Parks_and Playground.~. Subdivision 1.
D~ication Reo_~red. The owners or developers of lands for residential, commercial or industrial
uses or a Planned Unit Development which includes residential, commercial and industrial uses or
any combination thereof, shall be required, as a prerequisite to approval of a plat, subdivision or
development of any such hnds, to convey to th¢-City,-or declicaf¢-to the public use, for park or
playground purposes a reasonable portion of the area being platted, subdivided or developed, or, in
lieu there, of. the owners or developers shall at the option of the City pay to the City, for use in the
acquisition of parks, playgrounds, public open space an.d. storm water holding areas or ponds,
development of existing park and playground sites, pubh¢ open space and storm water holding
areas or ponds, and debt retirement in connection with land previously required for such public
purposes, an equivalent amount in cash based upon the undeveloped land value of that portion of
said land that would have been required to be dedicated.
t
Property being subdivided without an increase in the number of
be exempt from park and trail dedication requirements
were satisfied in conjunction with
st the number of lots is increased,
shall be the additional lots 673, sec. 1,
7-17-~)00)
10-4-9: ]~N]MIJ~ DESIGN The design features set
forth in this m requirements. The City may
impose additional or concerning lot size,
streets and ovecaii deemed nsidering the property
being subdivided, sec. 1, 7.17-2000)
10-4-1 ZONXNG ORDINANCE CONSISTENCY: and
preliminary and final plats may only be approved if
10-4-11: TI~J~E PRESERVATION: The following process for preserving
significant trees shall be required of subdividers and home
builders. Subdividers shall preserve, where feasi~ll healthy trees of
significant value even if the trees are I~ss tha~ix inches (6") in diameter.
Definitions: The following words and terms, whenever they occur in
this Section, are defined as follows:
DIAMETER:
The measurement of a tree's trunk measured
four and one-half feet (4.5') above the ground.
DRIP-LINE:
The farthest distance away trom the trunk of a
tree that rain or dew will tall directly to the
ground from the leaves or branches of the tree
or one foot (1') per one inch (1') of diameter,
whichever is greater.
SIGNIFICANT
TREE:
A healthy tree measuring six inches (6") in
diameter or greater.
TREE
CERTIFICATION:
A certified inventory of trees on the site after
work is complete listing all trees and their tinaJ
disposition, which is signed by a licensed
forester or landscape architect.
November 2000
CiO, of £akevill¢
10-4-1 1
10-4-11
TREE
PRESERVATION
PLAN:
A plan and inventory certified by a forester or
landscape architect indicating all of the
significant trees and their locations in the
proposed development or on the lot. The bee
preservation plan shall include the size,
species, tag numbers, and location of all
significant trees proposed to be saved and
removed on the area of development, and the
measures proposed to protect the significant
trees to be saved.
TREE
PROTECTION:
Snow fencing or polyethylene laminar safety
netting placed at the drip-line of the significant
trees to be preserved. The tree protection
measures shall be shown on tree preservation
plan drawings and remain in place until all
grading and construction activity is terminated.
Subdividsrs'.
1. Subdividers shall:
a. Prepare a tree preservation plan superimposed on the grading
plan.
b. Ensure the tree preservation plan is followed during the plan
development (mass grading).
c. Submit a five hundred dollar ($500.00) security for the
preparation Of individual lot tree preservation plans for each mass
graded lot with at least one significant tree to be saved and for each
custom graded lot with at least one significant tree and a one
thousand dollar ($1,000.00) security per lot for tree preservation
requirements. The security will be included in the development
contract.
2. The tree preservation plan must be certified by a forester or
landscape architect. The forester or landscape architect shall
indicate on the plan the following items:
a. Mass graded areas and proposed grades.
b. Custom graded lots.
Novem~3er 2000
RBR-2~-200! ~0:0~ 6~2 985 449~ P.04/09
10-4-11
10-4-11
c. Size, species, tag numbers, and location of all significant
trees.
d. Identification of aJI significant trees proposed to be saved and
significant trees proposed to be removed.
e. Measures proposed to I:)rotect significant trees shall include,
but are not limited to:
(1) Installation of snow fencing or polyethylene laminar safety
netting at the drip-line.
(2) Placing till against the trunk of the tree, on the root crown,
and under the drip-line of the tree shall be prohibited.
(3) Installation of erosion control measures.
(4} Prevention of change in soil chemistry due to concrete
washout and leakage or spillage of toxic materials such as
fuels or paints.
(5) Pruning of oak trees must not take place from April 15
through July 1. if wounding of oak trees Occurs, a nontoxic
tree-wound dressing must be applied immediately. Excavators
must have a nontoxic tree wound dressing with them on the
development site.
$. During preliminary plat review, ~e tree preservation plan will be
reviewed according to the best available layout to preserve
significant trees and the efforts of the subdivider to mitigate damage
to significant trees. If two (2) or more trees are preserved on each lot
(preferably the front yard of the lot), the landscape plan requirements
of two (2) 2-inch caliper trees are waived.
4. The sul~livider shall provide a financial guarantee as part of the
development contract to guarantee replacement of all significant
trees which were to have been saved but were actually destroyed or
damaged. A financial security for each mass graded lot with at least
one significant tree to be saved and a financial security tot each
custom graded lot with at least one significant tree shall be provided
as part of the development contract to ensure tree protection. The
financial security, generally one thousand dollars ($1,000.00) per lot,
will be determined by the Community and Economic Development
De~ent based on the number and size of trees to be saved.
November 2000
10-4-11
10~-11
5. After mass grading has been completed anc~ streets and utilities
installed, the forester or landscape architect shall:
a. Certify in writing to the City the status of all trees indicated as
save trees in the approved plan.
b. Certify in writing to the City whether tree protection measures
were installed.
c. Certify the status of any remove-designated trees that were
saved.
6. If a significant tree indicated to be saved on the tree preservation
plan is destroyed or damaged, the tree replacement poliCy will be
enforced by the City. (See tree replacement guidelines.)
7. The financial security will be released upon: a) certification in
writing by the forester or landscape architect indicating the tree
protection measures were installed on mass graded lots and tree
replacement is completed, if necessary; and/or b) the builders have
posted se~jrity for the custom graded lots.
8. Removal of tree preservation measures shall require written
approval from the City Engineer. Tree preservation measures shall
not be removed from the site until the City Engineer has approved
tl~e grading as-built plans for a mass graded site nor prior to the
release of financial securities held by the City.
C. Home Builders;
1. The City will require an individual lot tree preservation plan
prepm'ed and incorporated on the required site survey for each
custom graded lot with at least one significant tree or any lot with
trees designated as custom save. The plan shall be consistent with
me original tree preservation plan for the plat. The homeowner,
builder and the forester or land~cape arc~tect shall meet prior to the
development of the individual lot tree preservation plan to determine
the placement of the home where the fewest significant trees would
be destroyed or damaged. The builder will be responsible for
ensuring the tree preservation plan is followed during building
construction.
On mass graded lots with at least one significant tree to be saved,
builders are required to follow the tree preservation plan for the plat.
November 2000
10-4-1 f
10-4-1 1
2. The individual lot tree preservation plan must be certified by a
forester or la~;Is;ape ar~ittct an<~ sig~ed by the I~omeowner. The
forester or landscal:~e ar=hiteet will incli~ate on the plan lrm tollowing;
a. Size, species, and location of all significant trees.
b. Identification of all significant trees proposed to be saved and
significant trees proposed to be removed.
c. Measures proposed to protect significant trees shall include,
but are not limited to:
(1) Installation of snow fencing or polyethylene laminar safety
netting placed at the drip-line.
(2) Placing fill
and under the
(3) Installation
against the trunk of the tree, on the root crown,
drip-line of the tree shall be prohibited.
of erosion oontrol methods.
(4) Prevention of change in soil chemistry due to concrete
washout and leakage or spillage of toxic materials such as
fuels or paints.
(5) Pruning of oak trees must not take place from April 15
through July 1. If wounding of oak trees occurs, a nontoxic
tree-wound dressing must be a,oplied immediately. Excavators
must have a nontoxic tree-wound dressing with them on the
development site.
3. Home builders will be required to furnish the following items for
tree preservation at the time the building I:mrmtt e, oplioation is
submitted for all lots with at least one significant tree:
a. Security of one thousand dollars ($1,000.00) per lot for tree
protection requirements.
b. Certified tree plan.
c. Builders are liable for subcontractors that destroy or damage
significant trees that were indicated to be saved on the indiviciual
tree preservation plan.
4. Building inspectors will monitor the tree protection measures at
the time of routine inspections.
November E000
10-4-11
I0~-12
where the replacement trees shall be installed. (Ord. 673, sec. 1,
7-17-20(0))
Bo
Wetland Assessment Report: Every applicant for subdivisi
approval which inctudes wetland disturbing activities must a
assessment report to the Environmental
No subdivision approval which includes
activities shall be issued until approval of
ment plan application or a certificate of been
in strict conformance with the provisions of
Watl~ Act. This requirement all land,
publio or located within the City.
Stormwatar Plan: Utilization and impacts
to wetlands be consistent with the Stormwater
Management
Impacts
1. Concentrated runoff
with the stormwater
Stormwater Management
into
shall be COnsistent
within the Lakeville
2. A protective buffer strip gf n;
feet (17') from the delineated
areas developed or
construction within this
vegetation of width seventeen
surround all wetlands within
August 1, 2000. Grading or
3. Wetlands must not ained or filled,
replaced by restoring creating wetland
public value, must be guided
in priority:
d a. Avoidin~e direct or indirect impact of the
estr°y ~r~..nish th' wetland.
b..,M~lf.miz!.ng._the impact by limiting the degree or
the ~/a_ nT. Tivi_~_ and its implementation.
_ ~1~. Rectifying the impact by repairing, rehabilitating,
tl"4~ affected wetland, environment, or
or papally, unless
of at least equal
following principles
that may
of
November
City of'Z.~keu~¢
10-4-11
0o4-11
5. Prior to the issuance of a certificate of occupancy and release of
tree preservation seourity, the forester or landscape arohitect shall
certify to the City in writing the final disposition of save trees on the
lot a~d that all the tree protection measures identified on the tree
preservation plan were installed from the start of oonstruction to the
end of construction and tree replacement is completed, if necessary.
Tree Replacement Policy: Subdividers and builders shall be required
to replace the significant trees which were indicated on the tree
preservation plan to be saved but ultimately were destroyed or
damaged. The. subdivider and builder shall be required to replace
each of the significant trees destroyed or damaged with two (2)
replacement trees. Replacement trees must consist of nursery stock
and be no less than the following sizes:
1. Deciduous trees: No less than two inches (2") in diameter.
2. Coniferous trees; No less than six feet (6') high.
Replacement trees shall be species similar to the trees which were
destroyed or damaged and can include those species shown on the
fOllowing table:
Deciduous Trees;
Coniferous Trees:
Maples Oak
Linden (Basswood) Ash
Green ash Birch
Honeylooust Ginkgo (male only)
Hackberry Kentucky coffee tree
Commqn Ne_me
Fir
Scientific Name
Abies (all varieties)/
pseudotsuga
Colorado blue Picea pungens
and green spruce
Black Hills spruce Picea shies
Austrian pine Pinus nigra
White pine Pinus strobus
Replacement trees shall not be placed on easements Or street rights
of way, The Cit7 shall deten'nine the locations of tree replacement for
subdividers' tree plans. If tree replacement is required on the
individual lot because the builder ~testroyed or damaged a tree which
was to be saved, the forester or landscape architect shall determine
Novemt~er 2000
City of L~k¢oill~
MAR-23-2001 10:05 612 985 4499 P.09×09
SUBDIVISION TREE PRESERVATION GUIDELINES
FOR THE CITY OF LAKEVILLE 01/00
City of Lakeville Ordinance requires subdividers to inventory and prepare a tree plan for all trees existing
within a suMivided area that are at least 6 inches in diameter at 4.5 feet above the ground.
Tree preservation plans must be signed by a Minnesota Licensed Forester or Landscape Architect. The
developer of the subdivision will be required to post security for tree preservation on an individual lot
basis for each lot containing a "saved" significant tree. All of the trees on a site to be saved must be
protected with tree preservation fencing at the tree drip lines before grading begins. Diseased trees shall
be removed and where the growing season prevents identification of diseased trees, identification and
removal shall occur the following growing season.
'fhe developer's forester must certify at the conclusion of all improvements to the site that the tree
preservation plan has been accomplished prior to building permit issuance. All "save" trees that are
damaged or removed by site grading will require replacement at a ratio of 2:1 as per the Lakevitle
Subdivision Ordinance.
One of the two following procedures, or a mixture of the two, may be used to meet the plan requirement.
INDIVIDUAL TREE BASED PLAN. Typically a tree plan can best be optimized by looking at each
individual tree on a proposed site in comparison with a grading plan. This is especially true for most
residential sites where trees can sometimes be saved between houses, streets and so forth. The'following
are required for this type of tree plan:
l) numbered tags on each significant tree
2) a tabulation of tagged trees with tag numbers, diameter, species and status (save, remove or custom
save)
3) a map showing existing contours, proposed grades, building pads, and uti/tries, along with the
surveyed locmions of all inventoried trees and their status, and location of protective tr~e fcnce.
TREE STAND BASED PLAN. In many cases tree preservation can work 'best by grouping trees in a
"stand" rather than considering individuals. In this case trees to be preserved are saved as a unit complete
with under-story vegetation. This works best on commercial/industrial sites where there are fewer
opportunities to maintain small treed intervals in grading. Key to the process is identifying the save
stands and clearly making their perimeters. The following are required tbr this type of tree plan:
1 ) numbered tags on each significant tree within ten feet of the stand boundary between the save and
l~mov¢ zones
2) a tabulation of tagged trees with tag numbers, diameter, species, and status (save, remove or custom
save)
3) a tabulated census of trees within each stand showing counts for each species
4) a map showing existing contours, proposed ~ades, building pads, and utilities, along with the tree
stands to be saved and removed plus surveyed locations of all inventoried "perimeter" trees, m~d
location of protective tree fence.
Components of the Individual and Stand methodologies can be combined to create the best preservation
plan. For example, a stand of trees within an Individual Tree Plan might be treated as a stand as outlined
abo¥c.
TOTAL P.O9
02/20/01 14:37 FAX 612 937 5739 CITY OF CHANHASSEN ~004
SUBDMSIONS
§ 18-61
(2)
Conifer~
Abies balsamea
Abies concolor
Larix laricina
Picea abies
Picea glauca
Picea glauca densata
Picea pUngens
Picea pungens 'Olauca '
Pinus nigra
Pinus ponderosa
Pinus resinosa
Pinus strobus
Pinus sylvestris
Pseudotsuga menziesii
Thuja occidentalis
Thuja occidentalis 'Techny'
Fir, Balsam
Fir, Conco]or
Tamarack
Spruce, Norway
Spruce, White
Spruce, Black H~-
Spruce, Colorado Green
Spruce, Colorado Blue
Pine, Austrian
Pine, Ponderosa
Pine, Norway
Pine, White
Pine, Scotch
Fir, Douglas
Arborv/tae
Techny Arborvitae
The tree must be installed prior to receiving a certificate of occupancy or financial
guarantees acceptable to the city must be provided to ensure timely installation.
(3) All areas disturbed by site grading and/or construction must be seeded or sodded
immediately upon completion of work to minimize erosion. When certificates of
occupancy are requested prior to the satisfaction of this requirement, financial
guarantees .acceptable to the city, must be provided.
(4) No dead trees or uprooted stumps shall remain after development. On-site burial is
not permitted.
(5) Landscaped buffers around the exterior of the subdivision shall be required by the city
when the plat is contiguous with collector or arterial streets as defined by the
comprehensive plan and where the plat is adjacent to more intensive land uses.
~_gft_uired buffering shall consist of berms and landscape material consisting of a mix
of trees and shrubs and/or tree preservation areas. Where appropriate, the city may
require additional lot depth and area on lots containing the buffer so that it can be
adequately accommodated and the homes protected from impacts. Lot depths and
areas may be increased by twenty-five (25) percent over zoning district standards. The
landscape plan must be developed with the preliminary and final plat submittals for
.city approval. Appropr/ate. financial g~arantees acceptable to the city· slmii be
.'. required. ..
Co) It is the poli~y Of the city to preserve natUral'woodland areas throughout the city and
with resi~ect to specific site development to retain as far as practical, substantial tree stands
(c) No clearcut~r~g...o.f WO?~!~...~!.._.s~h_a_ll__._b_e__permitted excet~t as approved in a
subdivision, planned uni~ development or site plan app!.ication.
Supp. No. 8 1013
02/20/01 14:37 FAX 612 937 5759 CITY OF CHANHASSEN ~005
§ 18-~1
CHANHASSEN CITY CODE
(d) The following standards shall be used in evaluating subdivisions and site plans:
(1)
It is a policy of the City of Chanhassen to protect the integrity of the natural
environment through the preservation, protection, and planting of trees. The city
finds that trees provide many benefits including: stabilization of the soil by the
prevention of erosion and sedimentation, reduction of storm water runoff and the
costs associated therewith, improvement of air quality, reduction of noise pollution,
control of urban heat island effect, protection and increase of property values,
protection of privacy, energy conservation through natural insulation, control of
drainage and restoration of denuded soil subsequent to construction and grading,
protection from severe weather, prov/ding habitat for birds and other Wildh~f~,,
conservation and enhancement of city's physical and aesthetic environment, refores-
~fibii-~ o--p-e-n-lands, and general protection and enhancement of the quality of life and
.... ~-~l--~-~e of the city. It is therefore the purpose of this section to provide
regulations rela~-d-t-6~h~-~utting, removal, or killing of trees on construction and
development sites and to ensure the protection and preservation of the natural
environment and beauty of the City of Chanhassen.
(2)
Prior to the submittal of development plans, ~~...~i~llbeprepm~
by a registered landscape architect, licensed forester, or other professional approved
by the city. This survey shall include the species, DBH size, condition, location of all
significant, special, damaged or diseased trees on site. All significant special,
damaged or diseased trees shall be tagged and identified by number on the survey. A
delineation of the existing canopy coverage area(e) which outlines all areas covered by
tree canopy shall be included as part of the survey. Additionally, all damaged and
diseased trees shall be cataloged with the nature and extent of any damage or disease
specified.
Based on this survey and either site observation and measurement or a current
aerial photograph (taken within one (1) year of the date of plan submittal)
interpretation, the following shall be calculated:
1. Base line canopy coverage.
2. Minimum canopy coverage requirements.
The. following table shall be used to determine the minimum amount of canopy
' ' .~' 'ii. ~. ':'~'~..~':c~]r,e..rage-that.mus~be'maintained o~ iprovided'on-site as'part.' of the development. It
shall represent the minimum canopy coverage, consisting of existing tree canopy
and/or additional trees required for the site. Existing wetland areas located on site
shall be excluded from the calculation of site area in the determination of site
coverage. If a forested area is to be dedicated to the city for park land, then this area
shall not be included in the base line canopy coverage area calculation nor shall it
county towards the minimum canopy coverage for .the site.
Supp. No. 8 1014
02/20/01 14:38 FAX 612 937 5739 CITY OF CHANHASSEN ~006
SUBDMSIONS
§ 18-61
Comprehensive Plan
Designation
CommerciaYindustrial/inzti-
tutional
Itigh dens/ty residential
Medium density residential
Low density residential
Large lot residential
Base Line Canopy Coverage
Per Acre
80--100% 60--79% 40--59% 20---39%
28% 25% 20% 14%
I9% or
10%
35% 30% 25% 20% 15%
40% 35% 30% 25% 20%
55% 46% 35% 30% 25~5
68% 56% 43% 35% 25%
Base line canopy coverage is the canopy coverage existing at the time the development
application is filed with the city. Minimum canopy coverage is determined by using
the matrix.
Priority shall be given to retaining stands of trees and undisturbed wooded lands over
individual specimen trees that will be incorporated into the development. No more
than ten (10) percent of the canopy retention requirement may be met by an
individual tree that is not included within a designated woodland area.
For developments that do not meet the minimum canopy coverage, the developer shall
be required to develop a forestation plan to bring the total canopy coverage up to the
minimum requirement. Where existing woodlands are removed or there is a loss of
trees that would otherwise be used to meet the canopy coverage retention require-
ment, the developer shall develop a woodland replacement plan. The replacement
plan must designate an area at least one and two-tenths (1.2) times the removed
canopy coverage area that shall be planted with replacement trees for those removed.
These plans shall locate additional trees either as a continuation of existing stands of
trees that are to be preserved or create new stands of trees in desirable locations such
as along roadway corridors, on the north and west perimeters of the development, in
common open areas, or adjacent .to park facilities.
The following criteria shall be followed in establishing minimum canopy coverage:
1. When planting trees, one (1) tree shall be deemed to provide one thousand
eighty-nine (1,089) square feet of required canopy coverage;
2. Trees must be from the approved list of desirable species (preference given
for trees des!gnat, ed as.native); ............
,,;._ .i; ,__..,3;/-. No more than one~thir~i(¥.S)'0f the trees may be from any one (!) tree species;
4. Trees shall average a{,Ioast two- and -one-half-inch caliper and may be a
minimum of one- and -one-half-inch caliper;
5. Not less than twenty (20~'p, ercent of the trees shall be conifers;
6. Conifer trees shall average seven (7) feet and shall be a minimum of six (6)
feet in height;
Supp. No. $ 1014.1
02/20/01 14:39 FAX 612 937 5739 CITY OF CHANHASSEN ~007
§ 18-61
CHANHASSEN CITY CODE
7. Plant materials used for the reforestation shall be of a similar spedes as
vegetation found on site;
8. Trees shall be used that are appropriate to the soil conditions found on site;
and
9. Trees shall be from certified nursery stock as defined and controlled by
Minnesota Statute sections 18.44 through 18.61, the Plant Pest Act.
(3) To the extent practical, site design shall preserve significant woodland areas and
special trees. Special priority for tree preservation shall be ~,iven to areas within
floodpl~{n,, wetlands, stream corridors, wooded elopes, and alon~ collector and
arterial roadway corridors. To facilitate this, a woodland management plan, which
may include preservation, forestation, and replacement elements, shall be formulated
by the developer as one component of the development proposal. The woodland
management plan shall be prepared and signed by a registered landscape architect,
licensed forester, or other professional approved by the city. This plan shall include
the following information:
a. Tree survey;
b. Designated woodland areas;
c. Location and size of replacement/forestation tree planting areas;
d. List of all replacement trees including species, caliper; and planting method;
e. Methods of tree protection;
f. Location of all protective fencing;
g. Special construction methods to be utilized;
h. Location of all retaining walls;
i. Statement expla/ning why replacement trees are necessary;
Rationale for selection of placement/forestation trees.
. (4) In single-family detached residential developments, the applicant must demonstrate
that suitable home sites exist on each lot by describing a sixty-foot by sixty-foot
building pad (which includes deck area) without intruding into required setbacks and
easements.
(5)Minimizing the tree loss should be achieved by any combination of the following:
a. Realignment of streets, utilities and lot lines.
. . b ..... Consideration of alternative, utility, configurations .such as the use. of: ejecto~ :
· i:.. ,....... i'. 'i.:..'i:!i'.,.ii -i~um. ps; force ma/ns, or revised home elevations to ~imiZe ~ading~.'~·'
c. Reductions in street width and right-of-way and increase in street grade up to ten
(10) percent when the applicant can demonstrate that significant tree preserva-
tion is d/rectly related to the modification.
d. Use of private drives in lieu of public streets.
e. Variation in street radius and design speed..
Sup~ No.S 1014.2
02/20/01 14:40 FAX 612 937 5739 CITY OF CHANHASSEN ~008
SUBDIVISIONS § 18-61
f. Modified grading plans.
g. Within PUDs, the city council may consider waivir~ minimum lot area require-
meats and/or density transfers as long as it can be demonstrated by the
applicant, that tree preservation can be enhanced. In no case shall overall project
densities exceed what is allowed by the Comprehensive Plan. The greater the
level of preservation, the greater flexibility will be considered by the city.
h. Within PUDs, variations to building setback lines provided a minimum twenty
(20) foot building separation is maintained between buildings on adjacent lots.
The setback variations shall be established and recorded as part of the plat
approval.
(6) Trees designated for preservation shall be protected by snow fences with clearly
marked signage specifying that the area is off limits for construction activities, or
other means acceptable to the city, prior to land preparation or construction activities.
Protective barriers must be located at twelve (12) times the tree diameter at DBH
from the base of the tree the critical root zone, and must remain in place until all
construction activities are terminated. No equipment, chemicals, soil deposits, or
construction materials shall be placed within the protective barriers. All understory
trees and natural vegetation should be preserved within the boundaries of the
protective areas. Where this protection area cannot be maintained or would otherwise
render lots undevelopable, au alternate protection, mitigation Or tree replacement
plan may be considered and approved by the city. This plan .may include the use of
retaining walls, installation of aeration systems, requirement for post construction
deep root fertilization and soil aeration, or construction vehicle ramp systems.
(7) At the dty~s discretion, conservation easements may be required to protect designated
tree preservation areas. Such easements shall be permanently marked and signed as
a conservation area with low profile monumentation acceptable to the city. A
monument is required for each three hundred (300) linear feet of tree conservation
area. Within designated woodland areas, the city shall encourage the use of indige-
nous grasses and plant species to more closely resemble a natural area. Home owners
associations shall be responsible for the maintenance of vegetation in common areas.
Individual property owners shall be responsible for the maintenance of vegetation on
their property. The planting of trees in excess of those required by this ordinance is
permitted within the designated woodland area.
(8) During the removal process, trees shall be removed so as to prevent blocking of public
(9):-Tl~e' Yem~¥al 'of d~s~as~d~.and 'damaged 'trees '~s permisSible' only if they cannot' be
saved. ~l'hese trees shall n°t be counted when computing the base line tree canopy
coveraye.
(10) l~y protectedsigntfleant trees areremovedm, kllled~or, there ts a loss of?~'las th~.
~iIll~t~tehei~lMr~each~..inch..o~.DBI-L of~.the~remnvod,~ killed,..o£, lost:, trees. ,.The
Supp. No. 8 1014.3
02/20/01 14:41 FAX 612 937 5739 CITY OF CHANHASSEN ~009
§ 18-61
CHANHASSEN CITY CODE
replacement trees shall be at least two and a half (2V~) inches ~caliper and will be
species that conform to the List of Desirable Tree Species for Planting in Chanhassen.
No more than one-third (¥s) of the trees may be from any one (1) tree species. Other
species or sizes may be used as replacement trees subject to approval by the city.
Alternately, at the city's discretion, if a developer removes trees within a protected
area, the canopy coverage area shall be calculated for that area and a replacement
area one and one-half (1.5) t!~es the canopy coverage area that was removed shall be
planted. One tree shall be planted for each one thousand eighty-nine (1,089) square
feet of required replacement area. Trees shall be from the list of desirable tree species,
no more than one-third (Va) of trees from any one (1) tree species, average two- and
-one-half-inch caliper with a minimum one- and -one-half-inch caliper, a similar
species as vegetation existing on site, and appropriate to the soil conditions. Any
replacement trees that cannot be planted on the original site due to space restrictions
shall be planted on city property at locations to be determined by the city.
(11) Financial guarantees acceptable to the city shall be required to ensure compliance
with this section.
(e) Financial guarantees acceptable to the city shall be required to ensure satisfactory
installation of landscaping requirements.
(Ord. No. 33-D, § 6.6, 2-25-85; Ord. No. 153, § 2, 11-4-91; Ord. No. 204, §§ 1, 2, 5-9-94; Ord.
240, § 7, ?-24-95)
Cross reference~Landscaping and tree removal, § 20-1176 et seq.
Sec. 18-62. Erosion and sediment control.
(a) The development shall conform to the topography and soils to create the least
potential for soil erosion.
(b) The smallest practical increment of land shall be exposed at any one (1) time during
development.
(c) Detailed requirements for each plat shall be set forth in the development agreement.
(d) Subdivision development shall conform to the city's Construction Site Erosion and
Sediment Control Best Management Practices Handbook, as amended.
(Ord~ No. 33-D, § 6.7, 2-25-85; Ord. No. 178, § 1, 10-26-92)
Sec. 18-63. Surface water management.
. (a! .Al! subdivisions, shall comply with the city's, surface .water management, plan dated
Febru~-i1994, which is incorporated herein bY this reference. ~ ' '
Co) In accordance with the city's surface water management plan as a condition of
subdivision approval, subdividers shall pay a water quality and water quantity connection
charge. The charge shall be based upon the gross area of the subdivision less the area to be
dedicated to the city for ponding, parks and wetland, and right-of-way for state highways,
c~unty roads, and local arterial roadways. The subdivision will be given a credit for any onsite
Supp. No. 8 1014.4
02/20/01 14:41 FAX 612 937 5739 CITY OF CHANHASSEN ~010
SUBDMSIONS § 18-77
storm water improvement which has been oversized to serve property outside the subdivision.
The charge for lots oversized dueto individual onsite sewage disposal and water systems will
be reduced to the ch_re'ge that would be imposed on a one-half acre lot. An additional charge will
then be imposed ffthe lot is further subdivided less a credit for the charge previously paid. The
charge shah be paid in cash before the subdivision is approved by the city unless the city and
subdivider agree, that the charge may be assessed against the property. Property being
subdivided shall be exempt from the water quality and water quantity connection charges
imposed by this section ff the charges were paid or assessed in col~junction with a previous
subdivision of the property and if the property is not being zoned to a classification with a
higher charge.
(Ord. No. 33-D, § 6.8, 2-25-85; Ord. No, 225, § 1, 10-24-94)
Seca 18-64--18-75. Reserved.
ARTICLE IV. EASEMENTS, DEDICATION OF LAND OR CASH CONTRIBUTION
FOR PUBLIC PURPOSE AND REQUHtED IMPROVEMENTS
Sec. 18-76. Easements.
(a) Ail easements shall be dedicated by appropriate language on the final plat in
accordance with this section.
(b) Easements at least ten (10) feet wide along all street right-of-way lines, five (5) feet
along both sides of rear and side lot lines, shall be provided for utilities where necessary. If
appropriate, easements of lesser or greater width may be required by the city. All utility
easements shall have continuity of alignment from block to block.
(c) Easements shall be provided along each side of the centerline of any water course or
drainage channel, to a width sufficient to provide proper maintenance and protection and to
provide for storm water run-off from a one-hundred-year storm of twenty-four (24) hours'
duration. Where necessary, drayage easements corresponding to. lot lines shall be provided.
Such easements for drainage purposes shall not be less than twenty (20) feet in width.
(Ord. No. 33-D, § 7, 2-25-85)
Sec. 18-77." DediCation 'of land Or cOntribUtion 'in CaSh .for public purposes.
In every plat or sUbdivision the developer may be required to dedicate to the public streets,
easements for sewers, electric, gas., water facilities, storm water drainage, holding ponds and
similar utilities and improvements.
(Ord. No. 33-D, § 8, 2-25-85; Ord. No. 85, § 1, 3-14-88)
Supp. No. 8 1014.5
J?/01/99 THU 14:42 FAX 6514502502 INVER GROVE HT5 CITY HAL
The following is the Tree Prese~'ation Ordinance aa amended by the City. Council at its
March 24, 1.997 meeting.
~001
Section 540 - Relatin~ to ReRulations for Tree Protection_
- _And Preservation Durin°-Land Alteration
(A.mended by Ord. 779; 4/12/93 and Ord. 4/24,'97)
540.01. Purnose, The purpose of this section is to provide for minimal tree toss and mitigation
of tree removal in wooded areas of the City. Tree cover is beneficial in terms of aesthetics,
screening, cooling, wildlife habitat, watershed control, air quality enhancements, erosion control
and preservation and enhancements of property, values. Land alteration that causes large scale
destruction of trees diminishes and impairs the public health, safety and general welfare. The
intention of this section is to provide regulations relating to the curling or removal of trees in
areas where the natural vegetation or topography are to be significantly altered.
540.03. Definitions. The following terms, as used in this section, shah have the following
meanings:
Subdivision 1. ~ The person or entity proposing land alteration.
Subd. 2. C__!i~' Council. The Inver Grove Heights City Council.
Subd. 3, Cit',, Forester: The forester hired by the City of Inver Grove Heights.
Subd. 4. Woodland. An area at least one acre in size of unplatted land utility
easements, or rights-of-way which have at least twenw. (20) significant trees on the parcel or
which has tree cover over at least thirty-five percent (35%) of the total land area.
Subd. 5. Significant Tree. A healthy deciduous tree measuring eight inches or greater
. at a point four and a half feet above grade, or a healthy, coniferous tree measuring
eight or pealer,
d. 6. Preservation Area_, A delineated area which designates trees and vegetation
preserved during the construction and land alteration process.
,d. 7. Land Alteration.. Any modification, tree cutting, or removal, grading,
ling or other change to a woodland which may initially or cumulatively result in:
The movement of more than 500 cubic yards of earth where significant trees are
present; or
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 on
any parcel o t land; or
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INVER GROVE HT5 CITY HAL
[~002
c. Any cutting, removal or killing of more than ~venty. percent (20%) of' the
significant trees on any parcel of' land: or
d. Any destruction or disruption of' tree cover equal to or greater than t~enty-five
percent (25%) of' the total tree cover on any parcel of' ia.nd; or
e. Any other significant change in the natural character or topography of.the land.
540.03. Woodland Protection Standards.. No L:md Alteration, within a woodland shall occur
until the City. tSnds that the Land Alteration complies with the f'o[lowing:
Subdivision 1. Nlaximum Possible Preservation. The land alteration shall be
conducted so that the maximum amount of' woodland is preserved by the clustering of' structures
wherever possible, or by the use of. other innovative design techniques where appropriate.
Measures shall be taken to protect anc~ preserve the preserx'ation area as described in the Ciw's
Guidelines for Preventing Construction Damage.
Subd. 2. protection ,of Root Zones. Grading, contouring, paving, and any excavation
or trenching shall not detrimentally affect the aeration or permeability o'f. the root zone in the
preservation area.
Subd. 3. Data Submis.sion. The applicant shall submit data at the time of. preliminary.
plat submission to t~e City that outlines conformance to Section 540. The data shall include:
a, Invento~ or' all significant trees by species, diameter -and condition.
b. Identification of significant trees to be preserved.
c. Identification of significant trees to be removed-
d. Identification of all significant trees within the 30' grading limit.
Subd. 4. Removal Thresholds. Although the applicant must retain the maximum
amount of woodland possible, the City recognizes that a certain amount of significant trees and
tree cover removal is an inevitable consequence of the urban development process.
Therefore, in the following zoning districts listed in Column 1, a percentage ot the woodland may
be removed without any obligation for reforestation, but only up to and including the threshold
percentage or' woodland listed in Column II. If the land alteration results in woodland removal
that is less than the percentage thresholds o£ Column II then the applicant shall he given for each
percent under the thresholds, a credit of one percent (1%), up to a maximum of ten percent
(10%), toward uhe total park dedication or park contribution requirement of. Section 510.09,
Subd. 9. If.the land alteration results in woodland removal that exceeds the percentage listed in
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laver Grove Heights Code
540.05, Sub& 5
Column H, then the applicant shall be responsible ['or reforestation in accordance with the
standards of'this Section 540.05, Subd. 5.
Column I ~
~ Threshold
1. A 25%
2. E-I and E-2 25%
3. R-lA, RI-B, R1-C and R-2 30%
4. P,-3A, R-3B, R-3C and R-3D 40%'
5. B-I, B-2, and P 50%
6. B-3, B-4, I-I and I-2 60%
Subd. ~. Reforestation.
If the land alteration results in woodland removal beyond the woodland removal
threshold, the applicant shall be required to submit a reforestation plan. The
reforestation plan rnus~ be submitted prior to final plat approval. The
reforestation plans shall include:
1. Location of proposed reforestation.
2. Species and size of proposed plantings.
3. Quantity of proposed plantings.
b. The reforestation plan shall comply with the following criteria:
Tree replacement will be predicated on total number of diameter inches of
significant trees removed beyond the threshold limits outlined in 540.05,
Subd. 4.
Actual replacement quantities shall be adjusted based on the type of
woodland removed in accordance with the following guidelines: (Ord.
890; 3/24/97)
Class A.
Fast-~owing Deciduous Species - predominantly boxelder,
cottonwood, ~pen, Siberian elm, American elm, silver
maple, red maple, willow: 10%.
Class B. Conifer - predominantly pine, spruce, cedar: 75%
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[river Grov~ Heights Code
54.0.05, Subd, 5b(3)
Class C.
Mixed Hardwoods : a mixture of any of the following
species: oak, birch, sugar maple, black cherry, basswood,
ironwood, walnut, a~h, hackberry, locust: lO0?/o
Class D.
Hardwood predominantly mature oaks or walnut:
125%.
Species replacement must meet landscape guideline policy.
Trees shall be located adjacent to the development or proposed structures
such as yard setback areas, outlots or reforestation shall occur in such a
way to .replace trees removed with trees of Class B, C and/or D species.
These trees shall be planted based on the frequency and density as
determined by the City. Should the development not have sufficient room
on the site to allow for all required reforestation, the balance may at the
City Council's discretion either be: 1) planted upon public property in
locations approved by the City, or 2) a cash payment to the City in an
amount equivalent to the cost of the plantings, said payment to be used by
the City, for future plantings on public property. (Ord. 890; 3/24./97)
Reforestation plan shall be reviewed and approved by t~'f~"City Fore,reft2
prior to final plat approval by City Council.
The actual replacement quantities for woodlands located on commercial
and industrial developments in Tax Increment Financing Districts may be
reduced according to such factors as: the stated purposes for creation of
the subject Tax Increment District, need for tax base generation in the Tax
Increment District, and mandatory landscaping requirements as specified
in the City's Landscaping Policy. The City Administrator shall review
each such proposal prior to final plat approval and make a
recommendation to the City Council on the actual percentage of replace-
ment that will be required. At the time of final plat approval, the City
Council shall make a final decision regarding actual replacement
quantities basect upon the factors listed above. In no instance will the
replacement rate be less than 10% for Class A species and 25% for Class
B, C and D species, as defined in Section 54.0.05, SuM. 5(b)(2). (Ord.
$90; 3/24/97)
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laver Grove Heights Code
540.05, Subd. 6
Subd. 6. Constru. ction Damaee to Significant Trees in or Near Preservation Area.
Significant trees which are within thirty (30) feet of the proposed grading limits shall be
surveyed by the applicant. Any sig~nificant tree that the applicant commits to preserve that is
subsequently damaged, during or as a result of' construction, shall be replaced by the applicant on
a one for one diameter inch basis.
Subd. 7. Landscape Bond. The applicant shall post with the City a landscape
performance bond or cash deposit or Letter of Credi: in the amount of 510,000 when the land
alteration exceeds the woodland removal threshold limit. The bond shall ensure adherence to
the requirements of this Section 540.
540.07. Collector a.,nd Arterial Roa. ds and Trunk and Lateral Utility Construction:
Subdivision 1. This section shall only apply to collector and arterial road and trunk and
lateral utility construction projects. All interior roads and utility service will be required to
adhere to applicable zoning district thresholds.
Subd. 2. ~oad and Utility Construction. Sig-nificant trees shall not be destroyed or
removed within the right-of-way unless such destruction or removal is absolutely necessary
because of engineering standards relating to accessibility, safety, sight distances or maintenance
requirements, and acceptable alternate means of construction or alternate routes are not possible.
Subd. 3. Reforestation. If the road or utility construction destroys or removes (50%)
or less of the significant trees or tree cover in the right-of-way, then the person or entity
conducting the construction shall not be responsible for reforestation. If, however, more than
50% of the significant trees or tree cover within the easement or right-of-way are destroyed or
removed, then the person shall be responsible for the following:
a. Piling a landscape bond of $10,000 pursuant to 540.05, Subd. 7.
Replacement of trees that exceed the 50% threshold in accordance with Section
540,05, Subd. 5. The replacement tree~ shall be planted on the adjoining setback
areas, assuming the landowners consent; otherwise, thc replacement trees shall be
planted on public lands as determined by the Director of Parks and Recreation.
S40.09 Exception. The requirements of this Section 540 shall not apply to the removal of
trees seriously damaged by storm, other acts of nature, or disease.
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540.1 l
540.II. Tree Replacement. Replacement trees shall be planted no more than 12 months after
the date that land alteration has commenced. If the applicant is prevented fi.om performing
within this time limit because of unforeseeable reasons beyond the applicant's control, the City
Forester may extend the time for performance. The applicant shall inform the City Forester
when all replacement trees have been planted, at which time the City Forester shall inspect the
site.
540.13 Release of Performance Security: The performance security shall remain in effect for
at least one year after the date that the last replacement tree has been planted. The City may
release the performance security at that time unless the City Forester, upon inspection, finds that
any of the replacement trees have died or are unhealthy, or if there was any encroachment upon
the protective fencing surrounding any tree to be saved. The City may retain that portion of the
performance security equal to the cost of removing dead or unhealthy trees and replanting
replacement trees. If the applicant supplies proof of a nursery guarantee which is approved by
the City Forester, then the performance security posted by the applicant shall be released upon
planting of the last guaranteed tree. The nursery guarantee shall remove liability from the
applicant and responsibility will be placed upon the nursery or current land owner.
540.15. Education. The City Parks and Recreation Director shall develop an education
program which shall be distributed to applicants and all general contractors prior to receiving a
contractor's license from the City. The information shall include, but not be limited to;
prevention of construction damage to trees, tree replacement, pruning, general tree protection
techniques and tree disease information.
540.17. pe..nalW.~ Any person who violates this Section 540 is guilty of a misdemeanor.
ORDINANCE NO.
2ND SERIES
AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AM~ENDING EAGAN
CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATION
(ZONING)" BY ADDING SECTION I1.10, SUBD. 15.1 REGARDING TREE
PRESERVATION REGULATIONS; AND BY ADOPTING BY REFERENCE EAGAN
CITY CODE CHAPTER 1 AND SECTION 11.99.
The City Council of the City of Eagan does ordain:
Section 1. F~an City Code Chapter 11 is hereby amended by adding Section 11.10,
Subd. 15.1 to read a~ follows:
Subd. 15.1. Tree Preservation
Findines and Purpose Statement. The City Council finds it is in the best
interest of the City of Eagan to protect, preserve, and enhance the natural
environment of the commun/ty and to encourage a resourceful and prudent
approach to the development and alteration of'wooded areas. In the interest
of achieving these objectives, the City of Eagan has established the
comprehensive tre& preservation regulations herein to promote the
furtherance o£the following:
Protection 'and preservation of the environment and natural beauty of
the City;
Assurance of orderly development wi~in wooded areas to ~e
tree and habitat loss;
Evaluation of the impacts to trees and wooded areas resulting from
development.
Establishment of mlr~irnal standards for tree preservation and the
mitigation of environmental impacts resulting from tree removal.
Prov/sion of incentives for creative land use and environmentally
compatible site design which preserves trees and rn/n~i~es tree
removal and clearcurting during development; and
Enforcement of tree preservation standards to promote and protect
the publ/c health, safety and welfare of the conunun/ty.
Definitions For the purposes of this Subdivision, the following terms shall
be deemed as stated:
"Applicant" shall mean any person or entity who is required to. submit and
implement an approved Tree Preservation Plan under this section.
"Builder" shall mean any person or entity to whom a building permit is
issued for the cons=action of a single-family residence.
"Caliper inch" shall mean the diameter of replacement trees measured at a
height of one foot (1') above the ground level.
"Consl~'uction Area" shall mean any area in which movement of earth,
alteration in topography, soil compassion, 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)" shall mean an imaginary circle surrounding the
tree trunk with a radius distance of one (1) foot per one (1) inch of tree
diameter, e.g. a 20 inch diameter tree has a CRZ with a radius of 20 feet.
"Developer" shall mean any person or entity other than a builder as de£med
herein, who undertakes to improve a parcel of land, by platting, grading,
installing utilities, or constructing or improving any building thereon.
"Development" shall mean individual lot single family residence
development, single-phase development and two-phase development as
those terms are defined herein.
"Diameter" shall mean the length ora straight line measured through the
tnmk of a tree at 54 inches above the ground.
"Diameter Inch" shall mean the diameter, in inches, of a tree measured at
diameter breast height (4.5 feet from the uphill side of the existing ground
level).
"Drip Line" shall mean the farthest distance away from the trunk that rain
or dew will fall directly to the ground from the leaves or branches of the
tree.
"Forester" shall mean a person holding a Bachelor's degree in forestry from
an accredited four-year college of forestry.
"Individual Lot Single Family Residence Development" shall mean the
process where the cons~'uction of a new single family residence occurs on a
single lot, or the expansion of any existing single family residence by ten
(10) percent or greater square feet.
"Landscape Architect" shall mean a person licensed by the State of
Minnesota as a landscape architect.
"Significant Woodland" shall mean a grouping or cluster of coniferous
and/or deciduous flees with contiguous crown cover, occupying 500 or
more square feet ofpropeny, which are comprised of deciduous flees
between four inches and twelve inches in diameter or coniferous u'ees
between four feet and twelve feet in height.
"Single-phase Development" shall mean the process where improvement of
the entire site occurs in one contLnu.ing process. Activities which can occur
during single-phase development include initial site grading; installation of
utilities; consu'uction of public su'eets; consu'uction and grading of drainage
ways; filling of 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" shal.1 mean any of the following type of trees, as each is deft.ned
herein:
"Coniferous/Evergreen Tree" shall mean a woody plant which, at
maturity, is at least twelve (12) feet or more in height, having foliage
on the outermost po~on of the branches year-round.
"Deciduous Tree" shall mean a woody plant which, at maturity, is at
least f~'teen (15) feet or more in height, having a defined crown, and
which sheds leaves annually.
"Significant Tree" shall mean a healthy flee measuring a minimum of
six (6) inches in diameter for hardwood deciduous l~ees, defined
herein, or a rni~irnuzn of twelve (12) inches in diameter for softwood
deciduous flees as defined herein; or a minimum of twelve (12) feet
i~ height for coniferous/evergreen trees.
"Hardwood Deciduous Tree" shall include: Ironwood, Catalpa, Oak,
Maple hard, Walnut, Ash, Hickory, Birch, Black Cherry, Hackberry,
Locust and Basswood.
Co
"Softwood Deciduous Tree" shal. l include: Cottonwood,
Poplars/Aspen, Box Elder, W/l~ow, Silver Maple and Elm.
"Specimen Tree" shall mean a healthy hardwood deciduous tree
measuring equal to or greater than ~ (30) inches diameter and/or
a coniferous tree measuring 50 feet or greater in height.
"Two-phase Development" shall mean the process where improvement of
the entire site occurs in at least two distinct phases. Generally the first
phase includes initial site grading; installation of utilities; construction of
public streets; construction, grading of drainage ways; and 6Iling of any
· reas. The second phase generally includes grad/nE of specific pad areas;
utility hookups; construction of buildings, parking lots, dr/veways, storage
re'cas, recreation areas, pr/vate streets; and any other activity within the
spec~c consm.tction zone.
,,Tree Preservation Plan.
Scope of Application. A Tree Preservation Plan shall be submitted to
and approved by the City and implemented in accordance therewith
in connection with any of the following:
a. New development in any zon/.ng dis~ct;
b. NeTM building construction in any zoning district;
c. Expansion of any existing commercial, industrial or
institutional building or impervious surface by ten (10)
percent or greater square feet, where an approved Tree
Preservation Plan is not on file with the City; and
d. Any project for which a City grading permit is required.
Submission Requirements. The Tree Preservation Plan required
hereunder shall be submitted with any preliminary subdivision plans
as required by the subdivision regulations of this Code; incorporated
as a pan of any landscape plan as required by the zoning regulations
of this Code; or incorporated as pan of a grading plan and an
application for any grading permit as required by this Code. All Tree
Preservation Plans must be certified by a forester or landscape
architect retained by flae applicant.
The proposed grading plan shall be submitted to the City at least five
(5) working days prior to the issuance of the grading permit to
ensure compliance with the approved Tree Preservation Plan. All
sites shall be staked, as depicted in the approved grading plan, and
the required tree protection fencing shall be installed before grading
is to commence. The City shall inspect the construction site prior to
the beginning of the grudge to ensure ~at protective fenci.ug and
other protective measures are in place. No encroachment, grading,
lrenching, filling, compaction, or change in soil chemistry shall
occur w/thin the fenced areas protecting the 'Critical Root Zone of
the trees to be saved.
Applicants of single-family residential building permits are required
to prepare an Individual Lot Tree Preservation Plan when Significant
Tree, Specimen Trees, and/or Significant Woodlands exist on site.
Individual Lot Tree Preservation Plans are not required to be
prepared by a forester or landscape architect.
plan Requirements. All Applicants shall submit a Tree Preservation
Plan prepared in accordance w/th the provisions of this Subdivision.
The Tree Preservation Plan shall include the following information:
e,
The name(s), telephone number(s), and address(es) of
applicants, property owners, developers and/or builders.
Delineation of the buildings, structures, or impervious
suneaces situated thereon or contemplated to be built thereon.
Delineation of ~11 areas to be graded and limits of land
disturbance.
Size, species, and location of all existing sign~fican! trees,
specimen trees, and significant woodlands located w/thin the
area to be planed or within the parcel of record. These
sigrfificant trees, specimen trees, and sign.ifcant woodlands
should be identified in both graphic and tabular form.
Identification of all significant trees, specimen trees, and
significant woodlands proposed to be removed w/thin the
construction area. These si,?ni~cant trees, specimen trees, and
significant woodlands should be-/dent/fled in both grap~c
snd tabular form.
Measures to protect significant trees, specimen trees, and
significant woodlands.
Size, species, and location of all replacement trees proposed
to be planted on the property in accordance with the Tree
Replacement Schedule; and
Signature of the person(s) preparing the plan.
4. Mitigation
In any development that the tree/woodland allowable removal
limits are exceeded, the applicant shall mitigate the tree loss
by either reforestation of (tree replacement) appropriate m'eas
within the development area, in accora,,~ce with the Tree
Replacement Schedule, or payment to the City of the sum per
diameter inch calculated from the total amount of diameter
inches of the required replacement trees in accordance with
the Tree Replacement Schedule. The fee per diameter inch
shall be set forth in the City of Eagan Fee Schedule and the
payment thereon shall be deposited into an account
designated specifically for tree mitigation.
The form of mitigation to be provided by the applicant shall
be determined by the City.
The planting of trees for mitigation shall be in addition to an),
other landscape requirements of the City.
do
Significant tree replacements will be calculated by replacing
the largest diameter tree first, proceeding down to the smallest
diameter significant tree.
]gequired Protective Measures. The Tree Preservation Plan shall
identify and requ/re the following measures to be utilized to protect
Significant trees, Specimen Trees, and Significant woodlands:
Installation of snow fencing or polyethylene laminate safety
netting placed at the drip line or at the perimeter of the critical
root zone (CRZ), whichever is greater, of sign/ficant trees,
~pe¢/men trees, and sigr~ificant woodlands to be preserved.
No grade change, construction activity, or storage of materials
shall occur within this fenced area.
Identification of any oak trees requiring pruning between
April lSth and July Ist. Any oak trees so pruned shall be
required to have any cut areas sealed with an appropriate non-
toxic u'ee wound sealant.
Prevention of change in soil chemistry due to concrete
washout and leakage or spillage of toxic materials, such as
fuels or paints.
e
.Addir/ona] Protective Measures. The following tree protection
measures are suggested to protect significant trees, specimen trees,
and significant woodlands that are intended to be preserved
according to the submitted Tree Preservation Plan and may be
required by the City:
ao
co
eo
Installation ofretaining walls or tree wells to preserve trees.
Placement of utilities in common trenches outside of the drip
line of significant trees, or use oftutmeled installation.
Use of tree root aeration, fertilization, and/or irrigation
systems.
Transplanting of significant trees into a protected'area for
later moving into permanent sites within the construction
area.
Therapeutic pruning.
.Review Process. The Tree Preservation Plan shall be rev'iewed by
the City to assess the best possible layout to preserve significant
trees, specimen trees, and significant woodlands and to enhance the
efforts to minimize damage to specimen trees, significant trees and
significant woodlands. The applicant shall meet with City staff prior
to submission of the development application or prior to application
for the grading permit, whichever is sooner, to determine the most
feasible and practical placement of buildings, parking, driveways,
streets, storage and other physical features, in order that the fewest
significant trees, specimen trees, and significant woodlands are
destroyed or damaged.
Performance Gu~,rantee,. Any applicant of a new development shall
provide the required performance guarantee following preliminary
approval of the Tree Preservation Plan and prior to any construction
and/or grading. The amount of the performance guarantee to be
submitted, specific to the tree preservation fulfillments, shall be
calculated as follows:
Unless the applicant provides tree mitigation in the form of
cash dedication, one-hundred percent (100%) of the cost of
completing tree replacement mitigation as determined by the
City;
10.
An mount to guarantee preservation of all ~'ees, identified by
the approved Tree Preservation Plan to be preserved, within
Rfieen feet (15') of the construction zone (measured from the
construction limit 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 within
this fifteen feet (15') zone by the rate of payment of $25.00
per diameter inch ~ud the total square feet of significant
woodlands to be preserved within the fi.fteen (15) foot zone
by the rate of $1.20 per square foot.
No performance guarantee shall be required for ~pplicants of
building permits of Single family residential units.
Following written request by the applicant for acceptance, the
performance guarantee will be released upon verification by the City
that the Tree Preservation Plan was followed and that the Tree
Replacement Schedule was complied with where necessary, but in
no event, shall the performance guarantee be released earlier than
one (1) year after the date of the project closure.
Removal of Diseased Trees Required. Prior to any grading, all
diseased, hazard, and nuisance trees on the subject property shall be
identified by the City Forester or City Tree Inspector in accordance
with the tree disease control and prevention regulations of the City
Code. Any and all diseased and nuisance trees so identified shall be
removed from the property, at the time of grading, ffso directed.
Compliance with Plan. The Applicant shall implement the Tree
Preservation Plan prior to and during any construction. The tree
protection measures shall remain in place until all grading and
construction activity is terminated, or until a request is made to and
approved by the City Forester.
No si~ificant trees, specimen trees, or significant woodlands shall
be removed unfij a Tree Preservation Plan is approved and except in
accordance with the approved Tree Preservation Plan as approved by
the City. If a significant tree(s), specimen tree(s) or any significant
woodlands that were intended to be preserved, is removed without
permission of the City Forester, or damaged so that it is in a state of
decline within one year from date of project closure, a cash
mitigation, calculated per diameter inch of the removed/destroyed
Do
tree or per total square foot of significant woodlands, in the amount
set forth in the City of Eagan Fee Schedule, shall be remitxed to the
City.
The City shall have the right to inspect the development and/or
building site in order to determine compliance with the approved
Tree Preservation Plan. The City shall determine whether
compliance with the Tree Preservation Plan has been met.
Allowable Tree Removal.
Tree Removal Allowance. Specimen Tree, Significant Tree, and
-.Significant Woodland removal shall be in accordance with the Cib'-
approved Tree Preservation Plan and in no case shall the amount of
removal exceed the following percentages:
ao
Single Lot Development.
1. Single-Unit Residential, 20%.
2. Commercial and Mu/fi-unit Residential, 30%.
Multi-lot Development
1. Single-Phase Development Process.
1. Single Unit Residential, 40%.
2. Commercial and Multi-unit Residential, 47.5%.
Two-Phase Development.
1. Initial Site Development, 25%.
2. Individual lot development.
a. Single Unit Residential, 20%.
b. Commercial or Multi-unit Residential,
30%.
Excevfion. When practical difficulties or practical hardships result
from strict compliance with the provisions of this paragrapk, the City
may permit significant tree, specimen u'ee, and significant woodland
removal in excess of the allowable limits. In the event such
exception is granted, a reforestation plan or a cash mitigation will be
implemented. The City shall determine which form of mitigation
shall be utilized.
_Tree Replacement ScheduL-
Size of Tree Dam~ed or Des-trgv~
Coniferous - 12 to 24 fee: bJg~
Con/ferous - 24 feet or ~g, her
H~rdwood Deciduous - 6 to 20 inches Diameter
l'b. rdwood Deciduous - 21 to 30 roches D/amettr
Sof~.'ood Deciduous - 12 to 24/aches D/ameter
Softwood Deciduous. · 24/riches d/amr~er
Spec/m~ Tree
[~umber of' Replacement Tree~
Cate~orvA ~ ~
I 2 4
2 4 8
I 2 4
2 4 8
I 2 4
2 4 8
3 6 12
$i~n/ficant 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
lrees 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 2½ 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 1½ inches in Diameter
Coniferous Trees - Not less than 4 feet in height
o
Species Requirement, Where 10 or more replacement trees are required,
not more than fifty ($0) percent of the replacement trees shall be of the
same species of Uee without the approval of the City.
_Warranty Requirement. Any replacement u'ee which is not alive or
healthy, as determined by the City, or which subsequently dies due to
construction activity within one (I) year after the date of project closure,
shall be removed by the Applicant and replaced with a new healthy u'ee
meeting the same minimum size requirements within eight months of
removal. '
Section 2. Eagan City Code Chapter I entitled "General Provisions and Definitions
ApplicaSle to the Entire City Code Including 'Penalty for Violation'" and Section 11.99,
entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as
lhou,~,h repeated verbatim.
S~ction 3. Effective Date. This ordinance sh~ll take effect upon its adoption and
publication according to law.
AT£EST:
CITY OF EAGAN
cil
J. VanOv By: Thomas A. Egan
Its: Jerk
Its: Mayor
Date Ord~nanceAdopted: ~arch 19, 1996
Date Ordinance Published in the Legal Newspaper:
Date of Advisory Planning Commission Hearing:.
March 28,
February
27t
1996
1996
~3f14/2000
15:35 4388810 CITY OF' STILLWATER PAGE
Subd. 28. Treeprotectlon. Tree protection regulations are as follows:
Findings and purpose. The City of Stillwater finds that preservation of trees and woodlands
within the City is critical to the health, safety and welfare of the citizens; that development
within the City has the effect of reducing and in some eases eliminating wooded area, which,
if preserved .and maintained, serve important ecological, recreational and aesthetic benefit to
existing and future residents. Therefore, the purposes of this subdivision are the following:
'I'o prese~e woodlands and trees on--es: protect the safety of such residents by
preventing wind and water erosion, slope instability and rapid runoff; promote the health of
such residents by absorption of air pollutants, contaminants and noise; and protect the welfar~
of residents by increasing rainfall infiltration to the water table; provide a diversified
environment for many kinds of animals and plants necessary for wildlife maLutenance and
important to the aesthetic values and recreational requirements of the area; and promote
energy conservation by providing shade in the summer and windbreak in the winter.
(2) District boundaries. The tree protection reguIations apply to all zoning districts within the
City.
Definitions. The following words when used in this subdivision shall have the meanings
ascribed to them in this subsection, except where the context clearly dictates a different
meaning:
a. Clear cutting means removal of all or substantially all ofa stand of trees in one cutting.
b. Crown cover means the ratio between the amount of land shaded by the vertical
protection of the branches and foliage area of standing trees to the total area of land,
usually expressed as a percentage.
c. dbh: Diameter at breast height ora tree measured at a point approximately 54 inches
above ground.
d. Development means the construction, addition, installation or alteration of any structure,
the extraction, clearing or other alteration of land or the division of land into two or more
parcels, for the purpose of transfer of title or building development.
e. Development permit means any subdivision, planned u_nit development, ZOning permit,
grading permit, preliminary plat approval, rezoning, special use permit o~: variance.
f. Dimensional requirement means minimum and maximum setbacks, yard requirements
and structure height or size restriction established in the zoning and subdivision
ordinances.
g. Person means any individual, firm, corporation, partnership, association or other private
or governmental entity.
h. Structure means anything manufactured, constructed or erected that is normally attached
to or positioned on land, including portable or temporary structures.
i. Significant Tree means a tree measuring at least 6 inches in diameter at 54 inches above
ground (dbh). Cottonwood, silver maple and box elder are protected at a size of 20
inches (dbh). Buekthorn and Siberian elm are not considered significant trees at any size.
83/~4/.2888 15:35 4388818 CITY OF STILLWATER PAGE 83
j. Woodland means a group of trees at least one-half acre in area with a crown cover of the
area of at least/i0 percent.
('4) ,4p, elicatton of Regulatioas. No development p~/-~it may be issued for any development
unless thc development is compliant with the f011owing regular/ohS:
a. Devclopmeat sites located in thc Bluffiand/Shoreland District, Wetland or Wetland
Buffer Area, ravine areas or on slopes greater than 24'perccnt must abide by Vegetation
Alteration Regulations contained in the Bluffland/Shoreland Ordinance (City Codc
Scct/on 31-1, Subdivision 23), Shoreland Management (Section 3 I- 1, Subdivision 33),
Conservation Regulations (Section 35-1) or Subdivision Regulations (Chapter 32).
b. Development should be conducted so that the maximum number of significant trees are
preserved by thc clustering or siteing of structures in clearings. Thc use of other
innovative and creative design techniques shall be encouraged.
c. Grading, contour/nE and paving shall not detrimentally affect thc root zone or stability of
trees to be preserved. Tr~es to be preserved must be provided w/th a water/nc area equal
to at least one-half the crown cover.
d. Private development may not reduce thc existing tree or woodland crown cover by an
area greater than 3:5 pcrcent. The undcrstory plants and root area around preserved trees
should not be disturbed except for removal of invasive plants or underplanting of
desirable plant mater/al.
e. Replacement trees used in reforestation or landscaping must bc compatible with the
exist/nc landscape and plant conditions (sec approved City tree list and planting
standards).
f. Diseascd trees or trees seriously damaged by storm or other acts of God may bc removed
and arc exempt from obtaining atrec cutting permit.
g. No clear cutting of trees is pcrmittcd on any land exccpt as approved in a subdivision,
planned unit development (PUD) or other site development permit.
Tree Protection Plan. A tree protection plan must be submitted for development permits for
property where trees are located and impacted or potentially impacted by development of the
lot. The plan must address the City's tree protection standards as appropriate.
a. A tree protection plan must be submitted for concept PUD or preliminary subdivision
plan review, or be included with submission ora grading plan if not a part ora
subdivision or PUD. For PUD's and subdivisions, the tree protection plan must be
prepared by a forester, landscape architect or land surveyor.
b. The tree protection plan must include the following information:
1. The name(s), telephone numbers(s) and address(es) of the applicant and the property
owner;
2. the location ofall existing and proposed buildings, structures, or impervious surfaces
situated upon or contemplated to be built upon the land;
8~/14/2000 15:35 4388818 CITY OF STILLWATER PAGE 04
3. the delineation of ail areas to be graded and the limits of land disturbance;
4. the location and listing by size and species of existing significant trees, and
delineation of the canopy cover of areas of signiiicant trees and shrubs greater than
10,000 square feet in size. The data on the significant trees should be listed in tabular
form on the plan or included as an attachment;
5. a list of measures to be taken to protect significant trees;
6. a map showing trees prepared to be moved, removed or impacted; and
7. the signature of the person(s) preparing thc plan, their certification, and employer or
firm, address, phone and fax number~;
(6) Tree Replacement. The following standards shall be met when tree replacement is required:
a. Trees removed for subdivision improvements (drainage, road and utilities) must be
replaced on the basis of 10 trees per acre of canopy removed.
b. All significant trees removed above the maximum 30% removal limit for private lot
development must be replaced on a one-for-one basis. If30 percent or less is removed,
no replacement planting is required.
c. Trees replaced under this requirement are in addition to any other trees required to be
planted pursuant to this ordinance or other City planning subdivision requirements.
d. Replacement trees must be planted on the development site according to an overall
project tree replacement plan.
e. A replacement tree fee may be paid to the City if on-site tree replacement is not feasible.
The fee shall be based on the retail costs ora 2" diameter deciduous tree.
f. A tree replacement plan must include the following items:
1. Location. Applicant must provide a plan showing the size, species and location of all
· replacement trees proposed to be planted on the property in accordance with the tree
replacement requirements.
2. Species. Replacement trees must be species which are included on the approved tree
list of the City. Greater than 50 percent of the replacement trees must be species
indigenous to the area. Improved cultivars of native species may be counted as native
species when planted in a boulevard or landscaped areas. In woodland restoration
areas only native specim should be used rather than improved cultivars.
3. Size. Replacement trees must be an average of 2 inches in diameter for deciduous
trees (except bur oak, bicolor oak, ironwood and ornamental trees, which may be an
average of 1.25 caliper inches). Coniferous trees must be an average height of 6 feet.
4. Trees moved from one area of the site to another will be counted as replacement trees
if they are in a healthy condition and approved by the Community Development
Director.
5. Wan'anty Requirements. Any replacement tree that is not alive or healthy, as
determined by the Community Development Director, within two years after the date
ofplanting, must be removed by the Applicant and replaced with a new, healthy tree
meeting thc same species and size requirements.
03/!4/2800 15:35 4388810 CITY OF STILLWATER PAGE 05
Planting Standards. Planting must adhere to the tree and shrub planting standards of
the City of Stillwatcr. The tree and ahmb planting standards of the City ar~ those
adopted by resolution of the City Council and on file with the conununity
Development Director.
(7) Oak 1'tees, Because of their high value and susceptibility to disease, the following standards
shall apply to oak trees:
ao
Oak Wilt Management. If oak wilt is found in any area of thc City, measurcs must be
taken by the property owner to halt the spread of the disease. An oak wilt management
plan must bc submitted to the City. This plan must contain:
1. A copy of the tree inventory map for the property with delineation of areas containing
oak wilt disease.
2. Proposed management plans to control spread of the disease such as:
a. Removal of red or pin oaks before March of the year following wilting to prevent
spore production of the oak wilt fungus; this should include plans for
storage/disposal of infected trees.
b. Installation of wot graft barriers if there are healthy trees of the same or similar
species within 30-50 feet of diseased trees.
1. An oak wilt control specialist should be consulted as to placement ofroot graft
barriers for most effective control
2. Barriers should be installed by currently recommended practices.
3. Removal of diseased oaks should not be done until any root graft barriers have
been installed.
4. A copy ofthe location of any root graft barriers must be submitted to the City
upon completion of installation.
Other measures such as injection of diseased bur oaks, or healthy red or pin oaks
within root graft distance (30-50 feet) of diseased tree, by a licensed pesticide
applicator experienced in trec injection using a pesticide registered for oak wilt
control.
b. Oak Pruning. Oaks may not be pruned Or wounded between April 15 and JUly 1st to
prevent insect transmission of the oak wilt fungus to healthy trees. If pruning or
wounding occurs during this period, the wound must be covered with a recommended
tree wound dressing immediately. Fresh oak stumps must be treated as wounds during
this period and eoverc, xt or ground out immediately following felling of trees.
(8) License Required for Commercial Pruning. Chemical Treatment or Removal of Trees.
a. License Application and Fee. It is unlawful for any person to conduct as a business the
@,3f14/2000 15:35
4388818 CITY OF STILLWATER
PAGE 86
cutting; trimming, pruning, removal, spraying or otherwise treating of trees in the City
without first having secured a license from thc City.
Application for the license shah be made at the office of the Community Development
Director on a form approved by thc City.
All licenses expire on thc next 31st day of December following, the date of issue.
Proof of Insurance. All applicants for the license must file with the city clerk proof ora
public liability Lusurance policy coveting all operations of the applicant hereunder for the
sum of at least three hundred thousand dollars ($300,000.00) combined single limit
coverage. If this insurance is canceled and the licensee fails to replace it with another
policy that conforms to the provisions o£this section, the license is automatically
suspended until the ~iability insurance is replaced.
Chemical Treatment Requirements. Applicants who propose to use chemical substances
in any activity related to treatment or disease control of trees must file with thc office of
the Community D~vclopment Director proof that the applicant administering the
treatment has been certified by the State Departm~t of Agriculture as a "Commercial
Pesticide Applicator" for the current year of operation.
Revocation of License. Failure to comply with any part of this chapter will result in the
revocation of the license by thc City Council, following a public heating. Written notice
of the public hearing must be mailed at least ten (10) days prior to the hearing to thc
current holder of the license. The notice must outline the violation(s) considered by the
City to be grounds for revocation and inform thc holder of the opportunity to be heard at
the public hearing.
(9) Effective Date. This ordinance will be in force and effect from and after its passage and
publication according to law. This ordinance will not apply to any new development that has
been given preliminary plat or PUD approval prior to the effective date of this ordinance.
Enacted by the City Council of the City of Stillwater this.
. day of. 1999.
ATTEST:
Morli Weldon, Clerk
Jay. Kimble, Mayor
FROM : CITY OF OTSEGO PHONE NO. : 612 441 4414
AN ORDINANCE AMENDING THE OTSEC, O SUBDIVISION ORDINANCE TO KESPOND
TO DIRECTIV~g OUTLINED IN T~E'COMDRE~ENSIVE PLAN UPDATE.
THE CiTY COUNCIL OF THE CITY OF OTSEGO DOES ~EREBY ORDAIN:
Section 1. Section 21-1-11 of the Subdivision Ordinance
(Definitions) is h~r~by amended to include the following:
Tree Preservatfon related:
1. Diameter:
The mcaouromont of a tree's
trunk measured foDr and one-
half (4/5) feet abov~ Lh~
ground.
2. Drip Line:
Tb~ farthest distance away from
the trunk o£ ~ ~ree that rain
or dew will fall directly to
the ground from the ]eav,~ or
branches o~ the ~ree.
3. Significant
Tree:
A healthy tr~ measuring six
(~) inches in diamug~r oz
greater.
Tree
Preservation
Plan:
A plan ccrtifiod by a forester
or Landscape architect
indicating all of Lhe
significant trees in thc
proposed development or on the
lot- T~e tree preservation
plan shall £nclude the ~ize,
species and location of all
significant trees prOpom~d to
be saved and removed on
area of development, and thc
meaiure~ proposed to protect
th~ si~ni~ican5 trees to be
saved.
FROM : CITY OF OTSEGO
JNH. 27.199g 4:23PM P 3
PHONE NO. : Gl2 441 4414
5. Tree
Protection:
snow fencing or polyethylene
luminaz safety netting placed
at thc drip line of the
significant trees tO b~
preserved. The tree protection
measures shall remain in place
uni~ all grading and
constructJ, On activity is
terminated.
Section 2. Section 21-6-2.E Of the Subdivision Ordinance
(Plat and Data Requirements - Preliminary Plat P~oD~d Design
F~atures) is hereby amended ~o include the followlnq:
2. Atrec prcocrvation plan as outlined in this Chapter.
S~otion 3. Section 21-7 of the Subdivision Ordiaance
(Subdivision Dcsign Standards) is hereby amended to include the
following~
21-7-22:
TREE P~ESE~rATION: The following proce~ for preserving
uignificant trco~ ~hall be required of subdividers.
Subdividers, however, ~r~ encouraged to preserve all
healthy =tees o~ significant valuu ~vun if the trees are
less than six (6) inches in diameter.
A. $%~bdividers:
1. Subdivider= ~hall~
Prepare a tree preservation plan
be incorporated on the grading plan.
~.n.~ur~. th~. tree preservation plan is followed
during the 91an development (mass grading).
Submit a five hundred doll. mr ($500.00)
security for the preparation o~ individual lot
~ree preservation plans for each mass graded
lot with at least one (1) significant tree to
be saved and for each custom ~raded lot with
a~ least one (1) ~ignificant tree. The
security will be included in the development
contract.
FROM : CITY OF OTSEGO
3RN. 27.1999 4:23PM P 4
PHONE NO. : 612 441 4414
The tree preservation plan must be certified by a
forester or landscape architect. The forester or
landscape architect shall indicate on the plan the
~ollowing item~:
a. Mass graded areas.
be
Custom. graded lots approved as part of the
overall grading and drainage plans.
Size, species, and location of all significant
trees within the construction areas impacted
by grading.
Identification of all significant trees
proposed to be saved and significant trees
proposed to be removed.
Measures proposed to protect significant trees
shall include, but are not limited to:
Installation of snow fencing or
polyethylene laminar safety netting at
the drip linel
(2)
Placing fill against the trunk of the
tree, on the root crown, and under the
drip line of the tree shall be
prohibited~
(3) Installation of erosion control measures.
(4)
Prevention of change in soil chemistry
due to concrete wash out and leakage or
spillage of toxic materials such as fuels
or paints.
(5)
Pruning of oak trees must not take place
from April 15 through July 1. If
wounding of oak trees occurs, a non-toxic
tree wound dressing must be applied
immediately. Excavators must have a non-
toxic tree wound dressing with them on
the development site.
FROM : CITY OF OTSEGO
ZAN. 27.1999 4:23PM P 5
PHONE NO. : 612 441 4414
m
During preliminary plat review, the. tree
preservation plan will be reviewed according to the
best available layout to preserve significant trees
and the efforts of the subdivider to mitigate
damage to significant trees.. If two (2) or more
trees are preserved on each lot (preferably the
front yard of the lot), the landscape plan
requirements of two (2) two (2) inch caliper trees
is waived.
The subdivider shall provide a financial guarantee
as part of the development contract to ensure
protection of all significant trees which were to
have been saved but were actually destroyed or
damaged. The s~bdivider shall provide a financial
security for each mass graded lot with at least one
(1) significant tree to be saved and a financial
security for each custom graded lot with at least
one (1) significant tree as part of the development
contract to ensure tree protection. The financial.
security, generally one thousand dollars
($1,000.00) per lot, will be determined by the
Zoning Administrator based on the number and size
of trees to be saved. The security will be
included in the erosion control section of the
development contract.
After the mass grading has been completed and
streets and utilities installed, the forester or
landscape architect shall:
ae
Certify in writing to the City the tree
preservation plan was followed.
Certify in writing to the City the tree
protection measures were installed.
Ce
Indicate which significant trees proposed to
be saved have been destroyed or damaged.
If a significant tree indicated to be saved on the
tree preservation plan is destroyed or dar~aged, the
tree replacement policy will be enforced by the
City (see Section 21-7-22.D of this Chapter).
The financial security will be released upon:
4
]AN. 27.1999 4:24PM P 6
FROM ': CITY OF OTSEGO PHONE NO. : 612 441 4414
Certification in writing by the forester or
landscape architect indicating the tree
protection measures were installed on mass
graded lots and tree replacement is completed,
and/or
The .builders have posted security for the
custom graded lots. The location of the trees
being replaced will be determined on the
individual lot tree preservation plan.
Tree preservation measures shall require written
approval from the City Engineer prior to removal
and shall not be removed from the site until the
City Engineer has approved the grading as-built
plans for a mass graded site nor prior to the
release of financial securities held by the City.
Home Builders:
The City will require an individual lot tree
preservation plan prepared and incorporated on the
required site survey for each custom graded lot
with at least one (1) significant tree. The plan
shall be consistent with the original tree
preservation plan for the plat. The homeowner,
builder and the forest or landscape architect shall
meet prior to the development of the individual lot
tree preservation plan to determine the placement
of the home where the fewest significant trees
would be destroyed or damaged. The builder will be
responsible for ensuring the tree preservation plan
is followed during building construction. On mass
graded lots with at least one significant tree to
be saved, builders are required to follow the tree
preservation plan for the plat.
The individual lot tree preservation plan must be
certified by a forester or landscape architect and
signed by the homeowner. The forester or landscape
architect will indicate on the plan the following:
Size, species, and location of all significant
trees within the construction area.
be
Identification of all significant trees
proposed to be saved and significant trees
proposed to be removed.
FROM : CITY OF OTSEGO
JAN. 2?.1999 4:24PM P 7
PHONE NO, : 612 441 4414
Measures proposed to protect significan~ trees
shall include but are'not limited to:
(1)
Installation of snow fencing or
polyethylene laminar safety netting
placed at the drip line·
(2)
Placing fill against the trunk of the
tree, on the root crown, and under the
drip line of the tree shall be
prohibited.
(3) Installation of erosion control methods.
(4)
Prevention of change in soil chemistry
due to concrete wash out and leakage or
spillage of toxic materials such as fuels
or paints.
(5)
Pruning of oak trees must not take place
from April 15 through July 1. If
wounding of oak trees occurs, a non-toxic
tree wound dressing must be applied
immediatelY. Excavators must have a non-
toxic tree would dressing with them on
the development site.
Home builders will be required to furnish the
following items for tree preservation at the time
the building permit application is submitted for
all lots with at least one (1) significant tree:
Security of one thousand dollars ($1,000.00)
per lot per tree protection requirements.
Certification from a forester or landscape
architect indicating tree protection measures
are installed.
Builders are liable for subcontractors which
destroy or damage significant trees which were
indicated to be saved on the individual lot
tree preservation plan.
Building inspectors
protection measures
inspections.
will monitor the tree
at the time of routine
JNN. 27. lggg 4:25PM P 0
FROM : CITY OF OTSEGO PHONE NO. : G12
Prior to the issuance of a cerLi£iGate of occupancy
and r~lease of tr~e preservation socurity, the
forester or landsoape architect shall certify t~
the City in writing t~at all the tree protection
measures identified on th~ tree preservation plan
were installed from the start of construction to
the end of construction and tree ~eplacement is
Comglat~d, iS necessary.
Tree Replacement Policy: Subdividers and builders shall
be required to replace the signifY.cant trees which were
indicateO on the tree preservation plan to b~ ~aved but
ult~uly wore destroyed or damaged. The s~bdividcr and
builder shall bc required to replace each of the
significant trees destroyed or damaged with two (~)
replacement trees. Replacement Lrees must consist of
nursery stock and be no less than thc following sizes:
1. OaC~dl~OU~ Tr.ees:
diameter.
NO less =hen two (~) inches in
2. Coniferous Trees: No ]ess than ~ix (6) ~eet high.
Replacement trees ~hall be species similar to thc =rocm
which were destroyed or damage and can include those
species shown on th~ following table:
Deciduous Trees:
Maples
Linden (Basswood)
sreen ash
Honey locust
Hackberry
Oak
Birch
'Ginkgo(male only)
Kentucky coffee
tree
Coniferous Trees:
Fir
Colorado blue and
green spruce
Black Hills spruce
Austrian pine
white pine
Scientific Name
A b i e ( a ] 1
varieties)/
pseudotsuga
Picea pung~ns
Pinus nigra
Pinus ,trobus
JnN, 27. 1999 4:25PM P 9
FROM : CITY OF OTSEGO PHONE NO, : 612 441 4414
Replacement trees shall, not be placed on easeme~r~ or
street ~ights-o~-way. If tree :epl=¢ement is required on
~he 'Individual lot because thc builder destroyed or
d~maged ~ tree which was to be saved, the fores=er or
landscape architect shall de=ermine where the &~placement
t~es shall be Ins=ailed.
Seotion 4. This Ordinanc~ shall be in full forcu and effect
upon its p~$~ag~ and Dtf01icatlon.
PASSED this ~.~ day of
CITY OF OTSEGO
ATT~.ST:
~hine Beatty, '
City Clerk/Zoning AdministSrator
' I.~rr,~i¥:!~ATI.ON ~RVICE
-",Q'~' r~.f_ _~,i nn e s o ta cities
iOOF _O~j~X_~TeI~i t~E~I~EE ·
· ~~ ~ ~a Ci ti es
183 ~iver~ity Ave E.
St. Paul, MN. 55101
/
Subject
~ ~N ORDI~~
~ OF EDEN. PRAIRI~ MINNF_~OTA
~ A/VIENDING CITY CODE SECTION
~ 11.55 BY AMENDING THE ~E
' ~EREOF~D SUBDS. 1, Z 3 ~D 5
~ ~EREOF-RE~TING TO ~D
t '
~RA~ON ~D ENVIRON.
i .ME~ PR~ERVA~ON REGU~
~ TIONS; ~D ~DING Cl~ CODE
~ SE~ON 12.04, SUBD. 5. C. RE~T-
lNG TO ~PROV~ oF SUBDIVI-
SIONS; ~D, ~O~NG BY RE~R~
ENCE CI~ CODE CH~R 1 ~D
SE~ONS 11.~ and 12.~, ~iCH
~ONG O~ER ~INGS, CONT~N
PEN~ PROVISIONS:
~E CI~ COUNCIL OF EDEN
· P~RIE, MINN~OT& ORD~NS:
Section 1. City ~ Secllon 11.55,
Su~. 1. ismmendcd by amending thc
lit/e ~cmofand amending su~. 1 ~ mad
as follows: -.
"SEC. 11 ~5. MINING OPtiON,
~D ~~ON, ~D ~RON-
ME~ PR~ERVA~ON REGU~-
..~ONS. ·. ~ ....
Pu~se. :; ~ · . ..'.. ~-~
temtions am. now ~ing a~d
m: ~. Such a~ am inhcmn[l~
~ a~m~anlcd by no[~ and d~t,
cmale ha~ous ~itions and
iastlng.dis6gummen~ O~ thc pb~s
: thc~ am ~ed on and ~us tend
mlcffe~ wi~h thc existing land
nearb~ a~as, Io di~umge ~unher
: manent devclopmcnl o[lhc su~unding
~ p~nies, ~o impai~ adeq~c planning
~ o~ municipal development, and to dimin-
I isb thc pu61ic hcahh, ~fc~ and general
[mgUlal: ~lh exisling o~mfi~s"and
.~ny ~her: ~xlgnslon ~of ~uch mining
~.~tions and land allcm~ons
~. c~ . . ..
J B. Il b'hemby found 'thal eec
moral, ~ge, a~ d~n am now,
~nd for.~me timy hav~ ~en, ~u~ng
4n ~m am~ w~b ~e City. Su~ ac~
tend Io endanger the natural c~mcter of
· e :~nd from which ~¢ ~ ~v¢
~m~ and au~unding lan~, and lo
mmin/sh and im~r ~e public h~l~,
[~f¢ty, and g~n~ml w~lfam. ~e
~a~ml enVlmnmenl and ~n~
': a.no provide enhancement of ~ro~e~
', ,~ pmvme ~gulalions
:;~f ~, with the ~uen't ~ma e and
· ~nc ~, to promote the o~erly
:developmenl Of su'~h' amds· ahd ~emby
minimi~ public fi'nd 'pHvat~ i~s;
!nsum ~mtenan~ of ~e natural vege-
~fion and io~gmphy; to
~cfion and Pm~ation of ~e ~-
mi environment and '~au~ of ~e
~o en~umg¢ a m~u~ful and pmdcn
pmvmcs [or mlnimnl
~ullln8 ~m dcvclopmcn[; ~o p~vide nn
~bjocHve mc[b~ Io cvnlunle ~ develop.
nnd i~cn[iF~ whether nnd b~ thc impnCt
may ~ mau~d; lo provide in~nfivc for
t?e land use and g~ site design
~cn pm~mes ~es while allowing
development in w~ed areas with
gain of ~ removal and d:~on;
and~.~ p~vide for::nfo~m~t and
mc ~n~ oz a ~ 12 inches a~vc ~e
gmu~. '
' u~ancnes- In all
~na ? ~n who ~ ~c aooli~n~ r~. ~
; D~amctcF - Wherever this tc~ ~
~ in ~femn~ to the meaSu~ment:
ora ~ee it shall mean a ~e's ~unk ~
mgasUmd 43 fel {~vc ~'c ~und '
~ ~o~ of wmcr am n~c ~c ~m,
~na~ of ~c aU~nding ground ]
~uac any and all-~uid aU~ '
.i, H. "Land Ahemtlon". J~ny excavat-
ing, grading, clearing, filling or other
earth change Which may ~sult in the
.~ uon of land of more
· than one foot from. the natural contour of
the ground on any contiguous 200 sauare
feet of ground, any cutting remov~I or
Idllin~ of more than 1096 o~ the sienifi-
cani Lees on any land within a per/~ of
o Ve years, or an). destruction or dlsruv-
n Ol vegetal/on coveting an area eq~al
ao o.r greater than 1096 of any parcel of
no, or any other significant chanec in
thc na,,tum. I .character of thc land. ~
' I. Mmmg Operations". Any artifi-
cial excavation of thc earth within thc
limits' of thc City operated for the eom-
f.:-mmo?xa merermm and Creating a de-
Prt~on Or dePa~ion, ix&z;~ing in any. ::
~-'-~?-&t~ace ~ ~ uar~ r~t or surface ami, /
·tcvel of thc adjoining uncxcavatec~ land
J. "Roe! Zone ofa Trec'- "l'~c area
under a Irec which is al and within thc
drip linc of a tree's Canopy.'
K.. ~'Signilican! Tree" -/uly dccldu
ous hardwaod tec (except Elm, Willow,
Boxcldcr, and A.'~pen) measuring ]:~ inche~
in dianjclcr or grea~cr, or a conlferou~
tree m,~asur~ng 8 inchcs in dlam¢lcr ol
grealerI
L '~Trcc Trunk" - Thc stcm pon[on
of a tree from thc ground lo thc lirst
branch :thereof. ' '
Any Icrm used in this Sc~lion and not
defined in this Section shall h~vc thc
meaning as o[herwbe defined in thc C~dc."
Seqfion 3· Cily C~de Section ! !.55,
subd. 3qs amended to read as £olk
"$u~J. 3. Permit Eequired'. It is un-
lawful l~or an)' pemon to use land £o[, or
to engage directly or indirectly in, land
altemtio, n 9r mining operation.,,
such person shall first have applicrJ Io
and obtained from the Council, in the
manner'.hereinaflcr provided, a permit
author{zing the ~me, provided, how-
ever, thgt no permit shall Ix: requ~wd by
any p~rson making any exe, vallo, in
conjunc!ion with a building (i) f,r whk:l:,
there has been issued an
building!permit, and ( ) which i~ In be
construaled (a) upon land for which n
permit fdr land v. lterafion under tJ,s S,~cfio,
has pre~,iously been issued, and (b,1 in
accordagce with such permit'."
Section 4. City. Code Section 1 i:~$,
sued. 5 .is amended to read as foiiows:
· ~SuL~. 5. Application For Land A -
terationyermil, Fees, Council Action
Bond / . '
A. ~. of Application. APpti,.~ation
for a .l:~)bnit for land alteration shall be
made in, writing to the Counci. The
applicali~n shall set forlh the I~-'afion
and plan[for the proposed land al~,:rat on.
The application shall also include: J
1. The name and address, of the Per-
son apply'lng for the permil. '.
2. Thc name and address of the owner
of the land subject lo the land.:~ll~:rallon
3. T~e estimated period of tlm¢ within
which tl3e land aherafion will ix: COn.
dueled: ! :
- 4. A ~opographic map of the Lad on
· which th~ proposed land alteratMn is to ~
occur haying a scale of one inch equals
50 feel ~nd show ng ground elevation
contoursiat 2 foot mtervals. The. map
shall sho~:
(a) The land as it exists prior to the
proposed~ and a lcmtion and a minimum "
of 100 feet of land abutting thc Ivnd..
· (b) '] ~e prol:X:~ed ground elevation
conlours ~t 2foot intervals of the land
when
(c) ~,
lng plan,
.6...,A ~ mvenlory a~t'ILlie0 'by
~g,s~-n:d land -ur~yo,, lars:t,~-
~c~ or foe,.stet de~icti o.
( ) The size, spc~es, condition and
Iocatlo~ off thc land Of al Signifi~nt
l.~e$.. ~.. .
· 01~ I~ge l~,,ooded sik2s, fOrest mensu.
.,mtio~ me,ods may be used to determine
me total cflameter inches of trees out~idc
t~) o~gnmcant tees which will bc
lost due Io the proposed land :'libraries.
$ignificani trees shall be considered leal
as a resull of: (i) grade Change or land
allerati°n, lwhether lemporary or perma-
nent, of gfi:aler than one (1) foot meas-
ured verfianlly affecl n~ 60E as
.._~rf~_, On a tlonzo~tal plane) or
..m:c s roO~ Zone; (ii) utility COnstructiou
ti.e. seWer,~valer, sierra sewer g;~.x clcc-
lrlc, lelephbn¢ and cable 'IV) resulting in
the Cutting,'of 60% or more of the tree
r?..ts.WithiF~ the root Zone; (iii) mechani-
. . ~ , re than 40% of the
.sane; or, 0¥) COml:~cfion lo a depth of 6
inches or l~ore of 60% or moru of thc
surface of)the soil within a signifi~nt
(c) The number, ~ype and size of
trees requi~ed to be replaced pursuant to
this Sectioh.
(d) The, location of thc ~plac'.cmenl
. tees.' [
· B. Per'it Fees for Lnnd Alter°lions.
A fee in a~ amount determined by th6
Council anti fixed by resolution must be
paid at the;time of ~aldng the applic4,-
Ilea· In thc event thc avv ic~fion fnr
1>cra t is dcaiccl, the fee ii'nil Ix.
to thc app '.l~nL 5:' . .
ties Pem]~ADplication' .Within s rea,
..~nablc tim~ after receipt of an atmllca.:
~on that eeOc, fas with ~¢ ~qui.4.~en~
of this SubSivlslon and '"'vrn:
~)' cai et
applicatlo.n~e, .thc Council sh:,ll ap:.
prove or dc~y 'issUance of a pet'mit. The'
Council may apprave the l~:rmit~.ubject
to conditions staled on the face of the
permit, and in all cases, thc time period
within which the ·land alterations are to
be COmpleted shall be staled oa thc face
~f the Peri'it. Approval, den ul, or
proval Subject to COnditions o1' a pcrr~it
shall be ba~.d upon the following fac-
~. Wheg~' a." the ~xtenl to
nslr. s to surfriding persons o.r ploperty
or exac~.rba~ any ex sting rkk. '?
2. Whetl~e[, and the extent to which
the land alte~fiona may Cause any han~
to thc enrichment including, but not
limited to, 4~oisc, dusL'eroslon, undue
destruction 0t' vegetation, and aCCumulal
land allerafion is eompk:ted. ~. I tins of waste: materials sad pollutants.
'egrading, drainage, and plant-. :, "~ ' 3:.Whet,lmr me physiCal chav,~cteds.
f .appm. priale.(o.r the lan~., i '~ I" lies otthe la~, includ,ng but not limited
e ,ocal!on anO size.o[ buildmg · { .Io topotgraphy' .v. eg.elation' su.~::eptibilit~f
~t-" '~"J ' '"' :~ ': ":' ' ' | ? erosmn ,ar ',,llnaon, m~SOeplibilily to
;..cm=n. ~ .'?,ad.n~. to fftc pr~-~: { 41°c~d. ing,'w.a~, r momlge or relent.ion, are/
o~me",na.incJuaing tm: type .~ "/ ,meh that tl~ L~nd ts no~ iutable for
[ ~' ah'~Ure '~tuatr41 timreon ~ .~' . ! rnltemtloo or,,he use ,cont,,.mnlnl,~4 ~',' ~;
...... ..... . ,
public.
6. Whc~h~ ~tcqu~e plum bye I~cn
mldc ~ ~l~ng
Uh~ ~l ~ B~i~nl will
8. ~c~hcr ~ ~nd
wh~h ~ land ~ll
9. ~al
?n~ by ~ ~vc~r ~ ~ E~-
(~) ~vc~r R~ui~
slgnifi~nt [Jvc ~
Jng, ~ilding u~,
allc~l~ O[,~c b~ Jm~lcly ~ iff
thc ~mm, by ~ ~vclo~r,
~byw~ma~ ~a~ ~
alle~ by p~n~ng
~p~mcnt ~") dclc~i~ in
~n~ wi~
A ~ T~I Dia~r Inch~ of
· c ~nd
SigniF~nr T~ S~m~ ~ E~ ~nd.
C ~ T~ Rcp~mcn~
of ~li~r Inches)
((~)x C)xA.~
~PLE
A z 337
B=943
C = 133
~37~3) x 133 ) x 337
phnl~ ~nt ~ any
of~ ~. ~ ' ·
~) ~ of R~nt T~.
~ ~of~e f~g~ ~
'2-Ou~o, -- ~ a~.
3. Buffer ~n~ ~n ~ffc~nt
hnd ~ an~ a~viti~.
5. ~y ~cr ~ of ~c b~ cx~
any ~c~f d~i~t~ or ~v~y~ ~ ~c
Oty, unl~ ~ ~ ~n~ ~.
T~(c) S~ and T~ of Rc~t
·an ~c f~i~ing
1, ~d~ T~ -.No ~ ~n
· ~ ~li~ i~. .
~ ~if~T~-No ~ ~ T
high.
On s~p ~ Cc~. ~tr ~n 3:1)
~ ~ my ~ 2 1~ ~li~
~ ~ ~ffe~ ~ ~y ~6 f~t
In height.
Red l~pJ¢ - A~er rubmm
culllvsn- 'No~hwood', '~'
Savcr O~n M.~ (~l~ ~r Of
' ~nnum 'Sider
Sugnr ~pIc - ~r
~lt~a~. 'G~ M~n~in'
River Bi~ - ~m~ ni~
G~n ~h - F~xlmm ~yl~n~
~16vm - '~nd~',
'Bcrgc~n','Ma~haU',
~ummi,'
Ginkgo - Ginkgo ~ (~Jc ~ly) ·
H~cyl~l - Gl~ndi~b ~n~ ~ m
discus .
R~U Poplar - P~'x R~m
dctoid~ X S~nd
fin 0~ - Qucm~ ~]~
N~cm R~ Oak - Ouc~s mb~
~n ~ndcn -
~l~f ~ndcn - ~1~
Rcd~ ~d~ - ~1~ amc~na
~nlfcm~ T~ c
~n ~ - ~ d:~d~
B~ H~ Spm~ - Pi~ glau~
A~n Pine - Pin~
P~de~ Pin~ - Pin~ ~ndc~
N~ay Pine - Pin~ ~in~
~ Pine - Pin~ sylv:s~
While Pine - Pin~ $t~ r
y ~t m wh~ ~ ~ al~
~n~ ~ ~ of ~ mm~ t~. A
~ ~1~ t~ of ~e ~m¢ ~ and
s~ ~H ~ ~nt~ in ~ of any
~a~ment ~ m~ing ~c ~1) y~r
a~t ~ ~le. P~n~ng ~11 ~ur
~tcr ~n ~ fi~t ~[I ~ s~ng foili-
ng ~ ~r.
(0 ~ of T~. Repla~nt
~k" ~ ~fin~ by Minn~ S~tul~
~18.~ ~ ~r ~ Cw~ng
~ ~g ~ ~ wilding ~s ~ply
wi~ ~ f~ing s~n~. A ~ildlng
~ ~ ~ mli~r in~ ~ll n~
~ ~e ~um ~ight
~li~r l~ ~imum Hcight
(f~ -
18'
' 18
. for gwwin8 ~cs for timber, lumber, and
'wood and wood products as dc~-ribed in
c~u...c ('1) of lald .ubcl..~xtb). .
D. [:)u~y to Obits ~ond ot Lener of
Credll Prior to is~nancc of Land ,AJtcra-
fion Pcrmil. Thc Council may make iLs
· pproval of thc issuance ors land ahcra-
tlon permh conl.[ngenl upon applic~nl
[x3,sllng a bcmd or Icnct of'credil in addi-
tion to the sea::urily for rcplaccmcnl
of not ks.s than $2.5,000.00 in such form
· nd amounl ~s thc Council shall dclcr-
mlnc within ten (]0) days of said
proval and prioi' to COmmcnccmcnl of
any land allcmlion."
Section $. C.i~y Code Section 12.04,
anbd. 5. C. is amended to re. ad aa follows:
'C. No plan will be sppwved for
su.b.d, ivislon - (i) which covets an
· ubject to roil croton or pericx:lic flood-
ing, or which has poor dralnagc, unle.~
thc subdivider agre:c~ to make impros,¢-
racnLs which will, in the opinion of the
City Engineer, make thc area safe for
occupancy, and pmvidc sdcqu, atc street
and lot drainage, (ii) unlc~ there baa
bccn comp[ianc:c with Scction 1l$$ of
thc Codc, or (iii) if the Council mains
an]/of thc following findings:
(1) 'T"~I kc propos-.~ subd~vlalon is
in conflict with applieablc gcncral and
spcc:ific plans, including but not Iimilcd
to thc Cil.v's Compn:hcnslvc Guldc PLan
and zoning regulations.
(2) That thc dcslgn oF improvement
of thc propc~..~ subdivision is in confllcl
with ap~icablc dcvc]opmcnt pla~. ;
(3) Thai thc physical charactcrLst~
of thc sitc, including but not limilcc~ to
topography, vcgctatlon, ausocplibility to
en3s~on and $illafion, au.,.ccptibillt7 to
flooding, v,'atct storagc, and relcnfion,
· t~ ~ that thc silo is not r, uitablc for ~c
.(4) 'That thc ~itc is not ph~ieally
· aitab~c for the p~pos~.d density ~of
· dcvclopmcnL '
($) That ~c ~r,~gn of the ~ubd vision
o~ t~c pco~ imptc/vemcnLs ate likely
to ca,sc ~ubsl~nOl cnvironm<:ntal dam-
"gc'(6)'F~t thc dcggn orth¢ subdivi.~;:).
ot thc type or' improvcmcnt.s' will be
dat2imcnt31 to thc health, safcty, or g,cn-
eral wclfar~ of thc public.
(-/)That thc dc.~gn of thc subclivisi~
or thc type of improvcmcnm will conflict
with eascmcnLs on re. cord or to cas:c-
mcnts esl3blis bed by judgmenl of a co,am"
'Sc~-~ion 6. Cily Codc Chaptcr I ~n-
titled 'General Provisions and Dcfini-
lions Applicable to thc Entire City Codc
Including Penalty for Violation'
,~..x:~ons 11.99 and 12.99 are bereby
adopted in ~hch- cnfin::ly, by refcrencc ~
though repeated verbatim herein.'
Section 7. This on:llnanee shall b~-
come effective eom and after ils
and ~ou blieat~on. 1
FIRST READ at s mguhr meeting of
~hc City Council of thc Cty of Eden
Praidc on thc' l?th da), of April,
and finally read and adopted and orden~l
published st a regular meeting of the City
tCouncil,~f-~d..~i.ly on t~c 1st day of
Io~1 height of Ibc tax. ('Exemptc: · 16
[ foot ~ musl ~c
[ of ~c suffn~ of I~ su~ding ~und.
: (g) ~e~nl to Repb~
i ~fi~. A ~vel~r, prior
. pmVal og or ~ ora ~it for any
~nd allemt~on In ~nn~on wllh which
~ions of ~is ~licn (i) ~11
· ~n~ wilh ~e ~y in such f~ and
~u~mn~ ~ s~ll ~ app~ by thc
Ci~ Manger ~he~by ~c ~velo~r
~n and in ~nne~;~ wi~ an~ such
approval or ~ of a ~i~ and
; ~hall ~er p~ide ~at ~c ~velo~r
·hall i~emni~ ~e
~l ~ ex~n~, including
and for ~nable an~eys'
~ in enfo~ng ~e le~ of such
a~ement or a~men~ and (ii) shall
provue ~ufi~ for ~e ~ffo~an~ of
im obligations pun~nt to ~h
meat or ag~men~. ~e ~ufity may
~nsist ora ~n~ ktmr of ~it, ~, or
~w de~iL all in such fo~ and
Ci~ Manager.
of ibc ~ti~l~ ~l to furnish and plant
~e ~tlmaled ~1 shall
much ~ ~e ~blc amount eharg~
by aunties for ~e ~m~hlng and plant-
ing of ~e ~pla~ment ~s. ~e ~ti-
:~t f~ ~ (1)'~ ~cr
.U~ ~ ~g b7 ~c ~vcl~r and
· uch ins~i~ ~ ~y ~ made by ~c
~, ~t ~on of~c ~ufity may
uti~t~ ~ of
which a~ alive ~ h~l~y at ~c cad of
~ti~ed m ~ mJ~ at ~c cad of such
y~r shall ~ malnm~ and shall ~um
· c ~vclo~r's obligation to ~movc
and replant ttplaormcnl ~ees which
sol alivc or sro unhealthy al thc cad o~
· uch ye. ar and to replant mls~;ng
Uporl completion of thc replanting of
~ch ~ the entire ancuriv/ may be
relna~:d. '
. No<withstanding thc fo~golng, no
portion of the ·e6-'ufit¥ shall be released
,'while them h un·ah·fled Developer'·
~bbligations to indemnify the City for any
cxpen.~:~ incus,ed in cofovdng ~hc I~rms
of the ·gmcmenl provided for i~
anb~"a::tion (g).
~ ~) Thc pm'~4.~io~s of this sub:L $. C;
9. ~lmll not ~.pldy to tt~ eutting'~' m:e~
I~t-a'''~s°t tm ~'ealaln whkth~oa April
§ 30-681
iii. The city can
Lug that the rec
of this subsec
been met.
The city shall designate the
amount of the density increase
allowed, provided it does not
exceed ten percent.
Conservation subdivision design, rural
without city sewer. A conservation planned
unit development which meets all of the
PUD general requirements, the require-
merits and procedures and processing of a
conservation subdivision design with city
sewer, except for the following:
a. Requirements.
1. The development does not have
to be served with city sewer,
provided all of the require-
ments of the city are satisfied
and protections and guaran-
tees are provided.
2. The development must be served
by a centralized septic sewer
system meeting all of the city's
requirements and those of any
other agency having jurisdic-
tion.
3. Plans for the centralized septic
system must provide all the doc-
umentation, plans and specifi-
cations and feasibility that dem-
onstrate that a proper system
can be constructed, operated and
maintained over a long term,
as established by the city, and
that the system can be up-
graded, modified, repaired, ex-
panded and reconstructed as
may be required or necessary.
4. The applicant and the
applicant's plans, documenta-
tion and supporting informa-
tion must show and demon-
strate to the city's satisfaction
that there is a community ben-
efit to the plan and system and
not just a benefit to the appli-
cant or site.
nt must agree to
~ rata costs for a
trunk sewer and/or water main
that would benefit the site if a
septic system were not installed.
6. The development plan must
meet all other requirements the
city deems appropriate to the
specific PUD.
b. Advisory. The city, through adoption
of this article, recognizes that, as the
city limits are expanded, there may
be a situation where the merits of a
PUD conservation subdivision de-
sign without city sewer warrants con-
sideration, and that extra caution
will be exercised in considering and
acting on a PUD submitted under
this article.
(Ord. No. 238, § 1(475:06), 4-3-97)
Secs. 30.682~30-720. Reserved.
ARTICLE XVIIL TREE PRESERVATION
AND REPLACEMENT
DIVISION 1. GENERALLy
Secs. 30-721---30-750. Reserved.
DMSION 2. DEVELOPERS AND
SUBDMDERS
Sec. 30-751. Purpose of division.
The purpose of this division is to:
(1) Recognize and protect the natural envi-
ronment consistent with the city's mis-
sion statement and goals of the compre-
hensive plan through preservation and
protection of significant trees.
(2) Promote protection of trees for the bene-
fits provided, LucludLug beauty, protection
against wind and water erosion, enhance-
ment of property values, noise reduction,
air quality, energy reduction, buffering,
privacy and natural habitats.
CD30:100
ZONING AND LAND USE REGULATIONS
§ 30-753
(3) Establish requirements related to cut-
ting, removal or destruction of ex/sting
trees, especially significant trees.
(4) Establish reasonable requirements for re-
placement of significant trees.
(5) Provide for administration and enforce-
merit of tree regulations.
(Ord. No. 218, § 409:01, 3-7-96)
Sec. 30-752. Definitions.
The following words, terms and phrases, when
used in this division, shall have the meanings
ascribed to them in this section, except where the
context clearly indicates a different meaning:
Caliper inches. See Stem caliper and Stem
diameter
Critical root zone of a tree means the area ora
circle around a significant tree with a radius that
is equal to 1.5 feet for every inch in stem diame-
ter.
Developer means the developer, subdivider,
owner of the land or person who is applying for
tree removal and who does not meet the definition
of a homeowner as defined in section 30~782.
High tree density means a parcel of land con-
taining six or more total caliper inches of signifi-
cant trees per 1,000 square feet of land.
Low tree density means a parcel of land con-
taining less than six total caliper inches of signif-
icant trees per 1,000 square feet of land.
Replacement tree means a tree planted as part
of the tree replacement plan, which must be at
least three ~aliper inches measured 12 inches
from the ground and which otherwise meets the
requirements of this section, except bur oak,
swamp white oak, pagoda dogwood, ironwood and'
similar trees accepted by the city which may be
1.25 caliper inches. A coniferous tree seven feet
high will meet the three minimum caliper inches
required. (See exceptions for steep slopes.)
Significant tree means any deciduous or conif-
erous tree measuring eight caliper inches in di-
ameter or greater which is not dead or actively
infected with oak wilt or Dutch elm disease,
excep~ bur oak, swamp white oak, pagoda dog-
wood, ironwood and similar trees accepted by the
city may be four caliper inches in diameter or
greater.
Stem caliper means the diameter of a tree
measured at six inches above the ground for
stems less than or equal to four inches and at 12
inches for stems greater than four inches in
diameter.
Stem diameter (caliper inches, trunk diameter)
means the diameter of a tree measured usually at
4.5 feet above the ground. For trees that branch
at or below 4.5 feet above the ground but above
one foot, stem diameter is measured at the small-
est point below 4.5 feet. Trees that branch below
one foot will be considered to have multiple stems
and the diameter of the tree will equal the sum of
the diameters of each stem.
Tree removal means any excavating, grading,
clearing, filling or other earth change or any
cutting, which may result in removal or killing of
more than ten percent of the significant tree
caliper inches on any land within any period of
five years.
Tree trunk means the stem portion of a tree
from the ground to the first branch thereof.
Any terra used in this division and not defined
in this section shall have the meaning as other-
wise defined in this Code.
(Ord. No. 218, § 409:02, 3-7-96)
Cross reference--Definitions generally, § 1-2.
Sec. 30-753. Permit.
(a) Required. It is unlawful for any person to
use land for, or to engage directly or indirectly in,
tree removal unless such person shall first have
applied for and obtained from the city council, in
the manner provided in this section, a permit
authorizing tree removal. Provided, however, that
no permit shall be required by any person making
any excavation in conjunction with a building:
(1) For which there has been issued an ap-
propriate building permit; and
(2) Which is to be constructed:
a. Upon land for which a permit for
tree removal under this division has
previously been issued; and
CD30:101
§ 30-753
VICTORIA CODE
b. In accordance with such permit.
(b) Failure to obtain. Failure to obtain a per-
mit shall be cause to deny issuance of a building
permit, prohibit continuation of any construction
on the property, connection or extension of any
utilities on the property or on any adjacent streets,
issuance of a certificate of occupancy and to
require remedial action in accordance with the
tree replacement table to replace significant trees
lost or expected to be lost as a result of activity on
the site.
(c) Form of application~ Application for a per-
mit for tree removal and replacement shall be
made in writing using the form provided by the
city. The application shall include:
(1) The name and address of the person ap-
plying for the permit.
(2) The name, address and signed concur-
rence from the owner of land.
(3) A plan which includes the existing and
proposed locations of buildings, roads, util-
ities and easements, public parks and
open spaces, lots and blocks, water bodies
and wetlands, proposed building pads,
equipment and material storage areas,
the tree inventory, and tree replacement
and tree protection.
(4) The estimated period of time within which
the tree replacement will be conducted.
(5) Atopographic map of the land at a scale of
one inch equals 50 feet (unless an alter-
native scale is authorized) and showing
ground elevation contours at two-foot in-
tervals. The map shall show:
a. The land and the abutting 150 feet
as it exists prior to the proposed
activity.
b. The proposed ground elevation con-
tours at two-foot intervals when grad-
ing, filling or altering the site is
completed.
c. A regrading, drainage and planting
plan, if appropriate for the land.
· d. The location and size of all building
pads, equipment and material stor-
age areas.
e. All significant trees to be protected
and trees to be removed.
f. Type and location of tree protection
measures.
(6) A statement relating to the proposed use
of the land, including the type of building
or structure situated thereon or contem-
plated to be built thereon, and the loca-
tion and size of bui]dlng pads.
(Ord. No. 218, §§ 409:03, 409:04, 3-7-96)
Sec. 30-754. Tree inventory.
The developer shall have a tree inventory pre-
pared by a certified registered land surveyor,
landscape architect or forester depicting:
(1) The size, species, condition and location
on the land of all significant trees. On
large wooded sites, forest mensuration
methods may be used to determine the
total diameter inches of trees on the prop-
erty.
(2) Significant trees which will be lost due to
the proposed activities. Significant trees
shall be considered lost as a result of:
a. Grade change, including grading or
filling, whether temporary or perma-
nent, affecting 55 percent or more of
the tree's critical root zone.
b. Utility construction (i.e., sewer, wa-
ter, storm sewer, gas, electric, tele-
phone, cable TV, fiber optics or sim-
ilar facilities) resulting in the cutting
of 45 percent or more of the tree's
roots within the critical root zone.
c. Mechanical injury to the t~mk of a
significant tree causing loss of more
than 40 percent of the circumference
of any portion of the trunk bark.
d. Compaction to a depth of six inches
or more of 45 percent or more of the
surface of the soil within a signifi-
cant tree's critical root zone.
(3) The location, number, type and size of
replacement trees required to be replaced
pursuant to this division.
(Ord. No. 218, § 409:05, 3-7-96)
CD30:102
Sec. 30-755. Tree
and replacement.
(a) Tree preservation. Trees designated for pres-
ervation shall be protected by snow fence or other
means acceptable to the city. The protective mea-
sures must protect the entire critical root zone of
the trees, unless less protection is necessary due
to the proximity of a structure, road or similar
obstruction to be a part of the development, in
which case at least 55 percent of the critical root
zone of the tree must be protected.
ZONING AND LAND USE REGULATIONS § 30-755
preservation, protection (b) Developer required to replace lost trees. A
developer shall replace live significant trees lost
or reasonably anticipated to be lost as a result of
grading, building upon or any other alteration of
the land immediately or in the future, by the
developer, developer's agent or subcontractor by
planting that number of trees ("replacement trees")
determined in accordance with the tree replace-
merit table.
(c)
Percent of Required Replacement Required Replacement
Significant . Tree Caliper Inches for Tree Caliper Inches for
Tree Caliper Low Tree Density High Tree Density
Inches Removed (for each 1 tree removed) (for each 1 tree removed)
0--9.0 0 0
10--19.9 0.4 0.2
20--29.9 0.5 0.3
30--39.9 0.6 0.4
40 ~9.9 0.7 0.5
50--59.9 0.8 0.6
60---69.9 0.9 0.7
7O---79.9 i 0.8
80--89.9 1.1 0.9
90--100 1.2 I
Tree replacement table. The following table identifies the requ~r, ed mount of tree replacement.
Notes:
(1)
(2)
(3)
The amount to be replaced is to be measured in "replacement tree" caliper inches, usually
measured 12 inches from the ground, and the amount removed is measured in. ,significant tree"
caliper inches, usually measured 4.5 feet from the ground.
The trees required to be replaced pursuant to this division shall be in addition to any other trees
required to be planted pursuant to any other provision of the Code, except chapter 22. Trees
planted to comply with chapter 22 can be used as replacement trees on a one caliper inch to one
caliper inch basis, provided such trees otherwise meet the requirements of this division.
Failure to obtain a permit prior to tree removal (removal or killing of more than ten percent of
the significant tree caliper inches in any five-year period) is cause to require tree replacement to
be increased by 0.1 for every one caliper inch removed.
(d) Location of replacement trees. Replacement
trees shall be planted:
(1) On the site based on the proposed use
with special consideration to restoration
areas including steep slopes, common ar-
eas, buffer zones between different land
uses and/or activities and project en-
trance areas.
CD30:103
§ 30-755
VICTORIA CODE
(2) If there is lack of sufficient suitable area
on the site, the city may consider allowing
planting on other land, especially on or
adjacent to public land owned by the city.
The city may accept a payment of'S100.00 per
required caliper inch of replacement trees, if a
suitable location does not exist on the property or
on public property owned by the city or for other
reasons trees cannot be replaced.
(e) Sizes and types of replacement trees. Re-
placement trees must be no less than the follow-
lng sizes:
(1) Deciduous trees: no less than three cali-
per inches, except on steep slopes (i.e.,
greater than 3:1) deciduous trees may be
2¥2 caliper inches, except bur oak, swamp
white oak, pagoda dogwood, ironwood and
similar trees acceptable to the city, which
may be 1.25 caliper inches.
(2) Coniferous trees: no less than seven feet
high, except on steep slopes coniferous
trees may be six feet in height.
Replacement trees shall be of a species similar to
the trees which are lost or removed and shall
include those species shown on the following
tables. In most situations it is not recommended
that more than 40 percent of the replacement
trees be from the same species, when planting
more than 20 trees.
DECIDUOUS TREES
Common Name
Norway maple
Cultivars
Red maple
Cultivars
Silver maple (seedless)
Sugar maple
Cultivars
River birch .
American hackberry
Green ash
Cultivars
Ginkgo
Honey locust
Botanical Name
Acer platanoides
Cleveland
Acer rubrum
Northwood, Firedance
Acer saccharinum "silver
queen"
Acer saccharum
Green mountain
Betula nigra
Celtis occidentalis
Fraxinus pennsylvanica
Kindred, newport, bergeson,
marshall's seedless, patmore,
summit
Ginkgo biloba (male only)
Gleditsia triacanthos
Common Name
Kentucky co ffeetree
Ironwood
Robusta poplar
Siouxland cottonwood
White oak
Swamp white oak
Pin oak
Northern red oak
American linden
Small-leaved linden
Cultivars
Redmond linden
Yellow birch
Paper birch
Bur'oak
Black ash
Black walnut
Pagoda dogwood
Hawthorn
American plum
Black cherry
Northern pin oak
Botanical Name
Gymnocladus dioica
Ostrya virginiana
Poplux x robusta
Poplus deltoides x siouxland
Quercus alba
Quercus bicolor
Quercus palustris
Quercus rubra
Tilla americana
Tilia
Glenleven, Greenspire
Tilia american "redmond"
Betula lutea
Betula alba papyrifera
Quercus macrocarpa
Fraxinus nigra
Juglans nigra
Comus alternifolia
Crataegus
Prunus americana
Prunus serotina
Quercus ellipsoidalis
CONIFEROUS TREES
Common Name
Balsam fir
White fir
European larch
Black spruce
Austrian pine
Ponderosa pine
Norway pine
Scotch pine
White pine
Douglas fir
Canadian hemlock
Colorado spruce
Northern and eastern white
cedar
Botanical Name
Abies balsamea
Abies concolor
Larix decidua
Picea mariana
Pinus laricio austriaca
Pinus ponderosa
Pinus resinosa
Pinus sylvestris
Pinus strobus
Pseudotsuga taxifolia
Tsuga canadensis
Picea pungens
Thuja occidentalis
(f) Time to perform. Replacement trees shall be
plar~.ted not less than 18 months from the date of
issuance of the permit or by such other time
allowed in the permit or developer's agree~rrien~t
with the city.
(g) Missing, dead or unhealthy trees. Any re-
placement tree which is not alive or healthy one
year after the date that the last replacement tree
has been planted shall be removed and a new,
healthy tree of the same size and species shall be
planted in place of the removed tree. A new,
CD30:104
ZONING AND LAND USE REGULATIONS
healthy tree of the same size and species shall be
planted in place of any replacement tree missing
one year after such date. Planting shall occur not
later than the first fall or spring following such
year.
(h) Sources of trees. Replacement trees shall
consist of "certified nursery stock" as defined by
Minn. Stats. § 18.46 and conform to the current
standard for nursery stock ANSI-Z60.1, or other
healthy trees obtained in a lawful manner which
comply with the following standards:
(1) The lowest branch shall not be at a height
above the surface of the ground more than
one-half of the total height of the tree.
(Example: A 16-foot tree must have a
branch within eight feet of the surface of
the surrounding ground.)
(2) The tree measured in caliper inches shall
not exceed the maximum height as shown
in the following table.
Caliper Maximum Height
Inches (feet)
2 16
21/2 16
3 18
3¥2 18
4 22
5 26
(Ord. No. 218, § 409:06, 3-7-96)
Sec. 30-756. Exclusion.
The provisions of this division shall not apply
to the removal or cutting of trees planted and
grown by the owner or owner's predecessor on
real estate which on October 30, 1995, was a
commercial nursery in the business of growing
and selling trees.
(Ord. No. 218, § 409:07, 3-7-96)
Sec. 30-757. City council action.
(a) Council action on tree removal. Within a
reasonable time after receipt of an application
that conforms with the requirements, the city
council shall approve or deny issuance of a per-
mit. The city council may approve the permit
subject to conditions of the permit and, in all
§ 30-757
cases, the time period within which the activity is
to be completed shall be stated on the face of the
permit. Approval, denial or approval subject to
conditions of a permit shall be based upon the
extent to which tree removal may:
(1) Create any safety risks to surrounding
persons or property or exacerbate any
existing risk.
(2) Cause any harm to the environment in-
cluding, but not limited to, noise, dust,
erosion, undue destruction of vegetation
and accumulation of waste materials and
pollutants.
(3) Cause harm to any physical characteris-
tics of the land including, but not limited
to, topography, vegetation, susceptibility
to erosion or siltation, susceptibility to
flooding, water storage or retention.
(4) Cause substantial environmental dam-
age.
(5) Be detrimental to the health, safety or
general welfare of the public.
(b) Agent to replace trees; security.
(1) A developer, prior to the approval of or
issuance of a permit for any activity in
connection with which trees are required
to be replaced, shall enter into a written
agreement with the city requiring the
developer to comply with the provisions
and conditions imposed in connection with
any such approval or issuance of a permit
and shall further provide that the devel-
oper shall indemnify the city against any
loss, cost or expense, including an amount
for reasonable attorneys' fees incurred in
enforcing the terms of such agreement,
and shall provide security for the perfor-
mance of its obligations pursuant to such
agreement. The security may consist of a
letter of credit, cash or escrow deposit, all
in such form and substance as shall be
approved by the city.
(2) The city council may make its approval of
the issuance of a tree removal permit
contingent upon the applicant posting,
within ten days of such approval and
CD30:105
§ 30-757
VICTORIA CODE
(3)
prior to commencement of any tree re-
moval, a letter of credit equal to 125
percent of the city's estimated cost to
furnish and replace the trees.
The security shall be maintained at least
for one year after the date that the last
replacement tree has been planted. Upon
a showing by the developer and such
inspection as may be made by the city,
that portion of the security may be re-
leased by the city equal to the estimated
(4)
cost of the replacement trees which are
alive and healthy at the end of such year.
Upon completion of the replanting of such
trees, the entire security shall be re-
leased.
Notwithstanding the provisions of this
section, no portion of the security shall be
released while there are unsatisfied
developer's obligations to indemnify the
city for any expenses incurred in enforc-
ing the terms of the agreement.
(c) Procedural table. The following table identifies the general steps to be taken to comply with this
division.
Step
1
2
DEVELOPER'S PROCEDURAL STEPS: GENERAL REFERENCE
Action
Determine property size.
Inventory significant trees (in cal-
iper inches measured at 4.5 feet
from ground) on property.
Determine if property is low tree
density or high tree density. Less
than 6 total caliper inches of
significant trees per 1,000 square
feet is considered low density; 6
or more total caliper inches of
significant trees per 1,000 square
feet is considered high density.
Example
20 acres (871,200 square feet)
36-- 8' box elders
30--10~ box elders
28--12~ box elders
35--12~ red maples
30--18# sugar maples
24-- 8# pin oaks
16--18~ northern red oaks
13--24" northern red oaks
11--30' red oaks
35---20~ american linden
29---24~ american linden
29--12" red cedar
28--12" Colorado spruce
23---18" Colorado spruce
5,500 total caliper inches of significant trees existing
5,500 total caliper inches of significant trees divided by 871,200 square feet equals
6.13 significant trees per 1,000 square feet, which meets the definition of high tree
density.
CD30:106
Step
4
8
ZONING AND LAND USE REGULATIONS
§ 30-757
Action
Determine total caliper inches of
significant trees to be removed/
harmed on property.
Determine percent of significant
tree caliper inches to be removed/
harmed on property by dividing
the total caliper inches of signif-
icant trees to be removed by the
total caliper inches of significant
trees originally on the property.
Using the tree replacement ta-
ble, identify the total caliper
inches of replacement trees re-
quired for the previously deter-
mined percent of removal and
tree density.
Prepare a tree preservation and
replacement plan. Show struc-
tures, existing significant trees,
significant trees to be removed,
significant trees to be preserved,
the proposed location of replace-
ment trees and also provide a
table or schedule, identifying all
trees by size, number, type/spe-
cies. Provide estimated replace-
ment cost for the plan from a
reputable nursery, landscape ar-
chitect or other knowledgeable
person.
Submit tree preservation and re-
placement plan to the city staff.
Review of plan by city staff.
Plan is reviewed and acted upon
by the city council.
Upon approval by the city coun-
cil, implement plan.
Example
30-8" box elders
25--10" box elders
15---12# box elders
17--12" red maples
15--18~ red maples
10--8" pin oaks
6--18" northern red oaks
3--24~ northern red oaks
3--30~ american oaks
16--20* american linden
14--24" american linden
15--12~ black walnut
14--12u Colorado spruce
12--18" Colorado spruce
2,714" removed/harmed
2,714 total caliper inches of significant trees to be removed, divided by 5,500 total
caliper inches of significant trees originally on the property, equals 49 percent.
At 49 percent removal and at high density, 0.5 caliper inches of replacement trees
(measured 12 inches fi~om ground) must be planted for every I inch of significant
tree caliper inches removed. 0.5 m.ultiplied by 2,714 total caliper inches removed
equals 1,358 total caliper inches of replacement trees required to be planted.
%
16
8
11
8
10
15
15
17
100
Number
80--3" red maples = 240~
40---1.75" pagoda dogwood = 70"
50--1.5~ ironwood = 75"
40--2" black walnut = 80"
50--4" black spruce (8' high) = 200"
75---3~ redmond linden = 225"
75--3~ little leaf linden = 225~
81--3" red maple -- 243"
491 1,358" total to be replaced
* Provide estimated cost for replacement plan from a reputable nursery, landscape
architect or ~ther knowledgeable person.
Provide city staff with 2 copies of the tree replacement plan.
Be available to explain plan/answer questions.
Appear at city council meeting to explain plan or answer questions.
Post letter of credit in the amount required. Implement plan as approved by the
city.
CD30:107
~§ 30-757
Step Action
12 Inspection. Upon completion,
quest inspectiau by the city and
approval of the completed work.
(Ord. No. 218, § 409:08, 3-7-96)
VICTORIA CODE
Example
Request inspection as appropriate.
Sees. 30-758--30-780. Reserved.
DMSION 3. HOMEOWNERS
Sec. 30-781. Purpose.
The purpose of this division is to:
(1) Recognize and protect the natural envi-
ronment consistent with the city's mis-
sion statement and goals of the compre-
hensive plan, through preservation and
protection of significant trees.
(2) Promote protection of trees for the bene-
fits provided, including beauty, protection
against wind and water erosion, enhance-
ment of property values, noise reduction,
air quality, energy reduction, buffering,
privacy and natural habitats.
(3) Establish requirements related to cut-
ting, removal or destruction of existing
trees, especially significant trees.
(4) Establish reasonable requirements for re-
placement of significant trees, on individ-
ual lots owned by homeowners.
(5) Provide for administration and enforce-
ment of tree regulations.
(Ord. No. 218, § 409:09, 3-7-96)
Sec. 30-782. Definitions.
The following words, terms and phrases, when
used in this division, shall have the meanings
ascribed to them in this section, except where the
context clearly indicates a different meaning:
caliper inches. See Stem caliper and Stem
diamete~
Critical root Zone of a tree means the area of a
circle around a significant tree with a radius that
is equal to 1.5 feet for every inch in stem diame-
ter.
High tree density means a parcel of land con-
raining six or more total caliper inches of signifi-
cant trees per 1,000 square feet of land.
Homeowner means the owner or owner's agent
of a single-family house, duplex or lot which was
previously subdiv/ded by a previous owner pursu-
ant to chapter 22 or a lot of record, provided the
lot or lot of record has five or less acres.
Low tree density means a parcel of land con-
taining less than six total caliper inches of signif-
icant trees per 1,000 square feet of land.
Replacement tree means a tree planted as part
of the tree replacement plan, which must be at
least two caliper inches measured 12 inches from
the ground and which otherwise meets the re-
quirements of this division, except bur oak, swamp
white oak, pagoda dogwood, ironwood and similar
trees which may be 1.25 caliper inches. A conifer-
ous tree five feet high will meet the two minimum
caliper inches required. (See exceptions for steep
slopes.)
Significant tree means any deciduous or conif-
erous tree measuring eight caliper inches in di-
ameter or greater which is not dead or actively
infected with oak wilt or Dutch elm disease.
Stem diameter (trunk diameter) means the
diameter of a tree measured usually at 4.5 feet
above the ground. For trees that branch at or
below 4.5 feet above the ground but above one
foot, stem diameter is measured at the smallest
point below 4.5 feet. Trees that branch below one
foot will be considered to have multiple stems and
the diameter of the tree will equal the sum of the
diameters of each stem.
Tree removal means any excavating, grading,
clearing, filling or other earth change or any
cutting, which may result in removal or killing of
CD30:108
ZONING AND LAND USE REGULATIONS
§ 30-784
more than ten percent of the significant tree
caliper inches on any land within any period of
five years.
Tree trunk means the stem portion of a tree
from the ground to the first branch.
Any term used in this division and not defined
in this section shall have the meaning as other-
wise defined in the Code.
(Ord. No. 218, § 409:10, 3-7-96)
Crou reference--Definitions generally, § 1-2.
Sec. 30-783. Permit.
(a) Required. It is unlawful for a homeowner to
use land for, or to engage directly or indirectly in,
tree removal unless the homeowner shall first
have applied for and obtained from the city, in the
manner provided in this section, a permit autho-
rizing tree removal. Provided, however, that no
permit shall be required by a homeowner for
excavation in conjunction with a building:
(1) For which there has been issued an ap-
propriate building permit; and
(2) Which is to be constructed:
a. Upon land for which a permit for
tree removal under this division has
previously been issued; and
b. In accordance with such permit.
(b) Failure to obtain. Failure to obtain a per-
mit shall be cause to deny issuance of a building
permit, prohibiting continuation of any construc-
tion of the property, connection or extension of
any utilities on the property or on any adjacent
streets, issuance of a certificate of occupancy and
to require remedial action in accordance with the
tree replacement table to replace significant trees,
lost or expected to be lost as a result of activity on
the site.
(c) Application. Application for a tree removal
and replacement permit shall be made in writing
using the form provided by the city. The applica-
tion shall include:
(1) The name, address and signed concur-
rence from the owner of land.
(2) Using a current survey at a suitable scale
' of the property, include:
a. The existing and proposed buildings
and structures on the site;
b. The location, size and type (species)
of all significant trees on the prop-
erty;
c. The location, size and type (species)
of all significant trees proposed to be
removed/lost; and
d. Location and type of protection mea-
sures used to prevent damage to the
critical root zone of significant trees
to be protected.
Significant trees shall be considered lost
as a result of grade change, including
grading or filling, whether temporary or
permanent, affecting 55 percent or more
of the tree's critical root zone; cutting of
45 percent or more of the tree's roots
within the critical root zone; mecbanical
injury to the trunk causing loss of more
than 40 percent of the circumference of
any portion of the tree bark; compaction
to a depth of six inches or more of 45
percent or more of the surface of the soil
within a significant tree's critical root
zone.
(3) Trees designated for preservation shall be
protected by snow fence or other means
acceptable to the city. The Protective mea-
sures must protect at leaSt the entire root
zone of the trees.
(4) The estimated period of time within which
the tree replacement will be conducted.
(Ord. No. 218, §§ 409:11, 409:12, 3-7-96)
Sec. 30-784. Tree protection and replace-
ment.
(a) Homeowner required to replace lost trees. A
homeowner shall replace live significant trees lost
or reasonably anticipated to be lost as a result of
grading, building upon or any other alteration of
the land immediately or in the future, by the
homeowner, or the homeowner's agent or subcon-
CD30:109
§ 30-784
VICTORIA CODE
tractor by planting that number of trees ("replace-
ment trees") determined in accordance with the
tree replacement table.
(b) Tree replacement table. The following table identifies the required amount of tree replacement.
HOMEOWNER TREE REPLACEMENT TABLE
Required Replacement Tree Required Replacement Tree
Percent of Caliper Inches for Caliper Inches for
Significant Tree Low Tree Density High Tree Density
Caliper Inches Removed (for each I tree removed) (for each 1 tree removed)
0~9.9 0 0
10--19.9 0.4 0.2
20--29.9 0.5 0.3
30~39.9 0.6 0.4
40~49.9 O.7 O.5
50---59.9 0.8 0.6
60--69.9 0.9 0.7
7O--79.9 1 0.8
80--89.9 1.1 0.9
· 90--100 1.2 I
Notes:
(1)
(2)
(3)
The amount to be replaced is to be measured in "replacement tree" caliper inches, usually
measured 12 inches from ground, and the amount removed is measured in "significant tree"
caliper inches, usually measured 4.5 feet from the ground.
If the lot has less than three significant trees with a total of 30 or more caliper inches and there
is no practical way to expand the structure without removal of more than 60 percent of the caliper
inches, then the required replacement trees need not exceed nine caliper inches.
Failure to obtain a permit prior to tree removal (removal or killing of more than ten percent of
the significant tree caliper inches in any five-year period) is cause to require tree replacement to
be increased by 0.1 for every one caliper inch removed.
(c) Sizes and types of replacement trees. Re-
placement trees must be no less than the follow-
lng sizes:
(1)
Deciduous trees: no less than two caliper
inches, except bur oak, swamp white oak,
pagoda dogwood, ironwood and similar
trees accepted by the city which may be
1.25 caliper inches.
(2) Coniferous trees: no less than five feet
high.
(d) Time to perform. Replacement trees shall
be planted not less than 12 months from the date
of issuance of the permit.
(e) Missing, dead or unhealthy trees. Any re-
placement tree which is not alive or healthy one
year after the date of planting shall be removed
and a new, healthy tree of the same size shall be
planted in place of the removed tree. Planting
shall occur not later than the first fall or spring
following such year.
CD30:ll0
ZONING AND LAND USE REGULATIONS
§ 30-785
(f) Sources of trees. Replacement trees shall
consist of "certified nursery stock" as defined by
Minn. Stats. § 18.46 and confom to the current
standard for nursery stock ANSI-Z60.1; or other
healthy trees obtained in a lawful manner which
comply with the following standards:
a. The lowest branch shall not be at a height
above the surface of the ground more than
one-half of the total height of the tree.
Example: A 16-foot tree must have a branch
within eight feet of the surface of the
surrounding ground.
b. The tree measured in caliper inches shall
not exceed the maximum height as shown
in the following table.
Maximum Height
Caliper Inches (feet)
2 16
2¥2 16
3 18
31/2 18
4 22
Maximum Height
Caliper Inches (feet)
5 26
(Ord. No. 218, § 409:13, 3-7-96)
Sec. 30-785. City action.
(a) Action on tree removal. Within a reasonable
time after receipt of an application that conforr°~
with the requirements, the city forester sha~
approve or deny issuance of a permit for tree
removal and replacement. The city_ ibreS~Vs of
a rove the permit subject to condition
PP ' · ' d witr~
p~rmit and, in all cases, _the time?~e~o~al1 be
which the activity is to be comple~eu ~".
c~e~
the face of the permit. Approv_al,
stated
based
on
or approval subject to conditions shall
be
upon the extent to which tree removal maY:
(1)Cause substantial environmental
age.
(2) Be detrimental to the health, safetY or
general welfare of the public.
(b) Procedural table. The following table identifies the general steps to be taken to comply with this
section.
Step
1
2
HOMEOWNER PROCEDURAL STEPS: GENERAL REFERENCE
Action
Determine property
size.
Inventory significant
trees (in caliper
inches measured at
4.5 feet from ground)
on property.
20,000 square feet
1--18" pin oak'
2--12" northern red oaks
2--24" northern red oaks
2~8" box elder
4--8" red cedar
1--12" lombary poplar
150" total existing
Example
CD30:lll
§ 30-785
Step
4
Action
Determine if prop-
erty is low tree den-
sity or high tree den-
sity. Less than 6 total
caliper inches of sig-
nificant trees per
1,000 square feet is
considered low den-
sity, 6 or more total
caliper inches of sig-
nificant trees per
1,000 square feet is
considered high den-
sity.
Determine total cali-
per inches of signifi-
cant trees to be re-
moved/harmed on
property.
Determine percent of
significant tree call-
per inches to be re-
moved/harmed on
property by dividing
the total caliper
inches of significant
trees to be removed
by the total caliper
inches of significant
trees originally on the
property.
Using the tree re-
placement table,
identify the total cal-
iper inches of replace.
ment trees required
for the previously de-
termined percent of
removal and tree den-
'sity.
VICTORIA CODE
Example
150 total caliper inches of significant trees divided by 20.1 thousand
square feet equals 7.5 Significant trees per 1,000 square feet, which is
high density.
3--8" red cedar
1--24" northern red oak
1--12~ pin oak
1--8" box elder
68" total removed/harmed
68 total caliper inches of significant trees to be removed, divided by 150
total caliper inches of sign.i.'ficant trees originally on the property,
equals 45 percent.
At 45 percent removal and at high density, 0.5 caliper inches of
replacement trees (measured 12 inches from ground) must be planted
for every I inch of significant tree caliper inches removed. 68 total
caliper inches removed, multiplied by 0.5, equals 34 total caliper
inches of replacement trees required to be planted.
CD30:112
Step
7
8
10
(Ord. No.
Action
Prepare a tree pres-
ervation and replace-
ment plan. Show
structures, existing
significant trees, sig-
nificant trees to be
removed, significant
trees to be preserved,
the proposed location
of replacement trees
and also provide a ta-
ble or schedule, iden-
tifying all trees by
size, number, type/
species.
Submit tree replace-
ment plant to the city
staff.
Review of plan by city
staff.
Inspection. Upon
completion, request
inspection by the city
and approval of the
completed work.
218, § 409:14, 3-7-96)
ZONING AND LAND USE REG~TIONS
§ 30-821
Example
% Number
22 2--4~ red maples = 8~
44 4~3.5# American linden (basswood) = 14#
35 3 ~." black spruce (7.5' high) = 12"
100 9 = 34# total to be re-
placed
Provide city staff with 2 copies of the tree replacement plan.
Be available to explain plan/answer questions.
Implement plan as approved by the city; request inspection as appro-
priate.
Secs. 30-786---30-820. Reserved.
ARTICI.R ~"~. LANDSCAPING
Sec. 30-821. Intent, scope and compliance.
(a) The of this article is to improve the appear-
ance of vehicular use areas and property abutting
public rights-of-way; to require buffering between'
noncompatible land uses; and to protect, preserve
and promote the aesthetic appeal, character and
value of the surrounding neighborhoods; to pro-
mote public health and safety through the reduc-
tion of noise pollution, air pollution, visual pollu-
tion and glare.
(b) This article does not apply to single-family
detached residences.
(c) No new site development, building, struc-
ture or vehicular use area is allowed, unless
landscaping is provided as required in this article.
(d) No property lines shall be altered, nor shall
any building, structure or vehicular use area be
expanded, unless the minimum landscaping re-
quired by the provisions of this article is provided
for the entire property.
(e) This article shall provide for screening for
visual impacts associated with a given use, includ-
ing but not bruited to:
(1) Truck loading areas;
(2) Trash storage;
(3) Parking lots, interior lot areas and perim-
eters;
(4) Large unadorned building massing;
CD30:113
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
(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.
(d) 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
(1)
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 an approved Forest Management plan.
(d) Tree Preservation Plan
O)
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 approvals, the tree preservation plan must be submitted along
with the other applications.
2
(3)
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.
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.
Trees replaced under this requirement shall be in addition to any other trees
required pursuant to other city ordinances or subdivision regulations.
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.
(5)
(6)
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
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.
4
(e)
(1)
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 s~tes 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
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.
5
(3)
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
Size of trees damaged or destroyed Number of replacement trees
Coniferous, 12'-24' high 1 2
Coniferous, 24' or higher 2 4
Specimen Tree, Coniferous 3 6
Hardwood Deciduous, 6"-20" diameter 1 2
Hardwood Deciduous, 21"-30" diameter 2 4
Specimen Tree, Hardwood Deciduous 3 6
Softwood Deciduous, 12"-24" diameter i 2
Category A/Category B/Category C
12
12
4
8
4
8
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 ~ 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.
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 I 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
(1)
Appeals from determinations of the city staff under this ordinance shall be
referred to the Zoning Board of Appeals pursuant to Section 900.40 of the
City Code of Ordinances.
(g) Violations and Enforcement
(1) See Section 900.46 City Code of Ordinances.
7
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
~iple 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
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 ske 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.
9
Tree Ordinance
City of Elk River, Minnesota
Definitions
1. As used within this ordinance, the following terms shall have the meanings set forth in this section:
The word "shall" is mandatory and not merely directory.
Alter
To change the appearance by trimming/removing branches from a tree to amount to more
than 25% of the original tree mass within one (1) year.
Applicant
A person who is applying for a license, certification or permit as required by this chapter.
Boulevard
That part of the property not covered by sidewalk or other paving, lying between the
property line and the curb line of any street. In the absence of a curb, the curb line of a
street shall be deemed to be the edge of that portion of the public right of way maintained
and open to the use of the public for purposes of public travel.
Caliper
The diameter, in inches of a tree at a height of 12 inches above the ground.
Certified Arborist
Any person holding a valid and current arborist certification as issued by the International
Society of Arboriculture (I.S.A.)
City Forester
City forester or other qualified designated official of Elk River, Minnesota, assigned to carry
out the enforcement of this Ordinance.
Clearing
The removal of vegetation from a property, whether by cutting or other means.
Community Forest
A collection of trees in and around the City including park and street trees on public
property, and yard trees on private property.
Community Forestry
The ecology of native and non indigenous plantings creating a forest in the human living
environment, and emphasizing the practice of wise professional planned management of all
tree resources within an urban area including trees in public streets, public areas, and on
private property to provide for multiple use benefits for the general well-being of the entire
community.
Critical Root Zone
The area inscribed by an imaginary circular line on the ground beneath a Tree having as its
center point the center of the trunk of the Tree and a radius equal to one foot for every inch
of DBH.
Damage
To take any direct or indirect action that causes, or is reasonably likely to cause, the death of
a Tree or a significant loss of a Tree's structural integrity including, without limitation,
destruction, poisoning, carving, mutilating, girdling, severing the main trunk or large
branches or roots, removing any portion of the bark from the main trunk or from large
branches, touching with live wires, crushing or exposing the roots, digging or drilling any
hole or trench within the Root Zone, or compacting a substantial portion of the soil in the
Root Zone.
Developer
The owner of the land or person who is the applicant for alteration of the land.
Development Regulations
The adopted regulations provided for the subdivision and development of real property
within the City of Elk River, as amended from time to time by the Mayor and City Council
of the City of Elk River.
Diameter
The diameter of a tree measured at a point 4 1/2 feet above the ground.
Diseased or Infected Tree
Any otherwise healthy tree, shrub, or other plant, whether located on city-owned property or
on private property which harbors insects or diseases which reasonably may be expected to
injure or harm any tree, shrub, or other plant.
Dripline
An imaginary vertical line which extends from the outermost branches of a tree's canopy to
the ground.
Forestry Program
Shall be synonymous with "City Tree Planting Program" and shall indude, but not be limited
to: tree planting maintenance and replacement; leaf collection and disposal; community
relations activities -- information on tree plantings, seedling distributions, Arbor Day
observations; and any enforcement of city ordinances relating to the city's tree planting
program.
Grading
The placement, removal or movement of earth by use of mechanical equipment on a
property.
Grubbing
The effective removal of understory vegetation from a site which does not include the
removal of any trees with a diameter breast height (dbh) of greater than eight inches.
Hedge
A row of closely planted shrubs or low growing trees forming a fence or boundary.
Landscape Plan
The design and specifications for the placement of any live plant materials such as trees,
shrubs, ground cover and grasses; and human-made structures such as walls, fences, and
berms, induding the retention of existing vegetation for the purposes of enhancing property
value and aesthetics; protecting the community's environment; and minimizing negative
impact on visual order of the community.
Landscaping
The use of natural plant materials including but not limited to, ground covers, shrubs, and
trees (deciduous and evergreen). Landscaping also involves the placement, preservation and
maintenance of such plant materials and includes such elements as fences, walls, lighting and
earth mounding.
Nuisance
Any tree with an infectious disease or insect problem; dead or dying trees; a tree or limb(s)
that obstruct street lights, traffic signs, the free passage of pedestrians or vehicles; a tree that
2
poses a threat to safety.
Pest
Any organism, insect, rodent, fungus, virus, bacteria, or other agent that causes any damage,
abnormal growth or mortality of any tree, shrub, bush or woody vegetation.
Pruning
The judicious removal of plant parts to increase usefulness, beauty, or vigor.
Public Tree
Any street tree, park tree or other woody plant on City property.
Screening
The use of landscape planting, fences, walls or other structures to obscure vision of any
unsightly or undesirable land use or structure and to minimize the intrusion of lighting on
neighboring property.
Shade Tree
A living tree with mature size of thirty feet or more.
Shrub
A woody plant of relatively low height, as distinguished from a tree by having several stems
rather than a single trunk.
Specimen Tree or Stand
A hardwood tree 30 inches or greater in diameter at 4~ feet and a minimum of 50 feet in
height for coniferous trees.
Street Tree
Any tree growing in the boulevard of any street or highway.
Topping
The severe cutting back of limbs to stubs within the tree's crown to such a degree so as to
remove the normal canopy and disfigure the tree.
Tree
A woody plant, usually with a single stem, above 10 feet in height at maturity.
Tree Owner
Owner of the property on which the tree grows.
Tree Protection Plan
A plan that identifies Tree Protection Areas where existing trees are to be preserved and
where proposed replacement trees are to be planted on a property to meet minimum
requirements, as well as methods of tree protection to be undertaken on the site and other
pertinent
Tree Service
Any person, firm, or corporation engaged in the business of cutting, trimming, pruning,
spraying, injecting chemicals, or removing trees or shrubs for compensation.
Tree Trunk
The stem portion of a tree from the ground to the first branch thereof.
Urban Forestry Program
All of those City resources, time and efforts directed toward the development and
maintenance of a safe, healthy, aesthetically pleasing and fully stocked population of public
trees.
ARTICLE I. Tree Ordinance
Section 82-1. Purpose of article
This ordinance establishes policies, regulations and standards necessary to ensure the
City of Elk River will realize the benefits provided by its community forest. It is the purpose
of this ordinance to promote and protect the public health, safety, and general welfare by
providing for the development of a Community Forestry Plan to address the planting,
maintenance, and removal of public trees and shrubs within the City of Elk River in order to
promote, maintain, and improve the urban forest resource of the City of Elk River.
Section 82-2. Authority and Power
(a) This ordinance provides full power and authority over all trees, plants and shrubs located
within street rights-of-way, parks and public places of the city; and to trees, plants and
shrubs located on private property that constitute a hazard or threat as described herein.
(b) The City shall have the right, but does not have the obligation, to plant, prune, maintain
and remove trees, plants and shrubs within the public right-of-way of all streets, alleys,
avenues, lanes, squares and public grounds, as may be necessary to insure public safety or to
preserve or enhance the symmetry and beauty of such public grounds.
(c) The city shall have the authority and jurisdiction to enter onto private property whereon
there is located a tree, shrub, or plant that is suspected to be a public nuisance as defined
herein and may direct the necessary treatment or removal; to alleviate interference with the
provision of essential services; and to preserve the aesthetics of public places.
Section 82-3. Tree Advisory Committee
(a) There is hereby created and established a Tree Advisory Committee for the City of Elk
River.
The Tree Advisory Committee shall consist of five members who are residents of
the City of Elk River and appointed by the Mayor with approval of the City Council.
(2)
The City Forester shall have the responsibility of providing administrative guidance
in carrying out the activities of the Tree Advisory Committee.
(3)
All members of the Tree Advisory Committee shall be residents of the city. A
majority of the members shall have demonstrated special interest, experience or
education in the areas of landscape architecture and/or contracting, civil engineering,
horticulture, historic preservation, public utilities, property management,
4
environmental science and/or design.
Vacancies occurring for reasons other than expiration of terms shall be filled as they
occur for the period of the unexpired term.
(5)
(8)
Members of the Tree Advisory Committee may be removed for cause by the City
Council, including violation of the rules stated below.
Members of the Tree Advisory Committee shall serve without pay; provided,
however, expenses incurred by Tree Advisory Committee members may be
reimbursed upon presentation of evidence thereof and with the approval of a
majority of the Tree Advisory Committee members.
The Tree Advisory Committee shall meet once a month and shall hold its first
meeting in the month following enactment of this Chapter. Special Meetings may be
called by the Chairperson, or in his or her absence the Vice-Chairperson or by any
two Tree Advisory Committee Members.
Three members shall constitute a quorum. Faithful attendance at all Tree Advisory
Committee meetings and conscientious performance of the duties required of the
Tree Advisory Committee members shall be considered a prerequisite of continuing
membership on the Tree Advisory Committee.
(b) Tree Advisory Committee Procedures
(1)
(3)
(5)
Within a reasonable time after the appointment of the Tree Advisory Committee,
upon call of the chairperson of the Tree Advisory Committee, the Tree Advisory
Committee shall meet and adopt rules of procedure for regular and special meetings
to fulfill the duties imposed upon it by this ordinance.
The Tree Advisory Committee may from time to time establish special committees
to assist it in studying specific questions and problems. The membership of such
committees shall not be limited to Tree Advisory Committee members.
The Tree Advisory Committee may not delegate to any such committee its official
powers and duties.
The Tree Advisory Committee shall choose its own officers and keep a journal of its
proceedings.
A member who has a conflict of interest shall disqualify himself or herself and
withdraw from participation in the matter. The member shall not sit with the Tree
Advisory Committee during the consideration and discussion of that matter.
Section 82-4 City Forester
5
The position of the City Forester is hereby established.
The City Forester shall be appointed by the City Council, based upon
recommendation from the Tree Advisory Committee.
Section 82-5 Designate City Department Responsible for Trees
The City Tree Program shall be administered by the Street Department. The Department
shall be supported in its program by other departments and organizations within the City of
Elk River.
Section 82-6 Duties of Tree Advisory Committee
(a) The Tree Advisory Committee shall advise and consult the City Forester on any matter
pertaining to the City of Elk River tree ordinance and its enforcement. The topics under
which this advice and consultation may be given may include, but are not limited to, any of
the following:
(b) It shall be the responsibility of the Tree Advisory Committee to study, investigate, consul
and develop and/or update annually, and administer a written plan for the care, preservation,
printing, planting, replanting, removal or disposition of trees and shrubs in parks, along
streets, and in other public areas. Such plan will be presented annually to the City Council
and upon their acceptance and approval shall constitute the official comprehensive city tree
plan for the City of Elk River.
(c) It shall be the responsibility of the Tree Advisory Committee to advise on the aesthetics
and appropriateness of all tree plantings and landscape plans within public right-of-way;
Landmark Tree Nominations for adoption by the City Council; Landmark Tree removals.
(d) When planning for the parks and or any other area of the City under the control of the
park or other boards or commissions, the Tree Advisory Committee shall make their
recommendations in writing to the appropriate board or commission who shall adopt or
otherwise act on the recommendations as they see fit.
(e) To advise other departments of the City on all projects that would affect trees in the City.
(f) The Tree Advisory Committee may make recommendations to the City Council through
the appropriate Council committee, and to city departments or other advisory bodies as may
be appropriate, on ordinances affecting the planting, removal, and maintenance of trees in
the city;
(g) It shall be the responsibility of the Tree Advisory Committee to develop, report and
recommend to the City Council an annual work plan to implement the Community Forestry
Plan.
(1)
The annual work plan shall outline activities planned for the coming year in the areas
of volunteer maintenance, and removal of public trees and shrubs. The work plan
shall include: what is to be done, who is to do it, and how the proposed work will be
6
funded.
(2) The City Council shall have the right to approve, revise and approve, or disapprove
the annual work plan and its associated budget. Upon approval of the annual work
plan by the City Council, the Tree Advisory Committee with the administrative
guidance of the City Forester, shall have the responsibility of carrying out the
activities within the annual work plan.
(h) The Tree Advisory Committee upon the request of any person who disagrees with the
decision of the City Forester, shall hear all issues of the dispute if they involve matters of the
interpretation or enforcement of the Forestry Policies and Specifications, the Urban Forest
Plan, or of the interpretation or enforcement of this ordinance. This includes disputes
regarding the issuance of permits, or the concurrence or non-concurrence of the City
Forester in permits required under other ordinance or laws, or the abatement of nuisances.
The Tree Advisory Committee shall prepare a report of its findings and forward it to the
City Council for a decision.
Section 82-7. Duties of City Forester
(a) The City Forester shall have the authority to promulgate rules and regulations regarding
standards of workmanship and the issuance of permits for activities requested under this
Section.
(2)
A permit may be required by the City Forester for the planting, removal or
maintenance upon public areas.
Detailed information may be required by the City Forester upon receipt of an
application for a permit.
(b) The City Forester shall have the authority to affix reasonable conditions to the granting
of a shade tree work permit.
(c) The City Forester, with the assistance of the Tree Advisory Committee, shall develop,
and each subsequent year, update the Urban Forestry Plan.
O)
The plan shall outline urban forestry program activities for a minimum of the next
five years.
This plan shall describe the urban forestry activities to be undertaken by the city, the
reasons for those activities, the possible funding source(s), the means of
accomplishing the activities, the alternatives available to the city to fund or
accomplish the activity, the projected date of completion, and the consequences if
the activity is not completed.
(3)
Activities may include but are not limited to street tree inventory, planting, tree
removal, beautification projects, and educational projects.
(d) It is the duty of the City Forester to recommend to the proper authority, the type and
kind of trees to be planted upon such municipal streets or parts of municipal streets or in
parks as is designated.
(1) A Street Tree List for Elk River shall be developed by the City Forester and
7
approved by the Tree Advisory Committee. Only desirable, long-lived trees of good
appearance, beauty, adaptability, and generally free from injurious insects or disease
shall be planted in public sites.
The City Forester, in conjunction with the,Tree Advisory Committee, shall review at
least once every two years the species, cultivars, and varieties included on the
approved list to determine if any should be removed for any reason or if certain new
species, cultivars, or varieties of proven dependability and value should be added.
(e) The City Forester shall have the responsibility of regularly updating a master systematized
tree management and planting program.
(f) The City Forester shall have the authority and is shall be his or her duty to supervise all
work done in accordance with the terms of this ordinance and management of the city's
forestry program.
(g)The City Forester shall have the responsibility to inspect and control insect and disease
problems and the removal of trees deemed by the City Forester to be diseased, dying, or
dead.
(h) The City Forester shall have the responsibility to manage risk and control nuisances trees
and the removal of dead or living trees or limbs that are determined by the City Forester to
be a hazard to public safety and property;
(i) The City Forester shall have the responsibility to educate citizens and promote tree care.
(1)
The City Forester shall make available to any interested person copies of the tree
ordinance, information about the activities of the Tree Advisory Committee, copies
of the Forestry Policies and Specifications, and copies of the Urban Forestry Plan.
The City Forester, with the assistance of the Elk River Tree Advisory Committee,
will have the responsibility of educating the community about the advantages of
growing trees.
(3) The City Forester will provide the community with information on viable species for
the area, how to plant the trees and how to maintain them. Promote the
conservation of healthy trees and encourage the recycling of tree debris.
(4) The City Forester will advise citizens and the city on such issues as tree preservation
on private property.
(j) The City Forester, with the assistance of the Tree Advisory Committee shall develop and
periodically review and revise, as necessary, the Forestry Policies and Specifications. This
manual shall contain regulations and standards for the planting, maintenance, and removal of
trees, shrubs, and other plants upon city-owned property.
(k) The City Forester, with the assistance of the Tree Advisory Committee shall develop and
periodically review and revise, as necessary, the Comprehensive plan goals and policies
related to trees.
8
(1) The City Forester shall administer the Urban Forestry Plan, the tree ordinance, and the
provisions of the Forestry Policies and Specifications.
Section 82-8. Exemptions
(a) Exemption for City Departments:Trees severely damaged by storms or other causes or
trees under utility wires or other obstructions where other pruning practices are impractical
may be exempted from this section at the discretion of the City Department responsible for
maintaining the trees, after consultation with the Tree Advisory Committee.
00) Exemption for Grandfathered Projects: In no event shall any grandfather project be
extended for a greater time period than 24 months from the date of enactment of this
ordinance.
(c) Exemption for Horticukural and Agricultural Use: All plant or tree nurseries, orchards
or botanical gardens shall be exempt from the terms and provisions of this ordinance in
relation to those trees which are being grown for relocation and continued growth in the
ordinary course of business, or for some public purpose. Nothing included in the provisions
of this Ordinance is intended to prohibit agriculture, silviculture, horticulture or nursery
operations within the city.
(d) Exemption for Timber Harvest: Any tree cut or removed for purposes of logging or tree
farming in accordance with a management plan of the Minnesota Department of
Environmental Protection, reviewed an approved by the Planning Commission and Tree
Advisory Committee and filed on record in the office of the City Clerk.
(e) Exemption for Treatment of Disease or Infestation: The City Forester may authorize the
removal of trees to prevent the transmission of disease or infestation, to prevent the danger
of those trees falling, or to prevent the potential injury to life and property.
O)
The owner/developer, prior to the removal of the diseased trees, shall notify the City
Forester, identify the location of the infested property, and shall submit a written
finding and plan for the removal or treatment of diseased trees.
Section 82-9 Licensing
(a) License Required: It shall be unlawful for any person to engage in the business of
planting, cutting, trimming, pruning, removing, spraying, or otherwise treating trees, shrubs
or vines within the City of Elk River without first producing evidence of certification/license
before the City of Elk River.
(b) Exemption from License Requirement: Provided, however, that no license shall be
required on any public service company including electric utilities and their agents or city
employees doing such work in the pursuit of their public service endeavors.
(c) License Requirements
(1) An applicant for such a license must show proof that at least one employee of said
business is certified by the I.S.A. as an arborist.
(2) Any applicant for a tree service business license shall provide at the time of
application a certificate of insurance showing insurance coverage for general liability,
automobile liability, worker's compensation, and other coverages required by law in
minimum amounts set by the Tree Advisory Committee resolution.
(3) Applications for a new tree service contractor's license or renewal must be
accompanied by proof that the licensee has current workers compensation insurance
coverage as required by Minnesota Code, if applicable.
(d) License Fee: Fees shall be established from time to time by resolution of the City of Elk
River City Council taking into consideration recommendations of the City of Elk River Tree
Advisory Committee and the City Administrator.
(e) Work Practices
(1) All licensees shall be responsible for the work performed under the provisions of this
chapter and shall comply with all applicable professional and safety standards. All licensees
shall comply with the City of Elk River's Forestry Policies and Specifications for planting,
pruning and removal.
(2) The licensee shall display the license to any of its customers or City officials upon
demand.
(3) Obey all orders or notices issued under the authority of the City Forester.
(4) Provide all vehicles used in the operation of the business with identification and letters a
minimum of 2 inches in height and a color contrasting with the background. The
identification shall include the following information: a. Name of Company b. Business
Address c. Business Telephone Number
(7 License Suspension or Revocation
(1) The license holder shall] Maintain with the City Forester a current mailing address.
Any Order, Notice, Summons and Complaint or other Departmental
communication, whether delivered by personal service or by certified, registered, or
first class mail sent to that address, shall constitute service.
When a licensee commits any acts or omissions in violation of this Ordinance and
the City Forester deems that the license shall be suspended or revoked, the action
shall be as follows:
(a) Notification. The City Forester shall send written notice, containing the
grounds for the action, the effective date of the action, that the licensee can request a
hearing, and that if a hearing is requested the effective date of the action is stayed, to
the license holder, by certified mail or by personal service, at least seven (7) days
prior to suspension or revocation.
(b) Upon receipt of the notice, the license holder may request a hearing to show
cause why the license should not be suspended or revoked. This request shall be in
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writing to the Department within seven (7) days after receipt of the notice.
(c) If a hearing is requested by the license holder, the City Forester or a designee of
the City Forester shall notify the license holder of the time, date and place of the
hearing. Suspension or revocation of the license shall be stayed until after the
hearing. The license holder and other interested parties may be in attendance at the
hearing.
(d) Upon completion of the hearing, the City Forester shall take all evidence
available as a result of the investigation, all evidence presented at the hearing, and if
the hearing was held by a designee, the recommendation of the designee under
advisement, and shall have written notice of the findings and ruling to the license
holder by certified mail or personal service.
(e) In the event of any suspension, revocation or denial of a the aggrieved party
shall have the right to appeal such suspension or revocation to the City Council.
Any such appeal must be submitted in writing to the Council within thirty (30) days
after the date of suspension or revocation of the license and include:
(g) License Expiration and Renewal
(1) The tree service contractor's license and tree service certification shall be valid for
the remainder of the calendar year in which it was issued and will expire on
December 31st of each year.
(2) Tree service contractor's licenses may be renewed by filing a renewal application with
the City Forester, including the annual license fee and proof of insurance as required
herein.
(3) Any license issued hereunder shall not be transferable.
Section 82-10 Permits
(a) Permit Application for Work on Trees
(1) No person or corporation shall fertilize/spray, cut, break, climb, injure or remove
any tree in a public right-of-way of the City, or any plant, shrub or tree in any park of
the City or public right-of-way, without a written permit from the City Forester.
(2) The application required herein shall state the number and kinds of trees to be
sprayed, fertilized, pruned or otherwise preserved; the kind of treatment to be
administered; the composition of the spray material to be applied; and such other
information as the City Forester shall find reasonable necessary to a fair
determination of whether a permit should be issued.
(b) Permit Application for Work Near Trees
(1) No person shall make any excavation, place any fill, compact the soil or construct
any building structure, street, sidewalk, driveway, pavement or public utility within 15
feet of any public tree without first obtaining a permit for such work from the City
Forester and conducting such work in accordance with such permit.
(2) No person shall deposit, place, store or maintain upon any public place of the City,
ll
any stone, brick, sand, fertilizer to the roots of any public tree growing therein,
except by written approval of the City Forester.
(3)
No person shall, without first obtaining a permit from the City Forester: locate, place
or maintain any pole or post in such a manner as to interfere with any tree or shrubs
growing in any street or public place.
Any public utility maintaining any overhead wires or underground pipes or conduits
shall obtain permission from the City Forester before performing any maintenance
work on the wires, pipes, or conduitswhich would cause injury to street trees. The
public utility shall in no way injure, deface, prune, or scar any street tree until their
plans and procedures have been approved by the City Forester.
(5)
No individual, state or municipal board, body or official is permitted to lay any
sidewalk along or to open, construct, curb or pave any street or do any like act so as
to interfere with or do injury to any highway shade tree without the consent of the
City Forester.
(c) Standards for Issuance of Permits
Any permit granted shall contain a definite date of expiration and the work shall be
completed in the time allowed on the permit and in the manner as therein described.
Any permit shall be void if its terms are violated.
(d) Detailed Criteria for Issuance of Permits
(1)
(2)
(3)
The City Forester shall consider characteristics of the species of tree to be planted,
the species of existing trees in the neighborhood and the distance from existing and
proposed public improvements in determining whether a permit application should
be granted.
The City Forester shall issue the permit provided for herein when he or she finds
that the proposed plantings conform as to species and location to the policies set
forth by the Tree Advisory Committee.
The permit shall be granted if there is a finding that the removal and destruction will
not impair the growth and development of remaining trees on the property of the
applicant of adjacent properties and would not cause erosion of soil, impair existing
drainage, lessen property values in the neighborhood or impair the aesthetic values
of the area or if the tree is diseased or threatens the health of other trees.
The application shall state the number of trees to be set out; the location, grade,
species, cultivar or variety of each tree; the method of planting; and such other
information as the City Forester shall find reasonable necessary to a fair
determination of whether a permit should be issued.
(5)
The application for a permit pursuant to this section shall state the purpose of the
proposed alteration or removal, the size, species and location of the tree(s) proposed
to be removed or substantially altered in habit, and the name of the person who will
alter or remove the tree. Any person obtains such a permit shall replace a removed
tree with the approval species within twelve (12) months after such removal. The
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location for planting of the replacement trees shall be agreed upon between the
applicant and the City Forester prior to issuance of a permit for removal.
(e) Permit Application Fee. A fee in an amount determined by the City Council and fixed by
resolution must be paid at the time of making the application. In the event the application
for a permit is denied, the fee shall be returned to the applicant.
(f) Response to Application for a Permit. Within seven days of receipt of a permit
application, the city forester shall issue a permit to perform (within 30 days of the day of
issuance) any of the acts specified in this section for which a permit is required.
(g) Tree Becomes Public Property. Any tree planted pursuant to this section shall become
the property of the city.
(h) Improper Planting. Whenever any tree shall be planted or set out in conflict with the
provisions of this section, it shall be lawful for the city forester to remove or cause removal
of the same, and the exact cost thereof shall be assessed to the owner as provided by law in
the case of assessments.
(i)
(1)
Exemptions or Special Requirements for City or Utility Workers
These license provisions shall not apply to public officials of the City of Elk River,
state or federal governments engaged in the performance of their official duties or
anyone working on his own premises, or to bona fide yardmen working under the
direct supervision of the person who owns the property being serviced, or employees
of public utilities engaged in securing clearance along utility easements for the
facilities of such utilities.
(3)
All city departments shall be exempt from those permit provisions and shall be
subject only to notification of the City Forester of tree work to be performed.
The public utility companies shall be required to submit to the City Forester the
names of tree care personnel used by the utility company to assure that they have
been certified by the City Forester.
The city and any public utility company shall notify the City Forester prior to
performing any work that will affect a city tree(s). Public utility companies shall
notify the City Forester not less than 2 business days in advance of commencement
of pruning on public lands and public rights-of-way for purposes of routine clearing
of electric, telephone, cable television and similar overhead rights of way.
(5)
(6)
Public utility companies shall notify the city forester prior to pruning any tree located
on city-owned property for the purpose of maintaining safe line clearance and shall
carry out all such work in accordance with accepted arboricultural standards.
No person, firm or corporation shall string any wire or wires or lay pipe for the
transmission of gasses through a public park without the written permission of the
City Forester.
13
O)
(1)
Public utility companies may, during periods of emergency, without specific prior
permit, install temporary attachments to trees and make emergency subsurface
repairs.
Other Permit Exceptions.
The cutting, removal, or destruction of any tree pursuant to an order or directive of
any municipal, county or state agency, or Court.
(2) No permit shall be required to remove any tree or part thereof which, by reason of
damage by fire, windstorm or other natural calamity, poses a threat to the public
health or safety or which obstructs any public way.
(3) Mature trees, regardless of caliper, may be pruned by the property owner up to
heights of 15 feet provided that the cut measures no more than 2 inches in diameter.
Section 82-11 Order Required for a Notice to Take Action
(a) Upon determination that a public nuisance exists, the public works director or his or her
designated representative shall serve written notice upon the owner or occupant of the
premises where the tree is located to abate the nuisance.
(b) Such notice shall require the elimination of the nuisance no less than 30 days after the
notice is delivered.
(c) When a person to whom an order is directed shall fail to comply within the specified
time, it shall be lawful for the municipality to prune such trees, and the exact cost thereof
shall be assessed to the owner as provided by law in the case of special assessments.
Section 82-11 Tree Planting, Maintenance, and Removal
(a) Landscaping
(1) In new subdivisions or when the development of commercial, industrial or multi-
family property occurs, the city will review landscaping plans and may require street
trees to be planted in any of the streets, parking lots, parks and other public places
abutting lands henceforth developed and/or subdivided or developed.
(2) The City Forester shall require the planting of street trees on land, public or private,
bordering all streets in any new subdivision in conformity with the street tree master
plan. All such planting shall be done in accordance with the Forestry Policies and
Specifications adopted by the Tree Advisory Committee.
(3) The Planning Commission shall consider a landscape plan as part of its review of any
subdivision plat, development plan or site plan application.
(4) Subdivision and development plans shall be designed to preserve natural vegetation
areas as much as possible. Streets, parcels, structures and parking areas shall be laid
out to minimize the destruction of wooded areas or outstanding tree specimens.
Developers of land are encouraged to designate wooded preserved open space.
(5)
Where in authorized excavations it becomes necessary to expose or cut roots that are
greater than one (1) inch in diameter or are within the dripline of any tree, it shall be
the duty of the contractor to protect the roots in accordance with the Forestry
14
Policies and Specifications.
(b) Topping. It shall be unlawful as a normal practice for any person, firm, or city
department to top any street tree, park tree, or other tree on public property and it is
strongly discouraged as a tree care practice on private trees. Trees severely damaged by
storms or other causes, or certain trees under utility wires or other obstructions where other
pruning practices are impractical may be exempted from this ordinance at the determination
of the Tree Advisory Committee.
(c) Arboricultural Standards for Maintenance of Trees
(1) This manual shall contain regulations and standards supplementing this Ordinance
for establishing the evaluation and appraisal of trees and shrubs, and the planting,
maintenance, and removal of trees and shrubs upon all City-owned property.
(2) The City Forester shall have the authority to modify, amend, or extend, with the
approval of the Tree Advisory Committee, the Forestry Policies and Specifications as
any circumstances make it advisable.
(3) All damage-related tree work performed under this section shall conform to the
regulations and standards of the Forestry Policies and Specifications.
(d) Dead or Dying Trees. Any trees or parts thereof in a dead or dying condition located
anywhere in the City may be declared a public nuisance upon the recommendation of the
City Forester. Dead and dying street or public trees that pose a safety or health risk to the
public or to other trees shall be removed in a timely manner. The City shall make a risk
determination of public and street trees and will initiate removal as appropriate.
(e) Nuisance or Hazard Trees
(1) The Tree Advisory Committee may remove or cause or order to be removed, any
tree or part thereof which is in an unsafe condition or which by reason of its nature
is injurious to sewers, electric power lines, gas lines, water lines, or other public
improvements, or is affected with any injurious fungus, insect, or other pest.
(2) Any public nuisance under this ordinance which is located on city-owned property
shall be pruned, removed, or otherwise treated by the City Forester in whatever
fashion is required to cause the abatement of the nuisance within a reasonable time
after its discovery.
(3)
The following are hereby declared public nuisances under this ordinance:
(1) Any otherwise healthy tree, shrub, or other plant, whether located on city-
owned property or on private property which dangerously obstructs the view in the
'visibility triangle' as such may be determined by the City Engineer pursuant to
ordinance.
(2) Any tree or shrub which obstructs the free passage of pedestrian or vehicular
traffic of which obstructs a street light or traffic control device.
(f) Disease or Pest Infested Trees. Any tree or part thereof which is afflicted with any
dangerous and infectious insect infestation or plant disease shall be cured or destroyed.
15
Section 82- 12Protection from Disease and Infested Wood
(a) Upon the discovery of any destructive or communicable disease or other pestilence
which endangers the growth or health of trees, or threatens to spread disease or insect
infestations, the City Forester shall at once cause written notice to be served upon the owner
of the property upon which such diseased or infested tree is situated, and the notice shall
require such property owner to eradicate, remove or otherwise control such condition within
reasonable time to be specified in such notice. Such regulations may include, but shall not be
limited to a listing of all such diseases which threaten to injure or destroy shade trees in Elk
River.
(b) No person shall store or permit the accumulation of any elm wood in the City of Elk
River. No person shall store any tree or part thereof declared to harbor or contain any pest
infestation unless the wood is debarked prior to storage.
(c) It shall be unlawful for any person to transport within the city any bark-bearing elm
wood without having obtained a permit from the City Forester. Permits shall be granted
only when the purposes of this chapter shall be served thereby.
Section 82- 13Abuse or Mutilation of Public Trees
(a) No person shall deposit, place, store, or maintain upon any public place of the
municipality, any stone, brick, sand, concrete, or other materials which may impede the free
passage of water, air, or fertilizer to the roots of any tree growing therein, except by written
permit of the city forester.
(b) Snow will not be plowed, blown, shoveled from roof tops, or piled in a manner that
damages trees.
(c) No trees on land owned or maintained by the City shall be pruned in a manner that
impairs the health of the tree.
(d) No person shall, without a written permit from the City Forester, whitewash, paint or in
any way discolor the stem base, bole or root of any tree or shrub upon any public property
in the City.
(e) In addition no person shall cut down, lop, take or otherwise destroy any ornamental or
shade tree, shrub, flowers, bulb or fruit standing or growing on any private or public ground
or any street, side walk, park, sidewalk, promenade or park, parkway or boulevard in the
City.
Section 82- 14Protection of Public Trees
(a) Protection from Posting and Wire: No person shall be allowed attached the following to
any public trees:
(1)
Post any bills, advertisements, cards or notices of any kind, upon any trees, placed
or growing for ornament or use, in any street or square, within the limits of the City,
without permission of the City Forester if such tree is within the limits of a public
place.
Fasten any rope, wire, electric attachment, sign or other devices to a tree or to any
guard about such tree, with the exception of holiday or ornamental lighting.
16
(3)
Attach a potentially harmful device or structure (i.e. tree houses) to or on public trees
unless otherwise authorized by the City Forester.
(b) Protection from Fire: No person shall allow fire or heat to come in contact with any tree
on land owned or maintained by the City.
(c)
(3)
Protection from Utilities
Each public utility company shall exercise reasonable diligence in the maintenance of
its plant construction so as to avoid damage to trees.
Cause or permit any wire charged with electricity to come in contact with any tree or
plant.
All wires belonging to public utilities, City or individual, shall be securely fastened
and maintained so as to safeguard the trees against any damage therefrom.
Inspection should be made periodically to prevent damage to trees, or adjustments
made whenever requested by the City Forester.
It shall be unlawful for any person, firm or public utility to cut, carve, scrape or
girdle, burn, char, or otherwise deface any street tree, park tree or other shrub or tree
in any Public Area or Public Way, except where a public utility, with easement right,
needs to remove branches interfering with overhead lines.
(d) Protection from Toxins: It shall be unlawful for any person, firm, or public utility to
place salt, brine, petroleum products, herbicides, or any other substances in such amounts as
to be toxic or injurious to the health, growth or vitality of any Street Tree, Park Tree or
shrub in any Public Area or Public Way.
(e) Protection from Vehicles and Equipment
(1) Backhoes, bulldozers and all other implements, machines and tools shall be used or
operated in such a manner as not to damage or destroy any tree, shrub or plant in
any public highway or park.
(2) All planting areas that are adjacent to parking or vehicular circulation areas shall be
protected from vehicular intrusion or damage from excessive vehicular lubricants or
fuels.
(3)
No person, firm or corporation shall strip, excavate or otherwise remove top soil
except in connection with the construction or alteration of a building on such
premises and excavation or grading incidental thereto.
(f) Protection from Animals: No person shall fasten an animal to a tree or shrub located on
city property or cause an animal to stand so that it can damage such tree or shrub.
Section 82-15 Private Trees
(a) The city shall have the right to cause the removal of any dead or diseased trees on private
property within the city, when such trees constitute a hazard to life and property, or harbor
insects or disease which constitute a potential threat to other trees within the city. In the
17
event of failure of owners to comply with such provisions, the city shall have the authority to
remove such trees and charge the cost of removal on the owners property tax notice.
(b) All trees planted by any property owner on his or her property shall be planted at least
four feet away from any inner sidewalk line adjacent to the property to protect the sidewalk
from disturbance.
(c) All owners of growing trees shall care for, trim and prune the same when necessary for
the preservation of a tree for public safety.
(d) The owner of any tree shall not permit the roots thereof to disturb, lift, or interfere in
any way with any wall, foundation, driveway, pipeline, or other valuable improvement on the
property of any other person. The owner of said tree shall cause such roots to be removed
and shall take such other action which is necessary to prevent further damage to the
improvements.
(e) If the tree trunk emerges from the ground on the line for the public right-of-way and
private property, the city and the private landowner shall share the cost of removal
proportionately.
Section 82- 16Appeals
The City Council shall have the right to review the conduct, acts, and decisions of the
Tree Advisory Committee. Any person may appeal from any ruling or order of the Tree
Advisory Committee to the City Council who may hear the matter and make final decisions.
An appeal must be made in writing, filed with the City Clerks Office and shall contain any
and all facts which are offered in support of said request including the following:
A statement of the action(s) being appealed together with any material facts in
support of his or her position;
A statement outlining the interest of each aggrieved party;
A description and justification of the proposed activity;
A description of the tree(s) to be affected including approximate size, location and
specie(s);
The signature of all parties and date.
Section 82- 17Violations
(a) Any person who shall injure, damage, or destroy any tree, shrub, vine, hedge, or other
plant situated upon the public right-of-way of any street, alley, sidewalk, or other public
place within the city shall promptly notify the City Forester of such occurrence and shall,
within such reasonable time as specified by the City Forester in an order, repair or replace
the damaged vegetation to the satisfaction of the City Forester.
(b) It is unlawful, prohibited for any person to violate the provisions in this ordinance,
including failure to comply with any notice and decision of the City Council following
appeal. The City must be compensated for damage to or the loss of any tree as determined in
accordance with this ordinance.
(c) Each tree affected by noncompliance with this article shall constitute a separate
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violation. Each day a violation is committed or permitted to continue is a separate violation.
(d) The owner of any property where any violation exists, and any builder, contractor, or
agent who may have assisted in the commission of any such violation, shall be guilty of a
separate offense.
Section 82-18 Enforcement
The City Forester is responsible for enforcing the provisions of this ordinance.
Section 82-19 Severability Clause
If any section of the ordinance is found to be invalid or unconstitutional, it does not affect
the validity of remaining sections.
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