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HomeMy WebLinkAbout7A - Tree Preservation AGENDA # PREPARED BY: SUBJECT: DATE: INTRODUCTION: ANAL YSIS: STAFF AGENDA REPORT 7A R~ MICHAEL LEEK, ASSOCIATE PLANNER CONSIDER APPROVAL OF ORDINANCE 96-04 AMENDING TITLE 5 OF THE PRIOR LAKE CITY CODE AND THE ZONING ORDINANCE (83-06) BY ESTABLISHING A TREE PRESERVATION PROGRAM JANUARY 16, 1996 The purpose of this item is to consider an amendment to the City Code and Zoning Ordinance by establishing a tree preservation program. During the Spring of 1993, in connection with the plat of Forest Oaks, Planning Staff was directed to research tree preservation ordinances and prepare a draft for possible adoption. Throughout 1993 and 1994, previous members of the planning staff researched tree preservoation ordinances and prepared a draft based on that research. Continued subdivision and development activities have spotlighted the need to move forward in the City's efforts to preserve one of its most valuable natural resources and amenities. On October 2, 1994, staff met with the City Council to discuss the basic parameters for a tree preservation ordinance. The Planning Commission first reviewed the draft ordinance at its meeting of November 13, 1995. The discussion was continued to the December 11, 1995, and January 8, 1996, meeting. During this process, the draft was reviewed by several people, including the Builders Association of the Twin Cities, as well as the new City Attorney. The attached Ordinance incorporates changes recommended throughout the review process, including changes recommended by the City Attorney. . Based on the October discussion with the City Council, as well as the input from the hearings before the Planning 16200 E!~~s(/~. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax'(612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER Commission, an ordinance has been developed which has the following key features: 1. The Ordinance applies to new public and private development on either platted or unplatted land in the City and to development of previously platted, vacant lots; 2. Persons developing land as set forth in Item 1 above must prepare a tree preservation plan for City approval, and certify compliance with the approved tree preservation plan; 3. Significant trees are defined as deciduous trees 6" or wider and coniferous trees having a height of 12' or more; 4. It establishes limits for allowable tree removal without replacement; 5. Replacement of significant trees above the limits specified in the ordinance requires replacement at a ratio of 1/2 caliper inch for each 1 caliper inch of tree removal. 6. Warranty requirements are, established to insure compliance with approved tree preservation plans. ALTERNATIVES: 1. Adopt the attached Ordinance as presented and recommended by the Planning Commission or with additional changes suggested by the City Council. 2. Continue or table this issue for specific reasons. 3. Determine that there is no need to amend the Zoning Ordinance and deny the attached Ordinance. RECOMMENDA TION: Staff recommends that the City Council support Alternative 1. REVIEWED BY: Adoption of attached ordrance 96-04, approving the ordinanc;~evisio. . A 2/3 l~te is required to amend the Ordinance. ('. ", '~ Liv Frank Boyles, . Ma r ACTION REQUIRED: TREECC.DOC/RML 2 City required permit shall be granted unless approval of a tree preservation plan has first been obtained. (D) Entry on Private Property and Interference with Inspection: The City's Zoning Officer and/or his/her agent may enter upon private premises at any reasonable time for the purposes of enforcing the regulations set forth in this section. No person shall unreasonably hinder, prevent, delay or interfere with the City's Zoning Officer or his/her agents while they are engaged in the enforcement of this section. (E) Definitions: Caliper Inches - means the diameter, in inches, of the trunk of a tree measured at a height of 4.5 feet above the ground. Civil En~ineer - means a person licensed to practice civil engineering under Minnesota Statutes sections 326.02 to 326.15. Coniferous Tree - a woody plant having foliage on the outermost portion of the branches year-round. Coniferous trees are considered to be "significant" for purposes of this Ordinance at a height of twelve feet (12') or more,. Species of coniferous trees required to be surveyed for tree preservation plan approval are as follows: Common Name: 1. Arborvitae (White Cedar) 2. Fir, Douglas 3. Fir, White 4. Hemlock, Canada (Eastern) 5. Junipers 6. Larch, Eastern (Tamarack) 7. Larch, European 8. Pine, Austrian 9. Pine, Eastern White 10. Pine, Mugo 11. Pine, Ponderosa 12. Pine, Red (Norway) 13. Pine, scotch 14. Redcedar, Eastern 15. Redwood, Dawn 16. Spruce, Biack Hills 17. Spruce, Colorad Blue 18. Spruce, Norway 19. Spruce, White 20. Spruce, Japanese Scientific Name: Thuja spp. Pseudotsuga menziesii glauca Abies concolor Tsuga canadensis Juniperus spp. Larix laricina Larix decidua Pinus nigra Pinus strobus Pinus montana Pinus ponerosa Pinus resinosa Pinus sylvestris Juniperus virginiana Metasequoia glyptostroboides Picea glauca densata Picea pungens Picea abies Picea glauca Taxus cuspidata 2 CITY OF PRIOR LAKE ORDINANCE NO. 96-04 AN ORDINANCE AMENDING TITLE 5 OF THE PRIOR LAKE CITY CODE AND THE ZONING ORDINANCE, 83-06. The City Council of the City of Prior Lake does hereby ordain: Title 5 of the Prior Lake City Code and the Zoning Ordinance, 83-06 are hereby amended by adding Section 5-5-10.1 and Section 6.16 respectively as follows: (A) Intent and Purpose: It is the intent of the City of Prior Lake 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 City. This section of the Zoning Ordinance has the following specific purposes; 1. to promote diversity in tree species, 2. to minimize erosion and its detrimental effects caused by construction activities, 3. to allow the development of wooded areas in a manner that minimizes and mitigates the removal and destruction of trees, preserves aesthetics, property values the nature and character of the surrounding area, and 4. to provide for the fair and effective enforcement of the regulations contained herein. (B) Application: This ordinance applies to the following sites in the City of Prior Lake: 1. All new public or private development on either platted or unplatted property; 2. New construction on previously platted, but vacant building sites. The requirements of this ordinance are in addition to the requirements of the City's landscape and screening requirements contained in Section 6.10 of the City's Zoning Ordinance or other City Code. (C) Tree Preservation Plan Approval Required: It is unlawful for any person to engage directly or indirectly in land alteration, as defined in this ordinance, unless such person has first applied for and obtained approval from the City's Zoning Officer or other authorized city official of a tree preservation plan. No preliminary plat, building permit, grading permit, or other Canopy - means the horizontal extension of a tree's branches in all directions from its trunk. Deciduous Tree - a woody plant having a defined crown, and which loses leaves annually. Deciduous trees are considered to be significant at six caliper inches (6") or more. Species required to be surveyed are as follows: Common Name: 1. Ash, Blue 2. Ash, Marshall Seedless 3. Ash, Summit 4. Ash, White 5. Beech, Blue 6. Birch, River 7. Chokecherry, Amur 8. Chokecherry, Shubert's 9. Coffee-tree, Kentucky 10. Corktree, Amur 11. Crabapples (ornamental) 12. Dogwood, alternate-leaved 13. Ginko (male trees) 14. Hackberry 15. Hawthorns 16. Hickory, Bitternut 17. Honeylocust, Imperial 18. Honeylocust, Skyline 19. Ironwood 20. Lilac, Japanese tree 21. Linden, Greenspire 22. Linden, Littleleaf 23. Linden, Redmond 24. Maple, Amur 25. Maple, Black 26. Maple, Mountain 27. Maple, Norway & Cultivars 28. Maple, Red & Cultivars 29. Maple, Sugar 30. Maple, Tatarian 31. Mountain Ash, European 32. Mountain Ash, Showy 33. Mulberry, Red 34. Nannyberry 35. Oak, Bur 36. Oak, Chestnut 37. Oak, Northern Pin 38. Oak, Northern Red 39. Oak, Pin 40. Oak, Red 41. Oak, Scarlet 42. Oak, Swamp White 43. Oak, White 44. Plum, American Scientific Name: Fraxinus quadrangulata Fraxinus pennsylvanica subintegrerrima "Marshall Seedless" Fraxinus pennsylvanica subintegerrima "Summit" Fraxinus americana Carpinus caroliniana Betula nigra Prunus maacki Prunus virginiana "Shubert" Gymnocladus dioicus Phellodendron amurense Malus spp. Cornus alternifolia Ginko biloba Celtis occidentalis Crataegus spp. Carya cordiform is Gleditsia triacanthos "Imperial" Gleditsia triacanthus "Skyline" Ostrya virginiana Syringa amurensis japonica Tilia cordata "Greenspire" Tilia cordata Tilia x euchlora "Redmond" Acer ginnala Acer nigra Acer spicatum Acer platanoides Acer rubrum Acer saccarum Acer tatarica Sorbus aucuparia Sorbus decora Morus rubra Viburnum lentago Quercus macrocarpa Quercus muhlenbergii Quercus ellipsoidalis Quercus rubra var. borealis Quercus palustris Quercus rubra Quercus coccinea Quercus bicolor Quercus alba Prunus americana 3 46. Redbud, Eastern 47. Serviceberry 48. Tulip-tree Cercis canadensis Amelanchier spp. Liriodendron tulipifera Developer - any person or legal entity who undertakes to improve a parcel of land by platting, grading, installing utilities, or constructing any building thereon. Drip Line - The farthest distance away from the trunk of a tree that rain or dew will fall directly to the ground from the leaves or branches of the tree. Forester - a person holding at least a Bachelor's degree in forestry from an accredited four-year college of forestry. Horticulturist - a person holding at least a Bachelor's degree in horticulture or field related to the cultivation of plants and/or licensed as a horticulturist by the State of Minnesota. Land Alteration - means any private or public infrastructure and utility installation, building construction, excavation, grading, clearing, filling or other earth change which may result in: 1. The movement of more than one hundred (100) cubic yards of earth, 2. Any alteration of land of more than one foot from the natural contour of the ground on any contiguous four hundred fifty (450) square feet of ground where significant trees are present, or 3. Any cutting, removal or killing of more than twenty (20) percent of the significant trees on any land within a period of five (5) years. Landscape Architect - a person licensed by the State of Minnesota as a Landscape Architect. Land Surveyor - means a person licensed to practice land surveying under Minnesota Statutes sections 326.02 to 326.15. Root Zone - the area under a tree which is at or within the drip line of a tree's canopy. Si~nificant Tree - A deciduous tree measuring 6 caliper inches or more in width or a coniferous tree measuring 12 feet or more in height. (F) Tree Preservation Permit Process: 1. Tree Preservation Plan Approval Required: It is unlawful for any person to engage in land alteration, plat and develop land, or build on previously platted, 4 vacant lots within the City of Prior Lake without first applying for and obtaining tree preservation plan approval. 2. Allowable Tree Removal: A. Initial Site Development: For initial site development, up to twenty- five (25%) of significant trees will be allowed to be removed without tree replacement or restitution for the following activities: 1. Grading of the road right-of-way. 2. Utilities installation, including sanitary sewer, storm sewer, water, natural gas, electric service, telephone service, cable television, and other similar public or semi-public utilities. 3. Construction of public or private streets. 4. Construction and/or grading of drainage ways. In addition to the 250/0 of significant trees which may be removed without replacement or restitution for the above-listed activities, an additional twenty-five percent (25%) of significant trees on individual lots within sites of new development may be removed without replacement or restitution for the installation of utilities, driveways and building pads. B. Previously Platted. Vacant Lot Development: On individual lots, up to twenty-five percent (25%) of the significant trees may be removed for the installation of utilities, driveway and the building pad without tree replacement or restitution. Applications for variance from the provisions of this section shall be reviewed by the Board of Adjustment following the procedures set forth in Section 7.6 of the Zoning Ordinance. The Board of Adjustment may permit significant trees to be removed in excess of the limitations of this chapter, provided all trees removed in excess of said limitations shall be replaced in accordance with the Tree Replacement Formula, and provided that all criteria for granting variances are met. 3. Tree Replacement Formula: Replacement of removed or disturbed trees in excess of the percentage allowed by this Ordinance shall be according to the following guidelines; A. F or development which exceeds the percentage of allowable removal of significant trees, all trees shall be replaced at the ratio of one-half caliper inch (112") per one caliper inch (1") removed. B. Whenever possible, required replacement trees shall be planted on the site being developed. If a development site cannot accommodate all the required replacement planting, or planting on the site being developed is 5 not possible or undesirable, replacement trees may also be planted on publicly owned or leased sites, such as parks, public lake accesses, boulevards. Planting on such sites shall be done at the discretion of the City. In the event that planting of replacement trees on the site being developed or publicly-owned or controlled sites is either not possible or desirable, Developers shall be required to pay cash in lieu of replacement trees at a ratio ($100.00) per caliper inch of excess tree removal. Cash received in lieu of replacement trees shall be placed in the Capital Improvement Fund of the City's Parks Department, and shall be dedicated to maintenance of the City's nursery stock and planting of trees on public property . C. Minimum sizes for replacement trees shall be: Deciduous - 2 1/2" caliper Coniferous - 6' in height D. Replacement trees shall be from balled and burlapped, certified nursery stock as defined and controlled by Minnesota Statutes Section 18.44 through 18.61, the Plant Pest Act. E. Replacement trees shall be covered by a minimum I-year guarantee. F. Replacement trees shall be of a species similar to other trees found on the site where removal has taken place, or shall be selected from the list of significant coniferous and deciduous trees found in the definitions of coniferous and deciduous trees at Section 6.16(E) of this Ordinance. Selection of replacement tree types for use on public sites shall be at the sole discretion of the City. 4. Application: Application for tree preservation plan approval shall be made in writing to the Zoning Officer. Information to be included in the application includes at least the following: 1. The name and address of the person or persons applying for the permit; 2. The name(s) and address(es) of the owner or owners of the land which is the subject of development; 3. The estimated time period during which any land alteration will occur; 4. A certificate of survey of the land on which the proposed land alteration is to occur showing the following; a) The location, size and elevation of building pads; b) The location of the existing significant trees to be saved and the location of protective tree fencing at the root zone of such trees; c) The location of replacement trees; (1) Drainage patterns. 5. A statement relating to the proposed use of the land including the type of building( s) or structure ( s) situated thereon or contemplated to be built thereon. 6 6. A tree inventory, certified by a Minnesota registered land surveyor, civil engineer, landscape architect, horticulturist or forester depicting: a) The size, species, condition and location on the land of all significant trees and designated specimen trees. Forest measurement methods may be used to calculate total diameter inches of trees when it has been determined (through the review of the plat map and other documents) that areas within the subject parcel of land, but outside of land to be altered/graded, will not be encroached upon. Such areas will be required to comply with all other requirements of this document including protective fencing procedures. 7. A tree preservation plan which shall include: a) A list of all significant trees which will be lost or adversely affected within the drip line, as opposed to the root zone, due to the proposed land alteration. b) The number, type, size and location of trees required to be replaced pursuant to this chapter. c) A plan drawing showing the number, type, size and location of replacement trees. d) Identification of the construction area. 5. Certification of Compliance with Approved Landscape Plan A. No earlier than one (1) year after acceptance of the tree preservation plan nor later than one (1) year after completion of the work contemplated by the plan, the Developer shall certify to the City that the plan has been complied with. This certification shall be made by a Minnesota registered land surveyor, civil engineer, landscape architect, horticulturist or forester. B. The City of Prior Lake may, at its option, hire a consultant to inspect, verify and advise the City on matters involving this Ordinance. Any and all costs incurred by the City in hiring a consultant shall be reimbursed by the Developer. 5. Warranty Requirement A. Sites of New Development. The Developer shall provide a financial guarantee, in a form satisfactory to the City, prior to the approval or issuance of any permit for land alteration. 1. The amount of the guarantee shall be 125% of the estimated cost to furnish and plant replacement trees. The estimated cost shall be provided by the Developer subject to approval by the City. The estimated cost shall be at least as much as the reasonable amount charged by nurseries for the furnishing and planting of replacement 7 trees. The City reserves the right in its sole discretion to determine the estimated cost in the event the Developer's estimated cost is not approved. 2. The security shall be maintained for at least one (1) 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 released by the City equal to 125% of the estimated cost of the replacement trees which are alive and healthy at the end of such year. Any portion of the security not entitled to be released at the end of the year shall be maintained and shall secure the Developer's obligation to remove and replant replacement trees which are not alive or are unhealthy at the end of such year and to replant missing trees. Upon completion of the replanting of such trees the entire security may be released. B. Previously Platted. Vacant Lots. For construction on previously platted, vacant lots, the developer shall provide a cash escrow in the amount five hundred dollars ($500.00) to guarantee compliance with the requirements of this Ordinance. Said security shall be released upon certification of compliance by the developer to the satisfaction of the City. Notwithstanding the foregoing, no portion of the security shall be released while there are unsatisfied Developer's obligations to indemnify the City for any expenses in enforcing the terms of this agreement. c. The City may retain from the security required in (A) and (B) above as reimbursement an amount expended by the City to enforce the provisions of this section. G. This Ordinance does not apply to dead and diseased trees. The City's diseased tree program is found in Title 8 of the City Code. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 16th day of January, 1996. ATTEST: Mayor City Manager Published in the Prior Lake American on the _ day of , 1 996. 8 Drafted By: The City of Prior Lake 16200 Eagle Creek Avenue Prior Lake, MN 55372 9 ~O'I-U..'3~d\Q9L-~S\ ::) aN3~31 ?~_?_/ :aUQ ~-=::a~ ~tE 0' tooStE uO!l:MS saln'_IS I\GsauU,w J-oun ..Io,(.a"..In. PUlt1 p.~.,S!&." .(Inp . .. I 1~1 pu. uo,S!AJ,odns A... .lapun .10, aw Aq paJeda...d I.. 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