HomeMy WebLinkAbout96-04 Tree Ordinance
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 6.16 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 and 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
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 engIneenng 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, Black 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 virgini~a
Metasequoia glyptostroboides
Picea glauca den~ata
Picea pungens
Picea abies
Picea glauca
Taxus cuspidata
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Canopy - means the horizontal extension of a tree's brap.ches in all directions
from its trunk. i
Deciduous Tree - a woody plant having a defined crown, ~d which loses leaves
annually. Deciduous trees are considered to be signific~t at six caliper inches
(6") or more. Species required to be surveyed are as follo~s:
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
45. Plum, Canada
Scientific Name:
Fraxinus quadrangulata
Fraxinus pennsylvanica s bintegrerrima
Fraxinus pennsylvanica s bintegerrima "Summit"
Fraxinus americana
Carpinus caroliniana
Betula nigra
Prunus maacki
Prunus virginiana "Shube~"
Gymnocladus dioicus
Phellodendron amurense
Malus spp.
Cornus alternifolia
Ginko biloba
Celtis occidentalis
Crataegus spp.
Carya cordiformis
Gleditsia triacanthos "ImAerial"
Gleditsia triacanthus "Skyline"
Ostrya virginiana
Syringa amurensis japoniQa
Tilia cordata "Greenspire"
Tilia cordata I
Tilia x euchlora "Redmon~"
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. boreal~
Quercus palustris I
Quercus rubra I
Quercus coccinea I
Quercus bicolor
Quercus alba
Prunus americana
Prunus nigra
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46. Redbud, Eastern
47. Serviceberry
48. Tulip-tree
Cercis canadensis
Amelanchier spp.
Liriodendron tulipifera I
Developer - any person or legal entity who undertakes to improve a parcel of land
by platting, grading, installing utilities, or constructing any I building thereon.
Drip Line - The farthest distance away from the trunk of la tree that rain or dew
will fall directly to the ground from the leaves or branches ~f the tree.
Forester - a person holding at least a Bachelor' s degr~e in forestry from an
accredited four-year college of forestry.
Horticulturist - a person holding at least a Bachelor' s d~gree 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 inti1astructure 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 (1 00) cub~c yards of earth,
2. Any alteration of land of more than one foot froml 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 twe~ty (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 Mitmesota 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 tp.e drip line of a tree's
canopy.
Si~nificant Tree - A deciduous tree measuring 6 caliper incpes 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 ReqJlired: It is unlawful for any person to
engage in land alteration, plat and develop land, or build on previously platted,
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vacant lots within the City of Prior Lake without first apP~Ying 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 bp removed without tree
replacement or restitution for the following activities:
1. Grading of the road right-of-way.
2. Utilities installation, including sanitary sew~r, storm sewer, water,
natural gas, electric service, telephone serviJe, 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 25% of significant trees which m~y be removed without
replacement or restitution for the above-listed attivities, an additional
twenty-five percent (25%) of significant trees on, individual lots within
sites of new development may be removed w~thout replacement or
restitution for the installation of utilities, driveways land building pads.
B. Previously Platted. Vacant Lot Development: IOn individual lots, up
to twenty-five percent (25%) of the significant tre~s may be removed for
the installation of utilities, driveway and the bUijding pad without tree
replacement or restitution.
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Applications for variance from the provisions o( this section shall be
reviewed by the Board of Adjustment following thel procedures set forth in
Section 7.6 of the Zoning Ordinance. The Boattd of Adjustment may
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permit significant trees to be removed in excess of! the limitations of this
chapter, provided all trees removed in excess of s,id limitations shall be
replaced in accordance with the Tree Replacement IF ormula, and provided
that all criteria for granting variances are met.
3. Tree Replacement Formula: Replacement of remqved 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 o{ allowable removal of
significant trees, all trees exceeding the percentag~ of allowable removal
shall be replaced at the ratio of one-half caliper inch (1/2") per one caliper
inch (1 ") removed.
B. Whenever possible, required replacement trees shan be planted on the site
being developed. If a development site cannot accommodate all the
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required replacement planting, or planting on the ite being developed is
not possible or undesirable, replacement trees m y also be planted on
publicly owned or leased sites, such as parks, public lake accesses,
boulevards. Planting on such sites shall be done t the discretion of the
City. In the event that planting of replacement rees on the site being
developed or publicly-owned or controlled sites i either not possible or
desirable, Developers shall be required to pay cas in lieu of replacement
trees at a ratio ($100.00) per caliper inch of e cess tree removal.For
example, if a site has 100 caliper inches and 60 caliper inches are
removed, the Developer will be required to pay D r 10 caliper inches or
$1,000. Cash received in lieu of replacement tree shall be placed in the
Capital Improvement Fund of the City's Parks De artment, and used for
maintenance of the City's nursery stock and plan ing of trees on public
property.
C. Minimum sizes for replacement trees shall be: Deciduous - 2 1/2" caliper
Conlferous - 6' in height
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D. Replacement trees shall be from balled and burlapp~d, 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 ] -year guarantee.
F. Replacement trees shall be of a species similar to otper trees found on the
site where removal has taken place, or shall be seleqted 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 publi~ sites shall be at the
sole discretion of the City.
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4. Application: Application for tree preservation plan aPRroval shall be made in
writing to the Zoning Officer. Information to be inclufjed in the application
includes at least the following: i
A.
B.
The name and address of the person or persons appl~ing for the permit;
The name( s) and address( es) of the owner or owners of the land which is
the subject of development; :
The estimated time period during which any land alteration will occur;
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A certificate of survey of the land on which the proposed land alteration is
to occur showing the following;
1. The location, size and elevation of building fl ads;
2. The location of the existing significant tre s to be saved and the
location of protective tree fencing at the roo. zone of such trees;
3. The location of replacement trees;
a) Drainage patterns.
A statement relating to the proposed use of the land including the type of
building( s) or structure ( s) situated thereon or cOl!ltemplated to be built
thereon.
C.
D.
E.
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F. A tree inventory, certified by a Minnesota registe*d land surveyor, civil
engineer, landscape architect, horticulturist or forester depicting:
1. The size, species, condition and locatio on the land of all
significant trees and designated spec' en trees. Forest
measurement methods may be used to c lculate total diameter
inches of trees when it has been determined (through the review of
the plat map and other documents) that eas within the subject
parcel of land, but outside of land to be alt red/graded, will not be
encroached upon. Such areas will be requ' ed to comply with all
other requirements of this document inclu ing protective fencing
procedures.
G. A tree preservation plan which shall include: ,
1. A list of all significant trees which willi be lost or adversely
affected within the drip line, as opposed to t~e root zone, due to the
proposed land alteration. .
2. The number, type, size and location of trees Irequired to be replaced
pursuant to this chapter. I
3. A plan drawing showing the number, typ~, size and location of
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replacement trees.
4. Identification of the construction area.
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5. Certification of Compliance with Approved Landscape f.laD
B.
No earlier than one (1) year after acceptance of th1 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 . hat the plan has been
complied with. This certification shall be made by : a Minnesota registered
land surveyor, civil engineer, landscape architect, h<l>rticulturist or forester.
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.
A.
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
trees. The City reserves the right in its sole discretion to determine
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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.
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Passed by the City Council of the City of Prior Lake this ~day of Januar~ 1996.
ATTEST:
~/~~ ~ ~-'~~
Mayor
Publis
n the Prior Lake Alnerican on the 3:!.... day of January
, 1996.
Drafted By:
The City of Prior Lake
16200 Eagle Creek Avenue
Prior Lake, MN 55372
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