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HomeMy WebLinkAbout8E - Tree Preservation Ord. ., STAFF AGENDA REPORT DATE: 8E R. MICHAEL LEEK, ASSOCIATE PLANNER PROVIDE DIRECTION TO PLANNING REGARDING THE PREPARATION OF A PRESERVATION ORDINANCE OCTOBER 2, 1995 STAFF TREE AGENDA # PREPARED BY: SUBJECT: INTRODUCTION: 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 preservation 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. This report is intended to give the City Council an overview of the possible approaches to a tree preservation ordinance and program, highlight critical issues or problems which should be addressed in designing an ordinance and program for the City of Prior Lake, and an overview of the ordinance draft which had previously been prepared. Much of the background material is culled from, or based on information from the American Planning Association's Planning Advisory Service publications. DISCUSSION: The Value of Trees and Woodlands One of the first and most vital steps to be taken in designing a community's tree preservation efforts is to identify the community's reason or reasons for wanting to preserve its trees and woodlands. The following is a brief listing of the benefits associated with trees and woodlands; * Provide visual scale and continuity to the physical environment of the community; * Provide visual screening between individual properties, disparate uses or relatively undesirable physical elements; * Moderate climatological factors such as heat and wind (this in turn can result in significant energy conservation); * Play an important role in preventing or reducing soil erosion, water and air pollution; * Provide noise buffers. * Increase property values because of the factors identified above. The City's most readily identifiable feature and resource is, of course, Prior Lake. It's shores have long been, and continue to be, attractive 16200 EHg'Irremek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER locations for quality residential development. In addition to Prior Lake, the City is dotted with several smaller lakes and numerous wetland areas. These lakes and wetlands, along with the woodland areas associated with them, are important resources in preserving the City's environmental quality. At the same time, they are amenities which make areas of the City potentially very attractive for high quality development. In other words they provide a sense of space and place, visual continuity, visual screening and noise buffering which is highly prized in the market place. For the reasons stated above, a tree preservation ordinance and program for the City of Prior Lake should focus on the preservation of environmental values represented by the City's trees and woodlands. At the same time, such an ordinance and program should encourage developers to incorporate the natural landscape into their plans. This should have the dual impact of the creation of higher value developments which in turn add to the City's visual and aesthetic continuity . Approaches to Tree Preservation Tree preservation ordinances generally take one of three approaches; 1. Tree preservation ordinances, 2. Timber harvesting ordinances, and 3. Woodland protection ordinances. Tree preservation ordinances are generally concerned with preserving as many street and yard trees as possible. Such ordinances set standards for tree preservation and replacement, and may require permits for the cutting of mature trees. Many communities, both nationally and in the Twin Cities Metropolitan Area, have taken this approach. Timber harvesting ordinances are intended to regulate the impacts of commercial forestry, especially in urbanizing areas. This approach is not germane to the issues facing the City of Prior Lake. Woodland protection ordinances seek to protect the ecology of sensitive woodland areas. Staff is unaware of any communities which have adopted a woodland protection ordinance. Note should be taken, however, of the recent passage in the City of Maple Grove of a referendum to finance the acquisition of about 100 acres of prime, wooded developable acreage for preservation. Metropolitan Area Ordinances Planning Staff previously surveyed and obtained copies of ordinances from the following eight Metropolitan Area communities; Apple Valley Eagan Eden Prairie Inver Grove Heights 2 TREEPRES.DOC lakeville Lino lakes Maple Grove Plymouth All of the ordinances provided by these communities are of the "tree preservation" type. They vary in their definition of "significant trees", the areas of the city to which they apply, the percentages of trees which may be lost or must be preserved, and the mechanism by which they are enforced. I have not included copies of these ordinances with this report in the interest of space. Copies of these ordinances are available in the planning office for Council review. ISSUES: Following are some of issues the city council should address in order for the staff to complete final preparation of the ordinance. 1. Definition of Significant Trees The Ordinances surveyed varied in their definitions from 6" - 12" in diameter for deciduous trees, and 8' to 12' feet in height for coniferous trees. The most common dimension for deciduous and coniferous trees was 8" in diameter and 12' in height respectively. Are these appropriate for Prior lake? 2. Application of Tree Replacement requirements Many of the ordinances surveyed apply such requirements to the entire city based upon the definitions of "land alteration" contained in the Ordinance. In short, they apply to both new and existing development. Alternatives which the City Council could consider for application of a tree preservation ordinance include; 1. Application to new development and existing land alteration in the entire City. 2. Application to new development only. 3. Establishment of overlay preservation zones (e.g. In and around the City's lakes and major wetlands. A second issue related to application is the species and size of trees permitted as replacement for lost trees. The City's current list is not very extensive, and the City Council may wish to have staff review it. 3. Replacement Tree Species and Size: Most ordinances reviewed provide for a minimum tree replacement size of about 3" for deciduous trees and 6'-7' for coniferous trees. Typical, allowable species included are identified in the attached draft ordinance provided for the City Council's information. The Council should advise staff as to whether or not these size requirements are acceptable, and whether additional tree species should be considered. 4. Enforcement TREEPRESDOC 3 ACTION REQUIRED: REVIEWED BY: TREEPRES.DOC The basic options available are 1) to make the Ordinance self- enforcing or 2) to provide for city inspection and enforcement. Among the communities surveyed, most provided some city enforcement. In many cases those responsibilities were combined with other responsibilities such as parks and recreation or maintenance. Other approaches involved hiring consultants to review plans, and in at least one case, the city no longer followed its ordinance. Were the City to adopt a self-enforcing approach it would require that site plans be prepared by qualified professionals either retained by the City or hired by the developers. Builders and developers would certify to the City that they had complied with approved site plans once construction is complete. This approach involves the least cost to the City in terms of staff time. Is this the most appropriate initial approach for the City to take? Previous Draft Ordinance In 1994, a draft ordinance was prepared by previous Planning Staff. A copy of this draft ordinance is attached to this report in order to give the Council additional background information. This draft ordinance is not presented as a draft for the Council to consider for adoption. The draft ordinance would have applied to 1) all new development sites, 2) all new construction sites, and 3) all sites where a City issued grading permit would be required. Significant species were identified, and 8" and 12' were established as the measures for significant deciduous and coniferous trees, respectively. Replacement sizes specified were 2.5" in width and 6' in height or 1.5" in width or 4', depending on which of 2 categories fell into. The draft ordinance provided for City inspection, to be carried out either by staff or a consultant hired by the City. Any costs incurred by hiring a consultant were to have been defrayed by developers. The draft ordinance also required filing of security at the rate of 150% of the estimated cost of furnishing and planting replacement trees. A motion setting forth the direction which the City Council wishes to take relative to the issues identified above, or any other issues, and directing Staff to prepare a draft ordinance consistent with those wishes. 4 c:.-'J)Jlcnt Ulct / e/31J/tJi TREERO TREE REPLACEMENT ORDINANCE INTENT AND OBJECTIVE 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. Trees save energy, cut pollution, raise property values, and enhance the quality of life of Prior Lake's residents by their presence and beauty. ' In the interest of achieving these objectives, the City of Prior Lake has established a comprehensive Tree Replacement Ordinance relating to the: . Protection and preservation of the environment and natural beauty of the City; . Assurance of orderly development within wooded areas to minimize tree and habitat loss through the use of good design; . Enforcement of the Tree Replacement Ordinance to promote and protect the health, safety, and welfare of the community. APPLICATION These guidelines shall apply to the following sites in the City of Prior Lake: 1.) All sites of new development 2.) All sites of new building construction 3.) All sites for which an application for a City grading permit is being made. DEFINITIONS Caliper Inches - the length, in inches, of a straight line measured through the trunk of a tree, 4.5 feet above the ground. Coniferous Tree - a woody plant which is considered to be significant at the height of twelve feet (12') or more, having foliage on the outermost portion of the branches year-round. Species required to be surveyed are as follows: . Significant Coniferous Species: Common Name: Scientific Name: 1. Arborvitae (White Cedar) Thuja spp. 2. Fir, Douglas Pseudotsuga menziesii glauca 3. Fir, White Abies concolor 4. Hemlock, Canada (Eastern) Tsuga canadensis 5. Junipers Juniperus spp. 6. Larch, Eastern (Tamarack) Larix laricina 7. Larch, European Larix decidua 8. Pine, Austrian Pinus nigra 9. Pine, Eastern White Pinus strobus 10. Pine, Mugo Pinus montana 11. Pine, Ponderosa Pinus ponerosa 12. Pine, Red (Norway) Pinus resinosa 13. Pine, scotch Pinus sylvestris 14. Redcedar, Eastern Juniperus virginiana 15. Redwood, Dawn Metasequoia glyptostroboides 16. Spruce, Blackhills Picea glauca densata 17. Spruce, Colorado Blue Picea pun gens 18. Spruce, Norway Picea abies 19. Spruce, White Picea glauca 20. Yew, Japanese Taxus cuspidata * The City of Prior Lake, if deemed appropriate, may require that species not on this list be surveyed. 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 site preparation, grading, building construction, or any other construction process. Deciduous~ High Value Tree - a woody plant which is considered to be significant at eight caliper inches (8") or more, having a defined crown, and which loses leaves annually. Species required to be surveyed are as follows: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. Significant Deciduous High Value Species: Common Name: Ash, Blue Ash, Marshall Seedless Ash, Summit Ash, White Beech, Blue Birch, River Chokecherry,Axnur Chokecherry, Shubert's Coffee-tree, Kentucky Corktree, amur Crabapples (ornamental) Dogwood, alternate-leaved Ginko (male trees) Hackberry Hawthorns Flickory,Bitternut Honeylocust, Imperial Honeylocust, Skyline Ironwood Lilac, Japanese tree Linden, Greenspire Linden, Littleleaf Linden, Redmond Maple, Amur Maple, Black Maple, Mountain Maple, Norway & Cultivars Maple, Red & Cultivars Maple, Sugar Maple, Tatarian Scientific Name: Fraxinus quadrangulata Fraxinus pennsylvanica subintegerrima 'Marshall Seedless' Fraxinus pennsylvanica subintegerrima 'Summit' Fraxinus americana Carpinus caroliniana Betula nigra Prunus maacki Prunus virginiana 'Shubert' Gymnoc1adus dioicus Phellodendron amurense Malus spp. Cornus alternifolia Ginko biloba Celtis occidentalis Crataegus spp. Carya cordiformis 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 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. * Mountain Ash, European Sorbus aucuparia Mountain Ash, Showy Sorbus decora Mulberry, Red Moros rubra N annyberry Viburnum lentago Oak, Bur Quercus macrocarpa Oak, Chestnut Quercus muhlenbergii Oak, Northern Pin Quercus ellipsoidalis Oak, Northern Red Quercus rubra var. borealis Oak, Pin Quercus palustris Oak, Red Quercus rubra Oak, Scarlet Quercus coccinea Oak, Swamp White Quercus bicolor Oak, White Quercus alba Plum, American Prunus american a Plum, Canada Prunus nigra Redbud, Eastern Cercis canadensis Serviceberry Amelanchier spp. Tulip-tree Liriodendron tulipifera The City of Prior Lake, if deemed appropriate, may require that species not on this list be surveyed. Deciduous. Lower Value Trees - a woody plant which is considered to be significant at twelve caliper inches (12") or more, having a defined crown, and which loses leaves annually. Species required to be surveyed are as follows: Significant Deciduous Lower Value Species: Common Name: Scientific Name: Ash, Green Fraxinus pennsylvanica Birch, Cutleaf European Betula pendulata gracilis Birch, European Weeping Betula pendula Birch, European White Betula pendulata Birch, Gray Betual populifoia Birch, Heart-leaf Betula cordifolia Birch, Paper (white) Betula papyrifera Birch, Yellow Betula alleghaniensis Buckeye, Ohio Aesculus glabra Cherry, Pin Prunus pennsylvanica Cucumbertree Magnolia acuminata Honeylocust, Thornless & Cultivars Gleditsia tracanthos inermis Horsechestnut, Common Aesculus hippocastanum Linden, American (Basswood) Tilia americana Mountain Ash, American Sorbus americana Oak, Black Quercus velutina Poplar, Balsam Populus balsamifera Sumac, Staghorn Rhus typhina Walnut, Black Juglans nigra The City of Prior Lake, if deemed appropriate, may require that species not on this list be surveyed. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. * Developer - any person or 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. (The root zone actually extends 2 to 3 times the height of trees growing at the edge of wooded areas or out in the open.) Forester - person holding a Bachelor's degree in forestry from an accredited four-year college of forestry. Land Alteration - any excavating, grading, clearing, filling or other earth change which may result in the movement of more than 100 cubic yards of earth, or any alteration of land of more than one foot from the natural contour of the ground on any contiguous 200 square feet of ground, any cutting, removal or killing of more than 10% of the significant trees on any land within a period of five years, or any destruction or disruption of vegetation covering an area equal to or greater than 10% of any parcel of land, or any other significant change in the natural character of the land Landscape Architect - a person licensed by the State of Minnesota as a Landscape Architect. Nurseryman - a person licensed by the State of Minnesota as a Nurseryman. Significant Tree - a healthy tree measuring a minimum of eight caliper inches (8") for high value deciduous trees, a minimum of twelve caliper inches (12") for lower value deciduous trees, and a minimum of twelve feet (12') in height for coniferous/evergreen trees. Significant Woodland - a grouping or cluster of coniferous and/or deciduous trees, occupying 500 or more square feet of property, which are comprised predominantly of a single species of deciduous trees between four and twelve caliper inches (4" - 12"), or coniferous trees between four and twelve feet (4' - 12') in height. DEVELOPMENTS Unless otherwise determined by the City, the following process for replacing trees shall be required for: . New building construction in any zoning district . Any existing residential, commercial, industrial, or institutional building to be expanded by 10% or greater in square feet . Any site for which application for a City grading permit is being made PROCESS TO BE FOLLOWED The Developer will retain a Forester, Landscape Architect, or Nurseryman to provide: 1. A general overview/description in map and written narrative of the site in the following areas: A.) Tree Species B.) Size in acres of the vegetative region(s) C.) Density (number of significant trees) within the vegetative region(s) D.) Average caliper inches (significant high and lower value deciduous species) and average height (significant coniferous species) of the trees E.) Health condition of the significant trees 2. A survey of the significant trees (outlined in Section ?) must be submitted. Specific information relative to the quality and quantity of material to be submitted shall be in accordance with details on file in the office of the City Planner. 3. The Developer shall install active protective tree fencing along the outer edge of and completely surrounding the critical root zones of all significant trees, or otherwise designated tree protective zones, prior to any land disturbance. These fences will be a minimum four (4') feet high. Passive forms of tree protection may be utilized to delineate tree save areas which are emote from areas of land disturbance. These areas must be completely surrounded with continuous rope or flagging (heavy mil - minimum 4" wide). All tree protection zones shall be designated as such with "Tree Save Area" signs posted visibly on all sides of the fenced area. These signs are in tended to inform subcontractors of the tree protection process. Signs requesting subcontractor cooperation and compliance with tree protection standards are recommended for site entrances. All tree fencing barriers must be installed prior to and maintained throughout land disturbance process and building construction, and should not be removed until landscaping is installed. SIGNIFICANT TREES WILL BE CONSIDERED LOST AS A RESULT OF 1.) Grade change or land alteration, whether temporary or permanent, of greater than one (1) foot measured vertically, affecting 60% (as measured on a horizontal plane) or more of the tree's root zone 2.) Utility construction (i.e. sewer, water, storm sewer, gas, electric, telephone, and cable TV) resulting in the cutting of 60% or more of the tree's roots, wi thin the root zone 3.) Mechanical injury to the trunk of a significant tree causing loss of more than 40% of the bark 4.) Compaction to a depth of 6 inches or more of 60% or more of the surface of the soil, within the tree's root zone SIGNIFICANT TREE REPLACElVIENT The Developer shall replace all significant live trees and woodlands which were lost, as well as those trees that were anticipated to be saved, but were ultimately destroyed or damaged. These replacement trees shall be in addition to any other landscape requirements of the City of Prior Lake. Where replacement of a significant tree is required, the Developer shall be responsible for furnishing and installing the number and size of balled and burlapped tree(s) identified in Category A or Category B, of the following schedule: SIZE OF TREE LOST: NUMBER OF REPLACEMENT TREES: 1. Category A Category B Coniferous: A.) 12 to 23.9 feet high 2 4 B.) 24 feet or higher 4 8 High Value Deciduous: A.) 8 to 19.9 caliper inches 2 4 B.) greater than 20 caliper inches 4 8 Lower Value Deciduous: A.) 12 to 23.9 caliper inches 2 4 B.) greater than 24 caliper inches 4 8 2.) 3.) SIZE OF REPLACEMENT TREES Categorv A balled and burlapped trees shall be no less than the following sizes: Deciduous Trees - Not less than 2 1/2 caliper inches Coniferous Trees - Not less than 6 feet in height Categorv B balled and burlapped trees shall be no less than the following sizes: Deciduous Trees - Not less than 11/2 caliper inches Coniferous Trees - Not less than 4 feet in height SIGNIFICANT WOODLAND REPLACEMENT Where replacement of a Significant Woodland is required, the Developer shall be responsible for furnishing and installing one (1) Category A replacement tree or two (2) Category B replacement trees for every 250 square feet of Significant Woodland damaged or destroyed, or any increment thereof. SPECIES REQUIRE:MENT Replacement trees shall consist of balled and burlapped species listed within Section.l - Significant Coniferous Species, and Section:L. - Significant Deciduous Species. Where ten or more replacement trees are required, not more than 50% of the replacement trees shall be of the same type of tree without the approval of the City Planning Director. The Developer shall consult his Forester, Landscape Architect, or Nurseryman to determine which replacement species are well suited to each specific site location. REPLACEMENT LOCATION Replacement trees shall be planted on the subject property. If for some reason, all the replacement trees cannot be planted on the subject property, those remaining to be planted shall be located on other property owned by the Developer located within the City of Prior Lake, or on property owned by the City of Prior Lake. The Planning Department shall determine which of the City's property the replacement trees will be located within, as well as the placement of the replacement trees. INSPECTION SERVICES The City of Prior Lake has the option to hire a consultant to inspect, verify, and advise the City on matters involving this Tree Replacement Ordinance. All costs for such developments will be born by the developer. WARRANTY REQUIREMENT The Developer shall provide a financial guarantee prior to the approval or issuance of a permit for land alteration. This guarantee will provide security for the significant trees that are required to be replaced within the area that the grading permit is being applied for. The financial guarantee and written agreement will state that the Developer will comply with the provisions of this Tree Preservation Ordinance, and shall further indemnify the City against any loss, cost or expense (including a reasonable amount for attorney fees). This financial guarantee for the performance of its obligations may consist of a bond, letter of credit, cash, or escrow deposit, as shall be approved by the City Manager. The amount of the financial guarantee shall be 150% of the estimated cost to furnish and plant the replacement trees within the area the grading permit is being applied for. The estimated cost shall be at least as much as the reasonable amount charged by nurseries for the furnishing and planting of the replacement trees. The estimated cost shall be provided by the Developer, subject to the approval bv the City. In the event the estimated cost submitted by the Developer to the City is not approved by the City, the City shall have the right in its sole discretion to determine the estimated cost. The security shall be maintained at least for 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 150% 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 such 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. Notwithstanding the foregoing, no portion of the security shall be released while there is unsatisfied Developer's obligations to indemnify the City for any expenses incurred in enforcing the terms of this agreement. POLICY OF FILE AT OFFICE OF CITY PLANNER SPECIFIC INFORMATION RELATIVE TO THE QUALITY AND QUANTITY OF MATERIAL TO BE SUBMITTED 1.) A table must accompany the maps that will reference an identification number for each tree with its species, size, and location lot and block or northerly easterly elevation?? - ask engineers MAPs: Each map must show the tree's identification number and a symbol representing the type of tree. A legend must also be submitted showing what species the symbol represents. If the significant tree cover is dense, it may be necessary to divide the parcel up into sectioIls, at a smaller scale, in order for the maps to be legible. Each of the required maps to be submitted should be at the same scale. 2.) MAP #1: Existing topography and significant trees 3.) MAP #2: The individual lots and blocks a delineation of all areas to be graded and the limits of the land disturbance showing changes greater than 1 foot, and the delineation of the buildings, structures, utility lines, or impervious surfaces situated thereon or contemplated to be built thereon must be shown. 4.) MAP #3: Significant Trees which have been preserved, as well as the species, size, and location of all replacement trees to be planted on the property in accordance with Section ??, Tree Replacement. THOSE SIGNIFICANT TREES WHICH ARE ANTICIPATED TO BE LOST FOR ANY REASON MUST BE CLEARLY IDENTIFIED IN MAP #2 AND MAP #3.