HomeMy WebLinkAbout116-22 Tree Preservation
4646 Dakota Street SE
Prior Lake, MN 55372
CITY OF PRIOR LAKE
ORDINANCE NO. 116-22
AN ORDINANCE AMENDING CITY CODE SUBSECTION 1107.2100 (TREE PRESERVATION AND RESTORATION)
OF THE CITY OF PRIOR LAKE ZONING CODE
The City Council of the City of Prior Lake, Minnesota ordains:
1. City Code Section 1107, Subsection 1107.2103 is amended as follows:
(2) Deciduous Tree. Deciduous trees are considered to be significant at 6 diameter breast
height (DBH) inches or more. Species required to be surveyed are as follows:
Ash, Green
Ash, White
2. City Code Section 1107, Subsection 1107.2105 is amended as follows:
Tree Preservation Permit Process.
(1) Application. Application for approval of a tree preservation plan shall be made in writing to the
Zoning Administrator. This application may be made separately or may be included as part of a
development application. Information to be included in the application in cludes at least the
following:
a. A Tree Preservation Plan exhibiting a stamp/certification and signature of the certified
forester, arborist, or landscape architect.
.
3. City Code Section 1107.2015 (3) is hereby deleted in its entirety and replaced with the following:
Tree Replacement Formula. Replacement of removed or disturbed trees in excess of the percentage allowed by this
subsection shall be according to the following guidelines:
a. For development which exceeds the percentage of allowable removal of significant trees, all
trees shall be replaced at the ratio of 1/2 caliper inch per 1 dbh inch removed.
b. For each heritage tree saved, the developer may receive credit towards the required
replacement trees. This credit will be at a rate of 2 caliper inches for each 1 dbh inch saved.
To receive this credit, the applicant must demonstrate that extraordinary measures have
been taken to preserve the heritage trees that otherwise would not be saved.
c. The Community Development Director or his/her designee, in their sole discretion, may allow
a portion of the requirement for replacement trees to be satisfied through an approved
landscape plan that may include understory trees, shrubs, and landscape beds; however, in
any case, 80% of the required replacement trees shall be satisfied through overstory trees.
The overall landscape plan must be approved prior to construction of any lots within the
development. This option is at the discretion of the Community Development Director or
his/her designee.
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d. Required replacement trees shall be planted on private property on the site being developed.
If the applicant demonstrates to the satisfaction of the Community Development Director or
his/her designee that it is not practical or reasonable to plant all or some of the required
replacement trees on private property on the site, the applicant may meet the tree
replacement requirements through one or a combination of the following:
Trees may be planted on City owned or managed land on the site being developed as
approved by the Community Development Director or his/her designee; or
Trees may be planted on City owned or managed land off the site being developed as
approved by the Community Development Director or his/her designee; or
Trees may be planted on other private property within the City with permission of the
property owner developed as approved by the Community Development Director or
his/her designee. If a buffer area as defined by the natural resource corridor map is
on said property, replacement trees shall be planted in the buffer area first.
Upon request of the applicant, applicant may make a cash payment to City to be used
for planting of trees within the City or to subsidize trees sold to the City’s residents;
such payment shall be per caliper inch required as reflected in the current City of Prior
Lake fee schedule.
*the above listed options are listed in the order that the City of Prior Lake will consider
replacement.
e. Minimum sizes for replacement trees shall be:
Deciduous - 1 1/2" caliper or #20 container
Coniferous - 6 feet in height or #20 container
f. Replacement trees shall be from balled and burlapped, certified nursery stock as defined and
controlled by Minnesota Statutes §18.44 through 18.61, the Plant Pest Act, as may be
amended from time to time. Replacement trees may also be from bare root stock, provided
the trees are planted no later than May 15th, and the planting is inspected by the City.
g. Replacement trees shall be covered by a minimum 1-year guarantee.
h. 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 Public Works Design Manual. Selection of replacement tree types for use
on public sites shall be at the sole discretion of the City.
i. Where heritage trees have been removed, replacement trees shall consist of the same
species as the removed heritage tree, or a tree that has the same potential value as the
removed heritage tree. This value shall be certified by a certified forester or arborist. For the
purposes of this paragraph, value is defined as a species which has the same growth and
life potential as the removed tree.
j. New subdivision trees, as required by Subsection 1005.1000, may be counted towards
required replacement. New subdivision trees must meet the size requirements listed in
Subsection 1005.1001.
k. Replacement trees may be utilized to meet landscaping requirements if placement, species,
and location are consistent with necessary landscaping provisions.
4. 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 14th day of November, 2016.
ATTEST:
_________________________ __________________________
Frank Boyles, City Manager Kenneth L. Hedberg, Mayor
This Ordinance to be Published in the Prior Lake American on the 19th day of November, 2016.
CITY OF PRIOR LASE
ORDINANCE NO.116-22
AN ORDINANCE
AMENDING CITY CODE.
SUBSECTION 1107.2100
(TREE PRESERVATION AND
RESTORATION)OF THE
CITY OF PRIOR LAKE
ZONING CODE
The City Council of the City
of Prior Lake,Minnesota ordains:
1. City Code Section 1107,
Subsection 1107.2103 is amended
as follows:
(2) Deciduous Tree. Affidavit of Publication
'..
Deciduous trees are considered to
be significant at 6 diameter breast Southwest Newspapers
height (DBH) inches or more.
Species required to be surveyed
are as follows:)
Ash,Green State of Minnesota)
Ash,White 4
2. City Code Section 1107,1) )SS.
Subsection 1107.2105 is amended
as follows: county of Scott )
Tree Preservation Permit
Process.
(1) Application .
Application for approval of a�
tree preservation plan shall be Laurie A.Hartmann,being duly sworn,on oath says that she is the publisher or the authorized
made in writing to the Zoning'' agent of the publisher of the newspapers known as the Shakopee Valley News,Jordan Indepen-
Administrator. This application] dent Prior Lake American and Savage Pacer,and has full knowledge of the facts herein stated as
may bemade separately or maybe'; follows:
included as part of a development
application. Information to A These newspapers have complied with the requirements constituting qualification as a legal
be included in the application
includes at least the following: newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as
a..A Tree Preservation Plan' amended.
exhibiting a stamp/certificationi 0-
and signature of the certified' (B)The printed public notice that is attached to this Affidavit and identified as No. ` jj
forester, arborist, or landscape; was published on the date or dates and in the newspaper stated in the attached Notice and said
architect. Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
3. City Code Section the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both
1107.2015(3)is hereby deleted in; inclusive and is hereby acknowledged as being the kind and size of e used in the composition
its entirety and replaced with the � y g g �'p p
following: and publication of the Notice:
Tree Replacement Formula.
Replacement of removed or abcdefghijklmnopgrstuvwxyz
disturbed trees in excess of
the percentage allowed by this
f
subsection shall be according to
the following guidelines: Y
a. For development whichl Laurie A.Hartmann
exceeds the percentage of
allowable removal of significant;
trees,all trees shall be replaced at
the ratio of 1/2 caliper inch per 1'' Subscribed and sworn before me on
dbh inch removed.
b. For each heritage tree
saved,the developer may receive' F R
credit towards the required ��
replacement trees. This credit,' this day of ,f 2016
will be at a rate of 2 caliper;
inches for each 1 dbh inch �" �`' � `
saved. To receive this credit, k� � JYM M
the applicant must demonstrate
that extraordinary measures NOTARY PUBLIC M'NNES4TA
have been taken to preserve the Ct�pv4iSSiL iN�S pi�3;)fp
heritage trees that otherwise N a blic � s°�
would not be saved.
C, The Community,
Development Director or his/her;
designee,in their sole discretion,'
may'allow a portion of the
requirement for replacement RATE INFORMATION
to be satisfied through an
approved landscape plan that Lowest classified rate paid by commercial users for comparable space....$31.20 per column inch
may include understory trees,'
shrubs, and landscape beds; Maximum rate allowed by law for the above matter.................................$31.20 per column inch
however,in any case,'80%of the Rate actually charged for the above matter.............................................. $12.59 per column inch
required replacement trees shall
be satisfied through overstory
trees. The overall landscape'
plan must be approved prior to
construction of any lots within
the development.This option is at
the discretion of the Community
Development Director or his/her
designee.
d. Required replacement
trees shall be planted on private
property on the site being
developed. If the applicant
demonstrates to the satisfaction
of the Community Development'
Director or his/her designee that
it is not practical or reasonable to
Plant all or some of the required,
replacement,trees on private
-property on the site,the applicant
may meet the tree replacement
requirements through one or a
combination of the following:
' * Trees may be planted
on City-owned or managed land.
on the-site being developed as
approved by the Community
Development Director or his/herh. Replacement trees
designee;or shall be of a species similar to
* Trees may be planted other trees found on the site
on City owned or managed land j where removal has taken place,
off the site being developed as'' or shall be selected from the list
approved by the Community of significant coniferous and
Development Director or his/her deciduous trees found in the
designee;or public Works Design Manual.
* Trees may be planted Selection of replacement tree
on other private property within types for use on public sites shall
the City with permission of be at the sole discretion of the
the property owner developed, City
as approved by the.Community i. Where heritage trees
Development Director or his/ have been removed,replacement',
her designee.If a buffer area as trees shall consist of the same
defined by the natural resource' species'as the removed heritage,
corridor map is on said property' tree,or a tree that has the same
replacementtreesshallbeplanted' potential value as the removed',
in the buffer area first, heritage tree. This value shall
* Upon request of the' be certifiedby a certified forester
applicant,applicant may make a, or arborist. For the purposes of
cash payment to City to be used; thisaragraph,value is defined
for planting of trees within the as a species which has the same
City or to subsidize trees sold to-, growth and life potential as the
the City's residents;suchpayment removed tree.
shall be per caliper inch required . j, 'subdivision,;,
City as reflected in the current Cit of tree,as required by Subsection
Prior Lake fee schedule.
1005.1000,maybe counted towards
*the'above listed options required replacement. New
are listed in the order that the, subdivision'trees must meet
City of Prior Lake will consider` -`the size requirements listed in
replacement. Subsection 1005.100E
e. Minimum sizes fork. R e p'1 a c e m e n t
replacement trees shall be: trees may be utilized.to meet
* Deciduous - 1 1/2" -landscaping requirements if
caliper or#20 container I placement,species,and location
* Coniferous- 6 feet in are consistent with necessary;,
height or#20 container landscaping provisions.
f. Replacement trees shall 4 This-ordinance'sh'all
be from balled and burlapped, become effective from°and after
certified nursery stock as defined -its passage and publication.
and controlled by Minnesotaublished -in the Prior'
Statutes§18.44 through 18.61;the Lake'. American on Saturday,
PlantPest Act,as maybe amended November 19 2016•No 7833)
from time to time. Replacement
trees may also be from bare root
stock, provided the trees are
planted no later than May 15th,
and the planting is inspected by
the City.
g. Replacement trees shall
be covered by a minimum 1-year
guarantee.