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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. 2 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. 3 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.