HomeMy WebLinkAbout106-09 Tree Ordinance
16200 Eagle Creek Avenue S.E.
Prior Lake, MN 55372-1714
CITY OF PRIOR LAKE
ORDINANCE NO. 106-09
AN ORDINANCE AMENDING SECTIONS 1101.400, 1106, AND 1107.2100 OF THE PRIOR
LAKE CITY CODE
MOTION BY: DORNBUSH
SECOND BY: MILLAR
The City Council of the City of Prior Lake does hereby ordain that:
1. Section 1101.400 of the Prior Lake City Code is hereby amended to add the following
definition:
Heritage Trees. Any tree which has been determined to be of high value because of its
type, size, age or other professional criteria. The specific criteria for heritage trees are listed
in Section 1107.2103 (3) Ordinance.
2. Section 1106 of the Prior Lake City Code is hereby amended to add the following Section:
SECTION 11 06B
FLEXIBLE DEVELOPMENT IN AREAS WITH HIGH AND MODERATE QULAITY NATURAL
COMMUNITIES
11 06B.1 00: PURPOSE AND INTENT. As part of the Comprehensive Plan, the City of Prior Lake
has adopted a report titled "Natural Resources Inventory and Land Cover
Mapping" (prepared by Bonestroo Natural Resources, April, 2005). The report
classifies and maps the land cover of natural and semi-natural areas within the
City based on the Minnesota Land Cover Classification System (MLCCS),
Version 5.4. For areas identified in the "Natural Resources Inventory and Land
Cover Mapping Report" as High and Moderate Quality Natural Communities, a
developer may request approval of flexible development as part of the
preliminary plat application. The purpose of flexible development is to preserve
and protect the specified High and Moderate Quality Natural Communities.
Under this process, a developer may request modifications to the following
Zoning and Subdivision Ordinance requirements:
);> Right-of-way and street surface widths
);> Minimum lot areas
);> Minimum lot widths
);> Structure setbacks
In return for the modifications, the developer must prove that the specified High
and Moderate Quality Natural Communities will be undisturbed by the
development. As part of this approval, the City Council may also require
enhancement of the existing Natural Community. The flexible development
www.cityofprioriake.com
Phone 952.4474230 / Fax 952.4474245
process may not be used to increase permitted density or to allow uses or
dwelling types that would otherwise not be permitted in the district.
1106B.200 FINDINGS. The City Council finds that the City and its residents will benefit by
creating a process which will allow for greater flexibility in the development of a
parcel or property in areas with high or moderate quality natural communities.
Such benefits include, but are not limited to:
(1) Provides a flexible approach to development which is in harmony with the
purpose and intent of the City's Comprehensive Plan and Zoning Ordinance.
(2) More creative, efficient and effective use of land, open space and public facilities.
(3) Preserves and enhances desirable site characteristics and open space, and
protection of sensitive environmental features including, but not limited to, steep
slopes, wetlands, and trees.
(4) High quality of design compatible with surrounding land uses, including both
existing and planned.
1106B.300: ApPLICATION. Flexible Development may only be utilized in areas identified in
the "Natural Resources Inventory and Land Cover Mapping Report" (adopted
herein by reference) as High and Moderate Quality Natural Communities. The
permitted uses and densities within these districts in governed by the underlying
Use District. In Residential Use Districts, the allowable dwelling unit density may
not exceed the allowable density in the underlying use district. Flexible
Development is subject to all applicable requirements of the underlying use
district except as modified according to the provisions of subsection 11 06B.400.
1106B.400: MODIFICATIONS. As part of approval of flexible developments, modifications to the
following requirements of the underlying use district may be approved:
);> Right-of-way and street surface widths
);> Minimum lot areas
);> Minimum lot widths
);> Structure setbacks
Any modifications requested pursuant to this section shall be identified in the
initial application. Any modifications shall be consistent with the goals and
policies of the Comprehensive Plan and shall be approved upon a finding that the
modification does not significantly adversely affect surrounding properties. Such
modifications shall be approved as part of the preliminary plat and shall be
included in the resolution approving the preliminary plat and in the development
agreement required in subsection 11 06B.405 and 11 06B.500.
1106B.500 SUBMISSION REQUIREMENTS AND PROCEDURES. Developments under this
Section shall be proposed and considered according to the requirements of this
subsection.
1106B.401 Concept Plan. Before filing an application for approval of a Preliminary plat, the
applicant is encouraged to submit a Concept Plan for review and comment by the
City staff. Materials and information necessary for a Concept Plan include a map
2
showing the location and size of the property, and any preliminary plans
developed for the property. The applicant should be prepared to discuss the
following: Comprehensive Plan consistency, relationship of the proposed
development to the existing neighborhood, parks and open space, streets,
utilities, steep slopes, wetlands and environmentally sensitive issues, and
drainage and storm water management. The applicant may request a review of
the Concept Plan by the Planning Commission to obtain the Commission's
nonbinding comments on its merits.
1106B.402 Preliminary Plan. The preliminary plat plan provides an opportunity for the
applicant to submit a plan to the City showing the basic intent and the general
nature of the entire development.
1106B.403 Application for a Preliminary Plan. An application for a Preliminary Plan shall
include all of the following information:
(1) All information required for consideration and approval of a preliminary plat.
(2) A plan for development meeting all of the requirements of the Zoning and
Subdivision Ordinances, and a description of the impact of the conventional
development on the high or moderate quality natural environment.
(3) A list of the requested modifications, and a description of the justification for each
modification.
(4) A statement showing how the Flexible Development will meet the stated
purposes and objectives of this subsection.
1106B.404 Procedure for Approval of a Flexible Development Plan. An application for
Flexible Development shall be processed and administered in the same manner
as a preliminary plat, as outlined in Section 1002.200 of the Subdivision
Ordinance. Upon approval of a preliminary plat, the Developer shall file an
application for a final plat, as provided in the Subdivision Ordinance.
1106B.405 Resolution of Approval. The City Council shall adopt a resolution including
findings of fact for the basis of its decision.
1106B.500 DEVELOPMENT CONTRACT.
(1) Development Agreement. The City and developer of a Flexible Development
shall execute a Development Contract as part of the final plat which shall
incorporate the resolution approving the Flexible Development and all conditions
set forth in the resolution. The Development Contract shall require the developer
to provide an irrevocable letter of credit provided by a financial institution licensed
in the State of Minnesota. The form for the irrevocable letter of credit shall be
provided by the City. The irrevocable letter of credit must be approved by the
City. The letter of credit shall reference the Development Contract and be in an
amount sufficient to insure the provision or development of improvements called
for by the Development Contract.
(2) Operating and Maintenance Requirements for Common Areas. If certain
land areas or structures within the Flexible Development are designated for
3
common open areas, the owner(s) of such lands shall execute appropriate
documents in a form acceptable to the City which assure the continued operation
and maintenance of such areas or facilities. These common areas may be
placed under the ownership and control of the Landlord; or of Homeowners'
Association, if all of the following conditions are met:
);> The Homeowners' Association must be established prior to the sale of
any property in the PUD.
);> Membership must be mandatory for each owner and successive buyer.
);> The open space restrictions must be permanent.
);> The association must be responsible for liability insurance, taxes and
maintenance.
);> The landowner must pay its pro-rata share of an assessment levied by
the association and that share if unpaid must become a lien on the
property owned by the landowner.
);> The association must be able to adjust the assessment to meet changed
needs.
3. Section 1107.400 of the Prior Lake City Code is hereby amended to delete the section in its
entirety and to add the following language:
1107.2100: TREE PRESERVATION AND RESlORA liON
1107.2101
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 subsection has the following specific purposes:
);> Recognize and protect the natural environment consistent with the city's
mission statement and goals of the comprehensive plan through
preservation and protection of significant trees.
);> Promote protection of trees for the benefits provided, including beauty,
protection against wind and water erosion, enhancement of property
values, noise reduction, air quality, energy reduction, buffering, privacy
and natural habitats.
);> Establish requirements related to cutting, removal or destruction of
existing trees, especially significant trees.
);> Establish reasonable requirements for replacement of significant trees.
);> 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
);> To provide for the fair and effective enforcement of the regulations
contained herein.
1107.2102
Application. This Ordinance applies to the following sites in the City of Prior
Lake:
);> All new public or private development on either platted or unplatted
property.
4
);> New construction on vacant building sites on lots platted before January,
1996.
);> Redevelopment of sites platted prior to January, 1996, where existing
structures are removed or destroyed.
1107.2103 Acceptable Species.
(1) Coniferous Tree. Coniferous trees are considered to be "significant" for
purposes of this Ordinance at a height of 12 feet or more. Species of coniferous
trees required to be surveyed for tree preservation plan approval are as follows:
r-Arbo-rvitae (WhiteCed-ar).------
I Fir, Dou{:llas
I Fir, White
Hemlock, Canada (Eastern)
i Junipers
I Larch, Eastern (Tamarack)
I Larch, European
Pine, Austrian
I Pine, Eastern White
I Pine, Mugo
! Pine, Ponderosa
I Pine, Red (Norway)
Pine, scotch
Red Cedar, Eastern
Redwood, Dawn
Spruce, Black Hills
Spruce, Colorado Blue
Spruce, Norway
Spruce, White
l~2fuce, Japanese
- ----.---
I
I
-----'I
(2) Deciduous Tree. Deciduous trees are considered to be significant at 6
diameter breast height (DB H) inches or more. Species required to be
surveyed are as follows:
Ash, Green
Ash, White
Basswood
Beech, Blue
Birch, River
Canada Red Cherry, Shubert
Catalpa, Northern
Chokecherry, Amur
Chokecherry, Shubert's
Coffee-tree, Kentucky
Corktree, Amur
Crabapple (ornamental)
Dogwood, alternate-leafed
5
----~
I
rElm, Accolade
I Gink{:lo (Male trees)
I Hackberry
I Hawthorns
Hickory, Bitternut
Honeylocust, Imperial
Honeylocust, Skyline
Ironwood
Kentuckv Coffeetree
Lilac, Japanese tree
Linden, all varieties
Maple, all varieties
Mountain Ash, European and Showy
Mulberry, Red
Nannyberry
Oak, Burr
Oak, Chestnut
Oak, Northern Pin
Oak, Northern Red
Oak, Pin
Oak, Red
I Oak, Scarlet
I Oak, Swamp White
I Oak, White
I Plum, American and Canada
I Redbud, Eastern
I Serviceberry.
l Walnut, Black .
(3) Heritage Tree. Any tree on the above list, or on the list included in the City's
Public Works Design Manual, in fair or better condition which equals or exceeds
the following diameter size:
I Tree Type
I Large Hardwoods
I Large Coniferous
Tree Diameter Size
27" dbh.
24" dbh.
Examples
Oaks
Pine
a. A tree in fair or better condition must meet the following criteria:
);> A life expectancy of greater than 10 years.
);> A relatively sound and solid trunk with no extensive decay or hollow.
);> No major insect or pathological problem.
);> A lesser size tree can be considered a heritage tree if a certified
forester determines it is a rare or unusual species or of exceptional
quality.
);> A lesser size tree can be considered a heritage tree if it is specifically
used by a developer as a focal point in the project.
6
(4) Other Trees. Trees not included in the above species list may be included for credit
as part of the Tree Inventory subject to City approval and the following criteria:
);> A life expectancy of greater than 10 years.
);> A relatively sound and solid trunk with no extensive decay or hollow.
);> No major insect or pathological problem.
);> A certified forester determines it is a rare or unusual species or of
exceptional quality.
);> It is specifically used by a developer as a focal point in the project.
1107.2104 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.
(1) Prior to submittal of a preliminary plat application where there is impact to
trees, the applicant may meet with City staff to discuss alternative designs
for the development of a site. This meeting may also be part of a Concept
Plan review, permitted under Section 1002.100 of the City Code.
(2) Alternatives analysis: The following guidelines shall be considered when
developing or reviewing proposed development alternatives:
a. It is capable of being done from an engineering point of view;
b. It is in accordance with accepted engineering standards and
practices;
c. It is consistent with reasonable requirements of the public health,
safety, and welfare;
d. It is an environmentally preferable alternative based on a review of
social, economic, and environmental impacts; and
e. It would create no truly unusual problems.
f. Any plans reviewed by the City as part of this alternative analysis shall
be kept on file at the City.
(3) Determination of impact minimization. The applicant shall provide
justification that the preferred alternative will minimize impacts to trees.
The following guidelines shall be used:
a. The location of existing structural or natural features that may dictate
the placement or configuration of the project;
b. The sensitivity of the site design to the natural features of the site,
including topography, hydrology, existing vegetation, preservation of
7
natural vistas, and impacts on adjacent property. In cases of infill
development, consideration shall be placed on sensitivity to adjacent
properties;
c. The value, function, and spatial distribution of the trees on the site;
(4) Unavoidable impacts. Unavoidable impacts that remain after efforts to
minimize, rectify, or reduce require replacement according to Section
1107.2106 (3).
1107.2105 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 includes at least the following:
a. A Tree Preservation Plan exhibiting a stamp/certification and
signature of the certified forester or arborist. The Tree Preservation
Plan shall be prepared at the same scale as the proposed
development plan and shall show the following:
);> Survey location of all significant trees;
);> A significant tree summary sheet identifying the species of all
significant trees located on the map;
);> Identification of critical root zones extending from trees located on
adjacent tracts, including the location and species of the trees;
);> A table of area sizes for the following:
);> Existing site area, floodplain area, and forest area.
);> Proposed areas of tree retention.
);> Proposed areas of tree removal.
);> Proposed areas of reforestation and afforestation.
);> A graphic delineation of the following areas:
);> Proposed significant tree retention areas.
);> Proposed afforestation and reforestation areas.
);> Proposed limits of disturbance.
);> Steep slopes of twenty-five (25) percent or more;
);> Wetlands, including any required buffers;
);> Topographic contours and intervals;
);> Such other information that the City determines is necessary to
implement this chapter.
b. A simplified Tree Preservation Plan may be submitted where trees do
not currently exist on the site or where existing trees will not be cut,
cleared, or graded for the proposed development, and where
adequate tree protection devices and long-term agreements are
established for the protection of existing significant trees. This
simplified plan may be included on the "Existing Conditions Survey"
required as part of the preliminary plat.
(2) Allowable Tree Removal.
8
a. Following the concept plan review and alternative analysis, listed in
Section 1107.2104, significant trees may be destroyed without any
required replacement within the width of required easements for public
streets, utilities and storm water ponding areas.
b. In areas outside of the exempted areas listed in subsection (a), up to
35% of the total dbh inches of all significant trees may be removed
without replacement or restitution.
c. Vacant Lot Development on Lots Platted Prior to January, 1996.
On individual lots, up to 35% of the total dbh inches of all significant
trees may be removed for the installation of utilities, driveways and the
building pad without tree replacement or restitution.
d. Redevelopment of Lots Platted Prior to January, 1996, and
Developed Lots. On previously platted and developed lots, where the
structures have been removed or destroyed to more than 50% of the
current market value, up to 35% of the total dbh inches of all significant
trees may be removed for the installation of utilities, driveways and
building pads without tree replacement or resolution.
e. Significant trees in excess of the limitations of this Section may be
removed, provided all trees removed in excess of said limitations shall
be replaced in accordance with the Tree Replacement Formula.
(3) 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. Required replacement trees shall be planted on the site being
developed. The applicant may also request approval to plan
replacement trees on boulevards. Planting on such sites shall be done
at the discretion of the City.
d. Minimum sizes for replacement trees shall be:
);> Deciduous - 1 1/2" caliper
);> Coniferous - 6 feet in height
9
e. 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.
f. Replacement trees shall be covered by a minimum 1-year guarantee.
g. 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.
h. 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.
i. New subdivision trees, as required by Section 1005.1000, may be
counted towards required replacement. New subdivision trees must
meet the size requirements listed in Section 1005.1001.
(4) Certification of Compliance with Approved Landscape Plan. Upon
completion of the required landscaping, the Developer shall notify the City
and request an inspection of the work. Following the inspection, the City
shall notify the Developer that all work has been satisfactorily completed, or
what work is still required. The required warranty period outlined in Section
(5) below, shall begin on the date of the letter satisfactory completion
issued by the City.
a. The City of Prior Lake may, at its option, hire a consultant to 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, if not included within a Development Contract.
(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.
);> 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
10
discretion to determine the estimated cost in the event the
Developer's estimated cost is not approved.
);> The security shall be maintained for at least 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 vacant lots
platted prior to January, 1996, the developer shall provide a cash
escrow in the amount of $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. Redevelopment of Lots Platted Prior to January, 1996, and
Developed Lots. For construction on previously platted and developed
lots, the developer shall provide a cash escrow in the amount of
$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.
d. The City may retain from the security required in (a), (b) and (c) above
as reimbursement an amount expended by the City to enforce the
provisions of this section.
1107.2106 Entry on Private Property and Interference with Inspection. The City's
Zoning Administrator 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 Administrator or his/her agents while they are engaged in the
enforcement of this Section.
1107.2107 This Ordinance does not apply to dead and diseased trees. The City's diseased
tree program is found in City Code Section 602.
This ordinance shall become effective from and after its passage and publication.
11
Passed by the City Council of the City of Prior Lake this 20th day of November, 2006.
ATTEST:
City Manager ~ ~
erg: ct4a-rr-
Mayor
Published in the Prior Lake American on the 2nd day of December, 2006.
12