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HomeMy WebLinkAboutItem 1B Tree Preservation Ordinance ~ ~HILLS MEMORANDUM DATE: October 22, 2007 CC Agenda Item l.B TO: City Council FROM: Meagan Beekman, Planner I SUBJECT: Tree Preservation Ordinance City of Arden Hills ATTACHMENTS: !B-1 !B-2 !B-3 !B-4 Current City of Arden Hills Landscape Plan Requirements Current City of Woodbury Protection of Woodlands Requirements Current City of Forest Lake Woodland Preservation Regulations Star Tribune Article and Proposed Minnetonka Tree Preservation Ordinance Requested Action Review the tree preservation information contained herein. The City Council is being asked to discuss what the goals of a tree preservation ordinance should be as well as potential impacts on the environment and property owners. Staff is requesting further direction on determining the scope of a new tree preservation ordinance. Backl!round Staff has been directed by the Planning Commission and City Council to examine the current zoning code regarding tree preservation. Staff was asked to work on an ordinance that would address tree preservation for new development, redevelopment, and subdivisions within the city. In response to this request, staff has examined a number of tree preservation ordinances throughout the metropolitan area. In addition, local and national sources have been consulted that offer potential best practices on developing a tree preservation ordinance. As a result of this initial research, it has become clear that there is no single way to initiate a tree preservation ordinance, and the scope, goals, and methods of achieving tree preservation goals vary greatly from community to community. City of Arden Hills City Council Work Session for October 22, 2007 \\AhdocsllAH1AHdatalPlanningIPlanning Cases\2007\OX-OXXTree Preservation Ordinance\102207 - CC Work Session - Tree Preservation. doc Page 1 of6 Since there are a number of tree preservation regulation methods, the goals of a new ordinance must be firmly defined so that the purpose of the regulations is clear. Staff requests direction on what the priorities ofthe city should be regarding tree preservation in order to determine what, if any, incentives should be built into the new ordinance Once the goals and priorities of the tree preservation ordinance are set, Staff will prepare additional information and optional code language for review. Staff will also consult with the Parks, Trails, and Recreation Committee to gather their input. Due to the complexity of preparing tree preservation regulations, this process will likely take more than one meeting and will be an iterative process. Tree Preservation The potential impact of a tree preservation ordinance is great. It can be written to regulate only the most extreme and largest redevelopments within the city, but it also has the potential to shape every redevelopment within the city. The benefits of a well written tree preservation ordinance can also be great. It has the potential to preserve open space, protect woodland areas, encourage responsible land redevelopment, and protect the beauty of the natural landscape of a community. However, a poorly written or misguided tree preservation ordinance can be cumbersome, difficult to enforce, and unintentionally overwhelming for even small projects. If not crafted to meet the goals of the City, the tree preservation could increase the complexity of many proj ects without producing a clear and beneficial outcome. The ordinance can also add cost to proj ects for the City review and for property owners. The following discussion should address both the economic and physical constraints of construction on wooded lots as well as the benefits of established trees in our community. Goals Determining the goals and scope is an important part of developing this ordinance. It will flavor the outcome of the regulations. For example, if the goal is tree preservation over tree replacement, then an outcome might be a regulation that requires new development to impact as few trees as possible during planning and construction. However, this regulation can affect the location, size, scope, and economics of a proj ect. The city might put in place incentives to encourage tree preservation and help with the cost of development, such as height bonuses and setback reductions for significant trees saved, or reduced landscaping requirements in return for preserved trees. These potential goals of a tree preservation or replacement ordinance are as follows: City of Arden Hills City Council Work Session for October 22, 2007 \\AhdocslIAHlAHdata\P/anning\Planning Cases\2007\OX-OXX Tree Preservation Ordinancel102207 - CC Work Session - Tree Preservation.doc Page 2 of6 . Reducing tree loss during redevelopment . Reducing damage to standing trees during construction . Providing replacement of trees lost during construction · Providing for planting trees where none occurred previously · Providing for maintenance of preserved trees after construction is complete . Reducing tree loss with new plats and minor subdivisions This list is far from exhaustive and the goals are not mutually exclusive; however, this is meant to be a starting point for further discussion. The above goals could apply to residential properties, commercial/industrial properties, or both. As discussed in the scope section of this report, it would be helpful to determine if one or both types of properties should be included. Scope The scope of the ordinance, and the policies that will accompany it, will set the tone and determine how much regulation a local authority desires to assert over the protection and/or preservation of its forest resource. The scope of this tree preservation ordinance is likely to include commercial, industrial, large- scale residential developments, and subdivisions submitted after the date of adoption of the ordinance. It could also include building additions, construction on individual residential lots, or any other project that requires a grading or building permit from the city. The scope and extent to which the ordinance affects development is up to the Council. Many tree preservation ordinances also affect other types ofprojects: . single and two-family lots, . parking lot expansions beyond a certain percent, . building additions, . a large amount of on-site grading above a certain percent, . building footprint expansions, . or any other proj ect that increases the impervious surface of a lot above a certain percent. Regardless of scope, a tree survey will be required for those projects which are determined to fall under the purview of the new ordinance. This survey must identify the significant or high priority trees on the site, their sizes, root zone, and species. In addition to identifYing which properties will be affected by the tree preservation ordinance, this code must also indicate the level of regulation to be undertaken, the extent to which lost trees must be mitigated or replaced, and penalties for not complying with the regulations. Tree preservation ordinances can be developed to coincide with current zoning or property subdivision regulations in the form oflandscape requirements. They can be very simple or complex in their scope. For example, a simple ordinance may stipulate that the cutting of any tree larger than a certain diameter can be done only by permit and must be within a designated City of Arden Hills City Council Work Session for October 22, 2007 llAhdocsl\AHIAHdatalPlanninglPlanning Cases\2007\OX-OXXTree Preservation Ordinancel102207 - CC Work Session - Tree Preservation. doc Page 3 of6 Tree Survey construction area. A complex ordinance, on the other hand, may include formulas to determine percentage of tree loss, prioritize different sizes and clumps of trees, and regulate the mitigation of the trees lost during construction with a specified number and species of newly planted trees. ReQuirements The first step in regulating tree preservation and replacement is determining what trees are present and what percentage are being impacted by a proposed project. Communities that have a tree preservation ordinance also require that submitted plans include a tree survey. This is essential in determining if the project will fall under the purview of the tree preservation and replacement regulations. For single-family and two-family redevelopment projects, this survey could be in the form of an informal sketch on an aerial photograph or drawing, or it could require a certified survey of trees from a licensed forester. In general, a tree survey would include only the significant trees on the lot and any large clumps of insignificant trees. It would also need to include an identification of the type and size of any significant trees on the lot. Some ordinances also require that any trees that were damaged from unnatural means within the last two years be included on the survey as if they were still present. Preservation The heart of the ordinance should be the preservation of trees. There are many variations to the intent of tree preservation, but the bottom line becomes what you want to preserve. This often becomes an issue of just how many trees make up a woodland. Some ordinances will list a percentage of trees lost versus the total trees remaining in the form of a tolerance barometer. For example, if more than 10 percent ofthe trees are removed by a development, then the preservation ordinance would be triggered, and a tree survey and preservation/replacement plan would have to be submitted for approval. Another approach is to specify that the forest left following development will be similar to the one existing before the project was completed, i.e., if 15 percent of the trees on the site were larger than 24 inches, then trees this size should make up 15 percent ofthe trees remaining after construction. The intent of this provision is to have a woodland of similar size distribution after development, thereby preserving the character of the woods. Currently, the City of Minnetonka has placed a moratorium on all development within the City while they reexamine several ordinances regarding the natural environment, including tree preservation ordinances. While staff is not advocating for a development moratorium at this time, they have drafted unique tree preservation ordinance that distinguishes between significant trees and high priority trees. Their ordinance allows cutting of significant trees within a certain construction and grading zone without any replacement, but cutting high priority trees any where on the site or significant trees outside of the construction zone requires stringent replacement. City of Arden Hills City Council Work Session for October 22, 2007 \\AhdocsJ\AHlAHdataIPlanninglPlanning Cases\2007\OX-OXX Tree Preservation Ordinance\102207 - CC Work Session - Tree Preservation. doc Page 4 of6 They have also identified woodland preservation areas and buffer/screening areas that limit tree destruction regardless of tree size. Replacement Tree replacement is a simple concept, but to be equitable it can become a very complex procedure. For example, an ordinance may require that the loss of a 30-inch diameter tree must be replaced with the planting of fifteen two-inch diameter trees. However, it can be difficult and sometimes impossible to find enough suitable planting locations for the replacement trees. In addition, this particular approach can fail to mitigate the environmental effect of mature tree loss. Other ordinances require that percentages of specific sizes and species of trees must be replaced based on what was there before the development occurred. A variety of replacement strategies are possible including: . requiring developers to set aside wooded areas as preserves; . sliding scales that require greater replacement of caliper inches as the size of the impacted tree increases; . percentage replacement which requires that a certain percentage of each parcel be wooded, typically this is designated by zoning district; · flexible no-net loss formulas that require developers to replace 100 percent ofthe caliper inches lost, either on site or off site. . Or combinations of the above that require tree replacement based on the location and size of the trees lost. Each approach has its advantages and disadvantages, none is perfect. When replacement oftrees is included in an ordinance, the questions, "why, how much, and where?" need to be primary considerations. Incentives Developing an ordinance which creates incentives can be a positive way to achieve compliance. Many incentives exist to encourage tree preservation. The priorities set by the City Council will dictate how much or if incentives will be written into the code to encourage the type of development that is most desirable. If the goal is to create a policy of preservation, then the intent of a tree preservation ordinance should be to provide incentives for unique and creative project designs that complement the woodlands and replace excessive tree loss. Such incentives could include: . Setback reductions for trees saved . Height or density transfers for trees saved . Unit bonuses for land dedicated for replanting, or trees saved City of Arden Hills City Council Work Session for October 22, 2007 \lAhdocsJIAHlAHdatalPlanning\Planning Cases\2007\OX-OXXTree Preservation Ordinauce\102207 - CC Work Session - Tree Preservation.doc Page 5 of 6 · Preserved trees credited to the landscaping that would typically be required for the proj ect · A protected woodlot could be dedicated to the city in lieu of park dedication requirements . Parking requirements reduced for trees saved . Additional trees planted or preserved can offset park dedication fees Discussion Ouestions . Goals o What should be the goals ofthe tree preservation ordinance? . Scope o What should be the scope of the tree preservation ordinance (Commercial, Public, Residential, etc.)? . Requirements o What are appropriate requirements, and how might these affect property owners as well as the long term natural environment of Arden Hills? . Incentives o Should some incentives be built into the new ordinance to encourage tree preservation? o What, if any, policy directions are appropriate in carrying out the goals of this ordinance? Attachments !B-1 Current City of Arden Hills Landscape Plan Requirements !B-2 Current City of Woodbury Protection of Woodlands Requirements !B-3 Current City of Forest Lake Woodland Preservation Regulations !B-4 Star Tribune Article and Proposed Minnetonka Tree Preservation Ordinance Source: http://www.nmstac.orglRFC/preservationordguide.htm City of Arden Hills City Council Work Session for October 22, 2007 \\AhdocsllAH\AHdataIPlanninglPlanning Cases\2007\OX-OXX Tree Preservation Ordinance\102207 - CC Work Session - Tree Preservation.doc Page 6of6 Attachment IB-l Current Arden Hills landscape Plan Requirements ~ ~HILLS Ocotober 22,2007, City Counci Work Session LANDSCAPE PLAN A. CITY REVIEW PROCEDURE In the submission requirements for some development proposals (such as Site Plan Review, Special Use Permit and Planned Unit Development) the following landscape requirements shall be followed in addition to the submission requirements for "Landscape Plan" as defined in each type of application. B. DESIGN REOUlREMENTS I. The extent oflandscape and selection of plant and landscape materials shall be appropriate to the scale and nature of the building(s) site. 2. On complex sites, the natural existing vegetation, earth forms, wetlands and steep slopes shall be carefully evaluated, protected and enhanced as appropriate. 3. Landscape berms and buffers will be used to screen and visually separate: business sites from residential uses; business sites from public streets; and one site from another. 5. Minimum planted tree sizes shall be 3" caliper for overstory deciduous trees, 2 inch caliper for ornamental trees and 8 foot height for coniferous trees. Upright shrubs shall be 18" high for small mature plant size, 24" high for medium mature plant size, and 30" high for tall mature plant size. Spreading shrubs shall have a minimum horizontal dimension of 24". The required height of evergreens used for required screening may be increased by the City. 5. Minimum landscaping requirements shall relate to the gross square footage of all floors of a bnilding and the building height and shall be expressed as the minimum number oftotal inches required per building site. a. Minimwn total caliper inches = Gross Sauare Foota.e of all Floors ofBuildin. 320 b. The minimum total caliper inches shall contain the following minimwn percentages of trees in various size ranges: BuildiD~ Hei~ht Percentaee of Trees of Various Caliper Inches In Stories 2.0" B 3.0" 3.5" B 4.0" 4.5" B 5.0" 1-2 50% 30% 20% 3-4 50% 30% 20% 5 and over 30% 50% 20% 29 c. Coniferous trees may be considered equivalent to the sizes shown by dividing the coniferous tree height in feet by 2.4. 6. Adjoining sites shall be considered in terms of species, location of trees, screening and overall landscape design. 7. Plant materials existing on a site at the time of development or expansion of structures, may be used as a credit against the requirements of these landscape regulations; the City Council shall determine the extent of the credit allowed, based on an evaluation of species, size, location, quality of existing plant materials and the consistency with the intent of these regulations. 8. A reasonable attempt shall be made to protect and preserve existing trees and incorporate them into the landscape plan. 9. A landscape performance bond or other acceptable surety is required for all screening or landscaping required in this ordinance. a. The amount of the bond shall be 125% of the cost of materials and installation. b. The bond shall be provided prior to the issuance of any building permits and shall be valid for one full year from the date of installation. 30 Attachment IB-2 Current Woodbury Protection of Woodlands Requirements ~ ~HiLLS Ocotober 22,2007, City Counci Work Session DIVISION 3. PROTECTION OF WOODLANDS Page 1 of 6 DIVISION 3. PROTECTION OF WOODLANDS Sec. 27-28. Purpose. The purpose of this division is to identify trees that are to be saved when development or land disturbing activity is occurring in wooded areas. It is the city's intent to protect, preserve, and enhance the natural environment of Woodbury and to encourage a resourceful and prudent approach to the development of wooded areas. In the interest of achieving these objectives, the city has established tree preservation regulations to promote the following: (1) Protection and preservation of the environment and natural beauty of the city. (2) Assurance of orderly development within wooded areas to minimize tree and habitat loss. (3) Evaluation of the impacts to trees and wooded areas resulting from development. (4) Establishment of minimum standards for tree preservation and the mitigation of environmental impacts resulting from tree removal. (Ord. No. 1759, S 1759.02, 1-12-2005) Sec. 27-29. Tree protection standards for developing properties. (a) Tree preservation plan. A tree preservation plan shall be submitted to and approved by the city, and implemented in accordance therewith in connection with any of the following: (1) New development in any zoning district. (2) New building construction in any zoning district. (3) Expansion of any existing commercial, industrial or institutional building or impervious surface by ten percent or greater, where an approved tree preservation plan is not on file with the city. (4) Any project for which a city land disturbance permit is required. (5) Removal of any healthy Specimen Tree on any parcel. (6) Removal of more than 30 percent of the diameter inches of the significant trees on any parcel. The tree preservation plan shall reflect the developer's best effort to determine the most feasible and practical layout of buildings, parking lots, driveways, streets, storage and other physical features, so that that the fewest significant trees are destroyed or damaged. (b) Tree preservation plan requirements. All applicants shall submit a tree preservation plan prepared in accordance with the provisions of this subdivision. The tree preservation plan shall be a separate plan sheet(s) that includes the following information: (1) The name(s), telephone number(s), and address(es) of the person(s) responsible for tree preservation during the course of the development project. (2) A tree inventory, indicating the size, species, general health, and location of all existing significant trees located within the area to be developed or within the parcel of record. All significant trees must be tagged in the field for reference on the tree preservation plan. These significant trees should be identified on the plan sheet in both http://library4.municode.com/rncc/DocView/ 14365/ 1/ 178/ 180/ 183 10/16/2007 DIVISION 3. PROTECTION OF WOODLANDS Page 2 of6 graphic and tabular form. (3) A listing of the total diameter inches of healthy significant trees, total diameter inches of healthy hardwood trees, and total diameter inches of healthy coniferous trees. Dead, diseased, or dying trees do not need to be included in the totals. (4) A listing of the total diameter inches of healthy significant trees removed, total diameter inches of healthy hardwood trees removed and total diameter inches of healthy coniferous trees removed. (5) Outer boundary of all contiguous wooded areas, with a general description of trees not meeting the significant tree size threshold. (6) Locations of the proposed buildings, structures, or impervious surfaces. (7) Delineation of all areas to be graded and limits of land disturbance. (8) Identification of all significant trees proposed to be removed within the construction area. These significant trees should be identified in both graphic and tabular form. (9) Measures to protect significant trees. (10) Size, species, number and location of all replacement trees proposed to be planted on the property in accordance with the tree replacement schedule. (11) Signature of the person(s) preparing the plan. (c) Submission requirements. The tree preservation plan shall be submitted with any preliminary subdivision plan or site plan as required by the subdivision regulations of this Code; incorporated as a part of any landscape plan as required by the zoning regulations of this Code; or incorporated as part of a land disturbance plan and an application for any land disturbance permit as required by this Code. All tree preservation plans must be certified by a forester or landscape architect retained by the applicant. (d) Implementation. All sites shall be staked, as depicted in the approved tree preservation plan, and the required tree protection fencing shall be installed before land disturbance is to commence. The city shall inspect the construction site prior to the beginning of the land disturbance to ensure that protective fencing and other protective measures are in place. No encroachment, land disturbance, trenching, filling, compaction, or change in soil chemistry shall occur within the fenced areas protecting the critical root zone of the trees to be saved. (e) Allowable tree removal. Depending on the tree species being removed, up to 30 percent of the diameter inches of significant trees on any parcel of land being developed may be removed without replacement requirements. Replacement according to the tree replacement schedule is required when: (1) More than 30 percent of the total significant tree diameter inches are removed; (2) More than 30 percent of the tallyable hardwood deciduous tree diameter inches are removed; or (3) More than 30 percent of the significant coniferous/evergreen tree diameter inches are removed. The following types of trees do not need to be included as part of the tally of tree removals: (1) Dead, diseased, or dying trees; (2) Trees that are transplanted from the site to another appropriate area within the city; or (3) Trees that were planted as part of a commercial business such as a tree farm or nursery. http://library4.rnunicode.com/rncc/DocView/ 14365/ 1/ 178/ 180/ 183 10/16/2007 DIVISION 3. PROTECTION OF WOODLANDS Page 3 of6 (I) Mitigation. (1) In any development where the allowable tree removal is exceeded, the applicant shall mitigate the tree loss by either: a. Planting replacement trees in appropriate areas within the development in accordance with the tree replacement schedule; b. Planting replacement trees on city property under the direction of the parks and recreation director or a designee; or c. Paying the city a sum per diameter inch calculated from the total number of diameter inches required for replacement trees in accordance with the tree replacement schedule. The fee per diameter inch shall be set forth in the city fee schedule, and the payment shall be deposited into an account designated specifically for tree planting. (2) The form of mitigation to be provided by the applicant shall be determined by the city. (3) The planting of trees for mitigation shall be in addition to any other landscape requirements of the city. (g) Tree replacement schedule. Tree removals over the allowable tree removal limit on the parcel shall be replaced according to the following schedule, which is in addition to the normal landscaping requirements for the development: (1) Hardwood deciduous tree species shall be replaced with new hardwood deciduous trees at a rate of one-half the diameter inches lost. Replacement trees must be a minimum of one inch in diameter. (2) Coniferous/evergreen species shall be replaced with new trees, either coniferous or deciduous, at a rate of one-fourth the diameter inches lost. Replacement trees must be a minimum of one inch in diameter. Since coniferous species are often sold by height rather than diameter inch, the following conversion formula can be used: Height of Replacement Coniferous Tree/2 = Diameter Inches of Credit. (3) Softwood species do not need to be replaced. (h) Species requirement. Where ten or more replacement trees are required, not more than 50 percent of the replacement trees shall be of the same species of tree without the approval of the city. (i) Warranty requirement. Any replacement tree which is not alive or healthy, as determined by the city, or which subsequently dies due to construction activity within two years after the date of project closure shall be removed by the applicant and replaced with a new healthy tree meeting the same minimum size requirements within eight months of removal. Gl Required protective measures. The tree preservation plan shall identify and require the following measures to be utilized to protect significant trees: (1) Installation of snow fencing or polyethylene laminate safety netting placed at the drip line or at the perimeter of the critical root zone (CRZ), whichever is greater, of significant trees, specimen trees, and significant woodlands to be preserved. No grade change, construction activity, or storage of materials shall occur within this fenced area. (2) Identification of any oak trees requiring pruning between April 15 and July 1. Any oak trees so pruned shall be required to have any cut areas sealed with an appropriate nontoxic tree wound sealant. (3) Prevention of change in soil chemistry due to concrete washout and leakage or http://library4.rnunicode.com/rncc/DocView/ 14365/ 1/ 178/ 180/ 183 10/16/2007 DIVISION 3. PROTECTION OF WOODLANDS Page 4 of6 spillage of toxic materials, such as fuels or paints. (4) Removal of any diseased oak or elm trees located in areas to be preserved. (k) Additional protective measures. The following tree protection measures are suggested to protect significant trees that are intended to be preserved according to the submitted tree preservation plan, and may be required by the city: (1) Installation of retaining walls or tree wells to preserve trees. (2) Placement of utilities in common trenches outside of the drip line of significant trees, or use of tunneled installation. (3) Use of tree root aeration, fertilization, and/or irrigation systems. (4) Therapeutic pruning. (I) Incentives. As an incentive to protect contiguous wooded areas, the city will allow the following: (1) Density transfer. Density of units that would be allowed in a protected wooded area may be transferred to other areas of the development, in excess of the density limits of the underlying zoning district. In order for the density transfer to be approved, the protected wooded area must be dedicated to the city. (2) Unit bonus. For each acre of wooded area preserved and dedicated to the city over and above the normal ten percent parkland dedication, the developer will be allowed an additional unit above the original unit allocation. (3) Developers that own parcels without trees may dedicate appropriate areas of their plats as "tree bank" areas. These areas would be available to accept trees planted as mitigation for tree removals from other sites. For each acre of "tree bank" area dedicated to the city over and above the normal ten percent parkland dedication, the developer will be allowed an additional unit above the original unit allocation. The areas proposed to be dedicated to a tree bank must be consistent with the city's comprehensive plan provisions for greenway opportunities, park plans, etc., or must be adjacent to or provide an enhancement to existing park facilities. Property dedicated must be useable upland (not wetlands, ponds, or utility easements, etc.). The city council will retain the discretionary right to determine whether or not it will accept the property proposed to be dedicated for a tree bank. (m) Compliance with the plan. The applicant shall implement the tree preservation plan prior to and during any construction. The tree protection measures shall remain in place until all land disturbance and construction activity is terminated or until a request to remove the tree protection measures is made to, and approved by, the city. (1) No significant trees shall be removed until a tree preservation plan is approved and except in accordance with the approved tree preservation plan as approved by the city. If a significant tree(s), intended to be preserved is removed without permission of the city or damaged so that it is in a state of decline within one year from date of project closure, a cash mitigation, calculated per diameter inch of the removed/destroyed tree in the amount set forth in the city fee schedule, shall be remitted to the city. (2) The city shall have the right to inspect the development and/or building site in order to determine compliance with the approved tree preservation plan. The city shall determine whether compliance with the tree preservation plan has been met. (n) Specimen trees. Removal of any specimen tree shall require a special permit in addition to the other requirements in section 27-29. (Ord. No. 1759, ~ 1759.02, 1-12-2005) http://libral}'4.rnunicode.com/rncc/DocView/ 14365/ 1/ 178/ 180/ 183 10/16/2007 DIVISION 3. PROTECTION OF WOODLANDS Page 5of6 Sec. 27-30. Tree protection standards for non-developing properties. (a) Undeveloped parcels. (1) There are no restrictions or permit requirements for removal of dead, diseased, or dying trees. (2) Landowners not developing their property may remove up to 30 percent of the trees on their property, based on wooded area as of the date of approval of this ordinance, provided 14 days prior notice is given to the city. (3) If more than 30 percent of the trees on the property are to be removed for forest management purposes, the landowner must notify the city 14 days before the removals are to take place and supply the city with an approved forest management plan developed and approved by the department of natural resources' regional forester. (4) If a forest management plan is not prepared, a permit for the removals must be obtained from the city. The permit application must include a tree inventory, certified by a forester or landscape architect, which includes the size, species, and location of all existing significant trees located on the property. (5) Upon receipt of a completed tree removal permit application, the city will issue a permit within 14 days to allow removal of the trees. (6) If, within a ten-year time period of receiving a tree removal permit, the property is developed, the developer will be responsible for replacing the trees that were previously removed in accordance with section 27-29(g), tree replacement schedule. (b) Plaited residentiallols. (1) Owners of platted residential lots may remove up to 100 percent of the trees on the lot without replacement, with the exception of specimen trees. (2) Before a specimen tree is removed, an owner must obtain a permit from the city. (Ord. No. 1759, ~ 1759.02, 1-12-2005) Sec. 27-31. Exceptions. (a) Exception standards. Notwithstanding the city's desire to accomplish the tree protection goals outlined in section 27-28, there may be instances where these goals are in conflict with other city objectives. These conflicts are most likely to occur on small, heavily wooded parcels. at the discretion of the city council, exceptions may be granted if all of the following conditions exist: (1) The subject parcel is five acres in size or less. (2) It is not feasible to combine the subject parcel with adjacent parcels that could use the parcel as required green space. (3) Strict adherence to the requirements of the tree ordinance would prevent development that is desirable to the city on the parcel. (4) The exception requested is the minimum needed to accomplish the desired development. (b) If an exception is granted, relief from the requirements of the ordinance may take the form of reduced mitigation requirements, greater allowable tree removal, higher thresholds for determining significant trees, or any combination of the above. The city council will determine http://library4.municode.com/mcc/DocView/ 14365/ 1/ 178/ 180/ 183 10/16/2007 DIVISION 3. PROTECTION OF WOODLANDS Page 6 of 6 which form of relief best balances the objectives of the city and tree preservation. (Ord. No. 1759, ~ 1759.02, 1-12-2005) Secs. 27-32--27-41. Reserved. http://library4.municode.com/rncc/DocView/ 14365/ 1/ 178/ 180/ 183 10/16/2007 Attachment IB-3 Current Forest Lake Woodland Preservation Regulations ~ ~HILLS Ocotober 22,2007, City Counci Work Session City of Forest Lake WOODLAND PRESERVATION REGULATIONS ~ 153.295 PURPOSE. The purpose of this section is to govern the preservation and protection of trees and woodlands within the city. The city recognizes the value of trees and woodlands for absorbing air pollutants, reducing noise, providing shade, providing wildlife habitat, providing visual amenity, and preventing soil erosion and siltation. This section is adopted to ensure that development occurs in a manner that protects and preserves these valuable resources. (Ord. 537, passed 11-8-2004) ~ 153.296 DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. APPLICANT. Any person or entity that is required to submit and implement an approved Woodland Preservation Plan under this subchapter. CALIPER INCH. The diameter of a tree measured at 4.5 feet above ground level. CONIFEROUS TREES. A wood plant which, at maturity, is at least 12 feet or more in height and has foliage on the outermost portions of the branches year round. CONSTRUCTION ZONE. Any area in which movement of earth, alteration in topography, soil compaction, disruption of vegetation, change in soil chemistry, or other change in the natural character of the land occurs as a result of the site preparation, grading, building construction, or any other construction activity. CRITICAL ROOT ZONE (CRZ). An imaginary circle surrounding the tree trunk radius distance of 1 foot per 1 inch of tree diameter (a 20 inch diameter tree has a CRZ with a radius of 20 feet). DRIP LINE. The farthest distance away from the trunk that rain or dew will directly fall to the ground from the leaves or branches of the tree. HARDWOOD DECIDUOUS TREE. Includes ironwood, oak, maple (hard), walnut, ash, hickory, birch, black cherry, hackberry, locust, and basswood. SIGNIFICANT WOODLAND. A grouping or cluster of coniferous and/or deciduous trees with contiguous crown cover, occupying 15,000 or more square feet of property, and is comprised of deciduous trees of 6 caliper inches or more, and coniferous trees over 12 feet in height. SIGNIFICANT TREE. A healthy tree measuring a minimum of 6 caliper inches for all hardwood deciduous trees, a minimum of 20 caliper inches for all softwood deciduous trees, or a minimum of 12 feet in height for all coniferous trees. SOFTWOOD DECIDUOUS TREES. Includes catalpa, cottonwood, poplars/aspen, box elder, willow, silver maple, and elm. (Ord. 537, passed 11-8-2004) ~ 153.297 WOODLAND PRESERVATION PLAN. (A) General submission requirements. A Woodland Preservation Plan required hereunder shall be submitted within: (1) Any preliminary subdivision plan as required within the Subdivision Code; (2) Any landscape plan as required by S 153.231 unless otherwise waived by the city; and (3) Any project for which a city grading permit is required by S 153.271 and when significant trees and/or woodlands exist on site. (B) Individual single-family lot requirement. Applicants of single-family residential building permits are required to prepare an individual lot Woodland Preservation Plan when significant trees and/or woodlands exist on site. (C) Plan requirements. (1) All Woodland Preservation Plans, with the exception of individual single- family residential lots, shall be certified by a forester, landscape architect, or other qualified professional retained by the applicant. (2) All applicants shall submit a Woodland Preservation Plan prepared in accordance with the provisions of this chapter. The Woodland Preservation Plan shall include the following information: (c) Delineation of all areas to be graded and limits of the construction zone; (a) The name(s), telephone number(s), and address(es) of applicant's property owners, developers, and/or builders; (b) Delineation of the buildings, structures, or impervious surfaces situated thereon or contemplated to be built thereon; (d) Size, species, and location of all existing significant trees and woodlands located within the area to be platted or within the parcel of record. These significant trees and woodlands shall be identified in both graphic and tabular form; (e) Identification of all significant trees and woodlands proposed to be removed within the construction zone. These significant trees and woodlands shall be identified in both graphic and tabular form; (f) Measures to protect significant trees and woodlands; (g) Size, species and location of all replacement trees proposed to be planted on the property in accordance with the tree replacement schedule; and (h) Signature of the person preparing the plan. (D) Review process. The Woodiand Preservation Plan shall be reviewed by the city to assess the best possible layout to preserve significant trees and woodlands and to enhance the efforts to minimize damage to significant trees and woodlands. The applicant shall meet with the city prior to submission of the development application, or prior to application for the grading permit, whichever is sooner, to determine the most feasible and practical placement of buildings, parking, driveways, streets, storage, and other physical features in order that the fewest significant trees and woodlands are destroyed or damaged. Once a plan is approved by the city, the plan shall be recognized as the approved Woodland Preservation Plan. (E) Performance guarantee. Any applicant of a new development shall provide the required performance guarantee following preliminary approval of the Woodland Preservation Plan and prior to any construction and/or grading. The amount of the performance guarantee to be submitted, specific to the woodland preservation fulfillments, shall be calculated as follows: (1) An amount to guarantee preservation of all trees identified by the approved Woodland Preservation Plan to be preserved within the construction zone shall be deposited with the city. The amount shall be calculated by multiplying the total caliper inches of significant trees to be preserved by the rate of payment of $75 per caliper inch and/or the total square feet of woodlands to be preserved at the rate of $1.50 per square foot; (2) No performance guarantee shall be required for applicants for building permits of single-family residential additions and accessory structures; (3) Following written request by the applicant for acceptance, the performance guarantee will be released upon verification by the city that the Woodland Preservation Plan was followed and that the tree replacement schedule was complied with where necessary; in no event shall the performance guarantee be released earlier than 1 year after the date of the project closure. (F) Compliance with Plan. (1) The applicant shall implement the Woodland Preservation Plan prior to and during any construction. The woodland protection measures shall remain in place until all grading and construction activity is terminated, or until a request is made to, and approved by, the city. (2) No significant trees or woodlands shall be removed until a Woodland Preservation Plan is approved and accepted in accordance with the approved Woodland Preservation Plan. If a significant tree or woodland that was intended to be preserved is removed without permission of the city, or damaged so that it is in a state of decline within 1 year from date of project closure, the cash guarantee calculated per caliper inch of the removed/destroyed tree or per total square foot of woodlands in the amount set forth herein shall be remitted to the city. (3) The city shall have the right to inspect the development and/or building site in order to determine compliance with the approved Woodland Preservation Plan. The city shall determine whether compliance with the Woodland Preservation Plan has been met. (Ord. 537, passed 11-8-2004) ~ 153.298 PERMITTED TREE REMOVALS. The city recognizes that a certain amount of tree removal is an inevitable consequence of the urban development process and therefore will likely result in the removal of some significant trees. Consequently, the city requires that significant tree removal beyond the following thresholds shall require reforestation or restitution as described below in S 153.299. (A) Trees may be removed within 15 feet from the face of the foundation of buildings, required parking areas, driveways, well areas, drain fields, essential utility areas, essential drainageways, easements, and rights-of-ways. (8) All diseased, hazardous, dead and dying trees may be removed. (C) Up to 10% of significant trees may be removed from existing improved parcels. (D) Trees and woodlands within the Shoreland Overlay District are subject to the requirements stated in SS 153.050 et seq., in addition to the regulations of this subchapter. (E) After tree removal the parcel must still meet the minimum requirements of the landscape section of this chapter. (Ord. 537, passed 11-8-2004) ~ 153.299 MITIGATION PROCEDURES. Trees or woodlands removed beyond the permitted threshold(s), as described above in ~ 153.298, shall be mitigated by the applicant through either of the following methods as determined by the city: (A) Replace the trees or woodlands in accordance with the tree replacement provisions as outlined below in ~ 153.300; or (B) Repay to the city the sum per caliper inch calculated from the total amount of caliper inches of the required replacement trees in accordance with the tree replacement provision in ~ 153.300. The fee per caliper inch shall be set north in the city fee schedule, and the payment thereon shall be deposited into an account designated specifically for tree mitigation. (Ord. 537, passed 11-8-2004) ~ 153.300 TREE REPLACEMENT PROVISIONS. (A) Schedule. Size of Tree Number of Replacement Trees Damaged or Category A Category B Category C Destroyed Coniferous, 12 to 24 1 2 4 feet high Coniferous, 24 feet or 2 4 8 higher Hardwood deciduous, 1 2 4 6 to 20 inches diameter Softwood deciduous, 1 2 4 20 to 30 inches diameter Softwood deciduous, 2 4 8 greater than 30 inches diameter (B) Significant woodland replacement. Where replacement of a significant woodland is required, the applicant shall be responsible for furnishing and installing 1 Category A replacement tree or 2 Category B replacement trees or 4 Category C replacement trees for every 125 square feet of significant woodland damaged or destroyed, or any increment thereof. (C) Size of replacement trees. (1) Category A trees shall be no less than the following sizes: (a) Deciduous trees, not less than 4 caliper inches; (b) Coniferous trees, not less than 12 feet in height. (2) Category 8 trees shall be no less than the following sizes: (a) Deciduous trees, not less than 2-1/2 caliper inches; (b) Coniferous trees, not less than 6 feet in height. (3) Category C trees shall be no less than the following sizes: (a) Deciduous trees, not less than 1-1/2 caliper inches; (b) Coniferous trees, not less than 4 feet in height. (D) Species requirement. Where 10 or more replacement trees are required, not more than 50% of the replacement trees shall be of the same species of tree without the approval of the city. (E) Warranty requirement. Any replacement tree which is not alive or healthy, as determined by the city, or which subsequently dies due to construction activity within 1 year after the date of project closure, shall be removed by the applicant and replaced with a new healthy tree meeting the same minimum size requirements within 8 months of removal. (F) Additional requirements. The replanting of trees for mitigation shall be in addition to any other landscape requirements of the city. (Ord. 537, passed 11-8-2004) ~ 153.301 REQUIRED PROTECTIVE MEASURES. The following measures shall be utilized to protect significant trees and woodlands during any type of grading or construction: (A) Installation of snow fencing or polyethylene laminate safety netting placed at the drip line or at the perimeter of the critical root zone (CRZ), whichever is greater, of significant trees and woodlands to be preserved. No grade change, construction activity or storage of materials shall occur within this fenced area; (8) Identification of any oak trees requiring pruning between April 15 and July 1. Any oak trees so pruned shall be required to have any cut areas sealed with an appropriate non-toxic tree wound sealant; (Ord. 537, passed 11-8-2004) (C) Prevention of change in soil chemistry due to concrete washout and leakage or spillage of toxic materials, such as fuels or paints. ~ 153.302 ADDITIONAL PROTECTIVE MEASURES. The following tree protection measures are suggested to protect significant trees and woodlands that are intended to be preserved: (A) Installation of retaining walls or tree wells to preserve trees; (8) Placement of utilities in common trenches outside of the drip line of significant trees or use of tunneled installation; (C) Use of tree root aeration, fertilization, and/or irrigation systems; (D) Transplanting of significant trees into a protected area for later moving into permanent sites within the construction area; (E) Therapeutic pruning. (Ord. 537, passed 11-8-2004) Attachment IB-4 Star Tribune Article and Proposed Minnetonka Tree Preservation Ordinance ~ ~HILLS Ocotober 22,2007, City Counci Work Session Minnetonka may bolster trees against builders' ax Page 10f2 starTribune.com I MINNEAPOLIS - ST. PAUL, MINNESOTA Minnetonka may bolster trees against builders' ax As developers carve big lots into smaller tracts, residents want an ordinance to protect their trees. By Laurie Blake, Star Tribune Last update: October 12, 2007 - 9: 11 PM To save big, healthy trees and what's left of original woodlands from the buzz saw of development, Minnetonka is preparing a new ordinance to preserve the city's woodsy look and feeling. The rules -- scheduled for a vote early next year -- would give trees higher visibility as a community asset and spell out how builders must accommodate them. Majestic hardwoods and tall evergreens would be ranked as significant trees or high- priority trees, depending on their size, location and condition. And the ordinance would for the first time define and locate woodland preservation areas within the suburb. Instead of requiring a tree-for-a-tree replacement no matter how large of a tree is cut down -- as the current ordinance does -- the new ordinance would require inch-by-inch replacement with the planting of as many as 10 2-inch trees to replace a tree with a girth of 20 inches. The new ordinance also would give the City Council new power to scale back building plans to protect woodlands and trees. Protecting trees is one of many steps the city may take to protect the city's natural environment from development pressure, said city planner Julie Wischnack. The City Council is also considering new restrictions on shore land, slopes and surfaces that don't absorb water. Although a high-profile redevelopment on Glen Lake made headlines last year when the builder cut down a swath of trees in violation of the existing tree ordinance, that was not the incident that triggered discussion of a new tree ordinance, officials say. Rather, it was an uncooperative builder in Crosby Cove in the northwest part of the city who made council members realize they didn't have the tools they needed to protect trees, City Manager John Gunyou said. In that case, a developer purchased a former estate off Crosby Road near McGinty Road and built quality homes but cut down large trees and changed the topography in the process, said City Council Member Brad Wiersum, who represents the area. "The neighbors were up in arms." http:j jwww.startribune.comjl06jv-printjstoryj1481970.htrnl 10/16j2007 Minnetonka rnay bolster trees against builders' ax Page 2 of2 The proposed tree ordinance would give the city more clout to make Minnetonka a more beautiful place, but council members will remain flexible, Wiersum said. "We don't want to paint developers into a corner. We want to preserve trees and habitat to the degree that is reasonable while still respecting property rights." The city's annual public-opinion survey indicates the council would be on solid ground in tightening rules to protect trees. The survey earlier this year found that in Minnetonka residents consider care of the natural environment as important as public safety. The ordinance recognizes that trees contribute to the character and environment of the city. It notes that a leafy canopy cleans the air, muffles noise, curbs erosion and provides shade and privacy. Officials say the entire mass of trees must be cared for if Minnetonka is to retain the woodsy atmosphere residents value. As the suburb matures, "we have a lot of subdivision requests," Gunyou said. In some cases homeowners are dividing large residential lots and selling them to build retirement nest eggs. In other cases, a developer will buy two or three lots and come in with plans for several new houses. "All over the community we are seeing this sort of thing," Gunyou said. Lot splits can be hard on trees, and their loss can be hard on neighbors. "The neighbors who live there have always seen trees in that area and then don't like the idea that there might be another house there," Gunyou said. The proposed ordinance will go before the Planning Commission in December and to the City Council in January. Until this and other new environmental policies are in place, the city plans to continue a moratorium on development that requires developers to bring plans to City Hall for review, Gunyou said. Laurie Blake. 612-673-1711 Laurie Blake. Iblake@startribune.com @ 2007 Star Tribune. All rights reserved. http://www.startribune.com/106/v-print/story/ 1481970.htrnl 10/16/2007 ORDINANCE NO. 2007- AN ORDINANCE AMENDING CITY CODE ~300.28, SUBD. 19 REGARDING TREE PROTECTION The City of Minnetonka Ordains: Section 1. City code ~300.28, subd. 19 is amended as foil prevent or reduce soil 19. Performance Standards RegulLlting Tree RemovalP a) Purpose. Standards governing the preserv are necessary to: 1) prevent tree loss by eliminatin excavation near tree roots; 2) 3) 4) 5) 6) 7) establish' improve air quality an lation and shading; are rs between similar land uses and onflicting land uses; and and extent of trees which exist in the city and which tity. cj In enforcing this ordinance, the city may give preference to the preservLltion of higher quality significant trees over less desirable trees. ^ tree may be considered of higher quality based on its species, size, location, or other relevant factors. The city forester will establish a list of species that are considered less desirable, and this list will be kept on file in the planning department. d) The city may require that a preperty be rezoned and developed as a planned unit development to utilize f1mcible development standards to preserve significant trees; the The stricken language is deleted; the underlined language is inserted. Ordinance No. 2007- Page 2 city may require the clustering of buildings where this would preserve significant trees. e) significant trees may be destroyed for development, without any required replacement, in the following areas: 1) within the width of required easements for public streets and utilities and the required areas for surface water ponding; afl€I f<:lOtings. trOes per acre. property O'Nner or original developer if they die within one year after installation. h) Before any construction or grading takes plJce, snow fencing, erosion control fencing, or similar device must be placed around the drip lines of significant trees that are to be preserved or that are located nearby on adjacent property. No oonstruction, compaction, or grading of any kind may ooour within these drip lines, except when neoessary to save additional signifioant trees and when the risl( to the trees designated The strioken language is deleted; the underlined language is inserted. Ordinance No. 2007- Page 3 for preser/ation is minimLlI. The developer must place signs on the fencing prohibiting construction, cempaction, er grading. i) A significant tree thLlt was removed or otherwise destroyed within 1'....13 years before a de'/eloFlment application must be replaced in the same general location by two trees meeting the requirements of pLlragraph (g) Llbove. The replacement trees will bo considored significant trees existing LIt tho time of the developmont Llpplication LInd mLlY . . .. .. boon allowed to be removed under this ordinance. development. b Definitions. For the defined as follows: tree measured at 4.5 oot zone is the minimum area around a e the critical root radius measure the , tree diameter 1.5 feet of root radius s 10 inches then its critical root radius e is 30 feet. e or trees that meet the definitions of woodland r si nificant tree and that is re uired to be 4 least two acres ecosystems: ervation area" - a remnant woodland ecos stem that is at eets the criteria for one of the followin t es of DEFINITIONS OF ECO - TYPES TO BE INCLUDED IN A FUTURE DRAFT a. "floodplain forest" - : b. "lowland hardwood forest" - : c. "maple basswood forest" - : The stricken language is deleted; the underlined language is inserted. Ordinance No. 2007- Page 4 d. "mesic oak forest" - : e. "oak woodland brushland" - : f. "tamarack swamp" - :or q. "willow swamp" - 5 area but is still im sound and health t box elders elm s s Colorado s ei ht inches dbh or a buffer or screenin f an arterial road or 35 feet ucturall sound and health and that is r a coniferous tree at least fifteen feet reservation' 4) require the clusterinq of buildinqs or the relocation of roads. drives. buildinqs. utilities or storm water facilities when this would preserve protected trees: 5) qrant variances: 6) specify time periods in which tree cuttinq. trimminq or iniurv mav not occur in order to prevent the spread of disease: and The stricken language is deleted; the underlined language is inserted. Ordinance No. 2007- Page 5 7) reauire conservation easements to ensure that woodland preservation areas or aroups of hiah priority trees are not destroved after the development has been approved. d) Tree Preservation Plan. A tree preservation plan is reauired as part of an application for a preliminarv plat. lot division. aradina permit. site and buildina plan review. wetland/floodplain alteration permit. or buildina permit for an addition or new construction. A tree preservation plan must include: e rotected trees on their Ii ation if no construction ears thereafter. lot ublic streets and utilities as im roved for reasonabl -sized drivewa s ,tin s and within ten feet around those e foot rints of and 20 feet around build in s with frost footinas: and d. reas where trees are bein removed for ecolo ical restoration in accordance with a citv-approved restoration plan. 3) Except as provided below. mitiaation is reauired for tree removal for construction on an existina lot if the trees are in woodland preservation areas, are hiah priority trees. or are sianificant trees outside the allowable area for destruction. A tree mitiaation plan must be submitted and implemented in accordance with paraaraph if) below. The stricl{on language is deleted; the underlined language is inserted. Ordinance No. 2007- Page 6 4) Removal of trees in woodland preservation areas and hiqh priority trees is prohibited on new subdivisions of land or redevelopment of land unless the council determines that there is a qreater public qood such as: a) providinq reasonable use or access to the property: b) providinq affordable housinq; c) allowinq for a public road or trail: e enablin redevelopment area. 2) Specific mitiqation standards. Mitiqation for tree removal of trees in woodland preservation areas. hiqh priority trees, and siqnificant trees outside of the allowable removal areas provided in paraqraph (e)(2) must meet the followinq specific standards: a. Mitiqation rate The stricken language is deleted; the underlined language is inserted. Ordinance No. 2007- Page 7 1. A tree that is in a woodland preservation area or is a hiQh priority tree must be replaced at an inch-for-inch in diameter for a deciduous tree and at a foot-for-foot in heiQht for an everQreen tree; and 2. A siQnificant tree that is outside of the allowable tree removal area specified in section (e)(2) must be replaced with one two-inch tree. b. MitiQation species 1. Trees in woodland species found in that eco-tvpe. 3. than box elder silver ma re lacement s c. nificant tree is a two-inch tree. e lacement trees must meet the American Standards for Nurse Stock relatin to uali of stock and a ro riate sizin of the root ball for balled and burlapped and spade-moved trees. b) If the citv determines in its sole discretion that there is no appropriate location for some or all of the required replacement trees. those trees mav not be required. The e:tricken language is deleted; the underlined language is inserted. Ordinance No. 2007- Page 8 c) Replacement trees must be planted on the same property from which the trees were removed: d) A tree will be considered removed if 30 percent or more of the trunk diameter is iniured or if the followinq percentaqe of the critical root zone is compacted. cut. filled or paved: 30 percent of the critical root zone for oaks and suqar maples. and 40 percent for other species: 4) The area of compensatorv water storaqe may not be located where there are woodland preservation areas. hiqh priority trees or siqnificant trees. unless approved bv the city. The compensatorv storaqe area must be created in a manner that prevents erosion into any nearby water resource. The stricken language is deleted: the underlined language is inserted. Ordinance No. 2007- Page 9 Section 2. A violation of this ordinance is subject to the penalties and provisions of Chapter XIII of the city code. Section 3. This ordinance is effective upon adoption. Adopted by the city council of the City of Minnetonka, Minnesota, on Date of introduction: Date of adoption: Motion for adopti Seconded by: Voted in favor of: Voted a Absta' Ab Ordi Janis A. Callison, Mayor ATTEST: David E. Maeda, City Clerk I certify that the f of the City of Minnet is a correct copy of an ordinance adopted by the city council a, Minnesota, at a meeting held on David E. Maeda, City Clerk The strickon language is deleted; the underlined language is inserted.