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HomeMy WebLinkAbout7B, Approve Ordinance 2008-007 in PC 08-014 Tree Preservation ~ ~HILLS Request for Council Action Prepared By: Dept.: Council Mtg. Date: Final Action Needed By: Meagan Beekman -..9:~_~ili:~h~~X_p_~y_~_1_9_P!!!~_~_!___. 04-28-08 Actual Amount: Funding ~~~_~_,-c_"C'm,'" 'lt2fJlsiliY1U2sut,;;;gS!(&uN,L._______________"_.______________________________.._'_.._..mm........."...."."."..""..,.,__.,.._.....__._._____._____________________________________________________.____,_.,.__.._.....mmm................."..........,...,_".,_"_"_"____________________________________,_,__,_.._.._,..."."....._._.._.._"_._"__, 1. Motion to Approve Ordinance 2008-007 in Planning Case 08-014 to Add Section 1325.055, Tree Preservation Ordinance and its subdivisions! to the Zoning Code as presented in the April 28,2008, Report to the City Council. 2. Motion to Approve Publishing a Summary of Ordinance 2008-007 for the Tree Preservation Ordinance as Permitted by Minnesota State Statute 412.191 Subd 4. !2!~![(l~~~QI!!m~_fu~_~!rSidsnilii;2gg00u1i1j:djlhmijluIL_______________________________________________.,_"_...."",,_.........,,.,.....,.....,...,.........."".......".__,,_.___________________________________________________"_____"".__,__,,,..,,.......,..,..,..,,,..,........,,,,....,.."....""_______________________________________",,.....,.......,......,........".... :1. Approve Ordinance 2008-007 in Planning Case 08-014 to Add Section 1325.055, Tree Preservation Ordinance and its subdivisions to the iZoning Code as presented in the April 28, 2008, Report to the City Council. :2. Approve Publishing a Summary of Ordinance 2008-007 for the Tree Preservation Ordinance as Permitted by Minnesota State Statute !412.191 Subd 4. Approvat (6~0) x April 28, 2008 , Memo to the City Council x No.: No.: Recommendation: Recommendation: 2008~007 X Other: NOne. ~ ~~lLLS MEMORANDUM DATE: April 28, 2008 TO: Mayor and City Council FROM: Meagan Beekman, Planner I SUBJECT: Planning Case #08-014 Zoning Code Amendment Tree Preservation Ordinance City of Arden Hills ReQuested Action 1. Motion to Approve Ordinance 2008-007 in Planning Case 08-014 to Add Section 1325.055, Tree Preservation Ordinance and its subdivisions to the Zoning Code as presented in the April 28, 2008, Report to the City Council. 2. Motion to Approve Publishing a Summary of Ordinance 2008-007 for the Tree Preservation Ordinance as Permitted by Minnesota State Statute 412.191 Subd 4. Back!!round Staff was directed by the Planning Commission and City Council to examine the current zoning code regarding tree preservation. Staff was asked to create an ordinance that would better handle tree loss and tree protection during redevelopment within the City. In response to this request, Staff examined a number of tree preservation ordinances throughout the metropolitan area. In addition, local and national sources were consulted that offer potential best practices on developing a tree preservation orc1inance. A number of people were given the opportunity to review the draft regulations and provide feedback that was implemented into the proposed ordinance, including City Staff that may be impacted by a tree preservation ordinance and landscape architects, both students and those working in the private sector. In addition, Staff met with the Planning Commission, the City Council, and the PTRC to discuss goals and objectives of a tree preservation ordinance, and to get feedback as the ordinance was drafted. City of Arden Hills City Council Meetingfor April 28, 2008 \\Metro-inet.us\ardenhillsIPlanning\Planning Cases\2008\OB-OJ4 Tree Preservation Ordinance (PCApproved)\042808 - CC Report - Tree Preservation.doc Page 1 of3 As a result of this research Staff has prepared the proposed Tree Preservation Ordinance (Attachment B). The City Attorney has reviewed the proposed ordinance and his comments have been implemented in the ordinance attached to this report. Recommendation The proposed Tree Preservation Ordinance will represent a significant departure from current City policy. The new ordinance will regulate the removal and mitigation of significant trees within the City for the purposes of development, subdivisions, and large amounts of land alterations. The new ordinance would not regulate the cutting of all trees in the City, only those that would be removed for projects that would otherwise come before the City for review. Staff recognizes that a trade off was required to accommodate City resources, private property owners, and the natural environment. Staff recognizes that the proposed Tree Preservation Ordinance is comprehensive and has many nuances. These regulations may need to be adjusted over time as they are put into practice and Staff learns new and better ways to implement them. Staff also believes that the proposed ordinance will greatly improve the quality of development within the City and give the City greater leverage when dealing with Planned Unit Developments in the future. With this in mind Staff is recommending approval of the addition of Section 1325.055, Tree Preservation, in the Zoning Code. The Planning Commission unanimously voted to recommend approval of this ordinance at their April 2, 2008, meeting. Options 1. Approve the proposal as submitted. 2. Approve the proposal with changes 3. Deny the proposal. 4. Table for additional information. If changes to Ordinance 2008~007 are made, those changes can be included with a motion to approve. In order to publish a summary of Ordinance 2008-007, a 4/5 vote of approval is required. The landscaping regulations do not go into effect until the day after they are published in the Bulletin, which would be May 7, 2008. City of Arden Hills City Council Meetingfor April 28, 2008 \\Metro-inet.uslardenhills\Planning\Planning Cases\2008\08-014 Tree Preservation Ordinance (PCApproved)\042808 - CC Report - Tree Preservation. doc Page 2 of3 Deadline for Al!encv Actions There are no deadlines for action on this request. Attachments A - Draft Planning Commission Meeting Minutes B - Proposed Section 1325.055, Tree Preservation Ordinance (Black~Lined) C - Ordinance 2008~007 D - Summary of Ordinance 2008-007 for Publication City of Arden Hills City Council Meetingfor April 28, 2008 \\Metro-inet.uslardenhills\Planning\Planning Cases\2008\08-014 Tree Preservation Ordinance (PC Approved) \042808 - CC Report - Tree Preservatioll.doc Page 3 of 3 Attachment A Draft Planning Commission Minutes - April 2, 2008 ~ ~HlLLS April 28, 2008, City Council Meeting Ms. Beekman requested consideration of a proposal to add Section 1325.055, Tree Preservation, to the Zoning Code. She then provided background information and said Staff is recommending approval of the addition of Section 1325.055, Tree Preservation, in the Zoning Code. Draft Meeting Minutes - April 2, 2008, Planning Commission Meeting PLANNING CASE # 08-014 - ZONING CODE AMENDMENT; CITY OF ARDEN HILLS; TREE PRESERVATION ORDINANCE- PUBLIC HEARING Chair Larson opened the floor to Commission questions. Commissioner Zimmerman inquired about the reference to unapproved tree loss resulting in a 2: 1 loss and the reference to approved tree loss. Ms. Beekman stated that the language could be added to clarify that the code is referring to approved tree loss. She stated that the clarifications could also be made through the discussions with the applicants. Commissioner Thompson inquired about the source for the definition of the critical root zone. Ms. Beekman stated it is a standard measure of 1.5 feet for every inch of tree. She stated it is from the American Standards of Nursery Stock. Commissioner Thompson stated that it might be beneficial to refer to the source since it is based on existing best management practices. Commissioner Holewa stated that he thinks it is a common standard. Commissioner Stodola noted that on page 6, part B, section 5 had a typo. She stated the sentence should read "Attaching protective devices, signs, etc., to trees is prohibited..." Chair Larson opened the public hearing at 9:03 p.m. Chair Larson invited anyone for or against the application to come forward and make comment. Chair Larson closed the public hearing at 9:04 p.m. Commissioner Holewa moved, seconded by Commissioner Zimmerman, to recommend approval of Planning Case #08-014 to add Section 1325.055 to the Zoning Code, as proposed in April 2, 2008, planning case report. Commissioner Holewa stated that he would like the ordinance to encourage residents to plant trees including planting trees on the public property. He stated that he has been thinking about the City's encouraging the residents to preserve and maintain trees, but not assisting in the preservation or maintenance. The motion carried unanimously (6~0). This Planning Case will be reviewed at the Monday, April 28, 2008, City Council meeting. Attachment B Proposed Section 1325.055 - Tree Preservation Ordinance (Black-lined) ~ ~HlLLS April 28, 2008, City Council Meeting Tree Preservation Ordinance 1305.04 Definitions. Critical Root Zone. The minimum area around a tree that should remain undisturbed. To calculate the critical root zone. measure the tree's caliper inches. For each caliper inch of tree. 1.5 feet of root radius must be protected. For example. if a tree's is 10 caliper inches. then its critical root radius is 15 feet (10 x 1.5 = 15). The critical root zone is 30 feet. Caliper Inches. The diameter of a tree measured at 4.5 feet above the oround. Sionificant Tree. A tree that is important to the site and the neiohborhood character. that is structurally sound and healthv. and that meets at least one of the followino standards: a. A deciduous hardwood tree that is at least ten (10) caliper inches. includino but not limited to. ironwood. catalpa. oak. hard maple. walnut. hickorv. birch. black cherrv. hackberrv. locust and basswood. b. A deciduous softwood tree that is at least twelve (12) caliper inches. includino but not limited to. cottonwood. poplars/aspen. box elder. willow. silver maple and elm. c. A coniferous everoreen tree havino foliaoe on the outermost portion of the branches year~round and which is at least fifteen (15) feet or more in heioht. d. A oroup of deciduous trees that are at least eioht (8) caliper inches or coniferous trees that are at least fifteen (15) feet in heioht. that provide a buffer or screeninG alono an adiacent public street or between differino land uses. 1325.055 Tree Preservation. }. reasonable atleETpt shall be made 10 pr-oleet aad preserve existing trees and ineoTj'lorate them illto the 18.I'ldseape plan. Subd. 1 Findinos. Purpose and Citv Authoritv. A. Findinos and Purpose. The purpose of this section is to identify trees that are to be saved when development or land disturbino activity is occurrino. It is the City's intent to protect. preserve. and enhance the natural environment of Arden Hills and to encouraoe a resourceful and prudent approach to development. The city council finds it is in the best interest of the city to protect. preserve. and enhance the natural environment of the communitv and to encouraoe a resourceful and prudent approach to development and property alteration. In the interest of achievino these obiectives. the city has established the comprehensive tree preservation reoulations herein to promote the furtherance of the followino: 1. Protect and preserve the environment and natural beautv of the Citv: 2. Minimize tree and habitat loss durino development and construction: 3. Establish minimum standards for tree preservation and the mitioation of environmental impacts resultino from tree removal: Proposed - March 19, 2008 I 4. Enforce tree preservation standards to promote and protect the public health. safety and welfare of the community. 5. Increase and maintain property values: 6. Enhance eneraY conservation throuah natural insulation and shadina: 7. Prevent or reduce soil erosion. sedimentation and stormwater runoff: 8. Protect privacv by maintainina buffers between land uses: and 9. Preserve the varietv and extent of trees which exist in the Citv and which are an intearal part of this City's identity. B. City Authoritv. To preserve protected trees. the Citv mav: 1. reauire and enforce a tree preservation plan as described below: 2. specify trees or aroups of trees for preservation: 3. specify aradina limits: 4. reauire the ciusterina of buildinas or the relocation of roads. drives. buildinas. utilities or storm water facilities when this would preserve protected trees: 5. specifv time periods in which tree cuttina. trimmina or iniury mav not occur in order to prevent the spread of disease: and 6. reauire easements to ensure that aroups of sianificant trees are not destroyed after the development has been approved. Subd.2 Tree Preservation Plan. A. Scope. A Tree Preservation Plan is reauired as part of an application for: 1) New buildina construction in anv zonina district 2) An expansion of an existina buildina or hard surface bv ten percent or areater. where an approved tree preservation plan is not on file with the city: 3) Anv proiect for which a citv aradina permit or erosion control permit is reauired 4) A plat or minor subdivision. B. Tree Preservation Plan Submission Reauirements. A Tree Preservation Plan must include a tree survev certified by a reaistered land survevor. iandscape architect. or forester. See Appendix A for details on the reauirements of a Tree Preservation Plan. Proiects on residential sites of fewer than two lots are not reauired to have tree surveys certified. Applicants are encouraaed to consult with citv staff concernina Proposed - March 19, 2008 2 preservation of protected trees before developinq a Tree Preservation Plan. C. Review Process. The tree preservation plan shall be reviewed bv the citv to assess the best possible lavout to preserve siqnificant trees and to enhance the efforts to minimize damaqe to siqnificant trees. The applicant shall meet with citv staff prior to submission of the development application or prior to application for the qradinq permit. whichever is sooner. to determine the most feasible and practical placement of buildinqs. parkinq. drivewavs. streets. storaqe and other phvsical features. in order that the fewest siqnificant trees are destroved or damaqed. Subd. 3 Performance Guarantee. A. Anv applicant required to submit a tree preservation plan shall provide the required performance quarantee foliowinq preiiminarv approvai of the tree preservation plan and prior to anv construction and/or qradinq to insure completion and maintenance of all landscapinq and trees in accordance with the approved tree preservation plan required hereunder. B. The amount of a bond or other approved financial suretv shall be 125% of the cost of materials and instaliation. C. The bond or other financial suretv shall be provided prior to the issuance of anv buiidinq or qradinq permits and shall be valid for two full vears. from the date of installation. D. For anv tree that is not in accordance with the approved tree preservation plan at the end of two qrowinq seasons. the applicant shall replace the material to the satisfaction of the citv before the quarantee is released. Where this is not done. the citv. at its sole discretion. mav use the proceeds of the performance quarantee to accomplish performance. Subd. 4 Compliance with Plan. The applicant shall implement the tree preservation plan prior to and durinq anv construction. The tree protection measures shall remain in place until all qradinq and construction activitv is terminated. A. Tree Removal Prior to Approval. No siqnificant trees shall be removed until a tree preservation plan is approved bv the citv and except in accordance with the approved tree preservation plan. B. Inspection. The citv shall have the riqht to inspect the development and/or buildinq site in order to determine compliance with the approved tree preservation plan. The citv shall determine whether compliance with the tree preservation plan has been met. C. Unapproved Tree Loss. If a tree that was required to be preserved is removed or damaqed so that it is in a state of decline within two qrowinq seasons from date of proiect closure. it must be mitiqated at a rate of 2:1. or two caliper inches of trees replaced for everv caliper inch of tree removed. This provision also applies to an easement area that is disturbed durinq or after development. The Citv mav use the performance quarantee to accomplish this. Subd. 5 Tree Removal and Preservation. Proposed - March 19. 2008 3 A. Tree Removal Allowance. Mitiaation shall not be reauired for removina. cuttina. or killina trees when: 1. Fewer than ten (10) percent of the caliper inches of the sianificant trees on the property are cut. remoyed. or killed 2. There is an existina principal use on the property and no construction. aradina. or development is to occur in the location of the removed tree(s) within two years thereafter. 3. The trees to be removed. cut. or killed are identified as diseased or nuisance trees. B. Reduced Reauirements. Mitiaation reauirements can be reduced as determined by the City Council when there is a areater public aood such ~ 1. Allowina for LEED Certified architectural practices: 2. Providina affordabie housina: 3. Allowina for a public road or trail: or 4. Providina for a public utilitv service. D. Planned Unit Developments. A PUD plan for a new subdivision will be approved only if it demonstrates that the new subdivision has a reasonable number of lots or units and has lot lines and buildina pads that minimize tree loss. Mitiaation must be provided for anv removal of sianificant trees. E. Diseased and Nuisance Trees. Prior to aradina. all diseased and nuisance trees on the subiect propertv shall be removed from the propertv at the time of aradina and prior to the commencement of buildina construction. Diseased and nuisance trees shall not count toward calculation of sianificant tree inventorv. F. Removal of Trees Prior to Application Submittal. A tree that was removed or otherwise destroved bv unnaturai causes within two years before a development application will be reaarded as if it were present at the time of construction or a development application. Subd. 6 Approved Tree Mitiaation. A. Mitiaation Standards. Mitiaation for tree removal of sianificant trees must meet the followina specific standards: 1. Mitiaation Rate. Sianificant live trees lost or reasonably anticipated to be lost as a result of buildina. construction. or aradina immediatelv or in the future. shall be replaced bv the property owner bv plantina that number of caliper inches of trees ("repiacement trees") determined at a rate of 1:2 or one inch replaced for everv two inches lost. The trees reauired to be replaced pursuant to this Section shall be in addition to anv other trees reauired to be planted pursuant to anv other provision of the Code. Proposed - March 19, 2008 4 2. Mitiqation Species. Replacement trees shall be of a species similar to the trees which are iost or removed and shall inciude those species pre~approved in writinq bv the City. The Citv maintains a list of trees provided for quidance in selection of trees and shrubs. 3. General Mitiqation Standards. a. All replacement trees shall meet the American Standards for Nursery Stock relatinq to quality of stock and appropriate sizinq of the root ball for balled and burlapped and spade~moved trees. b. Trees planted in accordance with mitiqation requirements shall not be comprised of more than 25 percent of the same species or size unless approved by the city. c. Replacement trees shall be planted on the same propertv from which the trees were removed. If the Citv determines. at its sole discretion. that the number of replacement trees to be planted exceeds the number of trees that can be accommodated practically on~site. off~site plantinq may occur at locations to be determined bv the City. or a fee in lieu of off~site plantinq mav be required as provided in paraqraph d below. d. Where tree replacement on~site is not practical and a suitable off~site location cannot be determined bv the City. a fee in lieu thereof mav be assessed for the replacement required. The fee amount shall be the cost of materials and installation tree. plus ten (10) percent. and shall be provided bv the applicant and approved by the City. Ail funds collected shall be expended exclusivelv for implementation of the qoals listed in Subd. 1 of this section. e. Development that is subiect to the landscape requirements in Section 1325.05 of the Zoninq Code may count preserved trees towards the required landscapinq plan. The plantinq of trees for mitiqation shall be in addition to the landscape requirements of Section 1325.05. f. The required mitiqation trees shall be replaced bv the propertv owner or oriqinal developer If thev have died or have severely declined after the second full qrowinq season followinq installation. A tree shall be considered to be severelv declined if more than 25 percent of the crown has died. Subd. 7 General Tree Protection Standards. A. Prior to Construction. Before construction. qradinq or land clearinq beqins: trees or tree areas that are to be preserved shall be visiblv marked and the citv~apProved tree protection fencinq or other method shall be installed and maintained at the critical root zones of the trees to be protected. The location of the fencinq shall be in conformance with the approved tree preservation plan. This fencinq shall be inspected bv city staff before site work beqins. B. Durinq Construction. The followinq activities shall be prohibited within the critical root zone areas of trees to be protected. 1. Trenchinq: Proposed - March 19, 2008 5 2. Temporarv storaae of any construction materials or chemicals: and 3. The routina or parkina of heavy equipment. includina cars. trucks. bulldozers and construction trailers. 4. Sediment and erosion control. All sediment and erosion~control silt fencina or straw bales shall be placed at the limits of aradina or where needed to minimize the deposition of sediment within the drip line of the protected treels). 5. Attachina protective devices. sians. etc.. to trees is prohibited. No protective devices. sians. utilitv poies or lines. or other obiects shall be nailed or attached to any trees that are to be preserved. 6. Other actions prohibited. Any other action within the drip line of the protected treels) that may result in the severina of roots or compaction of soil. or that may impede the free access of air and water to tree roots. shail be prohibited. C. Pondina. Water retention pondina mav not be located where there are siahificant trees. unless approved bv the citv. The water retention pondina must be created in a manner that prevents erosion into any nearbv water resource. D. Amendments to Plan. An amendment to the tree preservation plan shall be required prior to the removal of trees that were desianated for preservation on the oriainal tree preservation plan. The amendment shall be subiect to Citv approval prior to implementation. Proposed - March 19, 2008 6 Attachment C Ordinance 2008-007 ~ --A~HILLS April 28, 2008, City Council Meeting City of Arden Hills Chapter 13 Zoning Code CITY OF ARDEN HILLS RAMSEY COUNTY STATE OF MINNESOTA ORDINANCE NO. 2008.007 AN ORDINANCE AMENDING LANDSCAPE REQUIREMENTS AND REGULATIONS IN THE CITY'S ZONING CODE The Arden Hills City Council hereby ordains that Chapter 13, Section 1305.04 and Section 1325.055, ofthe Arden Hills City Code and its subdivisions are hereby amended and repealed to read as follows: Tree Preservation Ordinance 1305.04 Definitions. Critical Root Zone. The minimum area around a tree that should remain undisturbed. To calculate the critical root zone, measure the tree's caliper inches. For each caliper inch of tree, 1.5 feet of root radius must be protected. For example, if a tree's is 10 caliper inches, then its critical root radius is 15 feet (10 x 1.5 = 15). The critical root zone is 30 feet. Caliper Inches. The diameter of a tree measured at 4.5 feet above the ground. Significant Tree. A tree that is important to the site and the neighborhood character, that is structurally sound and healthy, and that meets at least one of the following standards: a. A deciduous hardwood tree that is at least ten (10) caliper inches, including but not limited to, ironwood, catalpa, oak, hard maple, walnut, hickory, birch, black cherry, hackberry, locust and basswood. b. A deciduous softwood tree that is at least twelve (12) caliper inches, including but not limited to, cottonwood, poplars/aspen, box elder, willow, silver maple and elm. c. A coniferous evergreen tree having foliage on the outermost portion of the branches year- round and which is at least fifteen (15) feet or more in height. d. A group of deciduous trees that are at least eight (8) caliper inches or coniferous trees that are at least fifteen (15) feet in height, that provide a buffer or screening along an adjacent public street or between differing land uses. 1325.055 Tree Preservation. Subd. 1 Findings, Purpose and City Authority. A. Findings and Purpose. The purpose of this section is to identify trees that are to be saved when development or land disturbing activity is occurring. It is the City's intent to protect, preserve, and enhance the natural environment of Arden Section 1325.055 - Tree Preservation Adopted: April 28, 2008 Page I of7 City of Arden Hills Chapter 13 Zoning Code Hills and to encourage a resourceful and prudent approach to development. The city council finds it is in the best interest of the city to protect, preserve, and enhance the natural environment of the community and to encourage a resourceful and prudent approach to development and property alteration. In the interest of achieving these objectives, the city has established the comprehensive tree preservation regulations herein to promote the furtherance of the following: 1. Protect and preserve the environment and natural beauty of the City; 2. Minimize tree and habitat loss during development and construction; 3. Establish minimum standards for tree preservation and the mitigation of environmental impacts resulting from tree removal; 4. Enforce tree preservation standards to promote and protect the public health, safety and welfare of the community. 5. Increase and maintain property values; 6. Enhance energy conservation through natural insulation and shading; 7. Prevent or reduce soil erosion, sedimentation and stormwater runoff; 8. Protect privacy by maintaining buffers between land uses; and 9. Preserve the variety and extent of trees which exist in the City and which are an integral part of this City's identity. B. City Authority. To preserve protected trees, the City may: 1. require and enforce a tree preservation plan as described below; 2. specify trees or groups of trees for preservation; 3. specify grading limits; 4. require the clustering of buildings or the relocation of roads, drives, buildings, utilities or storm water facilities when this would preserve protected trees; 5. specify time periods in which tree cutting, trimming or injury may not occur in order to prevent the spread of disease; and 6. require easements to ensure that groups of significant trees are not destroyed after the development has been approved. Subd.2 Tree Preservation Plan. A. Scope. A Tree Preservation Plan is required as part of an application for: 1) New building construction in any zoning district; Section 1325.055 - Tree Preservation Adopted: April 28, 2008 Page 2 of7 2) An expansion of an existing building or hard surface by ten percent or greater, where an approved tree preservation plan is not on file with the city; City of Arden Hills Chapter 13 Zoning Code 3) Any project for which a city grading permit or erosion control permit is required 4) A plat or minor subdivision. B. Tree Preservation Plan Submission Requirements. A Tree Preservation Plan must include a tree survey certified by a registered land surveyor, landscape architect, or forester. See Appendix A for details on the requirements of a Tree Preservation Plan. Projects on residential sites of fewer than two lots are not required to have tree surveys certified. Applicants are encouraged to consult with city staff concerning preservation of protected trees before developing a Tree Preservation Plan. C. Review Process. The tree preservation plan shall be reviewed by the city to assess the best possible layout to preserve significant trees and to enhance the efforts to minimize damage to significant trees. The applicant shall meet with city staff 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 thCjt the fewest significant trees are destroyed or damaged. Subd. 3 Performance Guarantee. D. Any applicant required to submit a tree preservation plan shall provide the required performance guarantee following preliminary approval of the tree preservation plan and prior to any construction and/or grading to insure completion and maintenance of all landscaping and trees in accordance with the approved tree preservation plan required hereunder. E. The amount of a bond or other approved financial surety shall be 125% of the cost of materials and installation. F. The bond or other financial surety shall be provided prior to the issuance of any building or grading permits and shall be valid for two full years, from the date of installation. G. For any tree that is not in accordance with the approved tree preservation plan at the end of two growing seasons, the applicant shall replace the material to the satisfaction of the city before the guarantee is released. Where this is not done, the city, at its sole discretion, may use the proceeds of the performance guarantee to accomplish performance. Subd. 4 Compliance with 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 grading and construction activity is terminated. A. Tree Removal Prior to Approval. No significant trees shall be removed until a tree preservation plan is approved by the city and except in accordance with the approved tree preservation plan. Section 1325.055 - Tree Preservation Adopted: April 28, 2008 Page 3 of7 City of Arden Hills Chapter 13 Zoning Code B. Inspection. 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. C. Unapproved Tree Loss. If a tree that was required to be preserved is removed or damaged so that it is in a state of decline within two growing seasons from date of project closure, it must be mitigated at a rate of 2: 1, or two caliper inches of trees replaced for every caliper inch of tree removed. This provision also applies to an easement area that is disturbed during or after development. The City may use the performance guarantee to accomplish this. Subd. 5 Tree Removal and Preservation. A. Tree Removal Allowance. Mitigation shall not be required for removing, cutting, or killing trees when: 1. Fewer than ten (10) percent of the caliper inches of the significant trees on the property are cut, removed, or killed 2. There is an existing principal use on the property and no construction, grading, or development is to occur in the location of the removed tree(s) within two years thereafter. 3. The trees to be removed, cut, or killed are identified as diseased or nuisance trees. B. Reduced Requirements. Mitigation requirements can be reduced as determined by the City Council when there is a greater public good such as; 1. Allowing for LEED Certified architectural practices; 2. Providing affordable housing; 3. Allowing for a public road or trail; or 4. Providing for a public utility service. D. Planned Unit Developments. A PUD plan for a new subdivision will be approved only if it demonstrates that the new subdivision has a reasonable number of lots or units and has lot lines and building pads that minimize tree loss. Mitigation must be provided for any removal of significant trees. E. Diseased and Nuisance Trees. Prior to grading, all diseased and nuisance trees on the subject property shall be removed from the property at the time of grading and prior to the commencement of building construction. Diseased and nuisance trees shall not count toward calculation of significant tree inventory. F. Removal of Trees Prior to Application Submittal. A tree that was removed or otherwise destroyed by unnatural causes within two years before a development application will be regarded as if it were present at the time of construction or a development application. Section 1325.055 - Tree Preservation Adopted: April 28, 2008 Page 4 of7 City of Arden Hills Chapter 13 Zoning Code Subd. 6 Approved Tree Mitigation. A. Mitigation Standards. Mitigation for tree removal of significant trees must meet the following specific standards; 1. Mitigation Rate. Significant live trees lost or reasonably anticipated to be lost as a result of building, construction, or grading immediately or in the future, shall be replaced by the property owner by planting that number of caliper inches of trees ("replacement trees") determined at a rate of 1:2 or one inch replaced for every two inches lost. The trees required to be replaced pursuant to this Section shall be in addition to any other trees required to be planted pursuant to any other provision of the Code. 2. Mitigation Species. Replacement trees shall be of a species similar to the trees which are lost or removed and shall include those species pre-approved in writing by the City. The City maintains a list of trees provided for guidance in selection of trees and shrubs. 3. General Mitigation Standards. a. All replacement trees shall meet the American Standards for Nursery Stock relating to quality of stock and appropriate sizing of the root ball for balled and burlapped and spade-moved trees. b. Trees planted in accordance with mitigation requirements shall not be comprised of more than 25 percent of the same species or size unless approved by the city. c. Replacement trees shall be planted on the same property from which the trees were removed. If the City determines, at its sole discretion, that the number of replacement trees to be planted exceeds the number of trees that can be accommodated practically on-site, off-site planting may occur at locations to be determined by the City, or a fee in lieu of off-site planting may be required as provided in paragraph d below. d. Where tree replacement on-site is not practical and a suitable off-site location cannot be determined by the City, a fee in lieu thereof may be assessed for the replacement required. The fee amount shall be the cost of materials and installation tree, plus ten (10) percent, and shall be provided by the applicant and approved by the City. All funds collected shall be expended exclusively for implementation of the goals listed in Subd. 1 of this section. e. Development that is subject to the landscape requirements in Section 1325.05 of the Zoning Code may count preserved trees towards the required landscaping plan. The planting of trees for mitigation shall be in addition to the landscape requirements of Section 1325.05. f. The required mitigation trees shall be replaced by the property owner or original developer if they have died or have severely declined after the second full growing season following installation. A tree shall be considered to be severely declined if more than 25 percent of the crown has died. Section 1325.055 - Tree Preservation Adopted: April 28, 2008 Page 5 of7 City of Arden Hills Chapter 13 Zoning Code Subd. 7 General Tree Protection Standards. A. Prior to Construction. Before construction, grading or land clearing begins; trees or tree areas that are to be preserved shall be visibly marked and the city- approved tree protection fencing or other method shall be installed and maintained at the critical root zones of the trees to be protected. The location of the fencing shall be in conformance with the approved tree preservation plan. This fencing shall be inspected by city staff before site work begins. B. During Construction. The following activities shall be prohibited within the critical root zone areas of trees to be protected. 1. Trenching; 2. Temporary storage of any construction materials or chemicals; and 3. The routing or parking of heavy equipment, including cars, trucks, bulldozers and construction trailers. 4. Sediment and erosion control. All sediment and erosion-control silt fencing or straw bales shall be placed at the limits of grading or where needed to minimize the deposition of sediment within the drip line of the protected tree(s). 5. Attaching protective devices, signs, etc., to trees is prohibited. No protective devices, signs, utility poles or lines, or other objects shall be nailed or attached to any trees that are to be preserved. 6. Other actions prohibited. Any other action within the drip line of the protected tree(s) that may result in the severing of roots or compaction of soil, or that may impede the free access of air and water to tree roots, shall be prohibited. C. Ponding. Water retention ponding may not be located where there are significant trees, unless approved by the city. The water retention ponding must be created in a manner that prevents erosion into any nearby water resource. D. Amendments to Plan. An amendment to the tree preservation plan shall be required prior to the removal of trees that were designated for preservation on the original tree preservation plan. The amendment shall be subject to City approval prior to implementation. Section 1325.055 - Tree Preservation Adopted: April 28, 2008 Page 6 of7 City of Arden Hills Chapter 13 Zoning Code The Arden Hills City Council further directs that a copy of this Ordinance which highlights the changes to Chapter 13. Section 1325.055, and a version of Chapter 13, Section 1325.055 as amended and repealed, be attached to this Ordinance and maintained in the book of Ordinances for the City of Arden Hills. ADOPTION DATE: Passed by the Arden Hills City Council on the 28th day of April, 2008. EFFECTIVE DATE: This Ordinance shall be effective the day following its publication. Dated: ,2008 Stanley D. Harpstead, Mayor ATTEST: James Willis, Interim City Administrator PUBLICATION DATE: Published on the 7th day of May, 2008 Section 1325.055 - Tree Preservation Adopted: April 28, 2008 Page 7 of7 Attachment D Summary of Ordinance 2008-007 for Publication ~ ~HILLS April 28, 2008, City Council Meeting CITY OF ARDEN HILLS COUNTY OF RAMSEY STATE OF MINNESOTA SUMMARY OF ORDINANCE NO. 2008-007 On the 28th day of April, 2008, the Arden Hills City Council adopted Ordinance No. 2008-003, and by at least three/fifths affirmative votes pursuant to Minn. Stat. S4l2.l9l, Subd. 4, directed that a summary of Ordinance 2008-007 be published. Chapter 13, Section 1305.04 and Section 1325.055, and related subdivisions are collectively known as, Ordinance 2008-007, entitled "Tree Preservation Ordinance". The primary purpose of the amendment is to add Tree Preservation Regulations to the Zoning Code. A full copy of Ordinance 2008-007 is available for inspection by any person during regular business hours at the office ofthe City Administrator, 1245 West Highway 96, Arden Hills, Minnesota 55112. The Ordinance is also available online at http://www.ci.arden- hills.mu.us.