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HomeMy WebLinkAbout2008-007City of Arden Hills Chapter 13 Zoning Code CITY OF ARDEN HILLS RAMSEY COUNTY STATE OF MINNESOTA ORDINANCE NO. 2008-007 AN ORDINANCE ADDING TREE PRESERVATION TO THE CITY'S ZONING CODE The Arden Hills City Council hereby ordains that Chapter 13, Section 1305.04 and Section 1325.055, of the Arden Hills City Code and its subdivisions are hereby amended and repealed to read as follows: Tree Preservation Ordinance 1BiQ4111Mo SililfitfM, Critical Root Zone.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, poplarslaspen, 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 1 of 7 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; 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; Section 1325.055 — Tree Preservation Adopted: April 28, 2008 Page 2 of 7 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 that the fewest significant trees are destroyed or damaged. Subd. 3 Performance Guarantee. A. 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. B. The amount of a bond or other approved financial surety shall be 125% of the cost of materials and installation. C. 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. D. 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. 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 Section 1325.055 — Tree Preservation Adopted: April 28, 2008 Page 3 of 7 City of Arden Hills Chapter 13 Zoning Code 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. C. 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. D. 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. E. 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. Subd. 6 Approved Tree Mitigation. Section 1325.055 — Tree Preservation Adopted: April 28, 2008 Page 4 of 7 City of Arden Hills Chapter 13 Zoning Code 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. Subd. 7 General Tree Protection Standards. Section 1325.055 — Tree Preservation Adopted: April 28, 2008 Page 5 of 7 City of Arden Hills Chapter 13 Zoning Code 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 of 7 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. ti Dated: 1 �s , 2008 ATTEST: me 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 of 7