HomeMy WebLinkAbout4.g. Tree Preservation OrdinanceCity of Rosemount
Executive Summary for Action
City Council Meeting Date: September 3, 1996
Agenda Item: Tree Preservation Ordinance
Agenda Section:
CONSENT
Prepared By: Dan Rogness
Agenda No:
Community Development Director
i T EM .µ 4 —
Attachments: Proposed Ordinance
Approved By:
Staff has been working with City Attorney Lefevere on revised language (since the
Planning Commission's recommendation) that clarifies this ordinance. Therefore, I would
like to highlight the following changes:
1. The current zoning ordinance, Section 8.3.E lists two items related to "woodland
preservation". Item #1 will be moved to the text of the new ordinance (5.g), and item #2
will be moved to another previous section of 8.3... "C. Minimum Planting Standards".
2. The definitions will be included as the first item in the new ordinance rather than
adding them to the Definitions, Section 3.2, of the zoning ordinance since they pertain
strictly to the tree preservation section. The definition of "Builder" was eliminated.
3. The definitions of "Developer" and "New Development" have been revised to make
it clear that these terms refer to plats and grading permits. Furthermore, "Developer" does
not exclude public agencies, but "New Development" exempts public street/utility projects.
4. Item #2 (Application) in the new ordinance clarifies the fact that preliminary plats
approved by the City before the adoption of this ordinance are exempt.
5. Item #4 (Process) now allows staff review of the tree preservation plan that
accompany grading permits, but an applicant can appeal that decision to the city council.
6. Item #8 (Removal) and item #10 (Replacement) will allow the city to eliminate trees
from these requirements based on a determination of "garbage" trees.
Recommended Action: MOTION to ADOPT ORDINANCE NO. B- , AN ORDINANCE
AMENDING THE CITY ZONING CODE ORDINANCE B ENHANCING EXISTING
TREES BY PRESERVING SIGNIFICANT TREES AND WOODLANDS.
Council Action:
CITY OF ROSEMOUNT
STATE OF MINNESOTA
ORDINANCE NO. B-
AN ORDINANCE AMENDING THE CITY ZONING CODE ORDINANCE B
ENHANCING EXISTING TREES BY PRESERVING SIGNIFICANT
TREES AND WOODLANDS
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA ORDAINS AS
FOLLOWS:
SECTION 1. Section 8.3.C., "Minimum Planting Standards", Ordinance No. B, City of
Rosemount Zoning Ordinance, is amended by adding the following:
11. Credit for the retention of existing trees which are of acceptable species, size and
location may be given to satisfy the minimum number of requirements set for in this
ordinance.
SECTION 2. Section 8.3.E., "Woodland Preservation Policy and Credit", Ordinance N. B, City
of Rosemount Zoning Ordinance, is repealed and the following substituted therefor:
E. Tree Preservation:
1. Definitions: For purposes of this Section 8.3.E, the following definitions shall
apply:
CANOPY OF TREE:
CONIFEROUS/EVERGREEN TREES
CONSTRUCTION AREA:
The horizontal extension of a tree's branches and
foliage in all directions from its trunk and upper -
layer of green crown.
A woody plant bearing seeds and cones often times,
but not always, retaining foliage throughout the
year.
Any area in which movement of earth, alteration in
topography, soil compaction, disruption of
vegetation, change in soil chemistry, or any other
change in the natural character of the land occurs as
a result of site preparation, grading, building
construction or any other construction activity.
DECIDUOUS/HARDWOOD TREES: A woody plant which has a defined crown, and
which loses leaves annually.
DEVELOPER: Any person or entity who undertakes to improve a
parcel of land, by platting for the purposes of
establishing two or more dwelling units, or grading
which requires a grading permit.
DIAMETER OF DECIDUOUS TREE
The length of a straight fine measured through the
trunk of a tree at twenty-four (24) inches above the
ground.
DRIP LINE OR ROOT ZONE OF A TREE: An imaginary vertical line which extends from the
outermost branches of a tree's canopy to the
ground.
FORESTER: A person holding at least a Bachelor's degree in
forestry from an accredited four-year college of
forestry or any official appointed by the City.
HEALTHY TREE:
LANDSCAPE ARCHITECT:
NEW DEVELOPMENT:
NURSERYMAN:
SIGNIFICANT TREE:
SIGNIFICANT WOODLAND
Average or better condition and vigor for area.
A person licensed by the State of Minnesota as a
Landscape Architect.
A piece of property that is being platted for the
purpose of establishing urban residential use with
two or more dwelling units or is being improved by
grading which requires a grading permit. This
definition does not apply to Agricultural lot splits or
to public street/utility projects.
A person licensed by the State of Minnesota as a
Nurseryman.
A healthy tree measuring a minimum of four (4)
inches in diameter for Deciduous Trees measured at
twenty-four (24) inches above the ground, and a
minimum of 6 feet in height for Coniferous/Ever-
green Trees.
A grouping or cluster of six or more Significant
Trees with a contiguous drip -line in the case of
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Deciduous Trees, six or more Significant Coniferous
Trees, or a mixture of the two types of trees
occupying at least seven hundred fifty (750) square
feet of property or less if the trees are part of a DNR
designated wildlife corridor.
2. Application: The provisions of this ordinance shall apply to all New
Development, except for preliminary plats approved by the City prior to the
adoption of this ordinance.
3. Process: Unless otherwise determined by the City Council, the following
process for preserving trees shall be required from the developer:
a. Prepare a tree preservation plan which shall be incorporated on the
grading plan.
b. Implement the tree preservation plan prior to and during site
development.
c. Submit a performance of financial guarantee for compliance with the
approved tree preservation plan.
d. Comply with the City's tree replacement procedure.
The tree preservation plan shall be submitted with preliminary plat plans or as part
of the application for a grading permit. The tree preservation plan must be
certified by a Forester, Landscape Architect, or Nurseryman retained by the
Developer.
The plat and grading plans will not be approved by the City without an approved
tree preservation plan. In the case of grading permit applications, the tree
preservation plan will be approved by City staff. This decision may be appealed
directly to the City Council.
4. Tree Preservation Plan: The Developer shall be responsible for implementing
the tree preservation plan prior to and during site grading and plan development.
The tree preservation plan will be reviewed by City Staff to assess the best overall
design for the project taking into account Significant Trees and Significant
Woodlands and ways to enhance the efforts of the Developer to mitigate
corresponding damage. The Developer is encouraged to meet with staff prior to
submission of the preliminary plat application or prior to application for the
grading permit, whichever is sooner, to determine the placement of buildings,
parking, driveways, streets storage and other physical features which result in the
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fewest Significant Trees and Significant Woodlands being destroyed or damaged.
The tree preservation plan shall include the following items:
a. The name(s) and address(es) of property owners and Developers.
b. Delineation of the buildings, structures, or impervious surfaces situated
thereon or contemplated to be built thereon.
c. Delineation of all areas to be graded and limits of land disturbance.
d. Size, species, and location of all Significant Trees and Significant
Woodlands located within the area to be platted or the parcel of record.
e. Identification of all Significant Trees and Significant Woodlands on all
individual lots. (The Developer shall be required to submit a list of all lot
and block numbers identifying those lots).
f. Measures to protect Significant Trees and Significant Woodlands.
g. Identification of all Significant Trees and Significant Woodlands
proposed to be removed within the construction area.
h. Size, species, and location of all replacement trees to be planted on the
property in accordance with the tree replacement schedule.
i. Signature of the person preparing the plan and statement which includes
acknowledgment of the fact the trees to be used as replacements are
appropriate species with respect to survival of the replacement trees.
5. Mandatory Protection: Measures to protect Significant Trees and Significant
Woodlands shall include:
a. Installation of snow fencing, silt fence, or polyethylene laminate
safety netting placed at the Drip Line of Significant Trees and
Significant Woodlands to be preserved.
b. 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 tree wound sealant.
6. Discretionary Protection: Measures to preserve or protect Significant Trees
and Significant Woodlands, which may be required by the City, include, but are not
limited to:
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a. Installation of retaining walls or tree wells to preserve trees by
eliminating the filling or cutting of soil within drip zones.
b. Placement of utilities in common trenches outside of the Drip Line of
Significant Trees, or use of tunneled installation.
c. Prevention of change in soil chemistry due to concrete washout and
leakage or spillage of toxic materials, such as fuels or paints.
d. Use of tree root aeration, fertilization, and/or irrigation systems.
e. Transplanting of Significant Trees into a protected area for later moving
into permanent sites within the Construction Area.
f. Therapeutic pruning.
7. Significant Tree/Woodland Removal: Significant Tree and Significant
Woodlands removal shall be in accordance with the City -approved tree
preservation plan. This removal rate does not apply to unhealthy trees or to trees
that the City may consider to be inferior in quality, including, but not limited to,
Box elder, Cottonwood and Poplar. The plan should remove no more than 25%
of the total number of Significant Trees and/or Significant Woodlands which were
existing prior to the preliminary plat as a result of the following construction
activities, approved by the City as a part of a preliminary plat:
a. Site grading
b. Installation of public utilities including sanitary sewer, storm sewer,
water, natural gas, electrical service, and cable TV.
c. Construction of public streets.
d. Construction/grading of drainage ways.
e. Filling of any area.
f. Any other activity within the Construction Area.
Where practical difficulties or practical hardships result from strict compliance
with the provisions of this paragraph, City Staff may permit the removal of up to
an additional 5% of the Significant Trees and/or Significant Woodlands without
requiring a variance approval by the City Council.
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8. Financial Guarantee: Refer to Zoning Ordinance B Section 8.3.G.
9. Replacement Procedure: Developers shall be required to replace the Significant
Trees and Significant Woodlands (other than those trees that the City may consider
to be inferior in quality, including, but not limited to, Box elder, Cottonwood and
Poplar) which were indicated on the tree preservation plan to be saved, but were
ultimately destroyed or damaged up to a year after the development is complete.
Significant Trees and Significant Woodlands that suffered immediate destruction
must be replaced prior to a certificate of occupancy being issued. The developer
shall be required to replace each of the Significant Trees destroyed or damaged
with (2) replacement trees. In the case of a Significant Woodland being damaged
or destroyed the amount of square footage removed must be replaced. Species
available to nurseries most similar to lost tree types must be used. Staff may refuse
replacement material. Replacement trees must be trees that consist of nursery
stock and be no less than the following sizes:
a. Deciduous trees - no less than two (2) inches in diameter.
b. Coniferous trees - no less than six (6) feet high.
Replacement trees shall not be placed on easements or street rights -of -ways; the
City, however, reserves the right to plant and care for trees planted in public right-
of-ways. City Staff can assist in the siting of replacement trees. Should placing
the replacement trees on a site, once the site has been developed, prove difficult or
impossible, the trees will be placed on public property at the direction of City Staff.
Replacement trees shall meet the approval of staff. The following list of materials
are acceptable. Other selections may be approved by Staff.
Deciduous Trees:
Small Trees
Lilac
Crabapple
Hawthorne
Plum
Serviceberry
Coniferous Trees
Medium Trees
Linden (Bass Wood)
Green Ash
Honey Locust
Hackberry
River Birch
Fir
Pine
European Larch
Large Trees
Maples (No Silver Maple)
Kentucky Coffee Tree
Bur Oak
Spruce
Canadian Hemlock
Cedar
10. Other Replacement Tree Requirements: Choice of replacement trees species
and location of the trees should also be contingent on the following information:
CA
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a. Soil Composition: Comparisons should be made between soil conditions
and the ecology of the proposed species to make sure they are compatible.
b. Spatial Requirements: The potential height and crown spread of the
proposed replacement trees should be known. Usually, half of the adult
tree crown diameter is the amount of distance a tree should be planted from
any above ground objects.
c. Diseases and Insect Problems: Appropriate replacement choices shall
also consider insect and disease problems that may be common with
particular species in the part of the State in which the City of Rosemount is
located.
SECTION 3. This ordinance shall be effective immediately upon its passage and publication
according to law.
Enacted and ordained into an Ordinance this 3rd day of September, 1996.
Cathy Busho, Mayor
ATTEST:
Susan M. Walsh, City Clerk
Published this day of , 1996 in the Rosemount Town Pages.
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