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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 2 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 3 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: III 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. 5 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 A 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. 7