04/26/2000 Env Bd Packet - Laserfiche WebLink

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• • MEMORANDUM April 21, 2000 to: Environmental Board from: Jeff Smyser subject: Tree Replacement Requirements of New Tree Preservation Ordinance cc: Marty Aslesen, Julie Farnham, John Powell On page 9 of the draft of the new ordinance, you'll see `B. Location of Replacement Trees ". Paragraph two requires off -site replacement if there is insufficient area on site. Paragraph three allows for an "in lieu" payment if trees are not replaced somewhere. You'll find some correspondence with the City Attorney attached to the 4/18/00 draft of the tree ordinance. Requiring replacement off site or requiring cash in lieu of replacement probably exceeds our authority under state law. After receiving Bill Hawkins' April 11 letter, I spoke with him further. A quick summary: off -site trees do not benefit the developer's land, nor does using the developer's cash to plant trees elsewhere. This is not allowed in Minnesota unless specifically addressed under state law. For example, state law specifically allows a city to require park and roadway dedications. Alternatively, I suggest we require all tree replacement on site. If there is not enough land immediately available for the replacement in areas such as parks, boulevards, and private open space, the developer can offer free trees to lot buyers to plant on individual lots after the house is built. This would ensure tree replacement on the development site. It also would be a nice bonus offer for lot buyers. If the developer doesn't provide the replacement trees, the City could draw from the letter of credit (see page seven of the draft) and provide trees to the lot owners. We would like to keep this ordinance moving through the approval process so that we can use it this building season. With the Environmental Board's understanding of the intent, we can refine the tree replacement language in the draft to clarify that replacement will occur on site. This will be done before the draft goes to the Planning & Zoning Board on May 10. 600 Town Center Parkway, Lino Lakes, Minnesota 55014 -1182 Phone: 651 - 982 -2400 • Fax: 651 - 982 -2499 • TDD: 651 - 982 -2410