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CITY OF LAKE ELMO
<br />COUNTY OF WASHINGTON
<br />STATE OF MINNESOTA
<br />
<br />ORDINANCE NO. 2025-01
<br />
<br />AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE FOR
<br /> ZONING LANDSCAPING SECTIONS 105.12.470 TREE PRESERVATION & 105.12.480
<br />LANDSCAPING REQUIREMENTS
<br />
<br />SECTION 1. The City Council of the City of Lake Elmo hereby amends Title 105 Zoning; Chapter
<br />105.12: Zoning Code, Section 470 Tree Preservation by changing the following section (Proposed
<br />language is underlined, deleted language is shown with strikethrough):
<br />
<br />a) Purpose. Within the City of Lake Elmo, trees and woodlands are considered a valuable asset to the community. The City
<br />places a priority on protecting this asset and finds that it is in the best interest to regulate the development and alterati on of
<br />wooded areas within the community. All applicants shall comply with all the provisions in the Zoning Code which address
<br />the preservation of existing significant trees, including this section. All applicants shall demonstrate a good faith effort to
<br />maximize tree preservation during the development review phase and shall avoid a mass -grading approach to site
<br />development where possible. Applicants are encouraged to preserve all healthy trees of significant value even if the trees do
<br />not meet the size requirements to be considered significant trees.
<br />b) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in
<br />this subsection, except where the context clearly indicates a different meaning:
<br />
<br />Applicant means any person or entity submitting an application to the City for approval of a land use permit including
<br />preliminary plat, final plat, conditional use permit, interim use permit, planned unit development, variance or grading permi t.
<br />
<br />Common tree means and includes Ash, Aspen, Basswood, Catalpa, Elm, Hackberry, Locust, Poplar, Silver Maple, Willow
<br />and any other tree not defined as a hardwood deciduous tree or a coniferous/evergreen tree.
<br />
<br />Coniferous/evergreen tree means a wood plant, which, at maturity, having foliage on the outermost portion of the branches
<br />year-round. Tamaracks are included as a coniferous tree species.
<br />
<br />Construction area means any area in which construction activity has or is occurring.
<br />
<br />Construction activity means any disturbance to the land that results in the movement of earth, the alteration in the topography
<br />or existing soil cover (both vegetative and non -vegetative) that may result in accelerated stormwater runoff, leading to soil
<br />erosion and movement of sediment into surface water or drainage systems. Examples of construction activity may include
<br />clearing, grading, filling, excavating, building construction and landscaping.
<br />
<br />Construction damage means any action such as filling, scraping, trenching, or compacting the soil around trees or wounding
<br />trees in such a manner that it may result in the eventual death of the tree.
<br />
<br />Critical root zone (CRZ) means an imaginary circle surrounding the tree trunk with a radius distance of one (1) foot per one
<br />(1) inch of tree diameter. E.g., a 20-inch diameter has a critical root zone with a radius of twenty (20) feet.
<br />
<br />Deciduous hardwood tree means a tree that loses its foliage or leaves annually such as Birch, Cherry, Hickory, Ironwood,
<br />Hard Maples, Oak and Walnut.
<br />
<br />Development means any activity or proposal that requires City approval of a preliminary plat, final plat, building permit,
<br />demolition permit, conditional use permit, interim use permit, planned unit development, variance or grading permit.
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