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2 <br /> <br /> <br />PROPOSAL DETAILS: <br />Sections under review: <br />• 105.12.470 – Tree Preservation <br />• 105.12.480 – Landscape Requirements <br /> <br />ANALYSIS OF PROPOSALS: <br />Proposed language is underlined. Deleted language is shown with a strikethrough. <br /> <br /> <br />105.12.470 – Tree Preservation <br />Proposed Language: <br />a) Purpose. Within the City of Lake Elmo, trees and woodlands are considered a valuable asset to the <br />community. The City places a priority on protecting this asset and finds that it is in the best interest to <br />regulate the development and alteration of wooded areas within the community. All applicants shall comply <br />with all the provisions in the Zoning Code which address the preservation of existing significant trees, <br />including this section. All applicants shall demonstrate a good faith effort to maximize tree preservation <br />during the development review phase and shall avoid a mass-grading approach to site development where <br />possible. Applicants are encouraged to preserve all healthy trees of significant value even if the trees do not <br />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 <br />ascribed to them in 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 <br />including preliminary plat, final plat, conditional use permit, interim use permit, planned unit development, <br />variance or grading permit. <br /> <br />Common tree means and includes Ash, Aspen, Basswood, Catalpa, Elm, Hackberry, Locust, Poplar, Silver <br />Maple, Willow 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 <br />of the branches 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 <br />in the topography or existing soil cover (both vegetative and non -vegetative) that may result in accelerated <br />stormwater runoff, leading to soil erosion and movement of sediment into sur face water or drainage systems. <br />Examples of construction activity may include clearing, grading, filling, excavating, building construction <br />and landscaping. <br /> <br />Construction damage means any action such as filling, scraping, trenching, or compacting the soil around <br />trees or wounding 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 <br />(1) foot per one (1) inch of tree diameter. E.g., a 20 -inch diameter has a critical root zone with a radius of <br />twenty (20) feet. <br /> <br />Deciduous hardwood tree means a tree that loses its foliage or leaves annually such as Birch, Cherry, <br />Hickory, Ironwood, Hard Maples, Oak and Walnut. <br /> <br />Development means any activity or proposal that requires City approval of a preliminary plat, final plat, <br />building permit, demolition permit, conditional use permit, interim use permit, planned unit development,