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#04 - Landscaping Zoning Text Amendment
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#04 - Landscaping Zoning Text Amendment
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4 <br /> <br />the area of development, and the measures proposed to protect the significant and specimen trees that are to be saved. <br />The applicant shall have the tTree pPreservation pPlan superimposed on the proposed development grading plan. <br /> <br />Woodland evaluation report means a report prepared by a certified forester, landscape architect licensed by the State <br />of Minnesota, forester or land surveyor indicating the general location, condition, and species of significant trees on a <br />parcel planned for future development or grading activity. The report must demonstrate that there will be no impact to <br />existing significant trees as part of the development or grading activity. Finally, the report must include the measures <br />proposed to protect significant trees on the site. <br />c) Tree preservation standards for developing properties. <br />1) Applicability. <br />a. A tTree pPreservation pPlan, or suitable alternatives as determined by the City, shall be <br />submitted and approved by the City for the following activities: <br />1. New development or redevelopment in any Zoning District. A Tree Preservation <br />Plan shall be required as part of any new development, redevelopment, or <br />subdivision application. <br />2. Any grading or excavation project that results in the movement of greater than <br />400 cubic yards of material per acre of site per Lake Elmo Code Section <br />105.08.060. <br />3. If the applicant is able to demonstrate that the proposed development, <br />redevelopment, construction activity or grading activity includes no impact to the <br />significant trees on the site, then the applicant may be exempt from the <br />requirement to submit a Tree Preservation Plan. It is the responsibility of the <br />applicant to demonstrate that there are no impacts to significant trees through a <br />Woodland Evaluation Report or some other form of tree survey or study. <br />The Tree Preservation Plan shall reflect the applicant's best effort to determine the most <br />feasible and practical layout of lots, buildings, parking lots, driveways, streets, storage, storm <br />water management facilities and other physical features, so the fewest significant and <br />specimen trees are destroyed or damaged. <br />b. A Tree Preservation Plan is not required for the following activities: <br />1. The issuance of a development approval for the construction of a single-family <br />residence on an existing platted lot of record. <br />2. The harvesting of trees. For the purposes of this section, "harvesting" means <br />cutting or clearing trees for purposes relating to forestry operations, as defined in <br />Lake Elmo Code Section 105.12.110. "Harvesting" does not include the clearing <br />of land for purposes of development, even where the trees are sold for purposes of <br />creating lumber for related purposes. <br />3. Additions to single-family homes, general homes improvements and the <br />construction of accessory buildings (i.e., garages, sheds) on residential properties. <br /> <br />4. Home gardens or an individual's home landscaping, installation, repairs, or <br />maintenance work. <br /> <br />5. Tree removal related to public improvement projects and maintenance or repairs <br />to existing streets, roadways, sewers, parks, storm water facilities and utility <br />infrastructure. <br /> <br />6. Emergency removal of trees to protect the public health and safety or to alleviate <br />immediate dangers to life, limb, property, or natural resources. <br /> <br />7. Tree removal related to public improvement projects to restore or enhance <br />woodlands, savannas, or prairies. <br /> <br />8. Removal of dead or dying trees, unless those trees were planted as part of tree <br />replacement in which case the property owner shall replace such trees based on
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