HomeMy WebLinkAboutTree and landscape ordinance language 10-19-2020 (2)
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Lake Elmo Tree and landscape ordinance language - proposed amendments
October 22, 2020 (With proposed additions underlined and deletions shown with
strikethrough).
§ 154.250. PURPOSE.
The purpose of this section is to provide regulations of general applicability for property
throughout the City that are intended to protect or enhance natural resources and processes, and
minimize conflicts among land uses.
(Ord. 08-077, passed 5-07-2013)
§ 154.257 TREE PRESERVATION.
A. Purpose. Within the City of Lake Elmo, trees and woodlands are considered a valuable
asset to the community. The City places a priority on protecting this asset and finds that it
is in the best interest to regulate the development and alteration of wooded areas within
the community. All builders, developers and subdividers shall comply with all the
provisions in the Zoning Code which address the preservation of existing significant
trees. All builders, developers and subdividers are encouraged to preserve all healthy
trees of significant value even if the trees do not meet the size requirements to be
considered significant trees.
B. Definitions. The following words, terms and phrases, when used in this section, shall
have the meanings ascribed to them in this subsection, except where the context clearly
indicates a different meaning:
Common Tree. Includes Ash, Aspen, Basswood, Catalpa, Elm, Hackberry, Locust,
Poplar, Silver Maple, Willow and any other tree not defined as a hardwood deciduous
tree or a coniferous/evergreen tree.
Coniferous/Evergreen Tree. A wood plant, which, at maturity, having foliage on the
outermost portion of the branches year-round. Tamaracks are included as a coniferous
tree species.
Critical Root Zone (CRZ). An imaginary circle surrounding the tree trunk with a radius
distance of one (1) foot per one (1) inch of tree diameter. E.g. a twenty-inch diameter has
a critical root zone with a radius of twenty (20) feet.
Deciduous Hardwood Tree. A tree that loses its foliage or leaves in the winter. These
include Includes Birch, Cherry, Hickory, Ironwood, Hard Maples, Oak and Walnut.
Diameter Breast Height (DBH). The diameter of trees at breast height, measured 4 ½ feet
(54 inches) above the ground.
Drip Line. The farthest distance away from the trunk of a tree that rain or dew will fall
directly to the ground from the leaves or the branches of the tree.
New Construction. A land altering activity that creates impervious surface in an area
where prior to the activity there was minimal or no impervious surface.
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New Development. A land altering activity that creates imperious surface in an area
where there was minimal or no impervious surface.
Nuisance Tree. (1) Any living or standing tree or part thereof infected to any degree with
a shade tree disease (See Shade Tree Disease Below) or shade tree pest; (2) Any logs,
stumps, branches, firewood or other part of dead or dying tree(s) infected with a shade
tree disease or shade tree pest unless properly treated; and (3) Any standing dead trees or
limbs which may threaten human health or property. Also included, are noxious or
invasive trees such as buckthorn, boxelder, and cottonwood.
Ornamental Tree. A small tree, usually less than thirty (30) feet in height at maturity,
often planted for ornamental characteristics such as flowers or attractive bark.
Redevelopment. A construction or land altering activity that creates new or replaces
existing impervious surface, buildings or structures on a parcel that is fully or partially
occupied by buildings, structures and/or other impervious surfaces.
Shade Tree Disease. Dutch elm disease (Ophiostoma ulmi or Ophiostoma novo-ulmi),
oak wilt (Ceratocystis fagacearum), Emerald Ash Borer or any other tree disease of
epidemic nature.
Significant Tree. A healthy tree measuring a minimum of six (6) inches in diameter for
hardwood deciduous trees, 19 ft. in height or eight (8) inches in diameter for
coniferous/evergreen trees, or twelve (12) inches in diameter for common trees, as
defined herein.
Specimen Tree. A healthy, deciduous hardwood tree measuring equal to or greater than
thirty (30) inches in diameter breast height or a healthy coniferous/evergreen tree
measuring equal to or greater than twenty-five (25) feet in height.
Tree. A large woody perennial plant normally with one main trunk and many branches
that is usually 30 feet or more in height at maturity.
Tree Preservation Plan. A plan prepared by a certified landscape architect or forester
indicating all of the significant trees in the proposed development or parcel. The Tree
Preservation Plan includes a tree inventory which includes the size, species, and location
of all significant trees proposed to be saved and removed on the area of development, and
the measures proposed to protect the significant trees to be saved.
Woodland Evaluation Report. A report prepared by a certified landscape architect,
forester, or land surveyor indicating the general location, condition, and species of
significant trees on a parcel planned for future development or grading activity. The
report must demonstrate that there will be no impact to existing significant trees as part of
the development or grading activity. Finally, the report must include the measures
proposed to protect significant trees on the site.
C. Tree Preservation Standards for Developing Properties
1. Applicability.
a. A Tree Preservation Plan, or suitable alternatives as determined by the City,
shall be submitted and approved for the following activities:
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i. New Development or redevelopment in Any Zoning District. A Tree
Preservation Plan shall be required as part of any development, site
redevelopment, large addition or subdivision application. When either
full redevelopment of a site is proposed or an addition that would increase
total floor area on a site by 25 percent or more, a tree preservation plan and
a landscape plan for the entire site, demonstrating compliance with the
requirements of this section and with Section 154.258 , must be submitted
to the City for approval.
ii. Any grading or excavation project that result in the movement of
greater than 400 cubic yards of material per acre of site per §151.017.
iii. If the applicant is able to demonstrate that the proposed development
or major grading activity includes no impact to the significant trees on
the site, then the applicant may be exempt from the requirement to
submit a Tree Preservation Plan. It is the responsibility of the applicant
to demonstrate that there are no impacts to significant trees through a
Woodland Evaluation Report or some other form of tree survey or
study.
b. A Tree Preservation Plan is not required for the following activities:
i. This section does not apply to the issuance of a development approval
for a single-family residence on an existing platted lot of record.
ii. This section does not apply to the harvesting of trees. For purposes of
this section, “harvesting” means cutting or clearing trees for purposes
relating to forestry operations, as defined in §154.012. “Harvesting”
does not include the clearing of land for purposes of development,
even where the trees are sold for purposes of creating lumber for
related purposes.
iii. This section does not apply to building or construction projects with an
addition that would increase total floor area on a site by less than 25
percent. However, if the project would physically impact existing
landscaping, a modified landscape plan for the portion of the site affected
by the addition, demonstrating compliance with the requirements of
Section 154.258 (Landscaping and Screening) must be submitted to the City
for approval.
2. Tree Preservation Plan. All applicants shall submit a tree preservation plan
prepared by a certified forester or landscape architect in accordance with the
provisions of this section. During the review of an application for a building
permit, grading permit or Preliminary Plat, the tree preservation plan will be
reviewed according to the best layout to preserve significant trees and the efforts
of the subdivider to mitigate damage to significant trees.
3. Tree Preservation Plan Requirements. The Tree Preservation Plan shall be a
separate plan sheet(s) that includes the following information:
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a. The name(s), certification(s), telephone number(s) and address(es) of the
person(s) responsible for tree preservation during the course of the
development project.
b. Tree Inventory. The Tree Preservation Plan must include a Tree Inventory
through one of the following methods:
i. Tree Inventory Individual. An individual inventory including an
identification system linked to metal field tags located four and one-
half (4.5) feet from grade on all significant trees must be identified on
a plan sheet in both graphic and tabular form.
ii. Tree Inventory Sampling. In cases of sites with large tracts of
significant trees, the City may approve the use of a sampling inventory
for all or portions of a site as an alternative to an individual inventory.
The sampling inventory must include the methodology for sampling,
identification ribbon around the perimeter of the sampling areas, and
metal field tags located four and one-half (4.5) feet from grade on all
significant trees in the sampling area. Within the sampling area, the
quantity, size, species, health and location of all significant trees must
be identified on a plan sheet in both graphic and tabular form. Based
on sampling, total estimates and locations of healthy significant trees
shall be provided.
iii. Tree Inventory Combination. With the approval of the City, sites that
include both large tracts of significant trees and areas of individual
significant trees may utilize a combination of the individual and
sampling inventory methods.
c. Trees that were planted as part of a commercial business such as a tree farm or
nursery do not need to be inventoried on an individual tree basis. A general
description of the trees and an outer boundary of the planted area must be
provided. The burden of proof shall be on the applicant to provide evidence to
support the finding that the trees were planted as part of a commercial
business.
d. A listing of healthy significant trees inventoried in subsection (b) above.
Dead, diseased or dying trees do not need to be included in the totals.
e. A listing of the healthy significant trees removed, identified by the metal field
tag or some other form of identification used in the tree inventory in
subsection (b) above.
f. A listing of the healthy significant trees to remain, identified by the metal field
tag or some other form of identification used in the tree inventory in
subsection (b) above.
g. Outer boundary of all contiguous wooded areas, with a general description of
trees not meeting the significant tree size threshold.
h. Locations of the proposed buildings, structures, or impervious surfaces.
i. Delineation of all areas to be graded and limits of land disturbance.
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j. Identification of all significant trees proposed to be removed within the
construction area. These significant trees should be identified in both graphic
and tabular form.
k. Measures to protect significant trees and City standard tree protection detail.
l. Size, species, number and location of all replacement trees proposed to be
planted on the property in accordance with the Mitigation Plan, if necessary.
m. Signature of the person(s) preparing the plan.
4. Implementation. All new construction, new development and redevelopment sites
shall be staked, as depicted in the approved Tree Preservation Plan, and the
required tree protection fencing shall be installed around the critical root zone
before land disturbance is to commence. The City has the right to inspect the site
at any time for compliance with the plan. No encroachment, land disturbance,
trenching, filling, compaction, or change in soil chemistry shall occur within the
fenced areas protecting the critical root zone of the trees to be saved.
5. Allowable Tree Removal. Up to thirty (30) percent of the diameter inches of
significant trees on any parcel of land being developed or redeveloped may be
removed without replacement requirements. Replacement according to the Tree
Replacement Schedule is required when removal exceeds more than thirty (30)
percent of the total significant tree diameter inches. The following types of trees
do not need to be included as part of the tally of tree removals:
a. Dead, diseased, or dying trees;
b. Trees that are transplanted from the site to another appropriate area within the
city;
c. Trees that were planted as part of a commercial business, such as a tree farm
or nursery; or
d. Trees that were planted by the current property owner. In making such a
determination, the City shall consider consistency of the age of the trees, any
patterns in the location of trees, historical aerial photography and evidence of
intentional planting such as invoices, formal planting plans or cost sharing
agreements.
6. Mitigation Plan.
a. In any new development, redevelopment or grading project where the
allowable tree removal is exceeded, the applicant shall mitigate the tree loss
by planting replacement trees in appropriate areas within the development in
accordance with the Tree Replacement Schedule.
b. The form of mitigation to be provided by the applicant shall be determined by
the City.
c. The planting of trees for mitigation on residential projects shall be in addition
to any other landscape requirements of the City.
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d. All trees, with the exception of ornamental trees, planted as landscaping on
commercial or mixed-use projects may be counted towards tree replacement
requirements.
7. Tree Replacement Calculations. Thirty (30) percent of the total diameter inches of
significant trees on the site of new construction, new development or
redevelopment may be removed without replacement. Any percentage of trees
removed over 30 shall be replaced. The following calculation procedure must be
used to determine tree replacement requirements:
a. Tally the total number of diameter inches of all significant trees on the site.
b. A calculation must be provided which breaks out the number of inches
removed for hardwood, evergreen/deciduous, and common trees. The 30%
removal figure applies to each category individually and trees are replaced
according to the Tree Replacement Schedule in subsection 8.
8. Tree Replacement Schedule. Tree removals over the allowable tree removal limit
on the parcel or site of new construction, new development or redevelopment
shall be replaced according to the following schedule:
a. Common tree species shall be replaced with new trees at a rate of one-fourth
(1/4) the diameter inches removed.
b. Coniferous/evergreen tree species shall be replaced with new coniferous or
evergreen trees at a rate of one-half (1/2) the diameter inches removed. Since
coniferous species are often sold by height rather than diameter inch, the
following conversion formula can be used:
Height of Replacement Coniferous Tree/2 = Diameter Inches of Credit
c. Hardwood deciduous tree species shall be replaced with new hardwood
deciduous trees at a rate of (1/2) the diameter inches removed.
d. Replacement Tree Size. Replacement trees must meet the minimum sizes
listed in Section 154.258 B (Table 6-1). be a minimum of one (1) inch in
diameter.
9. Species Requirement. The City must approve all species used for tree
replacement. Ornamental trees are not acceptable for use as replacement trees.
Where ten or more replacement trees are required, not more than thirty (30)
percent of the replacement trees shall be of the same species of tree. The planting
of Native species are encouraged, and hardiness and salt tolerance of the plants
should be considered where applicable.
10. Warranty Requirement. Any replacement tree which is not alive or healthy, as
determined by the City, or which subsequently dies due to construction activity
within two (2) years after the date of project closure shall be removed by the
applicant and replaced with a new healthy tree meeting the same minimum size
requirement within eight (8) months of removal.
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11. Protective Measures. The Tree Preservation Plan shall identify and require the
following measures to be utilized to protect significant trees planned for
preservation:
a. Installation of snow fencing or polyethylene laminate safety netting placed at
the drip line or at the perimeter of the critical root zone, whichever is greater,
of significant trees, specimen trees and significant woodlands to be preserved.
No grade change, construction activity, or storage of materials shall occur
within this fenced in area.
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 nontoxic tree wound sealant.
c. Prevention of change in soil chemistry due to concrete washout and leakage or
spillage of toxic materials, such as fuels or paints.
d. Removal of any nuisance trees located in areas to be preserved.
12. Compliance with the Tree Preservation Plan. The applicant shall implement the
Tree Preservation Plan prior to and during any grading or construction. The tree
protection measures shall remain in place until all land disturbance and
construction activity is terminated or until a request to remove the tree protection
measures is made to, and approved by, the City.
a. No significant trees shall be removed until a tree preservation plan is approved
and except in accordance with the approved Tree Preservation Plan.
b. The City shall have the right to inspect the development, redevelopment
and/or building site in order to determine compliance with the approved Tree
Preservation Plan. The City shall determine whether the Tree Preservation
Plan has been met.
c. Instances where (a) significant tree(s) is (are) removed due to new
development, redevelopment, new construction or grading or were disturbed,
which was not noted on the landscaping or tree removal plan will result in a
one to one replacement penalty regardless if it is over the 30% allowance.
D. Financial Security. In cases where mitigation or tree replacement is required, the City
may require that a financial security, in a form acceptable to the City, be provided as part
of a development agreement, site work agreement or applicable permit to ensure
compliance and performance of the Mitigation Plan. The financial security will be
released to the applicant upon verification by the City that the Mitigation Plan was
followed, and that all replacement trees are planted and in a reasonable state of health.
The financial security may be used to replace any replacement trees that have become
damaged or diseased after planting.
E. Exceptions
1. Exception Standards. Notwithstanding the City’s desire to accomplish tree
preservation and protection goals, there may be instances where these goals are in
conflict with other City objectives. These conflicts will most likely occur on
small, heavily-wooded parcels. Developers may ask the City for exceptions to the
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City tree preservation standards through the variance process as indicated in
154.109. The City may grant Exceptions may be granted if all of the following
conditions exist:
a. It is not feasible to combine the subject parcel with adjacent parcels that
could use the parcel as required green space;
b. Strict adherence to the Tree Preservation Ordinance would prevent
reasonable development that is consistent with the Comprehensive Plan and
desirable to the City on the parcel; and
c. The exception requested is the minimum needed to accomplish the desired
development or redevelopment.
2. Reduced Mitigation for Exceptions. If the City approves an exception to the tree
preservation standards is granted, relief from the requirements of the ordinance
may take the form of reduced mitigation requirements, greater allowable tree
removal, higher thresholds for determining significant trees, or any combination
of the above. The City Council will determine which form of relief best balances
the objectives of the City and tree preservation. The Council may require payment
of park dedication fees; the implementation of woodland management practices
by the developer; or the planting of replacement trees on City property by the
developer under direction of the Public Works Director; or a combination of these
methods as a condition of the City approving relief or an exception from the tree
preservation and planting requirements. variance approval.
(Ord. 08-077, passed 5-07-2013)
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§ 154.258 LANDSCAPE AND SCREENING REQUIREMENTS. (With proposed additions
underlined and deletions shown with strikethrough).
Purpose and Intent. The City of Lake Elmo recognizes the health, safety, aesthetic, ecological and
economic value of landscaping and screening. The City intends the provisions of this section to:
(1) Add visual interest to open spaces and blank facades;
(2) Soften dominant building mass;
(3) Provide definition for public walkways and open space areas;
(4) Ensure significant tree canopy shading to reduce glare and heat build-up;
(5) Improve the visual quality and continuity within and between developments;
(6) Provide screening and mitigation of potential conflicts between activity areas and more
passive areas;
(7) Protect and improve property values;
(8) Improve air quality and provide a buffer from air and noise pollution;
(9) Ensure safe and aesthetic treatment of ponding areas;
(10) Enhance the overall aesthetic conditions within the city;
(11) Limit sight line obstructions and drainage conflicts;
(12) Reduce the potential for criminal and illegal activities; and
(13) Prevent conflicts with utilities.
Definitions. The following words, terms and phrases, when used in this section, shall have the
meanings ascribed to them in this subsection, except where the context clearly indicates a
different meaning:
Berm. An earthen mound designed to provide visual interest, screen undesirable view and/or
decrease noise.
Caliper. The diameter of a tree measured six inches above the ground for tree four inches in
diameter or less and measured twelve inches above the ground for tree greater than four inches in
diameter.
Coniferous/Evergreen Tree. A wood plant, which, at maturity, having foliage on the outermost
portion of the branches year-round. Tamaracks are included as a coniferous tree species.
Garden. A cultivated area dedicated to growing vegetables, fruits, flowers, ornamental grasses,
shrubs and similar plants, planted and maintained in well-defined borders.
Landscape Plan. An integrated set of documents that may consist of both drawn and written
materials whose purpose is to identify for a proposed development or redevelopment, the means
of compliance with the landscaping and screening standards of the City Code.
Landscaping. Trees, shrubs, lawns, plants, turf covers, grasses and other natural and decorative
site features including earth contouring, mounding and berms.
Land Altering Activity. Projects, permits or other activities or actions that result in ground
disturbance or construction.
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Long grass. Any grass that can reach a blade, stem or seed head height or length of at least one
foot as a part of its intended normal growth and use and is not developed, sold or intended to be
used as a grain or as manicured or semi-manicured lawn grass or ground cover that is normally
intended to be maintained at a lower height by regular cutting.
Meadow Vegetation. Grasses and flowering broad-leaf plants, other than weeds, that are native
to, or adapted to the State of Minnesota and are commonly found in meadow and prairie plant
communities.
Mulch. A protective covering of materials placed around plants to control weeds and moderate
evaporation of moisture or freezing. Examples of mulch include organic mulch such as wood
chips, shredded hardwood and cocoa beans and inorganic mulch such as stones or rocks. The
City does not consider materials creating an impermeable cover shall as mulch.
Native Plants. Plants including grasses and meadow vegetation, sedges (solid, triangular-
stemmed plants resembling grasses) forbs (flowering broadleaf plants), trees and shrubs that are
plant species native to or naturalized to the State of Minnesota, excluding prohibited exotic
species defined by Minnesota Statutes.
Native Plant Landscape Areas. Areas where native plants are being or have been planted in a
well-defined and maintained border. Native plant landscape areas do not include gardens.
Native Prairie. An area of landscaping containing a diversity of native flora species in
associations typical of pre-settlement ecosystems.
Natural Areas. Undeveloped landscapes not changed, altered, moved, cultivated or planted by
human or mechanical means and that do not contain turf grass.
Natural Soil. Soil that exists undisturbed in its natural state.
New Construction. A land altering activity that creates impervious surface in an area where prior
to the activity there was minimal or no impervious surface.
New Development. A land altering activity that creates imperious surface in an area where there
was minimal or no impervious surface.
Planting Bed. A designed area including, but not limited to trees, shrubs, perennials and ground
covers that is typically defined by landscape edging along turf boundaries and has a mulched
surface.
Rain Gardens. Depressed or shallow landscape features areas in the landscape with moisture-
loving perennial native plant materials including wildflowers, grasses, shrubs and trees designed
and constructed to provide natural filtration of water run-off and to help manage storm water
run-off by allowing water to soak into the ground.
Redevelopment. A construction or land altering activity that creates new or replaces existing
impervious surface, buildings or structures on a parcel that is fully or partially occupied by
buildings, structures and/or other impervious surfaces.
Screening. A method of blocking direct visual access of a structure, building, feature or the use
of a combination of methods including fencing, walls, berms, densely planted evergreen
vegetation to block the direct visual access. Screening is usually at least five feet high but the
City may require taller screening in cases where it determines the taller screening is necessary.
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Shrub. A low, usually several stemmed woody plant.
Soil. The unconsolidated mineral and organic mineral material on the immediate surface of the
earth.
Topsoil. The uppermost layer of soil, containing organic matter and micro-organisms.
Tree. A large woody perennial plant normally with one main trunk and many branches that is
usually 30 feet or more in height at maturity.
Turf grass. Commercially available cultured grass varieties that are grown to create turf,
including bluegrass, fescue and ryegrass blends commonly used in regularly cut lawn areas.
Xeriscaping. Landscaping with slow-growing, drought tolerant vegetation or other decorative
features for the purpose of conserving water and reducing yard waste.
All new development and redevelopment sites shall be landscaped as provided in this section in
order to control erosion and runoff, moderate extremes of temperature and provide shade, aid in
energy conservation, preserve habitat, provide visual softening of, especially, urban
development, and generally enhance the quality of the physical environment within the city.
The City requires landscaping for all new commercial and industrial development, mixed-use
and multiple-family residential developments, for small-lot single-family development with
private common grounds or berms and for redevelopment sites.
A. Landscape Plan Required. A detailed landscaping and screening plan is required for all
new commercial, industrial, institutional, mixed-use and multi-family development or
redevelopment, all planned unit developments, and all subdivisions, with the exception of
minor subdivisions and lot divisions, as defined in Chapter 154. The City also requires
the submittal and approval of a landscape plan for any application for additions or
modifications to existing development that physically impacts existing landscaping or
screening or when a developer or property owner proposes changes to an existing
landscaping or screening plan as approved by the City. The landscape and screening plan
shall be prepared by a certified licensed landscape architect and shall include the
following:
1. The location, size, quantity, and species of all existing and proposed plant
materials. The plans shall show which plants are proposed to be removed and
which plants are to be retained as part of the final landscaping. These plans shall
include details of all proposed landscaping materials including Latin name,
common name, caliper/height/size and quantity of each plant.
2. A detailed natural land analysis including existing vegetation, soil types and
slopes.
3. A site analysis that includes the boundary lines of the property with dimensions
based upon a certified survey with the name and alignment of proposed and
existing adjacent streets, roads trails and sidewalks, the location of a proposed
utility easements and rights-of-way, the location of existing and proposed
buildings, topographic contours at two-foot contour intervals, location of parking
and drive areas, water bodies, sidewalks and trails.
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4. All manmade features.
5. Methods for protecting existing trees and other landscape material, consistent with
§154.257.
6. Structural and ground cover materials.
7. Provisions for irrigation (with sprinkler system details) and other water supplies.
8. Details (including location height and materials) and cross sections of all required
and proposed screening, retaining walls and berms.
9. Special planting instructions.
10. City standard plan notes and drawings.
11. Utilities, light and power poles and fixtures, sidewalks, trails and driveways shall
also be clearly shown on the plans.
12. Above and below ground utilities and easements.
13. Location, width and height of all berms and retaining walls.
14. Location and methods of screening to be installed on the site.
15. Areas planned for snow storage. These locations shall only be turf grass areas and
shall not be medians nor areas with plantings, shrubs or trees.
16. A design narrative that includes text and/or graphics that provide detail on the
design concept employed and key features of the landscape design. The narrative
should address, but not be limited to, the relationship of the pattern and species of
plants to buildings and other structures on the site, the relationship of the proposed
design with surrounding properties a description of special purpose plantings such
as screening, erosion control and the proposed methods of attaining year-round
seasonal interest in the landscaping.
The City will review the landscape and screening plan in conjunction with other
project plans (site plan, grading plan, utility plans, etc.). The City may set conditions
of approval that apply specifically to the landscape and screening plan. The final
landscaping and screening plan must be approved the City Landscape Architect before
the City will issue permits for the proposed new development, redevelopment or new
construction.
B. Design Considerations. The following design concepts and requirements shall be
considered when developing a landscape plan.
1. To the maximum extent possible, the landscape plan shall incorporate existing
trees and other vegetation on the site.
2. Landscaped areas should be of adequate size to allow proper plant growth, protect
plantings from vehicular and pedestrian traffic, and provide adequate areas for
plant maintenance, plant growth and for snow storage. Snow storage areas shall
not include medians and shall not have shrubs or trees planted in those areas.
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3. A variety of trees and shrubs should be used to provide visual interest year round.
No more than fifty percent (50%) of the required number of trees and shrubs may
consist of any one species. A minimum of twenty-five percent (25%) of the
required number of trees shall be deciduous shade trees, and a minimum of twenty-
five percent (25%) shall be coniferous trees. Ornamental trees may be used when
applied towards landscaping requirements. However, the number of ornamental
trees shall not exceed 15% of the required amount.
4. Final slopes greater than 3:1 will not be permitted without special treatment such
as terracing, retaining walls, or special ground covers.
5. All plant materials, except trees planted per the Tree Replacement Schedule
(Section 154.257 C8), shall meet the following minimum size standards in Table
6-1. Trees planted per the Tree Replacement Schedule shall meet the minimum
requirements outlined in Section 154.257 (C) (8) (d.).
Table 6-1. Minimum Size Standards for Landscape Materials
Plant Type Minimum size at planting
Trees:
Evergreen 6 feet in height
Deciduous – shade 2.0 2.5 inches caliper, measured 6 inches from base
Deciduous - ornamental 1.5 2 inches caliper, measured 6 inches from base
Shrubs:
Evergreen # 5 container*
Deciduous # 5 container*
Shrubs used for screening (evergreen or deciduous) # 5 container*
* Approximately 5 gallons. See American Standards for Nursery Stock, ANSI 260.1-2004 for exact specifications.
* This table and its requirements do not apply to the tree replacement schedule.
6. As an alternative to the minimum standards for landscape materials, a landscape
plan prepared by a licensed landscape architect qualified professional certifying
that said plan will meet the intent of this Section may be submitted.
7. As a general rule, trees should Planting plans must consider the location of
underground utilities and storm water drainage systems. All trees shall be planted
a sufficient distance ten feet away from all utilities including water lines and mains
and sewer stubs, sanitary and storm sewer lines, curbs, trails, sidewalks, pavement
edges, property lines, centerlines of drainage swales and from easements lines to
ensure they will not cause conflicts (Refer to the setback standards listed in Section
C 1 for more details). unless approved by the The City’s Landscape Architect or
the City Engineer may approve a reduced planting setback on a case by case basis.
Trees shall not be placed in drainage or utility easements.
8. Trees shall be planted to the following standards:
a. Each tree must be planted with an approved engineered root space of 500
cubic feet with a minimum serviceable opening of 5 feet by 5 feet. The
engineered root space profile must have a minimum width of 5 feet, a
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minimum depth of 3 feet and a maximum depth of 4 feet to ensure proper
growth.
b. Types of engineered root space include suspended pavement systems
(systems that suspend pavement and are filled with uncompacted planting
soil) or structural soil (systems that include rock or sand based structural
soil). Structural soils are compacted to support pavement and allow root
growth through connect voids between particles.
c. The maximum depth for calculating the suitable soil volume shall be two
feet.
d. The minimum width of the planting area at the trunk of the tree shall be
eight feet.
9. Planting areas should be large enough for specified plantings in order to avoid
overhang problems. This includes accommodating vehicle overhang (2.5 -3 feet)
when placing plants around parking areas.
10. Planting locations should be coordinated with the location of irrigation controls,
utility boxes, electrical hand holes and similar obstructions. Where possible,
locate such above-ground obstructions in planting beds rather in in turf areas in
order to avoid trip points.
11. Designers of landscape plans shall coordinate planting plans with lighting plans to
avoid conflicts.
12. Median islands shall be landscaped with ornamental grasses, shrubs, and/or
ornamental trees. Deciduous shade and coniferous trees shall not be planted in
median islands.
13. Berms should have a minimum crown width of three feet and should be planted
with vegetation. Slopes on berms should be no greater than 3:1. The height, slope
and area of the berm should be appropriate to prevent erosion and to facilitate safe
maintenance of the berm.
14. Landscape plans shall be designed so mature landscaping will not interfere with
vehicular and pedestrian sight lines. Shrub and perennial plantings should be
maintained below driver eye-level (generally 3 feet). Massed tree plantings should
not obstruct sight lines nor interfere with required clear sight triangles.
15. Designers shall select plant materials based on site conditions and shall consider
the susceptibility of plants and materials to salt damage, drought tolerance, shade
tolerance, soil types, winter wind exposure and moisture tolerance.
16. All plants should be mulched. The City prefers the use of organic mulch but the
City allows the use of loose stones or stones as mulch. No impermeable material,
such as plastic, shall be used over soil in a landscape plan.
17. The City encourages the use of ornamental grasses in landscape plans as a method
to add visual interest to a site.
18. The City may allow the use of rain gardens to assist in the efficient control and
treatment of storm water and to promote groundwater recharge. Any plan
proposing to use rain gardens will be subject to approval by the applicable
Watershed District.
19. The City promotes the use of xeriscaping design strategies in landscape plans as a
method to promote water conservation. Such plans may include the use of
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decorative rock as ground cover, limiting turf areas, selecting low-water-use
plants, the installation of efficient irrigation systems and using mulch.
20. All open areas of any site not occupied by designated landscape areas, building,
parking, driveways, trails or sidewalks shall be sodded or seeded over 6 inches of
topsoil. An exception to this are undisturbed areas containing existing natural
vegetation that can be maintained free of foreign and noxious plants and materials.
21. Developers, designers and Landscape Architects preparing plans for development
or redevelopment sites in Lake Elmo also should refer to the latest version of the
following design standards for guidance when preparing project plans:
a. City of Lake Elmo Engineering Design Standards.
b.City of Lake Elmo Landscape and Irrigation Standards.
c. 5th Street Landscape design standards.
d.Village Parkway design standards.
e. Hudson Boulevard Engineering Design Standards.
f. Lake Elmo Landscape Development calculator.
C. Landscaping of Setback Areas. All required setbacks not occupied by buildings, parking,
paths or plazas shall be landscaped with turf grass, native grass, trees, shrubs, vines,
perennial flowering plants, and surrounding pervious ground cover. The landscaping in
setback areas and along the site perimeter of a site should be designed to add visual
interest, contribute to visual quality and continuity within and between sites and provide a
transitional area between different uses and help define the property boundary.
1. A minimum of one (1) tree shall be planted for every fifty (50) feet of street
frontage, lake shore or stream frontage, or fraction thereof.
a. Trees adjacent to streets shall be planted within the front yard and may be
arranged in a cluster or placed at regular intervals to best complement existing
landscape design patterns in the area.
b. Tree planting locations must take into account the width of the lot and
boulevard and the location of utilities, easements, driveways, trails and
sidewalks. On lots with a street or driveway frontage of less than 50 feet, the
City may approve alternative locations for tree planting if the designer can
show the proposed improvements will make tree planting in the boulevard of
that lot impractical due to required setbacks from improvements and the
amount of space available for tree planting. This placement alternative for tree
planting does not reduce the total number of trees that must be planted with a
development or redevelopment project.
c. Ornamental trees shall be placed at least 12 feet from utilities, curbs,
sidewalks, trails, driveways and buildings.
d. Over story trees shall be placed at least 15 feet from utilities, curbs, sidewalks,
trails, driveways and buildings.
e. Coniferous or evergreen trees shall be placed at least 20 feet from utilities,
curbs, sidewalks, trails, driveways and buildings.
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f. Salt tolerance and root structure should be considered when selecting tree
species adjacent to streets, driveways, trails, sidewalks and parking areas.
g. Where property abuts a lake or stream, trees shall be planted at intervals of no
more than fifty (50) feet along the shoreline, except where natural vegetation
is sufficient to meet this requirement.
h. Areas to have turf grass shall have at least six inches of topsoil spread evenly
on those areas prior to the contractor sodding or seeding.
2. In addition to the requirements of C.1 above, a minimum of five (5) trees shall be
planted for every one (1) acre of land that is disturbed by development activity.
Such trees may be used for parking lot landscaping or screening as specified in
subsections D and E below.
D. Interior Parking Lot Landscaping. The purpose of interior parking lot landscaping is to
minimize the expansive appearance of parking lots by visually breaking up large areas of
paving and provide shaded parking areas. Landscaping shall consist of planting islands,
medians and borders, comprising the required planting area specified under item (1)
below.
1. At least five (5) percent of the interior area of parking lots with more than thirty
(30) spaces shall be devoted to landscape planting areas. Areas may consist of
islands or corner planting beds. Parking lot landscape islands should include an
18-inch area clear of trees, shrubs or perennials along each curb edge.
2. Shade trees shall be provided within the interior of parking lots (in islands or
corner planting beds) in accordance with the following table:
Table 6-2. Minimum Required Tree Planting for Parking Lots
mber of Parking Spaces nimum Required Tree Planting
0 – 30 None required
31 - 100 1 tree per 10 spaces or fraction thereof
101+ 1 tree per 15 spaces or fraction thereof
E. Perimeter Parking Lot Landscaping. Parking areas shall be screened from public streets
and sidewalks, public open space, and adjacent residential properties to reduce the visual
impact of the parking surfaces, to mitigate glare from headlights, improve the aesthetic
quality of users of the site, adjacent site roadways, trails and sidewalks. The perimeter of
parking areas shall be screened as follows:
1. With the exception of properties located in the VMX zoning district, a landscaped
frontage strip at least five (5) feet wide shall be provided between parking areas
and public streets, sidewalks, or paths. If a parking area contains over one hundred
(100) spaces, the frontage strip shall be increased to eight (8) feet in width.
a. Within the frontage strip, screening shall consist of either a masonry wall,
fence, berm, or hedge or combination that forms a screen a minimum of three
and one-half (3.5) and a maximum of four (4) feet in height, and not less than
fifty percent (50%) opaque on a year-round basis. When shrubs are used to
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provide the screen, such shrubs must be at least two feet tall at planting and
expected to grow to at least 3.5 feet tall at maturity.
b. Trees shall be planted at a minimum of one deciduous tree per fifty (50) linear
feet within the frontage strip.
c. The City may waive parking lot screening requirements in circumstances
where perimeter screening is provided or where the elevation of the parking
area relative to the elevation of the street and sidewalk or trail would make the
screening ineffectual as determined by the City’s Landscape Architect or
Planning Director.
2. Alongside and rear property lines abutting residential properties or districts,
screening shall be provided, consisting of either a architecturally compatible
masonry wall, fence or berm in combination with landscape material that forms a
screen a minimum of four (4) feet in height, a maximum of six (6) feet in height,
and not less than ninety percent (90%) opaque on a year-round basis. Landscape
material in screening areas shall include trees, planted at a minimum of one
deciduous or coniferous tree per forty (40) linear feet along the property line.
F. Screening. Screening shall be used to provide visual and noise separation of intensive
uses from less intensive uses or to provide a buffer between incompatible land uses.
Where screening is required in the City Code between uses or districts, it shall consist of
sufficient landscape materials and/or either a wall or fence that is architecturally
compatible with the principal building, or a berm a masonry wall or fence in combination
with landscape material that forms a screen at least six (6) feet in height above grade, and
not less than ninety percent (90%) opaque on a year-round basis. If the developer or
contractor uses evergreen or coniferous trees as part or all of the screening, the trees shall
be planted in two staggered rows with the trunks of the trees in each row spaced at a
maximum of 12 feet. Landscape material shall include trees, planted at a minimum of one
deciduous or coniferous tree per forty (40) linear feet along the property line. Additional
landscape material such as shade trees or trellises may be required to partially screen
views from above. All screening devices, materials and methods shall be included on the
project site and/or landscaping plans.
G. Special Design Features. The City allows and encourages the use of xeriscaping, rain
gardens, native prairie materials and long grasses in appropriate locations.
H. Redevelopment Compliance.
(1) Redevelopment or large addition. When either full redevelopment of a site is
proposed or an addition that would increase total floor area on a site by 25% or more, a
landscape plan for the entire site, demonstrating compliance with the requirements of
this section, must be submitted to the City for approval.
(1) Small addition. When an addition is proposed that would increase total floor
area on a site by less than 25%, but would physically impact existing landscaping, a
modified landscape plan for the portion of the site affected by the addition,
demonstrating compliance with the requirements of this section, must be submitted to
the City for approval.
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(2) Constrained Sites. The City recognizes that highly constrained redevelopment
sites may have difficulty meeting the requirements of Section 154.258. Given the City
wants to encourage rather than impede redevelopment, owners or developers of
highly constrained redevelopment site may seek relief from City tree preservation
and/or landscape standards. When considering granting flexibility to required tree
preservation and/or landscape standards, the City shall:
a. Balance the public interest in promoting redevelopment with the public
interest in preserving trees and providing landscaping; and
b. Consider whether the reduced tree preservation or landscaping levels
are balanced by alternative methods of providing visual interest to the
site including but not limited to sculpture, public art or higher quality
landscape materials.
I. Maintenance and Installation of Materials. Installation and maintenance of all landscape
materials shall comply with the following standards:
1. All landscape materials shall be installed to current industry standards.
2. Irrigation or other water supply adequate to support the specified plant materials
shall be provided.
a. All automatic lawn and irrigation system controllers must be U. S. EPA
WaterSense certified.
b.All automatic lawn and irrigation systems shall have furnished and
installed technology such as a rain sensor/detection device that inhibits or
prevents the operation of the irrigation system during periods of rain or
sufficient moisture.
c. Furnished and installed technology inhibiting or preventing the operation
of irrigation systems shall be maintained in operating condition and
replaced as necessary to keep the system operational.
d.The irrigation system shall not spray water on streets, driveways,
sidewalks or trails.
3. All required landscaping and screening features shall be kept free of refuse and
debris.
4. All landscape materials shall be guaranteed for two (2) years. Any landscape
material that dies or becomes diseased before the end of the second (2nd) year after
installation shall be replaced by the developer.
5. Continuing maintenance and replacement of landscape materials shall be the
responsibility of the property owner beyond two years of initial installation.
6. It shall be the responsibility of the current property owner to maintain the approved
landscaping and screening plan in an attractive and well-kept condition beyond
two years of the initial installation. Maintenance shall include the replacement of
dead or damaged plant material at the next appropriate planting period with new
materials in conformance with the approved landscape plan and applicable City
Code standards; the furnishing and installation of mulch; weeding; mowing of
grass, cleaning of litter; or any other action deemed necessary by the City to insure
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that the requirements of this ordinance are met. Any action that reduces the
canopy cover and/or landscaping below the minimum that is required by the City
shall require in-kind replacement.
7. Structure Maintenance. Property owners must maintain landscaping and screening
structures such as fences and walls in good condition, free of graffiti, peeling paint,
decay or warping. Property owners must repair and replace structures when
needed to keep them structurally sound and safe.
8. Property owners must not remove landscaping and screening materials or
structures as were included on a City-approved landscape plan unless the City has
approved a revised landscape and screening plan for the site or for the property or
development.
9. The City may remove without compensation landscaping features placed in a
public easement if it is necessary to install, replace or maintain a public utility,
sidewalk or drainage way within the easement. Trees, irrigation lines, berms,
walls or fences must not be placed in a public easement where are public
improvements are located without the written approval of the City (with an
encroachment agreement).
10. The City may require the owner of occupant of a property who has planted, or has
allowed to be planted, native plants or other vegetation within a drainage or utility
easement to remove the native plants or other vegetation from the easement at their
expense (and at no expense to the City) if the City determines the native plants or
vegetation interferes with the purpose and function of the utility or drainage
easement. The City will not be responsible for damage to turf grass and/or
landscaped areas resulting from public works improvements or snow removal
activities within drainage and utility easements.
11. Landscaping and screening shall not interfere with clear view or site triangles at
street intersections.
12. Property owners must keep the area three feet in radius around all fire hydrants,
fire hose connections and utility boxes free from any trees, shrubs or other
landscape feature that could impede access to or the use of the fire hydrant, fire
hose connection or utility box.
13. Owners of the property abutting the right-of-way of a public street or road shall
properly maintain the grass and landscaping on the property and on the public
right-of-way to the curb line or to the traveled portion of the street or road. Proper
maintenance shall include, but not be limited to, sodding, planting, mowing or
weed abatement whenever necessary.
14. Property owners shall prune and trim trees and shrubs located on private property
so they will not obstruct pedestrian sidewalk traffic nor obstruct the view of any
traffic sign, lights, street or intersection. Overhanging portions of trees and shrubs
shall be pruned or trimmed to maintain a minimum clearance of eight feet over
sidewalks, trails and ditches and 20 feet over all streets and driveways.
15. Warranty Requirement. Any replacement tree which is not alive or healthy, as
determined by the City, or which subsequently dies due to construction activity
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within two (2) years after the date of project closure shall be removed by the
applicant and replaced with a new healthy tree meeting the same minimum size
requirement within eight (8) months of removal.
J. Financial Security. The City will require that a financial security, in a form acceptable to
the City, be provided as part of a development agreement or applicable permit to ensure
compliance and performance of the Landscape Plan. The financial security will be
released to the applicant upon verification by the City that the Landscape Plan was
followed, and that all landscape materials are planted and in a reasonable state of health.
The financial security may be used to replace any landscape materials that have become
damaged or diseased after planting. Adequate security must be retained to ensure
performance for at least two years after the installations have been completed.
(Ord. 08-087, passed 8-20-2013