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HomeMy WebLinkAbout#04 - Tree Preservation and Trimming Policy STAFF REPORT DATE: 9/08/2020 Workshop ITEM #: TO: City Council FROM: Ken Roberts, Planning Director AGENDA ITEM: Tree Preservation and Tree Trimming Policy REVIEWED BY: Marty Powers, Public Works Director BACKGROUND: The City Council recently asked staff for information about the City’s tree preservation ordinance and tree trimming policy. In response to this request, Lucius Jonett, the City’s Landscape Architect with Wenck and Associates, prepared the attached outline of information. ISSUES BEFORE CITY COUNCIL: Does the City Council wish to direct staff to prepare possible revisions for Council consideration to the City’s tree preservation ordinance, the City’s tree trimming policy or to any of the City’s landscaping standards? PROPOSAL DETAILS/ANALYSIS: Wenck provides the City with many services including reviewing tree preservation/removal plans, reviewing proposed landscape plans and inspecting landscaping and trees after developers have installed or planted them. They also monitor the progress and status of landscaping in developments for warranty purposes and provide the City and developers with reports about landscaping and trees that have been accepted or that need to be replaced because they are dying or dead. The attached memo from Lucius provides an outline of City standards and processes for several inter-related subjects. These include City landscape plan review and approval (including tree preservation standards and landscape plan requirements), the landscape warranty requirements, the landscape inspection process and checklist, the inspection schedule and other considerations. Section 3 on page five of their memo explains the inspection process and checklist they use when working in Lake Elmo. It is important to note that Wenck strives to conduct their inspections with a balance of quantity, speed and precision to be cost effective. They do not observe or inspect when contractors are installing trees. As they note, it is the responsibility of the designer, developer or contractor to ensure the landscaping is installed according to the approved plan. I have attached another memo from Lucius that has several photos of trees in various stages of life with notes explaining how the landscape inspectors viewed each tree. As Lucius explains on page six of his memo, it is a judgement call on what is alive, suffering transplant shock and what is truly dying. They strive for a balance between only accepting perfect trees and giving some trees (that may look questionable) a chance to survive. He included several signs and standards they look for when determining the health and status of trees. I also have attached the City’s tree preservation and landscape ordinances and the tree trimming policy the City Council approved in 2019 for your reference. City staff is looking for direction from the City Council about any possible changes to the City tree preservation ordinance, the City’s tree trimming policy or to the City’s landscaping standards. Page 2 FISCAL IMPACT: None known at this time. If the City Council requests ordinance amendments or changes to the landscape inspection process as conducted by Wenck, there could be costs to the City in having Wenck or City staff research and preparing ordinance amendments. RECOMMENDATION: Provide City staff with direction as to any possible changes to the City tree preservation ordinance, the City’s tree trimming policy or to the City’s landscaping standards the Council wishes to consider. ATTACHMENTS: 1. September 2, 2020 memo from Wenck and Associates 2. Tree Photos 3. City Tree trimming Policy 4. Tree Preservation and Landscape Ordinances Wenck | Colorado | Georgia | Minnesota | North Dakota | Wyoming Toll Free 800-472-2232 Web wenck.com To: Ken Roberts, City of Lake Elmo Planning Director From: Lucius Jonett, Wenck Landscape Architect Date: September 2, 2020 Subject: City of Lake Elmo Landscape Inspection Workshop Memo 1. City Landscape Plan Review and Approval a. Tree Preservation (City Ordinance) i. Removal of up to 30% of existing, significant, tree caliper inches allowed for existing trees onsite in each category: common, coniferous, and hardwood. • Hardwood deciduous trees are Birch, Cherry, Hickory, Ironwood, Hard Maples, Oak and Walnut • Common trees are 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. ii. Significant trees are designated as: • Over 6” DBH (diameter at breast height, approx. 4.5 feet from the base of the trunk) for hardwood deciduous trees • Over 19’ in height or 8” DBH for coniferous/evergreen trees • Over 12” DBH for common trees iii. Removals over the 30% allowance in each category are to be replaced at a rate of: • One-fourth (1/4) the diameter inches of common tree species removed. • One-half (1/2) the diameter inches of coniferous/evergreen tree species removed. • One-half (1/2) the diameter inches of hardwood tree species removed. iv. Wenck review template includes an Excel sheet with all these calculations. b. Landscape Plan Requirements to be reviewed and Approved (City Ordinance): i. Landscape review only applies to what is required in City ordinanc e; does not apply to private landscaping, foundation plantings, or irrigation systems. Establishment of stormwater feature vegetation, monitoring stormwater feature function, monitoring erosion control, etc. is not currently defined as part of landscape inspection. Wenck has been including these items in inspections if there are particular concerns raised by staff. City to continue to provide direction on additional inspection items and concerns on a case-by-case determination. ii. Minimum tree requirements: • A minimum one (1) tree is proposed for every fifty (50) feet of new street frontage. Ken Roberts Planning Director City of Lake Elmo September 2, 2020 2 T:\6443 Lake Elmo\24 5th Street Design Standard\2020-08-28 Landscape Inspection Council Workshop\2020-09-02 Lake Elmo Landscape Inpsection Council Workshop Memo.docx • A minimum of five (5) trees are proposed to be planted for every one (1) acre of land that is developed or disturbed by development activity a. For Residential development – replacement trees from tree removals are in addition to landscape required tree counts above. b. For commercial or mixed-use development - replacement trees from tree removals can be included toward landscape required tree counts. • At least 25% of the required number of trees shall be deciduous shade trees • At least 25% of the required number of trees shall be coniferous trees • Up to 15% of the required number of trees may be ornamental tree • Wenck review template includes an Excel sheet with a summary of these calculations. • Does not include future trees by builders, landowners, or others. Must be included and shown on the approved preliminary plat. iii. Landscape Plan Requirements • Prepared and signed by a landscape architect licensed in the state of Minnesota. • All required setbacks not occupied by buildings, parking, paths, or plazas are/need to be landscaped with turf grass, native grass, trees, shrubs, vines, perennial flowering plants • New plant material meets minimum size requirements • City standard details and notes are required to be included on the plans before the plans will be approved. Available on City website for applicants and contractors to view. • Utilities, pavements, property lines, easement lines and grading plan are all shown so we can review for tree placement conflicts. iv. Landscape Layout Requirements • Boulevard Width........................... 16‐feet (15‐feet at cul‐de‐sacs) • Sidewalk width............................................................... 6-feet • Topsoil Minimum Depth.................................................... 6‐inch • Turf Treatment.......................................................... Lawn Sod • Tree Location without Sidewalk or Trail............. 8‐feet back of curb • Tree Location with Sidewalk or Trail................. 5‐feet back of curb • Tree Spacing................................ Not Specified in City Ordinance • Street Light Location...................................... 5‐feet back of curb • No tree conflicts (placed in, on, or too close) to driveways, pavement edges, utilities, easements, and drainage swales a. Code currently reads that trees should be 10 feet away from any utilities and driveway or pavement edges. We would like to see this verbiage adjusted to say “must” to ensure that all tree plantings will not interfere with infrastructure as they mature. v. Interior Parking Lot Landscaping Requirements • At least 5% of the area of interior parking lots with more than 30 parking spaces is devoted to landscape planting areas. • Wenck interprets the intent of this ordinance to help shade and break-up large expanses of parking with some sort of vegetation. Ken Roberts Planning Director City of Lake Elmo September 2, 2020 3 T:\6443 Lake Elmo\24 5th Street Design Standard\2020-08-28 Landscape Inspection Council Workshop\2020-09-02 Lake Elmo Landscape Inpsection Council Workshop Memo.docx So, we look for planted parking lot islands and plantings around the perimeter of the parking lots. vi. Perimeter Parking Lot Landscaping Requirements • 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. b. Trees shall be planted at a minimum of one deciduous tree per fifty (50) linear feet within the frontage strip. • Alongside and rear property lines abutting residential properties or districts, screening shall be provided, consisting of either a 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 shall include trees, planted at a minimum of one deciduous or coniferous tree per forty (40) linear feet along the property line. vii. Screening Requirements • Where screening is required in the City Code between uses or districts, it shall consist of either a masonry wall or fence in combination with landscape material that forms a screen at least six (6) feet in height, and not less than ninety percent (90%) opaque on a year-round basis. 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. viii. Special Landscape Considerations • Village Parkway Collector a. Boulevard Width........... See typical sections, based on location b. East side Bituminous Trail 8-feet (See typical sections, based on location) c. West side Concrete Sidewalk 6-feet (See typical sections, based on location) d. Topsoil Minimum........................................................ 6‐inch e. Turf Treatment................. Salt Tolerant Sod (MN DOT 3878 C) f. Tree Location without Sidewalk or Trail........ 7‐feet back of curb g. Tree Location with Sidewalk or Trail............ 6‐feet back of curb h. Tree Spacing..................................... Every 75’ on Both Sides i. Street Light Location................................. 5‐feet back of curb j. Street Light Type/Pole 25 ft. black aluminum pole @ each intersection [Xcel Energy ‐ 'Evans' Lamp] k. Ornamental Pedestrian Scale Street Lights 15 ft. black aluminum poles @ 125 ft. spacing, alternating side of street [Xcel Energy ‐ 'Acorn' Lamp] Ken Roberts Planning Director City of Lake Elmo September 2, 2020 4 T:\6443 Lake Elmo\24 5th Street Design Standard\2020-08-28 Landscape Inspection Council Workshop\2020-09-02 Lake Elmo Landscape Inpsection Council Workshop Memo.docx • 5th Street a. Boulevard Width...... See typical sections, based on location b. North side Bituminous Trail................................... 10-feet c. South side Concrete Sidewalk................................. 6-feet d. Topsoil Minimum................................................... 6‐inch e. Turf Treatment............ Salt Tolerant Sod (MN DOT 3878 C) • Turf sod to be located from back of curb to 5 feet behind trail or sidewalk. Prairie sod may be used for remaining R/W f. Tree Location...................................... 7‐feet back of curb g. Tree Spacing................................ Every 40’ on Both Sides h. Boulevard trees to be Oak, Maple, or Elm, minimum 4‐inch caliper. i. Street Light Location at intersections and every 250 feet apart on alternating sides of the street j. Street Light Type/Pole 30 ft. black aluminum pole @ each intersection [Xcel Energy ‐ 'Evans' Lamp] k. White post and rail fencing is encouraged along 5th Street at major intersections. l. Center landscape median. Center median lined with 2-foot- wide concrete ribbon curb. Landscape area to be planted according to the 5th Street Center Median Planting Plan. m. Irrigation system to be installed within the public right of way to be owned and operated by the City after completion and acceptance of the 2-year landscape warranty. • Spray Irrigation required for boulevard areas. • Drip irrigation required for center landscaped medians. 2. Landscape Warranty (City Ordinance) a. The only mention of warranty in the current ordinance: i. 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. b. Wenck developed a Landscape Inspection Standard to further define the warrant requirement as: i. During City landscape inspections, any required landscape material which is not installed per City details, alive, or healthy, as determined by the City, or which subsequently dies within two (2) years after the date of initial acceptance, shall be removed by the applicant and replaced with a new healthy plant meeting the same minimum size requirement within six (6) months of removal. Ken Roberts Planning Director City of Lake Elmo September 2, 2020 5 T:\6443 Lake Elmo\24 5th Street Design Standard\2020-08-28 Landscape Inspection Council Workshop\2020-09-02 Lake Elmo Landscape Inpsection Council Workshop Memo.docx 3. Inspection Process & Checklist (No City Ordinance) a. There are many development plans and inspections that were done b efore Wenck assumed the role of municipal landscape architect. We are getting close to closing those out so that moving forward we have been involved in the entire review, approval, and inspection process to minimize lost communications during transitions. b. Wenck developed a Landscape Inspection Standard to define a process, the number of visits, and schedule of when inspections can occur to fulfill a development’s 2 -year landscape warranty period. i. The City will only complete an initial inspection after all landscape material has been installed per development or development phase. Developments have tried to install trees before building construction starts and we have seen trees get damaged or run over by the construction activity. ii. Inspection #1 – Initial Landscape Inspection and Acceptance • The initial inspection will ensure that the approved landscape plans have been followed, the required amount of landscape materials have been provided, and the landscape materials are installed correctly and in a reasonable state of health. • Note: the warranty period will not begin until all landscape material is installed, and the City has completed an inspection and issued initial acceptance. • Any punchlist items (tree replacements, relocations, pruning, etc.) must be completed before the City will issue initial acceptance, start the 2-year landscape warranty, and reduce the development landscape escrow. iii. Inspection #2 – Year 1 • An additional landscape inspection will be completed 1 year after initial acceptance and the start of the warranty period to confirm growth, confirm any corrective actions from previous inspections have been completed, and to note additional corrections or replacements as required. iv. Inspection #3 – Year 2 (Final Inspection) • As a condition for completing the 2-year warranty and final reduction of the landscape escrow, the City will conduct a final inspection 2 years after initial acceptance and may require the Contractor to bring the work into compliance. • Upon final acceptance, the Contractor will not be required to provide any further care for the plantings. Final acceptance will be made upon completion of the 2-year warranty resulting from and a final inspection of the completed Project. v. Often there are more inspections to follow-up on any replacements and punchlist items identified in the routine inspections. c. Inspections are conducted with a balance of quantity, speed, and precision to be cost effective. d. Not onsite observation or inspection for installation of the trees which is industry standard. It would be time consuming to schedule and inspect and would be costly. Should be the responsibility of the Designer, Developer and Contractor to install landscape according to the approved plan. e. Testament to acceptable installation is plant survival during the two-year warranty. Many plants are in the ground longer than 2 years, since City standard is to inspect, accept and start the 2-year warranty only after all construction is complete for the development or phase. Ken Roberts Planning Director City of Lake Elmo September 2, 2020 6 T:\6443 Lake Elmo\24 5th Street Design Standard\2020-08-28 Landscape Inspection Council Workshop\2020-09-02 Lake Elmo Landscape Inpsection Council Workshop Memo.docx f. Landscape review and inspection only applies to what is required in City ordinance; trees, ground plane, sod/seed mix establishment, utility and driveway conflicts, appropriate grading for planting. Does not apply to private landscaping, foundation plantings, stormwater treatment (rain gardens from Inwood), erosion control (stabilizing big pile of dirt from Inwood). But we are the final inspection on development and are usually the catch-all of any issues by staff and residents. g. Major Inspection Focus: i. Provided and located as shown on the approved plan entered into our online webmap. ii. Review for spacing and conflicts with pavement and utilities. iii. Evaluate tree health. • Accepted, Dead, Dying, Hazard, Missing, Needs Pruned, Under Sized, Watch, Wounded, Other iv. Evaluate for obvious conflict with required landscape details & standards and make a judgement call if it is detrimental to tree survival. For example, planted too low is much worse than being planted high. h. Ultimately a judgement call on what is alive, suffering transplant shock and is truly dying. Striving for balance between only accepting “perfect” trees and giving some trees a chance to survive. Depending on demand, large caliper 2 ½” B&B trees can become limited by the end of a growing season. i. Transplanted, balled and burlapped, trees typically retain only 10-20% of their root system. The larger the caliper of tree, the more roots are lost in transplanting. ii. A newly planted tree typically needs one year for each inch in diameter of the trunk to regain a normal root system. https://www.state.sc.us/forest/urbsurv.htm iii. Signs of transplant shock include leaf rolling, wilting, scorching, browning leaves, or early onset of fall colors. iv. Snap test branches to see if enough of the tree is still trying to grow. • If tissue under the bark is green and the twig is flexible, the branch/tree is still trying to grow. • If the tissue is brown and the twig snaps when bent, the branch is dead. • If more than 50% of the leaves and branches are dead, we require a replacement. • If more than 50% of the leaves and branches are alive, we require pruning out the dead, dying, broken, and poorly formed branches. Too much pruning of a transplanted tree, too soon, can cause additional shock and make the tree vulnerable to pests and disease. Some branches may appear to be “out of place” after pruning but benefit growth by providing energy to living branches. After the tree has become fully established, additional pruning for shape may be completed. 4. Inspection Schedule a. Landscape inspections will occur May 15 through September 15 when leaves are on the trees and their health can be more easily assessed. The start and end dates for inspections may be adjusted by the City based on weather conditions. Any inspection scheduled after September 15, may be deferred to the following Spring (after May 15) so the City can evaluate the health of trees. Ken Roberts Planning Director City of Lake Elmo September 2, 2020 7 T:\6443 Lake Elmo\24 5th Street Design Standard\2020-08-28 Landscape Inspection Council Workshop\2020-09-02 Lake Elmo Landscape Inpsection Council Workshop Memo.docx b. The inspection schedule does not apply to the seasons of planting. Contractors shall follow industry standard seasons for initial and any replacement plantings. 5. Landscape Ordinance Considerations a. The City adopted a tree trimming policy in 2019, please see attached information. b. No current City budget for tree replacement. If a tree dies in public Right of Way, it is removed, any depression filled with soil and then the soil is seeded by City staff. Sincerely, Lucius Jonett, PLA (MN) Wenck Associates, Inc. City of Lake Elmo Municipal Landscape Architect Wenck | Colorado | Georgia | Minnesota | North Dakota | Wyoming Toll Free 800-472-2232 Web wenck.com To: Ken Roberts, City of Lake Elmo Planning Director From: Lucius Jonett, Wenck Landscape Architect Date: August 28, 2020 Subject: City of Lake Elmo Landscape Inspection Workshop Images Here are two examples of trees that were found to be a “watch” status as they had less than 100% leafed out, but more than 50%. Both trees were acceptable the following year of inspections as they had time to adjust after being planted. Ken Roberts Planning Director City of Lake Elmo August 28, 2020 2 T:\6443 Lake Elmo\24 5th Street Design Standard\2020-08-28 Landscape Inspection Council Workshop\2020-08-28 Lake Elmo Landscape Inpsection Council Workshop Images.docx Here are two examples of trees that were needing to be pruned to encourage adjustment after planting and, ultimately, survival. Pruning removes the dead branches and allows for new growth in the following growing season. Pruning can leave a tree looking lop -sided or having branches look “out of place”, but this provides energy to the living branches to push out new, healthy branches. Both trees received pruning and were able to fill out with new, living branches by the following year’s inspection. Ken Roberts Planning Director City of Lake Elmo August 28, 2020 3 T:\6443 Lake Elmo\24 5th Street Design Standard\2020-08-28 Landscape Inspection Council Workshop\2020-08-28 Lake Elmo Landscape Inpsection Council Workshop Images.docx Here are two examples of trees that were needing to be pruned but were unsuccessful in surviving by the next inspection. The tree shown on the left received pruning to the leader which may have led to disease or weak and unstable limbs that caused more breakage. The tree shown on the right received pruning as it was struggling to adapt after being planted, but it did not provide sufficient energy for the tree to survive for the next inspection. Ken Roberts Planning Director City of Lake Elmo August 28, 2020 4 T:\6443 Lake Elmo\24 5th Street Design Standard\2020-08-28 Landscape Inspection Council Workshop\2020-08-28 Lake Elmo Landscape Inpsection Council Workshop Images.docx Here are two examples of trees that were found to be dying. Though they both have leaves remaining, they were found to be less than 50% leafed out and in need of replacement by the 2 year inspection. Sincerely, Lucius Jonett, PLA (MN) Wenck Associates, Inc. City of Lake Elmo Municipal Landscape Architect Tree Trimming and Removal Policy Intent ● October through March is a great time to think about tree trimming. All trees, large and small, can benefit from proper trimming. There are 3 major reasons to prune trees: 1. Safety 2. Health of tree 3. Aesthetics Responsibilities and Authority of the Public Works Department ● The City has the authority to regulate tree trimming and removal activities within the city’s right of way. The City will not perform any of these activities on private property unless it is impacting the right of way. ● Trimming is required if trees obstruct road lights and signs, block emergency vehicles, are diseased, or present an imminent threat to property or the public safety. Private utility companies will be responsible for trimming required due to tree impacting power lines or electrical services. ● The Public Works Director has discretion to decide appropriate action for trees on public land. All trees on public property may be trimmed or removed under order of the Public Works Director and are to be inspected periodically. ● It is the duty of the city to trim trees to allow clearance of necessary vehicles for public safety. ● The City pays for tree services on public property, the funds coming from the money allocated to the Public Works Department. At the discretion of the Public Works Director, stump removal in the city right of way may also occur. Procedures and Guidelines for Tree Maintenance ● All trees and branches will be trimmed to the existing tree line. ● Overhanging trees will be cut to a 20-foot clearance over roads and a 7-foot clearance over sidewalks and ditches. ● In rural areas branches 2” or less in diameter may be left behind. In urban areas branches are chipped and hauled away. ● The definition of a rural section of road way for the purpose of tree trimming is defined as a section of road way that has few homes or buildings, sees minimal maintenance and does not have a mowed lawn within 100 feet. ● Trimming of limbs will be cut to the trunk for the safety of the tree. ● Diseased or infected trees will be removed. ● Trees are trimmed to 20 feet over street or curb, and 7 feet over sidewalk. ● Aged, decaying, or dead limbs will be removed. ● Priority is given to fallen trees blocking streets or interfering with homes, cars, in an area on or adjacent to the public right of way. The Public Works Director has discretion over specific determinations. ● All stop lights, stop signs, and other road signs must be clearly visible. The Public Works Director has discretion over what constitutes an unsafe obstruction of road signs and lights. Information for Private Property Owners ● Residents may plant new trees or remove existing trees that are not within the easement boundaries and are on private property, provided trees are setback 10 feet or more from utility lines (Electric, Sewer, Water, Etc.), 5 feet from any sidewalk or curbing, and outside of any vision triangle or otherwise endangering the public safety. Residents may plant new trees or remove existing trees within the easement on private property, provided they receive a permit from the City Planner. If the City Planner denies the request for a permit, property owners have the right to appeal the decision to the City Council. ● If a resident chooses to plant a tree within the easement on their property they must be aware that the City does have the right to remove the tree for a variety of reasons. The City will not reimburse the property owner for the value of the tree if it was planted within the easement and will not replant a new tree if the tree fails to survive. ● VISIBLE TRIANGLE. The area created by drawing an imaginary line between points 30 feet back from where the curb lines of the intersection quadrant meet. 1 CITY OF LAKE ELMO COUNTY OF WASHINGTON STATE OF MINNESOTA ORDINANCE NO. 08-220 AN ORDINANCE AMENDING THE LAKE ELMO CITY CODE OF ORDINANCES BY ADDING ADDITIONAL STANDARDS FOR LANDSCAPING STANDARDS SECTION 1. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 154: Zoning Code; Article VIII Environmental Performance; Section 154.257 by amending the following: § 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. 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. 2 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 at maturity, often planted for ornamental characteristics such as flowers or attractive bark. Shade Tree Disease. Dutch elm disease (Ophiostoma ulmi or Ophiostoma novo-ulmi), oak wilt (Ceratocystis fagacearum) 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 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: i. New Development in Any Zoning District. A Tree Preservation Plan shall be required as part of any development or subdivision application. 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 3 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. 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: 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 4 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. 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 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 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: 5 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 development 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. 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 may be removed without replacement. Any percentage 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 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: 6 i. 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. 9. Replacement Tree Size. Replacement trees must be a minimum of one (1) inch in diameter.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. Native species are encouraged, and hardiness and salt tolerance 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. 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 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 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. 7 c. Irreparable Damage. Where the City determines that irreparable damage has occurred to a healthy significant tree that is designated to be preserved as part of the Tree Preservation Plan, the tree shall be removed and replaced, and protective fencing shall be provided. d. Instances where (a) significant tree(s) is (are) removed due to development or 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 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 for exceptions through the variance process as indicated in 154.109. 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. 2. Reduced Mitigation for Exceptions. If an exception 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; woodland management practices; or planting of replacement trees on City property under direction of the Public Works Director as a condition of variance approval. (Ord. 08-077, passed 5-07-2013) 8 SECTION 2. The City Council of the City of Lake Elmo hereby amends Title XV: Land Usage; Chapter 154: Zoning Code; Article VIII; Environmental Performance Standards; Section 154.258 Landscape Requirements by amending the following: § 154.258 LANDSCAPE REQUIREMENTS. All development 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. A. Landscape Plan Required. A landscaping plan is required for all new commercial, industrial, institutional, and multi-family development, all planned unit developments, and all subdivisions, with the exception of minor subdivisions, as defined in Chapter 154. The landscape plan shall be prepared by a certified landscape architect and include the following: 1. The location, size, quantity, and species of all existing and proposed plant materials. 2. Methods for protecting existing trees and other landscape material, consistent with §154.257. 3. Structural and ground cover materials. 4. Provisions for irrigation and other water supplies. 5. Details and cross sections of all required screening. 6. Special planting instructions. 7. City standard plan notes and drawings. 8. Utilities and driveways shall also be clearly shown on the plans. 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. 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 trees shall not exceed 15% of the required amount. 9 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, 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 2.5 inches caliper, measured 6 inches from base Deciduous - ornamental 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 qualified professional certifying that said plan will meet the intent of this Section may be submitted. 7. As a general rule, trees should be planted ten feet away from all utilities including water and sewer stubs unless approved by the City’s Landscape Architect. 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. 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. Salt tolerance and root structure should be considered when selecting tree species adjacent to streets, sidewalks and parking areas. c. 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. 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. 10 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 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. 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 Number of Parking Spaces Minimum 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. The perimeter of parking areas shall be screened as follows: 1. With the exception of the VMX 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. b. Trees shall be planted at a minimum of one deciduous tree per fifty (50) linear feet within the frontage strip. 2. Alongside and rear property lines abutting residential properties or districts, screening shall be provided, consisting of either a 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 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. Where screening is required in the City Code between uses or districts, it shall consist of either a masonry wall or fence in combination with landscape material that forms a screen at least six (6) feet in height, and not less than 11 ninety percent (90%) opaque on a year-round basis. 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. G. 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. 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. H. 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 SECTION 3. Effective Date. This ordinance shall become effective immediately upon adoption and publication in the official newspaper of the City of Lake Elmo. SECTION 4. Adoption Date. This Ordinance 08-___ was adopted on this ______ day of ___ 2018, by a vote of ___ Ayes and ___ Nays. LAKE ELMO CITY COUNCIL _________________________________ Mike Pearson, Mayor ATTEST: 12 _________________________________ Julie Johnson, City Clerk This Ordinance 08-220 was published on the ____ day of ___________________, 2018.