HomeMy WebLinkAbout08-220 Tree Preservationhaty.11 us] V y DIM% W11 M11 M 13 MIS II NEW MIMI.% W 11MV10
154.257 TREE PRESERVATION.
A, Put pose. 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 preset vation 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.
& 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, BoN-44d-e-,+, Catalpa, Gkq *w J, Elite,
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, -a,,Hwe�� -4-1)-Axet
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 one 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 Y2feet
(54 inches) above the ground.
Drip Line. The fat thest distance away fi-om the trunk of a tree that rain or dew will fall
directly to the ground from the leaves or the branches of the tree.
Nuisance Tree. 1) Any living or standing tree or part thereof infected to any degree with
a shade tree disease _ hade 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,_ � lS i�� it i�t _a e lioxlt>ut or
ioVdSiVe tl-sews sUch as bLwkthorn, boxelder, and cottonwood,
Ornamental Tree, small tree, ���� �� r 1e; ° ttian t iK!y 3 1"et at MtUrj O teii 21an ed
for oniarnental cliaracteristics such as flowers orattractivc barb
Shade Tree Disease. hutch elm disease (Oph ostoma ulmi or Op iostom ovo- lmi)
oak wilt 'eratocystis figacearum) or any other tree disease of epidemic nature,
Significant Tree, A healthy tree measuring a minimum of six ) inches in diameter for
hardwood deciduous trees, 19 fly Ln hei ghi or eight ) inches in diameter for
coniferous/ever green trees, or twelve ( 12) inches in diameter for common trees, as
defined herein.
Specimen Tree, A healthy, d CJi t (.)Us I)ardwood tree Measuring equal to or greater than
thirty (30) inches in diameter breast height m q held t '�, a oniferou /t a <.�a e n tree
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,
shale 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 ill the movement of
greater than 400 cubic yards ofmaterial 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 ---
submita 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 hat -vesting of trees. For purposes of
this section, "hat -vesting" 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
Q
significant trees may utilize a combinationof the individual and
sampling inventory methods:
c. Trees that were planted as pat of a commercial business ;such as a tree a re 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.
. Identification of all significant trees proposed to be removed within the
construction area. These significant trees should be identified in both graphic
and tabular fo
lc, Measures to protect significant trees: and City,itgndcard treeotection detail.
1. Size, species, number and location of all replacement trees proposed to b
planted on the property in accordance with the Mitigation Plan, if necessary.
in. Signature of the person(s) preparing the plan..
. Implementation. All sites shall be staked, as depicted in the approved Tree
Preservation flan, and the required tree protection fencing shall be installed
around the critical root zone before land: disturbance is to commence. T - tra
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City lets I to ill plc t the site at any finec fo c:(1i ince witli the i lean. 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 Renewal. Up to thirty (30) percent of the diameter inches of
significant trees on any parcel of land being developed maybe removed without
replacement requirements. Replacement according to the Tree Replacement
Schedule is required when removal exceeds more than thirty 0) percent of the
total sigtiificarit tree diameter inches. The following types of trees do not reed to
be included as part of the tally of tree removals:
a. Bead, diseased, or dying trees;
h. 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.
. Mitigation Plan.
a. In any development or grading project where the allowable tree removal is
exceeded, the applicant shall .Wingate the tree loss w bor lan i g
re lacenem trees in a ro mute areas withim tle clevetet2t in accordance
with the Tree Re lacement Schedule,
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b The form of mitigation to be provided by the applicant shall be Bete rained 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 o
commercial or mixed. -use projects may be counted towards tree replacement
requirements.
7. Tree Replacement Calculations. Thirty (0) percent of the total diameter inches of
significant trees on the site may be removed without replacement: _An'y
i �Tl following calculation procedure must be used to determine
tree replacement requirements:
a. Tally the total number of diameter inches of all
-s nihcant trees on the site.
b.
cal uLaiion must
5
indi'vidually�aqct. tt� e re)I.Liecd accoalin, to h Schedule in subsection S.
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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 lieigbt rather than
diameter inch, the following conversion formula can be used:
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.
d—,Replacement Tree Size. Replacement trees must be a minimurn 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. 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.
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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 requiting 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 Plana 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 PreservationPlan.
b> The City shall have the right to inspect the: development and/or building site in
order to detenrine compliance with the approved: Tree Preservation Plan.. The
City shall determine whether the Tree Preservation. Plan has been. yet.
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.
o 1. Instances % M i d i tr f (are) remove du to deve-!)L�L L
� t not noted on the t lrc lan,wilI
result its a one rp,i if it is ever the3t7
reat_f
p-: . --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
perfort'nance of the Mitigation Plait. The financial security will be released to the
applicant upon verification by the City that the Mitigation Plan was followed, and that all
relacernent trees are panted 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.
FZL. E, __u _exceptions
I , 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. )ers
may ask ft')Lc c%)fio!i,.sT
CExceptions 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;
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etb. 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
d-.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 detennining
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 regqj��Itgt �)ark- dedication l`ees,
woodlan trees on City
Director as a condition of variance
, a "royal.
(Ord. 08-077, passed 5-07-2013)
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 followig-
§ 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:
I . 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
I Structural and ground cover materials.
4. Provisions for irrigation and other water supplies.
5. Details and cross sections of all required screening.
Special planting instructions.
City standard an notes and drawings,
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B. Design Considerations. The following design concepts and requirements shall be
considered when developing a landscape plan.
I . To the maxis um 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.
I 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 1-nay be
used w1i 11)
eli,iLip ed.towards jands 11-1 ( qLtements. However, the number of '� of the re� 1110unt, trees slial I not
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 der the Tree Replacement shed ale, shall
meet the following minimum size standards in Table 6- 1. Trees I)l an ted ter the
Iree Re lacement Skjie��Lule sl-kpil meet the nrininium I*CUUjr ments outlined in
IL__ _ _
Section I_L4_.2 8 1 L�tj
0
Plant Type
Minimum size at planting
Trees:
Evergreen
6 feet in height
Deciduous shade
2:5 inches caliper, measured fa inches from base
Deciduous - ornamental
2 inches caliper, measured 6 inches from base
Shrubs:
Evergreen
4 5 container*
:Deciduous
#i 5 container
Shrubs used for screening (evergreen or deciduous)
# 5 container
* Approximately 5 gallons: see American Standards for nursery Stock„ANSI 20U.1-2UU for exact specitrcations.
* This table and its ��ciuir-em is do ��r�t gi#(�_t" ch, t�� rc riw�ccrxi r�# �c�r cirri
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.
tt g `!) -trees should be [anted tell ti t a l ° from -rii Liuliti
incl tdin.,
-yvatgr andsewer (t l ; Ul-fleSSlc i (r t 'it I tt c c
As diitec
C. Landscaping ref etba 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 punts, and surrounding pervious ground cover.
1. A minimum of one (1) tree shall be planted for every fifty () feet of street
frontage, lake shore or strearn 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 hest 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 (0) feet along the shoreline, except where natural vegetation
is sufficient to meet this requirement;
2. In addition to the requirements of C. I above, a minimum of five () trees shall be
planted for every one (1) acre of land that is develop. ed,,. disturbed b
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 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 comer planting beds,
2. Shade trees shall be provided within the interior of parking lots (in islands or
comer planting beds) in accordance with the following table:
Table 6-2, Minimum Required Tree Planting for`Parking Lots
Number of Parking Spaces Mininium Required Tree Planting
0-30 None required
31-100 1 tree per 10 spaces or fraction thereof
101+ 1 tree per 15 spaces or traction thereof
E. Perimeter Parking Lot LancIscaping. 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 exec lien of the VMX area A landscaped frontage strip at least five (5)
a
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, berg, 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 minimurn 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 maximurn 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. Wsere 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 forties 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.
G. Allaintenance and Installation qflWaterials. 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 forth 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 ina reasonable state of health,
The financial security may be used to replace any landscape materials that have becorne
damaged or diseased after planting. Adequate security must be retained to ensure
performance for at least two years after the installations have been completed.
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- —22v as adopted on this day of
2018, by a vote of __5Ayes and Q Nays.
"Mike `Ca7r§6ii Mayor
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