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STATE OF MINNESOTA
ORDINANCE NO. 08-220
B. Definitions. The following words, to 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, &+,\-Eiklef, 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, 4Zae
ef-i"ofe4whe4gli4,, having foliage on the outermost portion of the branclies 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 twenty4tich 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 Meet
(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.
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Nuisance Tree. (1) Any living or standing tree or part thereof infected to any degree with
a shade tree disease_.(aee ShadeTree D'sease 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 bUcH101,11 boxelder, apd cottonwood.
Ornamental 'Free. A small tree. usually less than thiLta,�,3 cet q tjLatgtt foften ) anted
f'or ornamental characteristics SUcli as flowers or attractk,e bark.
Shade Tree Disease, Dutch elm disease (Ophiostoma uhm 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 heig—lit 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,�Iecjdgogs liardwoodtree measuring equal to or greater than
thirty (30) inches in diameter breast height oLLa healdiv coni fe-rous"eve-lorreen tree
111C�USLHJI _orgreqLer than twenty-fi\'�e Z5) -,' t J 'i heis-11LI.
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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.
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1. Applicability.
a. A Tree Preservation Plan, or suitable alternatives as detennined 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 .O 17.
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
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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
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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-: �Mn(j cLte of detail,
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1. Size, species, number and location of all replacement trees proposed to be
planted on the property in accordance with the Mitigation Plan, if necessary.
in. 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. 1-te-C-'41N,
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The
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
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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: Lead, 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 theageofthe 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.
. litigation flan.
a. In any development or grading project where the allowable tree removal i
exceeded, the applicant shall mitigate the tree loss l by planting
re alaccmca t trees in a arcs ariate areas witlaita the do elo naent iaa accordance
with the Tree Iteplacena nt Schedift.
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b. The form of mitigation to be provided by the applicant shall be determined by
the City.
. 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. 'free Replacement Calculations. Thirty 0) percent of the total diameter inches of
significant trees on the site may be removed without eplac;erne t. _&
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.
as
i d c ci t& L ci t c c c r i to the nt
Schedule in subsection S.
. 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 / ) the diameter inches
removed. Since coniferous species are often sold by height 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 oft/2) the diameter inches removed.
Replacement Tree -Size. Replacement trees gust be a minimum of one
(1) inch in diameter.
9. Species Requirement: The {pity 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 0)
percent of 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 heal by, as
determined by the City, or
applicantwithin two (2) years after the date of project closure shall be removed by the
] 1, Protective Measures. The Tree Preservation Plan shall identify and require the
fallowing 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.
h 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 Tian. 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 b, the City.
as 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:
LIrreparable Damage. Where the City deterrnines 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, histance; eyper � L ftc,,, t tre , s {are) removed ed c1 C to c eVelo af- �L- "
diStUrb d �,Orich as not noted on the 1ar0scii yin ,, «w tree reino al laii will
result in a ope to one repL ��qt Le tit pc,�� ��t�r �e ��"clip � it`it sc�� tw the 0
allowance.,
ii e.,
-..I Q. Financial Security. In eases 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 flan. Tlie 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
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may be used to replace any replacement trees that have become damaged or diseased
after planting.
F-.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.
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LnLty _for exce rough tile j)tions as indicated in 154.102
eExceptions 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;
e,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
4c,.The exception requested is the minimum needed to accomplish the desired
development.
2. Reduced Mitigationfor Exceptions, If an, exception is granted, relief from the
requirements of the ordinance may take the for 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 COL11-16 I IIIa ret ire saqnest of park dedication fees,,
woodland management t)ractices, or plantim- of rep-14-ciol-ineept trees on 0 1 1, , _
prQpert ndcr direction of the Public Works Director as a condition of variance
ALIaro al
(Ord. 08-077, passed 5-07-2013)
SECTION 2. The City Council ot the City of Lake Elmo hereby amends Title XV: Land
Usagel Chapter 154 Ing Code; Article Vill', Environmental Performance Standards;
Section 154.258 Landscape Requirements by amending the following -
All development sites shall be landscaped as provided in this section in order to control erosion
and runoff, moderate extrernes 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-larnily development, all platmed unit developments,
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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.
�,,__Special planting instructions.
6-.S.Utilitics arid driveways shall also be clearIv sh(,m,n on th
LLINCI ILI
B, Design Considerations. The following design concepts and requirernents shall be
considered when developing a landscape plan.
I . 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
-olant 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. Ornaniental trees i
LISCd whell apr)W-�, (nvards tandsca sec e ients, However,111 nurnberof
tree.s shall not_ exceed_151,11�gaof the -(L �iired 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, dule, shall
meet the following minimum size standards in Table 6-1.-Trees planted ter the -_
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Table 6-1, Minimum Sire Standards for Landscape Materials
Plant Type
Trees:
Evergreen
C eciduous —shade
Deciduous - ornamental
Shrubs:
Evergreen:
Deciduous
Shrubs used for screening
Minimum size at planting
6 feet in height
2.5 inches caliper, measured f inches from base
2 incaes caliper, measured 5 inches from base
# 5 container*
5 container*
or deciduous) ## 5 container*
* Approximately 5 gallons. See American Standards for Nursery Stock, ANSI
This table and iLS reg j�i�LQ ii tth tree Kgplacement schedule'
. 1-2004 for exact specifications.
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:
indutiitia �Nlaterand t"�:�er Sttlbl— tittle° f ij�i, �t
Architect,
C. Landscaping of ` `etbac Area . 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;
I . A minimum of one f j tree shall be planted for every fifty 0 feel 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 j feet along the shoreline, except where natural vegetation
is sufficient to meet this requirement.
. In addition to the requirements ofC.I above, a minimum of five trees shall be
planted for every one l acre of land that is d w- - disturbed by _ _ -
development activity. Such trees may be used for parking lot landscaping or
screening as specified in subsections D and E below,
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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 Parldug 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 fractiaLhereof,
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. 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'screc'n 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
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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 ql'Material s. 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.
I-L 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 0- was adopted on this _ day of
2018, by a vote of Ayes and Nays.
LAKE ELMO CITY COUNCIL
'Mike 1'&ff§6iK,' Mayor
ST*
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Julie J l ison, City Clerk
This Ordinance 08-220 was published on the dayof 2018.
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