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Draft Tree Ordinance Report <br />Page 2 <br /> <br />2. A property owner would like to remove one 20-inch in diameter tree (a Specimen <br />tree) in order to build a new garage. The property owner would be required to <br />replace up to 5 trees on lots less than an acre, or up to 10 trees on lots exceeding <br />an acre. This number may be lessened if the City determines that this number is <br />not feasible. There will be properties where there would not be enough space to <br />plant the required number of trees, or any trees at all. <br /> <br />3. A property owner would like to remove four trees from the front yard that are 8-10 <br />inches in diameter (Significant trees) because they are blocking his view of a pond <br />across the street. Since there is no development or grading happening in <br />conjunction with this tree removal, a Tree Plan would be required. The property <br />owner would be required to restore the density of trees to that which existed prior <br />to the removal, but in no case shall the owner be required to increase the density <br />on the subject property above ten (10) trees per acre or five (5) trees on lots of less <br />than one acre. <br /> <br />4. A developer plans to build 12 new homes on a three acre wooded site. A <br />professionally prepared Tree Plan would be required, which would include a tree <br />inventory indicating which trees will be impacted as a result of the project, along <br />with identifying healthy significant trees, specimen trees, woodlots and clumps of <br />non-significant trees within the site. The tree inventory would clearly indicate <br />which trees would be lost as a result of the development and which trees would be <br />saved. The replacement standards for Significant and Specimen Trees would be <br />applicable, which means up to 10 trees per acre, or 30 trees could be required to <br />be planted. Any trees on site that were to be saved shall be protected during <br />construction activities. <br /> <br />The last main area of the ordinance is regarding landscaping. This will now require <br />applications for development to be accompanied by a detailed landscape plan, along with <br />indicating specific requirements for number of plants, minimum size of plantings, method <br />of installation, using landscaping for screening and landscaping maintenance. <br /> <br />An appeal process is available along with a violation and penalties section. Property <br />owners may be fined up to $350 for each significant or specimen tree illegally removed. <br />This amount may seem excessive, but it does state up to $350, and this amount reflects <br />the true cost of replacement for a comparable tree. Other penalties could include <br />withholding a Certificate of Occupancy for new development, forfeiture of all or part of a <br />bond, escrow or financial guarantee and stoppage of a project if violations are extreme. <br /> <br />The City Council reviewed and discussed this on Monday, March 5th, and Parks & <br />Recreation Commission will also be reviewing the ordinance in the coming weeks. Tom <br />Hughes, prosecuting attorney and Scott Riggs, City Attorney have reviewed the ordinance <br />and made suggestions. Staff has been working closely with City Forrester Rick Wriskey <br />to draft this ordinance. He would be happy to answer any questions 651-638-2125 or <br />RWRISK@ci.new-brighton.mn.us. <br /> <br />Recommendation <br /> <br />It is recommended that the Planning Commission review and discuss this draft ordinance.