Loading...
HomeMy WebLinkAboutOrdinance 785• ORDINANCE NO. 785 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVAL OF AN ORDINANCE ADDING TREE PRESERVATION & LANDSCAPING REQUIREMENTS THE CITY OF MOUNDS VIEW DOES HEREBY ORDAIN: SECTION 1. Chapter 1103, Section 1103.08 subd. 4, "Landscaping Required", is hereby amended with the proposed addition underlined: 1103.08: FENCING, SCREENING AND LANDSCAPING Subd. 4. Landscaping Required: In all zoning districts, the lot area remaining after providing for off-street parking, off-street loading, sidewalks, driveway, building site and/or other requirements shall be planted and maintained in grass, sodding, shrubs or . other acceptable vegetation or treatment generally used in landscaping. The re uirements of Cha ter 1127,05 must be met for all new develo menu in the R- 3 R-4 B-1 B-2 B-3 B-4 I-1 and PUD districts. SECTION 2. The City Council of the City of Mounds View, has hereby determined that the Mounds View Zoning Code be amended by adding a Tree Preservation & Landscaping Ordinance as follows: CHAPTER 1127 TREE PRESERVATION & LANDSCAPING SECTION: 1127.01: 1127.02: 1127.03: 1127.04: 1127.05: 1127.06 1127.07 Purpose Definitions General Tree Protection Requirements Tree Removal on Lots With Construction or Grading Permits Landscaping Requirements Plan Review Process Appeal Process 1127.08 Violation and Penalties • 1127.01: PURPOSE. The purpose of this chapter is to identify trees and woodlots which are to be preserved in general and saved when development is occurring or at any point thereafter. It is the City's goal to ensure that development is compatible with the natural environment and is accommodated without destroying desirable environmental features and natural amenities. It is not the City's intent, however, to preserve significant trees or woodlots where substandard subdivision design, poor drainage, excess slope in streets and driveways or inefficient utility construction would result. 1127.02: DEFINITIONS: When used in this Chapter, the following words and phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: DRIP LINE: The imaginary line at the outer edge of a tree or shrub, the point where water would drip to the ground from the outermost branches or leaves. HIGH VALUE TREES: Any tree from the list below. ^ Birches (River & Paper) Ironwood ^ Black Walnut Japanese Tree Lilac ^ Catalpa All Lindens ^ Cherry All Maples ^ All Firs All Oaks ^ Flowering Crabapples & Ohio Buckeye Hawthorns Pines (except Jack) ^ Hackberry All Spruce ^ Hybrid American Elm ROOT ZONE: That area of effective tree rooting (out to the extent of the branches plus 5 five feet). SIGNIFICANT TREE: A significant tree is defined as any live healthy High Value tree measuring eight (8) inches in diameter or greater, measured at 4.5 feet above the ground. SPECIMEN TREE: Any High Value Tree over 16 inches in diameter, or any other species over 30 inches in diameter. TREE CROWN: The upper part of a tree, including the branches and leaves. WOODLOT: An area of trees of significant or specimen size on at least twenty-five (25) percent of the total lot area. ~J 1127.03: GENERAL TREE PROTECTION REQUIREMENTS. Developers, landowners, and builders shall attempt to preserve the maximum number of significant and specimen trees on lots as possible by using creative design techniques for the location of structures and other improvements within property boundaries. Subd. 1. Preservation Standards. a. Structures and other amenities shall be located in such a manner that the optimum number of trees shall be preserved. b. Prior to the granting of a permit, the person requesting the permit shall demonstrate that there are no feasible or prudent alternatives to the removal of significant or specimen trees on the site. c. Forestation, reforestation or landscaping shall utilize a variety of tree species and shall not utilize any species presently under disease epidemic. d. Development including grading and contouring shall take place in such a manner that the root zone, as defined in Section 1127.02, of existing trees shall not be affected. 1127.04: TREE REMOVAL ON LOTS WITH CONSTRUCTION OR GRADING ACTIVITY' Subd. 1. Tree Plan Required. A tree plan, which would include a tree inventory, prepared by an arborist, landscape architect or forester, shall be submitted for any project in which any trees will be impacted as a result of said project. Tree inventories shall identify existing healthy significant trees, specimen trees, woodlots and smaller groups of non-significant trees within the limits of the proposed project area. The inventory should clearly indicate which trees would be lost as a result of the project and which trees would be saved. The tree inventory shall be submitted at the same time as any other required application submittals. This requirement may be waived at the discretion of the Community Development Director and the City Forester. Subd. 2. Replacement Standards. Replacement tree species shall be approved by the City Forester in accordance with Section 1127.05. a. No additional plantings shall be required on lots less than one acre where five or more replacement and high value trees over eight inches in diameter would remain, or on lots one acre or larger where ten or more replacement and high value trees over eight inches in diameter would remain. For every significant tree removed, the permit holder or property owner shall plant a new tree on a one-to-one replacement basis, up to a maximum of five new trees. ~ Parcels in the R-l, Single Family Residential zoning district are exempt from the provisions of this section. • b. For every specimen tree removed, the permit holder or property owner shall plant a minimum of two new trees, up to a maximum of five new trees. c. Replacement trees shall be planted no later than twelve months beyond the date of tree removal. The owner or permit holder shall guarantee the survival of the replacement trees for two full growing seasons beyond the year of planting. In cases where replacement cannot occur within the specified timeframe, an extension may be granted at the discretion of the City Forester and Community Development Director. d. Replacement Quantity Reductions. The number of required replacement trees may be reduced when deemed appropriate at the sole discretion of the City Forester based on existing site conditions. e. Exceptions. Replacement requirements shall not apply to trees lost as a result of utility trimming or maintenance, work conducted by or on behalf of a governmental agency in pursuance of its lawful activities or functions, disease, storms or other acts of natural occurrence. • Subd. 3. Trees within development-areas designated for preservation shall be protected from construction damage by placing a snow fence or flags in a perimeter five feet beyond the tree's dripline, within which area no equipment shall traverse or materials, debris or fill shall be placed. Subd. 4. Additional Removals. If, through the course of a development activity, it becomes necessary to remove additional trees beyond what was previously approved in the Tree Plan. It shall be the responsibility of the applicant to submit such request to the City in writing, explaining the reasons necessitating the additional removals, and obtain written approval of the Community Development Director or designee before proceeding. 1127.05 LANDSCAPING: Subd. 1. Applications for development in the R-3, R-4, B-1, B-2, B-3, B-4, I-1 and PUD districts shall be accompanied by a detailed landscape plan. The landscape plan should be developed in accordance with the site plan submitted for approval. Subd. 2. Detailed landscape plans shall include the following information: a. General: name and address of developer/owner, name and address of architect/designer, date of plan preparation, date and description of all revisions, name of project or development, scale of plan, north point indication. • b. Site analysis: Boundary lines of property line with dimensions based upon certified survey, name and alignment of proposed and existing adjacent on- site streets, location of all proposed utility easements and right-of-way, location of existing and proposed buildings, topographic contours at two (2) foot contour intervals, location of parking areas, water bodies, proposed sidewalks, and percentage of site not covered by structures and impervious surfaces. c. Landscape data: A planting schedule table shall include symbols, quantities, common names, botanical names, size of plant materials, root specifications, and special planting instructions.. d. Typical sections and details of fences, retaining walls, berms and other landscape improvements. e. Typical sections of landscape islands and planter beds with identification of materials used. f. Details of planting beds and foundation plantings. g. Delineation of both sodded and seeded areas indicated in square footage. h. Where landscape or inorganic materials are used to provide required screening from adjacent and neighboring properties, a cross section shall be provided at a legible scale illustrating the prospective of the site from the neighboring property and property line elevation. Subd. 3. Number of plant materials required: In order to achieve an appropriate and complete quality landscaping of a site, the following minimum number of plant materials shall be provided as indicated below: a. One (1) overstory deciduous shade tree for every two thousand (2,000) square feet of the total building footprint. b. One (1) coniferous tree for every two (2,000) square feet of building or one (1) coniferous tree for every two hundred (200) feet of site perimeter, whichever is greater. c. One (1) understory shrub for every three hundred (300) square feet of building or one (1) shrub for every thirty (30) feet of site perimeter, whichever is greater. d. One (1) ornamental tree for every two thousand (2,000) square feet of building or one (1) ornamental tree for every two hundred (200) feet of site perimeter, whichever is greater. • e. The number of plant materials required in Subdivision 3 a-d may be reduced by fifteen percent in each category in the I-1 districts. f. In the event a site plan layout does not have adequate space to accommodate plant quantities as required herein, such quantities per species can be reduced, provided that total required height or caliper is maintained. The Community Development Director and City Forester must approve all changes. Subd. 4. Minimum size of plantings and species requirements: a. Only tree species from High Value Tree list or other tree species as approved by the City Forester shall be used. b. Overstory deciduous - 2 %2 inch caliper. c. Coniferous - 6 feet in height as measured from grade. d. Shrubs - 24 inch plant (potted). e. Ornamental trees - 2 inch caliper. Subd. 5. Method of installation: All deciduous and coniferous trees shall be ball and burlap and staked and guyed per National Nurserymen's Standards. Alt shrubs shall be potted. Subd. 6. Use of Landscaping for Screening: a. Where natural materials, such as trees or hedges are approved in lieu of the required screening by means of walls or fences, density and species of planting shall be such to achieve screening year round. Subd. 7. Maintenance. a. Property owners shall be responsible for the upkeep of all required plantings and landscape materials. Upon written notice from the City, a property owner shall be required to trim broken or damaged tree boughs, remove fallen trees or storm damaged trees and remove diseased trees as identified by the City Forester.2 Uprooted, damaged or diseased tree stumps shall be removed or ground down below grade. z Refer to Chapter 605, Tree Disease Control. b. It shall be the property owner's responsibility to maintain the boulevard area between the property and any adjacent street frontage. 1127.06 PLAN REVIEW PROCESS All tree inventories, preservation plans and landscape plans shall be reviewed by the City Forester. The Parks and Recreation and Forestry Commission may also review such plans at the request of the Community Development Director or the City Forester. When such plans are required as part of a development application (e.g. development review, conditional use permit, minor or major subdivision) the Planning Commission and City Council shall have approval authority. For such plans submitted when no official planning action is necessary, the Community Development Director and City Forester shall retain administrative approval authority. 1127.07 APPEAL PROCESS Administrative decisions by the City Forester and/or Community Development Director may be appealed to the City Council. An appeal shall be filed in writing no more than fourteen (14) days following the date of the administrative decision by the City. The appeal shall be scheduled for consideration by City Council at the next regularly scheduled City Council meeting which is at least seven (7) days from the date of the appeal. 1127.08 VIOLATION AND PENALTIES Except as provided herein, no significant or specimen tree shall be removed from any property in the City. Any violation of any provision of this Chapter shall constitute a misdemeanor offense. Property owners or permit holders having been cited for illegal tree removal may be fined up to $750 for each significant or specimen tree illegally removed. In addition to the punishment specified in this section, the City may enforce this Code by any other appropriate form of action which could include withholding a Certificate of Occupancy, forfeiture of all or part of a bond, escrow or financial guarantee and stoppage of the project. • • SECTION 3. This ordinance takes effect 30 days after its publication in the official City newspaper. INTRODUCTION AND FIRST READING by the City Council of the City of Mounds View this 26th day of November, 2007. PUBLIC HEARING, SECOND READING AND ADOPTION by the City Council of the City of Mounds View this 10th day of December, 2007. ,~ .~ Cam'"°"`~ Ro Marty, Mayor ATTEST: James Ericson, Interim City Administrator (SEAL) • ~~ • • ~~~~1~~~~ ®~ ~~1~~~~~.~~~~ State of 1Vfirnnesota ~ SS Coaunty of Raarns~y WES COHEN ,being duly sworn, on oath, says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as NF,W RRICTHT(~N RiJT,i,F,TTN ,and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed ORDINANCE NO. 785 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for 1 successive weeks; it was first published on WEDNESDAY ,the 19TH day of DECEMBER , 20 07 ,and was thereafter printed and published on every to and including ,the day of , 20 ;and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: *ABCDEFGHIJKLMNOPORSTUVWXYZ *ABCDEFGHIJKLMNOPQRSTUVWXYZ *abcdefg hijklmnopgrstuvwxyz Subscribed and sworn to before me on th~ 19TH day of DECEMBER 20 07 Notary Public "Alphabet should be in the same size and kind of type as the notice. °~~`~'~'~~ TONYA R. WHITEHEAD ~ Notary Public-fvtannesata RATE INFORMATION a ~~ My Commission Expires Jan 31, 2010 (1) Lowest classified rate paid by commercial users for comparable space ...................................... (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter TITLE ACCOUNTING CONTROLLER 1 /07 $24.00 per col. inch $23.25 per col. inch ......... $ per col. inch • ORDINANCE SUMMARY ORDINANCE N0.7~+` CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA pN OfiDiNANCE A ~N gCAPENG PRESERV REQUIRE ENTg On December 10; 2007, the Mounds View City Council adopted an o~zoning which adds language to the C•tl~s regulations to ensure that new construction complies with requirements to preserve or realnd me t'minimum specimen trees, landscaping requirements. The ordinance, along wtth the full text of the Ci>)I's Wetland Zornng Code, are on file and available for public viewing ~ the office of the Cletl in ~ i~r~Y o^ the ordinance i WePti te, Ipcated at City's • mn mds-yiey~~ E~~n 1Merlm City Glsrk Administrator (Bulletin: pec.19, 200'n • 1~ u ' ORDINANCE SUMMARY ORDINANCE NO. 785 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE ADDING TREE PRESERVATION AND LANDSCAPING REQUIREMENTS On December 10, 2007, the Mounds View City Council adopted an ordinance which adds language to the City's zoning regulations to ensure that new construction complies with requirements to preserve or replace significant and specimen trees, and meet minimum landscaping requirements. The ordinance, along with the full text of the City's Wetland Zoning Code, are on file and available for public viewing at the office of the Clerk Administrator. The ordinance is posted in its entirety on the City's website, located at www.ci.mounds-view.mn.us ~~~ James Ericson Interim City Clerk-Administrator •