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HomeMy WebLinkAboutTree Preservation draftCHAPTER 1127 TREE PRESERVATION & LANDSCAPING SECTION: 1127.01: Purpose 1127.02: Definitions 1127.03: General Tree Protection Requirements 1127.04: Tree Removal on Lots without Construction or Grading Permits 1127.05: Landscaping Appeal Process 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 will 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: SIGNIFICANT TREE: a significant tree is defined as any live healthy tree measuring eight (8) inches in diameter or greater, measured at 4.5 feet above the ground. SPECIMEN TREE: any species over 16 inches in diameter. HIGH VALUE TREES: Any tree from the list below, at least eight (8) inches in diameter. Birches (River & Paper) Cherry All Firs Flowering Crabapples Hackberry Ironwood Japanese Tree Lilac All Lindens All Maples All Oaks Ohio Buckeye Pines (except Jack) All Spruce WOODLOT: An area of trees of significant or specimen size on at least twenty-five (25) percent of the total lot area. ROOT ZONE: That area of effective tree rooting (out to the extent of the branches plus 5 five feet). TREE CROWN: The upper part of a tree, including the branches and leaves. 1127.03: GENERAL TREE PROTECTION REQUIREMENTS: Subd. 1. Developers, landowners, and builders shall attempt to preserve the maximum amount of significant trees on lots as possible by using creative design techniques for the location of structures and other improvements within property boundaries. Subd. 2. Tree Inventory & Preservation Plan Required. A tree inventory, prepared by an arborist, landscape architect or forester, shall be submitted for any project in which trees will be impacted as a result of said project. Tree inventories shall identify existing healthy significant trees, specimen trees, woodlots and clumps of non-significant trees within the limits of the proposed development area. The inventory should clearly indicate which trees would be lost as a result of the development and which trees would be saved. The tree inventory shall be submitted at the same time as any other required application submittals. Subd. 3. Preservation standards Structures and other amenities shall be located in such a manner that the optimum number of trees shall be preserved. 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. Forestation, reforestation or landscaping shall utilize a variety of tree species and shall not utilize any species presently under disease epidemic. Species planted shall be hardy under local conditions and compatible with the local landscape as approved by the City Forester. 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 and shall provide existing trees with a minimum watering equal to one-half the tree’s crown area. Subd. 4. Replacement Standards. If significant trees are to be removed, the permit holder shall agree to restore the density of trees to that which existed before development but in no case shall the permit holder be required to increase the density above ten (10) trees per acre or five (5) trees on lots of less than an acre. If specimen trees must be removed, the owner or permit holder shall plant five (5) trees for each specimen tree removed, up to a maximum of ten (10) trees per acre or five (5) trees on lots of less than an acre. Replacement tree species are to be approved by the City. A twenty-five percent reduction in the number of required replacement trees may be applied to encourage the planting of High Value Trees as defined in Section 1127.02. 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. 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. 5. 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, materials, debris or fill shall be placed. Subd. 6. Additional Removals. If, through the course of a development activity, it becomes necessary to remove additional trees beyond what was previously approved in the grading 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. 1127.04 TREE REMOVAL ON LOTS WITHOUT CONSTRUCTION OR GRADING PERMITS: Subd. 1. No more than two significant trees shall be permitted to be removed per year on lots upon which no development or grading activity is occurring, unless an approved Forest Management Plan has been obtained. Trees removed because they are an obstruction to traffic or power lines, or trees removed because they pose a hazard to structures or sewer systems, or have been identified by the City Forester as diseased or hazardous, shall be excluded from these requirements. Subd. 2. Forest Management Plan: An approved Forest Management Plan will be required if more than two (2) significant trees per year are removed. At a minimum, the plan must include the following information: A scaled map designating all forested areas and existing and proposed uses of such areas. Location of all existing structures, roads, utilities, and driveways on the site. A written narrative describing specific activities and reasons for developing the plan, and how these actions and activities will affect the forest. Specific examples include, but are not limited to: better forest management (thinning or removal of dead or diseased trees), improved wildlife habitat, recreational use, outdoor education, and trails. Tree Replacement may also be required as part of the Forest Management Plan. Tree replacement, as outlined in Section 1127.03 Subd. 4, shall be required if trees are removed without obtaining an approved approval for a Forest Management Plan. (See also Section 1127.08 regarding violations and penalties.) Forest Management Plans must be prepared by a forester, arborist, or landscape architect, and approved by the City Forester. Plans may be reviewed by the Parks, Recreation and Forestry Commission. 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: 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. 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 percent of site not covered by structures and impervious surfaces. Landscape data: A planting schedule table shall include symbols, quantities, common names, botanical names, size of plant materials, root specifications, and special planting instructions. Typical sections and details of fences, planting boxes, retaining walls, tot-lots, picnic areas, berms and other landscape improvements. Typical sections of landscape islands and planter beds with identification of materials used. Details of planting beds and foundation plantings. Delineation of both sodded and seeded areas indicated in square footage. 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: One (1) overstory deciduous shade tree for every two thousand (2,000) square feet of the total building footprint. 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. 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. 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. 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. 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 or City Forester must approve all changes. Subd. 4. Minimum size of plantings: Overstory deciduous – 2 ½ inch caliper. Coniferous – 6 feet in height as measured from grade. Shrubs – 24 inch plant (potted). 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. All shrubs shall be potted. Subd. 6. Use of Landscaping for Screening: 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. 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. Tree stumps shall be removed or ground down below grade. PLAN REVIEW PROCESS All tree inventories, preservation plans, forest management plans and landscape plans shall be reviewed by the City Forester. The Parks, 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 without a development application, the Community Development Director shall retain administrative approval authority. APPEAL PROCESS Landowners, developers and builders may appeal administrative decisions 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. VIOLATION AND PENALTIES Except as provided herein, no significant or specimen tree shall be removed from any property in the City of Mounds View. Any violation of any provision of this Chapter shall constitute a misdemeanor offense. Property owners having been cited for illegal tree removal may be fined up to $350 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 if violations are extreme.