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HomeMy WebLinkAboutTree Preservation OrdinanceItem No: 2 Meeting Date: 10/01/07 Type of Business: Work Session City of Mounds View Staff Report To: Honorable Mayor and City Council From: Heidi Heller, Planning Associate Item Title/Subject: Proposed Tree Preservation & Landscaping Ordinance Background City Council last discussed the proposed tree ordinance on April 2nd, and at that time it was decided to hold off on any further action until after the next city newsletter went out with information about this proposed change. In the newsletter, staff asked for feedback from residents as to whether they supported some sort of tree preservation ordinance or not. Staff received one phone call the day after the April Council Worksession from a resident indicating that she was not supportive of the city putting rules on residents removing trees from their property. The Mounds View Matters newsletter was mailed at the end of April, and staff wanted to allow time for residents to comment. Staff received no other responses to the tree ordinance proposal. The Planning Commission and the Parks, Recreation & Forestry Commission are supportive of having some sort of tree preservation ordinance, although both are concerned about the City being too restrictive. At the April Worksession, Council began to re-examine whether or not to put this tree ordinance into effect, and what the City really wants to accomplish with the ordinance. Both the Planning Commission and Parks and Recreation and Forestry Commission feel strongly that this ordinance should not prohibit single family property owners from doing whatever they want on their property with their trees. The current version of the ordinance addresses this by exempting all R-1 and R-2 zoned properties from Section 1127.05 Tree Removal on Lots without Construction or Grading Activity. Staff's thoughts are that the tree replacement and preservation requirements would only be in effect if there is construction on the property, particularly a new home built. But does the City want to impose these requirements on an R-1 or R-2 property owner who is just building a new garage or deck? Exempting R-1 and R-2 properties when no "development" is occurring however creates a loophole. There are presently three or four potential infill residential redevelopment areas in the City. Submitting a development application is the trigger for the tree plan, inventory, replacement requirements, etc. Knowing this, the land owner(s) could clear cut the lots without penalty PRIOR to submitting the development application thereby avoiding any requirements whatsoever. Staff is unsure how to close this loophole without otherwise restricting the typical single-family property owner. Staff will require some direction from the Council regarding this issue. After the discussion at the March City Council Worksession, the draft ordinance was amended to increase the max fine for each significant or specimen tree illegally removed to $750. Is the Council comfortable with this amount? Proposed Tree Preservation Ordinance Worksession Staff Report October 1, 2007 Page 2 Staff was asked to review the "Tree City USA Bulletin" titled How to Write a Municipal Tree Ordinance. The Tree City USA program suggests 15 sections for a tree ordinance. All of these sections are addressed either through current practice and the city code, or are included in the new ordinance. Recommendation It is recommended that the City Council review and discuss this draft ordinance, and determine the next steps. Staff has some suggestions in regards to further action by the Council: 1. No further action. Council may decide to not move forward at all with this proposed Tree Preservation ordinance, or, 2. Edit the current draft to be less restrictive to existing home and business owners. Council could consider removing Section 1127.05 Tree Removal on Lots without Construction or Grading Activity — this would eliminate any tree removal restrictions for property owners with existing homes and buildings; and revising Section 1127.04 Tree Removal on Lots with Construction or Grading Activity to only be applicable to new construction; residential and/or commercial. Staff asks that Council consider at least moving forward with Section 1127.06 Landscaping, since the city code currently has virtually no requirements for landscaping with new developments. Another important issue that this section addresses is in subdivision 7, maintenance of landscaping. This requires property owners to trim damaged trees and remove uprooted or diseased tree stumps. Respectfully Submitted, Heidi Heller Planning Associate Attachments: 1. Page from May/June Mounds View Matters with Tree Ordinance Information 2. Tree City USA Bulletin 3. Proposed Tree Ordinance TREE PRESERVATION AND LANDSCAPING ORDINANCE The City of Mounds View is considering adopting a new Tree Preservation & Landscaping Ordinance- Many other cities in the Twin Cities have adopted some level of tree preservation ordinances over the Last several years. Currently this is an on -going discussion in Mounds View, with possible adoption occurring around June 2007. This ordinance would encour- age tree preservation, have tree replacement requirements after a certain amount of tree removal, and specify landscap- ing requirements for new development_ City staff is working closely with the City Forester, City Council, Planning Com- mission, and Parks, Recreation & Forestry Commission to find a balance between having some regulations for tree re- moval and replacement standards, and the rights of property owners to do what they want with the trees on their property_ The City would like to hear comments and suggestions from residents, such as: Do you support any level of a tree preservation ordinance in Mounds View? Should there be tree removal and replacement regula- tions put on existing property owners? Should the ordinance be limited to new development only? Any feedback is appreciated. Please call or email with com- ments or questions: Heidi Heller, Planning Associate at 763- 717-4322 or heidi.Keller[ci.mounds-view.nin_us VOLUNTEERS NEEDED FOR THE MOUNDS VIEW CHARTER COMMISSION There are presently vacancies on the Mounds View Charter Commission. The members must be Mounds View residents and are appointed by the District Judge to four-year overlap- ping terms_ Approximately half of the appointments expire every two years. The Commission originated in 1979 when the City of Mounds View adopted a Home -Rule Charter Plan_ The Charter Commission currently meets on the second Tuesday of the month or as needed. The Mounds View Home Rule Charter establishes the basic organization, functions, and operational procedures of our city government. The purpose of the Charter Commission is to serve as custodians of the Mounds View City Charter in accor- dance with state laws to ensure that the Charter is an effective and workable document that will benefit our residents in over- seeing city operations and expenditures. For more informa- tion about serving on the Charter Commission and a copy of the application, contact Desaree Crane at 763-717-4016, or download and print the application on the Mounds View Website at: http:/1www-ci.mounds-,,iev.;.mnE.nslcocal chartapp.pdf INSPECTIONS FOR RENTAL PROPERTIES TO BEGIN Beginning in May and continuing throughout the summer, the City of Mounds View will be conducting annual inspec- tions of all licensed multiple dwelling properties. The City requires all multiple dwellings with two or more dwelling units to obtain a multiple dwelling license from the City; the licensing process requires an annual inspection of the prop- erty. Inspections are conducted in accordance with the City's Housing Maintenance Code, (the International Property Maintenance Code with local amendments) and the Minne- sota Fire Code. In addition to selected dwelling units, mini- mum inspection standards require that the building exterior, exterior property surrounding the building, hallway corri- dors, and other public areas be inspected. Not every dwell- ing unit will be inspected, however, any dwelling unit will be inspected upon the request of the resident. The purpose of these annual inspections is to ensure that all registered multiple dwellings are properly maintained and that no haz- ardous conditions exist, thus, protecting the health, safety,_ and welfare of the public. IN THE EVENT THAT YOUR UNIT IS INSPECTED AND DOES NOT PASS.... Depending on the exact nature of the violation, a follow-up inspection wilt be scheduled approximately 30 days from the date of the initial annual inspection. The owner and/or property manager will be notified of the violations present and the follow up inspection date. Any additional questions about the inspection process may be directed to Jeremiah Anderson, Housing/Code Enforce- ment Inspector at (763) 717-4023 or jeremiah.anderson( i.mounds-view.mn.us Creative Kids Child Care Center 5394 Edgewood Drive, Mounds View 7G3-792-4077 (Located in the Mounds View Community Center) *Full/Part time & Mop in Available 'Experienced Child Care Professionals Tlansportallon Io Schools Open Monday — Friday Before1After School 5 $ummer Programs ENROLLMENT NOW! 5O%0FF Registration fee and 112 off 2nd week enrolled "This Is a pald advertisement. 4. Mounds View Matters Page 7 TRE CM/ USA® B LET1N No. Dr. James R. Fazio, Editor • $3.00 to Write a 1 ?1131iC1pa1 Tree Tree City USA is a powerful force for the promotion of tree care and urban forestry. It is a program that has caught the imagination of citizens, elected officials and urban tree professionals. Over 2,800 communities now fly the flag of accomplishment, a composite area that is home to some 107 million Americans. At the heart of the Tree City USA program are four basic requirements: The community must have (1) a tree board or department, (2) an annual community forestry program backed by the expenditure of at least $2 per capita for trees and tree care, (3) an annual Arbor Day proclamation and observance, and (4) a tree care ordinance. In this special issue of Tree City USA Bulletin, sections of a model ordinance are presented, explained and illustrated with actual examples. Not every section will be appropriate to all communities, and there are others in use that are not included in this general coverage of the topic. The purpose of this issue is to provide a starting point for the thousands of communities that do not have an adequate tree ordinance. Although an ordinance is only as good as the administrative program that backs it up —including support for education and, when necessary, enforcement —a munici- pal tree ordinance and involvement in the Tree City USA program are giant strides in the direction of healthier urban trees and a quality environment. John Rosenow, President National Arbor Day Foundation Published by The National Arbor Day FoundatIon7 100 Arbor Ave • Nebraska City, NE 68410 Ordinances reflect the values of a community, the values its residents believe are worth protecting to maintain their quality of life and an environment that is both safe and pleasant. A community's trees, often called the "urban forest," are very much the kind of community asset that deserves to be protected and managed for the common good. A tree ordinance encourages beautification, air cooling and purification, noise abatement, property value enhancement and the other attributes of trees within a city. It also enables citizens to prevent and control the spread of diseases, to preserve trees in the path of development, and to avoid unnecessary costs associated with sewer clogging, sidewalk replacement and tree -related accidents. An ordinance may also give force and direction to professional tree care within the municipality's work force and helps control unscrupulous or careless operators. Ordinances vary in length and complexity, but the key to effectiveness is to write the ordinance simply, clearly and tailored to the needs of your community. In the end, a tree ordinance is just another tool for proper tree care. Like any tool, it needs to be of high quality, matched properly to the job, and used with skill and care. T e Searcli. for a For several decades, citizens who want better tree protection in their communities have searched for "model" ordinances to guide the way. The ordinance sections and their descriptions found in this Bulletin are based largely on just such a model ordinance developed by Philip J. Hoefer of the Colorado State Forest Service. They are condensed from Municipal Tree Ordinance Manual, a publication of the International Society of Arboriculture and currently out of print. An important point made by Hoefer is that in addition to an ordinance, there should be an appended "standards and specifications" document. This presents detailed guidelines for arboricultural practices such as planting and pruning, tree care, removal, landscaping, contracting and similar activities that are important in any commu- nity forestry program. It is recommended that the standards and specifications section be a separate but companion part of a municipal ordinance. This is because including such a large amount of detail directly in the ordinance itself is cumbersome and difficult to change. For greater flexibility it is better to keep the ordinance brief, but to authorize the desig- nated forestry body (board, commission or department) to promulgate rules, regulations, standards and specifica- tions. These can be published separately and revised as necessary, but still be subject to final approval by the city council or other elected officials. Importantly, each community has different circum- stances that need to be addressed in an ordinance and its accompanying standards and specifications. Use the model ordinance sections in this Bulletin and the ordi- nances of other communities as starting points for developing your own ordinance or to revise one that is not trtinance working well, but add or delete sections to match the unique needs and circumstances of your community. Be sure to search your own city codes for any references to trees that may already exist. Finally, use the services of an attorney to review or help write all drafts to assure that your final product is legally sound as well as benefi- cial to the future of your community's trees. To locate sample ordinance provisions, type "sample tree ordinances" into your favorite search engine or "ordinances" into the search feature on the following sites: • www.isa-arbor.comIhome.asp • www.treelink.org A workable ordinance should be short. Detailed performance standards and specifications are best placed in a separate document. 2 • TREE CITY USA BULLETIN No. 9 • National Arbor Day Foundation Sec to or a Although no two tree ordinances will be exactly alike, there are some basic elements that will help assure that the document is workable and effective. These elements are called sections, and they are presented here with examples and principles that illustrate why each one is necessary. I. PURPOSE PRINCIPLE: An opening statement that clearly sets forth the purpose of the ordinance will help avoid ambiguity in interpretation. This initial section is usually capitalized and in bold print. Example: IT IS THE PURPOSE OF THIS ORDINANCE TO PROMOTE AND PROTECT THE PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE BY PROVIDING FOR THE REGULATION OF THE PLANTING, MAINTENANCE, AND REMOVAL OF TREES, SHRUBS, AND OTHER PLANTS WITHIN THE CITY OF II. AUTHO ITY AND POWER PRINCIPLE: Someone within city government must have the clearly designated authority to administer the provisions of the ordinance. This section defines, designates, or creates a department, board, commission, or person responsible for the planting, care and protection of the city's trees. Example: There is hereby created and established a City Tree Board for the City of , which shall consist of five members, citizens and residents of this city, who shall be appointed by the mayor with the approval of the city council. Members of the board shall serve without compensation. [HOME RULE AUTHORITY: In order to avoid conflicts with state laws governing trees, a statement transferring regulations to the city may be necessary. State, county and city laws will explain this process. If needed, the statement should be added as a section.] III. TERM OF OFFICE PRINCIPLE: Reasonable and clearly stated terms of office for volunteer boards or commissions will help infuse the program with new ideas on a periodic basis and will help avoid the problems created by obstructionists with life or long-term tenure. This section defines length of service, a method for filling vacancies, and the number of consecutive terms (if any) that can be served. Staggering terms can help assure continuity and stability. Example: The term of the five persons to be appointed by the mayor shall be three years, except that the term of two of the members appointed to the first board shall be for only one year and the term of two members of the first board shall be for two years. In the event that a vacancy shall occur during the term of any member, his or her successor shall be appointed for the unexpired portion of the term. A clearly stated purpose prevents misinterpretation. A tree ordinance and tree board or commission usually go hand in hand. Limited and staggered terms of office lend vitality and continuity to a board. Member diversity assures a blend of ideas and broader public support. A good mix might be one interested attorney, two green industry professionals and two interested residents or business leaders. TREE CITY USA BULLETIN No. 9 • National Arbor Day Foundation • 3 An ordinance must specify what property it covers, such as... ...along rights -of -way ...in public parks ...in cemeteries. A license requirement protects both trees and property owners. IV ''PLICILI PRINCIPLE: This section is needed to make it clear what property is covered by the ordinance. This usually includes trees on rights -of -way, public parks, cemeteries, and other public grounds, and sometimes even on private property. Example: This ordinance provides full power and authority over all trees, plants and shrubs located within street rights -of -way, parks and public places of the city; and to trees, plants and shrubs located on private property that constitute a hazard or threat as described herein. V. DEFINITIONS PRINCIPLE: To prevent misunderstanding, words that may be unfamiliar to lay citizens should be defined. If a standards and specifications appendix accompanies the ordinance many arboricultural terms can be placed there instead of in this section. Examples of words or terms to define: arborist, contractor, city forester or city arborist, tree, public tree, private tree, tree lawn, parkway, right-of-way, easement, etc. An insurance provision helps protect city government and unwary home or business owners who hire someone to do tree work. 4 • TREE CITY USA BULLETIN No. 9 • National Arbor Day Foundation VI. LICENSING PRINCIPLE: One way to protect trees and citizens from irresponsible companies or individuals who pose as arborists is to require practitioners to have a license. Conditions for obtaining the license may even require that the person be a certified arborist. (See Bulletin No. 6.) This section provides licensing authority and includes details such as fees, frequency of renewal, testing procedures, types of licenses, suspensions and appeals, surety bonds, showing identification on equipment, etc. Example: It shall be unlawful for any person to engage in the business of planting, cutting, trimming, pruning, removing, spraying, or otherwise treating trees, shrubs or vines within the City without first producing evidence of certification/license before the City. (An explanation of requirements and fees is then presented.) VII. INSURANCE PRINCIPLE: Arborists work under dangerous circumstances and around high value property. Since it is often difficult for homeowners to ascertain whether property and tree workers are adequately covered, or to insist on such coverage, a provision in the tree ordinance can easily correct the situation, Example: Before any license shall be issued, each applicant shall first file evidence of possession of worker compensation and liability insurance in the minimum amounts of $1,000,Q00 for bodily injury or death and $100,000 property damage indemnifying the City or any person injured or damaged resulting from the pursuit of such endeavor as herein described. VIII.1 ISCAPING PRINCIPLE: This section can assure that trees will be a part of new developments. But planted vegetation can be an asset or a liability — depending on what is planted and how it is done. This part of the ordinance can define a process for having new landscape plans reviewed and approved by the city forester or tree board, with the issuance of building permits only after such a review. Example: In new subdivisions or when the development of commercial property occurs, the city forester shall review landscaping plans and may require street trees to be planted in any of the streets, parking lots, parks and other public places abutting lands henceforth developed and/or subdivided. IX. TREE PLANTING MAINTENANCE, AND REMOVAL PRINCIPLE: Good tree care and management is possible only if people have specific information about practices that result in safe, healthy trees that contribute to a quality environment rather than to creating problems. The purpose of this section is to provide that information in the form of requirements. In many ways, it is the heart of a good ordinance. Actually, the material in this section is best included in a separate standards and specifications chapter; but placing it directly in the ordinance is an option.. Either way, all specifications should be reviewed at least every five years, and should include such specifics as desirable and undesirable tree species, spacing, pruning techniques, hazardous trees, sight obstruction, and vandalism. A good way to clearly specify pruning and other tree work standards is to follow those established by the National Arborist Association. For specifying what is expected in planting stock, consult the American Association of Nurserymen's American Standard for Nursery Stock (See page 8). Examples: Tree Species — The Town Tree Board develops and maintains a list of desirable trees for planting along streets in three size classes; small, medium and large. Spacing —The spacing of street trees will be in accordance with the three species size classes listed in this ordinance, and no trees may be planted closer together than the following: small trees, 30 feet; medium trees, 40 feet; and large trees, 50 feet; except in special plantings designed or approved by a landscape architect. Utilities— No street trees other than those species listed herein as small trees may be planted under or within 10 lateral feet of any overhead utility wire, or over or within 5 lateral feet of any underground water line, sewer line, transmission line or other utility. Distance from Curb and Sidewalk— The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the three species size classes listed in Section of this ordinance, and no trees may be planted closer to any curb or sidewalk than the following: small trees, 2 feet; medium trees, 3 feet; and large trees, 4 feet. Topping — It shall be unlawful as a normal practice for any person, firm, or city department to top any street tree, park tree, or other tree on public property. Topping is defined as the severe cutting back of limbs to stubs within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this ordinance at the determination of the City Tree Board. Important details of planting and tree care can be placed in the ordinance or in an appendix, or, better, in a separate standards document. Specification examples include... ...suitable species ...a distance from curb and sidewalk ...and acceptable pruning practices. TREE CITY USA BULLETIN No. 9 • National Arbor Day Foundation • 5 A protection provision is important for safeguarding mature trees and other existing vegetation from insects, construction damage or, in some cases, removal. li fir, 1 1. Action by officials is sometimes needed on private property for purposes of public safety. X. ADJACENT I 10 R RESPONS fa HMI PRINCIPLE: Quite naturally, homeowners often want to plant trees or do work on trees that abut their property but are on a public right-of-way. This section describes a process by which the homeowner can do the work, but only in accordance with the sound principles of urban forest management and arboriculture. Example: No person shall plant, remove, cut above the ground, or disturb any tree on any street, park, or other public place without first filing an application and procuring a permit from the city forester. The person receiving the permit shall abide by the standards set forth in this ordinance. XI. TREE PROTECTION PRINCIPLE: Protecting existing trees is a major challenge. Therefore, more and more progressive communities are using this section not only to prevent insect and disease epidemics, but also to protect trees on both public and private property from damage during construction. Increasingly, another use of this section is to identify and protect trees of historic value or unusual qualities (called landmark trees). Requiring permits for all tree removal is one way to achieve these goals, Penalties may be established requiring violators to pay a fine in the amount of the tree's appraised value. Ideally, such funds will be designated solely for planting more trees. Example 1: Upon the discovery of any destructive or communicable disease or other pestilence which endangers the growth or health of trees, or threatens to spread disease or insect infestations, the city forester shall at once cause written notice to be served upon the owner of the property upon which such diseased or infested tree is situated, and the notice shall require such property owner to eradicate, remove or otherwise control such condition within reasonable time to be specified in such notice. Example 2: The following guidelines and standards shall apply to trees proposed (in a developer's "tree protection plan") to be retained...(Rules are then specified such as not grading or locating utilities within the tree's dripline, placing protective barriers around trees, preventing siltation, etc. Or, developers may be required to preserve a percent of forested tracts, plant trees in open space, or pay into a county tree planting fund so that there is no net loss of tree cover.) Example 3: The city forester shall have as one of his/her duties the location, selection and identification of any trees which qualify as "Landmark Trees." A tree may qualify as a Landmark Tree if it meets one or more of the following criteria: (Criteria may include species rarity, old age, association with a historical event or person, abnormality, scenic enhancement, etc.) XII: PRIVATE TREES PRINCIPLE: Since trees on private property often affect the safety and welfare of other trees and people other than the owner, a provision is needed to allow community action in such cases. This section provides authority to inspect private trees, designate them as public nuisances and demand their removal when necessary. Example: The city forester or his/her official designee has the authority to enter onto private property whereon there is located a tree, shrub, plant or plant part that is suspected to be a public nuisance and to order its removal if necessary, (Note: An appropriate legal definition of a public nuisance is needed here, such as any tree with an infectious disease or insect problem; dead or dying trees; a tree or limb(s) that obstruct street lights, traffic signs, the free passage of pedestrians or vehicles; a tree that poses a threat to safety, etc. Also needed is a description of the legal process for notifying property owners and causing abatement of the nuisance, including removal and billing for costs by the city if action is not taken by the owner.) 6 • TREE CITY USA BULLETIN No. 9 • National Arbor Day Foundation XIII. PERMITS PRINCIPLE: Permits provide a way to make certain that anyone who plants, does work on or removes a public tree (and sometimes private trees) is knowledgeable and capable of doing the job right. Permits also are a means to assure compliance with standards and specifications, allow for follow-up inspections, and generally serve as a tool for enabling a community to control the future of its urban forest. Example: No person except the City Arborist, his/her agent, or a contractor hired by the City Arborist may perform any of the following acts without first obtaining from the City Arborist a permit for which no fee shall be charged: (treatments and actions are listed, each one specifying whether it applies to trees on public land or to any tree, public or private). Note: An example of a permit form is included in the MAUFS/ISA "Municipal Tree Ordinance Manual," XIV. ENFORCEMENT PRINCIPLE: For an ordinance to be more than a piece of paper, authority must be given to the city forester or other official to enforce the provisions. This includes the right to issue notices of violations, notices to perform work and to stop work. Example: The city forester shall have the power to promulgate and enforce rules, regulations and specifications concerning the trimming, spraying, removal, planting, pruning and protection of trees, shrubs, vines, hedges and other plants upon the right-of-way of any street, alley, sidewalk, or other public place in the city. (Details about the process of rule -making, review and approval by the governing body, and enforcement need to be included.) XV. PENALTIES, CLAIMS AND APPEALS PRINCIPLE: Enforceable, meaningful ordinances must contain provisions for penalties and violations. Most cities have standard statements that will work in a tree ordinance, or one may be written specifically related to trees. There needs to be a process for the city to do needed workif a landowner fails to comply with an order; and an appeal route. Examples: Violations —Any person who violates any provision of this ordinance or who fails to comply with any notice issued pursuant to provision of the ordinance, upon being found guilty of violation, shall be subject to a fine not to exceed $500 for each separate offense, Each day during which any violation of the provisions of this ordinance shall occur or continue shall be a separate offense. If, as the result of the violation of any provision of this ordinance, the injury, mutilation, or death of a tree, shrub, or other plant located on city -owned property is caused, the cost of repair or replacement, or the appraised dollar value of such tree, shrub, or other plant, shall be borne by the party in violation. The value of trees and shrubs shall be determined in accordance with the latest revision of A Guide to the Professional Evaluation of Landscape Trees, Specimen Shrubs, and Evergreens, as published by the International Society of Arboriculture. Assessment of Claim —In the event that a nuisance is not abated by the date specified in the notice, the City Arborist is authorized to cause the abatement of said nuisance. The reasonable cost of such abatement shall be filed as a lien against the property on which the nuisance was located. In addition, the owner of the property upon which the nuisance was located shall be subject to prosecution. Appeals —(Include your municipality's standard appeals process.) XVI. OTHER, Because circumstances vary so widely between municipalities, there may be other sections necessary to fashion an ordinance to the needs of your commu- nity. These range from sections that local government may require in all its ordinances (such as a severability clause that states that if any section of the ordinance is found to be invalid or unconstitutional, it does not affect the validity of remaining sections) to how the urban forestry program is to be financed. The ordinance must fit your town's needs, Permits help make sure everyone knows the rules and best practices before doing tree work. The legal process to be used against violators must be clearly spelled out. Provisions may be made in an ordinance for unpaid bills incurred by city removals or replanting to be placed as a lien on the property and added to its tax statement. Each community's ordinance must be written to serve that community's unique needs and circumstances. TREE CITY USA BULLETIN No. 9 • National Athol- Day Foundation • 7 Tree ordinances are important so, ,,rces • Handbooks and Guides Two excellent publications are available to provide detailed guidance for developing tree ordinances. Included are examples and the rationale behind various ordinance provisions. U.S. Landscape Ordinances: An Annotated Reference Handbook by Buck Abbey. 1998. John Wiley & Sons, New York If you are interested in purchasing this or other tree -related books, please visit www.arborday.org/books Guidelines for Developing and Evaluating Tree Ordinances by E. Bernhardt and T. Swiecki California Dept. of Forestry & Fire Protection Urban & Community Forestry Coordinator 2524 Mulberry St. Riverside, CA 92501 (http://phytosphere.com) • Sample Ordinances To review one or more sample ordinances from communities similar to yours, contact Program Services, The National Arbor Day Foundation at the address on this page, or phone 402/474-5655. • Current Standards For the latest accepted standards in important areas such as ordering planting stock and pruning trees, obtain copies of the following: American Standard for Nursery Stock American Nursery and Landscape Association 1250 I St., N.W. Suite 500 Washington, DC 20005 (Phone: 202/789-2900) ANSI A300-1995 For Tree Care Operation, Tree, Shrub and Other Woody Plant Maintenance — Standard Practices National Arborist Association P.O. Box 1094 Amherst, NH 03031 (Phone: 603/673-3311) Tree City USA Bulletin ©2003 The National Arbor Day Founda- tion. John E. Rosenow, publisher; James R. Fazio, editor; Gerreld L. Pulsipher, graphic designer; Gene W. Grey, William P. Kruidenier, James J. Nighswonger, Steve Sandfort, technical review committee. Published for the Friends of Tree City USA by The Natioal Arbor Day Foundations 100 Arbor Avenue Nebraska City, NE 68410 or big cities and small towns. aLtio Tree City USA Bulletin ORDER FORM Name Organization Address City State Zip Phone 1. How to Prune Young Shade Trees 1. 2. When a Storm Strikes 2. 3, Resolving Tree -Sidewalk Conflicts 3, 4. The Right Tree for the Right Place 4. 5, Living With Urban Soils 5. 6, How to Hire an Arborist 6, 7 How to Save Trees During Construction 7, 8. Don't Top Trees! 8, 9. Writing a Municipal Tree Ordinance 9. — Tree City USA Annual Report TOTALS: $ Annual Friends of Tree City USA Membership $15.00 $ Tree City USA Bulletin 3-Ring Binder $ 5.00 $ TOTAL PAYMENT: $ 1 Issue $3,00 ea. $ (Make checks payable to National Arbor Day Foundation) Photocopy this form and mail with your payment to: National Arbor Day Foundation, 211 N. 12th St., Lincoln, NE 68508 1599 009 50003307 TREE CITY USX The Tree City USA program is sponsored by The National Arbor Day Foundation in cooperation with the USDA Forest Service and National Association of State Foresters. To achieve the national recognition of being named as a Tree City USA, a town or city must meet four standards: Standard 1: A Tree Board or Department Standard 2: A Tree Care Ordinance Standard 3: An Annual Community Forestry Program Standard 4: An Arbor Day Observance and Proclamation Each winning community receives a Tree City USA flag, plaque, and community entrance signs. Towns and cities of every size can qualify. Tree City USA application forms are available from your state forester or The National Arbor Day Foundation. armor NECYC1 DPUER RECYCLLBLE S0 IINK DRAFT 3-2 -O7 SECTION: 1127.01: 1127.02: 1127.03: 1127.04: 1127.05: 1127.06 1127.07 CHAPTER 1127 TREE PRESERVATION & LANDSCAPING Purpose Definitions General Tree Protection Requirements Tree Removal on Lots without Construction or Grading Permits 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: 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) ■ Black Walnut ■ Catalpa ■ Cherry ■ All Firs ■ Flowering Crabapples & Hawthorns ■ Hackberry ■ Hybrid American Elm ■ Ironwood ■ Japanese Tree Lilac ■ All Lindens ■ All Maples ■ All Oaks ■ Ohio Buckeye ■ Pines (except Jack) ■ All Spruce ROOT ZONE: That area of effective tree rooting (out to the extent of the branches plus 5 five feet). 1 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. 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 any 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 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. 2 Subd. 2. Replacement Standards. Replacement tree species shall be approved by the City Forester in accordance with Section 1127.05. a. 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 five new trees on lots less than an acre and up to ten new trees on lots one acre or larger. 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. b. For every specimen tree removed, the permit holder or property owner shall plant five new trees on lots less than an acre or ten new trees on lots one acre or larger. 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 or 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. 3 1127.05 TREE REMOVAL ON LOTS WITHOUT CONSTRUCTION OR GRADING ACTIVITY': Subd. 1. No more than two significant or specimen trees shall be permitted to be removed per year on lots upon which no development or grading activity is occurring, unless an approved Tree 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. Tree Plan: A tree plan will be required if more than two significant trees and/or specimen trees per year are removed. If determined necessary by the Community Development Director or City Forester, the tree plan shall be prepared by a forester, arborist or landscape architect, and may be reviewed by the Parks, Recreation and Forestry Commission prior to approval by the Community Development Director and City Forester. The tree plan shall include the following information: a. A scaled map designating all forested areas and existing and proposed uses of such areas. b. Location of all existing structures, roads, utilities, and driveways on the site. c. 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. Subd. 3. Tree Replacement. As a condition of a tree plan approval, tree replacement may be required. 1127.06 LANDSCAPING: Subd. 1. Applications for development in the R-3, R-4, B-1, B-2, B-3, B-4, 1-1 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. Parcels in the R-1, Single Family Residential, and R-2, Single and Two Family Residential zoning districts are exempt from the provisions of this section. 4 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 1-1 districts. 5 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 1/2 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. All 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. 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 or diseased tree stumps shall be removed or ground down below grade. 1127.07 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. 2 Refer to Chapter 605, Tree Disease Control. 6 1127.08 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. 1127.09 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. 7