HomeMy WebLinkAbout10.E.1. Rev to City Code Sect. 11.60, Subd. 9. Tree Mngmnt Reg. Ord. No. 883pwtA General Business 10. E. 1.
SHAKOPEE
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Jacob Busiahn, Natural Resources Technician
DATE: 04/15/2014
SUBJECT: Revisions to City Code Section 11.60, Subdivision 9, Tree Management Regulations -
Ordinance No. 883 (A, B)
Action Sought
The City Council, if concur, adopt Ordinance No. 883, An Ordinance of the City of Shakopee
Amending Section 11.60, Subdivision 9 of the Shakopee City Code, Tree Management
Regulations.
Background
The Tree Management Regulations were amended in March of 2013 to add a Woodland
Alteration Permit. During the amendment process staff was directed to further review the Tree
Management Regulations. City staff and the Environmental Advisory Committee (EAC) began
the review of the Tree Management Regulations in October of 2013. The revised Tree
Management Regulation amendments are proposed to address the following goals:
1. Create more of an incentive to preserve trees during development.
2. Align the financial securities of the Tree Management Regulations and Landscaping
Requirements (Sec. 11.60 Sub. 8).
3. Encourage creative site design.
4. Have separate requirements for commercial /industrial vs. residential developments.
5. Further account for species and size when calculating tree replacement requirements.
6. Incorporate the Natural Resources Corridor Design Criteria into the ordinance.
7. Improve clarity on what needs to be delivered to the City for tree management with a
development application.
Discussion
The proposed ordinance revisions have been reviewed by the EAC, Parks and Recreation
Advisory Board, Economic Development Advisory Committee (EDAC) and Planning
Commission. On March 20th, 2014 a joint meeting between the EDAC and the Planning
Commission was held to obtain comments on the proposed revisions to the Tree Management
Regulations. After extensive discussion, members of the EDAC and Planning Commission gave
generally positive feedback to the proposed ordinance revisions. The Planning Commission
reviewed the revisions again on April 3rd. It recommends the following revisions to the Tree
Management Regulations to the City Council for adoption. The recommended text amendments
include the following major revisions:
1. Tree Replacement
One of the key amendments being proposed modifies how the number of replacement trees are
calculated.
Current: The current Tree Management Regulations state:
• A Significant Tree is considered a:
• Deciduous tree 6 inches in diameter or greater or a conifer tree 12 feet in height of
greater.
• Heritage Tree which is any tree 24 inches in diameter or greater.
In this, if the site is not within the Natural Resources Corridor, every three significant trees that
are removed would require one replacement tree, and every heritage tree removed would
require three replacement trees. If the site is within the Natural Resources Corridor, the number of
replacement trees varies from one tree for every four significant trees removed to one tree for
every significant tree removed, based on the priority ranking for that site.
With the current ordinance, if a 24 diameter inch willow is removed it would require three
replacement trees. However, if three 23 diameter inch oaks are removed, only one replacement
tree would be required.
Proposed: The proposed amendments to the tree replacement requirements allow for a certain
amount of the trees to be removed before any replacement is required. After this amount is
exceeded, replacement is required. The following is an overview of the replacement requirements:
• A Significant Tree is considered a:
• Exceptional Tree (oak, hickory, cherry, etc.) 4 inches in diameter or greater;
• Common Tree (poplar, elm, box elder, etc.) 6 inches in diameter or greater; or
• High Priority Tree which is an exceptional tree 15 inches in diameter or greater.
Subdividing residential sites: When subdividing land, 30% of the total diameter inches of
Significant Trees on the site can be removed for basic infrastructure (roads, utilities, storm water
ponds, etc) without requiring replacement. Removal in excess of 30% of the total diameter inches
requires that any Significant Trees that are removed would be replaced at a ratio of 1:1.5 diameter
inches (remove:replace).
Building residential sites: A residential builder can remove Significant Trees within the building
area (building pad and 20 feet surrounding it, plus the driveway) without replacement. If trees are
removed outside of the building area, they will be replaced at 1:1 diameter inches for Significant,
Common, and Exceptional Trees, and 1:1.5 diameter inches (remove:replace) for High Priority
Trees.
Developing commercial /industrial sites: 60% of the total diameter inches of Significant Trees on
that site are allowed to be removed without replacement. Removal in excess of 60% requires
replacement of 1:1.5 diameter inches (remove:replace).
If Basic Infrastructure needs to be installed off -site for a project, 15% of the total tree diameter
inches for that lot are allowed to be removed without replacement. Removal in excess of the 15%
requires replacement of 1:1.5 diameter inches (remove:replace).
Tree replacement does not change based on whether or not the site is within the Natural
Resources Corridor.
2. Purpose
This is a new addition to the ordinance.
3. Definitions
New definitions were added such as Building Area, Basic Infrastructure, Common Tree,
Contiguous Woodland, Critical Root Zone, Diameter at Root Collar, High Priority Tree, High
Priority Area, Multi -stem Tree, Natural Resources Corridor Design Criteria, and Replacement
Tree Estimate. Amendments were made to the definition of; Applicant, Forestry Specialist,
Replacement Tree, and Significant Tree. The following definitions were deleted from the
ordinance; Development, Dormant Season, Growing Season, Heritage Tree, Dripline, and Natural
Resources Corridor Priority Ranking.
4. Tree Management Plan Requirements
This section was amended to be the Tree Preservation Plan Requirements. The amendments also
add greater detail to what is required for the tree management plan.
5. Tree Preservation Requirements
Requirements addressing oak wilt and condition of preserved trees were added.
6. Tree Replacement Standards
The required size of a replacement tree was amended.
7. Unauthorized Significant Tree Removal
This section has been amended to include trees in conservation easements, and on publicly
managed land. In situations where the City cannot measure the number of diameter inches of tree
removed, the monetary fine has been updated to reflect the removal of 2 high priority trees, or one
high priority area.
8. Financial Security
The portion of the financial security which the City holds during the warranty period has been
reduced for those individuals who have a warranty from their landscape contractor. For
commercial /industrial applicants and residential developers, 75% of the financial security will be
returned after tree installation and inspection has been completed. For residential builders 100%
of the financial security will be returned to the builder after tree installation and inspection has
been completed, providing the home buyer is aware of the warranty.
9. Exemptions
This title of this section was changed to "Applicability" and was moved to the beginning of the
document. In addition, clarifications were added stating that an expansion of existing agricultural
operations, and parcels 2.5 acres or less which are building an initial dwelling, are subject to the
requirements of the Woodland Alternation Permit. It was also added that any building or land
alteration on parcels 2.5 acres or less, other than for an initial dwelling, are exempt from the
requirements of this ordinance.
Relationship to Vision
A. Keep Shakopee a safe and healthy community where residents can pursue active and quality
lifestyles.
B. Positively manage the challenges and opportunities presented by growth development and
change.
Action Requested
The City Council, if it concurs, should:
1. Adopt Ordinance No. 883, An Ordinance of the City of Shakopee Amending Section 11.60,
Subdivision 9 of the Shakopee City Code, Tree Management Regulations.
2. Approve the Official Summary of Ordinance No. 883 and approve the publication of Ordinance
No. 883 by the Official Summary.
Attachments: Proposed Ordinance No. 883
Official Summary for Ordinance No 883
Current Tree Management Regulations
Overview of a Tree Preservation Plan for Residential Development and Buildiniz
Overview of a Tree Preservation Plan for Commerical/Industrial
ORDINANCE NO. 883, Fourth Series
AN ORDINANCE OF THE CITY OF SHAKOPEE AMENDING SHAKOPEE
CITY CODE SECTION 11.60, SUBDIVISON 9 REGARDING TREE
PRESERVATION REGULATIONS
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS:
Section 1. Section 11.60, Subdivision 9 of the Shakopee City Code is deleted in its entirety and
replaced with the following:
Subd. 9. Tree Preservation Regulations.
A) Purpose.
The City of Shakopee regards natural features such as woodlands and bluffs as part of our
community's identity, attracting residents and businesses to our area. City Council recognizes
that not protecting these assets would have a quantifiable economic, social, and
environmental loss. An objective of the City's Comprehensive Plan is to preserve, enhance,
and maintain natural wooded areas within the City. This Subdivision aims to achieve this
objective by encouraging responsible land development through rewarding those who use
creative site design and minimize the impact to existing landscape and neighborhood
character.
B) Regulations.
The following requirements and standards shall apply to any Woodland Alteration activity
requiring a Woodland Alteration Permit, Development for which a preliminary plat, final plat,
minor subdivision, building permit, demolition permit, conditional use permit, variance, or
grading permit is required by the City on any parcel of land containing a Significant Tree. The
City is authorized to deny or revoke any permits extended by the City for individuals or
organizations in violation of this Subdivision.
On land which is considered a Natural Resources Corridor, the requirements and standards
within this Subdivision are in addition to what is required in the Natural Resources Corridor
Design Criteria per Section 12.24 of the City Code.
C) Applicability.
The following Developments or Woodland Alterations are exempt from the requirements for a
Woodland Alteration Permit.
1) Any Woodland Alteration taking place on a residential property less than 2.5 acres in size
other than for an initial dwelling
2) Home gardens or an individual's home landscaping, repairs and maintenance work.
3) Existing agricultural, horticultural or silvicultural operations. Expansions of existing
agricultural operations will be subject to the requirements of the Woodland Alternation
Permit.
4) Emergency work to prevent or alleviate immediate damages to life, limb, property or
natural resources. In such event, if a Woodland Alteration Permit had been required but
for emergency, the obligations of this Subdivision shall apply and shall be performed at
the earliest reasonable time thereafter
5) Maintenance of existing infrastructure by the City is exempt from the requirements of this
section.
D) Definitions.
Applicant means any person submitting an application to the City for Woodland Alteration or
any activity for which a preliminary plat, final plat, minor subdivision, building permit, demolition
permit, conditional use permit, variance, or grading permit is required on land containing a
Significant Tree.
Building Parameter is the footprint of a building or structure with a distance not to exceed 20
feet in each direction thereof. The area of disturbance on either side of a driveway, when
added together, shall not exceed 20 feet.
Buildable Land is any land not considered a wetland as defined in Section 11.02 of City
Code or a bluff impact zone as defined in the Natural Resources Design Criteria.
Basic Infrastructure includes; roads, streets, sidewalks, right of ways, sanitary sewer, storm
sewer, septic tanks, drain fields, water, natural gas, electric, cable television service,
drainage ways and storm ponds.
Caliper Inch means the measurement of a tree trunk measured at 6 inches above the root ball.
Common Tree is considered any of the following trees; box elder, poplar, silver maple, red
maple, ash, elm, cedar, willow, mulberry, balsam fir, birch, pine, spruce, tamarack, black
locust or other fast growing deciduous trees not listed as an Exceptional Tree.
Contiguous Woodland is a contiguous tree canopy greater than 2 acres regardless of land
ownership.
Critical Root Zone, or CRZ is a radius of 1.5 feet for every 1 inch of DBH for the tree trunk of
the tree being preserved.
Example: If a tree's DBH is 10 inches, its CRZ is 15 feet (10 x 1.5 = 15)
Development means any activity for which a preliminary plat, final plat, minor subdivision,
building permit, demolition permit, conditional use permit, variance, fence permit or grading
permit is required on land containing a Tree.
Diameter at Breast Height, or DBH, means the diameter of the trunk of a tree measured in
inches 4.5 feet above the ground from the uphill side of the tree.
Diameter at Root Collar, or DRC, is used for measuring multi -stem trees. It is equal to the
square root of the sum of the squared stem diameters measured above the root collar
(DRC= �[SUM(stem diameters2)]).
Example: A tree has three qualifying stems; 4 ", 8 ", and 5 ".
DRC = x[(4)2 +(8)2 +(5)2] =10.25 inches
10.25 inches is used as the diameter for this multi -stem tree.
Exceptional Tree is considered any of the following trees; oak, hickory, basswood, sugar
maple, black maple, cherry, catalpa, walnut, hackberry, hornbeam, coffeetree, butternut,
buckeye, or horse chestnut.
Forestry Specialist is a Minnesota registered land surveyor, civil engineer, landscape
architect, forester, or certified arborist, who is capable of identifying a tree by species.
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Hazard Tree means a tree posing a threat to property or people that has visible hazardous
defects such as dead wood, cracks, weak branch unions, decay, cankers, root problems, or
poor tree architecture as defined by the United States Department of Agriculture - Forest
Service — Northeastern Area's publication How to Recognize Hazardous Defects in Trees (NA-
FR- 01 -96).
High Priority Tree is an Exceptional Tree 15 inches DBH or greater, or any tree the City has
a strong desire to preserve and is declared healthy by the City's Natural Resources staff.
High Priority Area a group of 3 or more Exceptional Trees 10 inches DBH or greater with
near contiguous canopies or group of any trees that provide a buffer or screening along an
adjacent property or street.
Multi -stem Tree is a group of trees that share both a unified crown and common root stock.
The diameter is recorded as the Diameter at Root Collar.
Natural Resources Corridor Design Criteria is the most recently adopted design criteria for
areas that are in natural resources corridors as shown on the City's Natural Resources Corridor
Map.
Natural Resources Corridor Map means the City's most recently adopted Natural Resources
Corridor map. This map is incorporated into the City's Comprehensive Plan through the Natural
Resource Plan component. Boundaries on this map are approximations; defined boundaries
are determined by City staff.
Replacement Tree is a tree that replaces diameter inches of a removed tree. The number of
Replacement Trees required is based off the number of replacement inches calculated with the
remove:replace ratio. Each Replacement Tree planted shall count as 2 inches of removed
DBH.
Example: Planting a 3 inch caliper tree replaces 2 inches of the removed DBH. Planting a 1.25
inch caliper tree replaces 2 inches of the removed DBH.
Residential Building Permit means a building permit required by Section 4.03 of the City
Code for the building of an initial dwelling.
Significant Tree means a living specimen of a woody plant species that is either an
Exceptional Tree whose diameter is 4 inches or greater DBH; a Common Tree whose diameter
is 6 inches or greater DBH, or a Multi -stem Tree with two or more stems measuring 4 inches or
greater in diameter measured above the root collar.
Tree Preservation Plan is the tree inventory, site plan, and tree replacement sheet for a site
where an Applicant proposes to remove a Significant Tree.
Tree Protection Fence is orange snow fencing or polyethylene laminate safety netting placed
at the Critical Root Zone of a tree to be preserved.
Tree Replacement Estimate is the City's cost for a 2 inch balled and burlapped tree for the
current year. The City is required to get three quotes per year and post the chosen quote in
the current fee schedule.
Woodland Alteration —Any private or public infrastructure and utility installation, building
construction, excavation, grading, clearing, filling or other earth change on any parcel of land,
where any cutting, removal or killing of a Significant Tree on any parcel of land will occur.
Residential parcels of land less than 2.5 acres in size are subject to the requirements in this
section only if the woodland alteration is for an initial dwelling.
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Woodland Alteration Permit —A permit to allow Woodland Alteration.
E) Tree Preservation Plan Requirements
1) All Applicants are required to submit and follow the approved Tree Preservation Plan.
2) The Tree Preservation Plan must be completed by a Forestry Specialist and meet the
following requirements:
a. Tree Inventory
The tree inventory must include every Significant Tree on Buildable Land on the property
where the permit is being applied for. In addition to trees on said property, Significant
Trees on adjacent property which have CRZ overlapping onto said property must be
inventoried. In special circumstances, the Applicant may request alternative boundaries
for the tree inventory rather than property lines. Each inventoried tree must be tagged
with a unique identification number. The Applicant must provide a working digital copy
and hardcopy spreadsheet displaying the following information for each inventoried tree:
1. Identification number;
2. Tree size (DBH or DRC);
3. Tree species;
4. Tree Type (Common, Exceptional, or High Priority);
5. Onsite or offsite (adjacent property);
6. Critical Root Zone (if being preserved);
7. Removed or preserved;
8. If tree is within the Natural Resources Corridor as identified on the Natural
Resources Corridor Map; and
9. Whether the tree is within a Contiguous Woodland or High Priority Area.
Additional requirements:
1. The total diameter inches of both High Priority Trees and Significant Trees
inventoried must be displayed.
b. Site Plan
A scaled drawing of the site including:
1. The location, identification number, and tree type (Common, Exceptional, or High
Priority) of all inventoried trees;
2. Proposed trees to remove and preserve;
3. High Priority Areas and Contiguous Woodland Area;
4. Critical Root Zones of all trees being preserved along with any area within Critical
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Root Zone that will be impacted;
5. Proposed construction /grading limits, lot lines, Building Parameter, Basic
Infrastructure, Buildable Land, and building footprint/elevation;
6. Locations of Tree Protection Fence and silt fence; and
7. Soil stockpile and parking locations during construction.
Additional requirements:
1. A survey of the lot meeting all possible requirements of the tree inventory and
site plan must be provided to the builder of the lot. The City must be provided a
digital copy of the tree survey for each individual lot.
2. Note areas with oak wilt, Dutch elm disease, emerald ash borer, invasive plants
such as buckthorn or others listed on the current years Minnesota Department of
Agriculture's Noxious Weed List.
c. Tree Replacement Sheet
The Tree Replacement Sheet is a scaled drawing of the site depicting where the
Replacement Trees will be planted. The plan must include:
1. Calculations for determination of required Replacement Trees and landscaping
required by Subdivision 8. of this Section;
2. Locations of all trees and other plants being installed on site;
3. Plant list including species, size, and stock type of installed plants;
4. Planting details that meet the City's tree planting specifications; and
5. Easements, right -of -ways, construction limits, building pads, driveways, and
Basic Infrastructure.
3) Residential Building Permit Tree Preservation Plan
a. The Applicant must complete the City's "Residential Building -Tree Preservation Plan"
as their Tree Preservation Plan which includes a survey meeting all requirements of
E) of this Subdivision to the City.
4) No woodland alteration, grading or building permits shall be issued by the City until the
Applicant has installed any required Tree Protection Fencing and it has been inspected
and approved by the City.
5) Any changes to the Tree Preservation Plan shall be submitted in writing to the City by the
Applicant for approval. If the change includes any additional Significant Tree removal, an
additional inspection and approval by the City of the Tree Protection Fencing will be
required.
6) All information contained in the Tree Preservation Plan must not be more than 2 years
old at the time of submittal. City staff may grant reasonable exceptions to this
requirement for residential builders of an individual lot.
7) Significant Trees required to be removed pursuant to Section 10.70 of the City Code shall
be identified as removed on the Tree Preservation Plan and must be removed. Significant
Trees that are removed for this reason are exempt from the replacement requirements of
this Subdivision.
F) Allowable Tree Removal
1) Developers and builders are required to save as many trees as feasible when grading or
building a site. When developing the site plan the developer or builder shall:
a. Identify High Priority Trees and Areas (using the tree inventory) that are most worthy
of preservation;
b. Locate roads, buildings, utilities, parking areas, or other infrastructure so as to
minimize their impacts on Exceptional and High Priority Trees;
c. Preserve trees in groves or clusters recognizing that survivability is greater for
groups of trees than individuals;
d. Manipulate proposed grading and the limits of disturbance by changing the
elevation /location of building pads, parking lots and streets, and consider the use of
retaining walls to reduce the impact of the trees; and
e. Review all construction factors that influence tree survivability.
2) Standards for residential site development:
a. During subdivision, 30% of the inventoried DBH on the Buildable Land can be
removed for Basic Infrastructure only, without replacement. Removal in excess of this
30% DBH requires replacement of 1:1.5 DBH (remove: replace).
b. After subdivision, Trees removed within the Building Parameter require no
replacement. Trees protected within the Building Parameter will count towards
replacement DBHx2. Trees removed outside of the Building Parameter require
replacement at 1:1 DBH (remove: replace) for Significant Trees and 1:1.5 DBH
(remove: replace) for High Priority Trees.
3) Standards for commercial /industrial site development:
a. During site development, 60% of the inventoried DBH on the Buildable Land for the
lot being built on is allowed to be removed without replacement. Removal in excess
of this 60% DBH requires replacement of 1:1.5 DBH (remove: replace).
1. Tree removal beyond the lot being built on is allowed only for the
installation of Basic Infrastructure. 15% of the inventoried DBH on the
Buildable Land for that lot may be removed without replacement. Removal
in excess of this 15% requires replacement of 1:1.5 DBH (remove: replace).
b. For any Applicant proposing redevelopment of a lot, 30% of the inventoried DBH on
the Buildable Land for the lot being redeveloped is allowed to be removed without
replacement. Removal in excess of this 30% requires replacement of 1:1.5 DBH
(remove: replace).
4) If an Applicant proposes to remove more than 35% of the High Priority Trees or 25% of a
Contiguous Woodland, based on DBH, the City must be shown site plan alternatives
considered by the Applicant as evidence an attempt to remove less than said amount of
trees was made and an explanation as to why this plan does not work.
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G) Tree Preservation Requirements
1) The Applicant must preserve all trees identified to be preserved on the Tree Preservation
Plan.
2) For grading being done between the dates of April 18t and July 31St the CRZ for an oak tree
may be increased due to threat of oak wilt. During this time, wound dressing will be applied
immediately after damage of an oak tree takes place.
3) A tree shall be considered removed if:
a. More than 30% of the CRZ is compacted over 80% of Standard Proctor, cut, filled
or paved;
b. More than 30% of the circumference of the trunk is damaged;
c. The hydrology in the area of preserved trees changes due to site grading; or
d. Severe damage to an oak tree takes place between April 1St and July 31tn
4) Tree Protection Fence shall be placed outside of the CRZ of trees being preserved. If
fencing is not possible, covering and maintaining the CRZ with geotextile fabric and 6+
inches of wood -chip mulch will suffice.
5) There may be no construction activity within the CRZ of a Significant Tree located on an
adjacent property.
H) Tree Replacement Standards
1) A Replacement Tree shall not be any species presently under disease or insect
epidemics, considered invasive, or a species that composes a high percentage of the
City's urban forest without prior written approval from the City. Recommended species
can be found in the City's Forestry Specification Manual.
2) Replacement trees must meet the following standards at time of planting:
a. A deciduous shade tree at a minimum of 1.25 caliper inches or #20 container; or
b. A coniferous tree of a minimum 5 feet in height or #20 container; and
c. Must be planted consistent with Section 7.05 and 7.18 of the City Code and meet
specifications in the City's Forestry Specifications Manual.
3) All Replacement Trees must be installed during appropriate season for that planting
stock.
4) Replacement Trees are not to be installed until exterior construction activities are
complete in that area.
5) If there are ?30 trees are required, they shall be composed of no more than 10% of one
species, 20% of one genus, and 30% of one family. If <30 trees are required, one
species shall make up no more than % of the total.
6) Replacement Trees shall not be planted in a location that will interfere with other
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infrastructure or be in extreme competition for resources with other trees at maturity.
7) The City may accept other vegetative or environmental alternatives proposed by an
Applicant if those alternatives are monetarily or ecologically equivalent to the value of the
Replacement Trees required by this Section.
8) Replacement Trees shall be planted not more than 18 months from the date of the final
approved tree replacement sheet as part of the Tree Preservation Plan. Extensions may
be requested in writing to the City.
9) If the number of replacement trees cannot be met on site the following is required:
a. A cash payment of $400.00 per replacement tree shall be provided to the City for
the planting of trees that are as close as possible to the site that payment was
received for or to subsidize trees sold to the City's residents; or
b. Trees may be planted in City owned or managed land as approved by the Parks,
Recreation & Natural Resources Director; or
c. Replacement Trees may be installed on other properties owned by the Applicant
within the City. If a Buffer area as defined by the Natural Resources Corridor Map
is on said property, Replacement Trees shall be planted in this area first.
1) Unauthorized Significant Tree Removal.
1) Any person, firm, or corporation who removes or causes the loss of a Significant Tree
identified to be preserved on an approved Tree Preservation Plan or without a permit
allowing Woodland Alteration shall be required to complete one of the following as
determined by the City:
a. Installation of Replacement Trees within the same development at a 1:2 DBH
(remove: replace); or
b. Payment to the City of $500.00 for every 1 inch of Significant Tree removed that
was unauthorized. Measurement of each tree will be at DBH or diameter of the
stump, whichever is readily available. This amount may be taken by the City from
the financial security posted by the Applicant for Tree Replacement, if any. A
minimum of $15,000 payment will be required if measurements are unavailable.
2) This provision also applies to a conservation easement area that is disturbed during or
after development as well as removing a publically managed tree of any size without
written City authorization.
3) The City may withhold permits from any person, firm, or corporation who fails to complete
the requirements above.
J) Financial Security.
1) The Applicant shall provide the City with a cash deposit, a letter of credit or escrow, in
favor of the City, in the amount of 150% of the total Tree Replacement Estimate.
Formula: Number of Replacement Trees x Tree Replacement Estimate x 150 % =
financial security due.
2) The financial security required for the Replacement Trees is due prior to the issuance of
the grading permit or the commencement of any Woodland Alteration activity.
3) All Replacement Trees must be warrantied to guarantee survival. The warranty period
shall begin upon inspection and acceptance by City staff of the installed trees for proper
planting, size, species, health, and location. If at any time during the warranty period
Replacement Trees are found to be unhealthy by City staff they are required to be
replaced with the same size and species by the applicant at the soonest appropriate
planting time.
a. For commercial /industrial sites and residential developers, up to 75% of the
financial security may be returned upon inspection and acceptance by the City of
installed trees and the submittal of a City approved two year warranty from the
landscape contractor who installed the trees. This warranty must cover tree
health issues relating to excess or insufficient water. The remaining financial
security will be held by the City for two years.
i. When reducing the financial security, 75% will be returned unless City
staff feels the trees have a heightened risk of failure.
b. For builders of individual residential lots within a subdivision who receives a one
year warranty from the landscape contractor who installed the trees, 100% of the
financial security will be returned upon:
i. Inspection and acceptance of installed trees by the City; and
ii. Providing the lot buyer with the copy of the one year warranty from the
landscape contractor and contact information to make a claim on the
warranty.
4) If the financial security has not been returned in full after the inspection of the installed
trees, at the end of a two year warranty period the Applicant shall schedule a final
inspection with City staff. Prior to scheduling the inspection the Applicant shall confirm
the following conditions are met:
a. All trees have one dominate leader, are free of deadwood, and injured branches;
b. All tree wrap is removed;
c. All stakes and wires are removed; and
d. Trees are in leaf.
At the time of final inspection the City shall decide to:
a. Refund the financial security in full; or
b. Require the planting of new trees to replace the Replacement Trees which do not
survive or are declared unhealthy by City staff. If 25% or more of the
Replacement Trees are required to be replaced, the appropriate amount of
financial security will be held for an additional two years for said trees.
5) The financial security will be used by the City only if the applicant does not install the
initial or subsequent Replacement Trees required in this subdivision.
6) Any trees required to be removed per Section 10.70 of the City Code from a site shall be
removed and disposed of according to Section 10.70 of the City Code prior to release of
the financial security.
7) The City shall be exempt from the financial security requirement of this Section.
K) Miscellaneous.
1) If the Applicant disagrees with the City staff decision with respect to the interpretation or
enforcement of this Subdivision, the Applicant may appeal that decision by following the
procedure established in Section 11.90, APPEALS, of this Code.
2) Land previously planted for commercial tree farm purposes shall be subject to tree
replacement requirements as determined appropriate by the City with the maximum
requirement being the current Allowable Tree Removal requirements of F) of this
Subdivision.
3) Inspections required in this Subdivision will be conducted by staff from the City's Natural
Resources Department or other City staff as assigned.
Section 2. Effective Date. This ordinance becomes effective from and after its passage and
publication.
Passed in regular session of the City Council of the City of Shakopee, Minnesota held this
day of , 2014.
Attest:
City Clerk
Mayor of the City of Shakopee
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Official Summary of Ordinance No. 883
The following is the official summary of Ordinance No. 883 Fourth Series,
Approved by the City Council of the City of Shakopee, Minnesota on April 15, 2014
AN ORDINANCE OF THE CITY OF SHAKOPEE AMENDING SHAKOPEE
CITY CODE SECTION 11.60, SUBDIVISON 9 REGARDING
TREE PRESERVATION REGULATIONS
1. The ordinance amends the City Code to by replacing the existing tree preservation
regulations in Section 11.60, Subdivision 9 with new regulations.
2. The ordinance creates more of an incentive to preserve trees during development.
3. New definitions were added to the ordinance.
4. The amendments also add greater detail to what is required for the tree management plan.
5. Requirements addressing oak wilt and condition of preserved trees were added.
6. The required size of a replacement tree was amended.
7. The amount of the financial security that the City holds during the warranty period has
been reduced for those who have a warranty from their landscape contractor.
8. Clarifications were added stating that an expansion of existing agricultural, silvicultural
(forestry- related), or horticultural operations, and parcels 2.5 acres or less where an initial
dwelling is being constructed, are subject to the requirements of the Woodland
Alternation Permit.
A printed copy of the ordinance is available for inspection by any person at the office of the City
Clerk and at the Shakopee Library.
ORDINANCE NO. 866, Fourth Series
AN ORDINANCE OF THE CITY OF SHAKOPEE AMENDING SHAKOPEE
CITY CODE SECTION 11.60, SUBDIVISON 9 DEALING WITH TREE
MANAGEMENT
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS:
Section 1. Section 11.60 Subdivision 9 of the Shakopee City Code is amended to read as
fol lows:
SEC. 11.60 PERFORMANCE STANDARDS
Subd. 9. Tree Management Regulations. The following requirements and standards shall apply
to any Woodland Alteration activity requiring a Woodland Alteration Permit, Development for which
a preliminary plat, minor subdivision, building permit, conditional use permit, variance, fence permit,
or grading permit is required or to any other land use or building permit approval required by the
City on any parcel of land containing a Significant Tree.
A. Definitions.
Applicant means any person submitting an application to the City for Woodland
Alteration or Development.
Caliper Inch means the measurement of a tree trunk measured at 6 inches above
the root ball or according to the method of caliper measurement of a tree trunk as
stated by the most recent American Standard for Nursery Stock by the American
Nursery & Landscape Association.
Development means any activity for which a preliminary plat, minor subdivision,
building permit, conditional use permit, variance, fence permit or grading permit is
required on land containing a Tree.
Diameter at Breast Height, or DBH, means the length of a straight line through
the trunk of a tree (in inches) measured at fifty -four (54) inches above the ground
from the uphill side of the tree.
Dormant Season means the time between leaf drop in the fall and early spring
before budbreak.
Dripline means an imaginary vertical line that extends from the outermost
branches of a tree's canopy to the ground.
Forestry Specialist means a tree inspector or forester certified by the State of
Minnesota.
Growing Season means the time between budbreak in the spring and leaf drop in
the fall.
Hazard Tree means a tree posing a threat to property or people that has visible
hazardous defects such as dead wood, cracks, weak branch unions, decay,
cankers, root problems, or poor tree architecture as defined by the United States
Department of Agriculture - Forest Service — Northeastern Area's publication How
to Recognize Hazardous Defects in Trees (NA- FR -01 -96).
Heritage Tree means a tree that has all of the following characteristics:
1. Is a species not listed as Undesirable in the City's Forestry Specifications
Manual.
2. Has a DBH equal to or greater than twenty -four (24) inches (a lesser size
tree may be considered to be a Heritage Tree if it is a rare species or can
be utilized as a focal point in the project);
3. Has a life expectancy of greater than ten (10) years; and
4. Has structural integrity and shows no visible defects that would cause it to
be classified as a Hazard Tree;
Natural Resources Corridor Map means the City's most recently adopted Natural
Resources Corridor map. This map is incorporated into the City's Comprehensive
Plan through the Natural Resource Plan component.
Natural Resource Corridor Priority Ranking means the areas identified as
Good, Better, Best, or Buffer on the Natural Resources Corridor Map.
Replacement Tree means a two (2) Caliper Inch balled and burlapped Tree
planted consistent with Section 7.05 and 7.18 of the City Code.
Residential Building Permit means any building permit or fence permit required
by Section 4.03 of the City Code for property used as a single family dwelling unit.
Examples include, but are not limited to, sheds, decks, porches, garages,
swimming pools, fences or building additions.
Significant Tree means a living specimen of a woody plant species that is either a
deciduous tree whose diameter is six (6) inches or greater at DBH, or a coniferous
tree whose height is twelve (12) feet or greater.
Tree Management Plan is the tree inventory, removal, preservation, and
replacement plan for a site where an Applicant proposes to remove a Tree.
Tree Protection Fencing means orange snow fencing or polyethylene laminate
safety netting placed at the Dripline of Trees to be preserved.
Woodland Alteration — Any private or public infrastructure and utility installation,
building construction, excavation, grading, clearing, filling or other earth change on
any parcel of land, or adjacent parcels of land in common ownership greater than
two and one half (2.5) acres in size where any cutting, removal or killing of more
than 10% of the significant trees on any such parcel of land will occur.
Woodland Alteration Permit — A permit to allow Woodland Alteration
B. Tree Management Plan Requirements.
1. Any Applicant who desires to remove any Significant Tree on any parcel of
land or on adjacent parcels of land in common ownership greater than two
and one half (2.5) acres in size must submit a Tree Management Plan to
the City and must demonstrate that there are no feasible or prudent
alternatives to removing any Significant Tree.
2. The Tree Management Plan must be completed by a Forestry Specialist
and consist of the following information:
a) Tree Inventory Sheet
A survey depicting the location of all existing Significant Trees on
the property and the Natural Resource Corridor Priority Ranking
for each Significant Tree. Each Significant Tree shall be labeled
with a unique identification number.
b) Tree Removal /Preservation Sheet
A scaled drawing depicting the locations of the Significant Trees to
be preserved and Significant Tree Protection Fencing. Significant
Trees intended for removal shall be clearly distinguishable from
those intended for preservation. Proposed lot lines, building pads,
driveways, streets, easements, and any areas in which Significant
Tree removal is expected shall be shown.
C) Tree Inventory Legend Sheet
A page providing a matrix or table listing the unique identification
number for the Significant Tree(s), the species or common name
of the Significant Tree(s), the size in Caliper Inches at DBH, and
an indicator as to whether the Significant Tree is intended for
removal or preservation.
d) Tree Replacement Sheet
A scaled drawing depicting the Replacement Tree locations with a
legend identifying each Replacement Tree's species and size and
the quantity of Replacement Trees to be planted.
3. Applicants for a Residential Building Permit must complete the City's "Tree
Management Evaluation and Compliance Form" as their Tree
Management Plan. The City must also be provided with a certificate of
survey that contains the following information:
a) The location of all existing Significant Trees on the property;
b) The location of all Significant Trees to be removed;
C) The location of all Significant Trees to be preserved; and
d) The location and species of all Replacement Trees.
4. No woodland alteration, grading or building permits shall be issued by the
City until the applicant has installed any required Tree Protection Fencing
and the Tree Protection Fencing has been inspected and approved by the
City.
5. Any changes to the Tree Management Plan shall be submitted in writing to
the City by the Applicant for approval. If the change includes any
additional Significant Tree removal, an additional inspection and approval
by the City of the Tree Protection Fencing will be required.
All information contained in the Tree Management Plan must not be more
than one (1) year old at the time of submittal.
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7. Significant Trees required to be removed pursuant to Section 10.70 of the
City Code shall be identified as removed on the Tree Management Plan
and must be removed. Significant Trees removed consistent with Section
10.70 of the City Code are exempt from the Replacement Tree
Requirements of this Section.
C. Tree Preservation Requirements.
The Applicant must make every effort possible to preserve all Heritage
Trees. Heritage Trees evaluated and concluded to be a Hazard Tree by a
Forestry Specialist are exempt from this requirement.
2. The Applicant must preserve all of the Significant Trees identified as
Significant Trees to be preserved on the Tree Management Plan.
3. For every Heritage Tree saved the applicant will receive credit for four (4)
Replacement Trees.
4. For every Heritage Tree removed, three (3) Replacement Trees are
required of the same species as the removed Heritage Tree, or a tree that
has the same potential value as the removed Heritage Tree.
D. Replacement Tree Requirements.
1. The amount of Replacement Trees required will be based on the removed
Significant Tree's Natural Resource Corridor Priority Ranking. The
Applicant shall replace removed Significant Trees according to the
following schedule:
Significant Tree's Natural Resources
Corridor Priority Ranking:
Replacement Significant Tree
Ratio:
Best
1:1 (Remove: Replace)
Better
2:1 (Remove: Replace)
Good
3:1 (Remove: Replace)
Buffer
4:1 (Remo :Replace)
2. Replacement Trees shall not utilize any species presently under disease
or insect epidemics without prior written approval from the City.
No more than one -third (1/3) of the Replacement Trees may be any one
species of trees.
4. The species of Replacement Trees must be hardy under local conditions,
must be compatible with the local landscape, must be appropriate for the
soil conditions on the property, and must not be less than two (2) Caliper
Inches.
5. Any Significant Trees required by the landscaping requirements set forth in
Section 11.60 of the City Code for trees will count towards the Tree
Replacement Requirements of this Section.
6. If a Significant Tree cannot be located on the Natural Resource Corridor
Map, the Significant Tree's Corridor Priority Ranking shall be classified as
"good" for purposes of determining the replacement ratio.
7. Replacement Tree quantities shall be rounded up to the nearest whole
number.
8. The City may accept other vegetative or environmental alternatives
proposed by an Applicant if those alternatives are monetarily or
ecologically equivalent to the value of the Replacement Trees required by
this Section.
9. All Replacement Trees shall be planted during the ideal planting season
for the particular species. The ideal planting season for most tree species
is during the Dormant Season. Any Replacement Tree planting not
completed during the Dormant Seasons must be completed with caution
during the summer months in warn and dry conditions.
10. Replacement Trees shall be planted not more than 18 months from the
date of the final approved Tree Replacement Sheet as part of the Tree
Management Plan. Extensions may be requested in writing to the City.
11. If the number of replacement trees cannot be met on site the following is
required:
a. A cash payment of $400.00 per replacement tree shall be
provided to the City to complete other vegetative or
environmental alternatives, or;
b. Trees shall be planted in City owned or managed land as
approved by the Parks, Recreation & Natural Resources
Director.
E. Tree Mitigation Standards.
1. All Development activities must take place in such a manner that no more
than one -half (1/2) of the area within the Dripline of any Tree to be
preserved is impacted.
2. No grade change, construction activity, or storage of materials shall occur
within the Tree Protection Fencing.
3. Structures, driveways, and parking facilities shall be located in such a
manner that the maximum number of Significant Trees should be
preserved.
4. To control the overland spread of Oak Wilt, the pruning of Oak trees or
collateral damage to Oak trees from adjacent tree removal shall be
avoided from April 1 st thru July 315` which is the most susceptible period of
infection.
F. Unauthorized Significant Tree Removal.
1. Any person, firm, or corporation who removes or causes the loss of
Significant Trees identified to be preserved on an approved Tree
Management Plan shall be required to complete one of the following as
determined by the City:
a) Installation of Replacement Trees according to the DBH of the
Significant Tree removed; or
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i) The Replacement Tree ratio shall be two (2) Caliper
Inches for every one (1) DBH inch of Significant Tree
removed;
ii) All Replacement Trees required by this Section shall be
planted within the same development.
b) Payment to the City of $500.00 for every one (1) inch of Significant
Trees removed that were unauthorized. Measurement of each
tree will be DBH or diameter of the stump, whichever is readily
available. This amount may be taken by the City from the financial
security posted, if any, by the Applicant for Tree Replacement. A
minimum of $9,000 payment will be required if measurements are
unavailable.
G. Financial Security.
In order to ensure that there is compliance with the submitted Tree
Management Plan and to ensure replacement of any Replacement Trees
that die during the warranty period and the removal of any diseased trees,
the Applicant shall provide the City with a cash deposit, a letter of credit or
escrow, in favor of the City, in an amount of one hundred and fifty (150)
percent of the Tree Replacement Requirement estimate.
All Replacement Trees planted must be warranted through two complete
Growing Seasons. If a Replacement Tree dies during the warranty period,
it must be replaced with a tree of the same size and species. Prior to the
expiration of the warranty period, a Forestry Specialist shall inspect the
Replacement Trees. As Replacement Trees are declared healthy by the
Forestry Specialist upon inspection, the Applicant may request reductions
to the financial security amount provided that adequate funds remain equal
to one hundred and fifty (150) percent of the cost to complete the
remaining work.
3. Any trees required to be removed per Section 10.70 of the City Code from
a site shall be removed and disposed of according to Section 10.70 of the
City Code prior to release of the financial security.
4. Residential Building Permit Applicants and the City shall be exempt from
the financial security requirement of this Section.
5. The financial security required for the Replacement Trees is due prior to
the issuance of the Permit applied for or the release of the development
plat for recording.
H. Miscellaneous.
The removal of diseased Significant Trees per Section 10.70 of the City
Code or Hazard Trees is required. No Replacement Trees shall be
required for the removal of these trees.
Projects involving a Residential Building Permit that requires the removal
of two (2) or fewer Significant Trees are exempt from the requirements of
this Section.
N.
3. If the Applicant disagrees with the City staff decision with respect to the
interpretation or enforcement of this Subdivision, the Applicant may appeal
that decision by following the procedure established in Section 11.90,
APPEALS, of this Code.
4. Land previously planted for commercial tree farm purposes shall be
subject to tree replacement requirements as determined appropriate by the
City with the maximum requirement being the current tree replacement
requirements of Paragraph D.1 of this Subdivision.
I. Exemptions. The following Developments or Woodland Alterations are exempt from
the requirements for a Woodland Alteration Permit:
1. Any private or public infrastructure and utility installation, building
construction, excavation, grading, clearing, filling or other earth change on
any parcel of land, or adjacent parcels of land in common ownership, less
than two and one half (2.5) acres in size.
2. Cutting, removing or killing a total over five (5) years of less than 10% of
the Significant Trees on any parcel of land.
3. When the boundaries of the project site on residential properties are too small
or planting is restricted by underground utilities.
4. Home gardens or an individual's home landscaping, repairs and
maintenance work.
5. Existing agricultural, horticultural or silvicultural operations.
6. Emergency work to prevent or alleviate immediate damages to life, limb,
property or natural resources. In such event, if a Woodland Alteration
Permit had been required but for emergency, the obligations of this
Subdivision shall apply and shall be performed at the earliest reasonable
time thereafter.
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City of Shakopee, MN
Tree Preservation Regulations Overview: Residential
This is only an overview of what is needed for a Tree Preservation Plan. Additional Requirements are found in the Tree Preservation
Regulations (City Code Sec. 11.60 Subd. 9).
ATree Preservation Plan is required for any development, subdivision, or building that takes place on a parcel of land with a
Significant Tree.
A Significant Tree is:
1) An Exceptional Tree ?A inches in diameter (oak, hickory, basswood, sugar maple, black maple, cherry, catalpa, walnut,
hackberry, hornbeam, coffeetree, butternut, buckeye, or horse chestnut); or
2) A Common Tree >_6 inches in diameter (box elder, poplar, silver maple, red maple, ash, elm, cedar, willow, mulberry, balsam
fir, birch, pine, spruce, tamarack, black locust or other fast growing deciduous trees not listed as an Exceptional Tree).
3) A High Priority Tree is an Exceptional Tree ?15 inches in diameter.
A Tree Preservation Plan consists of:
1) A tree inventory which must include every Significant Tree on the Buildable Land on the property. Significant trees must be
identified, measured, and tagged with a unique ID.
a. Buildable Land is any land not considered a wetland as defined in Section 11.02 of City Code or a bluff impact zone
as defined in the Natural Resources Design Criteria.
2) A site plan which must include inventoried tree locations, attributes, and whether they are to be removed or preserved,
construction /grading limits, lot lines, etc...
3) A tree replacement sheet which must display the location, species, size, and stock type of replacement trees *.
* Each replacement tree planted shall count as 2 inches of removed tree dia. The minimum size of a replacement tree is 1.25
caliper inches or #20 container for deciduous and 5 feet in height or #20 container for conifer.
Allowable Tree Removal:
Column A
Column B
• • -
Allowable tree removal without
replacement "
Tree replacement ratio when allowable removal is exceeded
During
30% of the total dia. inches, for
Subdivision
Basic Infrastructure (streets,
1:1.5 (remove: replace) tree dia. inches.
(Developers)
storm ponds, utilities, etc...).
After.-
The building footprint plus 20
1:1(remove:replace) tree dia. inches for Significant Trees.
Subdivision
feet in all directions. The
1:1.5 (remove: replace) tree dia. inches for High Priority Trees.
(Builders)
driveway plus a total of 20 feet
Significant Trees preserved within allowable removal area
on either side.
count towards tree replacement dia. inches X2.
Financial Security:
1) Developers: If replacement trees are required for your site, a financial security is required for two growing seasons to
guarantee survival-(# replacement trees *$200 *1.5 = financial security). If the applicant receives a two year warranty
approved by the City for the replacement trees from their landscape contractor, the financial security may be reduced by
75% upon installation of the trees and inspection by the City.
2) Builders. Are replacement trees required for your site? If so a financial security is required for one full growing season for
the replacement trees -(# replacement trees *$200 *1.5 = financial security). For residential builders, if the landscape
contractor gives a one year warranty or more on replacement trees and communicates this to the home buyer, the financial
security may be returned in full after the installation and inspection of the replacement trees.
Is your property identified as a Natural Resources Corridor?
If so, the Natural Resources Corridor Design Criteria will apply. The map and design criteria can be found on the City's webpage-
(Parks. Rec. & Natural Resources> Natural Resources >Tree Management >For Developers)
City of Shakopee, MN
Tree Preservation Regulations Overview: Commerical /Industrial
This is only an overview of what is needed for a Tree Preservation Plan. Additional Requirements are found in the Tree Preservation
Regulations (City Code Sec. 11.60 Subd. 9).
A Tree Preservation Plan is required for any development, subdivision, or building that takes place on a parcel of land with a
Significant Tree.
A Significant Tree is:
1) An Exceptional Tree >A inches in diameter (oak, hickory, basswood, sugar maple, black maple, cherry, catalpa, walnut,
hackberry, hornbeam, coffeetree, butternut, buckeye, or horse chestnut); or
2) A Common Tree >_6 inches in diameter (box elder, poplar, silver maple, red maple, ash, elm, cedar, willow, mulberry, balsam
fir, birch, pine, spruce, tamarack, black locust or other fast growing deciduous trees not listed as an Exceptional Tree).
3) A High Priority Tree is an Exceptional Tree >_15 inches in diameter.
A Tree Preservation Plan consists of:
1) A tree inventory which must include every Significant Tree on the Buildable Landon the property. Significant trees must be
identified, measured, and tagged with a unique ID.
a. Buildable Land is any land not considered a wetland as defined in Section 11.02 of City Code or a bluff impact zone
as defined in the Natural Resources Design Criteria.
2) A site plan which must include inventoried tree locations, attributes, and whether they are to be removed or preserved,
construction /grading limits, lot lines, etc...
3) A tree replacement sheet which must display the location, species, size, and stock type of replacement trees *.
* Each replacement tree planted shall count as 2 inches of removed tree dia. The minimum size of a replacement tree is 1.25
caliper inches or #20 container for deciduous and 5 feet in height or #20 container for conifer.
Allowable Tree Removal:
Column A
Column B
..-
Allowable tree removal without replacement
Tree replacement ratio when allowable
removal is exceeded
During Site
Development
60% of the total tree dia. inches for the lot being built.
1:1.5 (remove: replace) tree dia. inches.
Off -site Basic
15% of the total tree dia. inches for the lot the Basic
Infrastructure_
Infrastructure (streets, storm ponds, utilities, etc...) is
1:1.5 (remove: replace) tree dia. inches.
being installed on.
Financial Security:
If replacement trees are required for your site, a financial security is required for two growing seasons to guarantee survival-
(# replacement trees* $200 *1.5 = financial security).
If the applicant receives a two year warranty approved by the City for the replacement trees from their landscape contractor, the
financial security may be reduced by 75% upon installation of the trees and inspection by the City.
Is your property identified as a Natural Resources Corridor?
If so, the Natural Resources Corridor Design Criteria will apply. The map and design criteria can be found on the City's webpage-
(Parks, Rec. & Natural Resources> Natural Resources >Tree Management >For Developers)