HomeMy WebLinkAbout8.A. Revisions to City Code Sec. 11.60, Subd. 9, Tree Mngmnt Regulations - Ord. No. 833pwtA
SIB. 1:1- E
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Jacob Busiahn, Natural Resources Technician
DATE: 05/06/2014
General Business
8. A.
SUBJECT: Revisions to City Code Section 11.60, Subdivision 9, Tree Management Regulations- Ord. No. 883 (A,
B) (Tabled from April 15th, 2014)
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 proposed Tree Management Regulations were recommended by the Planning Commission on April 3rd, 2014.
This item was tabled by the City Council April 15th, 2014 for further discussion on the applicability to
commercial /industrial, the financial security, and the tree inventory. The memo from the April 15th meeting is
attached, which highlights other major changes proposed to this ordinance.
The revised Tree Management Regulation 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 regarding what needs to be delivered to the City for tree management with a development
application.
Discussion
At the April 15th meeting, several members of the City Council indicated that their main concern regarding the
proposed text amendment was how it pertained to Commercial /Industrial properties. The original tree management
ordinance was established to manage the woodlands within in the City as development happened. This included
both residential and commercial /industrial. It was also established to make sure developers would consider the
natural areas of the sites when developing. When reviewing the applicability of the ordinance to
commercial /industrial two questions should be considered: 1) for commercial /industrial zoning, is some woodland
preservation in the best interest of the city, and 2) what is the proper role of the City in managing the community's
natural resources?
The Council also had questions regarding the financial security, and the requirement for a tree inventory.
The purpose of the financial security is to give the City some recourse if a developer or builder does not replace
trees after clearing them as required by ordinance. A portion of the financial security is kept for two years to assure
the required plantings are kept in good health during the establishment period.
The purpose of the tree inventory is to determine what species and size of trees exist on the site, and if possible, to
develop a site plan which works around some high priority areas.
Options for City Council to consider:
Option 1.
Keep the City's current Tree Management Regulations in place with no amendments.
• Tree replacement and a financial security is required after removing 3 trees or more.
• Financial security is kept in full for two years after planting.
• The amount and time period are different than the landscaping ordinance requirements, which can
create confusion for developers and builders.
• Very minimally accounts for size of tree and does not account for species.
• Does not create a high incentive to preserve trees.
• Requires an inventory of every 'significant tree' on the site.
Option 2.
tldopt the revised proposed Tree Management Regulations as presented.
• Accounts for species and size of trees being preserved and removed.
• Acknowledges there will need to be some tree removal when developing a site and does not penalize for that.
Allowable tree removal is set at a limit which is meant to allow for complete development of the site without
requiring tree replacement or a financial security. Trees are allowed to be removed outside of limits, but
require replacement and a financial security.
• When a financial security is collected, it is reduced by 75% -100% of the original amount once the required
trees are installed, as long as the appropriate warranty is given by the landscaper.
• Encourages preserving some trees on site, but does not require it.
• Allows preserved trees to act as credits for landscaping requirements.
• A tree inventory of the 'significant trees' is required to identify possible areas of tree preservation. If certain
areas of a site will not be altered or have very limited flexibility in site design the diameter inches of the site
can be estimated with a sample survey.
Option 3.
Exempt commercial /industrial from the Tree Management Regulations and increase landscaping required in
Section 11.60 Subdivision 8.
• Does not require an inventory or financial security (financial security would be required as part of the
landscape requirements).
• Leaves the City with no recourse when woodlands are cleared and a developer sells the site (which is why the
moratorium was put in place in March 2013).
• A builder will not have an opportunity to save trees if the developer decides to clear the land while platting.
• Could create sites with all of the landscaping is in one area of the site, instead of screening roads and
buildings or evenly dispersed through out site.
• City is not informed when or how woodlands are being cleared.
• Does not stop clear cutting of sites without replacement.
A general overview of the proposed ordinance is attached, as well as the proposed ordinance in its entirety. More
clarification has been added to the tree inventory requirements in the proposed ordinance since the April 15th
meeting.
Recommendation
Staff recommends Option 2, the revised Tree Management regulations
Relationship to Visioning
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: Overview of a Tree Preservation Plan for Commerical /Industrial
Overview of a Tree Preservation Plan for Residential Development and Building
Memo from April 15th, 2014 Meeting
Proposed Tree Management Regulations
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 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 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 *5200 *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)
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).
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 2!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 2:15 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
rni,
..-
Allowable tree removal without
replacement
Tree replacement ratio when allowable removal is exce eded '
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)
5/1/2014
SHAKO PEE
E
AI -1121
City Council - Regular Session
Meeting Date: 04/15/2014
FROM: Jacob Busiahn,
Print Agenda Item
General Business
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 tent amendments include the
following major revisions:
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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 (removereplace) 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).
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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 comrnercial/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
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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 Re lations
Overview of a Tree Preservation Plan for Residential Development and Building
Overview of a Tree Preservation Plan for Com tnerical/Industrial
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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.
2
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.
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. Each inventoried tree must be tagged with a unique identification number.
1. In circumstances where larger areas of the site are not being altered /graded or
have no flexibility in planning around Significant Trees, the Applicant may request
permission from the City's Natural Resources Department to use a stratified
random sample with a fixed area plot to calculate an estimated tree DBH and
species for each stratum. The survey results must be with 510% standard error
for each stratum. Plots must be marked to allow for replication of survey if
necessary. Trees do not need to be tagged with this method.
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:
4
I . 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
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
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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.
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 1" and July 31s` 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 or 200
PSI, 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 1$` and July 31th
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 2t30 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 1/4 of the total.
6) Replacement Trees shall not be planted in a location that will interfere with other
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.
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.
L 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
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
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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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