HomeMy WebLinkAbout10.F.3. Natural Resources Corridor Design Criteria Amendments Res. No. 7442.. General Business 10. F. 3.
SHAKOFTE
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Jacob Busiahn, Natural Resources Technician
DATE: 05/20/2014
SUBJECT: Natural Resources Corridor Design Criteria Amendment - Res. No. 7442 (A, B)
(Tabled from May 6th, 2014)
Action Sought
The City Council, if it concurs, should adopt Resolution No. 7442, A Resolution of the City of
Shakopee Minnesota Amending Section 1 and 4 of the of the Natural Resources Corridor Design
Criteria.
Background
The Natural Resources Corridor Design Criteria ( NRCDC) was adopted into City Code (Section
12.24, Ord 798) on May 20th, 2008. The design criteria sets requirements for development within
areas of the Natural Resources Corridor (Map Attached). The areas identified in the NRCDC
include: lakes and streams, wetlands, woodlands, upland vegetation, wildlife habitat, endangered
and threatened species, steep slopes and bluffs, recreation, accessibility /infrastructure, and
connectivity when designing a site.
Discussion
In order to make the NRCDC consistent with the proposed amended Tree Preservation
Requirements (Sec. 11.60 Subd. 9), sections 1 and 4 of the NRCDC must be updated with
amendments to the following:
1. Definitions; Applicant, Common Tree, Critical Root Zone, Exceptional Tree, Heritage Tree,
High Priority Tree, Infrastructure, Natural Resources Corridor Map and Tree.
2. Tree replacement requirements;
• Ranking requirements were removed.
3. Allowable tree removal:
• The allowable tree removal is currently 50% of the significant trees within the Natural
Resources Corridor. This requirement has been removed from Section 4 of the NRCDC due
to the proposed ordinance achieving the goal of this requirement.
• Currently no 'Heritage Trees' are allowed to be removed within a NRC. This requirement has
been amended that if over 50 percent of the 'High Priority Tree' diameter inches are removed
for any reason, they shall be replaced at a ratio of 1:1.5 DBH (remove:replace).
4. Requirements for the tree preservation plan.
. Wording made consistent with proposed amended Tree Preservation Requirements (Sec.
11.60 Subd. 9).
Sections 1 and 4 of the NRCDC which contain the proposed amendments are attached. The
NRCDC can be found in full on the City's web page (Parks, Rec. & Natural Resources> Natural
Resources >Tree Management >For Developers).
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.
Requested Action
The City Council, if concur, offer Resolution No. 7442, A Resolution of the City of Shakopee
Minnesota Amending Section 1 and 4 of the of the Natural Resources Corridor Design Criteria
and move its adoption.
Attachments: Amended NRCDC -clean
Amended NRCDC -with edits
Res. No 7442
NRC Map
City of Shakopee Natural Resources Corridor Design Criteria
Section 1 Definitions
5/13/2014
For the purposes of the Natural Resources Corridor Design Criteria the following definitions
apply. Nothing in these definitions is intended to modify other terms used in any other City code
or City ordinance.
1. 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.
2. Buildable area of land means the minimum contiguous area remaining on a lot or
parcel of land after all setback requirements and buffers, bluffs and restricted steep
slopes, easements and rights -of -way, historic sites, wetlands, and land below the
ordinary high water level of public waters are subtracted for the purpose of placement of
structures.
3. Bluff means a topographic feature such as a hill, cliff, or embankment having the
following characteristics:
a. The slope rises at least 25 feet in elevation above the toe of the bluff;
b. The grade of the slope from the toe of the bluff to a point 25 feet or more above the
toe averages 18percent or greater.
c. A distance of 50 feet or more as measured vertically along the bluff face.
d. A distance equal to or greater than 660 feet as measured horizontally along the most
direct route of the top of bluff in the bluff face. The horizontal distance can extend
beyond property lines.
4. Bluff face means the area between the toe of the bluff and top of the bluff.
5. Bluff impact zone means a bluff and land located within 50 feet from the top or the toe
of a bluff.
6. Buffer is an area of natural, unmaintained, vegetated ground cover abutting or
surrounding a wetland, watercourse, waterbody, habitat area, or other natural feature.
7. 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.
8. Conservation Easement is an easement granted in favor of the City and recorded with
the County over, above, and below a parcel of land to permanently protect the
environmental value of the land.
9. Conventional subdivision means a pattern of subdivision development that permits the
division of land in the standard form where lots are spread evenly throughout a parcel
with little regard for natural features or common open space as compared to a
conservation subdivision where lots are clustered and common opens space is provided.
10. Conservation subdivision means a method of subdivision characterized by common
open space and clustered compact lots, with the purpose of creating greater community
value through open space amenities for homeowners and protection of natural
resources, while allowing for the residential densities consistent with prevailing densities.
Site designs incorporate standards of low impact development, such as the use of some
single -load roadways and narrower rights -of -way, looped road -ways versus cul -de -sacs,
maximum road setbacks for structures, and preservation of trees, shoreline, unique
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City of Shakopee Natural Resources Corridor Design Criteria 5/13/2014
resources, and scenic vistas, and these developments use stormwater designs that
emphasize on -site retention and infiltration through the preservation of native vegetation
within the shore impact zone, use of pervious surfaces, rain gardens, and swales.
11. Core habitat area means the central area of a patch of habitat which maintains the
habitat's pre- fragmentation conditions.
12. Corridor Connections means a corridor that provides residents and natural resources
an opportunity to travel between natural resource areas identified on the Natural
Resources Corridor map.
13. 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)
14. Diameter at Breast Height, or DBH, means the length of a straight line through the
trunk of a tree (in inches) measured at 54 inches above the ground from the uphill side
of the tree.
15. Development means any activity for which a preliminary plat, minor subdivision,
conditional use permit, variance, building permit, or grading permit is required.
16. Dripline means an imaginary vertical line that extends from the outermost branches of a
tree's canopy to the ground.
17. Easement means a limited property right to make use of a parcel or lot owned by
another person, such as a drainage and utility easement or conservation easement.
18. Ecosystem means the whole of the environment (physical, chemical, and biological)
and the organisms which interact within that system.
19. Edge habitat means the outlying areas of a patch of habitat which may be disturbed by
human activities and may have different wind, sun, and rain exposure than core habitat
areas.
20. Endangered Species is a species threatened with extinction throughout all or a
significant portion of its range in Minnesota.
21. 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.
22. Fragmentation means the process that occurs as people use the land resulting in the
natural landscape being divided into ever - smaller pieces by transportation and utility
corridors and residential, commercial and industrial land uses. The remaining natural
areas, or fragments, are reduced in size and degraded in quality, resulting in a decline in
plant and animal populations, and the disappearance of sensitive plant and animal
communities.
Page 6 of 40
City of Shakopee Natural Resources Corridor Design Criteria
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23. Habitat means areas that sustain native species of plant or animal by providing
necessary resources which may include shelter, food, protection, or reproduction areas.
24. Habitat buffer zone means undeveloped or agricultural areas surrounding a wildlife
corridor or habitat area intended to provide edge habitat and protect the wildlife corridor
from human disturbances.
25. High Priority Tree is a healthy Exceptional Tree 15 inches DBH or greater, or any tree
the City has a strong desire to preserve.
26. High quality vegetation means those areas identified in the Scott County MLCCS land
cover survey with native vegetation and rated as "better" or "best" sites in the Shakopee
Natural Resources Corridor maps.
27. Highly erosive soils means those soils designated as highly erosive in the Scott
County Soils Survey database and maps.
28. 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.
29. Intensive vegetative clearing means the removal of trees or shrubs, or perennial native
grasses in a contiguous patch, strip, row, or block.
30. Minnesota Land Cover Classification System (MLCCS) means the land cover
classification system created by the Minnesota Department of Natural Resources and
the completed land cover survey data collected and mapped by Scott County consistent
with the MLCCS. The classification system consists of five hierarchical levels. Levels 1,
2, and 3 are a hybrid based on the National Vegetation Classification System and the
Minnesota Natural Heritage plant communities data. Levels 4 and 5 use the Minnesota
Natural Heritage system to more explicitly identify plant community types.
31. Minnesota Routine Assessment Method (MnRAM) is a wetland functions assessment
tool created in Minnesota by an interagency workgroup in 1991 to help local officials
make sound wetland management decisions based on data gathered in the field. This
tool evaluates the following functions of a wetland and establishes a value of
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City of Shakopee Natural Resources Corridor Design Criteria 5/13/2014
exceptional, high, medium, or low for each function (MnRAM Comprehensive General
Guidance document, Board of Water and Soil Resources):
1. Vegetative Diversity /Integrity
2. Maintenance of Characteristic Hydrologic Regime
3. Flood /Stormwater /Attenuation
4. Downstream Water Quality
5. Maintenance of Wetland Water Quality
6. Shoreline Protection
7. Maintenance of Characteristic Fish Habitat
8. Maintenance of Characteristic Amphibian Habitat
9. Aesthetics /Recreation /Education /Cultural
10. Commercial Uses
11. Groundwater Interaction
12. Wetland Restoration Potential
13. Sensitivity to Stormwater and Urban Development
14. Additional Stormwater Treatment Needs
32. Natural Resources Corridor Map refers to the most recent version of the Shakopee
Natural Resources Corridor map approved by the Shakopee City Council. 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 the City's Natural Resources Department.
33. Natural Resource Prioritization Matrix (NRPM) refers to the matrix system created by
the Shakopee Environmental Advisory Committee to evaluate natural features for the
creation of the Natural Resources Corridor map. The NRPM is included in the Natural
Resources Plan component of the Comprehensive Plan.
34. Native vegetation means plants and plant communities that occur naturally in the
Shakopee area.
35. Patch means a relatively homogeneous type of habitat that is spatially separated from
other similar habitat and differs from its surroundings. (Forman, R. 1995. Land Mosaics:
The Ecology of Landscape and Regions. Cambridge University Press, Cambridge.)
Page 8 of 40
City of Shakopee Natural Resources Corridor Design Criteria
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Patch shape and edge. The edge to Interior ratio of a habi
tat patch Is affected by patch shape. A more convoluted, Irregular. or
linear patch will have a higher proportion of edge, thus, increasing the
number of edge species and decreasing the number of Interior species.
36. Recreation opportunities means an area that provides residents recreating an
opportunity to interact with natural resources in the Natural Resources Corridor.
37. RidgelineNiewshed means an area with a slope that is equal or greater than 18
percent that has a length of more than 660 feet as measured horizontally along the
most direct route of the area that would be considered the bluff face.
38. Right -of -way is a narrow length of land used for the route of a railroad, electric power
line, or public road.
39. Riparian refers to living or being located on the bank of a natural watercourse or
sometimes of a lake.
40. Riparian Rights are the legal rights of a landowner owning riparian land.
41. Setback is the minimum horizontal distance between a structure or other specified item
such as a wetland boundary.
42. Slope refers to the continuous inclination of the land surface for a distance of at least 50
feet, when measured perpendicular to the contour line. Most often slope is defined as
the percentage related to the inclination. For example, a 25percent slope would have a
one foot rise in land for every four feet of horizontal distance (see diagram below).
1 ft rise /4 ft distance = 0.25
0.25 *100 = 25percent slope
I
1 Ft
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4 Ft
Not to Scale
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City of Shakopee Natural Resources Corridor Design Criteria
5/13/2014
43. Special Concern Species is a species not listed as endangered or threatened, but is
considered extremely uncommon in Minnesota or has unique or highly specific habitat
requirements and deserves careful monitoring of its status. Species on the periphery of
their range that are not listed as threatened may be included in this category along with
those species that were once threatened or endangered but now have increasing or
protected, stable populations.
44. Steep slope means lands with the following characteristics:
a. Average slopes equal to or greater than 18percent.
b. A distance of 50 feet or more as measured vertically along the bluff face.
c. A distance equal to or greater than 660 feet as measured horizontally along the most
direct route of the top of bluff in the bluff face. The horizontal distance can extend
beyond property lines.
45. Threatened Species is a species likely to become endangered within the foreseeable
future throughout all or a significant portion of its range within Minnesota.
46. Toe of the bluff means the lower point of a 50 foot segment with an average slope
exceeding 18percent.
47. Top of the bluff means the higher point of a 50 foot segment with an average slope
exceeding 18percent.
48. 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.
49. Wetland means the lands transitional between terrestrial and aquatic systems as
defined in the Minnesota Wetland Conservation Act (WCA).
50. Wetlands, Exceptional Value are exceptional and highest functioning wetlands or
those sensitive wetlands receiving conveyed storm water runoff that have yet retained a
medium level of vegetative diversity /integrity according to the MnRAM 3.0 evaluation.
These wetlands are most susceptible to human impacts, are most unique, have the
highest community resources significance such as rare species habitats, and similar
characteristics.
51. Wetlands, High Value are high quality wetlands according to the MnRAM 3.0
evaluation. These wetlands are relatively undisturbed but exhibit evidence of more
disturbance or degradation than Exceptional Value wetlands. High Value wetlands have
conditions and functions that are susceptible to human impacts, are connected to other
wetlands or watercourses, and may contain locally significant or rare wetland types.
52. Wetlands, Medium Value are wetlands that provide medium functional levels according
to the MnRAM 3.0 evaluation. These wetlands typically provide a diversity of habitats,
are connected to other wetland or upland habitats to provide wildlife habitat, and often
provide the optimal restoration opportunity.
53. Wetlands, Low Value are wetlands that have been substantially disturbed according to
the MnRAM 3.0 evaluation. These wetlands tend to be less susceptible to further
impacts than the other wetland management classifications. They also have low
vegetative diversity /integrity and no connectivity to other wetlands and watercourses.
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City of Shakopee Natural Resources Corridor Design Criteria 5/13/2014
54. Wetland Boundary is the delineation between upland and wetland determined
according to the United States Army Corps of Engineers Wetland Delineation Manual
(January 1987). The wetland type must be determined according to United States Fish
and Wildlife Service Circular No. 39 (1971 edition).
55. Wetland Conservation Act (WCA) became effective January 1, 1992, to A) achieve no
net loss in the quantity, quality, and biological diversity of Minnesota's existing wetlands;
B) increase the quantity, quality, and biological diversity of Minnesota's wetlands by
restoring or enhancing diminished or drained wetlands; C) avoid direct or indirect
impacts from activities that destroy or diminish the quantity, quality, and biological
diversity of wetlands; and D) replace wetland values where avoidance of activity is not
feasible or prudent (Minnesota Rules Chapter 8420).
56. Wetland Delineation Report is the proof submitted to the local government unit in
compliance with Chapter 8420.0225 of the WCA identifying the wetland boundary.
57. Wetland Replacement Plan is an application form supplied by the applicant proposing
wetland impacts. The components of the plan must be in compliance with the
requirement of Chapter 8420.0530 of the WCA.
58. Wildlife corridors are linear landscape features composed of native vegetation that
connect two or more habitat patches to allow for the movement of animals, birds and
other species.
59. Wildlife habitat areas means areas identified as better or best wildlife habitat on the
Natural Resources Corridor Wildlife map.
60. Woodland means the area within the contiguous dripline created by a grouping of
woody plant species if the grouping contains at least 1 tree.
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City of Shakopee Natural Resources Corridor Design Criteria 5/13/2014
Section 4 Design Criteria for Woodlands
A. Areas Subject to the Design Criteria. The Design Criteria for woodlands in this Section
shall apply to all woodland areas within the Natural Resources Corridor map.
S. Principles for Design Criteria. The minimum Design Criteria for woodlands are created to
meet one the following criteria:
1. Large Wooded Areas. Protects wooded areas that are large relative to all local
tracts of remnant wooded areas; or
2. Proximity. Protects wooded areas that are in relative proximity to other wooded
areas.
C. Minimum Design Criteria for Woodlands. The following are the minimum Design Criteria
that shall apply to woodland areas:
1. Tree Removal Prior to Development Application is Prohibited. The deliberate
removal of any tree on any parcel of land containing a tree that is currently under
subdivision review by the City prior to approval of a management plan per City Code
Section 11.60, Subdivision 9, is prohibited except for the removal of individual dead,
diseased, or hazard trees for safety purposes.
2. Site Design. Structures, driveways, and parking facilities shall be located in such a
manner that the maximum number of trees should be preserved.
3. Tree Preservation Plan Requirements. Any Applicant must submit a Tree
Preservation Plan per City Code Section 11.60, Subdivision 9, prepared by a forestry
specialist to the City and must demonstrate that there are no feasible or prudent
alternatives to removing any tree. Alternatives such as; decreased setbacks,
minimized grading, reduction in the number of proposed dwelling units, reduction in
street width or design, or other design modifications shall be considered. Increased
costs alone shall not be sufficient proof of lack of feasible or prudent alternatives. An
applicant for a residential building permit must complete the City's "Residential
Building Permit Tree Preservation Plan" as their Tree Preservation Plan. The City
must also be provided with a certificate of survey that contains all of the information
requirements listed for a Tree Preservation Plan.
a. Pre -plan Meeting. The applicant is encouraged to meet with City of
Shakopee staff prior to the creation of a preservation plan per City Code
Section 11.60, Subdivision 9, to discuss subdivision design alternatives that
meet the requirements of this section.
b. Proof Required for Requesting Tree Removal. The proof required for an
assertion that no feasible or prudent alternative to tree removal exists shall
include, at a minimum, information on the following:
i A description and site design of alternatives considered prior to the
assertion of no feasible or prudent alternative;
ii Cost estimates of alternatives that were considered; and
iii Other information requested by the reviewing authority.
c. Review by Expert. The City may engage one or more experts to assist in
the evaluation of an assertion that there are no feasible or prudent
alternatives to removing any tree. An expert may be engaged to review
biological information, cost estimates that are provided as proof of feasibility
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City of Shakopee Natural Resources Corridor Design Criteria 5/13/2014
or prudence, or other reviews deemed necessary by the City to evaluate. Full
costs of engaging such experts shall be charged to the applicant.
d. Final Determination of Feasibility or Prudency. The City of Shakopee
shall make the final determination of whether or not feasible and prudent
alternatives exist to tree removal.
e. Information required in the Tree Preservation Plan. The preservation plan
per City Code Section 11.60, Subdivision 9, must consist of the following:
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:
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 within s10% of 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.
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;
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 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 on tree
inventory.
Site Plan
A scaled drawing of the site including:
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City of Shakopee Natural Resources Corridor Design Criteria 5/13/2014
1.
The location, identification number, and tree type (Common,
Exceptional, or High Priority) of all trees inventoried;
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, parking
areas, 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 lot survey meeting all the possible requirements of the
tree inventory and site plan must be provided to the builder
of the 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.
iii 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. Plant list including species, size, and stock type of
Replacement Trees;
3. Planting details that meet the City's tree planting
specifications; and
4. Easements, right -of -ways, construction limits, roads,
driveways, and building pads.
4. Tree Removal The following conditions shall apply to an applicant proposing to
remove trees from any parcel of land within the Natural Resources Corridor map:
a. If over 50 percent of the High Priority Tree diameter inches are removed for
any reason, they shall be replaced at a ratio of 1:1.5 DBH (remove: replace).
b. Tree removal on the parcel shall not have the effect of reducing a woodland
area, partially or entirely located on the parcel, to less than 5 acres.
Site Inspections Required. Site inspections to ensure compliance with the Tree
Preservation Regulations must occur prior to the issuance of any permit for the
development. The applicant must survey and stake all platted property lines,
streets, parks, open spaces, building pads and install tree protection prior to site
inspection. At least two additional site inspections shall occur during site
preparation and construction of the development to ensure compliance with the
approved preservation plan per City Code Section 11.60, Subdivision 9. Additional
Page 22 of 40
City of Shakopee Natural Resources Corridor Design Criteria 5/13/2014
site inspections necessary because the applicants requested revisions to the
approved management plan per City Code Section 11.60, Subdivision 9, will be
completed by the City and the costs shall be charged to the Applicant and
reimbursed from the construction security.
5. Design Criteria for Tree and Woodland Protection during Grading, Contouring,
and Construction
a. All development activities, including grading and contouring, must take place
in such a manner that no more than one third of the area within the Critical
Root Zone of any tree to be preserved is impacted.
Figure 3.3: Tree protection fence installation
Figure from Conserving Wooded Area
in Developing Communities - Best
Management Practices in Minnesota. ",,-.,'
MN Dept of Natural Resources,, !;
MN Shade Tree Advisory Committce;•
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Area State and Private Forestry:
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b. Installation of snow fencing or polyethylene laminate safety netting shall be
placed at the critical root zone of trees to be preserved. No grade change,
construction activity, or storage of materials shall occur within the area
surrounded by tree protection fencing.
c. The applicant and the applicant's contractors shall take steps to prevent the
change in soil chemistry due to concrete washout and leakage or spillage of
toxic materials, such as fuels or paints. Washout areas must be identified on
site and signage of those areas should be provided in the construction area.
d. Best management practices shall be followed for tree protection during site
grading and construction. The City adopts by reference the best
management practices in the most current version of Conserving Wooded
Areas in Developing Communities — Best Management Practices in
Minnesota, Minnesota Department of Natural Resources, Minnesota Shade
Tree Advisory Committee, USDA Forest Service, Northeastern Area State
and Private Forestry. State of Minnesota, Department of Natural Resources.
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City of Shakopee Natural Resources Corridor Design Criteria 5/13/2014
6. Dead or Diseased Trees. Trees determined to be dead or diseased by the City of
Shakopee will be required to be removed in accordance with City Code Section
10.70 and such removals will not require replacement or count towards the approved
removal quantity.
7. Woodland Design Criteria in Shoreland Areas. Tree removal in Shoreland areas
is subject to the provisions of this Section with the following additional requirements:
a. A tree preservation plan per City Code Section 11.60, Subdivision 9, shall not
allow tree removal within the shore and bluff impact zones and on steep
slopes or bluffs in shoreland areas as defined in the Natural Resources
Corridor Design Criteria.
b. Intensive vegetation clearing for forest land conversion to another use is
prohibited.
c. In shore and bluff impact zones and on steep slopes or bluffs as defined in
the Natural Resources Corridor Design Criteria, limited clearing of shrubs and
cutting, pruning, and trimming of trees is allowed to provide a view to the
water from the principal dwelling site and to accommodate the placement of
stairways and landings, picnic areas, livestock watering areas, access paths,
beach and watercraft access areas, and permitted water - oriented accessory
structures of facilities, provided that:
i the access path is consistent with Lakes and Streams Design Criteria;
ii the screening of structures, vehicles, or other facilities as viewed from
the water, assuming summer, leaf -on conditions, is not substantially
reduced;
iii along rivers, existing shading of water surfaces is preserved; and
iv the above provisions are not applicable to the removal of trees, limbs,
or branches that are dead, diseased, or pose safety hazards.
8. Financial Security Required. Security shall be provided by the applicant to
guarantee compliance with this chapter.
a. 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.
b. 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.
c. 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.
i For commercial /industrial 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
Page 24 of 40
City of Shakopee Natural Resources Corridor Design Criteria 5/13/2014
insufficient water. The remaining financial security will be held by the
City for two years.
1. When reducing the financial security, 75% will be returned
unless City staff feels the trees have a heightened risk of
failure.
ii For builders of individual residential lots within a subdivision who
receive a one year warranty from the landscape contractor who
installed the trees, 100% of the financial security will be returned
upon:
1. Inspection and acceptance of installed trees by the City; and
2. 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.
d. 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:
i. All trees have one dominate leader, are free of deadwood, and injured
branches;
ii. All tree wrap is removed;
iii. All stakes and wires are removed; and
iv. Trees are in leaf.
At the time of final inspection the City shall decide to:
Refund the financial security in full; or
ii. 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.
e. 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.
L 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.
g. The City shall be exempt from the financial security requirement of this Section.
9. Penalty for Unauthorized Tree Removal. 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 if the property does not have the required 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
Page 25 of 40
City of Shakopee Natural Resources Corridor Design Criteria 5/13/2014
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 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 $15,000 payment will be required if
measurements are unavailable.
10. Plan is a Continuing Requirement. The tree preservation plan per City Code
Section 11.60, Subdivision 9, shall be a continuing requirement on publicly owned or
managed property.
Page 26 of 40
City of Shakopee Natural Resources Corridor Design Criteria
Section 1 Definitions
5/13/2014
For the purposes of the Natural Resources Corridor Design Criteria the following definitions
apply. Nothing in these definitions is intended to modify other terms used in any other City code
or City ordinance.
1. 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. .
2. Buildable area of land means the minimum contiguous area remaining on a lot or
parcel of land after all setback requirements and buffers, bluffs and restricted steep
slopes, easements and rights -of -way, historic sites, wetlands, and land below the
ordinary high water level of public waters are subtracted for the purpose of placement of
structures.
3. Bluff means a topographic feature such as a hill, cliff, or embankment having the
following characteristics:
a. The slope rises at least 25 feet in elevation above the toe of the bluff;
b. The grade of the slope from the toe of the bluff to a point 25 feet or more above the
toe averages 18percent or greater.
c. A distance of 50 feet or more as measured vertically along the bluff face.
d. A distance equal to or greater than 660 feet as measured horizontally along the most
direct route of the top of bluff in the bluff face. The horizontal distance can extend
beyond property lines.
4. Bluff face means the area between the toe of the bluff and top of the bluff.
5. Bluff impact zone means a bluff and land located within 50 feet from the top or the toe
of a bluff.
6. Buffer is an area of natural, unmaintained, vegetated ground cover abutting or
surrounding a wetland, watercourse, waterbody, habitat area, or other natural feature.
6:7 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.
-7-.8. Conservation Easement is an easement granted in favor of the City and recorded with
the - County over, above, and below a parcel of land to permanently protect the
environmental value of the land.
8-.9. Conventional subdivision means a pattern of subdivision development that permits the
division of land in the standard form where lots are spread evenly throughout a parcel
with little regard for natural features or common open space as compared to a
conservation subdivision where lots are clustered and common opens space is provided.
9-.10. Conservation subdivision means a method of subdivision characterized by
common open space and clustered compact lots, with the purpose of creating greater
community value through open space amenities for homeowners and protection of
natural resources, while allowing for the residential densities consistent with prevailing
densities. Site designs incorporate standards of low impact development, such as the
use of some single -load roadways and narrower rights -of -way, looped road -ways versus
cul -de -sacs, maximum road setbacks for structures, and preservation of trees, shoreline,
Page 5 of 42
City of Shakopee Natural Resources Corridor Design Criteria 5/13/2014
unique resources, and scenic vistas, and these developments use stormwater designs
that emphasize on -site retention and infiltration through the preservation of native
vegetation within the shore impact zone, use of pervious surfaces, rain gardens, and
swales.
10:11. Core habitat area means the central area of a patch of habitat which maintains
the habitat's pre- fragmentation conditions.
12. Corridor Connections means a corridor that provides residents and natural resources
an opportunity to travel between natural resource areas identified on the Natural
Resources Corridor map.
13. 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.
14-. Example: If a tree's DBH is 10 inches, its CRZ is 15 Feet (10 x 1.5 = 15)
114. Diameter at Breast Height, or DBH, means the length of a straight line through
the trunk of a tree (in inches) measured at 54 inches above the ground from the uphill
side of the tree.
133 -.15. Development means any activity for which a preliminary plat, minor subdivision,
conditional use permit, variance, building permit, or grading permit is required.
14:16. Dripline means an imaginary vertical line that extends from the outermost
branches of a tree's canopy to the ground.
4-594 17. Easement means a limited property right to make use of a parcel or lot owned by
another person, such as a drainage and utility easement or conservation easement.
16.18. Ecosystem means the whole of the environment (physical, chemical, and
biological) and the organisms which interact within that system.
119. Edge habitat means the outlying areas of a patch of habitat which may be
disturbed by human activities and may have different wind, sun, and rain exposure than
core habitat areas.
20. Endangered Species is a species threatened with extinction throughout all or a
significant portion of its range in Minnesota.
1 -8.21. 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.
4 -9:22. Fragmentation means the process that occurs as people use the land resulting
in the natural landscape being divided into ever - smaller pieces by transportation and
utility corridors and residential, commercial and industrial land uses. The remaining
natural areas, or fragments, are reduced in size and degraded in quality, resulting in a
decline in plant and animal populations, and the disappearance of sensitive plant and
animal communities.
Page 6 of 42
City of Shakopee Natural Resources Corridor Design Criteria
FragmeRtatiOR
cry
���t le .ti r1 1 )2 ) . 1 )• -�
,'�' ;i X41 i <.�"\i:�yh �GCti� 4�• S \�•l] `••,1\� j�; i ?
100 75 75 -4W 50
,.
' V.
eta
0 25 25 50
tigum from (lird. and rorcas.
Janet C. Green and NIN Dept or Natural Proportion or habeat remaining ( %)
Resources. 1995. State or Minnesna.
Sflrrrnntir uj/n'o),nr;)irr /mgnn•ufnfinrl aad /o)\ of hel+i6d. 77u•n• arr f/urJrn/rl rfjrR\ in jnr),nnranrliun that
rL frrrul un Ne Ilerbn and it.. h,, Nrat rffll/n1'alI'Ill\• 11"bilNt.gr1H.. aIn l ale belle'! ada/dnl I- var,rirr its jragnvnLvl
/rlal/Sfrlles tJr.ur /arlrilul \ /xvi.rh.l1. (:1dalNrr/(m)a audl+n 1991.)
75
0
40
5/13/2014
1 a,,a a ,)• �a }�
75 -W 50
",�' nom^ i'�,"•'+�. )'i
0 25 25 50
Figure front Girds and Forests.
Janet C. Green and MN Dept of Natural Proportion of habitat remaining ( %)
Resources. 1995. State of Minnesota.
SchfnrJlir 77n'rrnn• Ihrr\huGl r /lf•(l\ it, /r lnlivn thrrt
dr1n url m the \/vfie% rind il\ hfibiled iequip,luen!\. / /n( +i /nl �rurrn /i\I\ un' h! tlr r nrLlfrtrv/ (u \ur /'i r (n /luCf/nl flfrvl
Irtrrrl\(ir/rf'\ than hrthitnl \ 1u•r'6rlisls. (:Fdn /rtod /un».Frrr /rrvr 094.)
71
c
3
z
a
2&23. Habitat means areas that sustain native species of plant or animal by providing
necessary resources which may include shelter, food, protection, or reproduction areas.
24-.24. Habitat buffer zone means undeveloped or agricultural areas surrounding a
wildlife corridor or habitat area intended to provide edge habitat and protect the wildlife
corridor from human disturbances.
Page 7 of 42
City of Shakopee Natural Resources Corridor Design Criteria 5/13/2014
project
C:r— Has rtazif e e Gta -nG � ny _Of_rv�FeateF th@R 10 years;
classified as a Hazy Fd Tfe-&
25. High Priority Tree is a healthy Exceptional Tree 15 inches DBH or greater. or any tree
the City has a strong desire to preserve.
23:26. High quality vegetation means those areas identified in the Scott County
MLCCS land cover survey with native vegetation and rated as "better" or "best" sites in
the Shakopee Natural Resources Corridor maps.
2 =t:27. Highly erosive soils means those soils designated as highly erosive in the Scott
County Soils Survey database and maps.
23:28. 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.meaRS roads, driveways, aFking Into,
'
ry ipMeRt ated c OFt StF rt
t
v
26.29. Intensive vegetative clearing means the removal of trees or shrubs, or
perennial native grasses in a contiguous patch, strip, row, or block.
230. Minnesota Land Cover Classification System (MLCCS) means the land cover
classification system created by the Minnesota Department of Natural Resources and
the completed land cover survey data collected and mapped by Scott County consistent
with the MLCCS. The classification system consists of five hierarchical levels. Levels 1,
2, and 3 are a hybrid based on the National Vegetation Classification System and the
Minnesota Natural Heritage plant communities data. Levels 4 and 5 use the Minnesota
Natural Heritage system to more explicitly identify plant community types.
25.31. Minnesota Routine Assessment Method (MnRAM) is a wetland functions
assessment tool created in Minnesota by an interagency workgroup in 1991 to help local
officials make sound wetland management decisions based on data gathered in the
field. This tool evaluates the following functions of a wetland and establishes a value of
exceptional, high, medium, or low for each function (MnRAM Comprehensive General
Guidance document, Board of Water and Soil Resources):
1. Vegetative Diversity /Integrity
2. Maintenance of Characteristic Hydrologic Regime
3. Flood /Stormwater /Attenuation
4. Downstream Water Quality
5. Maintenance of Wetland Water Quality
6. Shoreline Protection
7. Maintenance of Characteristic Fish Habitat
8. Maintenance of Characteristic Amphibian Habitat
9. Aesthetics /Recreation /Education /Cultural
10. Commercial Uses
Page 8 of 42
City of Shakopee Natural Resources Corridor Design Criteria 5/13/2014
11. Groundwater Interaction
12. Wetland Restoration Potential
13. Sensitivity to Stormwater and Urban Development
14. Additional Stormwater Treatment Needs
29-.32. Natural Resources Corridor Map refers to the most recent version of the
Shakopee Natural Resources Corridor map approved by the Shakopee City Council.
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 the City's Natural Resources Department.
30:33. Natural Resource Prioritization Matrix (NRPM) refers to the matrix system
created by the Shakopee Environmental Advisory Committee to evaluate natural
features for the creation of the Natural Resources Corridor map. The NRPM is included
in the Natural Resources Plan component of the Comprehensive Plan.
34 -.34. Native vegetation means plants and plant communities that occur naturally in
the Shakopee area.
3205. Patch means a relatively homogeneous type of habitat that is spatially separated
from other similar habitat and differs from its surroundings. (Forman, R. 1995. Land
Mosaics: The Ecology of Landscape and Regions. Cambridge University Press,
cam
20%
tire from Con cnation Thr,
Land Ilse Plaonen. The lit
r Institute. 2003. Washingtu
IN',' 1- 55576. 085 -7.
70%
r
10%
Patch shape and edge. The edge to interior ratio of a habi
tat patch Is affected by patch shape. A more convoluted, Irregular, or
linear patch will have a higher proportion of edge, thus, Increasing the
number of edge species and decreasing the number of Interior species.
Page 9 of 42
City of Shakopee Natural Resources Corridor Design Criteria 5/13/2014
3 -3.36. Recreation opportunities means an area that provides residents recreating an
opportunity to interact with natural resources in the Natural Resources Corridor.
34:37. Ridgeline/Viewshed means an area with a slope that is equal or greater than 18
percent that has a length of more than 660 feet as measured horizontally along the
most direct route of the area that would be considered the bluff face.
3538. Right -of -way is a narrow length of land used for the route of a railroad, electric
power line, or public road.
36:39. - Riparian refers to living or being located on the bank of a natural watercourse or
sometimes of a lake.
340. Riparian Rights are the legal rights of a landowner owning riparian land.
38.41. Setback is the minimum horizontal distance between a structure or other
specified item such as a wetland boundary.
39:42. Slope refers to the continuous inclination of the land surface for a distance of at
least 50 feet, when measured perpendicular to the contour line. Most often slope is
defined as the percentage related to the inclination. For example, a 25percent slope
would have a one foot rise in land for every four feet of horizontal distance (see diagram
below).
I
1 ft rise /4 ft distance = 0.25 1 Ft
1
0.25 '100 = 25percent slope 4 Ft
Not to Scale
40.43. Special Concern Species is a species not listed as endangered or threatened,
but is considered extremely uncommon in Minnesota or has unique or highly specific
habitat requirements and deserves careful monitoring of its status. Species on the
periphery of their range that are not listed as threatened may be included in this category
along with those species that were once threatened or endangered but now have
increasing or protected, stable populations.
4144. Steep slope means lands with the following characteristics:
a. Average slopes equal to or greater than 18percent.
b. A distance of 50 feet or more as measured vertically along the bluff face.
c. A distance equal to or greater than 660 feet as measured horizontally along the most
direct route of the top of bluff in the bluff face. The horizontal distance can extend
beyond property lines.
445. Threatened Species is a species likely to become endangered within the
foreseeable future throughout all or a significant portion of its range within Minnesota.
43.46. Toe of the bluff means the lower point of a 50 foot segment with an average
slope exceeding 18percent.
44:47. Top of the bluff means the higher point of a 50 foot segment with an average
slope exceeding 18percent.
-1�. Tree means a living spedmen of a woody plaRt speGies that is eitheF a deGidueus
whose diameteF is 6 inches er greater at D8H, eF a GGn*feFGUS tree whese height is 12
foot „ro,+ar means a living specimen of a woodV plant species that is either an
Exceotional Tree whose diameter is 4 inches or greater DBH: a Common Tree whose
diameter is 6 inches or greater DBH.
Page 10 of 42
City of Shakopee Natural Resources Corridor Design Criteria 5/13/2014
Section 4 Design Criteria for Woodlands
A. Areas Subject to the Design Criteria. The Design Criteria for woodlands in this Section
shall apply to all woodland areas within the Natural Resources Corridor map.
B. Principles for Design Criteria. The minimum Design Criteria for woodlands are created to
meet one the following criteria:
1. Large Wooded Areas. Protects wooded areas that are large relative to all local
tracts of remnant wooded areas; or
2. Proximity. Protects wooded areas that are in relative proximity to other wooded
areas.
C. Minimum Design Criteria for Woodlands. The following are the minimum Design Criteria
that shall apply to woodland areas:
1. Tree Removal Prior to Development Application is Prohibited. The deliberate
removal of any tree on any parcel of land containing a tree that is currently under
subdivision review by the City prior to approval of a management plan per City Code
Section 11.60, Subdivision 9, is prohibited except for the removal of individual dead,
diseased, or hazard trees for safety purposes.
2. Site Design. Structures, driveways, and parking facilities shall be located in such a
manner that the maximum number of trees should be preserved.
3. Tree Preservation Management -Plan Requirementsd. Any Aapplicant fef-a
must submit a Ttree maRagemeRt- Preservation
Pplan per City Code Section 11.60, Subdivision 9, prepared by a forestry specialist
to the City and must demonstrate that there are no feasible or prudent alternatives to
removing any tree. Alternatives such as; decreased setbacks, minimized grading,
reduction in the number of proposed dwelling units, reduction in street width or
design, or other design modifications shall be considered. Increased costs alone
shall not be sufficient proof of lack of feasible or prudent alternatives. An applicant
for a residential building permit must complete the City's "Residential Buildinq Permit
Tree Preservation Plan " as their
Tree Ma Rage t-Preservation Plan. The City must also be provided with a
certificate of survey that contains all of the
Inn 40� en of all tFe to he r n edi and A\ the lnnn4inn and species of all
renlaGen,ent trees information requirements listed for a Tree Preservation Plan.
a. Pre -plan Meeting. The applicant is encouraged to meet with City of
Shakopee staff prior to the creation of a maRagemeRt-preservation plan per
City Code Section 11.60, Subdivision 9, to discuss subdivision design
alternatives that meet the requirements of this section.
b. Proof Required for Requesting Tree Removal. The proof required for an
assertion that no feasible or prudent alternative to tree removal exists shall
include, at a minimum, information on the following:
i A description and site design of alternatives considered prior to the
assertion of no feasible or prudent alternative;
ii Cost estimates of alternatives that were considered; and
Page 20 of 42
City of Shakopee Natural Resources Corridor Design Criteria 5/13/2014
iii Other information requested by the reviewing authority.
c. Review by Expert. The City may engage one or more experts to assist in
the evaluation of an assertion that there are no feasible or prudent
alternatives to removing any tree. An expert may be engaged to review
biological information, cost estimates that are provided as proof of feasibility
or prudence, or other reviews deemed necessary by the City to evaluate. Full
costs of engaging such experts shall be charged to the applicant.
d. Final Determination of Feasibility or Prudency. The City of Shakopee
shall make the final determination of whether or not feasible and prudent
alternatives exist to tree removal.
e. Information required in the Tree Preservation Plan. The
management plan per City Code Section 11.60, Subdivision 9,
must consist of the following:
Tree Inventory -Sheet
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 adiacent
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:
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 within
:510% of 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.
1. Identification number:
2. Tree size (DBH or DRC):
3. Tree species:
4. Tree Type (Common. Exceptional, or High Priority):
5. Onsite or offsite (adiacent property):
6. Critical Root Zone:
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 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 on tree
Page 21 of 42
City of Shakopee Natural Resources Corridor Design Criteria 5/13/2014
inventory. _A, survey depieting the leGation of all existing
tFees, as defined in this R-lubdivisien, on the prGpeFty and the
Ea��tth� tFee -shall be -lphei identifina
ii Tree Removaltl2feservation SheetSite Plan
A scaled drawing of the site including:
1 The location identification number, and tree type (Common,
Exceptional or High Priority) of all trees inventoried:
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, parkinq
areas 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 lot survev meeting all the possible requirements of the
tree inventory and site plan must be provided to the builder
of the 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.
r 1 r the removed tFees. Trees inteRded fnr Ferneval shall
ffeservatiGR. PFE)pesed !at lines, building pads, driveways;
+r + easements, Rd i aFeas •n Whieh tree rem -oval is
expeGted shall be shown. The !MatioR of C -tFe
preservation fence should also be showR.
FN Tree inventory I egenri Sheet
the tFee, the speGies OF GOFFIFFIGR name, the size in Galiper inGhes at
r -as to whether the -4eeG iS iRtGTlded fOT
+viii Tree Replacement Sheet
The Tree Replacement Sheet is a scaled drawinq 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:
Page 22 of 42
City of Shakopee Natural Resources Corridor Design Criteria 5/13/2014
2. Plant list including species, size, and stock type of
Replacement Trees;
3. Planting details that meet the City's tree planting
specifications: and
4. Easements, right -of -ways, construction limits, roads,
driveways, and building pads. °A page — depiGti g the
replaeeFneRt tree lOGatiORS with a legend identifying the tree-
4. Tree Removal and Replacement. The following conditions shall apply to an
applicant proposing to remove trees from any parcel of land within the Natural
Resources Corridor map:
a. If over PF8seFve 50 percent of the trees
b-.a.AW50- percent of the HeFitage TFeesh!jjh Priority Tree diameter inches MUSt
be pFeseNedare removed for any reason, they shall be replaced at a ratio of
1:1.5 DBH (remove: replace).
e:b.Tree removal on the parcel shall not have the effect of reducing a woodland
area, partially or entirely located on the parcel, to less than 5 acres.
MM -M
Page 23 of 42
City of Shakopee Natural Resources Corridor Design Criteria 5/13/2014
ft: Site Inspections Required. Site inspections to ensure compliance with the VVeadland
nn-,RagernentTree Preservation Regulations must occur prior to the issuance of any
permit for the development. The applicant must survey and stake all platted
property lines, streets, parks, open spaces, building pads and install tree protection
prior to site inspection. At least two additional site inspections shall occur during
site preparation and construction of the development to ensure compliance with the
approved m^ ^°^ement preservation plan per City Code Section 11.60, Subdivision
9. Additional site inspections necessary because the applicants requested revisions
to the approved management plan per City Code Section 11.60, Subdivision 9, will
be completed by the City and the costs shall be charged to the Applicant and
reimbursed from the construction security.
-7-.5.Design Criteria for Tree and Woodland Protection during Grading, Contouring,
and Construction
a. All development activities, including grading and contouring, must take place
in such a manner that no more than eRe-ha #one third of the area within the
Vie- Critical Root Zone of any tree to be preserved is impacted.
Figure 3.3: Tree protection fence installation
Figure from Conserving Wooded Areas
Management Practices in Minnesofa.rf=
MN Dept of Natural Resources,,.' r : ;. : �` -'_ x :'•.
INN Shade Tree Advisory Cornibittee,,
USDA Forest Service, Northeaste . 3
'f .:L• :.
Area State and Private Forest&,yr •� � „��:- �'�s -�'r
Revised 2000. State of Minnesota
Ce
_ �o ^" cte
�Struc .010 Site 0 pcote
Co • 9� ~�07
b. Installation of snow fencing or polyethylene laminate safety netting shall be
placed at the `rip line oF at the ., rimeter of the critical root zone , ^rh�rTT' �
is greateF, of trees to be preserved. No grade change, construction activity,
or storage of materials shall occur within the area surrounded by tree
protection fencing.-
c. The applicant and the applicant's contractors shall take steps to prevent the
change in soil chemistry due to concrete washout and leakage or spillage of
Page 24 of 42
City of Shakopee Natural Resources Corridor Design Criteria 5/13/2014
toxic materials, such as fuels or paints. Washout areas must be identified on
site and signage of those areas should be provided in the construction area.
d. Best management practices shall be followed for tree protection during site
grading and construction. The City adopts by reference the best
management practices in the most current version of Conserving Wooded
Areas in Developing Communities — Best Management Practices in
Minnesota, Minnesota Department of Natural Resources, Minnesota Shade
Tree Advisory Committee, USDA Forest Service, Northeastern Area State
and Private Forestry. State of Minnesota, Department of Natural Resources.
8:6. Dead or Diseased Trees. Trees determined to be dead or diseased by the City of
Shakopee will be required to be removed in accordance with City Code Section
10.70 and such removals will not require replacement or count towards the approved
removal quantity.
9-.7.Woodland Design Criteria in Shoreland Areas. Tree removal in Shoreland areas
is subject to the provisions of this Section with the following additional requirements:
a. A tree management- preservation plan per City Code Section 11.60,
Subdivision 9, shall not allow tree removal within the shore and bluff impact
zones and on steep slopes or bluffs in shoreland areas as defined in the
Natural Resources Corridor Design Criteria.
b. Intensive vegetation clearing for forest land conversion to another use is
prohibited.
c. In shore and bluff impact zones and on steep slopes or bluffs as defined in
the Natural Resources Corridor Design Criteria, limited clearing of shrubs and
cutting, pruning, and trimming of trees is allowed to provide a view to the
water from the principal dwelling site and to accommodate the placement of
stairways and landings, picnic areas, livestock watering areas, access paths,
beach and watercraft access areas, and permitted water - oriented accessory
structures of facilities, provided that:
i the access path is consistent with Lakes and Streams Design Criteria;
ii the screening of structures, vehicles, or other facilities as viewed from
the water, assuming summer, leaf -on conditions, is not substantially
reduced;
iii along rivers, existing shading of water surfaces is preserved; and
iv---the above provisions are not applicable to the removal of trees, limbs,
or branches that are dead, diseased, or pose safety hazards.
IV
4-0:8. Financial Security Required for Develepef. Security shall be provided by the
applicant develeper to guarantee compliance with this chapter.
a. 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.
Page 25 of 42
City of Shakopee Natural Resources Corridor Design Criteria 5/13/2014
b. 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.
e. All Replacement Trees must be warrantied to quarantee survival. The warrant
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.
i For commercial /industrial 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.
1. When reducing the financial security. 75% will be returned
unless City staff feels the trees have a heightened risk of
failure.
ii For builders of individual residential lots within a subdivision who
receive a one year warranty from the landscape contractor who
installed the trees 100% of the financial security will be returned
upon:
1. Inspection and acceptance of installed trees by the City: and
2. 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.
d. 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:
i. All trees have one dominate leader, are free of deadwood, and iniured
branches:
ii. All tree wrap is removed:
iii. All stakes and wires are removed: and
iv. Trees are in leaf.
At the time of final inspection the City shall decide to:
i. Refund the financial security in full: or
Reauire the plantina 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.
e 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.
Page 26 of 42
City of Shakopee Natural Resources Corridor Design Criteria 5/13/2014
is 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.
The City shall be exempt from the financial security requirement of this Section.
• fin @nrial c Fity rani iFement
44-.9. Penalty for Unauthorized Tree Removal.
per City Cede SeGtien 11.60, SUbCliViSieR 9, shall be Fequi,,ecl tO GGFnplete G)Re ef the
felted: 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
if the property does not have the required 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 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 $15.000 payment will be required if
measurements are unavailable.
Page 27 of 42
City of Shakopee Natural Resources Corridor Design Criteria
110. Plan is a Continuing Requirement.
per City Code Section 11.60, Subdivision
publicly owned or managed property.
5/13/2014
The managernent -tree preservation plan
9, shall be a continuing requirement on
Page 28 of 42
RESOLUTION NO. 7442
A RESOLUTION OF THE CITY OF SHAKOPEE MINNESOTA AMENDING SECTION
1 AND 4 OF THE NATURAL RESOURCES CORRIDOR DESIGN CRITERIA
WHEREAS, Ordinance No. 798 refers to the Natural Resources Corridor Design Criteria
(dated 5/14/2008) adopted on May 20, 2008.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SHAKOPEE, MINNESOTA,
1. That it hereby approves and adopts the attached amended sections 1 and 4 of
Natural Resources Corridor Design Criteria (dated 5/13/14).
2. Such design criteria shall be kept on file at City Hall and shall be made available
to the public.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that this Resolution supersedes sections 1
and 4 adopted by Resolutions No. 6777, which refers to the Natural Resources Corridor Design
Criteria (dated 5/14/2008).
Adopted in session of the City Council of the City of Shakopee, Minnesota,
held this day of , 2014.
Brad Tabke
Mayor of the City of Shakopee
ATTEST:
City Clerk
Shakopee's Natural Resources Corridors
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