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HomeMy WebLinkAbout5.D.2. Amendment to City Code Sec. 11.60, Subd. 9, Woodland Management Regulations-Ord. No. 791 S,p,~. CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: Ryan Hughes, Natural Resources Coordinator .O Meeting Date: March 18, 2008 Subject: Amendment to City Code Sec. 11.60, Subd. 9, Woodland Management Regulations INTRODUCTION: This agenda item seeks review and approval of Ordinance No. 791, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending City Code Section 11.60, Subdivision 9 Relating to Woodland Management Regulations. BACKGROUND: The Planning Commission voted 7-0 to recommend approval of the text amendment at the March 6, 2008 meeting. The Environmental Advisory Committee unanimously approved the text amendment at the February 13, 2008 meeting. DISCUSSION: The key revisions to the existing regulations include: ¦ Preservation of Heritage Trees that can be utilized as focal points. ¦ Tree replacement requirements based on the Natural Resources Corridor Map. ¦ Increased minimum size of replacement trees to 2 caliper inches consistent with other sections of City Code. ¦ Fine or penalty for unauthorized. tree removal not consistent with the approved Tree Management Plan. ¦ Financial security requirement to ensure tree replacement and payment of fines or penalties. ¦ Exemptions from section for Residential Building Permit projects for home improvement projects such as decks, porches, fences, and small additions that remove 2 or fewer non-Heritage Trees. These changes are set forth in the attached draft with new language underlined and deleted language struck out. VISIONING RELATIONSHIOP This agenda item appears to meet the following aspects of the City's vision: Goal: High Quality of Life Strategies: Protect the Environment Page 1 of 2 STAFF RECOMMENDATION: Staff recommends Council adopt the text amendment as presented. REQUESTED ACTION: If Council concurs, offer Ordinance No. 791, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending City Code Section 11.60, Subdivision 9 Relating to Woodland Management Regulations, and move its adoption. Page 2 of 2 ORDINANCE NO. 791, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE SECTION 11.60, SUBDIVISION 9 RELATING TO WOODLAND MANAGEMENT REGULATIONS THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA ORDAINS: Section 1. City Code Chapter 11, Section 11.60, subdivision 9 is amended to read as follows: SEC. 11.60 PERFORMANCE STANDARDS. Subd. 9. ~Nee~la+~~ Tree Management Regulations. The following requirements and standards shall apply to any dDevelopment on any parcel of land containing a ~AFeediand Tree and for which a preliminary plat, minor subdivision, building permit, conditional use permit, variance, fence permit, or grading permit is required. A. Definitions. Applicant means any person proposing a Development. Caliper Inch means the measurement of a tree trunk measured at 6 inches above the root ball or according to the method of caliper measurement of a tree trunk as stated by the most recent American Standard for Nursery Stock by the American Nursery & Landscape Association. Development means any activity for which a preliminary plat, minor subdivision, building permit, conditional use permit, variance, fence permit or grading permit is required on land containing a ~-Tree. Diameter at Breast Height, or DBH, means the length of a straight tine through the trunk of a tree (in inches} measured at fifty-four ~54~ inches above the ground from the uphill side of the tree. Dormant Season means the time between leaf drop in the fall and early spring before budbreak. Dripline means an imaginary vertical line that extends from the outermost branches of a tree's canopy to the ground. Forestry Specialist means a tree inspector or forester certified by the State of Minnesota. Growing Season means the time between budbreak in the spring and leaf drop in the fall. Hazard Tree means a tree posing a threat to property or people that has visible hazardous defects such as dead wood, cracks, weak branch unions decay cankers, root problems, or poor tree architecture as defined by the United States Department of Agriculture -Forest Service -Northeastern Area's publication How to Recognize Hazardous Defects in Trees (NA-FR-01-96). Heritage Tree means a tree that has all of the following characteristics; 1. Is a deciduous tree; 2. Has a DBH equal to or greater than twenty-four (24) inches (a lesser size tree may be considered to be a Heritage Tree if it is a rare species or can be utilized as a focal point in the protect); 3. Has a life expectancy of greater than ten (10) years; and 4. Has structural integrity and shows no visible defects that would cause it to be classified as a Hazard Tree: Natural Resources Corridor Map means the City's most recently adopted Natural Resources Corridor map. This map is incoporated into the City's Comprehensive Plan through the Natural Resource Plan component. Natural Resource Corridor Priority Ranking means the areas identified as Good. Better, Best, or Buffer on the Natural Resources Corridor Map. Replacement Tree means a two (2) Caliper Inch balled and burlapped. Tree planted consistent with Section 7.05 and 7.18 of the Citv Code. Residential Building Permit means any building permit or fence permit required by Section 4.03 of the City Code for property used as a single family dwelling unit. Examples include, but are not limited to, sheds, decks porches garages swimming pools, fences or building additions. Tree means a living specimen of a woody plant species that is either a deciduous tree whose diameter is six (6) inches or greater at DBH, or a coniferous tree whose height is twelve (12) feet or greater. Tree Management Plan is the tree inventory, removal, preservation, and replacement plan for a site where an Applicant proposes to remove a Tree. Tree Protection Fencing means orange snow fencing or polyethylene laminate safety netting placed at the Dripline of Trees to be preserved. B. aAEee~la?~d Tree Management Plan Requirements. 1. Any Applicant who desires to remove any Tree on any parcel of land must submit a ~eedlaa~ Tree Management Plan to the City and must demonstrate that there are no feasible or prudent alternatives to removing any Tree. 2 2. The ~Feedlar~d Tree Management Plan for a Development requiring a preliminary plat minor subdivision commercial building permit conditional use permit, variance or yrading permit must be completed by a Forestry Specialist and consist of the following information: a~ Tree Inventory Sheet A survey depicting the location of all existing Trees on the property and the Natural Resource Corridor Priority Ranking for each Tree Each Tree shall be labeled with a unique identification number b~ Tree Removal/Preservation Sheet A scaled drawing depicting the locations of the Trees to be preserved and Tree Protection Fencing. Trees intended for removal shall be clearly distinguishable from those intended for preservation. Proposed lot lines building pads driveways streets. easements, and any areas in which Tree removal is expected shall be shown. c~ Tree Inventory Legend Sheet A page providing a matrix or table listing the unique identification number for the Tree(s), the species or common name of the Tree(s), the size in Caliper Inches at DBH and an indicator as to whether the Tree is intended for removal or preservation d~ _Tree Replacement Sheet A scaled drawing depicting the Replacement Tree locations with a legend identifying each Replacement Tree's species and size and the quantity of Replacement Trees to be planted. 3. . Applicants for a Residential Building Permit must complete the City's "Tree Management Evaluation and Compliance Form" as their Tree Management Plan. The City must also be provided with a certificate of survey that contains the following information• The location of all existing Trees on theproperty~ The location of all Tress to be removed: The location of all Trees to be~reserved• and The location and species of aA Replacement Trees. 4. No grading or building permits shall be issued by the City until the applicant has installed any required Tree Protection Fencing and the Tree Protection Fencing has been inspected and approved by the City. 3 5. Any changes to the Tree Management Plan shall be submitted in writing to the City by the Applicant for approval. If the change includes anv additional Tree removal, an additional inspection and approval by the City of the Tree Protection Fencing will be required. 6. All information contained in the Tree Management Plan must not be more than one (1Zyear old at the time of submittal 7. Trees required to be removed pursuant to Section 10.70 of the Cites shall be identified as removed on the Tree Management Plan and must be removed. Trees removed consistent with Section 10.70 of the City Code are exempt from the Replacement Tree Requirements of this Section. C. Tree Preservation Requirements. 1. All Heritage Trees must be preserved. Heritage Trees evaluated and concluded to be a Hazard Tree or not suitable as a focal point for the project by a Forestry Specialist are exempt from this requirement. 2. The Applicant must preserve all of the Trees identified as Trees to be preserved on the Tree Management Plan. ~ D. Tree Replacement Tree Requirements. 1. The treasure amount of tree rReplacement Trees required will be based on the « , }hn AIDI #ho AAinno.°,.nt.°.. ~ .°..^d .r.."..~r Cluscifryut;on C io tam il__o~. tl_pGho r i-1 #n . removed Tree's Natural Resource Corridor Priority Ranking The Applicant shall replace removed trees according to the following schedule: H;gn~dal+t-y :^Tee^"Q,ar;asJFerest nl~no n o Tree-fe~euc~ee rerreved Tronc remwoA I n •i rl~ ~~lifii \^/nnAlr~nr~lc/Cr~roo#c Donlono .+no Tron fr.r over.. ~..o.. ~c...a. #hroe #rooc r io rl Tree's Natural Resources Corridor Replacement Tree Ratio: Priorit Rankin Best 1:1 Remove:Re lace Better 2:1 Remove:Re lace Good 3:1 Remove:Re lace Buffer 4:1 Remove:Re lace 2. Rc crevtation ana landscaping-sheufd ~ti(ize-a variet~ef tree,Q Replacement Trees shall not utilize any species presently under disease or insect epidemics without prior written approval from the City. 3. No more than one-third (1/3) of the Replacement Trees may be anv one species of trees. - 4 34. The species of fees--planted Replacement Trees must be hardy under local conditions, must be compatible with the local landscape, must be appropriate for the soil conditions on the property, and must not be less than two 2 ^ h^~+ 1 Cali er +Inches . 45. Anv Trees required by Tthe Sify~ landscaping requirements set forth in Section 11.60 of the City Code for Ttrees will count towards the Tree rReplacement Requirements of required-#y this ~d+visier~ Section. 6. If a Tree cannot be located on the Natural Resource Corridor Map, the Tree's Corridor Priority Ranking shall be classified as "good" for purposes of determining the replacement ratio. 7. Replacement Tree quantities shall be rounded up to the nearest whole number. 58. 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 replase~er~t required by this SIsisr~ Section. 9. All Replacement Trees shall be planted during the ideal planting season for the particular species. The ideal planting season for most tree species is during the Dormant Season. Anv Replacement Tree planting not completed during the Dormant Seasons must be completed with caution during the summer months in warm and dry conditions. OE. Tree and~eedlar~ds Mitigation Standards. 1. All Development ,activities, ' ,must take place in such a manner that r^^+ ^°r~+i^n ~+~hi~i+„ n+ n.,i~+ir,^ Tro^c or° nn+ offon+^'+ onrl mi ~c} nrrwirl^ cv'o+inn Tr°°c wi+h no more than one-half (1/2) of the sr~r~ area within the Dripline of any Tree to be preserved is impacted. 2. jJ^IaGQq at the drip line er at tf~erimeter--c3f the ^ i+i^^' r,° w~i^hnv°r is me o+cr of Tr°°c oniJ U/r~nrll.+nrJc +n h^ n No grade change, construction activity, or storage of materials shall occur within the #eased-area Tree Protection Fencing. Th^ R.,~+ A/1^non^m°n+ Drw~ti~°~ ro~nnr.' h i ih° ~"i},~ ch-+Il h fnlln a°rl ,.y.,....,... .,y.,.z", .,y~.~ 3. Structures, driveways, and parking facilities shall be located in such a manner that the maximum number of Trees should be preserved. 4. To control the overland spread of Oak Wilt, the pruning of Oak trees or collateral damage to Oak trees from adjacent tree removal shall be avoided from April 1st thru July 31STwhich is the most susceptible period of 5 infection. F. Unauthorized Tree Removal. 1. Any person, firm, or corporation who removes or causes the loss of Trees identified to be preserved on an approved Tree Management Plan shall be required to complete one of the following as determined by the City: a~ Installation of Replacement Trees according to the DBH of the Tree removed: or i) The Replacement Tree ratio shall be two (2) Caliper Inches for every one (1) DBH inch of Tree removed; ii) All Replacement Trees required by this Section shall be planted within the same development. b~ Payment to the City of $500.00 for every one (11 DBH inch of Trees removed that were unauthorized. This amount may be taken by the City from the financial security posted by the Applicant for Tree Replacement. G. Financial Security. 1. In order to ensure that there is compliance with the submitted Tree Management Plan and to ensure replacement of any Replacement Trees that die during the warranty~eriod and the removal of any diseased trees, the Applicant shall provide the City with a cash deposit, a letter of credit or escrow, in favor of the City, in an amount of one hundred and fift (150) percent of the Tree Replacement Requirement estimate. 2. All Replacement Trees planted must be warranted through two complete Growing Seasons. If a Replacement Tree dies during the warranty ep riod, it must be replaced with a Tree of the same size and species. Prior to the expiration of the warranty period, a Forestry Specialist shall inspect the Trees. As Trees are declared healthy by the Forestry Specialist upon inspection, the Applicant may request reductions to the financial security amount provided that adequate funds remain equal to one hundred and fifty (150) percent of the cost to complete the remaining work. 3. Any trees required to be removed per Section 10.70 of the City Code from a site shall be removed and disposed of according to Section 10.70 of the City Code prior to release of the financial security 4. Residential Building Permit Applicants .and the City shall be exempt from the financial security requirement of this Section. €H. Miscellaneous. 1. The removal of diseased Trees .per Section 10.70 of the City Code or Hazard Trees is required. No Replacement Trees shall be required for the removal of these trees. r7'rin onr h Ir7' n I t^ Anr~lir~+ f ham. Na-graal..9 ,~a6,amg-~,ermits shall be issued unti~l~ ,~,~.s inc~°°^~-Proper--Pretestiva-fencing areund tl~e T~^^ h^i^^ ^ ,TCgII rQ 6 2. Projects involving a Residential Buildin_y Permit that requires the removal of two (2) or fewer non-Heritage Trees are exempt from the requirements of this Section. 3. If the Applicant disagrees with the City staff decision with respect to the interpretation or enforcement of this S~iu+sier~ Section, the Applicant may appeal that decision by following the procedure established in Section 11.90, APPEALS, of this Code. Raferestatien~nd landssaping~hall-~;tili~e a vary ~ ^f + ee~, Section 2. Summary Approved. The City Council hereby determines that the text of the summary ordinance marked "Official. Summary of Ordinance 791", a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. Section 3. Posting and Filing. A copy of this ordinance is filed in the office of the City Clerk and a copy is provided to the Shakopee Library for. posting and filing, at which locations a copy is available for inspection by any person during regular office hours. Section 4. The City Clerk shall publish the title of this ordinance and the official summary in the official newspaper with notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the office of the City Clerk and Shakopee Library. Section 5. Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in regular session of the City Council of the City of Shakopee, Minnesota, held this day of , 2008. Mayor of the City of Shakopee ATTEST: City Clerk (New language is indicated by underlining and deleted language is indicated by n+r{Lc+h rni inhe~\ 7 Official Summary of Ordinance No. 791 The following is the official summary of Ordinance No. 791, Fourth Series, approved by the City Council of the City of Shakopee, Minnesota on March 18, 2008. ORDINANCE NO. 791, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 11, SECTION 11.60, SUBDIVISION 9 RELATING TO WOODLAND MANAGEMENT REGULATIONS 1. The Ordinance amendment changes the title of Chapter 11, Section 11.60, Subdivision 9 from "Woodland Management Regulations" to "Tree Management Regulations." 2. The Ordinance amendment applies the City Code's tree management requirements and standards to additional types of applications, which are: conditional use permits, variances and fence permits. 3. The Ordinance amendment sets forth the submittal requirements for tree management plans and the City's Tree Management Evaluation and Compliance Form. 4. The- Ordinance amendment establishes tree preservation requirements for Heritage Trees (which are defined in part as deciduous trees with a diameter equal or greater than 24 inches). 5. The Ordinance amendment. requires replacement trees for trees being removed based on the tree's Natural Resource Corridor Priority Ranking which references the City's Natural Resources Corridor Map. 6. The Ordinance amendment increases the minimum size of required replacement trees to two caliper inches. 7. The Ordinance amendment establishes penalties and fines for unauthorized tree removal. 8. The Ordinance amendment establishes a financial security requirement in order to ensure replacement tree installation and compliance with the submitted tree management plan. 9. The Ordinance makes an exemption from the tree management regulations for projects involving a residential building permit where two or fewer non-Heritage Trees are to be removed. A printed copy of the ordinance is available for inspection by any person at the office of the City Clerk and at the Shakopee Library.