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HomeMy WebLinkAbout14.E. Woodland Management Regulation-Ord. No. 656 /i.E # CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council Mark McNeill, City Administrator From: R. Michael Leek, Community Development Director Mark J. McQuillan, Natural Resources Director Subject: Woodland Management Regulation: Text Amendment to the Tree Preservation Ordinance Meeting Date: February 18, 2003 INTRODUCTIONIBACKGROUND: The Environmental Advisory Committee (EAC) developed and recommended to the Planning Commission the adoption of a "woodland management" ordinance. Over several months the EAC and Planning Commission have reviewed, discussed, and made changes to the draft ordinance. The Council is now asked to approve the proposed amendment to City Code Sec. 11, Zoning. ALTERNATIVES: 1. Adopt Ordinance No. 656, an ordinance amending City Code Sec. 11.60. 2. Do not adopt Ordinance No. 656. 3. Table the matter for additional information or other reasons. PLANNING COMMISSION RECOMMENDATION: At its February 6,2003 meeting, the Planning Commission unanimously recommended approval ofthe draft ordinance as presented. ACTION REQUESTED: Offer and pass a motion adopting Ordinance No. 656, an ordinance amending City Code Sec. 11.83 related to woodland management. ~ 4~~..d R. Michael Leek Community Development Director 1 ORDINANCE NO. 656, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 11, ZONING AS IT RELATES TO WOODLAND MANAGEMENT SECTION 11.60 ZONING ORDINANCE AMENDMENTS THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 - That City Code Chapter 11, Zoning, Section 11.60, PERFORMANCE STANDARDS 83, is hereby amended by deleting current Subd.9. Tree and Woodland Preservation and replacing with the following; Subd. 9. Woodland Management Regulations-,- The following standards shall apply to any development for which a preliminary plat, grading plan or building permit, or other similar city approval is required to be applied for, and subsequently issued after the effective date of this Chapter. A. DEFINITIONS I I. Applicant means any person or entity, as defined herein, who undertakes to improve a parcel of land, by platting, grading, installing utilities, or constructing or improving any building thereon. II. Development means any activity undertaken to improve a parcel of land, by platting, grading, installing utilities, or constructing or improving any building thereon. III. 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. IV. Tree means a living specimen of a woody plant species, that is either: a. A deciduous hardwood whose diameter is equal to or greater than 6-inches at DBH; or, b. A coniferous tree whose height is equal to or greater than 12 feet. V. Natural Resources Inventory means information maintained by the City based on a study conducted by the City of Shakopee in 2002 that identifies and classifies the land cover of the City of Shako pee, Jackson Township and Louisville Township in a project area covering 32,551 acres. VI. Minnesota Land Cover Classification System (MLCCS) is a comprehensive classification system that identifies cultural and natural land covers types as well as providing a multitude of other land planning data. VII. Woodland means the land area that can be defined by the contiguous drip line created by a grouping of woody plant species where the grouping contains at least one Tree, a coniferous tree and/or deciduous tree. 2 B. WOODLAND AND TREES . Structures, driveways, and parking facilities shall be located in such a manner that the maximum number of Trees should be preserved. The Applicant shall not remove trees six (6) inches in diameter at DBH without prior approvalJrom the City. Healthy Trees less than six inches at DBH will be evaluated by the City for protection or preservation. . A person seeking permission to remove any Tree shall demonstrate that there are no feasible or prudent alternatives to removing these resources on the site and shall submit an Woodland Management Plan to the City as part of their permit application. . The Woodland Management Plan shall consist of a surveyor scaled drawing showing the topography, boundaries, woodlands, fens, wetlands and individual trees or vegetation with an overlay of improvements including, but not limited to, streets, building pads, driveways, utilities and facilities. The drawing shall clearly illustrate the areas of Trees and Woodlands proposed for removal, and how or where the applicant intends to replace the removed trees. C. WOODLAND AND TREE REPLACEMENT . Reforestation and landscaping should utilize a variety of tree species, and shall not utilize any species presently under disease epidemic without prior_written approval from the City. . Species planted shall be hardy under local conditions and compatible with the local landscape and not less than one and a half (1-112") inches diameter at DBH. . The City's landscaping requirement for trees may count towards replacement. . The measure of replacement (tree replacement) is based on the quality of the woodland or forest as classified on the F orest/W oodlands Quality Map in the 2002 Natural Resources Inventory (NRI). Ifthe applicant's woodland is not in the NRl, the Minnesota Land Cover Classification System will be used to determine the quality of the woodland. D. TREE REPLACEMENT SCHEDULE The applicant shall replace removed trees using the following schedule or other ecological alternatives: High Quality W oodlands/F orests Replace with one tree for every one tree removed Medium Quality Woodlands/Forests Replace with one tree for every two trees removed Low Quality Woodlands/Forests Replace with one tree for every three trees removed E. TREE AND WOODLANDS MITGATION STANDARDS . All development activities, including grading and contouring, should take place in such a manner that the root zone aeration stability of existing Trees shall not be affected and shall provide existing Trees with a watering area equal to a minimum of one-half (112) the crown area. 3 . Installation of snow fencing or polyethylene laminate safety netting shall be placed at the drip line or at the perimeter of the critical root zone, whichever is greater, of Trees and Woodlands to be preserved. No grade change, construction activity, or storage of materials shall occur within the fenced area. . 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 should be identified on site and signage of those areas should be provided in the construction area. . Best Management Practices recognized by the City. . Notwithstanding the above, the removal of diseased Trees, or Trees seriously damaged by storms or other acts of God, shall be permitted. F. PERMITS . No grading or building permits shall be issued until the applicant has installed proper protective fencing around the Trees being preserved or protected and shall be inspected by the City prior to approval. . 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 tree replacement as required under this ordinance. . If the applicant and City staff are unable to reach agreement with respect to the interpretation or enforcement of this Subdivision, the matter will be referred to the Shakopee City Council for resolution. . Site inspections for the Woodland Management Regulations shall occur prior to the issuance of a grading permit. The applicant shall survey and stake all platted property lines, streets, parks, open spaces, building pads and tree protection areas prior to site inspection. Section 2 - - Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in session of the City Council of the City of Shakopee, Minnesota, held the day of ,2003. Mayor of the City of Shakopee ATTEST: City Clerk Published in the Shakopee Valley News on the day of ,2003. 4