HomeMy WebLinkAbout12.E.2. Text Amendment to the City Code Sec. 11.60 Subd. 9 Regarding Tree Management Regulations-Ord. No. 866 General Business 11. E. 2.
SHAKOI'EE
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Jamie Polley, Parks, Recreation & Natural Resources Director
DATE: 03/19/2013
SUBJECT: Text Amendment to the Shakopee City Code Sec. 11.60 Subd. 9 Regarding Tree Management
Regulations, Ord. No. 866 (B)
Action Sought
This agenda item seeks the review and approval of Ordinance No. 866 Fourth Series, An Ordinance Of The City Of
Shakopee, Minnesota, Adopting Revisions To City Code Sec. 11.60, Subd. 9 Regarding Tree Management
Regulations.
Background
The proposed text amendments to the Tree Management Regulations were reviewed by the Environmental Advisory
Committee on February 13, 2013 and recommended to the Planning Commission. On March 7, 2013 the Planning
Commission reviewed the amendments and held a public hearing. One developer was in attendance to comment on
the proposed changes. The Planning Commission has recommended to the City Council the text amendment to
Section 11.60, Subd 9 as presented.
Discussion
The current Tree Management Regulations are triggered by any development on a parcel of land containing a tree
and for which a preliminary plat, minor subdivision, building permit, conditional use permit, variance, fence permit,
or grading permit is required. At this time the act of cutting trees alone does not trigger any of the previously listed
permits and therefore does not put into effect the tree management regulations and no tree replacement would be
required.
In 2012 and 2013 three large developable areas were clear cut by the owners. Two of the three areas contained
large oak trees. The cutting of the trees in these areas did not trigger the need for a permit and therefore did not
trigger the Tree Management Regulations. While the third area was being clear cut the Council adopted Ordinance
No. 864, An Interim Ordinance of the City of Shakopee, Minnesota Establishing a Moratorium Temporarily
Prohibiting Land Alteration activities in the City.
This Moratorium is in effect for 180 days and pertains to any private or public infrastructure and utility installation,
building construction, excavation, grading, clearing, filling or other earth change on any parcel of land, or adjacent
parcels of land in common ownership, greater than one acre in size that will result in the alteration of land of by
more than 1 foot from the natural contour of the ground on any contiguous 450 square feet of ground where
significant trees are present, or any cutting, removal or killing of more than 10% of the significant trees on any such
parcel of land
A Significant Tree is defined as a deciduous tree measuring six (6) caliper inches (DBH) or more in diameter or a
coniferous tree measuring twelve (12) feet or more in height.
On March 7, 2013 the Planning Commission reviewed the proposed text amendments to the Tree Management
Regulations and has recommended the following revisions as recommended to them by the EAC:
1. Overview
a. Wording was revised to trigger the Tree Management Regulations when any Woodland Alteration
activity requiring a Woodland Alteration Permit was required. The previous wording regarding
development activity and permits remains.
b. The Environmental Advisory Committee is recommending the title of Woodland Alteration instead of
Land Alteration as is stated in Ordinance No. 864 to avoid overlap with the grading permit requirements
2. Definitions Section
a. The definition of the Applicant was clarified.
b. Heritage Tree can be a deciduous or a coniferous tree, restriction of deciduous only was removed.
c. The definitions for Woodland Alteration and Woodland Alteration Permit were added.
d. The definition for Tree was clarified to Significant Tree
3. General Exemptions
a. Section was added to list some Woodland Alteration exemptions
4. Woodland Management Plan Requirements Section
a. Corrections pertaining to definition changes were made
5. Tree Preservation Requirements Section
a. This section requires the preservation of high quality Heritage Trees in the City consistent with the
Natural Resource Plan element of the Comprehensive Plan.
b. This requirement is changed to offer incentives for making every effort to save the Heritage Trees.
c. This requirement adds increased replacement requirements for Heritage Trees that must be removed
6. Tree Replacement Requirements Section
a. Corrections pertaining to definition changes were made.
b. A time line for planting the replacement trees was added to this requirement
7. Tree Mitigation Standards Section
a. Corrections pertaining to definition changes were made
8. Unauthorized Tree Removal Section
a. Corrections pertaining to definition changes were made.
b. The location of the measurements of the unauthorized trees was clarified.
c. A minimum penalty was added
9. Financial Security Section
a. A time line for the payment of the financial security requirement for the Replacement Trees was added
to this requirement.
b. A time line for planting the trees was added to this requirement
10. Miscellaneous Section
a. Corrections pertaining to definition changes were made.
b. Language pertaining to lands once used for commercial tree farms was added to this section.
Attachment A is a revised copy showing new language underlined and deleted language struck out. Attachment B
is a clean copy of the amended ordinance.
The proposed revisions have also been reviewed by other City staff and the City attorney.
Alternatives
1. The City Council, if concur, offer Ordinance No. 866 Fourth Series, An Ordinance Of The City Of Shakopee,
Minnesota, Adopting Revisions To City Code Sec. 11.60, Subd. 9 Regarding Tree Management Regulations
as presented and approve the official summary of Ordinance No. 866 for publication.
2. The City Council, if concur, offer Ordinance No. 866 Fourth Series, An Ordinance Of The City Of Shakopee,
Minnesota, Adopting Revisions To City Code Sec. 11.60, Subd. 9 Regarding Tree Management Regulations
with revisions and approve the official summary of Ordinance No. 866 for publication.
3. Table the matter for additional information.
Staff Recommendation
Staff recommends Alternative 1.
Relationship to Vision
B. Positively manage the challenges and opportunities presented by growth development and change.
Requested Action
The City Council, if concur, offer Ordinance No. 866 Fourth Series, An Ordinance Of The City Of Shakopee,
Minnesota, Adopting Revisions To City Code Sec. 11.60, Subd. 9 Regarding Tree Management Regulations as
presented or with revisions and approve the official summary of Ordinance No. 866 for publication.
Attachments: Summary
Marked Ordinance
Clean Ordinance
f) t
ORDINANCE NO. 866, Fourth Series
AN ORDINANCE OF THE CITY OF SHAKOPEE AMENDING SHAKOPEE
CITY CODE SECTION 11.60, SUBDIVISON 9 DEALING WITH TREE
MANAGEMENT
THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS:
Section 1. Section 11.60 Subdivision 9 of the Shakopee City Code is amended to read as
follows:
SEC. 11.60 PERFORMANCE STANDARDS.
Subd. 9. Tree Management Regulations. The following requirements and standards shall apply
to any Woodland Alteration activity requiring a Woodland Alteration Permit, Development on any
parcel of land containing a trcc and for which a preliminary plat, minor subdivision, building permit,
conditional use permit, variance, fence permit, or grading permit is required or to any other land use
or building permit approval required by the City on any parcel of land containing a Significant Tree.
A. Definitions.
Applicant means any person submitting an application to the City for Woodland
Alteration or Development .
Caliper Inch means the measurement of a tree trunk measured at 6 inches above
the root ball or according to the method of caliper measurement of a tree trunk as
stated by the most recent American Standard for Nursery Stock by the American
Nursery & Landscape Association.
Development means any activity for which a preliminary plat, minor subdivision,
building permit, conditional use permit, variance, fence permit or grading permit is
required on land containing a Tree.
Diameter at Breast Height, or DBH, means the length of a straight line through
the trunk of a tree (in inches) measured at fifty -four (54) inches above the ground
from the uphill side of the tree.
Dormant Season means the time between leaf drop in the fall and early spring
before budbreak.
Dripline means an imaginary vertical line that extends from the outermost
branches of a tree's canopy to the ground.
Forestry Specialist means a tree inspector or forester certified by the State of
Minnesota.
Growing Season means the time between budbreak in the spring and leaf drop in
the fall.
Hazard Tree means a tree posing a threat to property or people that has visible
hazardous defects such as dead wood, cracks, weak branch unions, decay,
cankers, root problems, or poor tree architecture as defined by the United States
Department of Agriculture - Forest Service — Northeastern Area's publication How
to Recognize Hazardous Defects in Trees (NA- FR- 01 -96).
Heritage Tree means a tree that has all of the following characteristics:
1. Is a deciduous tree; Is a species not listed as Undesirable in the City's
Forestry Specifications Manual.
2. Has a DBH equal to or greater than twenty -four (24) inches (a lesser size
tree may be considered to be a Heritage Tree if it is a rare species or can
be utilized as a focal point in the project);
3. Has a life expectancy of greater than ten (10) years; and
4. Has structural integrity and shows no visible defects that would cause it to
be classified as a Hazard Tree;
Natural Resources Corridor Map means the City's most recently adopted Natural
Resources Corridor map. This map is incorporated into the City's Comprehensive
Plan through the Natural Resource Plan component.
Natural Resource Corridor Priority Ranking means the areas identified as
Good, Better, Best, or Buffer on the Natural Resources Corridor Map.
Replacement Tree means a two (2) Caliper Inch balled and burlapped Tree
planted consistent with Section 7.05 and 7.18 of the City Code.
Residential Building Permit means any building permit or fence permit required
by Section 4.03 of the City Code for property used as a single family dwelling unit.
Examples include, but are not limited to, sheds, decks, porches, garages,
swimming pools, fences or building additions.
Significant Tree means a living specimen of a woody plant species that is either a
deciduous tree whose diameter is six (6) inches or greater at DBH, or a coniferous
tree whose height is twelve (12) feet or greater.
Tree Management Plan is the tree inventory, removal, preservation, and
replacement plan for a site where an Applicant proposes to remove a Tree.
Tree Protection Fencing means orange snow fencing or polyethylene laminate
safety netting placed at the Dripline of Trees to be preserved.
Woodland Alteration — Any private or public infrastructure and utility installation,
building construction, excavation, grading, clearing, filling or other earth change on
any parcel of land, or adjacent parcels of land in common ownership greater than
two and one half (2.5) acres in size where any cutting, removal or killing of more
than 10% of the significant trees on any such parcel of land will occur.
Woodland Alteration Permit — A permit to allow Woodland Alteration.
B. Tree Management Plan Requirements.
1. Any Applicant who desires to remove any Significant Tree on any parcel of
land or on adjacent parcels of land in common ownership greater than two
and one half (2.5) acres in size must submit a Tree Management Plan to
the City and must demonstrate that there are no feasible or prudent
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alternatives to removing any Significant Tree.
2. The Tree Management Plan for a Development requiring a preliminary
variance or grading 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 Significant Trees on
the property and the Natural Resource Corridor Priority Ranking
for each Significant Tree. Each Significant Tree shall be labeled
with a unique identification number.
b) Tree Removal /Preservation Sheet
A scaled drawing depicting the locations of the Significant Trees to
be preserved and Significant Tree Protection Fencing. Significant
Trees intended for removal shall be clearly distinguishable from
those intended for preservation. Proposed lot lines, building pads,
driveways, streets, easements, and any areas in which Significant
Tree removal is expected shall be shown.
c) Tree Inventory Legend Sheet
A page providing a matrix or table listing the unique identification
number for the Significant Tree(s), the species or common name
of the Significant Tree(s), the size in Caliper Inches at DBH, and
an indicator as to whether the Significant Tree is intended for
removal or preservation.
d) Tree Replacement Sheet
A scaled drawing depicting the Replacement Tree locations with a
legend identifying each Replacement Tree's species and size and
the quantity of Replacement Trees to be planted.
3. Applicants for a Residential Building Permit must complete the City's "Tree
Management Evaluation and Compliance Form" as their Tree
Management Plan. The City must also be provided with a certificate of
survey that contains the following information:
a) The location of all existing Significant Trees on the property;
b) The location of all Significant Trees to be removed;
c) The location of all Significant Trees to be preserved; and
d) The location and species of all Replacement Trees.
4. No woodland alteration, grading or building permits shall be issued by the
City until the applicant has installed any required Tree Protection Fencing
and the Tree Protection Fencing has been inspected and approved by the
City.
5. Any changes to the Tree Management Plan shall be submitted in writing to
the City by the Applicant for approval. If the change includes any
additional Significant Tree removal, an additional inspection and approval
by the City of the Tree Protection Fencing will be required.
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6. All information contained in the Tree Management Plan must not be more
than one (1) year old at the time of submittal.
7. Significant Trees required to be removed pursuant to Section 10.70 of the
City Code shall be identified as removed on the Tree Management Plan
and must be removed. Significant Trees removed consistent with Section
10.70 of the City Code are exempt from the Replacement Tree
Requirements of this Section.
C. Tree Preservation Requirements.
1. The Applicant must make every effort possible to preserve aAll Heritage
Trees must be preserved Heritage Trees evaluated and concluded to be
a Hazard Tree e - - . _e - - - e— - e-.• • e • - project by a Forestry
Specialist are exempt from this requirement.
2. The Applicant must preserve all of the Significant Trees identified as
Significant Ttrees to be preserved on the Tree Management Plan.
3. For every Heritage Tree saved the applicant will receive credit for two (2)
Replacement Trees.
4. For every Heritage Tree removed, three (3) Replacement Trees are
required of the same species as the removed Heritage Tree, or a tree that
has the same potential value as the removed Heritage Tree.
D. Replacement Tree Requirements.
1. The amount of Replacement Trees required will be based on the removed
Significant Tree's Natural Resource Corridor Priority Ranking. The
Applicant shall replace removed Significant Ttrees according to the
following schedule:
Significant Tree's Natural Resources Replacement Significant Tree
Corridor Priority Ranking: Ratio:
Best 1:1 (Remove:Replace)
Better 2:1 (Remove:Replace)
Good 3:1 (Remove:Replace)
Buffer 4:1 (Remove:Replace)
2. 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 any one
species of trees.
4. The species of Replacement Trees must be hardy under local conditions,
must be compatible with the local landscape, must be appropriate for the
soil conditions on the property, and must not be less than two (2) Caliper
Inches.
5. Any Significant Trees required by the landscaping requirements set forth in
Section 11.60 of the City Code for trees will count towards the Tree
Replacement Requirements of this Section.
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6. If a Significant Tree cannot be located on the Natural Resource Corridor
Map, the Significant Tree's Corridor Priority Ranking shall be classified as
"good" for purposes of determining the replacement ratio.
7. Replacement Tree quantities shall be rounded up to the nearest whole
number.
8. The City may accept other vegetative or environmental alternatives
proposed by an Applicant if those alternatives are monetarily or
ecologically equivalent to the value of the Replacement Trees required by
this Section.
9. All Replacement Trees shall be planted during the ideal planting season
for the particular species. The ideal planting season for most tree species
is during the Dormant Season. Any Replacement Tree planting not
completed during the Dormant Seasons must be completed with caution
during the summer months in warm and dry conditions.
10. Replacement Trees shall be planted not more than 18 months from the
date of the final approved Tree Replacement Sheet as part of the Tree
Management Plan. Extensions may be requested in writing to the City.
E. Tree Mitigation Standards.
1. All Development activities must take place in such a manner that no more
than one -half (1/2) of the area within the Dripline of any Tree to be
preserved is impacted.
2. No grade change, construction activity, or storage of materials shall occur
within the Tree Protection Fencing.
3. Structures, driveways, and parking facilities shall be located in such a
manner that the maximum number of Significant Trees should be
preserved.
4. To control the overland spread of Oak Wilt, the pruning of Oak trees or
collateral damage to Oak trees from adjacent tree removal shall be
avoided from April 1st thru July 31 which is the most susceptible period of
infection.
F. Unauthorized Significant Tree Removal.
1. Any person, firm, or corporation who removes or causes the loss of
Significant Trees identified to be preserved on an approved Tree
Management Plan shall be required to complete one of the following as
determined by the City:
a) Installation of Replacement Trees according to the DBH of the
Significant Tree removed; or
i) The Replacement Tree ratio shall be two (2) Caliper
Inches for every one (1) DBH inch of Significant Tree
removed;
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ii) All Replacement Trees required by this Section shall be
planted within the same development.
b) Payment to the City of $500.00 for every one (1) DBH inch of
Significant Trees removed that were unauthorized. Measurement
of each tree will be DBH or diameter of the stump, whichever is
readily available. This amount may be taken by the City from the
financial security posted, if any, by the Applicant for Tree
Replacement, A minimum of $9,000 payment will be required if
measurements are unavailable.
G. Financial Security.
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 period and the removal of any diseased trees,
the Applicant shall provide the City with a cash deposit, a letter of credit or
escrow, in favor of the City, in an amount of one hundred and fifty (150)
percent of the Tree Replacement Requirement estimate.
2. All Replacement Trees planted must be warranted through two complete
Growing Seasons. If a Replacement Tree dies during the warranty period,
it must be replaced with a tTree of the same size and species. Prior to the
expiration of the warranty period, a Forestry Specialist shall inspect the
Replacement Trees. As Replacement Trees are declared healthy by the
Forestry Specialist upon inspection, the Applicant may request reductions
to the financial security amount provided that adequate funds remain equal
to one hundred and fifty (150) percent of the cost to complete the
remaining work.
3. Any trees required to be removed per Section 10.70 of the City Code from
a site shall be removed and disposed of according to Section 10.70 of the
City Code prior to release of the financial security.
4. Residential Building Permit Applicants and the City shall be exempt from
the financial security requirement of this Section.
5. The financial security required for the Replacement Trees is due prior to
the issuance of the Permit applied for or the release of the development
plat for recording.
H. Miscellaneous.
1. The removal of diseased Significant Trees per Section 10.70 of the City
Code or Hazard Trees is required. No Replacement Trees shall be
required for the removal of these trees.
2. Projects involving a Residential Building Permit that requires the removal
of two (2) or fewer Significant non H e 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 Section Subdivision, the Applicant
may appeal that decision by following the procedure established in Section
11.90, APPEALS, of this Code.
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4. Land previously planted for commercial tree farm purposes shall be
subject to tree replacement requirements as determined appropriate by the
City with the maximum requirement being the current tree replacement
requirements of Paragraph D.1 of this Subdivision.
I. Exemptions. The following Woodland Alterations are exempt from the requirements for
a Woodland Alteration Permit:
1. Any private or public infrastructure and utility installation, building
construction, excavation, grading, clearing, filling or other earth change on
any parcel of land, or adjacent parcels of land in common ownership, less
than one two and one half (2.5) acres in size.
2. Cutting, removing or killing a total over five (5) years of less than 10% of
the Significant Trees on any parcel of land.
3. Home gardens or an individual's home landscaping, repairs and
maintenance work.
4. Existing agricultural, horticultural or silvicultural operations.
5. Emergency work to prevent or alleviate immediate damages to life, limb,
property or natural resources. In such event, if a Woodland Alteration
Permit had been required but for emergency, the obligations of this
Subdivision shall apply and shall be performed at the earliest reasonable
time thereafter.
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Official Summary of Ordinance No. 866
The following is the official summary of Ordinance No. 866 Fourth Series,
Approved by the City Council of the City of Shakopee, Minnesota on March 19, 2013
ORDINANCE NO. 866 FOURTH SERIES
AN ORDINANCE OF THE CITY OF SHAKOPEE AMENDING SHAKOPEE
CITY CODE SECTION 11.60, SUBDIVISON 9 DEALING WITH TREE MANAGEMENT
1. The City Code was revised to trigger the Tree Management Regulations when any
Woodland Alteration activity requiring a Woodland Alteration Permit was required.
2. The definition of the Applicant was clarified. Heritage Tree can be a deciduous or a
coniferous tree, restriction of deciduous only was removed. The definitions for Woodland
Alteration and Woodland Alteration Permit were added.
3. Corrections pertaining to definition changes were made.
4. The Ordinance requires the preservation of high quality Heritage Trees in the City
consistent with the Natural Resource Plan element of the Comprehensive Plan.
5. A timeline for planting the replacement trees was added.
6. The location of the measurements of the unauthorized trees was clarified and a minimum
penalty was added.
7. A timeline for the payment of the financial security requirement and a timeline for
planting the trees for the Replacement Trees were added.
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.
# #achmen /- b
SEC. 11.60 PERFORMANCE STANDARDS.
Subd. 9. Tree Management Regulations. The following requirements and standards shall apply
to any Woodland Alteration activity requiring a Woodland Alteration Permit, Development for which
a preliminary plat, minor subdivision, building permit, conditional use permit, variance, fence permit,
or grading permit is required or to any other land use or building permit approval required by the
City on any parcel of land containing a Significant Tree.
A. Definitions.
Applicant means any person submitting an application to the City for Woodland
Alteration or Development.
Caliper Inch means the measurement of a tree trunk measured at 6 inches above
the root ball or according to the method of caliper measurement of a tree trunk as
stated by the most recent American Standard for Nursery Stock by the American
Nursery & Landscape Association.
Development means any activity for which a preliminary plat, minor subdivision,
building permit, conditional use permit, variance, fence permit or grading permit is
required on and containing a Tree.
Diameter at Breast Height, or DBH, means the length of a straight line through
the trunk of a tree (in inches) measured at fifty -four (54) inches above the ground
from the uphill side of the tree.
Dormant Season means the time between leaf drop in the fall and early spring
before budbreak.
Dripline means an imaginary vertical line that extends from the outermost
branches of a tree's canopy to the ground.
Forestry Specialist means a tree inspector or forester certified by the State of
Minnesota.
Growing Season means the time between budbreak in the spring and leaf drop in
the fall.
Hazard Tree means a tree posing a threat to property or people that has visible
hazardous defects such as dead wood, cracks, weak branch unions, decay,
cankers, root problems, or poor tree architecture as defined by the United States
Department of Agriculture - Forest Service — Northeastern Area's publication How
to Recognize Hazardous Defects in Trees (NA FR 01 - 96).
Heritage Tree means a tree that has all of the following characteristics:
1. Is a species not listed as Undesirable in the City's Forestry Specifications
Manual.
2. Has a DBH equal to or greater than twenty -four (24) inches (a lesser size
tree may be considered to be a Heritage Tree if it is a rare species or can
be utilized as a focal point in the project);
3. Has a life expectancy of greater than ten (10) years; and
4. Has structural integrity and shows no visible defects that would cause it to
be classified as a Hazard Tree;
Natural Resources Corridor Map means the City's most recently adopted Natural
Resources Corridor map. This map is incorporated into the City's Comprehensive
Plan through the Natural Resource Plan component.
Natural Resource Corridor Priority Ranking means the areas identified as
Good, Better, Best, or Buffer on the Natural Resources Corridor Map.
Replacement Tree means a two (2) Caliper Inch balled and burlapped Tree
planted consistent with Section 7.05 and 7.18 of the City Code.
Residential Building Permit means any building permit or fence permit required
by Section 4.03 of the City Code for property used as a single family dwelling unit.
Examples include, but are not limited to, sheds, decks, porches, garages,
swimming pools, fences or building additions.
Significant Tree means a living specimen of a woody plant species that is either a
deciduous tree whose diameter is six (6) inches or greater at DBH, or a coniferous
tree whose height is twelve (12) feet or greater.
Tree Management Plan is the tree inventory, removal, preservation, and
replacement plan for a site where an Applicant proposes to remove a Tree.
Tree Protection Fencing means orange snow fencing or polyethylene laminate
safety netting placed at the Dripline of Trees to be preserved.
Woodland Alteration — Any private or public infrastructure and utility installation,
building construction, excavation, grading, clearing, filling or other earth change on
any parcel of land, or adjacent parcels of land in common ownership greater than
two and one half (2.5) acres in size where any cutting, removal or killing of more
than 10% of the significant trees on any such parcel of land will occur.
Woodland Alteration Permit — A permit to allow Woodland Alteration.
B. Tree Management Plan Requirements.
1. Any Applicant who desires to remove any Significant Tree on any parcel of
land or on adjacent parcels of land in common ownership greater than two
and one half (2.5) acres in size must submit a Tree Management Plan to
the City and must demonstrate that there are no feasible or prudent
alternatives to removing any Significant Tree.
2. The Tree Management Plan must be completed by a Forestry Specialist
and consist of the following information:
a) Tree Inventory Sheet
A survey depicting the location of all existing Significant Trees on
the property and the Natural Resource Corridor Priority Ranking
for each Significant Tree. Each Significant Tree shall be labeled
with a unique identification number.
b) Tree Removal /Preservation Sheet
A scaled drawing depicting the locations of the Significant Trees to
2
be preserved and Significant Tree Protection Fencing. Significant
Trees intended for removal shall be clearly distinguishable from
those intended for preservation. Proposed lot lines, building pads,
driveways, streets, easements, and any areas in which Significant
Tree removal is expected shall be shown.
c) Tree Inventory Legend Sheet
A page providing a matrix or table listing the unique identification
number for the Significant Tree(s), the species or common name
of the Significant Tree(s), the size in Caliper Inches at DBH, and
an indicator as to whether the Significant Tree is intended for
removal or preservation.
d) Tree Replacement Sheet
A scaled drawing depicting the Replacement Tree locations with a
legend identifying each Replacement Tree's species and size and
the quantity of Replacement Trees to be planted.
3. Applicants for a Residential Building Permit must complete the City's "Tree
Management Evaluation and Compliance Form" as their Tree
Management Plan. The City must also be provided with a certificate of
survey that contains the following information:
a) The location of all existing Significant Trees on the property;
b) The location of all Significant Trees to be removed;
c) The location of all Significant Trees to be preserved; and
d) The location and species of all Replacement Trees.
4. No woodland alteration, grading or building permits shall be issued by the
City until the applicant has installed any required Tree Protection Fencing
and the Tree Protection Fencing has been inspected and approved by the
City.
5. Any changes to the Tree Management Plan shall be submitted in writing to
the City by the Applicant for approval. If the change includes any
additional Significant Tree removal, an additional inspection and approval
by the City of the Tree Protection Fencing will be required.
6. All information contained in the Tree Management Plan must not be more
than one (1) year old at the time of submittal.
7. Significant Trees required to be removed pursuant to Section 10.70 of the
City Code shall be identified as removed on the Tree Management Plan
and must be removed. Significant Trees removed consistent with Section
10.70 of the City Code are exempt from the Replacement Tree
Requirements of this Section.
C. Tree Preservation Requirements.
1. The Applicant must make every effort possible to preserve all Heritage
Trees. Heritage Trees evaluated and concluded to be a Hazard Tree
project by a Forestry Specialist are exempt from this requirement.
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2. The Applicant must preserve all of the Significant Trees identified as
Significant Trees to be preserved on the Tree Management Plan.
3. For every Heritage Tree saved the applicant will receive credit for two (2)
Replacement Trees.
4. For every Heritage Tree removed, three (3) Replacement Trees are
required of the same species as the removed Heritage Tree, or a tree that
has the same potential value as the removed Heritage Tree.
D. Replacement Tree Requirements.
1. The amount of Replacement Trees required will be based on the removed
Significant Tree's Natural Resource Corridor Priority Ranking. The Applicant
shall replace removed Significant Trees according to the following schedule:
2.
Significant Tree's Natural Resources Replacement Significant Tree
Corridor Priority Ranking: Ratio:
Best 1:1 (Remove:Replace)
Better 2:1 (Remove:Replace)
Good 3:1 (Remove:Replace)
Buffer 4:1 (Remove:Replace)
2. 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 any one
species of trees.
4. The species of Replacement Trees must be hardy under local conditions,
must be compatible with the local landscape, must be appropriate for the
soil conditions on the property, and must not be less than two (2) Caliper
Inches.
5. Any Significant Trees required by the landscaping requirements set forth in
Section 11.60 of the City Code for trees will count towards the Tree
Replacement Requirements of this Section.
6. If a Significant Tree cannot be located on the Natural Resource Corridor
Map, the Significant Tree's Corridor Priority Ranking shall be classified as
"good" for purposes of determining the replacement ratio.
7. Replacement Tree quantities shall be rounded up to the nearest whole
number.
8. The City may accept other vegetative or environmental alternatives
proposed by an Applicant if those alternatives are monetarily or
ecologically equivalent to the value of the Replacement Trees required by
this Section.
9. All Replacement Trees shall be planted during the ideal planting season
for the particular species. The ideal planting season for most tree species
is during the Dormant Season. Any Replacement Tree planting not
completed during the Dormant Seasons must be completed with caution
during the summer months in warm and dry conditions.
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10. Replacement Trees shall be planted not more than 18 months from the
date of the final approved Tree Replacement Sheet as part of the Tree
Management Plan. Extensions may be requested in writing to the City.
E. Tree Mitigation Standards.
1. All Development activities must take place in such a manner that no more
than one -half (1/2) of the area within the Dripline of any Tree to be
preserved is impacted.
2. No grade change, construction activity, or storage of materials shall occur
within the Tree Protection Fencing.
3. Structures, driveways, and parking facilities shall be located in such a
manner that the maximum number of Significant Trees should be
preserved.
4. To control the overland spread of Oak Wilt, the pruning of Oak trees or
collateral damage to Oak trees from adjacent tree removal shall be
avoided from April 1st thru July 31 which is the most susceptible period of
infection.
F. Unauthorized Significant Tree Removal.
1. Any person, firm, or corporation who removes or causes the loss of
Significant Trees identified to be preserved on an approved Tree
Management Plan shall be required to complete one of the following as
determined by the City:
a) Installation of Replacement Trees according to the DBH of the
Significant Tree removed; or
i) The Replacement Tree ratio shall be two (2) Caliper
Inches for every one (1) DBH inch of Significant Tree
removed;
ii) All Replacement Trees required by this Section shall be
planted within the same development.
b) Payment to the City of $500.00 for every one (1) inch of Significant
Trees removed that were unauthorized. Measurement of each
tree will be DBH or diameter of the stump, whichever is readily
available. This amount may be taken by the City from the financial
security posted, if any, by the Applicant for Tree Replacement. A
minimum of $9,000 payment will be required if measurements are
unavailable.
G. Financial Security.
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 period and the removal of any diseased trees,
the Applicant shall provide the City with a cash deposit, a letter of credit or
escrow, in favor of the City, in an amount of one hundred and fifty (150)
percent of the Tree Replacement Requirement estimate.
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2. All Replacement Trees planted must be warranted through two complete
Growing Seasons. If a Replacement Tree dies during the warranty period,
it must be replaced with a Tree of the same size and species. Prior to the
expiration of the warranty period, a Forestry Specialist shall inspect the
Replacement Trees. As Replacement Trees are declared healthy by the
Forestry Specialist upon inspection, the Applicant may request reductions
to the financial security amount provided that adequate funds remain equal
to one hundred and fifty (150) percent of the cost to complete the
remaining work.
3. Any trees required to be removed per Section 10.70 of the City Code from
a site shall be removed and disposed of according to Section 10.70 of the
City Code prior to release of the financial security.
4. Residential Building Permit Applicants and the City shall be exempt from
the financial security requirement of this Section.
5. The financial security required for the Replacement Trees is due prior to
the issuance of the Permit applied for or the release of the development
plat for recording.
H. Miscellaneous.
1. The removal of diseased Significant Trees per Section 10.70 of the City
Code or Hazard Trees is required. No Replacement Trees shall be
required for the removal of these trees.
2. Projects involving a Residential Building Permit that requires the removal
of two (2) or fewer Significant Trees are exempt from the requirements of
this Section.
3. If the Applicant disagrees with the City staff decision with respect to the
interpretation or enforcement of this Subdivision, the Applicant may appeal
that decision by following the procedure established in Section 11.90,
APPEALS, of this Code.
4. Land previously planted for commercial tree farm purposes shall be
subject to tree replacement requirements as determined appropriate by the
City with the maximum requirement being the current tree replacement
requirements of Paragraph D.1 of this Subdivision.
I. Exemptions. The following Woodland Alterations are exempt from the requirements for
a Woodland Alteration Permit:
1. Any private or public infrastructure and utility installation, building
construction, excavation, grading, clearing, filling or other earth change on
any parcel of land, or adjacent parcels of land in common ownership, less
than two and one half (2.5) acres in size.
2. Cutting, removing or killing a total over five (5) years of less than 10% of
the Significant Trees on any parcel of land.
3. Home gardens or an individual's home landscaping, repairs and
maintenance work.
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4. Existing agricultural, horticultural or silvicultural operations.
5. Emergency work to prevent or alleviate immediate damages to life, limb,
property or natural resources. In such event, if a Woodland Alteration
Permit had been required but for emergency, the obligations of this
Subdivision shall apply and shall be performed at the earliest reasonable
time thereafter.
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