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HomeMy Public PortalAbout719 - Tree Preservation OrdinanceOrdinance No. 719 1 November 8, 2023 CITY OF MEDINA ORDINANCE NO. 719 AN ORDINANCE AMENDING CHAPTER 8 OF THE CITY CODE PERTAINING TO TREE PRESERVATION AND REPLACEMENT The City Council of the City of Medina ordains as follows: SECTION I. Section 828.41 of the code of ordinances of the City of Medina is amended by adding the underlined language and deleting the struck through language as follows: Section 828.41. Tree Preservation and Replacement. Subd. 1. Purpose. The purpose of this ordinance is to promote, within the city, development that retains Medina’s rural character, in which the natural environment is the dominant feature. Trees and landscaping are a major component of the natural environment, and the city recognizes that preservation and replanting of trees is important in order to maintain a healthy and desirable community. The city further recognizes that a certain amount of tree loss is an inevitable consequence of the development process, but that the reforestation of this valuable renewable resource will ultimately provide a long- term environmental and economic benefit. In light of such purposes and the various functions outlined in subdivision 2, the requirements provided in this section bear an essential nexus and rough proportionality to the negative impacts of Significant Tree removal, and the city has a legitimate interest in addressing such impacts through the mechanisms described herein. This ordinance is adopted pursuant to the authority provided to the city under state law, including, but not necessarily limited to, Minnesota Statutes, sections 412.221, subd. 8 and 462.358. Subd. 2. Function. The function of this ordinance includes but is not limited to: (a) improving air quality; (b) reducing noise pollution; (c) improving water quality; (d) preventing of soil erosion; (e) conserving energy by providing natural insulation and shading; (f) reducing the urban heat island effect; (g) increasing property values by establishing tree buffers that provide privacy protection between conflicting land uses; (h) providing habitat for wildlife, including birds that help control insects; (i) enhancing the city’s physical and aesthetic environment; and (j) enhancing the quality of life and the general welfare of residents. Subd. 3. Definitions. The following words and terms, wherever they occur in this ordinance, are defined as follows: (a) “Best Management Practices” (“BMP”) are the Erosion and sediment control Ordinance No. 719 2 November 8, 2023 practices as well as conservation or Low Impact Development principles related to Tree preservation and removal, thatwhich are the most effective and practicable for controlling, preventing and minimizing negative impacts on existing Trees, minimizing soil exposure and protecting tracts of Woodland and Old Growth Forest Remnants. (b) “Crown Cover” is the protective canopy created by the overlapping leafy heads of Trees that shelters the habitat beneath it. (c) “Development Site” is the surveyed parcel, or site, including those improvements that occur on-site or adjacent to the Development Site or spoil site locations. A Development Site includes both the Primary and Secondary Construction Zones. (d) “Diameter” is the width of a Tree’s trunk, measured at four (4) feet above the ground. (e) “Dripline” is the farthest distance away from the trunk of a Tree that rain, or dew, will fall directly to the ground from the leaves or branches of the Tree to the roots. (f) “Forestry Specialist” is a person certified in urban forestry functions and management, who has been retained by the city, or an applicant. (g) “Initial Site Development” is the grading and construction of streets, trails, and sidewalks; the installation of utilities, including water, sanitary sewer, storm sewer, natural gas, electric, and cable television; or the grading and construction of drainage ways and storm detention areas. (h) “Lost Trees” are Significant Trees in areas to be preserved but that die as a result of construction or Development Site improvement activities and must be replaced at the same ratio as Significant Trees. Such Trees shall be considered Lost Trees when they die as a result of: (i) grade change or land alteration, whether temporary or permanent, of greater than one (1) foot, measured vertically and affecting forty (40) percent, or more, of the Tree’s root zone (the area under a Tree that is at and within the Dripline of the Tree); (ii) secondary construction activities that result cutting forty (40) percent, or more, of the Tree’s root zone (the area under a Tree that is at and within the Dripline of the Tree); (iii) mechanical injury to the trunk of a Significant Tree, causing the loss of thirty (30) percent, or more, of the bark at a specific part of the Tree; or (iv) compaction to ninety (90) percent of a depth of six (6) inches, or more, of forty (40) percent, or more, of the Tree’s root zone (the area under a Tree that is at and within the Dripline of the Tree). (i) “Low Impact Development” or “LID” means multi-functional site design, Ordinance No. 719 3 November 8, 2023 streetscapes and architecture that maintains and restores vital terrestrial ecological processes necessary to protect the ecological integrity of the land. (j) “Natural Resources Inventory” is a document developed by the city that denotes where regionally significant natural resources are located within the city. (k) “Principal Structure” means any building or structure on the property in which the main use of the property takes place. (l) “Private Road” means a privately owned (or controlled) and maintained drive, street, road, lane, or any improved or unimproved surface, not dedicated to a governmental entity as a public road, which provides the primary means of vehicular ingress and egress from a public road to two or more dwelling units, lots, parcels or principal buildings, whether created by a private right-of way, easement, or other device. (m) “Old Growth Forest Remnant” is a natural forest remnant that is one acre or greater, that has developed over a long period of time, generally around 100 years, with young, middle-aged and old Trees present. It is dominated by shade tolerant species, such as sugar maple and basswood. All Old Growth Forest Remnants are identified in the city’s current Natural Resource Inventory or in the current Natural Areas and Community ID Numbers map which are available at city hall. (n) “Replacement Trees” are Trees that replace removed Significant Trees. (o) “Significant Tree” is a healthy, deciduous Tree, measuring eight (8) inches in Diameter or greater, or a healthy coniferous Tree, measuring four (4) inches or greater in Diameter. (p) “Subdivision” means the separation of an area, parcel, or tract of land under single ownership into two or more parcels, tracts, lots, or long-term leasehold interests where the creation of the leasehold interest necessitates the creation of streets, roads, or alleys, for residential, commercial, industrial, or other use or any combination thereof, except those separations: (1) where all the resulting parcels, tracts, lots, or interests will be 20 acres or larger in size and 500 feet in width for residential uses and five acres or larger in size for commercial and industrial uses; (2) creating cemetery lots; (3) resulting from court orders, or the adjustment of a lot line by the relocation of a common boundary. (q) “Tree” is a woody plant, which at maturity, is thirteen (13) feet or greater in height and that has a more or less defined crown. (r) “Tree Preservation and Replacement Plan” is a certified survey, which shows the location and species of all Trees to be preserved, removed, or disturbed, and the location of and type of Replacement Trees within the site, meeting the requirements of SubdivisionSubdivision 9(c) of this Section 828.41. (s) “WCA” means the “Wetland Conservation Act,” Minnesota Statutes Sections Ordinance No. 719 4 November 8, 2023 103G.222-.2373. (t) “Woodland” is a group of Significant Trees and understory plants that are one (1) acre or greater in size and non-species specific, with a Crown Cover of fifty (50) percent or greater. Old Growth Forest Remnants are a species-specific type of Woodland. Subd. 4. Applicability. This ordinance shall apply to any of the following circumstances: (a) removal of more than two (2) Significant Trees on any property, developed or undeveloped, within a given calendar year, except as exempted by subdivision 5 of this section. (b) any formal land use application to the city that is to be zoned residential, including, but not limited to, Subdivisions, minor Subdivisions, site plans, rezoning and conditional use permits; (c) site improvements requiring a building, grading, driveway, sign or WCA permit; or (d) redevelopment of a legal non-conforming Principal Structure. Subd. 5. Exemptions. The following activities are exempt from the requirements of this ordinance: (a) removal of invasive species of Trees (as defined by the Minnesota Department of Nature Natural Resources as invasive (including, but not limited to, Buckthorn, non-native honeysuckles, Siberian elm, and winged burning bush), and the control of pioneering Tree species such as box elder when needed to manage other ecosystems and where the removal will not cause erosion or damage to riparian areas; (b) removal of Trees that were planted as part of a horticultural tree farm or commercially-zoned properties which follow the zoning-specific requirements nursery; (c) removal of a Tree that has been infested by Dutch Elm Disease or Emerald Ash Borer, or has been determined by a Forestry Specialist to be diseased; (d) removal of Trees in connection with an emergency that poses an immediate danger to life or property; (e) removal of Trees that are located in areas in the Three Rivers Park District-managed Morris T. Baker Park and the Department of Natural Resources-managed Wolsfeld Woods Scientific and Natural Areas; Ordinance No. 719 5 November 8, 2023 (f) removal of Trees that are dead or significantly damaged by storms or natural disasters; or (g) removal of Trees within an existing Conservation Easement which is consistent with an existing private management plan. (h) Removal of Trees by a public agency upon public land, right-of-way, or easement for the installation of public improvements. (g)(i) Removal of Trees related to improvements to existing public roadways adjacent to a Development Site or extension of utilities to a Development Site which are required by the City as a condition of land use application approval. Subd. 6. Allowed Tree Removal. (a) The following amount of Significant Trees may be removed from a site and replacement shall not be required. Initial Site Development Activities other than Initial Site Development Total property area included in the land use application or served by improvements Allowed percent of Significant Trees that may be removed Lot Size Allowed percent of Significant Trees that may be removed 0.1-1.0 acre 15% 0.1-1.0 acre 20% 1.1-5.0 acres 15% 1.1-5.0 acres 15% 5.1-10.0 acres 10% 5.1-10.0 acres 15% 10.1-20.0 acres 10% 10.1-20.0 acres 10% 20+ acres 10% 20+ acres 5% (b) For activities that include the Subdivision of property or dedication of public or private right-of-way, the allowed number of Significant Trees that may be removed for Initial Site Development shall be based on the lot size prior to Subdivision. After the property is subdivided, the allowed number of Significant Trees that may be removed shall be based on the individual lot sizes within the Subdivision. Subd. 7. Waiver. Notwithstanding the City's tree preservation and protection goals, there may be instances in which development consistent with the Comprehensive Plan and desirable to the City may not be practicable without removing more than the Allowed Tree Removal amounts described in Subd. 6. Accordingly, A waiver,a reduction of the number of Trees required to be replaced, may be granted by the city council, in its full and absolute discretion, on a case-by-case basis for circumstances where the applicant Ordinance No. 719 6 November 8, 2023 has exhausted all reasonable design options for the Development Site. An applicant shall be eligible for a waiver only if he or shethey implements all Best Management Practices listed in Subdivision 8 of this ordinance. Waivers associated with a land use application shall be considered by the city council at time of the review of the application and shall not be considered after this review is approved. Subd. 8. Standards Governing Tree Preservation, Protection and Planting. The following Best Management Practices shall be used for those Development Sites that utilize conservation easements that protect Old Growth Forest Remnants or Development Sites that are requesting waivers from certain requirements of this section: (a) Realignment of proposed streets and utilities in order to avoid Tree removal; (b) Reduction of required street width and increase of street grade up to an eight (8) percent slope by the city when the applicant can demonstrate that these changes result in Tree preservation; (c) The use of Private Roads in lieu of public streets; (d) Variation in street radius and speed design; (e) Modified grading plans; (f) Flexible lot lines; (g) Alternative utility configurations, such as the use of ejector pumps, force mains, or revised home elevations to minimize grading; (h) The use of flexible development standards, such as clustering of homes or otherwise reducing the footprint of development, in order to preserve Old Growth Forest Remnants, Significant Trees and open space; (i) The preservation of unique and rare Tree species or communities identified in the Natural Resource Inventory; and (j) The use of Low Impact Development principles. Subd. 9. Tree Preservation and Replacement Requirements. For all activities that are subject to this section, a Tree Preservation Plan must be submitted by the applicant for review and approval by the city. To the extend extent possible, Significant Trees and Trees located within Old Growth Forest Remnants, Woodlands and natural habitat areas shall be preserved. The Tree Preservation Plan shall include the following information: (a) Tree Inventory. The Tree inventory shall identify Significant Trees on the property. It shall include: Ordinance No. 719 7 November 8, 2023 (i) The location of and a list of all Significant Trees by species. In cases involving large stands of Trees, an applicant may, with city staff review and consent, show the area on the site plan and use a representative sample in order to calculate the number and species of Significant Trees. The list shall be provided in table and electronic spreadsheet format and shall quantify Significant Trees by the following categories: A. Disease/Insect Susceptible Trees (Ash and Elm). B. Pioneer Trees (Aspen, Box Elder, Cottonwood, Poplar, and Willow). C. Coniferous Trees. D. Hardwood Trees (Basswood, Birch, Catalpa, Cherry, Hackberry, Hickory, Ironwood, Locust, Maple, Oak, and Walnut). (ii) Significant Trees that are proposed to be removed. They shall be marked with an “X” on the site plan. The Diameter of each removed Significant Tree, in inches, shall also be noted. (iii) Identification of areas within Old Growth Remnant Forests, as defined by the Natural Resources Inventory. If an applicant wishes to adjust the area based on fieldwork, city staff must review and approve of any adjustment. (iv) A list of any ecologically unique and/or significant areas on the Development Site that are identified in the Natural Resources Inventory report. (b) Identification of the locations of any protective fencing and any other measures that will be taken to preserve the Trees. Protective fencing must be placed at least one foot beyond the Dripline of all Trees to be preserved. Any Trees lost as a result of construction activity will be counted when determining the amount of Trees that were removed, which may cause additional Replacement Trees to be required. (c) Tree Replacement Plan. If the proposed removal of Significant Trees exceeds that allowed by subdivision 6 of this section, Tree Replacement will be required and a Tree Replacement Plan will need to be submitted to the city for review and approval by the city council. The Tree Replacement Plan shall be certified by a Forestry Specialist. It shall contain the following information for each Replacement Tree. (i) (i) Number and Size of Trees to be Replaced. For Significant Trees located within an Old Growth Forest Remnant or other significant area identified by the Natural Resources Inventory, a Tree Replacement ratio of a Diameter of two (2) caliper inches per one (1) inch of removed Significant Trees and Lost Trees is required. For all other areas containing Significant Trees, a Tree Replacement ratio of a Diameter of one (1) caliper inch per one (1) inch of removed Significant Trees and Lost Trees is required. Required Replacement shall be provided as follows: A. Disease/Insect Susceptible Trees (Ash and Elm) shall be replaced at a ratio of at Ordinance No. 719 8 November 8, 2023 least one (1) Replacement Tree per one (1) Significant Tree removed. B. Pioneer Trees (Aspen, Box Elder, Cottonwood, Poplar, and Willow) shall be replaced at a ratio of one-half (½) inch Replacement Tree per one (1) inch of removed Significant Tree. Pioneer Trees in excess of 36 inches shall require a maximum of 18 inches of Replacement Trees. C. Coniferous Trees shall be replaced at a ratio of one (1) inch Replacement Tree per one (1) inch of Significant Tree removed. A.D. Hardwood Trees (Basswood, Birch, Catalpa, Cherry, Hackberry, Hickory, Ironwood, Locust, Maple, Oak, and Walnut) shall be replaced at a ratio of one (1) inch Replacement Tree per one (1) inch of Significant Tree removed. (ii) Type of Replacement Trees. All Replacement Trees shall be native trees as defined by subdivision 10 of this section. All Replacement Trees shall be appropriate for the soil conditions found at the planting site. All Replacement Trees shall be from certified nursery stock and shall not be bare root stock. If more than twelve (12) Replacement Trees are required on a Development Site, there shall be no more than twenty-five (25) percent of the same species. (iii) Minimum Size of Replacement Trees. All deciduous Replacement Trees shall be a Diameter of at least two (2) caliper inches in size, except as described below. All coniferous Replacement Trees shall be at least four (4) feet in height, which shall be equivalent to two (2) replacement inches. (A) Replacement of Disease/Insect Susceptible Trees may be smaller than two (2) caliper inches. (B) Replacement Trees smaller than two (2) caliper inches, but no smaller than 1 ¼ caliper inches, may be permitted only if necessary to achieve species diversity if larger stock is not available for such species. If a smaller tree is planted to improve species diversity and the City determines larger stock is not available, these Replacement Trees shall be calculated as (2) caliper inches to encourage diversity. (iv) Placement of the Replacement Trees. All Replacement Trees shall be planted within the Development Site, in a non-patterned arrangement, duplicating natural conditions whenever possible. Replacement Trees may be planted in an alternative location if that location is approved by the city council. (v) Survival of Replacement Trees. All Replacement Trees must survive for at least two growing seasons from the date of planting before the city will refund the financial guarantee required by subdivision 13 of this section. In the event that a Replacement Tree dies or has severely declined (25% of crown has died) before the two growing seasons have passed, it shall be replaced with a Tree of the same caliper inch size. The new Tree must survive for two growing seasons from the date of its planting before the city will refund the financial guarantee. (vi) Credit for Previously Planted Trees. An applicant may, if they have previously Ordinance No. 719 9 November 8, 2023 planted Trees on the property while the property was under their ownership, receive credit for these Trees as part of the Replacement Plan. The Trees must meet the requirements of Replacement Trees stated above. The applicant must produce proof, acceptable to the city, that the planting of the trees occurred under the applicant’s ownership of the property. Credit for each previously planted Tree shall be granted based on the minimum size Replacement Tree allowed under this ordinance, unless the applicant is able to provide proof as to the size of the Tree at the time of plantingon the size of the planted tree, except that credit shall be limited to eight (8) caliper inches per planted tree. (vii) Replacement Trees in Uptown Hamel. Notwithstanding anything herein to the contrary, if Replacement Trees are required within the Uptown Hamel zoning district, they shall be provided at a ratio of two (2) Replacement Trees per Significant Tree removed, except Disease/Insect susceptible trees (Ash/Elm) shall be provided at a ratio of one (1) Replacement Tree per Significant Tree removed. (d) Off-site Replacement; Contribution to City Environmental Fund. If required Tree Replacement is not practicable on the subject site because, in the City’s discretion, insufficient space exists to plant the Replacement Trees, an applicant may propose to plant in other locations in the City. Alternatively, an applicant may contribute an amount described in the City’s fee schedule to the City’s Environmental Fund for the purpose of forest management. The contribution shall be based upon the estimated cost equivalent to planting the required amount of Replacement Trees. (e) Amendments. A Tree Preservation or Replacement Plan may need to be amended after it has been approved by the city council. Requests for amendments shall be submitted to the Zoning Administrator prior to the issuance of the Tree Replacement permit. The city’s Zoning Administrator shall have the authority to approve minor amendments. Request for amendments after the Tree Replacement Permit has been issued shall be considered by the City Council. Subd. 10. Native Trees. The following is the list of Trees that are native to Minnesota for purposes of this section as specified by the Minnesota Department of Natural Resources’ “Field Guide to the Native Plant Communities of Minnesota, the Eastern Broadleaf Forest Province.”: (a) Ash, Black (Fraxinus nigra) RESERVED (b) Ash, Green (Fraxinus Pennsylvanica) RESERVED (c) Ash, White (Fraxinus Americana) RESERVED (d) Aspen, bigtooth (also called largetooth aspen, poplar, popple)(Populus grandidentata); (e) Aspen, quaking (also called trembling aspen, poplar, popple)(Populus tremuloides); (f) Basswood, American (Tilia Americana); (g) Birch, paper (Betula papyrifera); Ordinance No. 719 10 November 8, 2023 (h) Birch, river (Betula nigra); (i) Birch, yellow (Betula alleghaniensis); (j) Butternut (Juglans cinerea); (k) Cedar, northern white (Thuja occidentalis); (l) Cherry, black (Prunus serotina); (m) Cherry pin (Prunus pensylvanica); (n) Elm, American (only Dutch Elm Disease resistant cultivars) (Ulmus Americana); (o) Fir, balsam (Abies balsamea); (p) Hackberry (Celtis occidentalis); (q) Hophornbeam, eastern (also called ironwood) (Ostrya virginiana); (r) Hickory, bitternut (Carya cordiformis); (s) Hickory, shagbark (Carya ovata); (t) Honeylocust (Gleditsia triacanthos); (u) Hornbeam, American (also called blue beech)(Carpinus caroliniana); (v) Maple, black (Acer nigrum); (w) Maple, red (Acer rubrum); (x) Maple, silver (Acer saccharinum); (y) Maple, sugar (Acer saccharum); (z) Mulberry, red (Morus rubra); (aa) Oak, black (Quercus velutina); (bb) Oak, bur (Quercus macrocarpa); (cc) Oak, northern red (Quercus rubra); (dd) Oak, northern pin (also called Hill oak)(Quercus ellipsoidalis); (ee) Oak, swamp white (Quercus bicolor); (ff) Oak, white (Quercus alba); (gg) Pine, eastern white (Pinus strobes); (hh) Pine, jack (Pinus banksiana); (ii) Pine, red (also called Norway pine)(Pinus resinosa); (jj) Spruce, black (Picea mariana); (kk) Spruce, white (Picea glauca); (ll) Tamarack (also called eastern or American larch) (Larix laricina); and (mm) Walnut, black (Juglans nigra). (nn) Willow, Black (Salix nigra) (oo) Willow, Peachleaf (Salix amygdaloides) (pp) Willow, Heartleaf (Salix eriocephala) Subd. 11. Permit Required. Any activity regulated by this section shall require the applicant to obtain a Tree Preservation permit from the city. The application shall include a Tree Preservation and Replacement Plan (if required) for the Development Site. The application shall also include payment of a permit fee which shall be set by ordinance by the city council from time to time. Subd. 12. Financial Guarantee for Tree Replacement. In the event that Tree Replacement is required, the applicant shall submit a financial guarantee, in a form acceptable to the city at the time of obtaining the Tree Replacement Permit. The Ordinance No. 719 11 November 8, 2023 financial guarantee must be for at least two growing seasons in order to ensure both the planting and the survival of the Replacement Trees. If no Replacement Trees are required, the City may require a financial guarantee that will ensure that in the event that any existing Significant Trees are damaged or killed as a result ofat time of development, they will be replaced by Replacement Trees complying with the requirements hereof. No financial guarantee shall be required when there are no Significant Trees on the property. Subd. 13. Violations. It shall be a violation of this section for any person, firm or corporation, to destroy the number of Significant Trees beyond the limits established by this section. The Zoning Administrator shall determine non-compliance with this section, subject to review by the city council. In addition to any other enforcement method available to the city, Tthe destruction or partial destruction of any Significant Trees in violation of this section shall be considered a violation and may result in revocation of the Tree Replacement permit or an action against the financial guarantees. Subd. 14. Penalties. Any person convicted of violating this section shall be guilty of a misdemeanor and shall be subject to a fine or imprisonment as specified by state statute. Such penalty may be imposed in addition to an action against the financial securities, suspension or revocation of the Tree Replacement permit. Nothing contained herein shall be interpreted to prohibit the city from enforcing this section through any other means available to it under law, including, but certainly not limited to, injunctive relief. SECTION II. This ordinance shall become effective upon its adoption and publication. Adopted by the Medina city council this 8th day of November, 2023. _____________________________ Kathleen Martin, Mayor Attest: _________________________ Caitlyn Walker, City Clerk Published in the Crow River News on the 16th day of November, 2023.