HomeMy Public PortalAbout409CITY OF MEDINA
ORDINANCE NO.409
An Ordinance Related to Tree Preservation and Replacement;
Repealing Sections 820.33, 828.09, 828.41, Amending Section 830.06 and adding new
Section 828.41.
The city council of the city of Medina ordains as follows:
SECTION I. The existing Medina Code Sections 820.33, 828.09, 828.41 are being
repealed.
SECTION II. Medina Code Section 830.06 is amended by deleting the stamen material
and adding the underlined material as follows:
Section 830.06. Design and Development Standards. Design and development standards
are established for this district to achieve a high standard of development by providing
assurance that land uses, buildings and functions are compatible. Plans and proposed use
of the property shall conform to the design and development standards prior to approval
of the PUD Development Plan and before any building permit is approved. The applicant
or owner shall supply data necessary to demonstrate such conformance.
Subd. 1. Design and Development Standards — All Uses.
(a) Conservation -Preservation — Conservation and Preservation of the site
must be achieved consistent with the General Preservation and
Development Guide by designation of at least 50 percent of the area for
park, public use and open space, through dedication in a plat, deed to the
City, or through granting a perpetual easement to the City or to an agency
acceptable to the City. Agencies the City will consider are Minnesota
Land Trust, Minnesota Department of Natural Resources, or an agency
acceptable to the City. Conservation and preservation includes desirable
restoration.
(b) Grade Preserved — Existing grades on the site are expected to be
preserved. The maximum deviation is 3 feet to preserve the natural
features, with a deviation less than 4 inches within the drip line of
preserved trees. For the purposes of restoration or to achieve a desirable
natural drainage pattern, grading to a depth greater than 3 feet will be
permitted. This provision does not apply to excavation for footings or
basements designed and constructed consistent with the approved grading
plan.
(c) Natural Drainage — The plan shall provide an open, natural drainage
system, except for such portions where it can be shown that a natural
system is unquestionably not feasible. The volume and speed of runoff
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1
shall be minimized. Flow shall be dispersed and directed in a manner
which supports and enhances natural drainage and which can accomplish
this objective without using NURP ponds.
(d) Linkage — Conservation/Open space areas shall be linked and provide
continuity with land adjacent to the PUD.
(e) Lots -Open Space — The development pattern shall strive to achieve having
at least 75% of the lots in the development abutting conservation, park, or
open space areas.
(f) Wetland — No dwelling, structure or swimming pool shall be located
within 30 feet of a wetland.
(g) Public Streets —
(i) shall be built in accordance to city approved engineering standards
but with the width being considered separately. Thus, the width of
the paved road shall be minimal, usually 22 to 28 feet except at
major entrances.
(i)
(ii) drainage shall be conducted into open space areas in a manner to
minimize erosion and to achieve the high quality of the runoff.
(iii) shall be eligible for a special design to accommodate low volumes
and low velocity flow or a flow which favors surface water
objectives.
(iv) shall be designed to discourage through traffic on local streets.
Loop streets are acceptable and are a preferred alternative to cul-
de-sacs.
(v) shall be designed to include bermed and landscaped buffer strips,
where appropriate on major roads, to reduce noise and adverse
visual impacts on adjacent properties. (A buffer strip is a raised
landscaped area used to visually separate one area from another
to shield or block view, noise, light impacts or other conditions.)
Private Roads —
(i) shall be built in accordance to city approved engineering standards
but with the width being considered separately.
(ii) shall be designed to minimize impacts upon adjoining parcels.
Buffer strips and landscaping may be required to minimize impact.
(iii) may have common sections serving two or more dwellings.
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2
(iv) must be built to a seven -ton design, paved to a width of at least 24 feet.
Upon completion of the private road, the applicant shall submit to the City
a set of "as -built" plans, signed by a registered civil engineer.
(v) shall be regulated by covenants concerning maintenance and use filed
against all benefiting properties.
(vi) shall have a street name sign posted at the point where the private
driveway intersects the public right-of-way.
(vii) shall be subject to a private road agreement entered into between the
developer and the City covering such matters as maintenance, repair,
safety, emergency and service access, signage, lighting, addressing and
similar provisions.
(j) Trees — Streets and Open Spaces — Street trees and trees proposed in open spaces
must include a variety of trees and provide for and be consistent with:
(i)
tree types in the protected wooded areas and elsewhere e.g. oak, maple
and linden, but not invader trees;
(ii) conservation;
(iii) buffering;
(iv) site planning and PUD considerations.
(k) Tree Preservation — The tree preservation requirements specified elsewhere in the
city code shall be required. Trees within PUD 1 and PUD 2 are a major
component of the natural environment and their ecosystems. For this reason and
for compliance with the primary purposes and sub purposes of this district,
signifreant-tfees-(tfees-flieaStifilig-8-0fifiefe-ealiper-itielies-ifi-diameter-measur-e€1-4
feet off the ground) and conditions in the protected wooded areas so designated in
( Protected Wooded Area Significant Trees No significant tree shall be
removed frem the protected wooded area or any other area unless required
to extend a trail or street included in the approved General Preservation
and Development Guide. Trail alignments can be adjusted so as not to
remove a significant tree. If a road can not be aligned or constructed in a
manner which preserves a significant tree, the tree can be removed
provided it is replaced with new trees equal to or exceeding the number of
caliper inches removed.
(ii) Tree Removal Authorization No significant tree shall be removed in
the protected wooded area or any other area unless removal is: 1)
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August 2, 2006
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(1)
(m)
on the approved Final Development Plan; 3) consistent with other
for each caliper inch removed. Street trees or trees on private lots can not
be used to calculate replacement. Trees planted in park and/or opcn space
can not be counted as replacement trccs unless thcy arc approved to be
used as such when the Concept Plan and Final Development Plan arc
(iii) Tree Removal or Loss A significant tree will be considered removed or
lost as a result of: 1) clearing or cutting which result in removal or killing
of the tree; 2) grade change, including grading or filling, whether
temporary or permanent, affecting 45% or more of the tree's critical root
zone (the area around the tree trunk having a radius of 1.5 feet for every
caliper inch of tree diameter); 3) utility, roads or other construction
,.' root zone; 4) mecha..icat i to the trunk „ g loss f more
than 40% of the circumf ;
compaction to a depth of 6 inches or more of 45% or more of the surface
of the soil within the critical root zone. A tree with a disease which will
kill the tree wilt not be o dcre gn; fcant tree and c n be r
Understory Plants and Natural Habitat — Understory plants and the natural habitat
in the protected wooded areas must be preserved. However, some removal for
trail construction and for other good cause may be allowed such as removal of
non-native and invader species such as buckthorn.
Impervious Coverage — The maximum impervious surface coverage shall not
exceed 40 percent of the lot area. Lot area in this subsection does not include any
open water, wetland, public or private right of way, easements or any similar
limitation on the use of the lot.
(n) Utilities — All utilities shall be placed underground.
(o) • Outdoor Lighting — Allow no more than 0.3 FC of light at the property line, when
measured at eye level and aimed at the light source.
(i)
Landscape and Architectural Lighting — Provide lighting aimed directly at
the area of focus. Minimize spill light by use of narrow distribution
luminaries and control devices such as internal and external louvers,
refractors, barn doors and glare shields.
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(p)
(ii) Parking and Walkways — Provide cutoff type luminaries for parking areas
and walkways with no more than 10 percent of light output above the
horizontal plane through the light source.
Association; Covenants - A neighborhood association may be required by the
City. Bylaws and covenants shall be provided as required by this ordinance. The
association and covenants shall provide for use, upkeep, maintenance and
insurance for the common area and recreational facilities, private streets
(including snow plowing, sweeping and resurfacing and associated lighting),
monument sign and preservation of the open space. The association and covenants
shall regulate outdoor sport structures, walls and fences, accessory structures,
outdoor lighting, similar improvements in common areas or on private property.
Subd. 2. Design and Development Standards — Specific Uses.
(a) Single Family Dwellings.
(i) Setting.
(aa) Street Lighting. Lighting on public and any private roads shall be
decorative and be consistent with the City's approved design. Such
lighting shall meet the Illuminating Engineering Society of North
America (IESNA) definition of cutoff and direct illumination with
no more than 10% of the light output of the fixture aimed above 90
degrees above the horizontal (no more than 10% of the light output
of the light fixture is allowed to be cast above a horizontal plane
extending through the light source). Additionally the lighting level
shall not exceed 0.3 FC at the edge of the property line when
measured at eye level and aimed at the light source.
(bb) Monument Signs. Each PUD (PUD 1 and PUD 2) shall be allowed
at least one monument sign with minimal lighting subject to
approval by the City, at each vehicular entrance which the City
may allow to be placed on the public right-of-way, a private road
or an open space, if the size, type and design are consistent with
City Ordinances and the development plan.
(cc) Lanes for Fire Access. Lanes for fire access shall be provided as
determined necessary.
(dd) Drainage. Natural drainage shall be provided consistent with the
City and watershed district requirements and proper easement shall
be provided.
(ee) Impervious Surface. The site plan shall show impervious surfaces,
calculations and ratio. Such ratios shall meet the requirements of
this ordinance.
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Buffers. Landscaped buffers shall be provided and established to
protect and screen potential functional differences or use/density
differences when significant.
Maintenance of Common Areas. A maintenance agreement in a
form acceptable to the City must be submitted to provide adequate
and ongoing maintenance of the common areas and, if appropriate,
public areas.
Placement. Buildings shall be located consistent with the existing
grades of the land and the location of trees, wetlands and other
environmentally sensitive features which shall be protected.
(ii) Diversity. Diversity shall be provided in terms of size, type,
building orientation and form.
(jj) Easements. Easements shall be provided and filed consistent with
the plan and City approvals.
(ii) Dwelling Unit and Lot.
(aa) Setbacks. The minimum front yard setback is 30 feet. The
minimum rear yard setback is 30 feet, except where lot abuts open
space, then 20 feet. The minimum side yard setback is 10 feet,
except as specified in (bb) below. Some flexibility in other
setbacks as required in the conventional section of this ordinance
will be allowed. Proposed setbacks shall be shown on the Concept
Plan and on the Development Plan.
(bb) Height. No building or structure shall exceed 2-1/2 stories or 30
feet in height. However, the height may exceed 30 feet, but shall
not exceed 40 feet or 2-1/2 stories, if the following standards are
met: 1) accurate building plans and elevation drawings shall be
submitted to the City; 2) the residence shall be constructed with
each side yard setback having at least a width of 30 feet; 3) those
portions of the residence greater than 30 feet in height shall be
uninhabited and not planned for storage; 4) the height from the
lowest ground level (and 8 feet out) to the eave shall be no greater
than 30 feet; and 5) there shall be a 2 story height limitation at the
driveway or point of access to the residence. Side yard setbacks
may be reduced to 20 feet if the portion of the residence greater
than 30 feet in height is separated from the living space by a one -
hour fire rated ceiling in the upper level of the living space
consisting, at a minimum, of a one -hour fire rated attic access and
a ceiling composed of two sheets of 5/8 inch gypsum board. Side
yard setbacks may be reduced to 10 feet if the structure is sprinkled
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to a 13D standard according to the National Fire Protection
Association.
(cc) Modulation, Length. Dwelling units shall be modulated to provide
interest and individuality for each dwelling.
(dd) Front Facade. The space behind at least one-half of the front facade
(measured in lineal feet at the grade level) of each dwelling shall
be used for living space and/or entrance functions.
(ee) Garage. No more than one-half of the front facade (measured in
lineal feet) of each dwelling shall be used for garage purposes.
(ft)
(gg)
(hh)
Appearance. The exterior design, proportions and materials shall
be selected to achieve quality design and a sense of individuality.
Limit on Surfacing in Front Yard. Driveways and surfaces for
outdoor parking shall not occupy more than 30 percent of the front
yard. All areas in the front yard which are not hard surface
(bituminous, concrete, concrete pavers, etc) shall be landscaped.
No vehicles, boats or trailers shall be parked on the landscaped
areas in the front yards.
Outside Storage of Special Vehicles. There shall be no outside
storage of special vehicles including recreational vehicles, motor
homes, boats, jet skis, snowmobiles, trailers, and all terrain
vehicles. (It is expected that private covenants will limit temporary
parking to a maximum of 48 hours).
(ii) Outside Storage of Trash. There shall be no outside storage of
trash, trash containers or debris. All trash containers shall be stored
in enclosed structures.
Gj)
Parking and driveway. At least two inside parking spaces shall be
provided per dwelling. The width of the driveway shall not exceed
24 feet at the edge of the road, nor shall two driveways be
combined, creating a width of more than 24 feet at the edge of the
road. Adjacent driveways shall be separated by a landscaped area
at least twenty feet wide. No more than 40 feet of every 100 feet of
public or private street serving the dwellings shall be used as
access or driveways to the dwellings, except at a public or private
cul-de-sac, where some adjustment may be allowed. Driveway
grades shall accommodate use by people and vehicles during all
seasons. In general, grades shall not exceed seven percent. All
driveways must be bituminous, brick, concrete or concrete pavers.
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(kk)
Driveway Design. Driveways shall be designed to minimize the
volume and velocity of runoff, especially to the paved public or
private road.
(11) Access. Each dwelling shall have direct vehicle access from the
garage and driveway to a public road or to an improved private
road meeting the requirements of the City.
(mm) Guest parking. Off-street parking areas for guests must be
considered, planned and provided for each dwelling.
(nn)
Equipment. All mechanical equipment shall be hidden from view.
(oo) Accessory Structures. If approved by the City, accessory structures
shall be designed to match the architecture and materials used in
the dwellings and comply with the City accessory structure
ordinance.
(b) Essential Public Utility and Service Structures Not Approved as Part of a
Subdivision. To the extent appropriate and possible the site and building shall
meet the standards for a single family dwelling.
(c) Swimming Pool. Swimming pools shall meet the requirements specified
elsewhere in the City Code.
(d) Community Farm, Community Co-op Farm, Community Garden. These uses and
structures shall be designed and operated to be compatible with adjacent nearby
residential uses.
(e) Community Use Structures. These uses and structures shall be designed and
operated to be compatible with adjacent and nearby residential uses.
(f) Specialty Retail and Service Uses. To the extent appropriate and possible the site
and building shall be designed to meet the standards for a single family dwelling.
SECTION III. New Medina Code Section 828.41 is being added 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
Ordinance No. 409
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8
that the reforestation of this valuable renewable resource will ultimately provide a long-
term environmental and economic benefit.
Subd. 2. Function. The function of this ordinance includes but is not limited to:
(a) improved air quality;
(b) reduced noise pollution;
fc) improved water quality;
(d) prevention of soil erosion.,
Le) energy conservation through natural insulation and shading;
1f control of the urban heat island effect;
gg) increased property values through protection of privacy by maintaining and
establishing tree buffers between conflicting land uses;
(h) providing habitat for wildlife, including birds that help in the control of insects;
enhancement of the city's physical and aesthetic environment; and
Li) enhancement of 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:
"Best Management Practices" (`BMP") are the Erosion and sediment
control practices as well as conservation or Low Impact Development
principles related to Tree Preservation and removal, that 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.
"Conservation Easement" is a voluntary, legally binding agreement that
limits certain types of uses, or limits development from taking place on a
piece of property, now and in the future, while protecting the property's
ecological and open -space value.
,c) "Crown Cover" is the protective canopy created by the overlapping leafy
heads of Trees that shelters the habitat beneath it.
(d) "Development Site is the surveyed parcel, or site, including those
improvements that occur on -site or adjacent to the Development Site or
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spoil site locations. A Development Site includes both the Primary and
Secondary Construction Zones.
tej "Diameter" is the width of a Tree's trunk, measured at four (4) feet above
the ground and measured in caliper inches.
LD "DNR" is the Minnesota Department of Natural Resources.
(g) "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.
01 "Erosion" is the wearing away of ground surface as a result of the
movement of wind, water, ice and/or land disturbance activities.
Li) "Forestry Specialist" is a person certified in urban forestry functions and
management, who has been retained by the city, or an applicant.
(j,) "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:
ii
grade change or land alteration, whether temporary or permanent, of
greater than one (1) foot, measured vertically and affecting forty (45)
percent, or more, of the tree's root zone (the area under a Tree that is
at and within the Dripline of the Tree);
secondary construction activities that result cutting forty (45) 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 (45) percent, or more, of the Tree's root zone (the area under a
tree that is at and within the Dripline of the Tree).
1 "Low Impact Development" or "LID" means multi -functional site design.,
streetscapes and architecture that maintains and restores vital terrestrial
ecological processes necessary to protect the ecological integrity of the
land.
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"Natural Resources Inventory" is a document developed by city that
denotes where regionally significant natural resources are located within
city.
fm) "Primary Construction Zone means all areas that are occupied by a
structure, driveway or parking area, areas above utility lines and all other
utilities, including sanitary sewer, storm sewer, electric, cable television.,
natural gas and telephone, plus an additional portion of the lot which
extends from the furthest projections of the structure (excluding open
decks and porches), thirty feet (30) feet surrounding the proposed building
area.
in) "Principal Structure means any building or structure on the property in
which the main use of the property takes place.
fal "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.
"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.
(q) "Replacement Trees" are trees that replace removed Significant Trees.
Ld "Secondary Construction Zones" are all areas that are disturbed by
construction of street, sanitary sewer, septic, water, storm sewer, gas.,
electric, telephone and television cable and trenching, including areas
extending ten (10) feet beyond all edges of the driveway and paved areas
and five (5) feet beyond the edge of the utility line.
)s,2 "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.
"Subdivision" consists of the division of a parcel into two or more lots
whether by survey or plat.
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( "Tree" is a woody plant, which at maturity, is thirteen (13) to twenty (20)
feet or greater in height and that has a more or less definite crown.
tyj "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 Replacement Trees within the site.
Lw,) "WCA" means the "Wetland Conservation Act," Minnesota Statutes
Sections 103G.222-.2373.
"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:
La,) 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;
(b) Site improvements requiring a building, grading, driveway, sign or WCA permit;
(c) redevelopment of a legal non -conforming principal structure; and
jj1 removal of more than one (1) acre of Significant Trees.
Subd. 5. Exemptions. The following activities are exempt from the requirements of this
ordinance:
LAI any Allowed Disturbance to the extent allowed by Subdivision 6 of this
ordinance:
bid removal of less than one (1) acre of Significant Trees;
Lc,) commercially -zoned properties which follow the zoning -specific requirements;
(d) removal of Trees located within the public right-of-way or Private Road of a
Subdivision that is to be zoned residential if Best Management Practices are
followed;
fie,) removal of a Tree that has been determined by a Forestry Specialist to be
Diseased:
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fn the installation of telephone, cable television, electric poles and other kinds of
utility lines or service connections to these utilities;
ighl removal of Trees in connection with an emergency that poses an immediate
danger to life or property;
(h) removal of Trees that are located in areas in the Three Rivers Park District -
managed Morris T. Baker Park and the DNR-managed Wolsfeld Woods Scientific
and Natural Areas;
Li) removal of Trees that are damaged by storms or natural disasters; and
(j,) removal of Trees within an existing Conservation Easement for which a private
management plan exists.
Subd. 6. Allowed Disturbances. The following is the allowed amount of Significant
Trees that may be disturbed with respect to activities subject to this ordinance which shall
not require a Tree Preservation or Replacement Plan or Permit:
La) All Significant Trees within the area of the footprint of the Principal Structure;
all All Significant Trees within the area of the driveway for the Principal Structure;
( All Significant Trees within the area for the septic system for the Principal
Structure; and
(d) All Significant Trees within a fifty (50) foot area around the perimeter of the
Principal Structure. The fifty (50) foot perimeter width may be relaxed and the
perimeter permitted to become wider at some points so as long as the average
width of the perimeter does not exceed the fifty (50) foot requirement.
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Average 50
feet around
house
Building
Setback
Lines
Subd. 7. Waiver. A waiver from the requirements of this ordinance may be granted by
the city on a case -by -case basis for circumstances where the applicant has exhausted all
design options for the Development Site. An applicant shall be eligible for a waiver only
if he or she is willing to provide at least two (2) of the 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. Waivers for non -land use application permits
may be reviewed and approved by the Zoning Administrator.
Subd. 8. Standards Governing Tree Preservation, Protection and Planting. The following
Best Management Practices may be used for those Development Sites that identify
Conservation Easements that encompass Old Growth Forest Remnants or Development
Sites that are requesting waivers from certain requirements of this ordinance:
Laj 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 drives in lieu of public streets;
(d) Variation in street radius and speed design;
Modified grading plans;
Flexible lot lines;
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(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, in order
to preserve Old Growth Forest Remnants, Significant Trees and open space;
fp The preservation of unique and rare Tree species identified in the Natural
Resource Inventory; and
The use of Low Impact Development principles.
Subd. 9. Tree Preservation and Replacement Requirements. For all activities that are
subject to this ordinance or exceed the Allowed Disturbances, a Tree Preservation and
Tree Replacement plan must be submitted by the applicant for review and approval by
the city.
(a) Tree Preservation Plan. The Tree Preservation Plan shall consist of a tree
inventory. The tree inventory shall be a survey which shall follow all
ordinances for grading and Erosion control. To the extent possible, Old
Growth Forest Remnants, Woodlands, Significant Trees and Natural
Habitat areas shall be preserved All Tree Preservation Plans shall include
the following information for all Primary and Secondary Construction
Zones including areas designated for primary and secondary septic
locations:
The number of acres of Woodland or Old Growth Remnant Forest
areas on the Development Site along with a list of the Tree species
within these areas to be preserved and removed, and the caliper
inches of Trees to be removed; or
A list of each Significant Tree species on the Development Site
that are not within a Woodland or Old Growth Remnant Forest
area and the number of each for Significant Trees to be preserved
and removed, and the caliper inches of Significant Trees to be
removed;
WI) A list of any ecologically unique and/or significant areas on the
Development Site that are identified in the Natural Resources
Inventory Report;
(iv) A description of the Erosion control measures to be used on the
Development Site, along with the location, including the use of
protective fencing; and
tyj Any existing and/or proposed Conservation Easements.
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(b) Tree Replacement Requirements:
01 Number and Size of Trees to be Replaced. For Trees located
within a Woodland area, a Tree Replacement ratio of one (1)
caliper inch per one (1) caliper inch of a Lost Tree is required. For
Trees located within an Old Growth Forest Remnant area, a Tree
Replacement ratio of two (2) caliper inches per one (1) caliper inch
of a Lost Tree is required. For all other areas containing
Significant Trees, a Tree Replacement ratio of one (1) caliper inch
per one (1) caliper inch of Lost Tree is required.
ii
Type of Replacement Trees. All Replacement Trees shall be
Native Trees and shall be species that are listed in the Native Tree
List contained within Subdivision 10 of this Ordinance. 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. There shall
be no more than twenty-five (25) percent of the same species of
Replacement Trees on any one Development Site.
thil Minimum Size of Replacement Trees. All deciduous Replacement
Trees shall be at least two (2) caliper inches in Diameter. All
coniferous Replacement Trees shall be at least four (4) feet in
height.
(iv) Placement of the Replacement Trees. All Replacement Trees shall
be planted within the Development Site. Replacement Trees may
be planted in an alternative location if that location is approved by
the City Council.
(iv) Replacement of Replacement Trees. All Replacement Trees must
survive for two years from the date of planting before the city will
refund the financial guarantee required by this ordinance. In the
event that a Replacement Tree dies before the two years have
passed, it shall be replaced with a Tree of the same caliper inch
size. The new Tree must survive for two years from the date of its
planting before the city will refund the financial guarantee required
by this ordinance.
Tree Replacement Plan. All of the proposed Replacement Trees shall be
set forth in a Tree Replacement Plan that contains the above information
about each Replacement Tree. The Tree Replacement Plan shall be
submitted by the applicant for review and approval by the city council.
The Tree Replacement Plan shall be certified by a Forestry Specialist.
Ordinance No. 409
August 2, 2006
16
fslj Protection of Undisturbed Trees. Trees that are to be preserved
undisturbed on the Development Site shall be delineated with protective
fencing, placed one (1) foot beyond the Tree's Crown Dripline.
Lej 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 found in this area that are
native to Minnesota as specified by the DNR (before European pre -settlement):
Lal Aspen, bigtooth (also called largetooth aspen, poplar, popple)(Populus
grandidentata);
(b) Aspen, quaking (also called trembling aspen, poplar, popple)(Populus
tremuloides);
Basswood, American (Tilia Americana);
Birch, paper (Betula papvrifera);
Le) Birch, river (Betula nigra);
Lf Birch, yellow (Betula alleghaniensis);
( Butternut (Juglans cinerea);
(h) Cedar, eastern red (also called juniper) (Juniperus virginiana);
Cedar, northern white (Thuja occidentalis);
() Cherry, black (Prunus serotina);
(k) Cherry pin (Prunus pensylvanica);
(Coffeetree, Kentucky (Gymnocladus dioica);
(m)Elm, American (Ulmus Americana);
in) Elm, slippery (also called red elm) (Ulmus rubra);
(o) Fir, balsam (Abies balsamea);
Ordinance No. 409
August 2, 2006
17
(p) Hemlock (Tsuga Canadensis);
(q) Hophornbeam, eastern (also called ironwood) (Ostrya virginiana);
fEl Hickory, bitternut (Carya cordiformis);
fs,) Hickory, shagbark (Carva ovata);
Honeylocust (Gleditsia triacanthos);
(u) Hornbeam, American (also called blue beech)(Carpinus caroliniana);
tyj Maple, black (Acer nigrum);
(w) Maple, mountain (Acer spicatum);
(x) Maple, red (Acer rubrum);
(y) Maple, silver (Acer saccharinumh
(z) Maple, sugar (Acer saccharum);
(aa)Mulberry, red (Morus rubra);
(bb) Oak, black (Quercus velutina);
(cc) Oak, bur (Quercus macrocarpa);
(dd) Oak, chinkapin (also called yellow chestnut oak)(Quercus muehlenbergii);
(ee) Oak, northern red (Quercus rubra);
(ff) Oak, northern pin (also called Jack oak, Hill oak)(Quercus ellipsoidalis);
(gg) Oak, swamp white (Quercus bicolor);
(hh) Oak, white (Quercus alba);
(ii) Pine, eastern white (Pinus strobes);
(jj) Pine, jack (Pinus banksiana);
(kk) Pine, red (also called Norway pine)(Pinus resinosa);
(11) Spruce, black (Picea mariana);
Ordinance No. 409
August 2, 2006
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(mm) Spruce, white (Picea glauca);
(nn) Tamarack (also called eastern or American larch) (Larix laricina); and
(oo) Walnut, black (Juglans nigra).
Subd. 11. Permit Required. Whenever Tree Replacement is required, the applicant must
obtain a Tree Replacement Permit from the City by filing an application with the City.
The application shall include the Tree Inventory and Tree Replacement Plan for the
Development Site. The application shall also include payment of a permit fee which shall
be set by resolution of 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
financial guarantee must be for at least two years 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 at time of development, they will be replaced by
Replacement Trees. 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 ordinance for any person, firm or
corporation, to destroy any Significant Tree beyond the amounts set forth by this ordinance.
The city Zoning Administrator has the discretion to determine non-compliance with this
ordinance. The destruction or partial destruction of any Significant Trees in violation of this
ordinance 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 ordinance 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.
Ordinance No. 409
August 2, 2006
19
SECTION IV. This ordinance shall become effective upon its adoption and publication.
Adopted by the Medina city council this 2"d day of August, 2006.
City of Medina
ce D. Workman, Mayor
Attest:
4/14 Aze.v.44.
Chad M. Adams, City Administrator -Clerk
Published in the South Crow River News on the 7rh day of August, 2006.
Ordinance No. 409
August 2, 2006
20