HomeMy Public PortalAbout432CITY OF MEDINA
ORDINANCE NO.432
An Ordinance Related to Tree Preservation and Replacement;
Amending Section 828.41 of the City Code
The city council of the city of Medina ordains as follows:
SECTION I. Medina Code Section 828.41 is amended by deleting the stFisl£en material and
adding the underlined material 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.
Subd. 2. Function. The function of this ordinance includes but is not limited to:
(a) improveditg air quality;
(b) reduceding noise pollution;
(c) improveding water quality;
(d) preventiening soil erosion;
(e) energy conservationing energy tlifeugh by providing natural insulation and shading;
(f) oentfel-e€reducing the urban heat island effect;
(g)
increaseding property values by establishing tree buffers that provide privacy
protection
buffers -between conflicting land uses;
providing habitat for wildlife, including birds that help in -the control of insects;
enhancementing of the City's physical and aesthetic environment; and
enhancemeoting 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:
(a) "Best Management Practices" (`BMP") are the Erosion and sediment control
practices as well as conservation or Low Impact Development principles related to
Tree gpreservation 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.
(e)(b) "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 spoil site locations. A
Development Site includes both the Primary and Secondary Construction Zones.
(e)(sd) "Diameter" is the width of a Tree's trunk, measured at four (4) feet above the
ground an „ e red : caliper ; ches.
(44 «TINR is the Minnesota Departmen♦ e f Natura D esources
(g)(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.
(h) "Erosion" is the wearing away of ground surface as a result of the movement of
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"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.
(j3(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:
Ordinance No. 432
November 20, 2007
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(i) grade change or land alteration, whether temporary or permanent, of greater
than one (1) foot, measured vertically and affecting forty (1 5 10) percent,
or more, of the tTree'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 (4 5 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 tTree; or
(iv) compaction to ninety (90) percent of a depth of six (6) inches, or more, of
forty (45 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).
(IOW "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.
Oki)
(m)
"Natural Resources Inventory" is a document developed by the city that denotes
where regionally significant natural resources are located within the city.
(n)(k) "Principal Structure" means any building or structure on the property in which the
main use of the property takes place.
(o)(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.
(p)(m)
Ordinance No. 432
November 20, 2007
"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 tTrees 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.
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(-O "Replacement Trees" are (frees that replace removed Significant Trees.
> >
e
(1)(2) "Significant Tree" is a healthy, deciduous tTree, measuring eight (8) inches in
Diameter or greater, or a healthy coniferous tTree, measuring four (4) inches or
greater in Diameter.
(t\ g) f the division of a of into two l .he
[T7�� "Subdivision" ���-gym., cv rnv-vrzixvrv-roru o�zr ..)
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.
(x3(q) "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 defined crown.
(v) "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.
(w)(s) "WCA" means the "Wetland Conservation Act," Minnesota Statutes Sections
103G.222-.2373.
O(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 or me than two (2) Significant Trees on any property, develo en d or
undevelo ed within a •ven alendar ear exc t as exempted by subdivision 5
of this section;
(u-)(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;
Ordinance No. 432
November 20, 2007
4
( (c)
site improvements requiring a building, grading, driveway, sign or WCA permit;
or
(e)(d) redevelopment of a legal non -conforming pPrincipal sStructure,; and
(d) removal of wore than , e (1) e f Signi ficant Tree
Subd. 5. Exemptions. The following activities are exempt from the requirements of this
ordinance:
(a) any Allowed Disturbance to the extent allowed by Subdivision 6 of this
ordinance;
(bla e of less than e (1) a e of Sig ificant Trees;
Ca�
(a) removal of invasive species of Trees (as defined by the Minnesota Department of
Natural Resources) 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;
(e)(b) commercially -zoned properties which follow the zoning -specific requirements;
(d) rem .al f Trees—loeated ithin—the public rig t-ems „ e Road of a
Subdivision that is to be zoned residential if Best Management Practices arc
followed;
(e)(c) removal of a Tree that has been determined by a Forestry Specialist to be
Ddiseased;
(-i
these utilities;
(g)(d) removal of Trees in connection with an emergency that poses an immediate
danger to life or property;
(h)(e) removal of Trees that are located in areas in the Three Rivers Park District -
managed Morris T. Baker Park and the DNR Department of Natural Resources -
managed Wolsfeld Woods Scientific and Natural Areas;
(-)(O
removal of Trees that are significantly damaged by storms or natural disasters; and
or
(r)(g) removal of Trees within an existing Conservation Easement feu which is
consistent with an existing a private management plan exists.
Subd. 6. Allowed Disturbances. The following is the allowed nt f Sig ificant Trees th t
Tree Preservation or Replacement Plan or Permit: ,
Ordinance No. 432
November 20, 2007
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(-EO Att Si-g ;f ,ant Troop w•tt„ffi the o „fth f „t.. int t, „fto Prin,.tPa et etHr-e
IBA
(d) All Significant Trees within a fifty (50) foot arca around the perimctcr of the
Pfineipal-StRietwThe f ., 50) f -p t ati, be i a �� e
r cnxixeCer�iicr Y�IA7i'GQ--aII�GIIG
Average 50
feet around
house
Building
Setback
Lines i
width of the perimeter does not exceed the fifty (50) foot requirem =
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
Allowed percent
Lot Size
Allowed percent
of Significant
of Significant
land use application or served by
Trees that may be
Trees that may be
improvements
removed
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%
Ordinance No. 432
November 20, 2007
10 1-90.0 acres
10%
10.1-20.0 acres
10%
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. A waiver, of the number of Trees required to be replaced, ter,- the
may be granted by the city council, in its full and absolute
discretion, on a case -by -case basis for circumstances where the applicant has exhausted all
reasonable design options for the Development Site. An applicant shall be eligible for a waiver
only if he or she iilling to p .kle at leas* twe (" of implements the 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 may shall be used for those Development Sites that identify utilize
Cconservation Eeasements that eneempass protect Old Growth Forest Remnants or Development
Sites that are requesting waivers from certain requirements of this erMnanee-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;
The use of }Private Roads chives in lieu of public streets;
Variation in street radius and speed design;
Modified grading plans;
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, in order to
preserve Old Growth Forest Remnants, Significant Trees and open space;
Ordinance No. 432
November 20, 2007
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(i) The preservation of unique and rare Tree species or cominuniti..• identified in the
Natural Resources 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 erdiriance-er-e-xseed-the A t1ewec Dintubanes section, a Tree Preservation and -Tree
Replaeement pPlan must be submitted by the applicant for review and approval by the city. To
the 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. Tree Preservation Plan. The Tree Preservation Plan shall consist
of-a4Fee li ventet 'f 4.0 tme ; o„+ery sli ll be a o ieh-shal f 1lew all
Fe -est D om,. nts W.,e l.. ce C�;gnf anrees a.,..a ls.latufal LT.,1 itat ., sh ll be
> l> i t To
pfesefved-The Tree inventory shall identify Significant Trees on the property. It
shall include:
( 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.
(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.
Ordinance No. 432
November 20, 2007
8
each for Significant Trccs to be preserved and removed, and the caliper
inches of Significant Trees to be removed;
(iv) A descpiption of the Erosion control measures to be used on the Development
Site, along with the location, including the use of protective fencing; and
(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.
Ordinance No. 432
November 20, 2007
(i) Number and Size of Trees to be Replaced. > er Trees 1,,e toay t in
Weedkuld-afek-a—Tfee-RePkteement-Fatie-ef-erte4-1-YealiPer-ifiell-Per-one
(1) caliper inch of a Lost Tree is required. 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) e-aliper inch of a 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) eal-tper inch of removed Significant Trees and Lost
Trees is required.
(ii) Type of Replacement Trees. All Replacement Trees shall be Nnative
Ttrees as defined by subdivision 10 of this section
ar-e4isted--in-the-Natib Tfee r ;st „t irie ..:ti.;.. �„bdivisie . 1 n f thi
wee. 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, Tthere
shall be no more than twenty-five (25) percent of the same species of
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(iii) Minimum Size of Replacement Trees. All deciduous Replacement Trees
shall be a Diameter of at least two (2) caliper inches in Di-alneter size. 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, 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.
(iv)(v) Survival of Replacement Trees. All Replacement Trees must
survive for at least two years growing seasons from the date of planting
before the city will refund the financial guarantee required by this
^oraifianee 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
years growing seasons have passed, it shall be replaced with a Tree of the
same caliper inch size. The new Tree must survive for two yews 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 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 planting.
(e) ifee-Replaeement D�Plan -A11-ef-the t.:: p sell D p :eemen` Troop sh ll be set f ft1,
rn--n-T eRoh
Replacement Tree. The Tree Replacement Plan shall be submitted by the
appliean as the a ty �1 t Dl
nv-vrcTbvuixvir.�zi��riccTc ruwiircircz -raaz
(a) D t t' f T T �t, 1. .a T T t��=e-t..� .a di t„rl,�
l�l rry eEcivn-vrvxx �uraw�zcc�—�Tevs cv rr'e�ui�x�rarnv€-vn
the Deyel..«, ent S to .,hall be ,lol;ne to.l w tL. „feteetiye-f ftei ig pl eed e e !11
d
Ordinance No. 432
November 20, 2007
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 Ppermit. The city's Zoning
Administrator shall have the authority to approve minor amendments.
Request for amendments after the Tree Replacement Permit has been
10
issued shall be considered by the City Council.
Subd. 10. Native Trees. The following is the list of Trees that are native to
Minnesota f r sur3oses of this section as specified by the D#R Minnesota Department of
Natural Resources' "Field Guide to the Native Plant Communities of Minnesota. the Eastern
Broadleaf Forest Province."
0
(a) Ash, Black (Fraxinus nigra)
(b) Ash, Green (Fraxinus Pennsylvanica)
c Ash, White (Fraxinus Americana)
(a)(d) Aspen, bigtooth (also called largetooth aspen, poplar, popple)(Populus
grandidentata);
(.1* Aspen, quaking (also called trembling aspen, poplar, popple)(Populus
tremuloides);
(e)(f) Basswood, American (Tilia Americana);
01)(g) Birch, paper (Betula papyrifera);
(e)(h) Birch, river (Betula nigra);
(f� Birch, yellow (Betula alleghaniensis);
WU) Butternut (Juglans cinerea);
(4) GeEk r e ste f , rod i 1 s ,.,,ilea : e -H >7 tgP ,,,... �.
(ilk Cedar, northern white (Thuja occidentalis);
(:13la) Cherry, black (Prunus serotina);
(10(m) Cherry pin (Prunus pensylvanica);
(m)L Elm, American (only Dutch Elm Disease resistant cultivars) (Ulmus
Americana);
11] 1rin sl ppery (all . e lloa ,.oa el,.,l u ..,.1.,. ,).
(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);
( Maple, red (Acer rubrum);
fif) Maple, silver (Acer saccharinum);
WY) Maple, sugar (Acer saccharum);
(aa)( Mulberry, red (Morus rubra);
fbbX,M) Oak, black (Quercus velutina);
(cc)(bb) Oak, bur (Quercus macrocarpa);
Old) ,
(ee)(cc) Oak, northern red (Quercus rubra);
ff4) i�d Oak, northern pin (also called Jeek-eak, Hill oak)(Quercus ellipsoidalis);
(-gg-)W1 Oak, swamp white (Quercus bicolor);
Ordinance No. 432
November 20, 2007
11
(hh) fa Oak, white (Quercus alba);
(ii)(gg) Pine, eastern white (Pinus strobes);
(-(hh) Pine, jack (Pinus banksiana);
(kk)(ii) Pine, red (also called Norway pine)(Pinus resinosa);
01)(11) Spruce, black (Picea mariana);
(Xkk) Spruce, white (Picea glauca);
(nn)(11) Tamarack (also called eastern or American larch) (Larix laricina); and
foe) (mml Walnut, black (Juglans nigra).
(nn) Willow, Black (Salix nigra)
(oo) Willow, Peachleaf (Salix amygdaloides)
(pp) Willow, Heartleaf (Salix eriocephala)
Subd. 11. Permit Required. Whenever Tree Replacement is required, Any activity regulated by
this section shall require the applicant Est to obtain a Tree Replacement Preservation Ppermit
from the Gcity-b film . a applicatio .,,:*h. the City. The application shall include the -Tree
inventory -a Tree Preservation and Tree Replacement Plan (if required) for the Development Site.
The application shall also include payment of a permit fee which shall be set by resolution of
ordinance by the city council from time to time.
Subd. 12. Financial Guarantee for Tree Replacement. In the event that Tree Reeplacement 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 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 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 owe section for any person, firm or
corporation, to destroy any the number of Significant Trees beyond the limits established offletilits
set -forth by this epee section. The city Zoning Administrator shall
determine non-compliance with this wee section, subject to review by the city council. The
destruction or partial destruction of any Significant Trees in violation of this else section shall
be considered a violation and may result in revocation of the Tree Replacement Kermit or an
action against the financial guarantees.
Subd. 14. Penalties. Any person convicted of violating this wee 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 Ppermit.
Ordinance No. 432
November 20, 2007
12
SECTION II. This ordinance shall become effective upon its adoption and publication.
Adopted by the Medina city council this 20tb day of November, 2007.
CITY OF MEDINA
—17 "7/te
T.M. Crosby, Jr., Mayor
ATTEST:
Chad M. Adams, City Administrator
Published in the South Crow River News on the 26th day of November, 2007.
Ordinance No. 432
November 20, 2007
13
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