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HomeMy Public PortalAbout09-2017Agenda Item: 6 MEMORANDUM TO: Planning Commission FROM: Dusty Finke, Assistant to Planning; through Planning Director Benetti DATE: September 6, 2007 MEETING: September 11, 2007 Planning Commission SUBJ: Tree Preservation Ordinance Background Following feedback from the Commission and Council last month, staff has prepared the attached ordinance. This memo will summarize the changes proposed in the ordinance in relation to last month's discussion. Policy Discussion Summary As a reminder, below are the broad policy points discussed and a summary of the discussion. 1) Should residential districts have separate tree preservation regulations than commercial districts? Both the Commission and Council felt that there should be separate regulations for commercial and residential. 2) What, if anything, should be exempted from the tree preservation requirements? There seemed to be consensus to remove exemptions for driveways, building footprints, etc. There was also discussion at the Council whether removing the exemption for roads and utilities. On the other hand, the Council suggested the addition of an exemption for invasive trees (Buckthorn, Box Elder, etc.) 3) How much tree removal should be allowed without replacement and how do we quantify this measurement? There seemed to be support at the Commission and Council for a graduated allowance based on lot size. There was discussion about how to count this, and how to account for large subdivisions (and improvements that arise because of them) and smaller, lot -specific projects. 4) When replacement is necessary, what should be required? There did not seem to be concerns with the 1:1 general and 2:1 Old Growth replacement requirements. Exempted Removal With the feedback from the policy discussions, staff removed the exemptions for the building footprint, driveway, etc. and added an exemption for removal of invasive trees. The remaining exemptions relate to removal of diseased and damaged trees, removal for emergencies, and trees removed within a nature area or conservation easement. Allowed Removal Staff incorporated a graduated or "sliding -scale" table for allowed tree removal based on lot size. Currently i Lot Size Percent of Significant Trees which may be Disturbed: 0.1-1.0 acre 25% 1.1-5.0 acres 23% 5.1-10.0 acres 20% 10.0-20.0 acres 17% 20.1+ acres 15% From researching tree preservation ordinances within the state, it appears that removal of 20%- 30% is common, with more urban cities tending towards 50%. Bemidji, on the other hand, allows only 10%. As the City updates its ordinances following the Comp Plan Update, it may be necessary to integrate some more permissive standards for higher density residential districts. The ordinance allows for an applicant to either locate and count each significant tree on the parcel, or, in the case of a large stand of trees, allows the applicant to show the area, and count trees by sampling a smaller area within that stand of trees. Staff would have discretion to allow this sampling, and be able to review if it is representative. A clause was added to the ordinance to differentiate work completed for "initial site development" vs. the construction on an individual lot. This clause states that, for example, subdivision improvements (roads, stormwater ponds, grading drainage ways, etc.) would be calculated based on the pre -divided lot size at time of subdivision review. Each lot would than be reviewed at time of building permit, if they remove additional trees. Replacement Requirements The draft ordinance is largely unchanged from the current ordinance in terms of replacement requirements. It still requires 1:1 generally, but 2:1 in Old Growth Forest areas. One concern about a 1:1 caliper inch replacement may be that a 30" tree would need to be replaced with fifteen 2" trees (or ten 3" trees...etc.). That volume of trees may be difficult to place on a single site when these trees become mature. The ordinance does allow for replacement at another location, with Council approval. However, more restrictive ordinances do tend to have lower replacement requirements. A common tool is a table such as the City of Savage uses (see ha1 mail Size of Replacement Trees: 1_ Category A: Trees no less than the following sizes: a. Deciduous Trees - Not less than 4 inches in diameter. b. Coniferous Trees - Not less than 12 feet in height. 2. Category B: Trees no less than the following sizes: a. Deciduous Trees - Not less than 2'.1 inches in diameter. b. Coniferous Trees - Not less than 4 feet in height. 3_ Category C: Trees no less than the following sizes: a. Deciduous Trees - Not less than 1 ' z inches in diameter. b_ Coniferous Trees — Not less than 4 feet in height. Number of Replacement Trees (by Category) Size of Tree Damaged or Destroyed Coniferous---1" to 8" in diameter Coniferous-9" to 12" in diameter Deciduous-6" to 12" in diameter Deciduous-13" to 20" in diameter Deciduous-21"to 30 in diameter Specimen Trees (Deciduous) Greater than 30" in diameter Category A or Category B or Category C 1 1 2 1 1 2 2 4 3 6 2 2 4 2 4 8 12 Councilmembers wished to add a clause to the ordinance giving credit to a property owner for planting trees if they would apply to clear trees in the future. This clause was added, giving an applicant credit against the required replacement if they would exceed the allowed removal. Aggregate Clearing Councilmembers raised the concerns that the ordinance would allow a property owner to remove just under the threshold of allowed cutting, and do so once a year for a number of years. This would be a loophole in the ordinance. Staff added a clause stated that clearing is quantified in the aggregate, regardless of how many times the work is divided up. Native Tree List Councilmembers inquired about the list of trees that are within acceptable for replacement. In particular, they found it strange that Ash was not on the list. Staff is working with DNR and HCES staff to finalize this list. The list may be altered slightly following this research. BMPs Needed for Waiver Commissioners and Councilmembers had briefly discussed how many BMPs should be necessary before a waiver is considered. Currently the draft ordinance requires 2. The BMPs vary so much that it is difficult to compare them to each other, or to value them equally. The fear is that every applicant may attempt to use the 2 "easiest" BMPs. A waiver is ultimately up to the discretion of the Council, but there may be a chance of a "slippery slope" of waivers. Increasing the required number of BMPs may help, but it will ultimately be the responsibility of the City to carefully consider every waiver. Staff Recommendation Staff recommends adoption of the ordinance. Staff seeks special consideration the following matters: 1) the amount of allowed removal; and 2) Replacement requirements. These issues are the major regulatory tools of the ordinance and staff seeks support and/or consensus to present to the Council. Attachments 1. Ordinance 3 CITY OF MEDINA 2052 COUNTY ROAD 24 MEDINA, MN 55340 AGENDA MEDINA PLANNING COMMISSION TUESDAY, September 11, 2007 7:00 P.M. MEDINA CITY HALL 1. Call to Order 2. Public Comments 3. Update from City Council proceedings 4. Planning Staff Report 5. Approval of August 14, 2007 Planning Commission minutes 6. Ordinance Amendment — Section 828.41— Pertaining to Tree Preservation and Replacement. Continued Public Hearing 7. Ordinance Amendment — Section 826 — Pertaining to updating incorrect references within the text of the ordinance. Public Hearing 8. City Council Attendance Schedule 9. Adjourn Posted in City Hall September 7, 2007 MEMORANDUM TO: Planning Commission FROM: Dusty Finke, Assistant to Planning; through Planning Director Benetti DATE: September 7, 2007 MEETING: September 11, 2007 Planning Commission SUBJ: City Council Meeting Representation Below are the dates which Commissioners present in August had signed up to attend City Council meetings for the rest of the year. Please check your calendars so we can fill in the gaps and the back-ups. Meeting Date Primary Representative Alternate Representative August 7, 2007 Doug Sharon August 21, 2007 Jeff September 4, 2007 Jeff September 18, 2007 Robin October 2, 2007 Robin October 16, 2007 November 6, 2007 November 20, 2007 Doug December 4, 2007 Doug December 18, 2007 Charlie January 2, 2008 Charlie Agenda Item: 7 MEMORANDUM TO: Planning Commission FROM: Dusty Finke, Assistant to Planning; through Planning Director Benetti DATE: September 5, 2007 MEETING: September 11, 2007 Planning Commission SUBJ: Ordinance Amendment: Section 826 Reference Corrections Background Recently, staff received an inquiry regarding a clause within the Rural Residential 1 zoning district regulations. This inquiry led staff to a clerical error with a reference in that section. The clause states all development standards of the RR district hold in the RR1 district except for Subd. 3. When you reference subd. 3, it does not make sense for the RR1 district to except the provision. As such, staff conducted research on old ordinances and old minutes and found that the intent was to except subd. 5 (regarding animal structure setbacks). Legal staff suggested that this error be updated, because the erroneous reference, although obviously otherwise intended, could be disadvantageous to the City if anyone were to attempt claim to be exempt from "subd. 3." Since staff was going to suggest an ordinance to correct this error, other references within Section 826 were checked as well. Staff found a number of other incorrect references. Ordinance The ordinance prepared by staff corrects the erroneous section references within Section 826. The changes do not lead to any regulatory changes, but rather clarify the intent of the City from previous ordinances. Staff Recommendation Staff recommends adoption of the ordinance because it will clarify the code and also prevent someone from trying to "find a loophole" through the incorrect references. Attachment 1. Ordinance CITY OF MEDINA ORDINANCE NO. An Ordinance Correcting Certain Erroneous Section References within Section 826 of the City Code Amending Sections 826.09; 826.15; 826.26; 826.26.1; 826.26.3; 826.33 The city council of the city of Medina ordains as follows: SECTION I. Medina Code Section 826.09 is amended by deleting the stricken material and adding the underlined material as follows: Section 826.09. (AG) Permitted Uses. Within the agricultural preservation zoning district, no structure or land shall be used except for one or more of the following uses: Subd. 1. Agriculture. Subd. 2. Essential services. Subd. 3. Home occupations in conformance with section 826,0 -825.07 subd. 49 of this ordinance. Subd. 4. Single family detached residences. Subd. 5. Landspreading of yard waste in compliance with the conditions of section 828.73 of this ordinance. Subd. 6. Seasonal produce stands. Subd. 7. Licensed day care facilities serving 12 or fewer persons. Subd. 8. Licensed group family day care facilities servicing 14 or fewer children. Subd. 9. Licensed residential facilities serving six or fewer persons. SECTION II. Medina Code Section 826.15 is amended by deleting the stricken material and adding the underlined material as follows: Section 826.15. (AG) Lot Area, Height, Lot Width, and Yard Requirements. Subd. 1. Within the agricultural preservation zoning district, no building shall be constructed or used except in conformance with the following: (a) No building shall exceed two and one half (2-1/2) stories or thirty (30) feet in height as defined in section 827.07 825.07, subd. 12, except as regulated by subd. 5 of this section. Farm buildings and agricultural structures are not subject to the height restrictions of this ordinance. (b) The following minimum requirements shall be observed: a) lot size - 40 acres; b) lot width - 500 feet; c) lot depth - 500 feet; d) front yard setback - 100 feet; e) side yard setback - 50 feet; f) rear yard setback - 100 feet. SECTION III. Medina Code Section 826.26 is amended by deleting the stricken material and adding the underlined material as follows: Section 826.26. Rural Residential 1 (RR 1). Subd. 2. All development standards applicable to the RR district contained in sections 826.17 through Section 826.25, inclusive, shall apply to the RR 1 district, except for the provisions contained in section 826.25, subd. 3 subd. 5. SECTION IV. Medina Code Section 826.26.1 is amended by deleting the stricken material and adding the underlined material as follows: Section 826.26.1. Rural Residential - 2 (RR-2). Subd. 2. In addition to the requirements of Section 826 9- 825.39 or Sections 827.27 827.24 et seq., no commercial riding stable may be established in the RR-2 district except in compliance with the following: (a) minimum lot size is 15 acres including roads and 12 acres excluding roads; (b) minimum lot area is .5 acres per horse kept on the property excluding roads; (c) hard surface coverage may not exceed 40 percent of the lot area excluding roads. For the purposes of this section, hard surface includes structures, paved areas, septic and drainfield areas, driveways and parking areas, outdoor arenas, and paddocks. Hard surface coverage of structures, paved areas, driveways and parking areas may not exceed 10 percent of the lot area excluding roads; (d) there must be a primary residential structure located on the property; (e) there must be identified and acceptable primary and alternate septic sites on the property which are sized for the maximum anticipated usage of a commercial stable based on the stable capacity of horses and which follows section 720 Individual Sewage Treatment Systems; (f) all animal feed and bedding must be stored within an enclosed building; (g) manure must be disposed of at an off -site location at least every six months by means of a method approved by the City and the Minnesota pollution control agency; (h) diligent effort must be made to maintain grass in the paddocks by limiting use thereof as appropriate and by providing supplemental feed to prevent over grazing; (i) paddocks must be separated by a minimum distance of 12 feet and planted with grass; (j) all parking must occur on -site but may not occur on the primary or alternate septic sites or on any green area; (k) the number of shows or other events permitted at the stable will be determined by the city council after consideration of the impact of such occurrences on adjacent properties and public facilities. The city council and chief of police must be notified at least 14 days prior to any permitted event; (1) no outdoor speakers may be used except as permitted by the city council in connection with a permitted event; (m) all stables must have indoor sanitary facilities for persons residing or working on the property and must provide supplemental temporary facilities during events and other appropriate times; (n) exterior lighting must be designed and installed so that the light source is recessed and enclosed on all sides except the bottom so that no light is cast directly or indirectly on any other property and so that the light source cannot be seen from adjacent property; (o) all requirements of the fire code and fire marshal must be met; (p) trash containers must be located inside or screened in an acceptable manner; (q) hours of operation and the number of permitted employees will be determined by the city council after consideration of the impact on adjacent properties; (r) food consumed on site at permitted events or shows must be prepared in accordance with all applicable state and county health codes and regulations; (s) there may not be living quarters in a barn unless there is an approved and operational septic system; and (t) stable operators are responsible for preventing trespassing on adjacent properties by patrons and horses. SECTION V. Medina Code Section 826.26.3 is amended by deleting the stricken material and adding the underlined material as follows: Section 826.26.3. (SR) Permitted Uses. Within the Suburban Residential district no structure or land shall be used except for one or more of the following uses: Subd. 1. Single family detached residences. Subd. 2. Agricultural land uses, except keeping livestock. Subd. 3. Essential services. Subd. 4. Public recreation. Subd. 5. Home occupations in compliance with the conditions of Section 826.98, Subd. 2 (c) Section 825.07, subd. 49 of this ordinance. Subd. 6. Licensed residential care facilities serving six or fewer persons. Subd. 7. Licensed day care facilities serving 12 or fewer persons. SECTION VI. Medina Code Section 826.33 is amended by deleting the stricken material and adding the underlined material as follows: Section 826.33. (UR) Permitted Accessory Uses. Within the Urban Residential District the following uses shall be permitted accessory uses: Subd. 1. Off-street parking space not to exceed three spaces per dwelling unit. Subd. 2. Garages. Subd. 3. Fences. Subd. 4. Gardening and other horticultural uses where no sale of products is conducted on the site. Subd. 5. Recreation equipment. Subd. 6. Home Occupations in compliance with the requirements of section 826.98, Subd. 2 Ee 825.07, subd. 49 of this ordinance. Section VII. This ordinance shall take effect upon its adoption by the city council and publication in the city's official newspaper. Adopted by the Medina city council on the _day of , 2007. CITY OF MEDINA T.M. Crosby, Jr., Mayor ATTEST: Chad M. Adams, City Administrator -Clerk Published in the Crow River News this _ day of , 2007. CITY OF MEDINA ORDINANCE NO. An Ordinance Pertaining 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 stricken 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) improved air quality; (b) reduced noise pollution; (c) improved water quality; (d) prevention of soil erosion; (e) energy conservation through natural insulation and shading; (f) control of the urban heat island effect; (g) 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; (i) enhancement of the city's physical and aesthetic environment; and (j) 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: (a) "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. (b) "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 spoil site locations. A Development Site includes both the Primary and Secondary Construction Zones. (e) "Diameter" is the width of a Tree's trunk, measured at four (4) feet above the ground and measured in caliper inches. (f) "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. (h) "Erosion" is the wearing away of ground surface as a result of the movement of wind, water, ice and/or land disturbance activities. (i) (i) "Forestry Specialist" is a person certified in urban forestry functions and management, who has been retained by the city, or an applicant. "Initial Site Development" is limited to the following activities: grading and construction of streets, trails, and sidewalks; installation of utilities, including water, sanitary sewer, storm sewer, natural gas, electric, and cable television; grading and construction of drainage ways and storm detention areas. (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: (i) 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); (ii) 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). (k) "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. (1) "Natural Resources Inventory" is a document developed by city that denotes where regionally significant natural resources are located within city. (m) "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. (n) "Principal Structure" means any building or structure on the property in which the main use of the property takes place. (o) "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) "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. (r) "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) "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. (t) "Subdivision" consists of the division of a parcel into two or more lots whether by survey or plat. (u) "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. (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) "WCA" means the "Wetland Conservation Act," Minnesota Statutes Sections 103G.222-.2373. (x) "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 non-invasive significant trees; (a) 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 (d) removal of more than one (1) acre of Significant Trees. 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; (b) removal of less than one (1) acre of Significant Trees; (a) removal of invasive, non-native trees such as box elder and buckthorn; (c) 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; (e) removal of a Tree that has been determined by a Forestry Specialist to be Diseased; (I) the installation of telephone, cable television, electric poles and other kinds of utility lines or service connections to these utilities; (g) 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; (i) 0) removal of Trees that are damaged by storms or natural disasters; and 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 Tree) that may be disturbed with respect to activities subject to this ordinance which shall not (a) All Significant Trees within the area of the footprint of the Principal Structure; (b) ; (e) 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. Average 50 feet around Ouse lr.s. Building Setback Lines Subd. 6. Allowed Tree Disturbance. (a) The following is the allowed amount of Significant Trees which may be removed with respect to the activities subject to this ordinance which shall not require replacement. Lot Size Percent of Significant Trees which may be Disturbed: 0.1-1.0 acre 25% 1.1-5.0 acres 23% 5.1-10.0 acres 20% 10.1-20.0 acres 17% 20+ acres 15% (b) For activities that include subdivision of property and/or dedication of public or private right-of-way, allowed removal for initial site development shall be based on the lot size prior to subdivision. Removal for development of each individual parcel shall be based on the lot size after subdivision. 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: (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 drives 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, in order to preserve Old Growth Forest Remnants, Significant Trees and open space; (i) The preservation of unique and rare Tree species 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 ordinance e-xeee the "llewea Distu-t,.,nee- , a Tree Preservation and Tree Replacement plan must be submitted by the applicant for review and approval by the city. To the extent possible, Old Growth Forest Remnants, Woodlands, Significant Trees and Natural Habitat areas shall be preserved. The Tree Preservation and Replacement Plan shall include the following: (a) Tree Inventory. 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 preserved The tree inventory shall identify significant trees on the property. It shall include: (i) Location and list of significant trees by species. An applicant may, with staff consent and pending staff review, identify large stands of trees by showing the area on the site plan, and using a representative sample to calculate the number and species of significant trees. (ii) Trees proposed to be removed, marked with an "X" on the site plan. The size of each removed tree, in caliper inches, shall also be noted. (iii) Identification of areas within Old Growth Remnant Forests, identified by City natural resources data. If an applicant wishes to adjust the data based on their 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. Secondary Construction Zones including areas designated for primary and secondary septic locations: (0 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 (ii) 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; (iii) 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 ' use-ef protectie fencing; and (v) Any existing and/or proposed Conservation Easements. (b) Tree Preservation Plan. The Plan shall identify protective fencing placed one foot beyond the drip line of all trees to be preserved, along with any other measures which may be necessary to preserve the trees. (c) Tree Replacement Plan. If proposed removal exceeds that allowed by Subd. 6 of this ordinance, a Tree Replacement Plan shall be required. The Tree Replacement Plan shall contain the information required below about each Replacement Tree. The Tree Replacement Plan shall be submitted by the applicant for review and approval by the city. The Tree Replacement Plan shall be certified by a Forestry Specialist. Tree Replacement Requirements: (i) 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. (iii) 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 Survival 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. (v) Credit for Previously Planted Trees. An applicant may, if they have previously planted trees on the property while under their ownership, receive credit for these trees as part of a Replacement Plan. The trees must have met the requirements of Replacement Trees stated above. The size of the tree at time of planting shall be used in determining how much credit is received. The applicant must produce proof, acceptable to the City, that the planting occurred under their ownership and also proof to the size of the tree at time of planting. (c) 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. (d) Protection of Undisturbed Trees. Trees that are to be preserved undisturbed on the beyond the Tree's Crown Dripline. 0/_) 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): (a) Aspen, bigtooth (also called largetooth aspen, poplar, popple)(Populus grandidentata); (b) Aspen, quaking (also called trembling aspen, poplar, popple)(Populus tremuloides); (c) Basswood, American (Tilia Americana); (d) Birch, paper (Betula papyrifera); (e) Birch, river (Betula nigra); (f) Birch, yellow (Betula alleghaniensis); (g) Butternut (Juglans cinerea); (h) Cedar, eastern red (also called juniper) (Jumperus virginiana); (i) Cedar, northern white (Thuja occidentalis); (j) Cherry, black (Prunus serotina); (k) Cherry pin (Prunus pensylvanica); (1) Coffeetree, Kentucky (Gymnocladus dioica); (m) Elm, American (Ulmus Americana); (n) Elm, slippery (also called red elm) (Ulmus rubra); (o) Fir, balsam (Abies balsamea); (p) Hemlock (Tsuga Canadensis); (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, mountain (Acer spicatum); (x) Maple, red (Acer rubrum); (y) Maple, silver (Acer saccharinum); (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 (Pious strobes); (jj) Pine, jack (Pinus banksiana); (kk) Pine, red (also called Norway pine)(Pinus resinosa); (11) Spruce, black (Picea mariana); (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, Any activity regulated by this ordinance shall require the applicant must to obtain a Tree Replacement Permit from the City by filing an application with the City. The application shall include the Tree Inventory A Tree Preservation 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. Aggregate Tree Removal; Multiple Permits. Tree removal on property following the effective date of this ordinance shall be considered in aggregate with regards to allowed removal and replacement requirements. Subd. 4-213. 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. 4-3-14. 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. 44 4-5. 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. Section II. This ordinance shall take effect upon its adoption by the city council and publication in the city's official newspaper. Adopted by the Medina city council on the _day of , 2007. CITY OF MEDINA T.M. Crosby, Jr., Mayor ATTEST: Chad M. Adams, City Administrator -Clerk Published in the Crow River News this day of , 2007.