HomeMy WebLinkAboutCc1307 1307
An Ordinance providing for the management, protection and care of significant trees and other
vegetative growth in the City of Oak Park Heights and the preservation of trees in land
development.
THE CITY COUNCIL FOR THE CITY OF OAK PARK HEIGHTS DOES HEREBY
ORDAIN:
Section One. Amendment.
The Code of Ordinances of the City of Oak Park Heights shall be amended to add
Chapter 1307 regulating, protecting and providing for the care and management of
significant trees and vegetation within the city providing as follows:
1307.010 Purpose.
The City of Oak Park Heights finds that it is in the best interests of the community
to protect, preserve and enhance the natural environment by encouraging a
resourceful and prudent approach to the development and alteration of wooded
areas. The City also finds that it is in the best interests of the community to
require licensing of commercial arborists. It is the intent of this ordinance to
protect the community's existing tree resource by preservation and protection of
established trees, by promoting proper tree maintenance practices and by
requiring the replacement of trees which are damaged or removed in the course of
private residential or commercial development or construction activities. The City
recognizes that trees and other vegetation help to stabilize soils, reduce storm
water runoff, aid in the removal of carbon dioxide and the production of oxygen,
provide a buffer and screen against both noise pollution and objectionable views,
provide wildlife habitat, protect and increase property values, conserve and
enhance the City's physical and aesthetic environment, and enhance the quality of
life of the City's residents. Therefore, this ordinance is designed to minimize tree
damage and loss, and mitigate tree removal resulting from development in areas
where significant trees or tree cover occur within the City.
1307.020 Applicability.
This ordinance shall apply to parcels of land, one acre or larger, containing at
least five significant trees. It shall also apply to parcels containing smaller native
woody understory vegetation which covers an area of at least 10,000 sq. ft.,
especially when such an area is contiguous with other natural areas and serves as
a wildlife corridor, or when such an area is a buffer to wetland and riparian areas,
or provides a separation between land uses.
This section shall apply to parcels being developed within the City of Oak Park
Heights and apply to mining or other land alteration, expansion of commercial,
industrial or institutional building or impervious surfaces, or any other project that
would require a grading permit from the city. This ordinance shall not apply to
public improvement projects consisting of street, public utility, parks,
playgrounds or similar projects initiated and constructed by local government.
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1307.030 Definitions.
(a) dbh : Diameter at breast height - diameter of a tree measured at a point
approximately 54 inches above the ground.
(b) significant tree: A healthy deciduous tree measuring at least 8 inches dbh, or a
healthy coniferous tree at least 10 feet in height. For slower - growing or smaller
stature tree species, healthy specimens would be considered significant at 4 inches
dbh for ironwood, bur oak or bicolor (swamp white) oak, and two inches dbh for
pagoda dogwood or serviceberry. Deciduous softwood species such as
cottonwood and silver maple would be considered significant at a size of 12
inches dbh when growing within a floodplain or other riparian area, and
significant at a size of 20 inches dbh when growing on other sites. Boxelder,
buckthorn (Rhaninils cathartica or R. fi- angina ) and Siberian elm would not be
considered significant trees at any size.
(c) native woodv understory vegetation: shrubs and small trees which are
components of natural (unplanted) woodland and brushland areas in Minnesota
and which provide important benefits in terms of wildlife habitat, prevention of
soil erosion and slowing of runoff.
(d) caliper inches: The diameter of a tree measured at six inches above the ground
(usually used for trees whose trunks are less than 4 inches in diameter)
1307.040 License Reauired for Commercial Tree Pruning, Chemical Treatment
or Removal
(a) License application and fee. It shall be unlawful for any person to conduct as a
business the cutting, trimming, pruning, removal, spraying or otherwise
treating of trees in the City without first having secured a license.
1. Application for said license shall be made at Oak Park Heights City
Hall on a form which has been approved by the City.
2. The annual fee for such a license shall be set by the City and said fee
will be reviewed annually and specified by resolution.
3. All licenses issued shall expire on the 31st day of December following
the date of issue.
(b) Proof of Insurance. All applicants for the license must file with the City of
Oak Park Heights proof of a public liability insurance policy covering all
operations of the applicant hereunder for the sum of at least three hundred
thousand dollars ($300,000.00) combined single limit coverage. If such
insurance is canceled and the licensee fails to replace the same with another
policy, which conforms to the provisions of this section, the license shall be
automatically suspended until the liability insurance is replaced.
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(c) Chemical Treatment Reauirements. Applicants who propose to use chemical
substances in any activity related to treatment or disease control of trees shall
file with the City of Oak Park Heights proof that the applicant administering such
treatment has been certified by the State Dept. of Agriculture as a "Commercial
Pesticide Applicator" for the current year of operation.
(d) Revocation of license. Failure to comply with any part of the tree work
license will result in the revocation of the license by the City Council, following a
public hearing. Written notice of said public hearing shall be mailed at
least ten (10) days prior to said hearing to the current holder of the
license. Such notice should outline the violation(s) considered by the
City to be grounds for revocation and inform the current holder of the
license of the opportunity to be heard at such public hearing.
(e) Penaltv for Doing Commercial Tree Work without a License.
Violation of the terms and provisions of this ordinance shall constitute a
misdemeanor punishable by ninety (90) days in jail and up to a $700.00 fine or
any combination of the two.
1307.050. Tree Protection
(a) Tree Protection Methods
1. All residential and commercial development of land within the City of
Oak Park Heights shall adhere to the tree protection standards of the City.
The tree protection standards of the City shall be those as are adopted by
resolution of the City Council from time to time.
(b) Tree Protection Plan
1. As part of any application for subdivision, planned unit development or
other development of residential or commercial property, a tree protection
plan shall be submitted to and reviewed by the Municipal Arborist.
2. The tree protection plan shall be submitted with preliminary
subdivision or development plans and incorporated as part of a grading
plan or as part of a landscape plan, as required by the type of project. The
plan must be certified by a forester, landscape architect, or land surveyor
retained by the applicant and approved by the City. All costs associated
with the preparation of the tree protection plan will be borne by the
applicant.
3. The tree protection plan shall be reviewed by the Municipal Arborist to
assess the best possible layout to preserve significant trees and areas
of native woody vegetation, and to enhance the efforts to minimize
damage to the same. The applicant shall meet with the Municipal Arborist
and Community Development Director to discuss tree preservation on the
site prior to submission of the development application or prior to
application for the grading permit, whichever is sooner.
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4. The tree protection plan shall include the following information:
a. the name(s), telephone number(s) and address(es) of
the applicant.
b. location of all buildings, structures, or impervious surfaces
situated upon or contemplated to be built upon the land.
c. delineation of all areas to be graded and the limits of land
disturbance.
d. size, species and location of all existing significant trees, and
delineation of the canopy cover of areas of native woody
vegetation greater than 10,000 square feet in size. The data on
the significant trees should also be listed in tabular form on the
plan or included as an
attachment.
e. measures to be taken to protect significant trees, and large
areas of native woody vegetation.
f. signature of the person(s) preparing the plan, their certification,
and employer or firm, including address and phone number.
1307.060. Tree Removal
(a) The City recognizes that a certain amount of tree removal is an inevitable
consequence of the development process. It is expected, however, that driveways,
parking lots, buildings, and other parts of the private development will be situated
in such a way as to maximize preservation of significant trees and minimize
damage to natural areas.
(b) In the enforcement of this ordinance, the City may give preference to the
preservation of those trees considered to be of higher quality or value because of
their size, species, location, and /or condition.
(c) No removal of trees or areas of smaller native woody vegetation larger than
10,000 sq. ft. shall be allowed on parcels covered by this ordinance, until the site
plan and tree protection plan for the project have been approved by the Municipal
Arborist and the Community Development Director.
1307.070 Tree Renlacement Reauirements.
1. The applicant shall be required to replace significant live trees lost or
reasonably anticipated to be lost as a result of grading, or building upon,
the parcel as determined in accordance with the following formula:
A = Total Diameter Inches of Significant Trees Lost as a Result
of the Land Alteration
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B = Total Diameter Inches of Significant Trees Situated on the Land
C = Tree Replacement Constant (1.33)
D = Replacement Trees (Number of Caliper Inches)
[(AB)xC]xA =D
2. Credit for Tree Preservation - If 50% or more of the existing significant
trees are to remain on the parcel undisturbed during and after the course of
development, 10% less caliper inches of replacement trees will be
required.
3. Woodland Type Factors - For projects which remove more than
1500 diameter inches of significant trees, the tree replacement requirement
will be modified by multiplying the caliper inches of replacement trees by
the following woodland type factors: oak (primarily oak species (100 %),
mixed hardwood (primarily native hardwood species other than oak
(80 %), conifer (primarily evergreens, native or introduced (65 %),
softwood deciduous (cottonwood, aspen, silver maple (50 %).
4. Where trees are less than significant size, if areas of native woody
vegetation greater than 10,000 sq. ft. in size are damaged or destroyed, the
applicant shall be required to install 1 replacement tree for every 1,000 sq.
ft. of native woody vegetation damaged or destroyed.
5. If the land which is being developed contains trees grown as
a crop, i.e. a nursery or tree farm, all efforts shall be made to move trees
which will be good landscape specimens to other portions of the property
or to other properties within the community. Tree replacement caliper
inches will only be required for those crop trees which are of significant
size and are destroyed in the development process. Replacement inches in
this situation will be calculated by taking the total diameter inches of
significant crop trees destroyed and multiplying this number by the
woodland type factors above and also by the following condition factors:
trees. Trees relocated to other areas of the development property may also
be counted as part of the caliper inches of poor (20 %), fair (50 %), good
(80 %).
6. The requirement for replacement trees may in part be satisfied by trees
which are required to be planted in accordance with any other provision of
the Code. New trees included in a landscape plan submitted for the
development may be counted as part of the caliper inches of replacement
replacement trees. Trees existing on the property which are relocated to
other properties in the community will be credited towards replacement at
half of their caliper inch total.
7. Location of Replacement Trees. Replacement trees shall be planted in
one or more of the following areas on the land:
a. restoration areas including steep slopes
b. outlots or common areas
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c. buffer zones between different land uses and /or
activities
d. project entrance areas
e. any other part of the land except any part thereof
dedicated or conveyed to the City, unless the City
consents thereto
f. on other parcels of land within the city, public or private,
subject to the approval of the City of Oak Park Heights and the
property owner.
8. Replacement Trees
a. Species. Replacement trees shall be species which
are included on the approved tree list of the City of Oak Park
Heights and shall include species indigenous to the area, and
species similar to those lost or removed. Not more than 20% of the
replacement trees shall be of the same species.
b. Size A minimum of 2.0 caliper inches for deciduous trees
(except bur oak, bicolor oak, ironwood, and ornamental trees,
which may be 1.25 caliper inches), and a minimum of 6 feet in
height for coniferous trees.
c. Warrantv Requirements - Any replacement tree which is not
alive or healthy, as determined by the Municipal Arborist, within
two growing seasons after the date of the planting of the last
replacement tree, shall be removed by the Applicant and replaced
with a new, healthy tree meeting the same species and size
requirements.
d. Planting Standards - Planting specifications for replacement
trees shall adhere to the tree and shrub planting standards of the
City of Oak Park Heights.
The tree and shrub planting standards of the City shall be those as
are adopted by resolution of the City Council from time to time.
9. Tree Replacement Plan Required
a. Applicant shall provide a plan showing the size, species,
and location of all replacement trees proposed to be planted on the
property in accordance with the tree replacement requirements.
b. No planting of trees shall be allowed on parcels covered by this
ordinance, until the tree replacement plan for the project has been
approved by the Municipal Arborist and the Community
Development Director.
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10. Payment in Lieu of Tree Replacement.
In development of lands under this ordinance should the applicant
determine that there is insufficient opportunity within the
development to replace trees lost or anticipated to be lost as a
result of the development the applicant may request of the city
council permission to pay an amount into the city tree fund an
amount equal to the value of the required replacement tree. The
city tree fund, upon receipt of such funds as may be authorized by
the council under the provisions of this ordinance, shall act as a
dedicated fund to provide for the care and replacement of shade
trees within the City of Oak Park Heights.
1307.080. Inspection and Enforcement
All site inspections shall be carried out by the Municipal Arborist under the
following criteria:
1. Site inspection shall occur prior to issuance of grading permit to
confirm that a tree inventory and tree protection measures are in
place.
2. An additional site inspection shall be performed after completion of
final grading to evaluate any tree damage or removal caused by the
proj ect.
3. On wooded lots —
(a) Site inspection shall occur prior to issuance of a building
permit to confirm that tree protection measures are in place
(b) An additional site inspection shall occur prior to issuance of
Certificate of Occupancy to evaluate if any additional tree
damage or removal has occurred.
4. For any additional tree damage discovered during site inspections
resulting in tree mortality and /or removal, there shall be restitution
made to the City by paying $100.00 per diameter inch of significant
trees destroyed.
1307.090 Agreement to Replace Trees - Security
A. Prior to the issuance of any subdivision, planned unit development or grading
permit, the applicant shall enter into a written agreement with the City of Oak
Park Heights in a form to be approved by the City Attorney and City
Administrator which agreement shall include provisions providing for the
following:
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1. The Developer shall undertake to comply with the provisions and conditions
imposed by this Section and in connection with any such approval or issuance
of a permit.
2. The Developer shall indemnify the City against any loss, cost or expense,
including an amount for reasonable attorneys' fees incurred in enforcing the
terms of such agreement.
3. The Developer shall provide security for the performance of its obligations
pursuant to such agreement. The security may consist of a bond, cash or
escrow deposit, all in such form and substance as shall be approved by the
City Attorney. The amount of security shall be 150% of the estimated cost to
furnish and plant the replacement trees. The estimated cost shall be at least as
much as the reasonable amount charged by nurseries for the furnishing and
planting of the replacement trees and shall be subject to approval by the
Municipal Arborist.
3. The security shall be maintained at least for two growing seasons after the
date the last replacement tree has been planted. Upon a showing by the
Developer and inspection by the Municipal Arborist, that portion of the
security may be released by the City equal to 150% of the estimated cost of
the replacement trees which are alive and healthy at the end of the
performance period. Any portion of the security not entitled to be released at
the end of the performance period shall be maintained and shall secure the
Developer's obligation to remove and replant replacement trees which are not
alive or are unhealthy, and to replant missing trees. Upon completion of the
replanting of such trees, the entire security may be released. Notwithstanding
the foregoing, no portion of the security shall be released while there are
unsatisfied Developer's obligations to indemnify the City for any expenses
incurred in enforcing the terms of the agreement provided for in this
subsection.
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