(a)

The purpose of this part is to identify trees that are to be saved when development or land disturbing activity is occurring in the City.

(b)

It is the City's intent to protect, preserve and enhance the natural environment of the City and to encourage a resourceful and prudent approach to development. In the interest of achieving these objectives, the City has established tree preservation regulations to promote the following:

(1)

Protect and preserve the environment and natural beauty of the City;

(2)

Assurance of orderly development to minimize tree and habitat loss;

(3)

Evaluation of the impacts to trees resulting from development;

(4)

Establishment of minimum standards for tree preservation and the mitigation of environmental impacts resulting from tree removal;

(5)

Prevent and reduce soil erosion and sedimentation;

(6)

Protect wildlife habitat and maintain wildlife corridors;

(7)

Increase and maintain property values; and

(8)

Maintain vegetative buffers.

(Code 2015, § 153.150; Ord. No. 239, 1-25-2010)

The following words, terms and phrases, when used in this part, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Best management practices (BMP) means 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 remnants.

Critical root zone means the root system within the tree dripline.

Crown cover means the protective canopy created by the overlapping leafy heads of trees that shelters the habitat beneath it.

Diameter means the width of a tree's trunk, measured at four feet above the ground.

Dripline means 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.

Forestry specialist means a person certified in urban forestry functions and management, who has been retained by the City, or an applicant.

Hardwood tree means a sugar maple, basswood, any oak species, red maple, hickory, white ash, black cherry, or ironwood.

Lost trees means significant trees in areas to be preserved but that die as a result of construction or development site improvement activities.

Replacement trees means trees that replace removed significant trees.

Significant tree means a healthy tree meeting one of the following:

(1)

A hardwood deciduous trees, as defined herein, measuring a minimum of six inches in diameter;

(2)

All other deciduous tree (common), measuring a minimum of 12 inches in diameter;

(3)

A coniferous (evergreen) tree, having a minimum height of 12 feet; and

(4)

Ornamental trees, six inches in diameter.

Tree means a woody plant which, at maturity, is 12 feet or greater in height and that has a more or less defined crown.

Tree preservation and replacement plan means 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.

(Code 2015, § 153.151; Ord. No. 239, 1-25-2010)

A tree preservation plan shall be submitted to and approved by the City and implemented in accordance therewith in connection with any of the following:

(1)

When 30 percent of the total diameter inches of all trees and significant trees on the property are to be considered for removal; and

(2)

Any project for which a City permit is required for site plan review, subdivision or other land disturbance impacts as determined by staff.

(Code 2015, § 153.152; Ord. No. 239, 1-25-2010)

The following activities are exempt from the requirements of this part:

(1)

Removal of invasive species of trees as defined by the Minnesota Department of Natural Resources and the control of pioneering tree species such as boxelder when needed to manage other ecosystems and where the removal will not cause erosion or damage to riparian areas;

(2)

Removal of a tree that has been determined by a forestry specialist to be diseased or dying;

(3)

Removal of trees that poses an immediate danger to life or property;

(4)

Removal of trees that are significantly damaged by storms or natural disasters;

(5)

Removal of trees within an existing conservation easement, which is consistent with an existing private management plan; or

(6)

Removal of trees within public rights-of-way approved by the City.

(Code 2015, § 153.153; Ord. No. 239, 1-25-2010)

(a)

The tree preservation plan shall reflect the developer's best effort to determine the most feasible and practical layout of buildings, parking lots, driveways, streets, storage and other physical features, so that the fewest significant trees are destroyed or damaged.

(b)

The tree preservation plan shall be submitted with preliminary subdivision plans, site plans or other land disturbance impacts as determined by staff and as required by the planning approval process. All tree preservation plans must be certified by a forester or landscape architect or other agent retained by the applicant and approved by the City.

(c)

All applicants shall submit a tree preservation plan prepared in accordance with the provisions of this section. The tree preservation plan shall include the following information:

(1)

The name, telephone number and address of applicants, property owners, developer and/or builders;

(2)

Delineation of the buildings, structures or impervious surfaces situated thereon or contemplated to be built thereon;

(3)

Delineation of all areas to be graded and limits of land disturbance;

(4)

Size, species and location of all existing trees and significant trees should be identified in both graphic and tabular form;

(5)

Delineation of the existing crown coverage area, which outlines all areas covered, by tree canopy;

(6)

Identification of all trees and significant trees proposed to be removed within the construction area. These trees and significant trees should be identified in both graphic and tabular form;

(7)

Measures to protect significant trees;

(8)

Size, species and location of all replacement trees proposed to be planted on the property in accordance with the tree replacement schedule; and

(9)

Signature of the person preparing the plan, the certification and employer or firm.

(Code 2015, § 153.154; Ord. No. 239, 1-25-2010)

(a)

A certain amount of tree removal is an inevitable consequence of the development process. Nevertheless, construction of streets, utilities, driveways, parking lots, buildings and other facilities must be located in a manner to save as many significant trees as possible.

(b)

Up to 30 percent of the total diameter inches of the tree inventory (trees and significant trees) may be removed without a replacement plan.

(c)

No clear cutting of trees on any property shall be permitted except as approved in a subdivision, planned unit development or site plan application.

(d)

Tree removal allowance without replacement shall be permitted within:

(1)

The width of the required right-of-way for public streets and easements for utilities, including ponding; and

(2)

The areas improved for reasonably sized driveways and parking lots and ten feet around those improvements and within building footprints and 15 feet around the building foundations; in accordance with the City-approved tree preservation plan.

(e)

Exception. When practical difficulties or practical hardships result from strict compliance with the provisions of this section, the City may permit significant tree removal in excess of the allowable limits.

(Code 2015, § 153.155; Ord. No. 239, 1-25-2010)

(a)

Protection during development. Tree protection shall be provided as described below.

(1)

Installation of snow fencing or polyethylene laminar safety netting at the drip line or critical root zones of groups of trees to be saved. Signs shall be placed along this fence line prohibiting grading beyond the fence line.

(2)

Installation of erosion control measures per approved plans.

(3)

Tree protection measures shall be kept in place and in good condition until all grading and construction activity has ceased and approved by the City.

(4)

When working near or within a critical root zone the following information shall be provided at the time of approving the tree preservation plan:

a.

Wherein authorized excavations it becomes necessary to expose or cut roots more than one inch in diameter, it shall be the duty of the contractor to protect such roots under advice from the City;

b.

All open trenching is prohibited. Utility installation within the drip line of protected trees, during construction or thereafter, can only occur using trenchless methods; and

c.

The mowing, clearing and grubbing of brush located within or under the drip line of protected trees may be allowed, provided such mowing, clearing or grubbing is accomplished by hand or by mowers. The use of heavy equipment for this purpose shall not be allowed.

(b)

Implementation of BMPs. The City may require the following best management practice (BMP) measures be implemented to accomplish or increase protection of significant trees:

(1)

Installation of retaining walls or tree wells to preserve trees;

(2)

Placement of utilities in common trenches outside of the drip line of significant trees, or use of tunneled installation;

(3)

Use of tree root aeration, fertilization and/or irrigation systems;

(4)

Transplanting of significant trees into a protected area for later moving into permanent sites within the construction area;

(5)

Therapeutic pruning; and

(6)

Other BMPs as deemed appropriate during review of the project.

(c)

Protection timeline. Trees identified on the tree preservation plan shall be protected throughout the development and construction process. The City's enforcement of the tree preservation plan shall cease upon the issuance of a certificate of occupancy or when all grading has been completed and accepted by the City.

(Code 2015, § 153.156; Ord. No. 239, 1-25-2010)

(a)

No soil disturbance shall occur until the tree protection, preservation, replacement and/or reforestation plan are approved, financial securities have been submitted and development agreement approved, and tree measures are in place on site.

(b)

Construction staging areas and areas for the storage of equipment and stockpiling of materials shall not be within tree protection areas.

(c)

Fill shall not be placed against tree trunks, under the drip line or in critical root zones of trees to be saved.

(d)

Pruning of oak trees shall not take place April 1 through July 15. If wounding of oak trees occurs, a non-toxic tree wound dressing shall be applied immediately. Excavators shall have a non-toxic tree wound dressing with them on the development site.

(Code 2015, § 153.157; Ord. No. 239, 1-25-2010)

(a)

Tree replacement or cash in lieu. In any development or site that the tree allowable removal limits are exceeded, the applicant shall mitigate the tree loss by either reforestation or cash payment. The number and size of replacement trees will be calculated based upon the tree replacement schedule. On-site replacement will be the primary goal. However, replacement may occur within the greater development or within public land. The City shall determine which form of mitigation shall be utilized and the amount of payment when cash in lieu mitigation is approved.

(b)

Trees and soil type. All replacement trees shall be appropriate for the soil conditions found at the planting site.

(c)

Prohibited trees and shrubs. The following trees and shrubs are prohibited as replacement trees within the City:

(1)

Cottonwood (except for cottonless cultivars);

(2)

Female ginkgo;

(3)

Boxelder;

(4)

American elm (except for disease resistant varieties);

(5)

Siberian or Chinese elm;

(6)

Silver maple (except seedless cultivars);

(7)

Mulberry;

(8)

Black locust;

(9)

Black walnut;

(10)

Green ash (except seedless cultivars);

(11)

Buckthorn; and

(12)

Seeded ornamental trees with fruit that is not persistent.

(Code 2015, § 153.158; Ord. No. 239, 1-25-2010)

(a)

Replace 50 percent of the total diameter inches of all significant trees lost. Replace 25 percent of total diameter inches of all other types of trees including coniferous, common and ornamental.

(b)

Species requirement is where ten or more replacement trees are required, not more than 50 percent of the replacement trees shall be of the same species of tree without the approval of the City. The applicant is encouraged to plant species indigenous to the area.

(c)

All replacement, reforestation and other required plantings shall be planted during an ideal planting season for a particular species, unless otherwise authorized by the City. The applicant shall submit a usable inventory of trees planted during an applicable planting season.

(d)

In enforcing this section, the City may give preference to the preservation of higher quality significant trees over less desirable trees. A tree may be considered of higher quality based on its species, size, location or other relevant factors.

(e)

In addition to other landscape requirements, the planting of trees for replacement purposes shall be in addition to any other City landscape requirements as per other City guidelines and ordinances.

(f)

Minimum landscaping requirements include all open areas of a lot which are not used or improved for required parking areas, drives or storage shall be landscaped with a combination of overstory trees, ornamental trees, shrubs, flowers, ground cover, decorative walks or other similar site design materials in a quantity and placement suitable for the site. A reasonable attempt shall be made to preserve as many existing trees as is practicable and to incorporate them into the development.

(Code 2015, § 153.159; Ord. No. 239, 1-25-2010)

(a)

Amount of guarantee. Any applicant requiring a tree preservation plan per section 10-669 shall provide the required performance guarantee following preliminary approval of the tree preservation plan and prior to any construction and/or grading. The amount of the performance guarantee to be submitted, specific to the tree preservation fulfillment, shall be calculated as follows:

(1)

150 percent of the cost of completing the tree replacement mitigation as determined by the City; and

(2)

An amount to guarantee preservation of all trees, identified by the approved tree preservation plan to be preserved. The amount shall be calculated by determining the cost of replacement for trees located on the fringe of grading and development.

(b)

Amount of cash in lieu. The cash fee in lieu of replacement will be set forth in the City fee schedule, and payment shall be deposited into an account designated specifically for new tree plantings and/or pruning/maintenance of existing trees on City property.

(c)

Warranty requirements. Any replacement tree which is not alive or healthy, as determined by the City, or which subsequently dies, other than those damaged by storms or other acts of God, or diseased, unless caused by construction activity, within one year after the date of project closure, shall be removed by the applicant and replaced with a new, healthy tree meeting the same minimum size requirements within 60 days of removal. When additional time is needed due to seasonal conditions, tree replacement must occur at a date approved by staff within eight months of removal.

(d)

Replacement. Should any tree require replacement during this one-year period, the replacement period shall start at the date of replacement. Except as provided herein, the replacement period shall not extend beyond two years from the original planting date.

(e)

Final inspection. The developer shall contact the City for a final inspection to be made at the end of the replacement period. All trees not exhibiting a healthy, vigorous growing condition, as determined by the City inspection, shall be replaced at the expense of the developer.

(f)

Release of guarantee. The performance guarantee will be released one year after project closure upon verification by the City that the tree preservation plan was followed and that the tree replacement schedule was complied with. Project closure will be determined by the City but may consist of issuance of a certificate of occupancy, completion of final grading or completion of one phase of the development project.

(g)

Prior to project closing. As trees are declared healthy by the City upon inspection, the escrow holder or representative may request reductions to the security amount provided adequate funds remain equal to 125 percent of the cost to complete remaining work.

(Code 2015, § 153.160; Ord. No. 239, 1-25-2010)

(a)

Compliance with plan. The applicant shall implement the tree preservation plan prior to and during any construction. The tree protection measures shall remain in place until all grading and construction activity is terminated, or until a request is made to and approved by the City staff.

(b)

Tree removal. No significant trees shall be removed at any time if there is a tree preservation plan approved by the City.

(c)

Removal of preserved tree. If a significant tree intended to be preserved is removed without permission of the City or damaged due to construction activities so that it is in a state of decline within one year from the date of project closure, a cash mitigation fee shall be remitted to the City or the applicant shall mitigate the tree removal through replacement as approved by the City. Use of tree replacement or cash fee will be at the sole discretion of the City.

(d)

Inspections. The City shall have the right to inspect the development and/or building site in order to determine compliance with the improved tree preservation plan. The City shall determine whether compliance with the tree preservation plan has been met.

(Code 2015, § 153.161; Ord. No. 239, 1-25-2010)

(a)

Authority. The City shall have the right, but does not have the obligation, to plant, prune, maintain and remove trees, plants and shrubs within the public right-of-way of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds.

(b)

Trimming, pruning or removing trees. No one other than City employees or their designee may trim, prune or remove public trees.

(c)

Removal of public trees. No trees, brush, vines, shrubs and/or ground cover are to be removed by anyone, including adjacent landowners or agents of any landowner, from any City-owned land, greenways or access corridors from greenways without the permission of the City.

(d)

Signage. It shall be unlawful for any person, firm or public utility to attach any sign, advertisement, political endorsement or notice on any public tree.

(e)

Operation of equipment. All maintenance equipment, implements, machines and tools shall be used in such a manner as not to damage or destroy any tree, shrub or plant in any public right-of-way or park.

(f)

Protection of trees. During the erection, repair, alteration or removal of any building, house, or structure in the City any person, firm or corporation in charge of such work shall protect any tree in any public place within the City in the vicinity of such building or structure with sufficient guards or protectors to prevent injury to such tree.

(g)

Notifying adjacent property owners of maintenance work. An attempt shall be made to inform adjacent property owners of maintenance work on trees and landscaping along boulevards, City property and easements.

(h)

Precautions. Suitable precautions shall be taken to protect and warn the public that spraying is being done to public trees.

(i)

Adjacent landowners limited responsibility. Trees planted along City property lines will be watered by those property owners adjacent to the trees.

(Code 2015, § 153.162; Ord. No. 239, 1-25-2010)