Mounds View City Zoning Code
TREE PRESERVATION
AND LANDSCAPING
§ 160.415 PURPOSE.
The purpose of this subchapter is to identify trees and woodlots which are to be preserved in general and saved when development is occurring or at any point thereafter. It is the city’s goal to ensure that development is compatible with the natural environment and is accommodated without destroying desirable environmental features and natural amenities. It is not the city’s intent, however, to preserve significant trees or woodlots where substandard subdivision design, poor drainage, excess slope in streets and driveways or inefficient utility construction would result.
(Prior Code, § 1127.01)
§ 160.416 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DRIP LINE. The imaginary line at the outer edge of a tree or shrub, the point where water would drip to the ground from the outermost branches or leaves.
HIGH VALUE TREES. Any tree from the list below:
(1) Birches (River and Paper);
(2) Black Walnut;
(3) Catalpa;
(4) Cherry;
(5) All Firs;
(6) Flowering Crabapples and Hawthorns;
(7) Hackberry;
(8) Hybrid American Elm;
(9) Ironwood;
(10) Japanese Tree Lilac;
(11) All Lindens;
(12) All Maples;
(13) All Oaks;
(14) Ohio Buckeye;
(15) Pines (except Jack); and
(16) All Spruce.
ROOT ZONE. The area of effective tree rooting (out to the extent of the branches, plus five feet).
SIGNIFICANT TREE. Any live healthy high value tree measuring eight inches in diameter or greater, measured at four and one-half feet above the ground.
SPECIMEN TREE. Any high value tree over 16 inches in diameter, or any other species over 30 inches in diameter.
TREE CROWN. The upper part of a tree, including the branches and leaves.
WOODLOT. An area of trees of significant or specimen size on at least 25% of the total lot area.
(Prior Code, § 1127.02)
§ 160.417 GENERAL TREE PROTECTION REQUIREMENTS.
(A) General. Developers, landowners and builders shall attempt to preserve the maximum number of significant and specimen trees on lots as possible by using creative design techniques for the location of structures and other improvements within property boundaries.
(B) Preservation standards.
(1) Structures and other amenities shall be located in such a manner that the optimum number of trees shall be preserved.
(2) Prior to the granting of a permit, the person requesting the permit shall demonstrate that there are no feasible or prudent alternatives to the removal of significant or specimen trees on the site.
(3) Forestation, reforestation or landscaping shall utilize a variety of tree species and shall not utilize any species presently under disease epidemic.
(4) Development including grading and contouring shall take place in such a manner that the root zone, as defined in § 160.416 of this chapter, of existing trees shall not be affected.
(Prior Code, § 1127.03)
§ 160.418 TREE REMOVAL ON LOTS WITH CONSTRUCTION OR GRADING ACTIVITY.
(A) Tree plan required.
(1) A tree plan, which would include a tree inventory, prepared by an arborist, landscape architect or forester, shall be submitted for any project in which any trees will be impacted as a result of the project. Tree inventories shall identify existing healthy significant trees, specimen trees, woodlots and smaller groups of non-significant trees within the limits of the proposed project area. The inventory should clearly indicate which trees would be lost as a result of the project and which trees would be saved. The tree inventory shall be submitted at the same time as any other required application submittals. This requirement may be waived at the discretion of the Community Development Director and the City Forester.
(2) Parcels in the R-1, Single Family Residential Zoning District are exempt from the provisions of this section.
(B) Replacement standards. Replacement tree species shall be approved by the City Forester in accordance with § 160.419 of this chapter.
(1) No additional plantings shall be required on lots less than one acre where five or more replacement and high value trees over eight inches in diameter would remain, or on lots one acre or larger where ten or more replacement and high value trees over eight inches in diameter would remain. For every significant tree removed, the permit holder or property owner shall plant a new tree on a one-to-one replacement basis, up to a maximum of five new trees.
(2) For every specimen tree removed, the permit holder or property owner shall plant a minimum of two new trees, up to a maximum of five new trees.
(3) Replacement trees shall be planted no later than 12 months beyond the date of tree removal. The owner or permit holder shall guarantee the survival of the replacement trees for two full growing seasons beyond the year of planting. In cases where replacement cannot occur within the specified timeframe, an extension may be granted at the discretion of the City Forester and Community Development Director.
(4) The number of required replacement trees may be reduced when deemed appropriate at the sole discretion of the City Forester based on existing site conditions.
(5) Replacement requirements shall not apply to trees lost as a result of utility trimming or maintenance, work conducted by or on behalf of a governmental agency in pursuance of its lawful activities or functions, disease, storms or other acts of natural occurrence.
(C) Protection. Trees within development areas designated for preservation shall be protected from construction damage by placing a snow fence or flags in a perimeter five feet beyond the tree’s dripline, within which area no equipment shall traverse or materials, debris or fill shall be placed.
(D) Additional removals. If, through the course of a development activity, it becomes necessary to remove additional trees beyond what was previously approved in the tree plan. It shall be the responsibility of the applicant to submit the request to the city in writing, explaining the reasons necessitating the additional removals, and obtain written approval of the Community Development Director or designee before proceeding.
(Prior Code, § 1127.04)
§ 160.419 LANDSCAPING.
(A) General. Applications for development in the R-3, R-4, B-1, B-2, B-3, B-4, I-1 and PUD Districts shall be accompanied by a detailed landscape plan. The landscape plan should be developed in accordance with the site plan submitted for approval.
(B) Information. Detailed landscape plans shall include the following information:
(1) General: name and address of developer/owner, name and address of architect/ designer, date of plan preparation, date and description of all revisions, name of project or development, scale of plan, north point indication;
(2) Site analysis: boundary lines of property line with dimensions based upon certified survey, name and alignment of proposed and existing adjacent on-site streets, location of all proposed buildings, topographic contours at two-foot contour intervals, location of parking areas, waterbodies, proposed sidewalks and percentage of site not covered by structures and impervious surfaces;
(3) Landscape data: a planting schedule table shall include symbols, quantities, common names, botanical names, size of plant materials, root specifications and special planting instructions;
(4) Typical sections and details of fences, retaining walls, berms and other landscape improvements;
(5) Typical sections of landscape islands and planter beds with identification of materials used;
(6) Details of planting beds and foundation plantings;
(7) Delineation of both sodded and seeded areas indicated in square footage; and
(8) Where landscape or inorganic materials are used to provide required screening from adjacent and neighboring properties, a cross-section shall be provided at a legible scale illustrating the prospective of the site from the neighboring property and property line elevation.
(C) Number of plant materials required. In order to achieve an appropriate and complete quality landscaping of a site, the following minimum number of plant materials shall be provided as indicated below:
(1) One overstory deciduous shade tree for every 2,000 square feet of the total building footprint;
(2) One coniferous tree for every 2,000 square feet of building or one coniferous tree for every 200 feet of site perimeter, whichever is greater;
(3) One understory shrub for every 300 square feet of building or one shrub for every 30 feet of site perimeter, whichever is greater;
(4) One ornamental tree for every 2,000 square feet of building or one ornamental tree for every 200 feet of site perimeter, whichever is greater;
(5) The number of plant materials required in divisions (C)(1) through (C)(4) above may be reduced by 15% in each category in the I-1 Districts; and
(6) In the event a site plan layout does not have adequate space to accommodate plant quantities as required herein, such quantities per species can be reduced, provided that total required height or caliper is maintained. The Community Development Director and City Forester must approve all changes.
(D) Minimum size of plantings and species requirements.
(1) Only tree species from high value tree list or other tree species as approved by the City Forester shall be used;
(2) Overstory deciduous: two and one-half inch caliper;
(3) Coniferous: six feet in height as measured from grade;
(4) Shrubs: 24-inch plant (potted); and
(5) Ornamental trees: two-inch caliper.
(E) Method of installation. All deciduous and coniferous trees shall be ball and burlap and staked and guyed per National Nurserymen’s Standards. All shrubs shall be potted.
(F) Use of landscaping for screening. Where natural materials, such as trees or hedges are approved in lieu of the required screening by means of walls or fences, density and species of planting shall be such to achieve screening year round.
(G) Maintenance.
(1) Property owners shall be responsible for the upkeep of all required plantings and landscape materials. Upon written notice from the city, a property owner shall be required to trim broken or damaged tree boughs, remove fallen trees or storm damaged trees and remove diseased trees as identified by the City Forester. Uprooted, damaged or diseased tree stumps shall be removed or ground down below grade.
(2) It shall be the property owner’s responsibility to maintain the boulevard areas between the property and any adjacent street frontage.
(Prior Code, § 1127.05)
§ 160.420 PLAN REVIEW PROCESS.
All tree inventories, preservation plans and landscape plans shall be reviewed by the City Forester. The Parks and Recreation and Forestry Commission may also review such plans at the request of the Community Development Director or the City Forester. When the plans are required as part of a development application (such as, development review, conditional use permit, minor or major subdivision) the Planning Commission and City Council shall have approval authority. For such plans submitted when no official planning action is necessary, the Community Development Director and City Forester shall retain administrative approval authority.
(Prior Code, § 1127.06)
§ 160.421 APPEAL PROCESS.
Administrative decisions by the City Forester and/or Community Development Director may be appealed to the City Council. An appeal shall be filed in writing no more than 14 days following the date of the administrative decision by the city. The appeal shall be scheduled for consideration by City Council at the next regularly scheduled City Council meeting which is at least seven days from the date of the appeal.
(Prior Code, § 1127.07)