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HomeMy WebLinkAbout2019-07-22 PACKET 06.2.STAFF REPORT CASE: TA2019-033 ITEM: 6.2 PUBLIC MEETING DATE: 7/22/19 TENTATIVE COUNCIL REVIEW DATE: 8/21/19 APPLICATION APPLICANT: City of Cottage Grove REQUEST: A zoning text amendment to repeal City Code Title 11-6-6, Tree Preserva- tion, and replace it with a revised section related to tree preservation. SITE DATA LOCATION: N/A ZONING: N/A GUIDED LAND USE: N/A LAND USE OF ADJACENT PROPERTIES: CURRENT GUIDED NORTH: EAST: N/A SOUTH: WEST: SIZE: N/A DENSITY: N/A RECOMMENDATION Approval. Cottage Grove COTTAGE GROVE PLANNING DIVISION � here Pride and,Ospellty Meet Planning Staff Contact: Christine Costello, Acting Comm. & Econ. Development Director; 651-458-2824; ccoste I I o (o-)_cottageg rove m n. gov Application Accepted:. N/A 60 -Day Review Deadline: N/A City of Cottage Grove Planning Division • 12800 Ravine Parkway South • Cottage Grove, MN 55016 Planning Staff Report Proposed Tree Preservation Ordinance Amendment Case No. TA2019-033 July 22, 2019 Introduction The City of Cottage Grove has applied for a zoning text amendment to City Code Title 11, Chapter 6, Subsection 6, regarding tree preservation. The proposed amendment will create a clear tree inventory and mitigation process for project applicants to interpret and implement. Background The City's original tree preservation ordinance was enacted in 1997. The ordinance was amended in 2003 to specify an advisory role for a project arborist and to provide for the long-term mainte- nance of new trees. In 2009 the ordinance was rescinded and replaced with Ordinance No. 861, which was approved at the June 1, 2009, Planning Commission meeting and unanimously en- acted by City Council on June 17, 2009. Major adjustments in this revision included organizing standards and refining definitions. Ordinance No. 861 is the current form of the ordinance. The current ordinance's lack of clarity has grown apparent through implementation. The most evident inconsistencies are in its method of classifying trees, distinguishing development type, and calculating required replacement trees. This poses a challenge to applicants trying to imple- ment the standards and reveals a need to create requirements that can be consistently inter- preted. The high number of replacement trees required for recent projects also raised the question of whether the City's requirements are comparable to those of peer communities. Tree Mitigation in Peer Communities The tree preservation ordinances of 19 peer communities were reviewed to provide a point of comparison for the mitigation requirements resulting from Cottage Grove's current ordinance. The calculation procedures of these communities' ordinances were also reviewed to offer insight into alternative methods for implementing tree mitigation. A version of the recently approved Renewal by Andersen expansion project was used as a test case to compare the requirements of each community's ordinance. Landscaping and tree preser- vation ordinances are often cross-referenced (for instance, landscaping credits may be given for preserved trees or for trees planted in mitigation of excessive removal). Therefore, it is the com- bined effect of a community's landscaping and tree preservation ordinances that provides the most accurate point of comparison between communities. It is this combined effect on the exam- ple project that is depicted in Figure 1. It is also important to note that some communities deter- mine tree preservation requirements on a case-by-case basis. These communities are not included in the chart, since concrete numbers could not be determined for the example case. Tree Preservation Ordinance Planning Case No. TA2019-033 July 22, 2019 Page 2 of 5 PEER COMMUNITIES - TREE REQUIREMENTS Figure 1 R9 Cottage Grove's current tree preservation requirements fall within the range of the requirements of the 19 peer communities reviewed. As the graph illustrates, the current ordinance allows for different interpretations of the rules, resulting in a current practice that differs from a strict inter- pretation. A strict interpretation of the current ordinance ("Current Ordinance") produces higher requirements, while a simplified interpretation ("Current Practice"), developed to overcome the ordinance's interpretive challenges, produces lower requirements. The proposed ordinance ("Proposed Revision") produces a compromise between these two numbers, near the middle of the range. Proposed Changes Given that the City's tree preservation requirements are numerically comparable to those of peer communities, the main goal of the proposed amendment is to create a clear and consistent process of interpreting and applying the ordinance. The proposed ordinance pursues this goal in the following ways: • Simplify definition of qualifying tree: The current ordinance defines four types of qualifying trees (trees that should be taken into consideration for preservation purposes). Each of these four subsets (buffer, specimen, standard, and woodland) specifies different size parameters for each of three different kinds of trees (hardwood deciduous, softwood deciduous, and coniferous). Tree Preservation Ordinance Planning Case No. TA2019-033 July 22, 2019 Page 3 of 5 Hardwood Deciduous Coniferous 40 50' - - - - - - - - - - -- - <6" 6.. - 20" 20" - M-' 30"+ 24' - - - - - - ,. Softwood Deciduous 10. c12" 12" - 24" 24"-30" 30"+ Figure 2 The current ordinance defines which trees have a preservation interest by giving tour different size ranges for each of three diff ere�-.t kinds of trees (hardwood deciduous, soffivood deciCILIOLIs, and coniferous}. The proposed revision creates a simple definition based on a size minimum for all existing trees. This definition makes it easier to determine which trees on a site are required to be inventoried. HDFd%Adood Deciduous Softwood Deciduous coniferous 6"+ 12"+ 10'+ Figure 3 The pro,posed ordinance 'O;Mild define "qualifying tree" by giving .s single size mirrimurrr for each kine c tree ;hard,, ood d e c i cl u ous s f evood deciduous, and coniferous). • Clarify prohibited, allowed, and regulated tree removal activity: The proposed ordinance explicitly defines activity that does and does not require a tree preservation plan. • Streamline inventory process: The current ordinance includes four options for how trees can be inventoried but provides minimal clarification of the process. To make it easier for ap- plicants to interpret and apply the inventory requirements, a single inventory method is pro- posed. The format of the inventory is clearly specified in the proposed ordinance and tailored to the requirements of the entire process. These refinements to the inventory process follow the example of communities such as Woodbury and Roseville, which provide clear, step-by- step instructions in their ordinances. One exception to the typical inventory process is permitted to lessen the burden of inventorying trees when large tracts of trees will not be disturbed. This exception achieves the flexibility Tree Preservation Ordinance Planning Case No. TA2019-033 July 22, 2019 Page 4 of 5 intended by the current ordinance while creating a process that is consistent and predictable for all parties. '' y44t X Figure 4 Trees in a v. coded area greater than 7500 square feet that vAl not be disturbed do not need to be inventoried individually. Instead a simple conversion from area to diameter i�c'rles can be used • Count trees by diameter inches: The proposed ordinance uses total trunk diameter inches to calculate the number of trees allowed to be removed and the number of trees requiring mitigation. Larger trees contribute more diameter inches to the total, automatically entailing higher replacement rates if removed. This proposed method accounts for the greater preser- vation value of larger trees without requiring additional calculations as in the current ordinance. Communities such as Shakopee, Maple Grove, Plymouth, and Apply Valley make use of diameter inches in a similar way. Impact The proposed text amendment does not substantially alter the number of trees that would be required to be replaced on a particular site after removal. The amendments put the City's com- mitment to tree preservation and reforestation into effect while creating a clear application process for applicants to follow, thereby removing barriers to development. Like the current ordinance, the proposed ordinance would permit applicants to dedicate a cash fee to the Public Landscaping Initiative in lieu of replanting on site. Finally, regardless of tree mitigation requirements, the City's landscaping ordinance ensures that each new development site includes adequate trees, shrubs, screening, and groundcover to maintain the City's high aesthetic standards. Recommendation The Planning Commission is requested to recommend rescinding City Code Title 11, Chapter 6, Subsection 6, Tree Preservation, and approving the proposed ordinance amendment to replace it. Prepared by: Attachments: Madeline Johnson, Planning Intern Draft Ordinance Amendment CITY OF COTTAGE GROVE, MINNESOTA ORDINANCE NO. XXXX AN ORDINANCE FOR THE CITY OF COTTAGE GROVE, MINNESOTA, REPEALING COTTAGE GROVE CITY CODE TITLE 11, CHAPTER 6, SECTION 6 REGARDING TREE PRESERVATION AND ENACTING TITLE 11, CHAPTER 6, SECTION 19 REGARDING TREE PRESERVATION The City Council of the City of Cottage Grove, Washington County, Minnesota, does hereby ordain as follows: SECTION 1. REPEALER. The Code of the City of Cottage Grove, County of Washington, State of Minnesota, Title 11, Chapter 6, Section 6 is hereby repealed in its entirety. SECTION 2. ENACTMENT. The Code of the City of Cottage Grove, County of Washington, State of Minnesota, Title 11, Chapter 6, Section 19 shall be enacted as follows: A. Purpose and Objective: Purpose. Within the city of Cottage Grove, trees and woodlands are considered a valuable asset to the community composite. The city places a priority on protecting this asset and finds that it is in the best interest to regulate the development and alteration of wooded areas within the community. The city also finds that a certain amount of tree removal is an inevitable consequence of the development process and seeks to establish comprehensive standards related to reasonable tree removal and preservation. 2. Objective. In order to achieve a realistic balance between tree protection and development, the city has established standards that with compliance and enforcement will: a. Protect, preserve and enhance the integrity of the natural environment; b. Allow for orderly development within wooded areas; c. Minimize tree and wildlife habitat loss and maintain wildlife corridors; d. Protect privacy by maintaining buffers between land uses; e. Increase and maintain property values; f. Prevent and reduce soil erosion and sedimentation; g. Promote sound stormwater management practices; h. Improve air quality; Reduce noise pollution; Enhance energy conservation through natural insulation and shading. B. Definitions: City of Cottage Grove, Minnesota Ordinance No. XXXX Page 2 of 10 ACTIVELY DEVELOPING SUBDIVISION: A residential subdivision that has an approved tree preservation plan, and vacant platted lots controlled by a development company that is actively promoting, selling, or building residential units. CONIFEROUS TREE: A wood plant which, at maturity, is at least twelve (12) feet or more in height, and which retains its green color year-round and does not drop its fronds or needles in the winter. CRITICAL ROOT ZONE: An imaginary circle surrounding the tree trunk with a radius of one (1) foot per one (1) inch of trunk diameter, such that, for example, a twenty -inch diameter tree has a critical root zone with a radius of twenty (20) feet. dbh: Diameter of a tree measured four and a half (4.5) feet above the ground. DRIP LINE: The farthest distance away from the trunk of a tree that rain or dew will fall directly to the ground from the leaves or the branches of the tree. DYNAMIC DEVELOPMENT PROPERTY: Any platted or unplatted property that has had an application before the city for zoning or land use review within the previous five (5) years. HARDWOOD DECIDUOUS TREE: A tree of one of the following species: ironwood, oak, maple (hard), walnut, ash, hickory, birch, black cherry, hackberry, or locust. HEALTHY TREE: A healthy tree has: 1. A live top (live crown) that is greater than one-third (1/3) the total tree height, 2. Newly dead branches that make up less than fifteen (15) percent of the total crown, 3. Less than fifteen (15) percent of the tree crown with missing branches, 4. Foliage that is dense throughout the live portion of the crown, 5. A tree trunk with open wounds that are less than one-third (1/3) the diameter of the tree, no wounds in contact with the ground, and no wounds that have soft, punky wood or other indication of decay. LARGE WOODLAND TRACT: A wooded area greater than or equal to 7,500 square feet of contiguous or nearly contiguous canopy cover. QUALIFYING TREE: A healthy tree excluding buckthorn meeting one of the following definitions: a hardwood deciduous tree at least six (6) inches dbh, a softwood deciduous tree at least eight (8) inches dbh, or a coniferous tree at least ten (10) feet in height. SOFTWOOD DECIDUOUS TREE: A tree of one of the following species: cottonwood, catalpa, poplars, aspen, silver maple, basswood, box elder, elm, or willow. C. Prohibited tree removal: The removal of qualifying trees on any property by means of clear cutting or in a systematic removal method shall be prohibited, except in accordance with a City of Cottage Grove, Minnesota Ordinance No. XXXX Page 3 of 10 city -approved tree preservation plan or agricultural management/harvest plan, or unless it is excepted pursuant to subsection D. D. Exceptions: Tree removal is allowed without preservation plan in the following circumstances: 1. The removal of individual qualifying trees on a developed single-family residential lot that is not in a pending or actively developing subdivision. 2. The removal of shrubs, brush, buckthorn, and nonqualifying trees by a property owner. 3. The removal of trees seriously damaged by storms, other catastrophic events or disease, as verified by the city forester. 4. The removal of trees with potential to cause serious damage as determined by the city forester. 5. The removal of twenty-five (25) or fewer qualifying trees associated with agricultural or commercial horticultural use. Properties in active agricultural production of trees/tree farms shall have an agricultural management/harvest plan filed with the city for planned tree removal in excess of twenty-five (25) qualifying trees that shall include the following: a. Legal description of property. b. Crop/tree identification. C. Acres to be managed. d. Soil erosion control measures. e. Removal staging plan. E. Tree preservation plan: 1. A tree preservation plan is required in the following circumstances: a. The disturbance of qualifying trees within the metropolitan urban service area (MUSA) on a vacant residential lot. b. The disturbance of qualifying trees on a property in any zoning district within the Mississippi River critical area overlay district. c. The disturbance of qualifying trees on a dynamic development property. d. A project for which a city grading permit is required. e. Planning applications involving site plans, plats, subdivisions, minor subdivisions or lot splits where a qualifying tree will be disturbed. f. New construction of commercial, industrial or institutional buildings. City of Cottage Grove, Minnesota Ordinance No. XXXX Page 4 of 10 g. Expansion of an existing commercial, industrial or institutional building or impervious surface by ten (10) percent or greater square feet, where an approved tree preservation plan is not on file with the city. 2. The tree preservation plan shall include separate plan sheets with the following information: a. Contact information of applicants, property owners, developer/builder, and signature of the person preparing the plan, the certification, and employer or firm. b. Delineation of the existing buildings, structures, or impervious surfaces situated on the site. c. Delineation of the proposed buildings, structures, or impervious surfaces planned on the site. d. Delineation of all areas to be graded and limits of land disturbance. e. Graphic identification of all existing qualifying trees. f. Graphic identification of all qualifying trees proposed to be removed within the construction area. g. Measures designed to protect trees designated for preservation per the requirements of subsections E9 and E10 of this section. h. A listing of the total diameter inches of existing qualifying trees on the site calculated per subsection E3 of this section. Two (2) feet in height of a coniferous tree shall be counted as contributing one (1) inch to the total of existing qualifying inches. i. A listing of the total diameter inches of healthy qualifying trees proposed to be removed. Two (2) feet in height of a removed coniferous tree shall be counted as contributing one (1) inch to the total of removed qualifying inches. j. Calculation of replacement trees required per the mitigation requirements of subsections E6 and E7 of this section, if any. 3. The tree preservation plan shall include a tree inventory prepared by a certified arborist that meets the following requirements: a. Unless the site and project parameters meet the exception described in 3b., a tree inventory shall consist of a table listing each qualifying tree on the site and specifying its identification number (linked to a metal field tag placed on the tree's trunk five (5) feet from grade); species; size (dbh in inches for deciduous trees and height in feet for coniferous trees); classification as hardwood, softwood, or coniferous per the definitions of this section; and whether the tree is to be preserved or removed. To facilitate the calculation of total existing and removed qualifying inches, a proxy dbh value shall be included in entries for coniferous trees, equal to one (1) inch for each two (2) feet in height. A sample inventory table is depicted below: City of Cottage Grove, Minnesota Ordinance No. XXXX Page 5 of 10 Existing Qualifying Inches: 1338 *Proxy dbh value for coniferous trees: A number equal to one half the tree's height in feet (not the tree's true diameter). **Proxy dbh value for undisturbed large woodland tract: The number of inches contributed to the total existing qualifying inches by an undisturbed large woodland tract 75,240 square feet in area (756040 = 1254). b. For sites containing a large woodland tract within which no qualifying trees will be disturbed, an alternative inventory meeting the following requirements may be provided: Trees within undisturbed large woodland tracts are not required to be inventoried individually. Instead, the area of the undisturbed tract may be measured in square feet (on site or by means of an aerial photo) and divided by 60 to produce a proxy that shall be counted as the number of inches the tract contributes to the total qualifying inches. All qualifying trees located on the site but outside of an undisturbed large woodland tract shall be inventoried as described in (a) above. iii. The site's total existing qualifying inches shall be the sum of the inches contributed by undisturbed large woodland tracts and by qualifying trees outside the tract. 4. Modification of plan. The tree preservation plan shall be reviewed by the city to assess the best possible layout to preserve qualifying trees and to enhance the efforts to minimize damage to qualifying trees. The applicant shall meet with city staff prior to submission of the development application or prior to application for the grading permit, whichever is first, to determine the most feasible and practical placement of buildings, parking, driveways, streets, storage and other physical features, in order that the fewest qualifying trees are destroyed or damaged. During the modification process, the city has the following options: a. The city may require modification to a tree preservation plan if the proposed tree removal is in excess of what is allowed by this section. DBH HEIGH TREE (INCHES T TAG SPECIES ) (FEET) TYPE STATUS 0001 Aspen 14 N/A Softwood Saved 0002 American Elm 16 N/A Softwood Removed 0003 Black Cherry 8 N/A Hardwood Saved 0004 Red Oak 19 N/A Hardwood Saved Red (Norway) 0005 Pine 11.5* 23 Coniferous Saved 0006 Colorado Spruce 15.5* 31 Coniferous Removed Woodland Undisturbe N/ALarge N/A 1254** N/A Tract d Existing Qualifying Inches: 1338 *Proxy dbh value for coniferous trees: A number equal to one half the tree's height in feet (not the tree's true diameter). **Proxy dbh value for undisturbed large woodland tract: The number of inches contributed to the total existing qualifying inches by an undisturbed large woodland tract 75,240 square feet in area (756040 = 1254). b. For sites containing a large woodland tract within which no qualifying trees will be disturbed, an alternative inventory meeting the following requirements may be provided: Trees within undisturbed large woodland tracts are not required to be inventoried individually. Instead, the area of the undisturbed tract may be measured in square feet (on site or by means of an aerial photo) and divided by 60 to produce a proxy that shall be counted as the number of inches the tract contributes to the total qualifying inches. All qualifying trees located on the site but outside of an undisturbed large woodland tract shall be inventoried as described in (a) above. iii. The site's total existing qualifying inches shall be the sum of the inches contributed by undisturbed large woodland tracts and by qualifying trees outside the tract. 4. Modification of plan. The tree preservation plan shall be reviewed by the city to assess the best possible layout to preserve qualifying trees and to enhance the efforts to minimize damage to qualifying trees. The applicant shall meet with city staff prior to submission of the development application or prior to application for the grading permit, whichever is first, to determine the most feasible and practical placement of buildings, parking, driveways, streets, storage and other physical features, in order that the fewest qualifying trees are destroyed or damaged. During the modification process, the city has the following options: a. The city may require modification to a tree preservation plan if the proposed tree removal is in excess of what is allowed by this section. City of Cottage Grove, Minnesota Ordinance No. XXXX Page 6 of 10 b. The city may declare an application requiring a tree preservation plan incomplete based on the lack of required submittal information. Such application will be rejected. c. The city may deny an application requiring a tree preservation plan if it is incomplete, lacks sufficient detail, if the tree removal is in excess of what is allowed, or the applicant is unwilling to modify the plan to comply with this section. d. The city may require a dedication of a deed restricted conservation easement designed to ensure that specific tree preservation areas are not negatively impacted or destroyed. e. The city may require relocation of proposed private and public utilities, hard surface, and structures to increase preservation opportunities within the site. 5. Allowable tree removal. The following table establishes the maximum percentage of existing qualifying inches on a project site that may be removed without mitigation. Mitigation according to the tree replacement schedule is required when removal surpasses this threshold. Land Use Permitted removal threshold (percent of existing qualifying inches) Residential <10 units/acre 135% Residential >10 units/acre, 50% Business/Commercial Industrial 60% a. The following types of trees do not need to be included as part of the total computation of tree removals: i. Trees determined by the city or the project arborist to be dead, dying, diseased, or seriously hazardous; ii. Trees that are being transplanted from the site to another appropriate site within the city; iii. Trees that were planted as part of a commercial business such as a tree farm or nursery. The applicant shall provide evidence to support the finding that the trees were planted as part of a commercial business. 6. Mitigation. a. For any development or site in which the number of qualifying inches removed exceeds the permitted removal threshold, the applicant shall mitigate the tree loss in one of the following ways: Planting replacement trees in appropriate areas within the development in accordance with the tree replacement schedule; City of Cottage Grove, Minnesota Ordinance No. XXXX Page 7 of 10 ii. Planting replacement trees on city property under the direction of the parks and recreation director or a designee; iii. Paying to the city a cash mitigation fee, based on the diameter inches of required replacement in accordance with the tree replacement schedule. The cash fee in lieu of required replacement inches shall be in accordance with the city's fee schedule, and payment shall be deposited into the public landscaping initiative fund prior to tree removal activities. iv. Performance of vegetation or landscape management projects equal in value to the mitigation fee, with the approval of the city. b. The form of mitigation to be provided by the applicant shall be determined by the city. c. Replacement trees planted in mitigation of excessive tree removal shall be required in addition to any other city landscaping requirements. 7. Tree replacement schedule. a. Quantity: Qualifying tree inches removed beyond the permitted thresholds shall be replaced at a rate of 50%, or one (1) replacement caliper inch for two (2) removed diameter inches. b. Size: Deciduous trees planted in mitigation of excessive tree loss shall have a minimum caliper of two and a half (2.5) inches and coniferous trees shall be a minimum of six (6) feet tall. c. Species: Coniferous trees or hardwood deciduous trees shall be used as replacement trees. One new conifer six (6) feet in height shall be credited as contributing two (2) caliper inches to the total of required replacement inches. Ornamental trees are not acceptable for use as replacement trees. Where ten or more replacement trees are required, not more than thirty-three (33) percent of the replacement trees shall be of the same species of tree. Applicants are encouraged to plant trees indigenous to the area. In no case shall a tree of a species listed on the DNR invasive species list be planted as a replacement tree. d. Example calculation: Total Permitted Inches Inches Excess Replace- Replaceme Replacement Replacement existing removal permitted removed inches ment rate nt inches inch credits trees (one qualifying threshold to be removed required possible inches removed combination) Hardwood 30 hardwood 1500 50% 750 1000 250 50% 125 deciduous: deciduous and 2.5" 25 coniferous Coniferous: 2" 8. Implementation of the plan. The applicant shall implement the tree preservation plan prior to and during any grading or construction activity. The tree protection measures shall remain in City of Cottage Grove, Minnesota Ordinance No. XXXX Page 8 of 10 place until all land disturbance and construction activity is terminated or until a request to remove the tree protection measures is made to, and approved by, the city. a. The applicant will hire a project arborist that is a certified arborist or forester approved by the city to assist with all facets of tree preservation on the site. b. The applicant shall arrange for the city and project arborist to inspect the construction site prior to the beginning of grading to ensure that protective fencing and other protective measures are in place and installed correctly. Minor encroachment, grading, trenching, filling, compaction, or change in soil chemistry may occur within the fenced areas protecting the critical root zone of the trees to be saved under the direct supervision of the project arborist. c. Qualifying trees designated for preservation which are found to be diseased, or dying, or are not suited for location into the project may be removed without penalty based upon the recommendation of the project arborist and in agreement between the city and the applicant. d. If a qualifying tree that was intended to be preserved is removed without permission of the city, or damaged so that it is in a state of decline within one year from the date of project closure, the applicant shall mitigate the unplanned tree removal through replacement at a rate of 100%, that is, one (1) replacement caliper inch will be required for each one (1) diameter inch of a removed deciduous tree, and one (1) replacement foot shall be required for each one (1) foot of height of a removed coniferous tree. Alternatively, unplanned tree removal shall be mitigated by payment of a cash fee equivalent to the cost of the number of new trees this replacement rate would require, in accordance with the city forester's annual determination of the costs of new trees. e. The city shall have the right to inspect the development and/or building site in order to determine compliance with the approved tree preservation plan. The city shall determine whether compliance with the tree preservation plan has been met. 9. Required protective measures. The applicant shall complete all recommendations made by the project arborist, and shall implement the following measures to be utilized to protect qualifying trees: a. No grade change, construction activity, or storage of materials shall occur within the drip line or critical root area of qualifying trees to be preserved. b. Identification of any oak trees requiring pruning between April 15 and July 1. Any oak trees so pruned shall be required to have any cut areas sealed with an appropriate nontoxic tree wound sealant. c. Prevention of change in soil chemistry due to concrete washout and leakage or spillage of toxic materials, such as fuels or paints. 10.Additional protective measures. The following tree protection measures are suggested to protect significant trees that are intended to be preserved according to the submitted tree preservation plan, and may be required by the city: City of Cottage Grove, Minnesota Ordinance No. XXXX Page 9 of 10 a. Installation of retaining walls or tree wells to preserve trees. b. Placement of utilities in common trenches outside of the drip line of significant trees, or use of tunneled installation. c. Use of tree root aeration, fertilization, and/or irrigation systems. d. Therapeutic pruning. 11. Warranty. 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 immediately after removal. 12. Maintenance. a. The applicant or property owner is responsible for maintenance of trees to be preserved and recommended mitigation until such time as the property is sold to the homeowner, or turned over to a homeowners' association. Prior to closing on a house, the applicant will review the status of the trees on the site and remove and replace trees designated for preservation if found dead or dying. b. On public property, the applicant will be responsible for tree preservation and recommended mitigation until such time as the area included in the tree preservation plan is no longer in an actively developing subdivision. Review of the public property land will occur before final development build out and any tree removal and replacement will be the responsibility of the applicant. c. Individual private property owners shall be responsible for the maintenance of vegetation on the property owner's property. Qualifying trees preserved as a part of the tree preservation plan are prohibited from being removed until such time as the entire plat is no longer an actively developing subdivision, or written approval is obtained from the city. d. Homeowners' associations shall be responsible for the maintenance of vegetation in common areas after title to the common areas has been transferred to the homeowners' association. SECTION 3. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance. This amendment repeals the existing Tree Preservation ordinance and enacts an updated Tree Preservation ordinance. City of Cottage Grove, Minnesota Ordinance No. XXXX Page 10 of 10 SECTION 4. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this day of '2019. Myron Bailey, Mayor Attest: Joseph Fischbach, City Clerk Published in the South Washington County Bulletin on [Date]. 7/19/2019 Sterling Codifiers, Inc. 11-6-6: TREE PRESERVATION: A. Purpose And Objective: 1. Purpose: Within the city of Cottage Grove, trees and woodlands are considered a valuable asset to the community composite. The city places a priority on protecting this asset and finds that it is in the best interest to regulate the development and alteration of wooded areas within the community. The city also finds that a certain amount of tree removal is an inevitable consequence of the development process, and seeks to establish comprehensive standards related to reasonable tree removal and preservation. 2. Objective: In order to achieve a realistic balance between tree protection and development, the city has established standards that with compliance and enforcement will: a. Protect, preserve and enhance the integrity of the natural environment; b. Allow for orderly development within wooded areas; c. Minimize tree and wildlife habitat loss and maintain wildlife corridors; d. Protect privacy by maintaining buffers between land uses; e. Increase and maintain property values; f. Prevent and reduce soil erosion and sedimentation; g. Promote sound stormwater management practices; h. Improve air quality; i. Reduce noise pollution; j. Enhance energy conservation through natural insulation and shading. B. Definitions: ACTIVELY DEVELOPING SUBDIVISION: A residential subdivision that has an approved tree preservation plan, and vacant platted lots controlled by a development company that is actively promoting or selling or building residential units. dbh: Diameter at breast height. DYNAMIC DEVELOPMENT PROPERTY: Any platted or unplatted property that has had an application before the city for zoning or land use review within the previous five (5) years. HEALTHY TREE: A healthy tree has: 1. A live top (live crown) that is greater than one-third (1/3) the total tree height, https://www.sterlingcodifiers.com/codebook/index.php?book_id=500 1/10 7/19/2019 Sterling Codifiers, Inc. 2. Newly dead branches that make up less than fifteen percent (15%) of the total crown, 3. Less than fifteen percent (15%) of the tree crown with missing branches, 4. Foliage that is dense throughout the live portion of the crown, 5. A tree trunk with open wounds that are less than one-third (1/3) the diameter of the tree, no wounds in contact with the ground, and no wounds that have soft, punky wood or other indication of decay. LARGE WOODLAND TRACT: A healthy grouping of coniferous and/or deciduous trees with contiguous crown cover, occupying five hundred (500) or more square feet of property and having a minimum width of twenty feet (20') at the canopy drip line. QUALIFYING TREE: Healthy trees excluding buckthorn meeting one of the following definitions: Qualifying Buffer Tree: A healthy tree measuring a minimum of six inches (6") dbh for hardwood deciduous trees, defined herein, or a minimum of twelve inches (12") dbh for softwood deciduous trees as defined herein; or a minimum of ten feet (10') in height for coniferous/evergreen trees. Qualifying Specimen Tree: A healthy deciduous tree measuring equal to or greater than thirty inches (30") dbh and/or a coniferous tree measuring fifty feet (50') or greater in height. Qualifying Standard Tree: A healthy tree measuring a minimum of six inches (6") dbh for hardwood deciduous trees, defined herein, or a minimum of twelve inches (12") dbh for softwood deciduous trees as defined herein; or a minimum of ten feet (10') in height for coniferous/evergreen trees. Qualifying Woodland Tree: A deciduous tree that is between four inches (4") and twelve inches (12") in diameter dbh or a coniferous tree between four feet (4') and twelve feet (12') in height, and is located in a large woodland tract. C. Performance Standards Regulating Tree Removal: 1. Plan Required: 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: a. The disturbance of qualifying trees within the metropolitan urban service area (MUSA) on a vacant residential parcel. b. The disturbance of qualifying trees on any property, in any zoning district within the Mississippi River critical area overlay district. c. The disturbance of qualifying trees on any dynamic development property. d. Any project for which a city grading permit is required. https://www.sterlingcodifiers.com/codebook/index.php?book_id=500 2/10 7/19/2019 Sterling Codifiers, Inc. e. Subdivisions, minor subdivisions or lot splits in any zoning district where a qualifying tree will be disturbed. f. New construction of commercial, industrial or institutional buildings. g. Expansion of any existing commercial, industrial or institutional building or impervious surface by ten percent (10%) or greater square feet, where an approved tree preservation plan is not on file with the city. h. The removal of more than twenty five (25) trees associated with agricultural or commercial horticultural use, where an approved agricultural tree management/harvest plan is not on file with the city. 2. Tree Inventory Individual: Prior to submittal of a tree preservation plan, the applicant shall have a tree inventory for the entire site completed by a certified forester or arborist that shall include all of the following: a. An identification system linked to metal field tags located five feet (5') from grade on all qualifying trees or woodland boundaries. b. Graphic and tabular identification tally of quantity, size, species, health, and location of all existing qualifying trees. c. Delineation of the outline of the existing canopy coverage area(s). 3. Tree Inventory Sampling: As an alternative to an individual tree inventory, the city may approve the use of a sampling inventory for all or portions of a site to be completed by a certified forester or arborist that shall include all of the following: a. Methodology for sampling. b. Identification ribbon around perimeter of sampling areas, and metal field tags located five feet (5') from grade on all qualifying trees in sampling areas. c. Graphic and tabular identification tally of quantity, size, species, health, and location of all existing qualifying trees in sampling area. d. Graphic and tabular identification tally of quantity, size, species, health, and location of all existing qualifying specimen trees in areas to be disturbed on site. e. Total estimates of qualifying trees based on sampling, and field location of qualifying specimen trees. 4. Tree Inventory Combination: Sites with large woodland tracts of qualifying trees that will not be disturbed, can be inventoried utilizing a combination of the individual and sampling survey methods. 5. Tree Inventory Woodland: In lieu of the completion of an individual or sampling inventory for sites with large woodland tracts of qualifying trees, the woodland inventory can be utilized. The use of the woodland inventory is the easy and cost effective method in which to complete an inventory, but note that the replacement ratio schedule is one hundred fifty percent (150%) greater than the standard qualifying tree replacement formula utilized for the individual or sampling inventory method. 6. Inventory Buffer Area: All deciduous qualifying trees within one hundred feet (100') of the property lines shall be measured at six inches (6") and greater dbh. https://www.sterlingcodifiers.com/codebook/index.php?book_id=500 3/10 7/19/2019 Sterling Codifiers, Inc. 7. Hardwood Deciduous Identification: Hardwood deciduous trees shall include the following species: a. Ironwood, oak, maple (hard), walnut, ash, hickory, birch, black cherry, hackberry, locust, and basswood. 8. Softwood Deciduous Identification: Softwood deciduous trees shall include the following species: a. Cottonwood, catalpa, poplars, aspen, silver maple, basswood, box elder, elm and willow. 9. Buckthorn: Buckthorn trees are not required to be inventoried, but can be identified if predominant in a tree protection area. 10. Plan Submittal: A tree preservation plan prepared in accordance with the provisions of this section shall be submitted as part of the application process required by this code. All tree preservation plans must be designed or certified by an arborist, forester, landscape architect or other agent retained by the applicant and approved by the city. The tree preservation plan shall include the following information: a. Contact information of applicants, property owners, developer/builder, and signature of the person(s) preparing the plan, the certification, and employer or firm. b. Delineation of the existing buildings, structures, or impervious surfaces situated on the site. c. Delineation of the proposed buildings, structures, or impervious surfaces planned on the site. d. Delineation of all areas to be graded and limits of land disturbance. e. Graphic and tabular identification tally of quantity, size, species, health, and location of all existing qualifying trees. f. Delineation of the outline of the existing canopy coverage area(s). g. Delineation of the outline of the proposed canopy coverage area(s). h. Graphic and tabular identification of all qualifying trees proposed to be removed within the construction area. i. Measures designed to protect the qualifying trees. j. Tree replacement schedule including graphic and tabular identification of quantity, size, species, and location of all replacement trees proposed to be planted on the property. 11. Agricultural Management/Harvest Plan: Properties in active agricultural production of trees/tree farms shall have an agricultural management/harvest plan filed with the city for planned tree removal in excess of twenty five (25) trees that shall include the following: a. Legal description of property. b. Crop/tree identification. c. Acres to be managed. d. Soil erosion control measures. https://www.sterlingcodifiers.com/codebook/index.php?book_id=500 4/10 7/19/2019 e. Removal staging plan. Sterling Codifiers, Inc. 12. Plan Modification: The tree preservation plan shall be reviewed by the city to assess the best possible layout to preserve significant trees, specimen trees, and significant woodlands and to enhance the efforts to minimize damage to specimen trees, significant trees and significant woodlands. The applicant shall meet with city staff prior to submission of the development application or prior to application for the grading permit, whichever is sooner, to determine the most feasible and practical placement of buildings, parking, driveways, streets, storage and other physical features, in order that the fewest qualifying trees are destroyed or damaged. a. The city may require modification to a tree preservation plan based on the proposed tree removal being in excess of what is allowed by this section. b. The city may declare an application requiring a tree preservation plan incomplete based on the lack of required submittal information, or proposed tree removal being in excess of what is allowed by this section. c. The city may deny an application requiring a tree preservation plan based on the proposed tree removal being in excess of what is allowed by this section. d. The city may require a dedication of a deed restricted conservation easement designed to ensure that specific tree preservation areas are not negatively impacted or destroyed. e. The city may require relocation of proposed private and public utilities, hard surface, and structures to increase preservation opportunities within the site. D. Administration: 1. Permit Required: No qualifying trees shall be removed without a grading permit unless exempt under this section. 2. Permit Application: The applicant shall submit any proposed grading plan for a site with an approved tree preservation plan to the city at least fourteen (14) working days prior to the issuance of the grading permit to ensure compliance with the approved tree preservation plan. All sites shall be staked, as depicted in the approved grading plan, and the required tree protection fencing shall be installed before grading is to commence. Grubbing of protection fencing routes may be permitted prior to commencement of grading with written city approval. 3. Monitoring: The applicant will hire a project arborist that is a certified arborist or forester approved by the city to assist with all facets of tree preservation on the site. a. The project arborist will review installation and maintenance of tree preservation fencing prior to tree removal occurring on the site. b. The project arborist will complete on site monitoring of grading activity occurring near qualifying trees to be preserved. Should grading occur within the drip line of a qualifying tree slated for preservation, the project arborist must be contacted. c. When appropriate, the arborist shall monitor and ensure the completion of the mitigating actions listed in subsection D5 of this section and other recommended measures designed to aid in preservation of qualifying trees. d. After initial site grading, the project arborist will review the site and make recommendations for tree mitigation or tree removal. https://www.sterlingcodifiers.com/codebook/index.php?book_id=500 5/10 7/19/2019 Sterling Codifiers, Inc. e. Qualifying trees designated for preservation which are found to be diseased, or dying, or are not suited for location into the project may be removed without penalty based upon the recommendation of the project arborist and in agreement between the city and the applicant. f. Qualifying trees designated for preservation which are found to be negligently harmed during construction shall be replaced in accordance with the schedule in subsection F of this section. 4. Preconstruction: The applicant shall arrange for the city and project arborist to inspect the construction site prior to the beginning of the grading to ensure that protective fencing and other protective measures are in place and installed correctly. Minor encroachment, grading, trenching, filling, compaction, or change in soil chemistry may occur within the fenced areas protecting the critical root zone of the trees to be saved under the direct supervision of the project arborist. 5. Protection: The applicant shall complete all recommendations made by the project arborist, and shall implement the following measures to be utilized to protect qualifying trees: a. Installation of snow/construction fencing or polyethylene laminate safety netting placed at the drip line or at the perimeter of the critical root zone, whichever is greater, of qualifying trees designated for preservation. No grade change, construction activity, or storage of materials shall occur within this fenced area. b. Placement of mulch bedding around protected qualifying trees near grading limits. c. Therapeutic pruning. d. Identification of any oak trees requiring pruning between April 15 and July 1. Pruned oak trees shall be sealed with an appropriate nontoxic tree wound sealant. e. Prevention of change in soil chemistry due to concrete washout and leakage or spillage of toxic materials, such as fuels or paints. f. Installation of retaining walls or tree wells to preserve trees as directed by the project arborist or approved tree preservation plan. g. Placement of utilities in common trenches outside of the drip line of significant trees, or use of tunneled installation, as directed by the city engineer or the project arborist. h. Transplanting of significant trees into a protected area for later moving into permanent sites within the construction area. i. Use of tree root aeration, fertilization, and/or irrigation systems. E. Tree Removal: 1. Tree Removal Prohibited: The removal of qualifying trees on any property by means of clear cutting en masse or in a systematic removal method shall be prohibited, except in accordance with a city approved tree preservation plan or agricultural management/harvest plan. 2. Tree Removal Permitted: The removal of qualifying trees completed on any property in compliance with this section, and below the threshold allowances established below and in accordance with a city approved tree preservation plan shall be permitted. a. Single lot development: https://www.sterlingcodifiers.com/codebook/index.php?book_id=500 6/10 7/19/2019 Sterling Codifiers, Inc. (1) Single unit residential, twenty percent (20%). (2) Commercial, industrial, institutional and multi -unit residential, thirty percent (30%). b. Single phase, multi -lot development: (1) Single unit residential, forty percent (40%). (2) Commercial, industrial, institutional and multi -unit residential, fifty percent (50%). c. Two-phase development: (1) Initial site development, twenty five percent (25%). (2) Individual lot development: (A) Single unit residential, twenty percent (20%). (B) Commercial, industrial, institutional and multi -unit residential, thirty percent (30%). 3. Tree Removal Exception: When practical difficulties or practical hardships result from strict compliance with the provisions of this subsection, the city may permit qualifying tree removal in excess of the allowable limits. In the event such exception is granted, a reforestation plan or cash mitigation will be implemented by the applicant. The city shall determine which form of mitigation shall be utilized. 4. Tree Removal Mitigated: The removal of qualifying trees completed on any property in excess of the threshold exceptions established in subsection E2 of this section shall be required to be mitigated in accordance with subsection F of this section. 5. Tree Removal, Damaged Or Diseased: Notwithstanding the above, the removal of trees seriously damaged by storms, other catastrophic events or disease is allowed without mitigation requirements. 6. Tree Removal Hazards: Notwithstanding the above, the removal of trees with potential to cause serious damage as determined by the city or project arborist is allowed without mitigation requirements. 7. Tree Removal, Nonqualifying: Shrubs, brush, buckthorn and other invasive or nonqualifying trees may be removed by a property owner without submittal of a tree preservation plan, with the practice of all tree protection measures included in this section, or as modified and approved by the city. 8. Tree Removal, Existing Developments: Individual qualifying trees may be removed on a residentially zoned property that is not in a pending or actively developing subdivision without submittal of a tree preservation plan, and without requirement of replacement or mitigation. Tree removal under this subsection shall be completed with the practice of all tree protection measures included in this section, or as modified and approved by the city. 9. Tree Removal Without Permit: No qualifying trees shall be removed until a tree preservation plan is approved by the city, and a permit is issued. F. Tree Mitigation: In any development or site that the allowable qualifying tree removal limits are exceeded, the applicant shall mitigate the tree loss by either reforestation or payment of a cash in lieu of replacement fee to the city. The form of tree replacement or cash dedication to be https://www.sterlingcodifiers.com/codebook/index.php?book_id=500 7/10 7/19/2019 Sterling Codifiers, Inc. completed by the applicant shall be determined by the city. On site replacement will be the primary goal; however, replacement may occur within the greater development area or within public land. The city, in agreement with the applicant, shall determine the location for replacement plantings. 1. Tree Replacement: The number and size of replacement trees will be calculated based upon the following tree replacement schedules: a. Tree Replacement Schedule; Quantity: Size Of Qualifying Tree Damaged Or Destroyed Category A Category B Category C Coniferous: No less than 12 feet No less than 6 feet No less than 4 feet 12 to 24 feet high 1 2 4 24 feet or higher 2 4 8 Hardwood deciduous: 6 to less than 20 inches dbh 1 2 4 20 to less than 30 inches dbh 2 4 8 Softwood decid uous i : 12 to 24 inches dbh 1 2 4 Greater than 24 inches dbh 2 4 8 Specimen tree 3 6 12 Woodland: Per 1,000 square feet 1.5 3 6 Note: 1.All softwood deciduous trees that are 6 to 30 inches dbh and are removed or damaged within 100 feet of any property line shall be replaced at the hardwood deciduous ratio. b. Tree Replacement Schedule; Size: Replacement Tree Deciduous Category A No less than 4 inches Category B No less than 2.5 inches Category C No less than 1.5 inches Coniferous No less than 12 feet No less than 6 feet No less than 4 feet https://www.sterlingcodifiers.com/codebook/index.php?book_id=500 8/10 7/19/2019 Sterling Codifiers, Inc. 2. Species: Native hardwood deciduous trees shall be utilized for replacement trees, and the use of nonnatives can be approved by the city where appropriate. Where ten (10) or more replacement trees are required, not more than thirty three percent (33%) 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. 3. Warranty: 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 immediately after removal. 4. Cash Mitigation: The cash fee in lieu of replacement mitigation fee will be set forth in the city fee schedule, and payment shall be deposited into the public landscaping initiative account prior to tree removal activities. 5. Damage: If a qualifying tree that was intended to be preserved is removed without permission of the city, or damaged so that it is in a state of decline within one year from the date of project closure, the applicant shall mitigate the tree removal through replacement as approved by the city, or a payment of a cash mitigation fee. 6. Addition To Other Landscape: The planting of trees for replacement purposes shall be in addition to any other city landscape requirements. G. Performance Guarantee: 1. Amount Of Guarantee: Any applicant of a new development 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 fulfillments, shall be calculated as follows: a. One hundred fifty percent (150%) of the cost as determined by the city for completing the tree replacement mitigation required in subsection F of this section. b. One hundred fifty percent (150%) of the cost as determined by the city for completing the tree protection requirements listed in subsection D5 of this section. 2. Release Of Guarantee: The performance guarantee will be released or reduced upon verification by the city that the tree preservation plan was followed and that the tree replacement schedule was complied with, but in no event shall the performance guarantee be released earlier than one year after the date of the substantial completion of the project. Project completion 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. H. Compliance With Plan: 1. Implementation: 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. 2. Inspection: The city shall have the right to inspect the development and/or building site in order to determine compliance with the approved tree preservation plan. The city shall determine whether compliance with the tree preservation plan has been met. https://www.sterlingcodifiers.com/codebook/index.php?book_id=500 9/10 7/19/2019 I. Maintenance: Sterling Codifiers, Inc. 1. The applicant or property owner is responsible for maintenance of trees to be preserved and recommended mitigation until such time as the property is sold to the homeowner, or turned over to a homeowners' association. Prior to closing on a house, the applicant will review the status of the trees on the site and remove and replace trees designated for preservation if found dead or dying. 2. On public property, the applicant will be responsible for tree preservation and recommended mitigation until such time as the area included in the tree preservation plan is no longer in an actively developing subdivision. Review of the public property land will occur before final development build out and any tree removal and replacement will be the responsibility of the applicant. 3. Individual private property owners shall be responsible for the maintenance of vegetation on the property owner's property. Qualifying trees preserved as a part of the tree preservation plan are prohibited from being removed until such time as the entire plat is no longer an actively developing subdivision, or written approval is obtained from the city. 4. Homeowners' associations shall be responsible for the maintenance of vegetation in common areas after title to the common areas has been transferred to the homeowners' association. 5. Shrubs, brush and buckthorn and other invasive or nonqualifying trees/woodlands may be periodically removed by a property owner without submittal of a tree preservation plan, with the practice of all tree protection measures included in this section, or as modified and approved by the city. (Ord. 861, 6-17-2009) https://www.sterlingcodifiers.com/codebook/index.php?book_id=500 10/10