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2015-10-26 EC Agenda Packet AGENDA GOLDEN VALLEY ENVIRONMENTAL COMMISSION Regular Meeting Golden Valley City Hall, 7800 Golden Valley Road Council Conference Room, Monday, October 26, 2015 7:00 PM 1. Call to Order 2. Approval of Regular Meeting Minutes — September 28, 2015 3. Updating Tree and Landscape Code 4. Natural Resources Education/Communication plan 5. Composting and Organics Recycling (brief update) 6. Program/Project Updates (Staf� 7. Commission Member Council Reports (Commissioners) 8. Other Business 9. Adjourn This c�c��urnent is auailabl�i�alternate f�rmats upon a 72-h�ur request, Pi��s�'call _ �b3-5��-���b(`�'Tl': 763-593-346�}to make a requ�st. Example�ofi al�eirr�at�fcarm��s: rnay inclutle I�rge print,�I�ctranic,Braille,autliocassette, etc. GOLDEN VALLEY ENVIRONMENTAL COMMISSION Regular Meeting Minutes September 28, 2015 Present: Commissioners: Tracy Anderson, Tonia Galonska, Lynn Gitelis, Dawn Hill, Larry Johnson, and Jim Stremel; Eric Eckman, Public Works Specialist; and Claire Huisman, Administrative Assistant Absent: Commissioner Debra Yahle Call to Order Lynn Gitelis called the meeting to order at 7:05 pm. Approval of Reqular Commission Meetina Minutes of AuQust 24, 2015 MOVED by Stremel, seconded by Anderson, and the motion carried unanimously to approve the minutes of the August 24, 2015 regular meeting. Compostinq and Oraanics Recvclinq Eric Eckman presented a composting/organics recycling report which gave existing options available to residents as well as some potential options to consider. Other items discussed included: new or amended recycling contract to add organics material to the existing recycling contract (either cart or bag); modify existing trash hauler licensing in city code to require licensed haulers to provide organics collection as an optional service to residents. Eckman will talk with Republic Services for pricing and contract options on providing organic recycling to Golden Valley residents. It was suggested to include for Council information, a Cost-Benefit Analysis on organic recycling services. Natural Resources Education/Communication Plan The Environmental Commission is tasked to assist in the implementation of the Natural Resources Management Plan (NRMP) which involves supporting and providing public outreach and education. Brainstorming ideas for topics to include in annual or bi-annual communication pieces to the public (through social media, newsletters, TV, etc) included: pollinators/bees; buckthorn busting; Emerald Ash Borer; other insects affecting trees; wildlife; water resources information; Garlic Mustard; air quality; and human encroachment onto public properties. Staff will work with Communications staff to put together a schedule so that these natural resource topics can be rolled out at the appropriate times throughout the year. Updatinct Tree and Landscape Re4uirements The Physical Development Dept is working on updates to the Tree Preservation section of City Code. The Environmental Commission will be able to review and comment on the proposed code revisions after City Council's initial review in October. Proqram/Proiect Updates The complete program/project summary is on file. Eckman provided additional Minutes of the Environmental Commission September 28, 2015 Page 2 of 2 updates on the Liberty Crossing Project which included two minor changes to the plan: provide for two levels of parking under the apartment building; and remove 8 townhomes in the northeast part of the site to allow for more above ground flood storage. Eckman also discussed the temporary access & occupation of Sochacki Park in regards to the Bottineau LRT Project. The LRT project team continues to work on engineering analysis and environmental review. Commission Member Council Reports None Other Business Meeting dates and time were discussed for the rest of 2015 and for 2016. The Commission decided to change the time of the meeting from 7:OOpm to 6:30pm beginning January 25, 2016. Proposed meeting dates include: October 26, 2015 July 25, 2016 November 23, 2015 August 22, 2016 December 14, 2015 September 26, 2016 January 25, 2016 October 24, 2016 February 22, 2016 November 28, 2016 March 28, 2016 December 26, 2016 (to be cancelled) April 25, 2016 May 23, 2016 June 27, 2016 Adiourn MOVED by Hill, seconded by Galonska, and the motion carried to adjourn the meeting at 9:02pm. Claire Huisman Administrative Assistant ��tyof � DIC��YI MEMQRANDUM � . vC�. �,,'� Physical Development Department 763-593-8030/763-593-3988(fax) Date: October 19, 2015 To: Environmental Commission From: Eric Eckman, Public Works Specialist Subject: Update Tree and Landscape Requirements in City Code The Physical Development Department is working on updates to the Tree Preservation section of City Code.The updates seek to simplify and improve the existing policies, provisions, and calculations while incorporating the City's minimum landscape standards into the code. The overall goal is to preserve and protect the highest quality trees to the maximum extent practical. The attached memo from Mr. Lundstrom and Ms. Goellner summarizes the effort. City Council reviewed the proposed code changes on October 13, 2015. No significant changes were requested at the meeting. The Environmental Commission is also being asked to review the proposed code. Comments will be considered and modifications made prior to the first reading of the ordinance, scheduled for November 17, 2015. G:\Environmental Commission\Memos\Update Tree-Landscape Code_1015.docx city of � _ �olden MEMORAN � UM . �Ta, E,,'� Physical Development Department 763-593-8095/763-593 8109(fax) Executive Summary Golden Valley Council/Manager Meeting October 13, 2015 Agenda Item Proposed Changes to Tree and Landscape Requirements Prepared By AI Lundstrom, Parks Maintenance Supervisor Emily Goellner, Associate Planner/Grant Writer Summary Staff is seeking feedback from Council regarding the set of proposed changes to the Tree Preservation section of City Code. Allowable Tree Removal Reduced The City's goal is to require the preservation of high quality trees to the largest practical.extent possible. Staff is proposing to reduce the amount of trees than can be removed from the site prior to mitigation being required during both initial site development (which includes any regrading of a site or installation of utilities) and lot development (which includes construction of buildings and installation of landscaping). _ _ _ __ . _ ._ � Type of Work Zoning District �t Current �; Proposed � � ' Initial Site ', 25%of trees on lot may ; 20�0 of trees on lot may Development � All Districts , be removed prior to '; be removed prior to ; (Grading, Utilities) i, � mitigation ; mitigation � � _ __ _ _ __ _ � -- __. � � Single-Family � � �0%�of trees on lot may ; 15%of trees on lot may � Lot Development ' be removed prior to � be removed prior to Residential � � g --- , . .g — _ _, . .gation ; Buildin � miti ation miti Construction, ! 30%of trees on lot may 30%of trees on lot may ' � Landscaping) ( All other Land Uses ; be removed : be removed Prioritizing Mitigation Options Forestry staff has prioritized the planting of trees over cash deposits. However, planting all of the trees necessary to meet the mitigation requirement can be challenging on some lots due to the presence of structures, power lines, changes in grading, and other existing trees. Because of this, staff would like to add language that outlines the City's prioritization of mitigation options. In order of priority,trees should be planted: 1. On the property in which they were removed 2. Within the development proposal that includes multiple lots 3. Off-site, but within the City of Golden Valley 4. Pay cash in-lieu of planting Introduction of Minimum landscape Standards The following landscape standards were compared to recent developments within the City as well as to the standards used in surrounding cities. --------------T------------------- � j Minimum Zoning District Eligibility Minimum Tree Plantings � Shrub/Perennial ------_--------- --- ---- -- --- ----------- Plantings New Construction Single-Family or � 3 trees, 1 of which must Residential i 100%increase in � be located in the front i 5 shrubs/perennials i building footprint of � yard ' rinci le structure �p p I -- -------------- ------____-�— -- _____---- --- ---_.. ___.____ --- __ Examples Analyzed: Paisley Ln, Meadow Ln, Sunnyridge Ln,Triton Drive, Cutacross Rd �--------._. __—____ ___ ___--. ____. -..----- 1 tree per 50 Iinear feet of 1 shrub/perennial per 5 street fronta e linear feet of street Industrial New Construction g frontage or 1 tree per 50 linear feet of 10%increase in 1 shrub/perennial per 5 Light Industrial perimeter abutting linear feet of perimeter impervious surface residential property or regional trail abutting residential property or regional trail Examples Analyzed: CenterPoint Energy, Lock-Up All Other Zoning Districts (Multi-Family New Construction Residential, or 1 tree per 50 linear feet of 1 shrub/perennial per 5 Mixed Use, 10% increase in perimeter linear feet of perimeter Commercial, impervious surface Institutional, I O�ce) � �--------------I----- — - ________ ____------- __.-- ------- _________ ----- ------ - - � Examples Analyzed:Trustone, Holiday Inn Express, Arcata, Xenia L_-- ------- - ���y o� DIG���2 IVIEMt� RANDUM � . �Ta, E,'� Physical Development Department 763-593-8030/763-593-3988(fax) Date: October 19, 2015 To: Environmental Commission From: Eric Eckman, Public Works Specialist Subject: Natural Resources Education/Communication Plan Consistent with its 2015 work plan,the Environmental Commission created a list of natural resource based educational topics at its September 2015 meeting. The topics identified and discussed include: • pollinators/bees • buckthorn • emerald ash borer • other insects affecting trees • wildlife • garlic mustard • air quality • water resources information • human encroachment onto public properties (work directly with property owners) These topics are being forwarded to Communications staff for further refinement and development of a natural resources communications plan. It is anticipated that the plan will include the types of inedia proposed to convey the message,the appropriate time of year to roll out the information, and the potential for volunteer opportunities. G:\Environmental Commission\Memos\NRMP communications plan_1015.docx PROGRAM/PROJECT UPDATES–OCTOBER 2015 NATURAL RESOURCES MANAGEMENT PLAN Bees/pollinators article City staff is drafting an article on pollinators (including bees) and pollinator habitat. The article will provide education about the important role of pollinators, highlight some of the habitat in Golden Valley, and encourage a reduction in the use of chemicals that may be harmful to these insects and wildlife. This is planned for the next City Newsletter. Easement along Bassett Creek Consistent with the NRMP, staff worked with the property owner immediately south of the City's Bassett Creek Nature Area to dedicate a public walkway and open space easement along Bassett Creek. For years,there had been a trail linking the sidewalk on Duluth Street to the nature area, but the easement (which was required as part of the original development approval) had never been recorded. It is anticipated that an entry sign for the nature area will be placed within the easement in the future. WATER RESOURCES 2015 Bassett Creek Restoration Project (Rhode Island Ave to Duluth St) Council is considering award of contract on October 20. If approved,the project will begin in November 2015 and run through Summer 2016, with native vegetation planting and establishment following construction. This is a watershed-funded project designed to stabilize and vegetate stream banks, repair storm sewer outlets, and reduce erosion and sedimentation. Long-Term Flood Damage Reduction Study for Medicine lake Road &Winnetka Avenue Area (includes DeCola Ponds neighborhood) The additional scope of work approved by the 3 cities in September is underway. Tasks include: modeling and evaluating the various flood mitigation projects to determine cumulative impacts during a flood event;further develop cost-share scenarios; meet with 3 cities to present and discuss results. Citywide Pond &Wetland Assessment The City is in the process of conducting a pond and wetland assessment to determine the condition of the water bodies. This work is required as part of the City's stormwater permit with MPCA. Results will help the City prioritize and program future capital and maintenance projects to keep the ponds functional and protect and improve water quality in downstream natural receiving waters. PRIVATE DEVELOPMENTS Boone Avenue Convenience Center(600 Boone Avenue N)—Minor PUD Amendment. Installation of seven parking spaces within the front yard setback. Scheduled for City Council on October 20. Peaceful Valley Montessori Academy(6500 Olson Memorial Highway)—Conditional Use Permit. Relocate existing day care to new site (former TruStone Financial Credit Union building). Planning Commission recommended approval (7-0) on September 28. Scheduled for a Speciai City Council meeting on October 26. 7200 Harold Avenue—Subdivision. Split one lot into two in a Moderate Density Residential (R- 2) zoning district. Scheduled for Planning Commission on October 26. 7218 Harold Avenue—Subdivision. Split one lot into two in a Moderate Density Residential (R- 2) zoning district. Scheduled for Planning Commission on October 26. Liberty Crossing—Minor PUD Amendment. Revision of the flood storage area and removal of 8 townhome units in the northeast corner of the site. Scheduled for City Council on November 4. The Three•Nine•Four Apartments—Construction of 303 market rate apartment units and 107 senior living units. Final Plat, PUD Permit, and Development Agreement will be scheduled for City Council in October or November. Other Items METRO Blue Line Extension—An open house to present environmental information will be held at City Hall on Wednesday, October 28,from 5:30 to 7 pm. � +� c a� E a� � L N C •� � y � � c a �'' h� N GJ � � 41 � � � � � UJ N � � � �" � � v '� Q- o a ,,, � °� p� �+ L N 41 a ++ � U N 7 � � � � G�1 � � � � N d ti. � O � O �n � m N N N � +-' '^ 41 C cv �n U C Q � � N U i C C � � N V �• N � � W J � u o c � � � E- o � a� F- � `^ c fl" °},' Z a o '� o � — fO -o +� � � ,.� •� � � � c c � J � � a` N ,� c�'i � +' > o � � c�i � a�i p_ °J � a�i v oZS ` N � C a� � O — � � � I'� � ° o .c � � � o v � � Q � v �- a a�i `� �' � '� � � � '� � a1 �w • a-' = � E � +� o a, — a, u � • � a- co •° C7 �. 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Findings and Purpose Statement The City Council finds it is in the best interest of the City to protect, preserve, and enhance the natural environment of the community and to encourage a resourceful and prudent approach to the development, redevelopment and alteration of trees or wooded areas. In the interest of achieving these objectives, the City has established the comprehensive tree preservation regulations herein to promote the furtherance of the following: A. Protection and preservation of the environment and natural beauty of the City; B. Assurance of orderly development and redevelopment within trees or wooded areas to minimize tree and habitat loss; C. Prevention or reduction of soil erosion and sedimentation and storm water ru noff; D. Evaluation of the impacts to trees and wooded areas resulting from development; E. Establishment of minimal standards for tree preservation and the mitigation of environmental impacts resulting from tree removal; F. Provision of incentives for creative land use and environmentally compatible site design which preserves trees and minimizes tree removal and clearcutting during development; and G. Enforcement of tree preservation standards to promote and protect the public health, safety and welfare of the community. Subdivision 2. Definitions For the purposes of this section, the following terms shall be defined as stated: A. Applicant: Any person or entity that is required to submit and implement an approved tree preservation plan under this Section. B. Construction Area: Any area in which movement of earth, alteration in topography, soil compaction, disruption of vegetation, change in soil chemistry, or any other change in the existing character of the land occurs as a result of the site preparation, grading, building construction or any other construction activity. Golden Val/ey City Code Page 1 of 10 § 4.32 C. Critical Root Zone (CRZ): An imaginary circle surrounding the tree trunk with a radius distance of one (1) foot per one (1) inch of tree diameter, e.g., a twenty (20) inch diameter tree has a CRZ with a radius of twenty (20) feet. D. Developer: Any person or entity other than a builder who undertakes to improve a parcel of land, by platting, grading, installing utilities, or constructing or improving any building thereon. E. Development or Redevelopment: Individual lot single family or two-family residential development, single-phase development and two-phase development, as those terms are defined herein. F. Diameter Inch: The diameter, in inches, of a tree measured at diameter breast height (four and a half (4.5) feet from the uphill side of the existing ground level). G. Drip Line: The farthest distance away from the trunk that rain or dew will fall directly to the ground from the leaves or branches of the tree. H. Initial Site Development: The process generally includes initial site grading; installation of utilities; construction of streets; construction and grading of drainage ways; filling of any areas; grading of the pad area; utility hookups; construction of buildings, parking lots, driveways storage areas, recreation areas, private streets, and any other activity within the Construction Area prior to construction. I. Single Lot Development: The process generally includes grading of specific pad areas; utility hookups; construction of buildings, parking lots, driveways, storage areas, recreation areas, streets, and any other activity within the specific construction zone. J. Tree: Any of the following type of trees, as each is defined herein: 1. Hardwood Deciduous Tree: Includes, but is not limited to ironwood, catalpa, oak, maple (hard), walnut, hickory, birch, black cherry, hackberry, locust and basswood. 2. Significant Tree: A healthy tree measuring a minimum of six (6) inches in diameter for Hardwood Deciduous Trees, as defined herein, or a minimum of twelve (12) inches in diameter for Softwood Deciduous Trees, as defined herein, or a minimum of four (4) inches in diameter for coniferous/evergreen trees. All other trees that do not meet this definition are not considered significant. 3. Softwood Deciduous Tree: Includes, but is not limited to cottonwood, poplars/aspen, box elder, ash, witlow, silver maple and elm. Golden Valley City Code Page 2 of 10 § 4.32 4. Specimen Tree: A healthy Hardwood Deciduous Tree measuring thirty (30) inches or greater in diameter and/or a coniferous tree measuring twenty-four (24) inches or greater in diameter. Subdivision 3. Permitting Process A. Tree Preservation Permit Eligibility. A tree preservation plan shall be submitted to and approved by the City and implemented in connection with any of the following: 1. New Development or Redevelopment in any zoning district; 2. Expansion of the footprint of any existing building by ten percent (10%) or greater square feet, where an approved tree preservation plan is not on file with the City. Within Single Family Residential (R-1) and Moderate Density Residential (R-2) Zoning Districts, the provisions of this Section shall not apply to trees removed as a result of additions to existing structures or construction of new accessory structures. B. Application Submission Requirements. 1. The tree preservation plan required hereunder shall be submitted or incorporated with a stormwater management plan. All tree preservation plans must be certified by a certified tree inspector or landscape architect retained by the Applicant. 2. The tree preservation plan shall be submitted to the City at least five (5) working days prior to the issuance of the Stormwater Permit to ensure compliance with the approved tree preservation plan. 3. Building permit Applicants for new single family or two-family homes, which are not part of a larger Development, shall prepare an individual lot tree preservation plan when Significant Trees or Specimen Trees exist on site as determined by the City Manager or his/her designee. Individual lot tree preservation plans for single family or two-family residential buildings are not required to be prepared by a certified tree inspector or landscape architect. C. Plan requirements. The tree preservation plan, a narrative and map or series of maps, shall include the following information: 1. The name(s), telephone number(s), and address(es) of Applicants, property owners, Developers and/or builders; 2. A Certificate of Survey, prepared in accordance with City specifications; 3. Delineation of all areas to be graded and limits of land disturbance; Golden Val/ey City Code Page 3 of 10 § 4.32 4. Size, species, and location of all existing Significant Trees and Specimen Trees located within the project limits. These Significant Trees and Specimen Trees should be identified in both graphic and tabular form; 5. Identification of all Significant Trees and Specimen Trees proposed to be removed within the Construction Area. These Significant Trees and Specimen Trees should be identified in both graphic and tabular form; 6. Measures to protect Significant Trees and Specimen Trees; 7. Size, species, and location of all replacement trees proposed to be planted on the property in accordance with the tree replacement schedule; and 8. Signature of the person(s) preparing the plan. Subdivision 4. Tree Protection A. Required protective measures. The tree preservation plan shall identify and require the following measures to be utilized during construction to protect significant trees and specimen trees: 1. Installation of snow fencing or polyethylene laminate safety netting placed at the Drip Line or at the Critical Root Zone (CRZ), whichever is greater, of Significant Trees and Specimen Trees to be preserved. No grade change, construction activity, or storage of materials shall occur within this fenced area. 2. 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 at the moment of trimming. 3. Prevention of change in soil chemistry due to concrete washout and leakage or spillage of toxic materials, such as fuels or paints. B. Additional protective measures. The following tree protection measures are suggested to protect Significant Trees and Specimen Trees that are intended to be preserved according to the submitted tree preservation plan and may be required by the City: 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. Go/den Valley City Code Page 4 of 10 § 4.32 4. Transplanting of Significant Trees into a protected area for later moving into permanent sites within the construction area. 5. Therapeutic pruning of diseased tree branches or damaged and exposed root systems. 6. Installation of root severing protection barriers along Critical Root Zones. 7. Designation of areas for soil and equipment storage to prevent soil compaction in Critical Root Zones. Subdivision 5. Tree Removal A. Tree removal allowance. Specimen Tree and Significant Tree removal shall be in accordance with the City approved tree preservation plan. Mitigation shall be required if the total number trees removed exceed the following percentages: 1. Single Lot Development a. Single Family (R-1) and Moderate Density (R-2) Residential: fifteen percent (15%) allowable removal prior to mitigation requirements b. Medium (R-3) and High Density (R-4) Residential and all other land uses: thirty percent (30%) allowable removal prior to mitigation requirements 2. Two-Phase Development a. Initial Site Development: twenty percent (20%) of Specimen Trees and Significant Trees be removed 1) The entity responsible for initial site Development will be solely responsible for any mitigation required and performance guarantees will be required. b. Single Lot Development 1) Single Family (R-1) and Moderate Density Residential (R-2), fifteen percent (15%) allowable removal prior to mitigation requirements 2) Medium (R-3) and High Density (R-4) Residential and all other land uses, thirty percent (30%) allowable removal prior to mitigation requirements B. Exception. When practical difficulties result from strict compliance with the provisions of this paragraph, the City Manager or his/her designee may permit Significant Tree and Specimen Tree removal in excess of allowable Golden Va/ley City Code Page 5 of 10 § 4.32 limits in the Plan. In the event such exception is granted, a reforestation plan or cash mitigation will be required. The City shall determine which form of mitigation shall be utilized. C. Removal of diseased trees required. Prior to any grading, all diseased, hazardous, and nuisance trees on the subject property shall be identified by the City in accordance with the tree disease control and prevention regulations of the City Code. Any and all diseased or hazardous trees as identified in other Sections of this Code shall be removed from the property at the expense of the property owner, at the time of grading, if so directed. D. Removal or destruction of protected trees. Any Significant or Specimen Tree that was removed or otherwise destroyed within two (2) years before any application for a grading, drainage and erosion control permit or building permit or other zoning or related application for Development must be replaced in the same general location by two (2) trees meeting the requirements of Category A, Subdivision 5(A) herein. The replacement trees will be considered Significant Trees existing at the time of the Development application and may be removed and relocated on the site only if the original Significant Tree would have been allowed to be removed under this Code. Subdivision 6. Tree replacement A. Size of replacement trees: 1. Category A trees shall be no less than the following sizes: Deciduous trees, not less than four (4) inches in diameter. Coniferous trees, not less than twelve (12) feet in height. 2. Category B trees shall be no less than the following sizes: Deciduous trees, not less than two and a half (2�/2) inches in diameter. Coniferous trees, not less than six (6) feet in height. 3. Category C trees shall be no less than the following sizes: Deciduous trees, not less than one and one half (1�/2) inches in diameter. Coniferous trees, not less than four (4) feet in height. B. Significant and specimen tree replacement. Number of Replacement Trees Category A or Category B or Category C SiQnificant Tree(s) Removed Coniferous, 12 to 24 feet high 1 2 4 Coniferous, 24 feet or higher 2 4 8 Hardwood deciduous, 6 to 20 inches diameter 1 2 4 Go/den Valley City Code Page 6 of 10 § 4.32 Category A or Category B or Category C Hardwood deciduous, 21 to 30 inches diameter 2 4 g Softwood deciduous, 12 to 24 inches diameter 1 2 4 Softwood deciduous, greater than 24 inches diameter 2 4 8 Specimen Tree(s) Removed 3 6 12 C. Species requirement. Where ten (10) or more replacement trees are required, not more than fifty percent (50%) of the replacement trees shall be of the same species of tree without the approval of the City Manager or his/her designee. D. Warranty requirement. Any replacement tree which is not alive or healthy, as determined by the City, or which subsequently dies due to construction activity within one (1) growing season 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 eight (8) months of removal. Subdivision 7. Tree Mitigation A. In any Development that the tree allowable removal limits are exceeded, the Applicant shall mitigate the tree loss by either reforestation (tree replacement) of appropriate areas within the Development area, in accordance with the tree replacement schedule, or payment to the City of the sum per Diameter Inch calculated from the total amount of Diameter Inches of the required replacement trees in accordance with the tree replacement schedule. The fee per Diameter Inch shall be set forth in the City fee schedule, and the payment thereon shall be deposited into an account designated specifically for tree mitigation. B. The form of mitigation to be provided by the Applicant shall be determined by the City Manager or his/her designee. C. The planting of trees for mitigation shall be in addition to any other landscape requirements or minimum standards of the City. D. Significant Tree replacements will be calculated by replacing the largest diameter tree first, proceeding to the smallest diameter Significant Tree. E. The location of required tree replacement shall be prioritized in the following order: 1. On the property in which trees were previously removed 2. Within the Development proposal Golden Val/ey City Code Page 7 of 10 § 4.32 3. Off-site within the City of Golden Valley as determined by the City Malnager or his/her designee Subdivision 8. Minimum Landscape Requirements A. Eligibility. The following requirements are applicable to all properties within the following Zoning Districts: 1. Single Family (R-1) and Moderate Density Residential (R-2). a. New construction of principle structure b. One-hundred percent (100%) increase in building footprint of principle structure 2. All other Zoning Districts. a. New Construction of principle structure b. Ten percent (10%) increase in impervious surface B. Minimum Requirements. 1. Single Family (R-1) and Moderate Density Residential (R-2). a. Three (3) trees, one (1) of which must be located in the front yard b. Five (5) shrubs/perennials 2. Industrial and Light Industrial. a. One (1) tree per fifty (50) linear feet of street frontage b. One (1) tree per fifty (50) linear feet of perimeter abutting residential property c. One (1) tree per fifty (50) linear feet of perimeter abutting regional trail d. One (1) shrub/perennial per five (5) linear feet of street frontage e. One (1) shrub/perennial per five (5) linear feet of perimeter abutting residential property f. One (1) shrub/perennial per five (5) linear feet of perimeter abutting regional trail 3. All other Zoning Districts. Golden Valley City Code Page 8 of 10 § 4.32 a. One (1) tree per fifty (50) linear feet of perimeter b. One (1) shrub/perennial per five (5) linear feet of perimeter C. Calculation. 1. Existing and approved trees to be maintained and viable on the lot throughout the building process and for one (1) growing season shall apply toward the required number of trees. 2. Calculations to determine the minimum requirements are rounded up to the nearest whole number. 3. The City Manager or his/her designee reserve the right to modify landscaping requirements based on the form and nature of the building and lot and the surrounding lots. Subdivision 9. Performance guarantee. A. Any Applicant for any building or grading permit within a Development covered by this Section 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 shall be calculated for each tree preservation plan as follows: 1. One hundred percent (100%) of the cost of completing tree replacement mitigation as determined by the City unless the Applicant provides tree mitigation in the form of cash dedication, or; 2. An amount to guarantee preservation of all trees to be preserved in the tree preservation plan which lie within fifteen (15) feet of the Construction Area (measured from the Construction Area to the nearest side of the tree trunk). The amount shall be based on the total Diameter Inches of Significant Trees and Specimen Trees to be preserved within this fifteen (15) foot zone at the rate of twenty-five dollars ($25.00) per Diameter Inch. 3. Performance guarantee shall be in addition to any other landscaping bond required by the City. 4. Following written request by the Applicant for acceptance, the performance guarantee will be released upon verification by the City that the tree preservation plan was followed and that the tree replacement schedule was complied with where necessary, but in no event shall the performance guarantee be released earlier than one (1) growing season after the date of the approval of final inspection. Golden Val/ey City Code Page 9 of 10 § 4.32 Subdivision 10. Compliance A. 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 Manager or his/her designee. B. No Significant Trees or Specimen Trees shall be removed until a tree preservation plan is approved and such removals shall be in accordance with the approved tree preservation plan. If a Significant Tree(s) or Specimen Tree(s) that was intended to be preserved is removed without specific permission of the City Manager or his/her designee or damaged so that it is in a state of decline within one (1) year from date of project closure, a cash mitigation, calculated per Diameter Inch of the removed tree or per total square foot of Significant Tree and Specimen Tree, in the amount set forth in the City fee schedule, shall be remitted to the City. C. 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 the tree preservation plan has been complied with. Golden Valley City Code Page 10 of 10 § 4.32 Section 4.32: Tree and Landsca�e RequirementsDr��^rT,�+;�r Subdivision 1. Findings and Purpose Statement The City Council finds it is in the best interest of the City to protect, preserve, and enhance the natural environment of the community and to encourage a resourceful and prudent approach to the development, redevelopment and alteration of trees or wooded areas. In the interest of achieving these objectives, the City has established the comprehensive tree preservation regulations herein to promote the furtherance of the following: A. Protection and preservation of the environment and natural beauty of the city; B. Assurance of orderly development and redevelopment within trees or wooded areas to minimize tree and habitat loss; C. Prevention or reduction of soil erosion and sedimentation and storm water runoff; D. Evaluation of the impacts to trees and wooded areas resulting from development; E. Establishment of minimal standards for tree preservation and the mitigation of environmental impacts resulting from tree removal; F. Provision of incentives for creative land use and environmentally compatible site design which preserves trees and minimizes tree removal and clearcutting during development; and G. Enforcement of tree preservation standards to promote and protect the public health, safety and welfare of the community. Subdivision 2. Definitions For the purposes of this section, the following terms shall be defined as stated: I . • � B:_A_____Applicant: Any person or entity that is required to submit and implement an approved tree preservation plan under this section. � �:f3_____Construction Area: Any area in which movement of earth, alteration in topography, soil compaction, disruption of vegetation, change in soil chemistry, or any other change in the existing character of the land occurs as Golden Valley City Code Page 1 of 11 § 4.32 a result of the site preparation, grading, building construction or any other construction activity. � �.�.._ Critical Root Zone (CRZ): An imaginary circle surrounding the tree trunk with a radius distance of one foot per one inch of tree diameter, e.g., a twenty (20) inch diameter tree has a CRZ with a radius of twenty (20) feet. � E:C�. Developer: Any person or entity other than a builder who undertakes ---___.__ to improve a parcel of land, by platting, grading, installing utilities, or constructing or improving any building thereon. � F.-E. Development or Redevelopment: Individual lot single-family or __.....__ .--_ two-family residential development, single-phase development and two- phase development, as those terms are defined herein. � G.F.�.__.____Diameter Inch: The diameter, in inches, of a tree measured at diameter breast height (four and a half(4.5) feet from the uphill side of the existing ground level). � +i:C',,. _ _____Drip Line: The farthest distance away from the trunk that rain or dew will fall directly to the ground from the leaves or branches of the tree. , . Formatted:List Paragraph, No bullets or .:H.___,__Initiai Site Develoqment: The process Qenerallv includes initial site • numbering qrading; installation of utilities; construction of streets; construction and qradin4 of drainage ways; filling of anv areas; qrading of the pad area; utilitv hookups• construction of buildings, parkinq lots, driveways storaae areas, recreation areas,�private streets, and any other activity within the construction area prior to construction. I . "�� . , � Pormatted:List Pa2graph, No bullets or numbering � r I<.I._ Sinqle Lot Development: The process qenerallv includes qradinq of sqecific pad areas; utility hookups; construction of buildin4s, parkinq lots, driveways, storaae areas, recreation areas, streets, and any other activitv within the specific construction zone. :4i. .. ..4'.. • A�4i..it:�e� ...h:e�Hc .. .1.. . iy r � r r i i i Golden Valley City Code Page 2 of I1 § 4.32 I , , , , , , � ^�:J,_,____Tree: Any of the following type of trees, as each is defined herein: � • , , � , � • , , � , , 3-:]_._ Hardwood Deciduous Tree: Includes, but is not limited to ironwood, I catalpa, oak, maple (hard), walnut, as��hickory, birch, black cherry, hackberry, locust and basswood. I 4:2___Significant Tree: A healthy tree measuring a minimum of six (6) inches in diameter for hardwood deciduous trees, as defined herein, or a minimum of twelve (12) inches in diameter for softwood deciduous trees, as defined herein, or a minimum of}����':,� �,'; F��� :� ��:;��four 4 inches in diameter for coniferous/evergreen trees. All other trees that do not meet this definition are not considered significant I �:3. Softwood Deciduous Tree: Includes, but is not limited to cottonwood, poplars/aspen, box elder, ash, willow, silver maple and elm. 6�4__^Specimen Tree: A healthy hardwood deciduous tree measuring e�tral thirty (30) inches or greater in diameter and/or a coniferous tree measuring €+€��9�-�ee�twentv-four f24) inches or greater in-diameter#�eigl�. % � ; ; , ; . ; % , , , , ,.�� ��•.. , ; ���� . Subdivision 3. Permitting Process � A. Tree Preservation Permit Eligibility. A tree preservation plan shall be submitted to and approved by the City and implemented in connection with any of the following: 1. New development or redevelopment in any zoning district; Golden Ualley City Code Page 3 of 11 § 4.32 � �—Expansion of the footprint of any existing building by ten percent (10%) or greater square feet, where an approved tree preservation plan is not on file with the City. 3-:— ��Within Ssingle-F#amily Residential (R-1) and��Moderate Density Residential (R-2) Z�oning D�istricts, the provisions of this section shall not apply to trees removed as a result of additions to existing structures or construction of new accessory structures. � B. Apqlication Submission R�equirements. 1. The tree preservation plan required hereunder shall be submitted or I incorporated with a � , � ' stormwater manaqement plan. All tree preservation plans must be certified by a certified tree inspector or landscape architect retained by the applicant. 2. The tree preservation plan shall be submitted to the City at least five I working days prior to the issuance of the , � �e+Stormwater�e�+�-Permit to ensure compliance with the approved tree preservation plan. 3. Building permit applicants for new single-family or two-family homes, which are not part of a larger development, shall prepare an individual lot tree preservation plan when significant trees or; specimen trees�e� exist on site as determined by the�i�a�e�City Manager or his/her desiqnee. Individual lot tree preservation plans for single-family or two-family residential buildings are not required to be prepared by a certified tree inspector or landscape architect. D. Plan requirements. The tree preservation plan, a narrative and map or series of maps, shall include the following information: 1. The name(s), telephone number(s), and address(es) of applicants, property owners, developers and/or builders; 2. A Certificate of Survey, prepared in accordance with City specifications; 3. Delineation of all areas to be graded and limits of land disturbance; 4. Size, species, and location of all existing significant trees, specimen trees, and significant woodlands located within the project limits. These � significant trees and; specimen trees, should be identified in both graphic and tabular form; I 5. Identification of all significant trees and; specimen trees, � � � a�res�-4a-�ds proposed to be removed within the construction area. These Golden Valley City Code Page 4 of 11 § 4.32 � significant trees and; specimen trees, should be identified in both graphic and tabular form; I 6. Measures to protect significant trees and; specimen trees��igr�+€+ea� �s; 7. Size, species, and location of all replacement trees proposed to be planted on the property in accordance with the tree replacement schedule; and 8. Signature of the person(s) preparing the plan. E. Required protective measures. The tree preservation plan shall identify and require the following measures to be utilized during construction to protect � significant trees and; specimen trees, . 1. Installation of snow fencing or polyethylene laminate safety netting placed at the drip line or at the critical root zone (CRZ), whichever is greater, of � significant trees and; specimen trees_, to be preserved. No grade change, construction activity, or storage of materials shall occur within this fenced area. 2. 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 at the moment of trimming. 3. Prevention of change in soil chemistry due to concrete washout and leakage or spillage of toxic materials, such as fuels or paints. F. Additional protective measures. The following tree protection measures are I suggested to protect significant trees and,—_specimen trees�i€+� �s that are intended to be preserved according to the submitted tree preservation plan and may be required by the City: 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 of diseased tree branches or damaged and exposed root systems. 6. Installation of root severing protection barriers along Critical Root Zones. Golden Valley City Code Page 5 of 11 § 4.32 7. Designation of areas for soil and equipment storage to prevent soil compaction in Critical Root Zones. G. Performance guarantee. Any applicant for any building or grading permit within a development covered by this section 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 shall be calculated for each tree preservation plan as follows: 1. One hundred percent (100%) of the cost of completing tree replacement mitigation as determined by the City unless the applicant provides tree mitigation in the form of cash dedication, or; 2. An amount to guarantee preservation of all trees to be preserved in the tree preservation plan which lie within fifteen (15) feet of the construction zone (measured from the construction zone to the nearest side of the tree trunk). The amount shall be based on the total diameter inches of significant trees and specimen trees to be preserved within this fifteen (15) foot zone at the rate of twenty-five dollars ($25.00) per diameter inc 3. 4. Performance guarantee shall be in addition to any other landscaping bond required by the City. 5. Following written request by the applicant for acceptance, the performance guarantee will be released upon verification by the City that the tree preservation plan was followed and that the tree replacement schedule was complied with where necessary, but in no event shall the I performance guarantee be released earlier than one 1 �growing seasons after the date of the approval of final inspection. H. Removal of diseased trees required. Prior to any grading, all diseased, hazardous, and nuisance trees on the subject property shall be identified by the City in accordance with the tree disease control and prevention regulations of the City Code. Any and all diseased or hazardous trees as identified in other sections of this code shall be removed from the property at the expense of the property owner, at the time of grading, if so directed. I I. Removal or destruction of protected trees�-vvsec�la+�s. Any significant or specimen tree that was removed or otherwise destroyed within two years before any application for a grading, drainage and erosion control permit or building permit or other zoning or related application for development must be replaced in the same general location by two trees meeting the requirements of Category A, Subdivision 5.A. Golden Valley City Code Page 6 of I1 § 4.32 herein. The replacement trees will be considered significant trees existing at the time of the development application and may be removed and relocated on the site only if the original significant tree would have been allowed to be removed under this ordinance. � J. Compliance�--plarr 1. 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 I request is made to and approved by the ^��Citv ManaQer or his/her designee. � 2. No significant trees or,—specimen trees, shall be removed until a tree preservation plan is approved and such removals shall be in accordance with the approved tree preservation plan. If a � significant tree(s) or,—specimen tree(s) that was intended to be preserved is removed without specific permission of I the City Manaqer or his/her desianee or damaged so that it is in a state of decline within one�(1�) years from date of project closure, a cash mitigation, calculated per diameter inch of the I removed,'�'==���_;=�' tree or per total square foot of� �dssi4nificant tree and saecimen tree, in the amount set forth in the City fee schedule, shall be remitted to the City. 3. 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 the tree preservation plan has been complied with. ISubdivision 4. �FIew�l�Tree Removal I A. Tree removal allowance. Specimen tree and,—_significant tree, ' +bsedla�d removal shall be in accordance with the City-approved tree preservation plan. Mitigation shall be required if the total number trees removed exceed the following percentages: � 1. Single-L�ot Ddevelopment.- a. Single- � Family (R-1) and Moderate Density (R-2) Residential:;fifteen�we+��-percent (15�9%) allowable removal nrior to mitigation requirements.- b• Medium R-3 and Hiqh Densitv (R-4) Residential and all other land uses•;thirty percent (30%) allowable removal prior to mitigation requirements.- � 2. Two-Phase f�4trltl—Is�development.- Golden Valley City Code Page 7 of 11 § 4.32 a Initial Site Develo�ment• 20% of specimen trees and si4nificant trees be removed � • (1) The entity responsible for initial site develoament will be solely responsible for anv mitigation reauired and performance auarantees will be reauired. . . � • � b. Single L�ot�we-�k►as�development- � � � � a-�� Single- ' Familv (R-1) and Moderate Densit R�esidential R-2 , fifteen��+-percent (15�-8%) allowable removal prior to mitiqation reauirements �� ' Medium R- 3) and Hiqh Densitv (R-4) -Residential and all other land uses, thirty percent (30%) allowable removal prior to mitiqation reauirements- B. Exception. When practical difficulties result from strict compliance with the provisions of this paragraph, the City Manaqer or his/her desianee may permit significant tree and,—_specimen tree, weed+a�� removal in excess of allowable limits in the Plan. In the event such exception is granted, a reforestation plan or cash mitigation will be required. The City shall determine which form of mitigation shall be utilized. ISubdivision 5. Tree R�eplacement A. Size of replacement trees: Category A trees shall be no less than the following sizes: Deciduous trees, not less than four (4) inches in diameter. Coniferous trees, not less than twelve (12) feet in height. Category B trees shall be no less than the following sizes: Deciduous trees, not less than two and a half(2�/z) inches in diameter. Coniferous trees, not less than six (6) feet in height. Category C trees shall be no less than the following sizes: Golden Valley City Code Page 8 of 11 § 4.32 Deciduous trees, not less than one and one half(1�/z) inches in diameter. Coniferous trees, not less than four (4) feet in height. B. Significant and specimen tree replacement. Number of Re�lacement Trees Category A or Cate4ory B or Categorv C Significant Tree(s)��aged ---s�Re moved Coniferous, 12 to 24 feet high 1 2 4 Coniferous, 24 feet or higher 2 4 8 Hardwood deciduous, 6 to 20 inches diameter 1 2 4 Hardwood deciduous, 21 to 30 inches diameter 2 4 8 Softwood deciduous, 12 to 24 inches diameter 1 2 4 Softwood deciduous, greater than 24 inches diameter 2 4 8 � Specimen Tree(s) Removed 3 6 12 , .{...-F.-.......I ..} 4L...r....0 ��.���vy � , � �:�. ____Species requirement. Where ten (10) or more replacement trees are required, not more than fifty percent (50%) of the replacement trees shall be I of the same species of tree without the approval of the �esig+�eeCity Manager or his/her designee. � E.D. Warranty requirement. Any replacement tree which is not alive or healthy, as determined by the City, or which subsequently dies due to � construction activity within one �(1�) growing seasons 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 eight (8) months of removal. � F�E._______Tree Mitigation � 1. In any development that the tree�vveedla�allowable removal limits are exceeded, the applicant shall mitigate the tree loss by either reforestation (tree replacement) of appropriate areas within the development area, in Golden Valley City Code Page 9 of 11 § 4.32 accordance with the tree replacement schedule, or payment to the City of the sum per diameter inch calculated from the total amount of diameter inches of the required replacement trees in accordance with the tree replacement schedule. The fee per diameter inch shall be set forth in the City fee schedule, and the payment thereon shall be deposited into an account designated specifically for tree mitigation. 2. The form of mitigation to be provided by the applicant shall be � determined by the�City Manaaer or his/her designee. 3. The planting of trees for mitigation shall be in addition to any other landscape requirements or minimum standards of the City. 4_Significant tree replacements will be calculated by replacing the largest diameter tree first, proceeding to the smallest diameter significant tree. 5 The location of reauired tree replacement shall be prioritized in the following order: a On the property in which trees were previously removed b. Within the develooment proposal c Off-site within the City of Golden Valley as determined bv the Citv Manager or his/her desi� Source: Ordinance No. 199, 2nd Series Effective Date: 5-i3-99 Subdivision 6. Minimum Landscape Requirements A Eliqibilitv The followinq reauirements are applicable to all properties within the followin4 ZoninclDistricts: 1 Sinqle-Familv (R-1) and Moderate (R-2) Density Residential. a. New construction of princiqle structure b One-hundred percent f 100%) increase in buildin4 footprint of princi�le structure 2. All other Zoninq Districts. a. New Construction of principle structure b Ten percent (10%) increase in impervious surface B. Minimum Re uirements. 1 Single-Familv (R-1) and Moderate (R-2) Density Residential. a Three (3) trees one (1) of which must be located in the front vard b. Five (5) shrubs/aerennials 2. Industrial and Liqht Industrial. a One (1) tree per fiftv 150�linear feet of street frontaQe b One (� tree per fifty l50) linear feet of perimeter abuttinq residential propertv c One (1 tree per fiftv (50) linear feet of nerimeter abutting re4ional trail d One (1 shrub/perennial per five (5) linear feet of street fronta4e Golden Valley City Code Page 10 of 11 j § 4.32 e. One (1) shrub/perennial qer five (5) linear feet of perimeter abutting residential propertx f. One (1� shrub/perennial �er five (5) linear feet of perimeter abuttina reaional trail 3. All other Zoninq Districts. a. One ll) tree per fifty�50� linear feet of perimeter b. One ll) shrub/perennial qer five (5) linear feet of perimeter C. Calculation. 1. Existin4 and approved trees to be maintained and viable on the lot throuqhout the buildina process and for one (1) qrowin4 season shall aaalv toward the required number of trees. 2. Calculations to determine the minimum reauirements are rounded up to the nearest whole number. 3. The Citv Mana4er or his/her desi4nee reserve the right to modify landscapinq reauirements based on the form and nature of the buildina and lot and the surroundin4 lots. Golden Valley City Code Page 11 of 11