4.32 - Tree and Landscape Requirements § 4.32
Section 4.32: Tree and Landscape
Requirements
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 and landscape requirements 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 minimum 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;
G. Enforcement of tree preservation standards to promote and protect the
public health, safety and welfare of the community; and
H. Establishment of minimum standards for landscaping.
Subdivision 2. Definitions
For the purposes of this Section, the following terms shall be defined as stated:
A. Applicant: Any person or entity that applies for a Tree and Landscape
Permit under this Section. Applicant shall also mean such person or entity's
agents, employees and others acting under that person or entity's direction.
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.
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C. Critical Root Zone: 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 Critical Root Zone 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: Any project or integrated or related series of projects, as
determined by the City Manager or his/her designee, that involve any of the
work described in this Section.
F. Development Area: Any Lot(s) and/or land area that is the subject of
Development, as determined by the City Manager or his/her designee.
G. 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).
H. 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.
I. Initial Site Development: The first phase of a Two-Phase Development.
This phase generally includes initial site grading, installation of utilities,
construction of streets, construction and grading of drainage ways and
building pads, filling of any Development Area, and any other like activities
within the Development Area.
3. Lot: This term shall have the same meaning given such term in Chapter 11
of the City Code.
K. Perennial: A herbaceous or non-woody plant that lives two (2) or more
years, produces flowers and seeds in successive years, is planted from a #2
container or larger, and is not determined invasive or aggressive by the City
Manager or his/her designee.
L. Permittee: Any person or entity that receives a Tree and Landscape Permit
under this Section. A Permittee shall also mean such person or entity's
agents, employees and others acting under that person or entity's direction.
M. Second-Phase Development: The second phase of a Two-Phase
Development. This phase generally includes: final site grading, utility
hookups, construction of buildings, parking lots, driveways, storage areas,
recreation areas, installation of landscaping, and any other like activities
within the Development Area that are not part of the Initial Site
Development.
N. Shrub: A small Perennial bush, has several woody stems that grow from the
base, is not tree-like in appearance, is planted from a #5 container or larger,
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and is not determined invasive or aggressive by the City Manager or his/her
designee.
0. Single-Phase Development: The process where improvement of a
Development Area occurs in one (1) continuing process and typically occurs
on one (1) Lot. Activities that occur during Single-Phase Development
include: initial site grading, installation of utilities, construction of streets,
construction and grading of drainage ways and building pads, filling of any
Development Area, utility hookups, construction of buildings, parking lots,
driveways, storage areas, recreation areas, and any other activities within
the Development Area.
P. Tree and Landscape Permit: The permit granted by the City under this
Section.
Q. Tree and Landscape Plan: The plan required under this Section.
R. Tree Replacement Schedule: The requirements for the replacement of any
trees as set forth in this Section.
S. 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 not considered a nuisance under City
regulations 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 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, willow, silver maple and elm.
4. Legacy 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.
T. Two-Phase Development: The process where improvement of a
Development Area occurs in at least two (2) distinct phases and typically
occurs on more than one (1) Lot. Generally the first phase includes initial site
grading, installation of utilities, construction of streets, construction and
grading of drainage ways and building pads, filling of any Development Area,
and any other activity within the Construction Area prior to construction of
buildings. The second and subsequent phase generally includes: final site
grading, utility hookups, construction of buildings, parking lots, driveways,
storage areas, recreation areas, installation of landscaping, and any other
activities within the Development Area.
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Subdivision 3. Tree and Landscape Permit
A. Tree and Landscape Permit Eligibility. A Tree and Landscape Plan shall be
submitted to and approved by the City and implemented in connection with
any of the following described work:
1. In Single-Family (R-1) and Moderate (R-2) Density Residential Zoning
Districts.
a. New construction or reconstruction of a principle structure; or
b. Construction that results in a one-hundred percent (100%) or more
increase in building footprint of a principle structure.
2. All other Zoning Districts.
a. New construction or reconstruction of a principle structure; or
b. Ten percent (10%) ore more increase in impervious surface either on a
single Lot or collectively within a Development Area.
B. Application Submission Requirements.
1. The Tree and Landscape Plan required hereunder shall be submitted and
approved by the City prior to the City's issuance of a Stormwater
Management Permit.
C. Plan requirements. The Tree and Landscape Plan shall consist of a narrative
and map or series of maps and 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 and Legacy
Trees located within the Development's limits. These Significant Trees and
Legacy Trees should be identified in both graphic and tabular form;
5. Identification of all Significant Trees and Legacy Trees proposed to be
removed within the Construction Area. These Significant Trees and Legacy
Trees should be identified in both graphic and tabular form;
6. Measures to protect Significant Trees and Legacy Trees;
7. Whether any tree mitigation measures are required in accordance with
this Section and, if so, a description of those measures;
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8. Size, species, and location of all replacement trees proposed to be planted
on the property in accordance with the tree replacement schedule;
9. Description of compliance with the minimum landscape requirements set
forth in this Section; and
10. Signature of the person(s) preparing the plan.
D. Approval of Plan. No person shall undertake any such work unless a Tree and
Landscape Permit has first been granted for which such work and thereafter
is in compliance with such Permit and this Section. Upon the City's
acceptance of a Tree and Landscape Plan from an Applicant, which plan
satisfies the requirements set forth in this Section, then the City shall grant
the Applicant a Tree and Landscape Permit subject to the conditions and
requirements of this Section.
Subdivision 4. Tree Protection
A. Required protective measures. The Tree and Landscape Plan shall identify
and require the following measures to be utilized during construction to
protect Significant Trees and Legacy Trees:
1. Installation of snow fencing or polyethylene laminate safety netting placed
at the Drip Line or at the Critical Root Zone, whichever is greater, of
Significant Trees and Legacy 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 Legacy Trees that are intended to
be preserved according to the submitted tree and Landscape 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.
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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. Legacy Tree and Significant Tree removal shall only
be removed in accordance with a City-approved Tree and Landscape Plan.
Mitigation, as set forth in this Section, shall be required if the total number of
existing trees removed as a result of the Development meet or exceed the
following percentages:
1. Single-Phase Development
a. Single-Family (R-1) and Moderate Density (R-2) Residential Zoning
Districts: fifteen percent (15%) of the total number of existing trees in
the Development Area within such Districts.
b. All other Zoning Districts: thirty percent (30%) of the total number of
existing trees in the Development Area within such Districts.
2. Two-Phase Development
a. Initial Site Development: twenty percent (20%) of the total number of
existing Legacy Trees and Significant Trees in the Development Area
within such Districts. The party responsible for Initial Site Development
shall be solely responsible for any mitigation required and performance
guarantees required.
b. Second-Phase Development
1) Single-Family (R-1) and Moderate Density Residential (R-2) Zoning
Districts: fifteen percent (15%) of the total number of existing
trees in the Development Area within such Districts.
2) All other Zoning Districts: thirty percent (30%) of the total number
of existing trees in the Development Area within such Districts.
B. Removal of diseased trees required. Prior to any grading, all diseased and
hazardous trees on the Development Area 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.
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C. Removal or destruction of protected trees. Any Significant or Legacy Tree
that was removed or otherwise destroyed within two (2) years before any
application for a tree and Landscape Permit shall be inventoried and shall be
considered in the Tree and Landscape Plan at the time of permitting.
Subdivision 6. Mitigation
A. In any Development in which the tree removal allowance set forth in this
Section is exceeded, the Applicant shall mitigate the tree loss by either:
1. Reforestation (Tree replacement) in accordance with the Tree
Replacement Schedule and the Tree and Landscape Plan; or
2. Payment to the City of the sum calculated from the total amount of
required replacement trees in accordance with the Tree Replacement
Schedule and the City fee schedule, and such payment shall be deposited
with the City in an account designated specifically for tree mitigation.
B. The mitigation of required tree replacement shall be prioritized in the
following order:
1. Locate replacement trees on the Lot in which trees were previously
removed;
2. Locate replacement trees within the Development Area;
3. Locate replacement trees outside the Development Area within the City,
with such locations determined by the City Manager or his/her designee;
and then lastly,
4. Cash in-lieu of planting may be approved by the City Manager or his/her
designee if other mitigation options are not possible.
C. The form of mitigation to be provided by the Applicant shall be determined
by the City Manager or his/her designee.
D. The planting of trees for mitigation shall satisfy all or a portion of the
minimum landscape requirements under this Section.
E. Significant Tree replacements will be calculated by replacing the largest
diameter tree first, proceeding to the smallest diameter Significant Tree.
Subdivision 7. Tree Replacement Schedule
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.
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Category B trees shall be no less than the following sizes:
Deciduous trees, not less than two and a half (21/2) inches in diameter.
Coniferous trees, not less than six (6) feet in height.
Category C trees shall be no less than the following sizes:
Deciduous trees, not less than one and one half (11/2) inches in
diameter.
Coniferous trees, not less than four (4) feet in height.
B. Significant and Legacy Tree replacement.
Number of Replacement Trees
Category A or Category B or Category C
Significant Tree(s) Removed
Coniferous, 4 to 18
inches diameter 1 2 4
Coniferous, 19 to 24
inches diameter 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
Legacy Tree(s) Removed 3 6 12
C. Species requirement. Where ten (10) or more replacement trees are
required, not more than twenty percent (20%) of the replacement trees shall
be of the same species of tree without the approval of the City Manager or
his/her designee.
Subdivision 8. Minimum Landscape Requirements
Any eligible Development under this Section shall comply with the following
minimum landscape requirements.
A. Minimum Requirements
1. Single-Family (R-1) and Moderate (R-2) Density Residential Zoning
Districts:
a. Three (3) trees in each Lot, one (1) of which tree must be located in
the front yard; and
b. Any combination of five (5) Shrubs and Perennials in each Lot.
2. Industrial and Light Industrial Zoning Districts:
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a. One (1) tree per fifty (50) linear feet of Lot perimeter abutting or
adjacent to streets, alleyways, residential properties, and regional
trails; and
b. One (1) Shrub or Perennial per five (5) linear feet of Lot perimeter
abutting or adjacent to streets, alleyways, residential properties, and
regional trails.
3. All other Zoning Districts:
a. One (1) tree per fifty (50) linear feet of Lot perimeter; and
b. One (1) Shrub or Perennial per five (5) linear feet of Lot perimeter.
B. Calculation
1. Existing and approved Trees, Shrubs, and Perennials to be preserved or
maintained shall apply toward the minimum requirements.
2. Calculations to determine the minimum requirements are rounded up to
the nearest whole number.
3. The City Manager or his/her designee reserves the right to modify
landscaping requirements based on the form and nature of the building
and property and the surrounding properties.
4. The City maintains authority to exclude invasive, non-native, and
aggressive species from the list of eligible species which meet the
minimum landscape requirements.
5. The City recognizes the ecological value of native plants, grasses, and
wildflowers and encourages the establishment of these environments
where appropriate. Some reduction in the required number of trees,
Shrubs, and Perennials may be considered to accommodate a larger
massing of these environments. However, manicured borders or
transitional areas shall be included adjacent to streets, alleyways, parking
lots, and other properties where such environments are established or
being established.
Subdivision 9. Compliance
A. Compliance with plan.
1. The Permittee shall implement the Tree and Landscape Plan prior to and
during any construction. The tree protection measures shall remain in
place until all grading, construction, and development activity is
terminated, or until a request is made to and approved by the City
Manager or his/her designee.
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2. No Significant Trees or Legacy Trees shall be removed until a Tree and
Landscape Plan is approved and such removals shall be in accordance
with the approved Tree and Landscape Plan. If a Significant Tree(s) or
Legacy 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
approval and completion, a cash mitigation, calculated based on the
number of removed Significant Trees and Legacy Trees, 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 Area in order to
determine compliance with the approved Tree and Landscape Plan. The
City shall determine whether the Tree and Landscape Plan has been
complied with.
4. If, after the issuance of the Tree and Landscape Permit, the City receives
new information or evidence regarding the Development Area, including
without limitation evidence of non-compliance with the City Code, the City
Manager or his/her designee may issue an order to modify the approved
Tree and Landscape Permit and stipulate a time frame for compliance.
The Permittee shall comply with said order.
5. The City Manager or his/her designee shall suspend the Tree and
Landscape Permit and issue a stop work order if the City Manager or
his/her designee determines that the Permit was issued in error, the
Permittee supplied incorrect information, or the Permittee is in violation of
any provision of the approved plans, the Permit, or this Section. The City
Manager or his/her designee shall reinstate a suspended Permit upon the
Permittee's correction of the cause of the suspension.
6. If a Permittee has not implemented the Tree and Landscape Plan as
required or is otherwise not in compliance with the Tree and Landscape
Permit or this Section, the City may issue a stop work order for any other
City permits related to the Development if requested by the City Manager
or his/her designee.
B. Financial Security
1. Amount and Type. The Applicant shall provide the City financial security
for the performance of work described and delineated in the approved
Tree and Landscape Permit in an amount not less than one hundred and
twenty five percent (125%) of the approved estimated cost of performing
the described work. The type of the security shall be one (1) or a
combination of the following to be determined by the City Manager or
his/her designee:
a. Bond or bonds issued by one (1) or more corporate sureties duly
authorized to do business in the State of Minnesota. The form of the
bond or bonds shall be subject to the approval of the City Attorney;
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b. Deposit, either with the City Manager or his/her designee or a
responsible escrow agent or trust company at the option of the City
Manager or his/her designee, of money, negotiable bonds of the kind
approved for securing deposits of public monies, or other instrument of
credit from one (1) or more financial institutions subject to regulation
by the State or Federal government wherein said financial institution
pledges funds are on deposit and guaranteed for payment;
c. Irrevocable Letter of Credit in a form acceptable to the City Attorney;
or
d. Cash in U.S. currency.
2. Release. Security deposited with the City for faithful performance of the
approved plans and to finance necessary remedial work shall be released
one (1) growing season after installation, provided no action against such
security has been filed prior to that date. The City reserves the right to
retain all or a percentage of the security for an additional warranty period
at the discretion of the City Manager or his/her designee.
C. 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 approval and
completion shall be removed by the Applicant or Permittee and replaced with
a new healthy tree meeting the same minimum size requirements within one
(1) month of removal or as soon as weather permits, whichever is later.
Source: Ordinance No. 585, 2nd Series
Effective Date: 12-24-15
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