HomeMy WebLinkAboutCity Council Ordinance 1995-43CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 95- 43
AN ORDINANCE AMENDING CHAPTER 5 OF THE
PLYMOUTH CITY CODE AND THE CITY'S ZONING
ORDINANCE CONCERNING TREE PRESERVATION
THE CITY OF PLYMOUTH ORDAINS:
SECTION 1. Chapter 5 of the Plymouth City Code is amended by adding Section
500.24 to provide:
500.24. Tree Preservation. Subdivision. 1. Purpose, Intent, and Scope. It is
the policy of the City of Plymouth to recognize and protect the integrity of the natural
environment of the community through the preservation, protection, and planting of trees.
The City Council has found it necessary and desirable to establish requirements for the
preservation of trees on new development sites. The objectives of this ordinance shall
include, but are not limited to: the perpetuation of the existing tree canopy through root
protection by eliminating or reducing compaction, filling or excavation; prevention of soil
erosion and sedimentation; reduced storm water runoff, improved air quality; reduced
noise pollution; energy conservation through natural insulation and shading; control of
the urban heat island effect; increased property values; protection of privacy by
establishing and maintaining buffers between conflicting land uses; providing habitat for
wildlife; conservation and enhancement of Plymouth's physical and aesthetic 'Big
Woods" environment; and to provide an ecosystem approach to planning and
development. This section shall not apply to lots of record on [date of ordinance
enactment]; to developments for which conditional use permits, site plans, preliminary
plats, final plats, or preliminary or final planned unit development plans have been
approved by the City within two (2) years prior to [date of ordinance enactment]; or to
developments for which complete applications for any of the above actions have been
accepted by the City for review, but not yet acted upon, prior to [date of ordinance
enactment]; or to sites that have undergone substantial improvements or alterations prior
to [date of ordinance enactment]. The City does however, strongly encourage tree
preservation on all lots in the City.
Subd. 2. Definitions. For purposes of this section, the following defined words
and terms shall mean:
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(a) Critical Root Zone. The circular area under the tree as determined by one
foot of radius for each one inch of diameter.
(b) Disturbance Zone. Any area which will be physically altered from its
natural state. This will include all areas of grading, utility installation,
building pads, driveways, and parking areas.
(c) Protected, Preserved, or Undisturbed Tree. Any tree with no less than
seventy-five percent (75 %) of the critical root zone left undisturbed or
which has been protected during the construction process by tree protection
fencing if within fifteen feet (15') of any disturbance zone.
(d) Significant Trees. Trees which are healthy, measure a minimum of eight
inches (8") in diameter at a distance of fifty-four inches (54") above
ground, and are a minimum of four inches (4") in diameter for conifers.
Subd. 3. Tree Preservation Required. Unnecessary removal or disturbance of
all trees of significant size and health when locating and building roads, utilities,
structures, and the like shall be avoided. A certain amount of tree removal is an
inevitable consequence of the urban development process. However, with proper manage-
ment and the use of innovative design techniques, loss or damage to significant trees can
be minimized.
Significant tree removal or disturbance beyond the following thresholds shall
require reforestation or restitution:
Residential Districts 50%
Non-residential Districts 75%
For developments that exceed the significant tree removal threshold, the developer
will be required to either reforest appropriate areas within the subdivision or site, or
outside of the subdivision or site if an appropriate location is not available on a 1.25 for
1 per diameter -inch of excess removal or pay to the City the sum of $100.00 per
diameter -inch of excess removal or a combination of reforestation in restitution, as
determined by the following equation:
A = Percentage of significant trees removed in excess of threshold
B = Total number of significant trees within development
C = Average diameter of significant trees
D = Tree reforestation or restitution constant (1.25 for replacement or
$100/inch for restitution).
E = Reforestation or restitution requirement
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AxBxCxD = E
All significant trees on the development site shall be included in the above
calculations, except trees to be removed from the following areas: storm water treatment
ponds, public trails or sidewalks, and rights-of-way for streets classified as major
collector or minor or major arterials.
Reforestation plans shall be set forth in the development contract for the plat.
Restitution shall be paid to the City in cash at the time of final plat approval.Any such
payments shall be placed in the Community Planting Fund and shall be used for
reforestation projects in the City.
Subd. 4. Requirements for Tree Preservation Plans. A tree preservation plan
shall be submitted with the preliminary plat for a proposed development or an application
for site plan approval. The tree preservation plan shall be prepared by a registered
surveyor, and provide the following information:
• location, number, size (diameter and/or height) and species of all significant
trees proposed to be removed or disturbed
• location, number, size (diameter and/or height) and species of all significant
trees proposed to be preserved
• proposed disturbance zones
• location and dimension of preliminary building pads and construction zone
proposed on each buildable lot
• proposed locations and details of tree protection fencing to be installed for
all trees to be preserved within fifteen feet (15') of the disturbance zones
• a reforestation plan if the amount of tree removal exceeds the thresholds
provided by this ordinance.
The tree preservation plan shall be reviewed and evaluated by the forester or the
forester's designee. The forester may make recommendations for adjustment of locations
of structures, roadways, utilities, or other elements that may be necessary to enhance tree
preservation and reforestation efforts.
Tree preservation plans and/or reforestation plans may be amended after approval.
The Community Development Director will have authority to approve amendments,
except that a change resulting in removal exceeding ten percent (10 %) of significant trees
beyond the specified thresholds shall require approval of the City Council. Following
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amendment of tree preservation plans, financial guarantees required by Subd. 6 shall be
increased or reduced as appropriate.
Subd. 5. Requirements for Reforestation Plans. If the removal or disturbance
of trees proposed by the tree preservation plan exceeds the thresholds of this ordinance,
a reforestation plan shall be submitted as part of the tree preservation plan. The
reforestation plan shall be prepared and signed by a licensed forester or a registered
landscape architect and shall meet the following criteria:
• the plan shall indicate all reforestation trees by location, size (diameter
and/or height) and species
• no more than one-fourth (1/4) of the trees may be from any one species
• plant materials shall be of a similar vegetation as found on site and
preference given for trees designated as native
• minimum sizes shall be: Deciduous - no less than 21/2" caliper
Coniferous - no less than 6' high
• installation shall follow City Standard Details SPP -3 and SPP -4
• the plan shall support the purpose and intent of this ordinance as stated in
Section 500.24
• trees shall be from certified nursery stock as defined and controlled by
Minnesota Statutes Sections 18.44 through 18.61, the Plant Pest Act.
• trees shall be covered by a minimum 1 -year guarantee.
Subd. 6. Financial Guarantees.
(a) A cash escrow, bond, or letter of credit to guarantee the tree preservation
plan, and reforestation plan, if applicable, shall be submitted prior to
issuance of a grading permit. For projects including public improvements,
the guarantee shall be part of the development contract, or part of the site
improvement performance agreement (SIPA) if there is no development
contract.
(b) The amount of the financial guarantee to be submitted shall be calculated
as follows: one hundred percent (100%) of the cost of completing the
reforestation plan, if applicable; plus, an amount to guarantee preservation
of all trees identified by the approved tree preservation plan to be preserved
within fifteen feet (15') of disturbance zones, if preservation of trees within
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fifteen feet (15') of the disturbance zone is required to avoid removal
beyond the threshold established in Subd. 3. The amount shall be calculated
by multiplying the estimated diameter inches of the trees to be preserved by
the rate of payment of restitution established by this ordinance by .25.
The minimum financial guarantee is $1,000.00. The amount of the financial
guarantee shall be maintained at the calculated level until the City Council
has authorized a reduction or release.
Subd. 7. Inspection and Enforcement.
(a) Initial Inspection Prior to Grading. Prior to issuance of a grading permit,
or prior to commencement of grading if no permit is required, all sites shall
be staked and fenced for tree protection per the approved tree preservation
plan. The tree preservation plan shall be submitted with an application for
a grading permit at least five (5) working days prior to the issuance of the
permit. The forester or the forester's designee shall verify the installation
of the tree protection fencing prior to issuance of the grading permit or
commencement of grading.
(b) Inspection After Completion of Gradine. The developer shall notify the
forester or the forester's designee when the grading has been completed.
The forester shall inspect the site to verify the preservation of trees as
shown on the approved tree preservation plan. Following this inspection the
City may release, in whole or in part, the financial guarantee required
pursuant to Subdivision 6. Restitution shall be paid for disturbance of any
trees that have not been protected as shown on the tree preservation plan.
(c) Inspection Prior to Issuance of BuildingPermit. All sites and buildable lots
shall be staked and fenced for tree protection per the site plan approved by
the City or per the proposed site plan prior to application for a building
permit. The site plan or plot plan shall be submitted to the forester or the
forester's designee at least five (5) working days before an application is
made for the building permit. The site plan shall also indicate any
reforestation trees to be planted on the site, if applicable. The forester or
the forester's designee shall inspect the site for installation of required tree
protection fencing prior to issuance of a building permit.
(d) Inspection Prior to Issuance of Certificate of Occupancy. The builder shall
notify the forester or the forester's designee when construction has been
completed and at least five (5) working days before a final inspection and/or
certificate of occupancy has been requested. The forester shall inspect the
site to verify the preservation of trees, and the planting of reforestation
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trees if applicable, as shown on the approved tree preservation plan.
Following this inspection, the City may release, in whole or in part, any
remaining financial guarantee required pursuant to Subdivision 6.
Restitution shall be paid for disturbance of any trees that have not been
protected as shown on the tree preservation plan.
SECTION 2. Section 10 of the Plymouth Zoning Ordinance is amended by
adding Subdivision E to provide:
Subdivision E. Tree Preservation.
Prior to the issuance of building permits for all new or expanded multiple family
residential, commercial, industrial, and institutional uses, a tree preservation plan shall
be submitted. The plan and its implementation shall be in accordance with Section 500.24
of the City Code. This section shall not apply to lots of record on [date of ordinance
enactment]; to developments for which conditional use permits, site plans, preliminary
plats, final plats, or preliminary or final planned unit development plans have been
approved by the City within two (2) years prior to [date of ordinance enactment]; or to
developments for which complete applications for any of the above actions have been
accepted by the City for review, but not yet acted upon, prior to [date of ordinance
enactment]; or to sites that have undergone substantial improvements or alterations prior
to [date of ordinance enactment]. The City does however, strongly encourage tree
preservation on all lots in the City.
SECTION 3. This ordinance shall be effective immediately upon its passage.
ADOPTED by the City Council this /S day of /( f ,
1995.
oye%lyn.P'l. Tierney, Mayor
ATTEST:
61
Latirie F. Ahrens, City Clerk
Published: Sun Sailor, Sept. 6, 1995.
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