HomeMy WebLinkAboutCity Council Resolution 1989-439CITY OF PLYMOUTH
Pursuant to due call and notice thereof, a regular _ meeting of the
City Council of the City of Plymouth, Minnesota, was held on the 24th day
of .Tule , 19_n_ The following members were present:
Mayor Schneider, Councilmembers Vasiliou. Ricker-2itnr and Sick
The following members were absent: None
Councilmember Ricker
moved its adoption:
introduced the following Resolution and
RESOLUTION 89-439
POLICY REGARDING PRESERVATION OF TREES ON NEW DEVELOPMENT SITES
WHEREAS, it is the Policy of the City of Plymouth to recognize and preserve
existing natural resources of the community; and,
WHEREAS, the City Council has adopted a "Policy Establishing Minimum Landscape
Standards a•,J Criteria for Urban Development in the Cite of Plymouth," under
Resolution 81-273 that has been oriented toward those developments that
require formal site plan approval; and,
WHEREAS, Section 500.15 of the City Code (the Subdivision Ordinance) and Goal
C, Objective 5, Criteria 2 of the "Goals, Objectives and Criteria" element of
the Plymouth Comprehensive Plan direct preservation of natural resources
including trees; and,
WHEREAS, the City Council has found it necessary and desirable to establish
requirements and direction as to the preservation of trees on sites of new
development including those residential developments not subject to formal
site plan approval requirements;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PLYMOUTH, MINNESOTA, that it shoulo and hereby does direct inclusion of the
process set forth herein for preserving trees in the Development Contracts
and/or Site Improvement Performance Agreements for each new development
approved in the City of Plymouth;
FURTHER, Policy Resolution 81-273 is hereby amended by the incorporation of
the applicable items set forth herein for those new developments subject to
that policy.
GENERAL
1. Developers and builders shall exert their best good faith efforts to
avoid unnecessary damage to or destruction of all trees of significant
size and health when locating and building structures.
2. Significant trees that qualify for required preservation are those which
are healthy, measure a minimum of 8" in diameter for long-lived hardwood
and 12" for soft -wood at a distance of 54" above ground for deciduous
trees, and are a minimum 8' in height for conifers, and which are
located so that at least 75 percent of the drip line shall be outside of
the construction zone as determined by the Director of Parks and
Recreation or his designee.
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RESOLUTION NO. 89-439
3. The construction zone is defined as the area which will be occupied by a
structure or structures, the driveway and parking areas, the area above
utility lines, plus an additional portion of the lot which extends, in
all instances, at a minimum from the farthest projertion of the
structure, exclusive of open accessory structures such as decks and
porches, 20' to the front, 30' to the rear, and 15' to each side. The
construction zone shall also extend 10' beyond all edges of the driveway
and paved area including concrete patios, and 5' beyond the edge of the
utility line trench.
DEVELOPERS
4. The grading plan submitted by a developer with the preliminary plat for
a proposed development shall contain survey information prepared by a
registered survey or, locating and identifying the preliminary
construction zone on each buildable lot. The grading plan shall
;ndicate all the significant trees by size (diameter and/or height) and
species.
5. The developer shall submit that information with the preliminary plat
for review and evaluation by the Director of Parks and Recreation or his
designee. The Staff Report shall include the findings of that review
and any recommendations for adjustment of structure locations that might
be necessary to enhance tree preservation.
6. All sites shall be slaked per the approved grading plan before grading
is authorized to commence. The proposed grading plan shall be submitted
to the Director of Parks and Recreation or his designee in conjunction
with an application for grading at least five working days prior to the
issuance of the permit.
7. The Parks and Recreation Director or his designee shall clearly identify
those trees outside of the preliminary construction zone whose
preservation is to be required, within five working days from the date
of application for a grading permit. A copy of the listing of the trees
identified for preservation, shall be attached to the grading permit and
a copy shall be retained by the City.
8. The Developer as a condition of the development contract shall notify
the Parks and Recreation Director or his designee, when the grading has
been completed and prior to reduction or release of the required
financial guarantee. The City shall inspect the site for damage to
trees that were to be preserved and/or which were within areas
positively delineated prior to the grading, and a report shall be
submitted to the Developer as to any trees which have been destroyed or
severely damaged because of the grading activity.
9. All inspections for initial and final verification, in conjunction with
site grading shall be made during the growing season which is defined
for purposes of this policy as May through September. The Developer
will be responsible -for the loss of trees not previously approved by the
City for removal.
10. The Developer will be required to pay to the City of Plymouth the sum of
$100.00 per diameter -inch for the destruction. of each tree identified
pursuant to this policy as being lost, dead, or severely damaged.
11. Trees will be deemed to have not been damaged where the City verifies
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RESOLUTION NO. 89-439
the developer implemented positive protective measures such as fencing,
during the entire period of grading and where there is no evidence �f
physical damage to the trees, including to their root structure.
The positive protective measures such as fencing shall not be removed
until the work has been approved by the City.
12. The Developer shall provide a financial guarantee as part of the
development contract to insure payment to the City for all trees which
were to have been saved outside the preliminary construction zone which
were destroyed. The amount of the financial guarantee shall be
established by the Director of Parks and Recreation or his designee and
shall be calculated by multiplying the estimated diameter inches of the
trees to be preserved by the rate of payment established in this policy
by .25; in no case shall the amount of the financial guarantee be less
than $1,000. This shall be a separate line item in the Development
contract and shall be the basis for a development contract where the
lack of public improvements would otherwise not require a contract.
13. The amount of the financial guarantee shall be maintained at the
calculated level until the City Council has authorized the reduction or
release.
14. The developer will no longer be responsible for the loss of trees on
site once the site grading has been completed, the preservation has been
verified, financial guarantees have been released, and penalty fees, if
any, have been paid.
BUILDERS
15. All builders shall submit information prepared by a registered surveyor
with the application for a building permit. The survey shall accurately
show the final construction zone, and the location of all significant
trees by size (diameter and/or height) and species.
16. Builders shall also submit a signed statement, in a format approved by
the City, acknowledging that the builder has reviewed and understands
the approved plat, development contract, and the grading and other
applicable plans that have bearing upon the builder's site or buildable
lot; further, the builder shall acknowledge understanding of the City
Tree Preservation policies and regulations including the requirement
that final inspections and/or certificates of occupancy are contingent
upon the review and approval of the tree preservation and payment of any
penalty fees which are due.
17. All sites and buildable lots shall be staked per the site plan approved
by the City Council or per the proposed plot plan prior to application
for a building permit. The site plan or plot plan to be eventually
submitted with the building permit application shall be submitted to the
Director of Parks and Recreation or his designee at least two working
days, in the case of one and two family residential lots, and at least
five working days, in the case of all other developments, before an
application is made for the building permit.
18. The Park and Recreation Director or his designee shall clearly verify
those trees identified that require preservation outside the
construction zone within five working from the date of application for a
building permit. The tree identification shall be made in a timely
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RESOLUTION NO. 89-439
manner so as not delay the issuance of a building permit. A copy of the
listing of the trees identified for preservation shall be attached to
the building permit, and a copy shall be retained by the City.
19. The builder shall notify the Parks and Recreation Director or his
designee when construction has been completed and a final inspection has
been requested. The City shall inspect the site for damage or
destruction of trees that were to have been preserved and reports shall
be provided to the builder regarding such trees.
20. The builder will be responsible for the loss of trees not previously
approved by the City for removal and caused by the builder. Trees will
be deemed to have not been damaged where the City verifies the builder
implemented protective measures such as fences, during the construction
period, from building permit issuance until the request for final
inspection and/or certificate of occupancy, and where there is no
evidence of physical damage to the trees including to their root
structure.
21. The builder will be required to pay to the City of Plymouth the sum of
$100.00 per diameter inch for the damage or destruction of each tree
identified pursuant to this policy. The penalty shall be paid prior to
the final inspection and/or issuance of a certificate of occupancy.
DEVELOPERS AND BUILDERS
22. The City may, on request, provide a written release as to any future
liability of a developer or a builder for tree preservation on a site as
set forth in this policy once the trees have been preserved, the
financial guarantee has been released or the final inspection has been
performed, or a penalty has been paid all pursuant to this policy.
23. All monies collected pursuant to this policy shall be placed in the
General Fund.
24. Irresolvable disputes regarding interpretation and administration of
this policy should be first referred to the City Manager for review and
possible disposition; the matter shall be placed on a City Council
agenda, if the dispute is not resolved.
The motion for adoption of the foregoing Resolution was duly seconded
by Councilmember Zitur , and upon vote being taken thereon,
the following voted in favor thereof: Mayor Schneider, Councilmembers
Vaail inu_ Ricker_ Zitur and Sisk
The following voted against or abstained None
Whereupon the Resolution was declared duly passed and adopted.
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