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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. 1. 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 9 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 tip, 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. 4.