The URL can be used to link to this page

Home My WebLink About0769 Ord (Forest Protection)ORDINANCE 769 FOREST PROTECTION ORDINANCE An Ordinance establishing definitions and restrictions for the protection of trees and woodlands within the City of Stillwater. The City Council of the City of Stillwater does ordain: 1. Section 1. Adding Section 31.01, Subd. 30, Forest Protection that shall hereafter read A. Forest Protection Regulations. 1. FINDINGS AND PURPOSE a. The City of Stillwater finds that the preservation of trees and woodlands within the. City is critical to the health, safety and welfare of the citizens of Stillwater; that existing and potential development within Stillwater has the effect of reducing and in some cases eliminating wooded area, which, if preserved and maintained, serve important ecological, recreational and aesthetic functions to the benefit of existing and future residents of Stillwater. Therefore, the the purposes of this ordinance are the following; b. To preserve woodlands and trees on individual sites; protect the safety of said residents by preventing wind and water erosion, slope • instability and rapid runoff; promote the health of said residents by absorption of air pollutants, contaminants and noise; and protect the welfare of said residents by increasing rainfall infiltration to the water table, provide a diversified environment for many kinds of animals and plants necessary for wildlife maintenance and important to the aesthetic values and recreational requirements of the area and promote energy conservation by shading buildings in the summer and breaking winds in the winter. 2. DISTRICT BOUNDARIES This ordinance shall apply to all zoning districts within the City of Stillwater. 3. DEFINITIONS a. Crown Cover - the ratio between the amount of land shaded by the vertical projection of the branches and foliage area of standing trees to the total area of land, usually expressed as a percentage. b. Development - the construction, addition, installation or alteration of any structure, the extraction, clearing or other alteration of terrestrial or aquatic vegetation, land or the course, current or cross section of any water body or water course or the division of land into two or more parcels. 1 • c. Development Permit - any subdivision, planned unit development, zoning permit, grading permit, plat approval, rezoning, special use permit or variance. d. Dimensional Requirement - minimum and maximum setbacks, yard requirements and/or structure height or size restriction established in zoning ordinance. e. Structure - anything manuf actured, constructed or erected which is normally attached to or positioned on land, including portable or temporary structures. f. Tree - any woody plant that has at least one trunk with a diameter of six inches or greater four feet above the ground. g. Person - any individual, firm, corporation, partnership, association, or other private or governmental entity. h. Woodland - a group of trees at least one half acre in area and with a crown cover of fifty percent or greater. 4. RESTRICTIONS a. No development permit shall be issued for any development by the City unless the development is in compliance with the following standards: • 1. Development shall be conducted so that the maximum number of trees are preserved by the clustering of structures in existing cleared areas and natural clearings, and the utilization of other site design techniques. 2. Grading, contouring and paving shall not detrimentally affect the root zone aeration and stability of existing trees and existing trees shall be provided with a watering area equal to at least one half the crown cover. 3. When trees are lawfully removed, the permitee shall restore the density of trees that existed before the development. Comparable nursery stock shall be utilized, but not more than ten trees per acre shall be required. 4. Development shall not reduce the existing crown cover greater than 50% and shall be conducted in such a manner as to preserve the understory. 5. Trees used in reforestation or landscaping must be compatible with the local landscape and conditions and not presently under disease epidemic. • 2 • a. Lawful development shall be under a continuing obligation to observe these restrictions. b. Not withstanding, the removal of trees seriously damaged by storms or other acts of God, or diseased trees, shall not be prohibited. ~~ 2. In all other ways, the Stillwater City Code shall remain in full force and effect 3. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the Stillwater City Council this 2nd day of 1993. ATTEST: _~ ~~ ~- ity Cler March ~-~SUz `~2c.' Mayor 3 r __ i ~ Affidavit of Publication STILLWATER EVENING GAZETTE STATE OF MINNESOTA ) )ss. COUNTY OF WASHINGTON ) Mike Mahoney, being duly sworn, on oath says that he is the publisher or authorized agent and employee of the publisher of the newspaper known as Stillwater Evening Gazette, and has full knowledge of the facts which are stated below. (A) The newspaper has complied with all of the requirements constituting qualification as a quali- fied newspaper, as provided by Minnesota Statute 33tA.02, 331A.07, and other applicable laws, as amended. (B) The printed Ordinance No. 769 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for ~ successive xf~ylt/weeks; it was first published on ~,p d ,the ~i n + n+ h day of ~ r r h ,19~, and was thereaher printed and published tNt every Wed . t0 and including the t h day of ~ rr h , 19~; and printed below is a copy of the lower case alphabet iron A to Z, both inclusive, which is hereby acknowledged as being the size L .d kind of type used in the composition and publication of the notiee~ abcdefghijklmnopgrstuvwxyz ~ __ TRLE: Publisher Subsuibed and swan to before me on this EL-EANQR E. MGFiN 11th day of March , , 9 93. ~.:;~ "~°`~.. .~„t NOTARY PUBLIC - A!'NNFJ~TA ~ \~r~ My Conxniaaion Expires July 5. t9N6 Notary Public RATE INFORMATION (t) Lowest classified rate paid by commeraal users for comparable space S 3.q..,, ~ Q (Line, word, or inch rata) (2) Maximum rate allowed by law for the above matter i (Line, word, or inch rata) (3) Rate actually charged for the above matter i 39 • ~ 9 (Line, word, or inch rate) Received Payment , 19__ STILLWATER EVENING GAZETTE ey ~dng Ciazelte, Mar.10,1 ORDINANCE 789 iE3T PROTECTION ORDIti. DICE An ~.7dlrterae eetabllehing d11~ir1kkage,and reatrktiora for tftar,prol~esiNttn~/"ifYiee and woodlands wthin tltr+`aty of Stillwater. j 77N City Council of the City of Stillwater does oMain: 1. Section 1. Adding Section 31.01, Subd: 30, Forest Protecton that shall her~fter read: A. Forest Protection Regulations. . 1. FINDNVGS AND PiiRPOSE a. The City of StfAwaterfinds that the prea- ervation of trees and woodlands wthin i the Ciry. is critical to .the health, safety and welfare of the citizens of Stillwa- ter; that existing end potential develop• ~ ment within SdUwater has the effect of redudng and, an some cases ellminat- irig wooded area, which, if preserved and maintained, serve important eco- bpical, reaeatbnal and aesthetic functions to the benefit of existirt$and future residence of Stillwater. There- - fore, the .purposes of this ordinance are the folowing: b. The preserve woodlands and trees on individual sites; prbtad the safety of said residents by preventing wind and water erosion, slope instability and rapid runoff; promote the healdl of said residence by absorption of air polut- anta, contaminants and noise; and protect the welfare of said residents by increasing reMfall infiltation m the wa- ter table, provide a diversified environ- ment for many Weds of animals and plants necessary for wildlife mainte- nartoe and important >•o-the aesthetic values and reaeatbnal requirements of the: area and promote energy con- i nervation by shading buikfinga M the summer and breaWng winds in the winter. 2. DISTRICT BOUNDARIES , j Thia ordinance shall apply a all .zoning districts within the City of Stillwater. ' 3. DEFINITIONS a. Crown Cover -the ratio between the .amount of land shaded by the ver]ical projection of the branches and foliage area of standing trees to the total area ~ of land, usuaAy expressed as a per- tentage. b. Deveopment -the construction, addi- tion, installation or alteration of any ~ structure, the extraction, clea-frp or other alteration of terrestrial or aquatic vegetatbn, land or the course, current or cross section of any water body or water course or the division of land Into two or more parcels. c. Development Permit -any subdivisbn, planned unit development, zoning per- mit, grading permit, plat approval, re- zoning, apedal use permit or variance. d. gimensional Requirement -minimum and maximum setbacks, yard require- ments and/or structure height or-aize restrbtbn established in zoning ordi- Hance.. e. Structure -anything manufactured, con- structed or erected which is normally attached to or positioned on land, in- cluding portable or temporary strua cures. - f. Tree -any woody plant that has at least one trunk with a diameter of six inches ' or greater four feet above the ground. g. Parson -any individual, firm, corpora- tlon, partnership, aseodadon, of other private or governmental entity. h. Woodland - a group of trees at least one half acre in area and with a crown cover of fifty percent or greater. 4. RESTRICTIONS a. No deveopment permit shall be issued for any development by the Ciry unless the deyelopment is in compliance with the following standards: 1. Development shall be conducted so that the maximum. number of trees are preserved by the clustering of structures in exiatlng deared areas and natural clearings, and the utili- j nation of other site- design tech- niques. i 2. Grading, contouring and .paving shall not detrimentally affect the root zone aeretion and stability of existing tress and existing treerE shall be provided with a watering area equal to at least one half the crown cover. S. When trees are lawfuly .removed, the permitee shall restore the den- airy of trees that existed before the devebpmem. Comparable nursery stock shall be utllized, but rat more than ten trees par sirxe shay ' 4aDevebpment shall not reduce the exiatirq crown cover greater than 5096 and shall be conducted in ~ sudi>a manner as do preserve the underatory. 5. Trees used in reforestation or landscaping must be compatible with the local Iand- acape and conditions and not presently under disease epidemic. a. Lawful development shall be under a continuing obligation to observe these restrictions. b. Not withstanding, the removal of trees seriously damaged by storms or other ads of God, or diseased trees, shall not be prohibited. 2. b atl other ways, -the Stillwater Ciry Code shall remain in full force and effect. 9. This Ordinance shall be in full force and ef- fed from and sitar i[s passage and p~ibN- cation axording to law.. Adopted by the Stlwater Ciry Coundi this 2nd day of March, 1993. /s/ Charles M. Hooley Mayor ATTEST: /d Mary Lou Johnson Gty Clerk 3110