HomeMy WebLinkAbout0891 Ord (Tree Protection)
ORDINANCE NO. 891
AN ORDINANCE AMENDING THE CITY CODE
BY ADDING CHAPTER 31 SECTION 31-5
SUBDIVISION 3 TREE PROTECTION
THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN:
1. AMENDING. The City Code, Chapter 31, Sec. 31-5 Conservation regulations is
amended as follows:
(1) Chapter 31, Section 31-5, Subd. 2 (1) is amended to hereafter read:
"(1) Applicability. The conservation regulations apply to every zoning district within
the city. When in conflict with the other city regulations, the conservation regulations
will apply."
(2) Chapter 31, Section 31-5, Subd. 2 (3)a. is amended by adding the following sentence
to the end of the section:
"For the purpose of these regulations, Steep Slopes are defined as
slopes of greater that 24 percent (24%) as measured over a distance
of 50 feet measured horizontally."
(3) Chapter 31, Sec. 31-5, Subd. 2(3) is further amended by adding c. that will hereafter
read as follows:
"c. Vegetation alterations. Vegetation alteration in ravines,
along bluffs and on slopes greater that 24 percent as measured over
a horizontal distance of 50 feet are subject to the following
standards:
1. Selective removal of natural vegetation is allowed,
provided sufficient vegetative cover remains to screen
vehicles, dwellings and other structures.
2. No cutting or removal of trees over six inches in diameter
measured at a point 54 inches above ground level within
the required building setback is permitted unless the trees
are dead or diseased. A certificate of compliance must be
obtained prior to the removal of any trees on steep slopes.
3. Natural vegetation must be restored as soon as feasible
after any construction project is completed n order to retard
surface runoff and soil erosion.
4. The provisions of this subsection do not apply to the
removal of trees, limbs or branches that are dead, diseased
or pose safety hazards and vegetation alteration necessary
for the maintenance or construction of public utilities."
2. ADDING The City Code is amended by adding a new section entitled "Tree Protection"
that will hereafter read as follows:
"Subd. 3. Tree Protection.
(1) Findings andpurpose. The City of Stillwater finds that preservation of trees and
woodlands within the City enhances the health, safety and welfare of the citizens; that
development within the City has the effect of reducing and in some cases eliminating
wooded areas, which, if preserved and maintained, serve important ecological,
recreational and aesthetic benefit to existing and future residents. Therefore, the
purposes of this subdivision are the following: To preserve woodlands and trees on
individual sites; protect the safety of such residents by preventing wind and water
erosion, slope instability and rapid runoff; promote the health of such residents by
absorption of air pollutants, contaminants and noise; and protect the welfare of
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 providing shade in the summer and windbreak in the
winter.
(2) District boundaries. The tree protection regulations apply to all zoning districts
within the City.
(3) Definitions. The following words when used in this subdivision shall have the
meanings ascribed to them in this subsection, except where the context clearly
dictates a different meaning:
a. Clear cutting means removal of all or substantially all of a stand of trees in one
cutting.
b. Crown cover means the ratio between the amount of land shaded by the vertical
protection of the branches and foliage area of standing trees to the total area of
land, usually expressed as a percentage.
c. dbh: Diameter at breast height of a tree measured at a point approximately 54
inches above ground.
d. Development means the construction, addition, installation or alteration of any
structure, the extraction, clearing or other alteration of land or the division of land
into two or more parcels, for the purpose of transfer of title or building
development. Major Development means any planned unit development,
subdivision and any other development of more than 15 units or larger.
e. Development permit means any subdivision, planned unit development, zoning
permit, grading permit, preliminary plat approval, rezoning, special use permit or
varIance.
f. Person means any individual, firm, corporation, partnership, association or other
private or governmental entity.
g. Structure means anything manufactured, constructed or erected that is normally
attached to or positioned on land, including portable or temporary structures.
h. Significant Tree means a tree measuring at least 6 inches in diameter at 54 inches
above ground (dbh). Cottonwood, silver maple, and box elder are protected as a
size of20 inches (dbh). Buckthorn and Siberian elm are not considered
significant trees at any size.
1. Woodland means a group of trees at least one-half acre in area with a crown cover
of the area of at least 50 percent.
(4) Application of Regulations. No development permit may be issued for any
development unless the development is compliant with the following regulations.
a. Development sites located in the Bluffland/Shoreland District, Wetland or
Wetland Buffer Area, ravine areas or on slopes greater than 24 percent must abide
by Vegetation Alteration Regulations contained in the Bluffland/Shoreland
Ordinance (City Code Section 31-1, Subdivision 23), Shoreland Management
(Section 31-1, Subdivision 33), Conservation Regulations (Section 35-1) or
Subdivision Regulations (Chapter 32).
b. Development should be conducted so that the maximum number of trees are
preserved by the clustering or siting of structures in clearings. The use of other
innovative and creative design techniques is encouraged.
c. Grading, contouring and paving shall not detrimentally affect the root zone or
stability of trees to be preserved. Trees to be preserved must be provided with a
watering area equal to at least one-half the crown cover.
d. Private development may not reduce the existing tree or woodland cover by an
area greater than 35 percent. The understory plants and root area around
preserved trees should not be disturbed except for removal of invasive plants or
underplanting of desirable plant material. This requirement does not prohibit
lawn establishment or maintenance by other means.
e. Replacement trees used in reforestation or landscaping must be compatible with
the existing landscape and plant conditions (see approved City tree list and
planting standards).
f. Diseased trees or trees seriously damaged by storm or other acts of God may be
removed and are exempt from these regulations.
g. No clear cutting oftrees is permitted on any land except as approved in a
subdivision, planned unit development (PUD) or other site development permit.
(5) Tree Protection Plan. A tree protection plan must be submitted for all development
permits for property where significant trees are located within 15 feet of development
structures or land disturbance. The plan must address the City's tree protection
standards, but need not be prepared by a professional.
a. A tree protection plan must be submitted for concept PUD or preliminary
subdivision plan review, or be included with submission of a grading plan if not a
part of a subdivision or PUD.
b. The tree protection plan must include the following information:
1. The name(s), telephone number(s) and addressees) ofthe applicant and the
property owner;
2. the location of all existing and proposed buildings, structures, or impervious
surfaces situated upon or contemplated to be built upon the land;
3. the delineation of all areas to be graded and the limits of land disturbance;
4. the location and listing by size and species of existing significant trees, and
delineation of the canopy cover of areas of significant trees greater than
10,000 square feet in size. The data on the significant trees should be listed in
tabular form on the plan or included as an attachment;
5. a list of measures to be taken to protect significant trees;
6. a map showing trees prepared to be moved, removed or impacted; and
7. the signature ofthe person(s) preparing the plan, their certification, and
employer or firm, address, phone and fax numbers;
(6) Tree Replacement. the following standards shall be met when tree replacement is
required:
a. Trees removed for subdivision improvements (drainage, road and utilities) must
be replaced on the basis of 10 trees per acre of canopy removed.
b. All significant trees removed above the maximum 35% removal limit for private
lot development must be replaced on a one-for-one basis. If 35% or less is
removed, no replacement planting is required.
c. Trees replaced under this requirement are in addition to any other trees required to
be planted pursuant to this ordinance or other City planning subdivision
requirements.
d. Replacement trees must be planted on the development site according to an
overall project tree replacement plan.
e. A replacement tree fee may be paid to the City if on-site tree replacement is not
feasible. The fee shall be based on the retail costs of a 2" diameter deciduous
tree.
f. A tree replacement plan must include the following items:
1. Location. Applicant must provide a plan showing the size, species and
location of all replacement trees proposed to be planted on the property in
accordance with the tree replacement requirements.
2. Species. Replacement trees must be species which are included on the
approved tree list of the City. Greater than 50 percent of the replacement trees
must be species indigenous to the area. Improved cultivars of native species
may be counted as native species when planted in a boulevard or landscaped
areas. In woodland restoration areas only native species should be used rather
than improved cultivars.
3. Size. Replacement trees must be an average of 2 inches in diameter for
deciduous trees (except bur oak, bicolor oak, ironwood and ornamental trees,
which may be an average of 1.25 caliper inches). Coniferous trees must be an
average height of 6 feet.
4. Trees moved from one area of the site to another will be counted as
replacement trees if they are in a healthy condition and approved by the
Community Development Director.
5. Warranty Requirements. Any replacement tree that is not alive or healthy, as
determined by the Community Development Director, within two years after
the date of planting, must be removed by the Applicant and replaced with a
new, healthy tree meeting the same species and size requirements.
6. Planting standards. Planting must adhere to the tree and shrub planting
standards of the City of Stillwater. The tree and shrub planting standards of
the City are those adopted by resolution of the City Council and on file with
the Community Development Director.
(7) Oak Trees. Because of their high value and susceptibility to disease, the following
standards shall apply to oak trees:
a. Oak Wilt Management. If oak wilt is found in any area of the City, reasonable
measures must be taken by the property owner to halt the spread of the disease.
An oak wilt management plan must be submitted to the City. This plan must
contain:
1. A copy of the tree inventory map for the property with delineation of areas
containing oak wilt disease.
2. Proposed management plans to control spread of the disease such as:
a. Removal of red or pin oaks before Mach of the year following wilting to
prevent spore production of the oak wilt fungus; this should include plans
for storage/disposal of infected trees.
b. Installation of root graft barriers if there are healthy trees of the same or
similar species within 30 feet of diseased trees.
1. An oak wilt control specialist should be consulted as to placement of root
graft barriers for most effective control.
2. Barriers should be installed by currently recommended practices.
3. Removal of diseased oaks should not be done until any root graft barriers
have been installed.
4. A copy ofthe location of any root graft barriers must be submitted to the
City upon completion of installation.
c. Other measures such as injection of diseased bur oaks, or healthy red or
pin oaks within root graft distance (30 feet) of diseased tree, by a licensed
pesticide applicator experienced in tree injection using a pesticide
registered for oak wilt control.
b. Oak Pruning. Oaks may not be pruned or wounded between April 15 and July 1 st
to prevent insect transmission of the oak wilt fungus to healthy trees. If pruning
or wounding occurs during this period, the wound must be covered with a
recommended tree wound dressing immediately. Fresh oak stumps must be
treated as wounds during this period and covered or ground out immediately
following felling of trees.
(8) License Required for Commercial Pruning - Chemical Treatment or Removal of
Trees.
a. License Application and Fee. It is unlawful of any person to conduct as a
business the cutting, trimming, pruning, removal, spraying, or otherwise treating
of trees in the City without having first secured a license from the City.
b. Application for the license shall be made at the office of the Community
Development Director on a form approved by the City.
c. All licenses expire on the next 31 st day of December following the date of issue.
d. Proof of insurance. All applicants for the license must file with the city clerk
proof of a public liability insurance policy covering all operations of the applicant
hereunder for the sum of at least three hundred thousand dollars ($300,000.00)
combined single limit coverage. If this insurance is canceled and the licensee
fails to replace it with another policy that conforms to the provisions of this
section, the license is automatically suspended until the liability insurance is
replaced.
e. Chemical Treatment Requirements. Applicants who propose to use chemical
substances in any activity related to treatment or disease control of trees must file
with the office of the Community Development Director proof that the applicant
administering the treatment has been certified by the State Department of
Agriculture as a "Commercial Pesticide Applicator" for the current year of
operation.
f. Revocation of License. Failure to comply with any part of this chapter will result
in the revocation of the license by the City Council, following a public hearing.
Written notice of the public hearing must be mailed at least ten (10) days prior to
the hearing to the current holder of the license. The notice must outline the
violation(s) considered by the City to be grounds for revocation and inform the
holder of the opportunity to be heard at the public hearing.
(9) Effective Date. This ordinance will be in force and effect from and after its passage
and publication according to law. This ordinance will not apply to any new
development that has been given preliminary plat or PUD approval prior to the
effective date of this ordinance.
3. SAVING. In all other ways, the City Code will remain in full force and effect.
4. EFFECTIVE DATE. This Ordinance will be in full force and effect from and after its
passage and publication according to law.
Adopted by the City Council of the City of Stillwater this ~/<$f' day of~, 2000.
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ATTEST:
m~ l.LJdJd~ ./
M;;;J{Weldon, CIty Clerk
RESOLUTION NO.: 2000-109
A RESOLUTION OF THE STILL WATER CITY COUNCIL
DIRECTING THE PUBLICATION OF AN ORDINANCE
BY TITLE AND SUMMARY
WHEREAS, the Stillwater City Charter at Section 5.03 Subd. F authorizes the City
Council by 4/5's vote of its members to direct the publication oflengthy ordinances by title and
summary if the summary clearly informs the public of the intent and effect of the ordinance.
NOW THEREFORE BE IT RESOLVED AS FOLLOWS:
1. The title of the ordinance to be published is as follows:
"AN ORDINANCE ADDING A SECTION TO THE STILL WATER
CITY CODE OF ORDINANCES FOR THE ESTABLISHMENT
OF TREE PROTECTION REGULATIONS."
2. A summary of the ordinance is as follows:
a. Tree removal in ravines along bluffs or on slopes steeper than 24% is
prohibited unless the tree is under 6 inches in diameter or dead or diseased.
b. The remainder of the ordinance pertains to all zoning districts of the City.
c. The clear cutting of trees or the removal of substantially all of a stand of trees
in one cutting is prohibited anywhere in the City unless it is done as part of an
approved development plan.
d. Other tree regulations apply to developments where permits are needed such as
subdivision approval or planned unit development approval. In these instances, a
tree protection plan must be submitted for City review.
e. The standards that must be met allow 35% of the trees to be removed in
addition to the trees removed from streets and utilities. If more than 35% are
removed, significant trees (those more than 6 inches in diameter or 20 inches if
cottonwood, silver maple or box elder) must be replaced on a one-for-one basis.
f. The tree replacement plan must show the location, species, size and a warranty
that the new trees will last for 2 years.
g. Special regulations apply to oak trees in order that the spread of oak wilt
disease be curtailed.
h. Licenses are required for vendors who provide chemical treatment of tree
removal services.
3. A complete printed copy of the ordinance is available for inspection by any person
during the regular office hours at the office of the City Clerk, City Hall, 216 North Fourth Street.
4. A copy of the entire text of the ordinance must be made available in the Stillwater
Public Library.
Enacted by the City Council this ..Atlday of
April
,2000.
JaY#P~
ATTEST:
~UJ~
Morli W don, CIty Clerk
AFFIDAVIT OF PUBLICATION
~tillwater Qfbening ~a?ette
PO Box 58,102 S. 2nd St., Stillwater, MN 55082; Phone 651-439-3130; FAX 651-439-4713
Mary Beth Kremer, being duly swom, on oath says that she 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. A. The newspaper has complies with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07 and other applicable laws, as amended. Printed below is a opy of the lower case alphabet
from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication 01 the notice.
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State of Minnesota
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County of Washington
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Title: Publisher <l
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4/17/1
Pages
CITY OF STILLWATER
216 4TH. ST. N.
STILLWATER, MN 55082
CITY OF STILLWATER
216 4TH. ST. N.
STILL WATER, MN 55082
No. 01
Documents
Col
Inches
# of Days
Published
Description/Dates of Publication
Unit
Rate
Total
Amount
7.75 1 Days Pub.
RESOLUTION NO. 2000-109 A
RESOLUTION OF THE
STILLWATER CITY COUNCIL
DIRECTING THE PUBLICATION
OF AN ORDINANCE BY TITLE
AND SUMMARY 4/17
$3.91
inch
$30.30
99l
Affidavit will be sent Upon Receipt of Check !!
$30.30
$0.00
$0.00
$30.30
$0.00
Maximum rate per column inch under
Minnesota Law: $7.50 per 12-pica column.
Total Amount
$30.30
Evening Gazette, April 17,2000
RESOLUTION NO. 2000-109
A RESOLUTION OF THE STILLWATER
CITY COUNCIL. DIRECTING THE
PUBLICATION OF AN ORDINANCE BY
TITLE AND SUMMARY
WHEREAS. the StillWater City Charter Section
5.03 Subd. F authorizes the City Council 13y
4/5's vote of its members to direct the publica-
tion of length ordinal'lces by title and summary,
if Ihe summary clearly informs the pUbliC of the
inlent and effect. of the ordinance.
NOW THEREFORE BE IT RESOLVED AS
FOLLOWS:
1. The title of the ordinance to be published is
as follows:
"AN ORDINANCE ADDING A SECTION TO
THE STILLWATER CITY CODE OF ORDI-
NANCES FOR THE EStABLISHMENT OF
TREE PROTECTION REGULATIONS."
2. A summary of the ordinance is as follows:
a. Tree removal in ravines along bluff or on
slopes steeper than 24% is prohibited unless
the tree is under 6, inches in diameter or
dead or diseased. '_
b, The remainder of the ordinance pertains
to all zoning districts of the City.
c. , The clear cutting of trees or removal of
substantially all of a stand of trees in one cut-
ting is prohibited anywhere in the City.unless
it is done as part of an approved develop-
ment plan.
d.Oth$rtr~ regulations apply to develop-
ments where permits are needed suqh as
subdivision approval or planned unit devel-
opment approval. In these instances. a tree
protection plan must be submitted for City
review,
e. The standards that must be met allow
35% ofthetrees to be removed in addition to
~!re~!lJemoved .from streets and utilities.
Ifl1.l\:lfe;#ln' 3S%ar!l. ~moved. significant
trees (those more than 6 inches in diameter
or,2O inches if cottonWOOd, silver maple or
box ek:!Elr) must be replaced on a one-for-
one basis.'
I. . The tree replacement plan must show the
location; speCies.. size and a warranty that
the new trees will last for 2 years. .
g. Special regulations apply to oak trees in
order that the spread Of oak wilt disease. be
curtailed.
h. Ucens8s.arerequired fqr vendors who
provide. chemical treatment of tree remOVal
services.
3. A eomplete printed copy of the ordinance is
available for inspection by any per!lOl'l durillg
the regular office hours at the office of the City
Clerk. City Hall, 216 North Fourth Street.
4. A copy of" the entire text of the ordinance
must be made available in the Stillwater Public
Ubrary.
Enacted by the City Cpuncil 4th day of April,
.2000.
ATTEST:
IslMorli Weldon
Morli Weldon, City Clerk
Is/Jay L. Kimble
Jay Kimble. Mayor
4/17