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HomeMy WebLinkAbout2013-10-21 ENR Packet AGENDA CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCE COMMISSION Monday,October21, 2013 7p.m. Council Chambers -Maplewood City Hall 1830 County Road B East 1.Call to Order 2.Roll Call 3.Approval of Agenda 4.Approval ofMinutes: a.September 16, 2013 5.New Business a.Wetland Buffer Waiver for the Maplewood Fire Station No. 1 (McKnight Road South of Minnehaha Avenue) b.Resolution of Appreciation for Carol Mason Sherrill 6.Unfinished Business a.Tree Policies –Updates to Tree Ordinance and Policies 7.Visitor Presentations 8.Commission Presentations 9.Staff Presentations a.Updates on the Maplewood Recycling Program 1)Ramsey County Public Innovation Grant 2)Composite Study b.Maplewood Nature Center Programs 10.Adjourn Agenda Item 4a MINUTES CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION 7:00 p.m., Monday,September 16, 2013 Council Chambers, City Hall 1830 County Road B East 1. CALL TO ORDER A meeting of the Environmental and Natural Resources Commission was called to order at 7:00 p.m.by Vice Chair Palzer. 2. ROLL CALL Randee Edmundson, Commissioner Present Absent Judith Johannessen, Chair Carol Mason Sherrill, Commissioner Present Ann Palzer, Vice Chair Present Cindy Schafer, Commissioner Present Dale Trippler, Commissioner Present Ginny Yingling, Commissioner Present Staff Present Shann Finwall, Environmental Planner 3. APPROVAL OF AGENDA Commissioner Tripplermoved to approve the agenda as submitted. Seconded by CommissionerYingling. Ayes – All The motion passed. 4. APPROVAL OF MINUTES Commissioner Schafer requested a change to include her as absent during the July 15 meeting and include Commissioner Mason Sherrill as present. CommissionerTripplermoved to approve the July 15,2013, Environmental and Natural Resources Commission Meeting minutes as amended. Seconded by CommissionerMason Sherrill. Ayes – Vice Chair Palzer, CommissionersMason Sherrill, Trippler & Yingling Abstentions – Commissioners Edmundson& Schafer The motion passed. September 16, 2013 1 Environmental and Natural Resources Commission MeetingMinutes 5.NEW BUSINESS a.Tree Policies-Updates to Tree Ordinance and Policies Environmental Planner, ShannFinwall gave the update on the tree ordinance andpolicies andanswered questions of the Commission. The Commission discussed several aspects of the tree ordinance and policies as follows: Licensing: The city should consider requiring all licensed tree care specialist to have a certified arborist on staff.It costs $250 to become a certified arborist.The city could also consider a tiered licensing system where certain companies could do certain types of work. Tree budget: The city should fund trees in the general budget and not depend on themoney that comes in from developments that are unable to plant all of their required replacement trees on their property. Citizen tree care: The University of Minnesota Master Gardener Program and Tree Care Advisors are trying to train citizens toprune and water trees.This would be a good program for the City of Maplewood to participate in if we begin planting boulevard trees. Heritage trees: The city should consider greater protection of heritage or o significant trees, or perhaps allow for additional incentives for developers that preserve those trees.One way to allow for greater protection is by requiring that these trees be measured differently to include the crown spread andheight, in addition to the diameter. The Maplewood Nature Center has a heritage tree program. o There needs to be a cost analysis to see if saving a heritage or o significant treemakes economic senseover removing a tree that could be past its viable lifespan over the planting of new trees and preserving of other healthy trees. Storms: There should be an allowance for tree companies to work in the City after a tornado or other storm that has downed trees. Tree diversity: The city should ensure that the tree plan that is eventually created after the ordinance updates includes information on tree diversity. Other ordinance changes: The tree ordinance is hard to understand and should be written so people can understand and follow it. Commissioner Mason Sherrill said we need to get the ordinance in compliance with the living streets policy, the right of way, boulevards and citizen pruners and citizen wateriercan be a part of all that. Staff will continue to refine the language in the ordinance and bring back additional information for review. 6.UNFINISHED BUSINESS None. September 16, 2013 2 Environmental and Natural Resources Commission MeetingMinutes 7.VISITOR PRESENTATIONS None present. 8.COMMISSION PRESENTATIONS None. 9.STAFF PRESENTATIONS a.September 9, 2013, city council meeting update –Subsurface Sewage Treatment System Ordinance, Maplewood Residential Recycling Program, Fall Clean Up Campaign, Commission Appointments Environmental Planner, Shann Finwall gave a brief update on theitems heard at the September 9, 2013, City Council meeting. Subsurface Sewage Treatment System Ordinance –the City Council adopted the ordinance. Maplewood Residential Recycling Program –the City Council authorized a two-year extension to Tennis’recycling contract. The contract continues the City’s recycling program with recyclable collection in recycling bins, but has language that would allow the Cityto convert to carts (either City purchased or contractor supplied) any time during the term of the contract. Fall Clean Up Campaign –in lieu of a fall clean up event this year the City will be partnering with Allied Waste/Republic Services to offerbulky item pick up at 50 percent off the contracted price during the second and third weeks in October. Commissioners Ann Palzer and Ginny Yinglingwere reappointedto another three-year term. Commissioner Mason Sherrill’s term also expiresat the end of September, but she has chosen not to continue on with the Commission. Commissioner MasonSherrill has been on the Commission for the last ten years and her knowledge and service had been appreciated.The open Commission position will be posted, with an appointment taking place later in the year. b.Commission Appreciation Event –September 26, 2013 Environmental Planner, Shann Finwall said an invitation was sent out to all Commission members for an appreciation event at the Maplewood Community Centeron Thursday, September 26, 2013,at 6:30 –9:30 p.m. Please RSVPby September 20. c.Maplewood Nature Center Programs Environmental Planner, ShannFinwall presented the upcoming Nature Center Programs. For more information contact the Nature Center at (651) 249-2170. 10.ADJOURNMENT Vice Chair Palzer adjourned the meeting at8:50p.m. September 16, 2013 3 Environmental and Natural Resources Commission MeetingMinutes Agenda Item 5a MEMORANDUM TO:Environmental and Natural Resources Commission FROM: Shann Finwall, AICP, Environmental Planner DATE:October 16, 2013 for the October 21 ENR Commission Meeting SUBJECT:Wetland Buffer Waiver for the Maplewood Fire Station No. 1 (McKnight Road South of Minnehaha Avenue) Introduction The Maplewood Fire Department is proposing to build a 16,409-square-foot, one-story fire station north of the new 3M Company research building.The fire station will be built on land dedicated to the City by 3M Company. The facility will also include space for a police substation. The project will require several land use permits as follows: 1.Comprehensive land use plan amendment from I (Industrial) to G (Government). 2.Conditional Use Permit (CUP)for a public building. City code requires a CUP for public utility, public service or public building uses. 3.Design plans, which include building, site and landscapeplans. 4.Parking waiver to allow for fewer parking spaces than required by ordinance. 5.Wetland buffer waiver for a public use. The Community Design Review Board and Planning Commission have reviewed and approved of the project during their meetings in September and October. The Environmental and Natural Resources Commission should review and make a recommendation on item 5 (wetland buffer waiver) during the October 16 meeting. Final City Council review is scheduled for October 28. Background Wetland Buffer Waiver 3M Lake is classified as a Manage B wetland in the City’s wetland ordinance. The wetland ordinance requires a 75-foot buffer from a Manage B wetland.No building or grading is allowed within the buffer. The Fire Station building will come to within 107 feet of the wetland edge, which meets the buffer requirements. Asmallamount of grading will come within 47 feet of the wetland edge (approximately 1,500 square feet of disturbance in the buffer). The ordinance allows the City Council to waive the buffer requirements for public projects where it determines that there is a greater public need for the project than to meet the requirement of the ordinance. In waiving the requirements the City Council shall apply the following standards: 1.The City may only allow the construction of public projects through buffers where there is no other practical alternative. 2. Before the City Council acts on the waiver the Planning Commission and the Environmental and Natural Resources Commission shall make a recommendation to the City Council. The Planning Commission shall hold a public hearing for the waiver. The City shall notify the property owners within 500 feet of the property for which the waiver is being requested at least ten days before the hearing. 3.Public projects shall not be allowed when endangered or threatened species are found in the buffer. 4.Public projects shall be as far from the wetland as possible. 5.Public projects shall protect the wetland and buffer and avoid large trees as much as possible. 6.The City shall not allow the use of pesticides or other hazardous or toxic substances in buffers or wetlands; however, in some situations the use of herbicides may be used if prior approval is obtained from the administrator. 7.The owner or contractor shall replant utility or street corridors with appropriate native vegetation, except trees, at preconstruction densities or greater after construction ends. Trees shall be replaced as required by city ordinance. 8.Any additional corridor access for maintenance shall be provided as much as possible at specific points rather than to the road which is parallel to the wetland edge. If parallel roads are necessary they shall be no greater than 15 feet wide. 9.The City Council, upon recommendation of the administrator, may require additional mitigation actions as a condition of granting the waiver. Grading within the buffer is necessary to meet the grades of the trail proposed by 3M around the lake/wetland, Semipublic trails are allowed in a buffer if mitigation strategies are in place to counter impacts to the environment. The ENR Commission approved the trail in 2012withthe following conditions: 1.GPS technology is used to align the trail and minimize disturbance and avoid mature trees. 2.Buckthorn removal. 3.Expanding the delineated buffer in areas. 4.Adding an infiltration basin to pre-treat existing parking lot runoff. 2 5.Oak savannah reforestation. 6.Aquatic plant enhancement. 3M plans on completing the trail in the near future. The trail will require a grading permit from the City, at which time staff will ensure that the conditions of approval are being met. Until then, the City is grading the fire station property to meet the grade of the trail, creating the encroachment into the buffer. This encroachment will be mitigated with native seed planting in all disturbed areasof the bufferand native seed and low maintenance plants used throughout a majority of the site. Other Environmental Issues Tree Preservation Ordinance The City’s tree preservation ordinance describes a significant tree as a hardwood tree with a minimum of 6 inches in diameter, an evergreen tree with a minimum of 8 inches in diameter, and a softwood tree with a minimum of 12 inches in diameter. Specimen trees are healthy trees of any species which are 28 inches in diameter or greater. The ordinance requires any significant tree removed be replaced based on a tree mitigation calculation. Public improvements such as a fire station are exempt from the tree replacement requirements if there is a greaterpublic need for the project than to meet the requirements of the ordinance. Regardless of the exemption, the City has surveyed the trees on the site and will ensure the project meets the tree replacement requirements. The tree survey identifiedeight significant trees situated on the south side of the property, for a total of 156 caliper inches. There is one specimen tree, a 36-inch burr oak, and seven significant softwood trees. Grading for the site was planned to ensure that all significant trees will be preserved. In addition to preserving all existing significant trees on the site, the landscape plan shows 39 new trees including 11 deciduous, 4 evergreen, and 24 ornamental trees(94.4 caliper inches). Shoreland Ordinance 3M Lake is classified as aClass 1 Lake in the City’s shoreland ordinance.Buildings need to maintain a 50-foot setback from a Class 1 Lake.Maximum impervious surface area is 50 percent.The site can have up to 70 percent impervious surface with approved best practice bonuses. The site is 3.23 acres and impervious surface coverage is proposed at 2.20 acres(68 percent).The City Engineer has agreed to allow an 18 percent bonus for impervious surface for the construction of rainwater gardens that will double the amount of stormwater that is required to be collected on site. The landscape plan shows seeding within the three rainwater gardens. Seeding rainwater gardens almost always fails. In order to meet the impervious surface bonus requirements, the applicant must submit a revised landscape plan which shows detailed plantings for the 3 three rainwater gardens.This is a condition of the applicant’s CUP and does not need to be added as a condition of the wetland buffer waiver approval. InternationalGreen Construction Code On September 23, 2013, the City Council adopted a Green Building ordinance. The goal of the ordinance is to reduce the negative impacts of the built environment on the natural environment and building occupants by requiring performance levels in the following areas: 1.Site development and land use. 2.Material resource conservation and efficiency. emission reduction. 3.Energy conservation efficiency and CO 2 4.Water resource conservation. 5.Indoor environmental quality and comfort. FireStation No. 1 will be the first City-financed building to be constructed under the Green Construction Code.Review of the building plans to date reflect that there will be high performance in site development with the doubling of volume reduction to clean runoffand the preservation of all significant trees on the site. Recommendation Approve the wetland buffer waiver with the following conditions: 1.After grading and planting of the site the applicant must install city approved wetland signs at the edge of the approved wetland and creek buffer that specify that no building, mowing, cutting, grading, filling or dumping be allowed within the buffer. The signs must be placed every 100-feet along the edge of the buffer at a minimum. The placement of these signs must be verified with a survey to ensure proper placement. 2.Maintenance of the native wetland buffer plants to ensure establishment within a three-year period. Attachments 1.Location Map 2.Aerial Site Map 3.Site Plan (showing wetland delineationand buffer) 4.Grading Plan (showing wetland delineationand buffer) 5.Building Elevations 6.Landscape Plan 7.Written Narrative 8.3M Trail Map 4 Attachment 1 Fire Station 3M Campus Proposed Maplewood Fire Station Location Map Attachment 2 Wells Fargo Fire Station 3M Campus Proposed Maplewood Fire Station Aerial Site Map Attachment 3 Attachment 4 Attachment 5 Attachment 6 Attachment WRITTEN NARRATIVE The project proposes to construct a new City of Maplewood Fire Station #1 at the northwest corner of the 3M campus, near the intersection of McKnight Road and Minnehaha Avenue. The facility will be comprised of 16,409 square feet of space to house four fire department apparatus bays, departmental offices and staff support spaces. The facility will also include space for a police department substation. The facility size, scope and plan were determined through planning work sessions with department staff and consideration of the site and context of the 3M campus. The building will accommodate the city’s fire department needs for the foreseeable future. The exterior of the building will include brick and concrete masonry units designed to look like Kasota stone and surface mounted LED lighting. A light colored, thermo-plastic polyolefin, low pitched roof system is designed to reflect heat and control rainwater runoff to the rain gardens located on the site. LED site lighting will be provided and controlled to minimize spill to adjacent properties. The proposed site is elevated above 3M Lake, along McKnight Road, between a service road to the south of Minnehaha Avenue and a service road into the 3M campus. The building will be placed on the northwest corner of the site, which is elevated, treeless and provides access to the north boundary service road and McKnight Road. The building layout and site will allow itself to promote the use of rain gardens for control and filtration of runoff before entering 3M Lake. Evergreens and ornamental trees will be provided on the west side of the building, providing a screen from the residential use across McKnight Road. Native trees, shrubs, perennials and seed mixes will be provided around the remaining portions of the site to provide positive growth year after year while also providing minimal maintenance. 19 visitor parking spaces will be included on the north side of the fire station as well as 4 employee parking spaces on the south side of the station. Flashing beacons controlled with an emergency vehicle preemption device will be placed at the McKnight Road exit to warn motorists that fire trucks are leaving the premises. It is anticipated construction will begin in March 2014 and continue until November 2014. Approval of a Conditional Use Permit for this project will not result in any adverse traffic or environmental impacts to the surrounding area. Attachment Agenda Item 5b MEMORANDUM TO: Environmental and Natural Resources Commission FROM: Shann Finwall, AICP, Environmental Planner DATE: October 15, 2013 for the October 21 ENR Meeting SUBJECT: Resolution of Appreciation for Carol Mason Sherrill Introduction Carol Mason Sherrill has beena member of the Environmental and Natural Resources Commission for six years and ten months, serving from November 27, 2006 to September 30, 2013 and she served on the Environmental and Natural Resources Committee prior to her Commission appointment. Recommendation Approve the attached resolution of appreciation for Carol Mason Sherrill for her years of service on the Environmental and Natural Resources Commission. Attachment Resolution of Appreciation Attachment RESOLUTION OF APPRECIATION WHEREAS, Carol Mason Sherrill has been a member of the Maplewood Environmental and Natural Resources Commission for six years and ten months, serving fromNovember 27, 2006 to September 30, 2013 and she served on the Environmental and Natural Resources Committee for two years prior to her Commission appointment. Ms. Mason Sherrill has served faithfully in those capacities; and WHEREAS, the Environmental and Natural Resources Commission has appreciated her experience, insights and good judgment; and WHEREAS, Ms. Mason Sherrill has freely given of her time and energy, without compensation, for the betterment of the City of Maplewood; and WHEREAS, Ms. Mason Sherrill has shown dedication to her duties and has consistently contributed her leadership and efforts for the benefit of the City. NOW, THEREFORE, IT IS HEREBY RESOLVED for and on behalf of the City of Maplewood, Minnesota, and its citizens that Carol Mason Sherrill is hereby extended our gratitude and appreciation for her dedicated service. Passed by the Maplewood City Council on November 14, 2013. _________________________________ Will Rossbach, Mayor Passed by the Maplewood Environmental and Natural Resources Commission on October 21, 2013. _________________________________ Judith Johannessen, Chairperson Attest: ________________________________ Karen Guilfoile, City Clerk Agenda Item 6a MEMORANDUM TO: Environmental and Natural Resources Commission FROM: Shann Finwall, AICP, Environmental Planner SUBJECT: Tree Policies – Updates to Tree Ordinanceand Policies DATE: October 17, 2013 for the October 21 ENR Commission Meeting Introduction In September the Environmental and Natural Resources (ENR) Commission began the review of theCity’s tree policies. Thisreview is a goal of the ENR Commissionfor 2013 and is needed to ensure the new Living Streets Policies are met. The Living Streets Policy was adopted by the City Council earlier this year and will guide future road improvement projects towards improved biking and walking, enhanced safety and security of streets, calm traffic, livable neighborhoods, improvedstormwater quality, enhancedurban forest, reduced life cycle costs, and improved neighborhood aesthetics. The Living Streets Policy specified severalimplementation strategies needed to achieve the goals including changes to the City’s tree ordinances and policies. This includes a review of the City’s ordinances relating to treesand the creation of an urban tree program that encourages a healthy and thriving urban tree canopy.During the October ENR Commission meeting, the Commission will continue the discussions about changes needed to the City’s tree ordinances. Once these changes are made the Commission will begin to review the City’s overall tree program which will result in a more comprehensive tree management plan. Background Environmental Ordinances Overthe last several years the ENR Commission has reviewed environmental policies and drafted ordinances or made recommendations for changes to existing ordinances as follows: 1.Tree Protection 2.Wetland 3.Renewable Energy 4.Stormwater 5.Flood Plain 6.Solid Waste Management 7.Subsurface Sewage Treatment Systems 8.Slopes (pending) 9.Mississippi River Critical Area (pending) Since these changes occurred over a series of years, the placement of the ordinances within the Citycode is not consistent. Initially ordinances dealing with trees, wetlands, slopes, and the Mississippi Critical area were located in Chapter 12 (Building). Revisions of these ordinances were located in Chapter 18 (Environment), with remaining pieces not yet revised remaining in the Building ordinance.In 2010 during the Stormwater Management Ordinancereview, anew Environment ordinance outline was created to ensure all related ordinances would be placed in that chapter as follows: Chapter 18(ENVIRONMENT) Article I.In General Article II.Nuisances Division 1.Generally Division 1.AbandonedMotor Vehicles Division 2.Noise Control Article II.Erosion and Sedimentation Control Article IV.Air Pollution Control Article V.Environmental Protection and Critical Areas Division 1.Stormwater Management Division 2.Wetlands and Streams Division 3.Tree Protection Division 4.Slopes and the Mississippi Critical Area Division 5.Flood Plain District Article VI.Renewable Energy During the last recodification of the City code it appears that the new format was not followed, leaving the environmental-type ordinances scattered throughout the code.To ensure future recodifications of City code have all environmental-type ordinances within the Environment chapter and that updatesto ordinances are made to meet the Living Streets Policy, staff has drafted the attached draft ordinance. This ordinance places existing ordinances within the Environment chapter and reflects revisions to the tree ordinances based on the ENR Commission’s comments in September. Bringing together all environmental-type ordinances will allow the Commission to conduct a more comprehensive review of the changes needed. Commission Review There is a lot of information to get through in the review of the City’s tree policies and ordinances. To narrow down the subject and help guide the Commission’s discussion during the October meeting, staff recommends the following areas of review: 1.Environmental Ordinance Outline 2.General Changes Needed in the Tree Protection and Tree Licensing Regulations (Division 3 –Trees -beginning on page 25 of the attached draft ordinance). 2 Tree Disease and control will be discussed by the City’s natural resources coordinator and forester during a future meeting. Recommendation Review the draft environment ordinance attached and continue discussions about changes needed to meet the Living Streets Policy. Attachment Draft Environment Ordinance 3 Attachment 1 ORDINANCE NO. ____ AN ORDINANCE TO THE MAPLEWOOD MUNICIPAL CODE REGARDING TREES The Maplewood City Council approves changes to the Maplewood Code of Ordinances pertaining to trees. This ordinance revises Chapter 38 (Trees), Chapter 12 (Buildings and Building Regulations) and Chapter 18 (Environment) as follows: Section 1. This section removes Chapter 38 (Trees) in its entirety. Portions of the Chapter (Article 2 –Shade Tree Disease Control) have been moved Chapter 18 (Environment) and revised as noted in Section 3 below. (Additions are underlined and deletions are stricken.) Article I. In General Sec. 38-1. Planting in right-of-way prohibited. The planting of trees in the public right-of-way is prohibited. Sec. 38-2–38-30. Reserved. Sec. 38-31. Plant pest control program. The city manager is hereby empowered to conduct a program of plant pest control pursuant to authority granted by Minn. Stats. § 18.022. The program is directed specifically at the control and elimination of Dutch elm disease fungus and elm bark beetles and other epidemic diseases of shade trees. Sec. 38-32. Inspections and investigations. Under this article, the city manager: 1.Shall inspect all premises and places within the city as often as practicable to determine whether any condition described insection 38-31exists thereon. He shall investigate all reported incidents of infestation by Dutch elm fungus or elm bark beetles or any other epidemic diseases of shade trees; 2.May enter upon private premises at any reasonable time for the purpose of carrying out any of the duties assigned under this article; and 3.Shall, upon finding conditions indicating Dutch elm infestation or other epidemic diseases of shade trees, immediately send appropriate specimens or samples to the state commissioner of agriculture for analysis or take such other steps for diagnosis as may be recommended by the commissioner. Sec. 38-33. Public nuisances. Page 1 of47 1.The following are hereby declared public nuisances whenever they may be found within the city: a.Any living or standing elm tree or part thereof infected to any degree with the Dutchelm disease fungus Ceratocystis ulmi (Buisman) Moreau or which harbors any of the elm bark beetles Scolytus multistriatus (Eichh.) or Hylurgopinus rufipes (Marsh); b.Any dead elm tree or part thereof, including lugs, branches, stumps, firewood or other elm material from which the bark has not been removed and burned or treated with an effective elm bark beetle insecticide; and c.Other shade trees with epidemic diseases of shade trees. 2.It is unlawful for any person to permit any public nuisance,as defined in subsection (1) of this section, to remain on any premises owned or controlled by him within the city. Sec. 38-34. Removal of infected trees or wood. Whenever the city manager finds with reasonable certainty that the infestation, as defined in section 38-33, exists in any tree or wood on any public or private place in the city, he shall notify the property owner and the person in possession, if different from the owner, on which such tree or wood stands, by certified mail or personal service, that the nuisance must be abated within a specified time, not less than five days from the date of mailing such notice or from the date of service. If the owner or occupant shall fail to remove the infected tree or wood from his property within the time specified in the notice, the city manager may order the work done either by the city's employees or by contract, and the cost of the work shall be billed against the owner or occupant. Sec. 38-35. Special assessments for unpaid nuisance abatement charges. If the owner or occupant shall fail to pay the bill, as provided for insection 38-34, within 30 days, the council may then assess the amount due, plus interest, against the property as a special assessment under state law. Sec. 38-36. Treatment of elm trees near Dutch elm fungus infestation. Whenever the city manager determines that any elm tree or elm wood within the city is infected with Dutch elm fungus, he may treat all nearby high value elm trees with an effective elm bark beetle destroying concentrate. Treating activities authorized by this section shall be conducted in accordance with technical and expert opinions and plans of the state commissioner of agriculture and under the supervision of the commissioner and his agents whenever possible. The notice requirements ofsection 38-34apply to treating operations conducted under this section. Sec. 38-37. Permit for transportation of elm wood. Page 2of47 It is unlawful for any person to transport within the city any bark-bearing elm wood, which is known by the city manager to be infected or suspected of being infected, without having obtained a permit from the city manager. The city manager shall grant such permits only when the purposes of this article will be served thereby. Sec. 38-38. Interference with performance of duties imposed by article. It is unlawful for any person to prevent, delay or interfere with the city manager while he is engaged in the performance of duties imposed by this article. Section 2. This section removes Chapter 12 (Buildings and Building Regulations), Article VII (Environmental Protection and Critical Area) in its entirety. Portions of this Article have been moved to Chapter 18 (Environment) as noted in Section 3below. Section 3. This section revises Chapter 18 (Environment) to include: 1.A new outline and reordering of Articles and Divisions within Chapter 18; 2.Revisions to Section 18-33 (Nuisance affecting Peace and Health); 3.Revisions to Chapter 18, Article V (Tree Protection) to include moving to Chapter 18, Article V, Division 3 (Tree Protection)and revising the language. 4.Revisions to Chapter 38 (Trees), ArticleII (Shade Tree Disease Control) to include moving to Chapter 18, Article V, Division 3 (Tree Protection) and revising the language. 5.Moving portions of Chapter 12 (Buildings and Building Regulations), Article VII (Environmental Protection and Critical Area) to Chapter 18, Article V, Division 4 (Slopes) and Division 5 (Mississippi Critical Area) and revising the language. Chapter 18 ENVIRONMENT Article I.In General Sec. 18-1-18-25. Reserved. Article II.Nuisances Division 1.Generally Sec. 18-26Unlawful to cause, create or commit. Sec. 18-27Common law and statutory nuisances adopted by reference. Sec. 18-28Unlawful to permit; cellars, drains cesspools or sewers. Sec. 18-29Rental agents to disclose name of owner or principal to city manager upon request. Sec. 18-30Public nuisances generally. Sec. 18-31Nuisances affecting health, safety, comfort or repose. Page 3of47 Sec. 18-32Nuisances affecting morals and decency. Sec. 18-33Nuisances affecting peace and safety. [THIS LANGUAGE SHOULD BE REVIEWED FOR CHANGES] Thefollowingaredeclaredtobenuisancesaffectingpublicpeaceandsafety: 1.….. 22.Thestorageofwoodinaresidentialdistrict,wherewoodisstoredinafrontyard, onthestreetsideofacornerlot,orwithinfivefeetofaninteriorpropertyline, unlessscreenedfromviewfromtheadjacentpropertyorwrittenpermissionis receivedfromtheadjacentpropertyowner.Allwoodmustbeneatlypiledatleast sixinchesoffthegroundandnotoversixfeetinheight.Firewoodmustbecutto stovelengths.Storageofdiseasedwoodisprohibited. Sec. 18-34Enforcement of article generally. Sec. 18-35Continuing violations. Sec. 18-36Notice to abate. Sec. 18-37Abatement by council. Sec. 18-38Abatement on premises. Sec. 18-39Violations of article. Sec. 18-40Loitering. Sec. 18-41-18-65. Reserved. Division 2.Abandoned Motor Vehicles Sec. 18-66Purpose. Sec. 18-67Definitions. Sec. 18-68Violation. Sec. 18-69Taking into custody and impoundment. Sec. 18-70Certain vehicles declared nuisances; abatement; removal. Sec. 18-71Immediate sale of certain vehicles. Sec. 18-72Additional remedies. Sec. 18-73Police reports. Sec. 18-74Notice to owner and lien holders. Sec. 18-75Reclamation by owner or lien holder; preservation of lien rights. Sec. 18-76Sale of vehicle. Sec. 18-77Designation of pound keeper. Sec. 18-78Bond of pound keeper. Sec. 18-79Insurance of pound keeper. Sec. 18-80Towing and storage charges generally. Sec. 18-81Release of vehicle and service fee before vehicle towed away. Sec. 18-82Abatement of towing and storage charges. Sec. 18-83Release of vehicles. Sec. 18-84Release form. Sec. 18-85Police records. Sec. 18-86-18-110. Reserved. Page 4of47 Division 3.Noise Control Sec. 18-111Prohibition generally; exception. Sec. 18-112Construction activities. Sec. 18-113Enforcement. Sec. 18-114-18-140. Reserved. Article III.Erosion and Sedimentation Control Sec. 18-115Purpose. Sec. 18-116Scope. Sec. 18-117Erosion and sediment control plan. Sec. 18-118Review of plan. Sec. 18-119Modification of plan. Sec. 18-120Escrow requirement. Sec. 18-121Enforcement; penalty. Sec. 18-122-18-175. Reserved. Article IV.Air Pollution Control Sec. 18-176Short title. Sec. 18-177State regulations adopted. Sec. 18-178Approval required startingfire. Sec. 18-179Penalties for violations. Sec. 18-180-18-XXX. Reserved. Article V.Environmental Protection and Critical Areas Sec. 18-201 to Sec. 18-209 to be deleted from Article V in its entirety and moved to Chapter 18, Article V, Division 3 (see below). Division 1. Stormwater Management Move Ch. 18, Art. VIIto this location. Division 2. Wetlands and Streams. Move Ch. 12, Art. VII, Sections 12-310 to 12-336 to this location. This ordinance was adopted on February 11, 2013 (Ordinance No. 928). Section 1. Findings. a.Wetlands serve a variety of beneficial functions. Wetlands help maintain water quality by filtering suspended solids and pollutants. They reduce flooding and erosion, provide open space for human interaction, and are an integral part of the city’s environment. Depending upon their type, size, and location within a watershed, they represent important physical, educational, ecological, aesthetic, recreational, and economic assets Page 5of47 of the city. Properly managed wetlands are needed to support the city’s efforts to reduce flooding and to protect the public health, safety, and general welfare. b.Wetlands and buffers provide habitat for aquatic, semi-aquatic, and terrestrial wildlife, including rare, threatened, or endangered species.They provide breeding, nesting and feeding grounds for many forms of plant and animal life.Many species of wildlife require both wetlands and their associated upland buffers for survival.Protecting wetlands and buffers is essential for preserving the diversity of plant and animal species in the city. c.Streams are also significant elements of the city’s hydrologic system. Streams flow into wetlands and lakes, provide food and habitat for wildlife,provide open space, and are an integral part of the city’s environment. Like wetlands, streams are an important physical, educational, ecological, aesthetic, recreational, and economic asset. d.Various existing state and federal laws restrict activitiesand development within wetlands and streams. The city finds that development adjacent to and surrounding wetlands may also degrade and pollute wetlands or accelerate the aging or elimination of wetlands and that development next to streams may degrade, pollute, or damage streams and, in turn, degrade other surface waters downstream. Regulating development and land use around wetlands and streams is therefore in the public interest. e.As defined and used herein, buffers are land areas adjacent to wetlands and streams that are deemed important for maintaining the health and valuable functions of such wetlands and streams. Restricting development of and land use in buffers recognizes that the surrounding upland impacts the quality and functions of wetlandsand streams and, therefore, is in the public interest. f.Buffers planted with native or naturalized vegetation serve the following functions: (1)Stabilize soil and prevent erosion. (2)Preserve and enhance the quality of surface water by reducing the input of suspended solids, nutrients, and harmful chemical substances that may adversely impact public health or aquatic habitat. (3)Filter suspended solids, nutrients, pollutants, and harmful substances so that they do not enter the wetland or stream. (4)Moderate water level fluctuations during storms. (5)Protect beneficial plant life and provide habitat for wildlife. (6)Provide shade to reduce the temperature of both stormwater runoff and the wetland, thereby helping to maintain the conditions for healthy aquatic life. (7)Reduce the adverse impacts of human activities on wetlands and streams and thereby preserve them in a natural state. Page 6of47 g.In addition to regulating development and land use around wetlands, this ordinance is intended to educate the public (including appraisers, owners, potential buyers, and developers) about the importance of wetlands and streams and the functions of buffers and to encourage property owners who live adjacent to and/or near wetlands and streams to be responsible stewards by managing and enhancing the quality of buffers as hereinafter described. Section 2. Definitions. The following words, terms, and phrases when used in this ordinance shall have the meanings ascribed to them in this section, except where the contextof the word, terms, and phrases clearly indicates a different meaning. Administratormeans the director of the community development department or other person or persons charged with the administration and enforcement of this ordinance. Alterationmeans human action that adversely affects the vegetation, hydrology, wildlife or wildlife habitat in a wetland, stream or buffer, including grading, filling, dumping, dredging, draining, paving, construction, application of gravel, discharging pollutants (including herbicides and pesticides), and compacting or disturbing soil through vehicle or equipment use. Alteration also includes the mass removal or mass planting of vegetation by means of cutting, pruning, topping, clearing, relocating, or applying herbicides or any hazardous or toxic substance designed to kill plant life. Alteration does not include the following activities in a buffer: a.Walking, passive recreation, fishing, or other similar low-impact activities. b.The maintenance of pre-existing, nonconforming lawn area. c.The removal of trees or vegetation that is dead, dying, diseased, noxious, or hazardous in a manner that does not cause the compacting or disturbing of soil through vehicle or equipment use. d.The removal of noxiousweeds by non-chemical methods, or by means of chemical treatment in accordance with application methods that prevent the introduction of toxic chemicals into wetlands and streams. e.The removal of non-native shrubs, such as buckthorn, if: 1.there is little chance of erosion; and 2.site is flat or generally has slopes less than 6 percent grade; and 3.cut and treat method of removal is used on shrubs more than one-half (½) inches in diameter (not pulling). f.Selective management of vegetation as follows: 1.Selectivepruning of trees or shrubs in order to enhance their health. Page 7of47 2.Selectiveremoval of tree saplings (less than 2 inches in diameter) in order to enhance wildlife value of the buffer. 3.Selectiveremoval of non-native trees. 4.Selectiveremoval of non-native weeds. 5.Selectiveseeding or planting of vegetation that is native to Minnesota. g.Installation of temporary fencing without footings. h.Projects within the buffer that are the subject of a wetland buffer management worksheet approved by the administrator. Best management practices (BMP’s)mean measures taken to minimize negative effects of stormwater runoff on the environment including, but not limited to, installation of rain gardens, infiltration basins, infiltration trenches, retention basins, filters, sediment traps, swales, reduction of impervious surfaces, planting of deep-rooted native plants, landscape and pavement maintenance. Boathouse means a structure designed and used solely for the storage of boats or boating equipment. Buffersare land areas adjacent to wetlands and streams in which development and land use are restricted as set forth herein and in which the growth of native and naturalized plants and trees are to be preserved and encouraged in accordance with this ordinance. Clearingmeans the cutting or removal of vegetation. Enhancementmeans an action that increases the functions and values of a wetland, stream, or buffer. Erosionmeans the movement of soil or rock fragments, or the wearing away of the land surface by water, wind, ice, and gravity. Incidental wetlandmeans a wetland which did not naturally occur, but was incidentally created by humans. Infiltration basinmeans a pond or basin that captures stormwater and allows it to soak into the ground. An infiltration basin will typically drain within forty-eight (48) hours of a storm event. Lakemeans an area of open, relatively deep water that is large enough to produce a wave-swept shore. Lake shall also be defined as a “public water” as delineated and listed in the city’s shoreland ordinance (Article IX). Large-scale project means a vegetation maintenance, control, removal, mitigation or restoration project that will affect more than fifty percent (50%) of a buffer located on a piece of property. Lawn areameans that area within a buffer with maintained landscape, including areas of mowed turf grass, gardens, play areas, work areas, patios, play structures, and nonpermanent structures. Page 8of47 Lawn area does not include: (1) areas within a buffer consisting of native or naturalized vegetation; and (2) the land area that is outside of a buffer. Minnesota Routine Assessment Method (MnRAM)is a scientific methodology to assess the quality of wetlands. Mitigationmeans an action that reduces, rectifies, eliminates, or compensates for the alteration of a buffer or wetland. Mitigation planmeans a plan submitted by an applicant and approved by the city that shows strategies for reducing, rectifying, eliminating, or compensating for the alteration of a buffer or wetland. Native areameans an area where native vegetation exists. Native vegetationmeans tree, shrub, grass, or other plant species that are indigenous to the Twin Cities metropolitan area and that could have been expected to naturally occur on the site. Native vegetation does not include noxious weeds. Naturalized areameans an area where naturalized vegetation exists and does not include a lawn area. Naturalized vegetationmeans tree, shrub, grass, or other plant species that exists on a site naturally without having been planted or maintained as a lawn area. It may be a native or non- native species. Nonconforming lawn areameans that area within a buffer with maintained landscape (lawn area) as of the date of adoption of this ordinance. Once a nonconforming lawn area is converted to native or naturalized buffer, it loses its legal nonconforming status and may not thereafter be treated as a nonconforming lawn area. Noxious weedmeans plants listed as prohibited noxious weeds in the Minnesota Noxious Weed Law. (See also weed.) Ordinary high water mark (OHWM)means a mark delineating the highest water level maintained for enough time to leave evidence upon the landscape. The ordinary high water mark is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. Public watersmeans water basins assigned a shoreline management classification by the Minnesota Department of Natural Resources commissioner under Minnesota Statutes, sections 103F.201 to 103F.221, except wetlands less than 80 acres in size that are classified as natural environment lakes. Rain gardenmeans an infiltration basin that is planted as a garden that allows water to infiltrate within forty-eight (48) hours of a storm event. Page 9of47 Restorationmeans restoring a wetland, stream, or buffer in whole or in part to a condition that is similar to that before development of the surrounding area. Selectivemeans vegetation management done in a naturalized or native buffer, where a minimal amount of vegetation is altered, with the goal of improving ecological quality of the buffer and/or its ability to filter stormwater runoff. Semipublicmeans land that is maintained by a private organization or citizen for use by a larger group of people to include employees, neighbors, or the general public. Setbackmeans the minimum horizontal distance between a structure and the nearest edge of the wetland, stream, or buffer. Slopemeans the inclination of the natural surface of the land from the horizontal; commonly described as a ratio of the length to the height. Stormwater pondmeans a pond that has been created to capture stormwater runoff. Stormwater is often piped into stormwater ponds but may also enter through sheet runoff. Stormwater pond edgemeans the normal high water level for a stormwater pond. Straight-edge setback is a measurement to determine the allowable setback of an addition to an existing house, garage, deck or driveway which is located closer to or within the required buffer. Straight-edge setback additions are measured by using the existing edge of the house, garage, deck, or driveway located nearest to the edge of a buffer, wetland, or stream and extending that line in a parallel direction. No portion of the addition can encroach closer to the edge of a buffer, wetland, or stream than the existing structure. Streammeans those areas where surface waters produce a defined channel or bed. A defined channel or bed is land that clearly contains the constant passage of water under normal summer conditions. Structuremeans anything constructed or erected that requires location on the ground or attached to something having location on the ground. Sustainable designmeans a development design which minimizes impacts on the landscape. Temporary erosion controlmeans methods of keeping soil stable during construction or grading. Temporary erosion control measures include, but are not limited to, silt fencing, erosion control blankets, bale slope barriers, or other best management erosion control methods approved by the city. Variancemeans a deviation from the standards of this ordinance that is not specifically allowed. Vegetationmeans any plant life growing at, below, or above the soil surface. Water-oriented accessory structuremeans a small, aboveground building or other improvement that the owner needs to locate closer to public waters than the normal structure setback. Such a Page 10of47 setback would be because of the relationship of its use to a surface water feature. Examples of such structures and facilitiesinclude boathouses, gazebos, screen houses, fish houses, pump houses or freestanding decks. The definition of water-oriented accessory structures or facilities shall not include stairways, fences, docks or retaining walls. Weedmeans a plant which causes damage in some way to native vegetation or ecosystems. (See also noxious weed.) Wetlandsmeans those areas of the city inundated or saturated by groundwater or surface water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas as defined. Where a person has removed or mostly changed the vegetation, one shalldetermine a wetland by the presence or evidence of hydric or organic soil and other documentation of the previous existence of wetland vegetation such as aerial photographs. This definition does not include lakes or stormwater ponds as herein defined. Wetlands adjacent to lakesmeans those areas of land or vegetation that have been classified as wetlands by an applicable Watershed District in accordance with the Minnesota Routine Assessment Method (MnRAM) system but which are attached to or part of the edge of a lake as defined herein. Wetland classesare defined as follows: a.Manage Awetlands are based on the “Preserve” wetland classification as defined in MnRAM. These wetlands are exceptional and the highest-functioning wetlands in Maplewood. b.Manage Bwetlands are based on the “Manage 1” wetland classifications as defined in MnRAM. These wetlands are high-quality wetlands. c.Manage Cwetlands are based on the “Manage 2” wetland classifications as defined in MnRAM. These wetlands provide moderate quality. d.Stormwater Pond–These are ponds created for stormwater treatment. A stormwater pond shall not include wetlands created to mitigate the loss of other wetlands. Wetland functionsmean the natural processes performed by wetlands. These include providing wildlife food and habitat, maintaining the availability of water, purifying water, acting as a recharge and discharge area for groundwater aquifers, moderating the flow of surface water and stormwater, and performing other functions including but not limited to those set out in U.S. Army Corps of Engineers regulations. Wetland buffer management worksheetis a printed form available through the community development department which is required to be completed by a property owner who wishes to undertake certain activities in a wetland or stream buffer. The activities proposed by the Page 11of47 property owner on the worksheet must be approved by the administrator prior to any work in the buffer. Wetland or stream edgemeans the line delineating the outer edge of a wetland or stream. The wetland edge shall be established using the Federal Manual for Identifying and Delineating Jurisdictional Wetlands dated January 10, 1989, and jointly published by the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, the U.S. Army Corps of Engineers and the U.S. Soil Conservation Service, or succeeding publication that is adopted by the Federal Government. The applicable watershed district must verify this line. Section 3. Applicability and Effective Date. a.Applicability. 1.This ordinance shall take effect after the city publishes it in the official newspaper. 2.Except as specified elsewhere in this ordinance, this ordinance shall apply to all real property which is located in a wetland, stream, or buffer or any person or use that would alter a wetland, stream, or buffer after adoption of this ordinance (December 14, 2009) and revisions of this ordinance (February 11, 2013). 3.The city adopts the wetland classification map dated December 14, 2009, which is based on wetland classifications from the MnRAM studies and assigned by the applicable watershed district. Other wetland classification regulations are as follows: a.Any wetland not currently assigned a classification based on MnRAM studies as of the date of the adoption of this ordinance (December 14, 2009) shall carry over the city’s April 24, 1995, wetland classifications and shall be assigned the following management classes: 1)Class 1 wetlands are defined as Manage A wetlands. 2)Class 2 wetlands are defined as Manage A wetlands. 3)Class 3 wetlands are defined as Manage B wetlands. 4)Class 4 wetlands are defined as Manage C wetlands. 5)Class 5 wetlands are defined as stormwater ponds. b.Appeals to the wetland classifications are within the jurisdiction of the applicable watershed district and shall be filed and heard pursuant to the administrative review process of that district. In the event that an appeal is granted, the city will recognize the results of that appeal for purposes of the classification of wetlands within the city. Page 12of47 4.The city council will adopt changes to the wetland map which are approved by watershed districts. 5.When any provision of any ordinance conflicts with this ordinance, the provision that provides more protection for buffers, wetlands, or streams shall apply unless specifically provided otherwise in this ordinance. This also applies to the applicable watershed district regulations. b.Exemptions. This section does not apply to the following property located in the city limits of Maplewood: 1.Property which is located within a buffer, but is separated from the wetland or stream by an existing road. 2.Buildings and structures not in conformity with the regulations prescribed in this ordinance as of its effective date shall be regarded as nonconforming and may continue. 3.Lawn areas not in conformity with regulations prescribed in this ordinance as of its effective date shall be regarded as nonconforming and may continue. A nonconforming lawn area will lose its legal nonconforming status if it is converted to native or naturalized buffer and may not thereafter be treated as a lawn area. Section 4. Buffer Widths and Requirements. a.Minimum buffers. The following are the minimum required buffer widths and structure setbacks: BufferWetland Classes Manage AStormwater & StreamsManage BManage CPond Minimum Buffer Width100 ft.75 ft.50 ft.10 ft. Structure Setback from Edge of Buffer 00010 ft. b.Buffer measurement. Buffers shall be measured from the wetland or stream edge. c.Buffers containing slopes. For new development or construction on slopes greater than eighteen percent (18%) that are within a buffer, the bufferwidth shall be increased to ten (10) feet beyond the apex of the slope. Extension of the buffer for steep slopes shall apply to all wetland classes. d.Buffers for wetlands adjacent to lakes. In light of the fact that lakes perform different functionsthan wetlands and streams and are used for different recreational purposes, Page 13of47 wetlands adjacent to lakes and their designated buffers shall have alternative buffers as follows: BufferWetland Classes (for Wetlands Adjacent to Lakes) Manage AManage BManage C Minimum Buffer Width75 ft.50 ft.50 ft. e.Average Buffers: Recognizing that there are instances where, because of the unique physical characteristics of a specific parcel of land, the averaging of buffer width for the entire parcel may be necessary to allow for the reasonable use of the land during a development or construction project. In such cases decreasing the minimum buffer width will be compensated for by increased buffer widths elsewhere in the same parcel to achieve the required average buffer width. 1.The average buffer standards set forth below may be applied based on an assessment of the following: a)Undue hardship would arise from not allowing the average buffer, or would otherwise not be in the public interest. b)Size ofparcel. c)Configuration of existing roads and utilities. d)Percentage of parcel covered by wetland. e)Configuration of wetlands on the parcel. f)Averaging will not cause degradation of the wetland or stream. g)Averaging will ensure the protectionor enhancement of portions of the buffer which are found to be the most ecologically beneficial to the wetland or stream. 2.The following are the average buffer widths for freestanding wetlands: BufferWetland Classes (for Freestanding Wetlands) Manage A & StreamsManage BManage C Minimum Buffer Width75 ft.50 ft.50 ft. Average Buffer Width100 ft.75 ft.N/A 3.The following are the average buffer widths for wetlands adjacent lakes: Page 14of47 BufferWetland Classes (for WetlandsAdjacent to Lakes) Manage AManage BManage C Minimum Buffer Width50 ft.50 ft.50 ft. Average Buffer Width75 ft.N/A.N/A 4.Average buffer measurement. Average buffer measurement shall be determined by averaging the buffer along the wetland edge situated on the subject property, not the entire wetland. 5.A mitigation plan is required for construction of development projects which meet the requirements described in Section 5.d. (Mitigation). 6.The appropriateness of using average buffers will be evaluated as part of the review of the contractor’s or owner’s development application. The average buffer used must be within the spirit and intent of this ordinance and must meet one or more of the requirements described in Section 7 (Best Management Practices). 7.The administrator must approve the average buffer. 8.If an average buffer is denied by the administrator, an applicant may appeal the denial by submitting a written appeal request to the administrator within fifteen (15) days of the administrator’s written denial of the average buffer. The administrator shall send appeals of average buffers to the environmental and natural resources commission for review. 9.If an average buffer is denied by the environmental and natural resources commission, an applicant may appeal the denial by submitting a written appeal request to the administrator within fifteen (15) days of the commission’s denial of the average buffer. The administrator shall send these appeals to the city council for final review. Section 5. Development and Construction. a.Unless an exemption applies, the following development and construction activities are not allowed in wetlands, streams, or buffers: 1.Alterations, including the filling of wetlands. 2.The construction of structures. 3.Projects which convert native or naturalized areas to lawn area. 4.The construction of stormwater drainage facilities, sedimentation ponds, infiltration basins, and rain gardens within a buffer. Page 15of47 5.Discharge of stormwater to a wetland not in compliance with the city’s stormwater management ordinance (Section 44-1245, or subsequent ordinances). b.Exemptions. This section does not apply to the following activities in a buffer: 1.Walking, passive recreation, fishing or other similar low-impact activities. 2.The maintenance of pre-existing, nonconforming lawn area. 3.The removal of trees or vegetation that is dead, dying, diseased, noxious, or hazardous in a manner that does not cause the compacting or disturbing of soil through vehicle or equipment use. 4.The removal of noxious weeds by non-chemical methods, or by means of chemical treatment in accordance with application methods that prevent the introduction of toxic chemicals into wetlands and streams. 5.The removalof non-native shrubs, such as buckthorn, if: a)there is little chance of erosion; and b)site is flat or generally has slopes less than 6 percent grade; and c)cut and treat method of removal is used on shrubs more than one-half (½) inches in diameter (not pulling). 6.Selective management of vegetation as follows: a) Selective pruning of trees or shrubs in order to enhance their health. b) Selective removal of tree saplings (less than 2 inches in diameter) in order to enhance wildlife value of the buffer. c) Selective removal of non-native trees. d) Selective removal of non-native weeds. e) Selective seeding or planting of vegetation that is native to Minnesota. 7.Installation of temporary fencing without footings. 8.Projects within the buffer that are the subject of a wetland buffer management worksheet approved by the administrator. 9.Public maintenance of wetlands and buffers. The city may waive the requirements of this ordinance for public operations required to properly maintain in and around water bodieswhere it determines that there is a greater public need for the project than to meet the requirement of this ordinance. In waiving these requirements the city shall apply the following standards: a)All necessary erosion control measures must be in place before activities begin. Page 16of47 b)The public entity performing the work shall replant all disturbed areas within the buffer with native plantings. c)The city may require additional mitigation actions as specified in Section 5.d. (Mitigation). 10.Public or semi-public streets and utilities. The city council may waive the requirements of this ordinance for the construction or maintenance of public or semipublic streets and utilities through buffers where it determines that there is a greater public need for the project than to meet the requirement of this ordinance. In waiving these requirements the city council shall apply the following standards: a)The city may only allow the construction of public or semipublic utilities and streets through buffers where there is no other practical alternative. b)Before the city council acts on the waiver the environmental and natural resources commission and the planning commission shall make a recommendation to the city council. The city shall hold a public hearing for the waiver. The city shall notify the property owners within five hundred (500) feet of the property for which the waiver is being requested at least ten (10) days before the hearing. c)Utility or street corridors shall not be allowed near endangered or threatened species. d)Utility or street corridors, including any allowed maintenance roads, shall be as far from the wetland as possible. e) Utility or street corridor construction and maintenance shall protect the wetland and buffer and avoid large trees as much as possible. f)The city shall not allow the use of pesticides or other hazardous or toxic substances in buffers or wetlands; however, in some situations the use of herbicides may be used if prior approval is obtained from the administrator. g)The owner or contractor shall replant utility or street corridors with appropriate native vegetation, except trees, at preconstruction densities or greater after construction ends. Trees shall be replaced as required by city ordinance. h)Any additional corridor access for maintenance shall be provided as much as possible at specific points rather than to the road which is parallel to the wetland edge. If parallel roads are necessary they shall be no greater than fifteen (15) feet wide. Page 17of47 i)The city council, upon recommendation of the administrator, may require additional mitigation actions as a condition of granting the waiver. 11.Public or semipublic trails. The city may waive the requirements of this ordinance for the construction or maintenance of public or semipublic trails through buffers, and boardwalks in wetlands, where it determines that there is a greater public need for the project than to meet the requirement of this ordinance. In waiving these requirements the city shall apply the following standards: a)Trails shall not be allowed near endangered or threatened species. b)Buffers shall be expanded, equal to the width of the trail corridor. c)The owner or contractor shall replant all disturbed areas next to the trail in a timeframe approved by the city. d)All necessary erosion control measures must be in place before constructing a trail. The erosion control measures must also be maintained and inspected by the city to ensure that the wetland or stream is not compromised by trail construction activities. e)The trail must be designed and constructed with sustainable design methods. f)Boardwalks are allowed within the buffer for public or semipublic use. g)The administrator may require additional mitigation actions as specified in Section 5.d. (Mitigation). c.Construction Practices. Special construction practices shall be required on projects or developments adjacent to wetlands and adjacent to and in their buffers. Special construction practices shall be approved by the administrator before issuance of a grading or building permit. Such practices may include, but are not limited to, grading, sequencing, vehicle tracking platforms, additional silt fences, and additional sediment control. They may also include the following: 1.Wetland Buffer Sign Standards:The city may require that a property owner or developer install wetland signs before grading or starting construction. The buffer will be identified by installing wetland signs on the boundary between abuffer and adjacent land. These signs shall mark the edge of the buffer and shall state there shall be no building, mowing, cutting, filling, or dumping beyond this point. These signs shall be installed at each lot line where it crosses a wetland or stream buffer, and where needed to indicate the contour of the buffer, with a maximum spacing of one-hundred (100) feet of wetland or stream edge. 2.Erosion Control Installation: Before grading or construction, the owner or contractor shall put into place erosion control measures around the borders of Page 18of47 buffers. Such erosion control measures must remain in place until the owner and contractor have finished all development activities that may affect the buffer. 3.Erosion Control Breaches: All erosion control measures must be maintained and inspected to ensure compliance and protection of wetlands, streams, and buffers. The owner or contractor shall be responsible for all erosion/sedimentation breaches within the buffer and shall restore impacted areas to conditions present prior to grading or construction activities. 4.Erosion Control Removal: After completion of grading or construction, the contractor or owner may remove the erosion control measures only after inspection and approval by the city and the applicable watershed district to ensure the areas affected have been established per requirements. 5.Platting: When platting or subdividing property, the plat or subdivision must show the wetland boundaries as approved by the applicable watershed district. 6.It is the responsibility of the owner to alleviate any erosion during and after completion of grading or construction. The owner or contractor must remove erosion control measures after final approved inspection by the city and the applicable watershed district. d.Mitigation. For large-scale projects or new development or construction, the city requires mitigation when a property owner or contractor has altered or will alter a wetland or buffer. The property owner or contractor shall submit a mitigation plan to the administrator for approval. In reviewing the plan, the city may require one or more of the following actions: 1.Reducing or avoiding the impact by limiting the degree or amount of the action, such as by using appropriate technology. 2.Rectifying the impact by repairing, rehabilitating, or restoring the buffer. 3.Reducing or eliminating the impact over time by prevention and maintenance operations during the life of the actions. 4.Compensating for the impact by replacing, enhancing, or providing substitute buffer land at a two-to-one ratio. 5.Monitoring the impact and taking appropriate corrective measures. 6.Where the city requires restoration or replacement of a buffer, the owner or contractor shall replant the buffer with native vegetation. A restoration plan must be approved by the city before planting. 7.Any additional conditions required by the applicable watershed district and/or the soil and water conservation district shall apply. Page 19of47 8.A wetland or buffer mitigation surety, such as a cash deposit or letter of credit, of one hundred and fifty percent (150%) of estimated cost for mitigation. The surety will be required based on the size of the project as deemed necessary by the administrator. Funds will be held by the city until successful completion of restoration as determined by the city after a final inspection. Wetland or buffer mitigation surety does not include other sureties required pursuant to any other provision of city ordinance or city directive. Section 6. Activities in Wetlands, Streams, and Buffers. a.Unless an exemption applies, the following activities are not allowed in wetlands, streams, or buffers: 1.Alterations, including the filling of wetlands. 2.The construction of structures. 3.Projects which convert native or naturalized areas to lawn area. 4.The construction of stormwater drainage facilities, sedimentation ponds, infiltration basins, and rain gardens within a buffer. 5.The discharging of stormwater to a wetland must comply with the city’s stormwater management ordinance (Section 44-1245, or subsequent stormwater ordinances). b.Wetland buffer management worksheet. A wetland buffer management worksheet is required for certain activities within a wetland and stream buffer: 1.The administrator must approve wetland buffer management worksheets. 2.If a wetland buffer management worksheet is denied by the administrator, an applicant may appeal the denial by submitting a written appeal request to the administrator within fifteen (15) days of the administrator’s written denial of the average buffer. The administrator shall send appeals of average buffers to the environmental and natural resources commission for review. 3.If a wetland buffer management worksheet is denied by the environmental and natural resources commission, an applicant may appeal the denial by submitting a written appeal request to the administrator within fifteen (15) days of the commission’s denial of the average buffer. The administrator shallsend these appeals to the city council for final review. c.Exemptions. This section does not apply to the following activities in a buffer: 1.Walking, passive recreation, fishing or other similar low-impact activities. 2.The maintenance of pre-existing, nonconforming lawn area. Page 20of47 3.The removal of trees or vegetation that is dead, dying, diseased, noxious, or hazardous in a manner that does not cause the compacting or disturbing of soil through vehicle or equipment use. 4.The removal of noxious weeds bynon-chemical methods, or by means of chemical treatment in accordance with application methods that prevent the introduction of toxic chemicals into wetlands and streams. 5.The removal of non-native shrubs, such as buckthorn, if: a)there is little chance of erosion; and b)site is flat or generally has slopes less than 6 percent grade; and c)cut and treat method of removal is used on shrubs more than one-half (½) inches in diameter (not pulling). 6.Selective management of vegetation as follows: a) Selective pruning of trees or shrubs in order to enhance their health. b) Selective removal of tree saplings (less than 2 inches in diameter) in order to enhance wildlife value of the buffer. c) Selective removal of non-native trees. d) Selective removal of non-native weeds. e) Selective seeding or planting of vegetation that is native to Minnesota. 7.Installation of temporary fencing without footings. 8.Projects within the buffer that are the subject of a wetland buffer management worksheet approved by the administrator. 9.For properties that are zoned single or double-dwelling residential or are used as a single or double-dwelling residential use: a)The use, maintenance, and alteration of existing nonconforming lawn area for the purpose of outdoor enjoyment which may include gardening, nonpermanent structures (including such things as storage sheds under 120 square feet in area, swing sets and volleyball nets), impervious patios, or fire pits. b)Work within a wetland, stream, or buffer which was approvedby the Minnesota Department of Natural Resources water permitting process and access to those areas by a trail which is limited to the width of the permit. Section 7. Best Management Practices. The city encourages and in some cases requires that best management practices be implemented to minimize negative effects of stormwater runoff on the environment and the loss of wildlife Page 21of47 habitat when a property owner or contractor has altered or will alter a wetland, stream, or buffer. Best management practices may include the following: a.Restore buffer with native plantings. For large-scale projects or new development or construction refer to Section 5.d. (Mitigation). b.Manage weeds in buffer. Pursuant to state law, all weeds listed on the Minnesota noxious weed list must be controlled by the property owner. Owners are encouraged to control other weeds that are not on the noxious weed list but can threaten the health of a wetland. Submittal of a wetland buffer management worksheet is required for management of weeds within the native and naturalized areas of buffers, except for selective treatment. In addition, a management plan drafted by a professional experienced in wetland and stream restoration may be needed for large-scale projects or new development including: 1.Target weeds. 2.Appropriate management techniques, including the use of chemical treatment if approved by the administrator as part of the management plan. 3.Management schedule. 4.Erosion control and reseeding if management will create large areas of dead vegetation. 5.Cash escrow or letter of credit to cover 150 percent of the required work. c.Reduce stormwater runoff and/or improve the quality of stormwater runoff entering a wetland or stream. This may be achieved through the following strategies or other administrator approved best management practices for dealing with stormwater. These practices are to be located outside of the wetland buffer. 1.Reduce amount of pavement on site (i.e. fewer parking stalls, narrower driveways, shared parking with other businesses). 2.Use pervious pavement such as pavers or porous asphalt. 3.Use turf pavers or modified turf areas for overflow parking. 4.Install rain garden or infiltration basin. 5.Install rock trench or rock pit. 6.Install filter strip of grass or native vegetation. 7.Install surface sand filter or underground filter. Page 22of47 8.Install native plantings on site to reduce fertilizer use and improve infiltration. 9.Install a green roof on buildings. 10.Install grit chambers, sediment traps, or forebays. Section 8. Variances. a.Procedures. Procedures for granting variances from this ordinance are as follows: 1.The city council may approve variances to the requirements in this ordinance. 2.Before the city council acts on a wetland ordinance variance the environmental and natural resources commission and the planning commission, will make a recommendation to the city council. The city shall hold a public hearing for the variance. The city shallnotify property owners within five hundred (500) feet of the property for which the variance is being requested at least ten (10) days before the hearing. 3.The city may require the applicant to mitigate any wetland, stream, or buffer alteration impacts with the approval of a variance, including but not limited to, implementing one or more of the strategies listed in Section 5.d. (Mitigation). 4.To approve a variance, the city council shall apply the findings for variance approval as required in Minnesota Statutes. 5.The applicant for a variance shall submit, with the variance application and any other required materials, a statement showing how the proposal would meet the findings for variance approval. b.Exemptions to Variances. Variances are not needed for the following: 1.A nonconforming single or double-dwelling residential structure which loses its nonconforming status as described in Minnesota Statutes, section 462.357, subdivision 1(e) is allowed to be rebuilt on its same footprint in its entirety (including foundations and decks) in the buffer if the new single or double- dwelling family residential structure meets the following conditions: a)Best management practices are implemented to help protect the wetland as described in Section 7 (Best Management Practices). The administrator approves the location and best management practices through the building permit process. b)All other applicable building ordinance requirements are met. 2.A nonconforming manufactured home which is located within a wetland buffer can be replaced with a new manufactured home without approval of a variance as Page 23of47 long as the replacement meets with the requirements of Minnesota Statutes, section 462.357, subdivision 1(a). 3.Additions to a nonconforming single or double-dwelling family house, garage, deck, or driveway using the existing straight-edge setbacks to a wetland or stream if the following apply: a)Property that is zoned single or double-dwelling residential or is being used as a single or double-dwelling residence. b)There is no other reasonable alternative than encroachment toward the wetland or stream with the addition. c)The new addition of the house, garage, deck, or driveway is a minimum of twenty-five (25) feet from the wetland orstream edge. d) The process of constructing the addition does not cause degradation of the wetland, stream, or the existing buffer. e)Mitigation actions must be met as specified in Section 5.d. (Mitigation). 4.Water-oriented accessory structure or boat house which is located within a wetland buffer for a wetland adjacent a lake if the structure meets the city’s Shoreland ordinance requirements. 5.Stairways, lifts and landings which are located within a wetland buffer for a wetland adjacent a lake if the stairway, lift and landing meets the city’s Shoreland ordinance requirements. Section 9. Enforcement. The city reserves the right to inspect the site or property during regular city business hours or upon notice to the property owner or its designated representative one business day in advance if the inspection is to occur at a different time for compliance with this ordinance during development or construction or alteration pursuant to an approved wetland buffer management worksheet or plan. The city shall be responsible for the enforcement of this ordinance. Any person who fails to comply with or violates any section of this ordinance may be charged with a misdemeanor and, upon conviction, shall be subject to punishment in accordance with misdemeanor level convictions as set by State Statute. The violator may be civilly fined and/or liable for restoration costs as well. All land use building and grading permits shall be suspended until the developer has corrected the violation. Each day that a separate violation exists shall constitute a separate offense. Page 24of47 Division 3. Tree Protection. Sec. 18-201.Purpose. The city desires to protect the trees and woodlands in the City of Maplewood. Trees and woodlands provide better air quality, scenic beauty, protection against wind and water erosion, natural insulation for energy conservation, and are beneficial in watershed management. Trees and woodlands also provide wildlife habitat, privacy as screening, act as natural sound and visual buffers, andincrease property values. It is therefore the city’s intent to protect, preserve, and enhance the natural environment of Maplewood and to encourage a resourceful and prudent approach to development in the city; thereby, promoting and protecting public health, safety, and welfare of the citizens of Maplewood. The purpose of this article is to establish a tree preservation and protection ordinance to assure the continuance of significant natural features for present and future generations which: 1.Preserve the natural character of neighborhoods (in developed and undeveloped areas). 2.Protect the health and safety of residents. 3.Protect water quality and minimize storm water runoff. 4.Prevent erosion or flooding. 5.Assure orderly development within wooded areas to minimize tree loss and environmental degradation. 6.Establish a minimum standard for tree preservation and mitigation of environmental impacts resulting from tree removal. 7.Establish and promote an on-going tree planting and maintenance program within the city to assure trees and woodlands for future generations. Sec. 18-202.Applicability. 1.This article shallshouldapply to any individual, business, or entity that engage in a building or development project which requires issuance ofa grading permit or new building permit. This includes all sites of new development that contain significant trees or woodlots. Platting and adding new roadway and right of way are subject to this ordinance. 2.The following are exceptions and are exempt from the requirements of this ordinance: a.Minor home additions, general home improvements, and construction of accessory buildings (i.e. garage, shed). b.Tree removal related to publiccityimprovement projects to existing roadways, sewers, parks, and other infrastructure,andutility/infrastructure work or repair. c.Emergency removal of a tree(s) to protect public health. d.Restoration of land to native prairie. Prairie restoration must be approved by the environmental manager or city forester. Page 25of47 e.Commercial tree nursery and landscape operations. f.Removal of dead or dying trees. Sec. 18-203.Definitions. The following words, terms and phrases, when used in this article, shallshouldhave the meanings ascribed to them in this section, except where the contextclearly indicates a different meaning: Applicantmeans developer, builder, contractor or homeowner who applies for a building or grading permit. Calipermeans a tree trunk measurement of nursery stock measured six (6) inches above ground for tree trunksup to four (4) caliperinches. Tree trunks over four (4) caliper inches measured at six (6) inches in height, move measurement point to twelve (12) inches above ground to measure trunk caliper. Trees greater than four (4) caliper inches may have diameter measurements. City Forestermeans a tree inspector/forester certified by the State of Minnesota who is employed by the city, or appropriate agent or independent contractor designated by the city. Must meet the definition of a Maplewood Registered Forester. Coniferous/Evergreen Tree means a woody plant having foliage on the outermost portions of the branches year-round which at maturity is at least twelve (12) feet or more in height. Tamaracks and Larch are included as coniferous tree species. Critical Root Zone (CRZ)means an imaginary linear circle surrounding the tree trunk with a radius distance of one (1) foot per one (1) inch of tree diameter (e.g., a sixteen (16) inch diameter tree has a CRZ with a radius of sixteen (16) feet. Deciduous Treemeans a woody plant, which sheds leaves annually, having a defined crown and at maturity is at least fifteen (15) feet or more in height. Diameter means a standard point of measurement of tree size, measurement of tree trunk in inches at a height of four and one half (4.5) feet above ground. Measure the circumference of a tree trunk in inches at four and one half (4.5) feet above ground and divide by (3.14) to determine diameter. Drip Line means the farthest distance around and away from the trunk of a tree that rain or dew will fall directly to the ground from the leaves or branches of that tree. Environmental Manager means an employee of the city who manages city-wide environmental programs, or appropriate agent designated by the city. Hardwood Deciduous Tree means the following tree species: ash, basswood, birch, black cherry, catalpa, hackberry, hickory, ironwood, hard maples (sugar maple or red maple), locust, oak, and walnut. Page 26of47 Major Home Additionmeans an addition on a single or double dwelling lotof which the addition or accessory building is more than a sixty (60) percent increase in the footprint of the single or double dwelling structure on said lot. Maplewood Registered Forestermeans a person who is registered with the city as a consulting forester and holds a minimum of a Bachelor of Science degree in arboriculture, urban forestry or similar field from an accredited academic institution or is registered with the International Society of Arboriculture as a certified arborist/forester. Minor Home Addition means an addition on a single or double dwelling lot of which the addition or accessory building is less than a sixty (60) percent increase in the footprint of the single or double dwelling structure on said lot. OrnamentalTreemeans a woody plant, which is grown for its beauty of its foliage and flowers. Retaining Wallmeans a structure utilized to hold a slope in a position in which it would not naturally remain. Specimen Tree is a healthy tree of any species twenty-eight (28) inches in diameter or greater. These trees are considered Significant Trees. Significant Natural Featuremeans a significant water body, woodlot, significant slope, or a site of historical or archeological significance that has been recorded with the state. Significant Tree means a healthy tree measuring a minimum of six (6) inches in diameter for hardwood deciduous trees, eight (8) inches in diameter for coniferous/evergreen trees, twelve (12) inches diameter for softwood deciduous tree, and specimen tree of any species twenty-eight (28) inches in diameter or greater as defined herein. Buckthorn or others noxious woody plants as determined by the environmental manager are not considered a significant tree species at any diameter. Slope means the inclination of the natural surface of the land from the horizontal; commonly described as a ratio of the length to the height. Structure means anything manufactured, constructed, or erected which is normally attached to or positioned on land, including portable structures. Softwood Deciduous Treemeans the following tree species: box elder, cottonwood, elm, poplar/aspen, silver maple, and willow. Tree Preservation Plan means a plan prepared with the assistance of a certified forester, which clearly shows all trees in the area to be developed or within the parcel of record. The plan should include all significant trees to be preserved and measures taken to preserve them. The plan will also include calculations to determine the number of replacement trees as required by the tree mitigation schedule and a proposed re-forestation landscape plan. Page 27of47 Utility means electric, telephone, telegraph, cable television, water, sanitary or storm sewer, solid waste, gas or similar service operations. Vegetation means all plant growth, especially trees, shrubs, native wildflowers, mosses or grasses. Wetlandas defined in the city’s wetland ordinance. Wilding Tree means a tree that was not grown or maintained by a nursery. Woodlotmeans a treed area of at least one-quarter (1/4) acre on a vacant lot, which includes significant tree(s). Sec. 18-18-204.Woodlot alteration permit. A woodlot alteration application shallshouldbe submitted to the environmental manager for review prior to removal of any living trees on a woodlot that is not reviewed by another application. The applicant shallshouldsubmit a tree plan and any other information needed to determine compliance with this ordinance. Specific requirements shallshouldbe stated on an application form in the office ofthe environmental manager. An application fee shallshouldbe established yearly by the city council by resolution. Failure to submit an approved woodlot alteration application before removal of any trees will result in a two-year moratorium for issuanceof a city grading or building permit. In addition, a total tree replacement for the parcel as outlined in the tree mitigation/replacement schedule with the assumption that all trees that were removed are significant trees. The environmental manager may approve a woodlot alteration permit that complies with this ordinance and receive recommendations from the city forester concerning the proposed woodlot alteration. The applicant may appeal environmental manager’s decision to the environmental committeein writing within fifteen (15) days of the environmental manager’s written decision. The applicant may appeal the environmental committee decision in writing within (15) days of the environmental committee written decision to city council for final decision. Applicant must first approach environmental manager then environmental committee before city council will review. Sec. 18-18-205.Tree preservation plan. A tree preservation plan is required for any project which requires any land use permit, grading permit, or building permit; excluding the exemptionsand exceptions as outlined in Section 18-202(2).minor home additions and the removal of dead, diseased, dying or hazardous trees of any size.A tree preservation plan shallshouldreflect the applicant’s best effort to determine the most feasible and practical layout of buildings, parking lots, driveways, streets, storage and other physical features, so that the fewest significant trees are destroyed or damaged and to minimize the negative environmental impact to the site. All tree replacements will be in addition to landscape tree planting standards. An applicant may request a waiver from the environmental manager from preparation of a tree preservation plan. Tree preservation plans shallshouldinclude the following: Page 28of47 1.A tree inventory overlay on the site plan that shows size, species, general health, and location of all significant trees located within the area to be developed or within the parcel of record. Location of groups of standing dead or diseased significant trees shallshouldbe noted on inventory overlay. All tree inventories shallshouldbe preformed by a certified forester and shallshouldbe consistent with the engineer’s grading plan contours. All significant trees included inthe tree inventory must be tagged in the field for reference on the tree preservation plan. These significant trees should be identified on the plan sheet(s) in both graphic and tabular form. Trees growing in clump form are considered individual trees and each stem/trunk is measured as individual trees. 2.Approval by acertified forestermust approve the tree preservation plan. 3.The tree preservation plan must be drawn at the same scale as the other site plan submittalsand must . 4.A tree preservation plan that coincides with necessary engineering documents such as topography, wetland information, grading plans, road, and building locations.must include: a. 4.A list of total diameter inches of all healthy significant trees inventoried. b. 5.Listing of the total diameter inches of healthy significant trees removed. [c.] 6.The name(s), telephone number(s), and address(s) of the person(s) responsible for tree preservation during the course of the development project. 75.Outer boundaries of all contiguous wooded areas, with a general description of trees not meeting the significant tree size threshold and any indication of the presence of epidemic tree diseases. 86.Delineation of all limits of land disturbance, clearing, grading and trenching. 97.Locations of the proposed buildings, structures, or impervious surfaces. 108.Location of trees protected and the proposed measures for protection including delineation of tree protection fencing, tree protection signs, location for material storage, parking, debris storage, and wash out area for redi-mix trucks. Page 29of47 119.Written description of tree preservation and safeguarding measures planned for the site. 1210.Size, species, number, and location of all replacement trees proposed to beplanted on the property in accordance with the tree mitigation/replacement schedule. 13.Delineate the location of (existing) significant trees that are to be preserved with location and type of protective fencing. 1411.Signature of the person(s) preparing the plan. The tree preservation plan shallshouldbe reviewed by the environmental manager, with advisement from the city forester, for compliance with this ordinance. Reasons for denial shallshouldbe noted on the tree preservation plan, or otherwise stated in writing. Sec. 18-18-206.Tree Preservation and Safeguarding Tree Measures. 1.All developments within the city shallshouldbe designed to preserve significant trees and woodlots, where such preservation would not affect the public health, safety or welfare of Maplewood citizens. The city may prohibit removal of all or a part of a woodlot or significant tree subject to the limitations as defined in this chapter. This decision shallshouldbe based on but not limited to the following criteria: a.Sizeof trees. a.b.Size of lot. b.c.Species, health, and attractiveness of the trees, including: 1)Sensitivity to disease. 2)Life span. 3)Nuisance characteristics. 4)Sensitivity to site grading. 5)Potential for transplanting. 6)Need for thinning a woodlot. 7)Effects on the functioning of a development. 8)Fragmentation of wooded area and effects on wildlife corridors. 9)The public health, safety and welfare. 10)Effect on wetlands and/or watershed. 11)Native Prairie Restoration 2.Safeguarding preserved trees: the tree preservation plan shall delineate the location of (existing) significant trees that are to be preserved with location and type of protective fencing. Page 30of47 a.Tree protective areas shallshouldbe located at a minimum of the CRZ of trees or drip line whenever possible.Use of tree-save islands and stands are encouraged rather than the protection of individual trees scattered throughout a site. b.Suitable tree protection fencing in active areas includes use of orange polyethylene laminar safety fencing or woven polyethylene fabric (silt fencing). Fencing must be self-supportive. All active tree protection areas shallshouldbe designated as such with “Tree Save Area” signs posted in addition to the required fencing. c.Use of passive forms of tree protection requires approval from environmental manager in writing. Passive forms of tree protection fencing include use of continuous rope or flagging (heavy mil plastic four (4) inches or wider) with visible signage stating “Keep Out” or “Tree Save Area”. d.Signs requesting subcontractor cooperation and compliance with tree protection standards are required at site entrances. e.No construction work shallshouldbegin until tree protection fencing has been installed, inspected, and approved by the city forester. At least three (3) working days prior to construction or grading, applicant shallshouldbe required to request inspection of on-site protective measures by city forester. Once city forester approves tree protection fencing or devices it must not be altered orremoved without prior written approval. f.Tree protection fencing shallshouldbe maintained and repaired by the applicant for the duration of construction. No grade change, construction activity, storage or staging of materials shallshouldoccur withinthis fenced area. g.Use of cCustom grading, retaining walls or tree wells to maintain existing grade for preserved treescan be used. h.Layout of the project site utility and grading plans should accommodate the tree preservation areas. Utilities recommended along corridors between tree preservation areas and use of common trenches or tunnel installation if possible. i.Minimize tree wounding by felling or removing trees away from trees remaining on site. j.Construction site activities such as parking, material storage, concrete washout, placement of holes, etc., shallshouldbe arranged so as not to encroach on tree protection areas. k.Identify and prevent oak wilt infection. Treat all known oak wilt infected areas with current accepted guidelines including root cutting and tree removal. If Page 31of47 pruning oaks is required between April 1 and July 1 cover fresh wounds with nontoxic tree wound sealant or latex paint. l.Use of wood chip mulch to a depth of six (6) to eight (8) inches adjacent to tree protection areas to minimize soil compaction and desiccation. m.Concrete washout, leakage or spillage of fuels or paints, or other materials that would result in detrimental change in soil chemistry is prohibited in tree preservation areas. n.Post construction tree care to mitigate construction damagemust include the following: 1)Tree root aeration, fertilization, and/or irrigation systems. 2)Therapeutic pruning. o.Mitigate sSoil compaction mitigation bythe following: 1)Mulch drive lanes with eight (8) to ten (10) inches of woodchips. 2)Soil fracturing with deep tillage or other similar methods. 3)Inclusion of organic matter to existing soil. 3)Core aeration. p.Transplant existing trees to a protected area for future relocation transplanting onto permanent sites within the construction area. 3.If any significant tree designated statedas preserved (protected) in the approved tree preservation plan is cut, damaged, or encroached upon by grading equipment or during the construction process without city authorization and if it is determined by the environmental manager that the damaged tree(s) will probably not survive, the said damaged tree(s) shallshouldbe removed by the applicant at their expense and replacement tree(s) required at a rate oftwo (2) times the tree mitigation/replacement formula. Sec. 18-18-207.Tree Mitigation/Replacement Schedule. If less than twenty percent (20%) of significant tree diameter inches is removed, the applicant shallshouldreplace one (1) tree per significant tree removed. Tree replacement shallshouldbe a minimum of two (2.0) caliper inches in size. Page 32of47 If twenty percent (20%) or more total diameter inches is removed, applicant shallshouldmitigate all significant diameter inches using the tree mitigation/replacement schedule in accordance with the following formula: A = Total Diameter Inches of Significant Trees lost as a result of the Land Alteration B = Total Diameter Inches of Significant Trees situated on the property. C = Tree Replacement Constant (1.5) D = Replacement Trees (Number of Caliper Inches) ((A/B -.20) x C) x A = D Example A = 379 B = 943 C =1.33 D =160 ((379 / 943 –0.20) x 1.5) X 379 = 114.7 caliper inches The trees required to be replaced pursuant to this chapter shallshouldbe in addition to any other trees required to be planted pursuant to any other provision of city code. Once the total caliper inches for replacement trees are determined, the developer/applicant shallshouldmitigate tree loss by either: 1.Plantingreplacement trees in appropriate areas within the development in accordance with the tree replacement schedule. 2.Plantingreplacement trees on city property under the direction of environmental manager or city forester. Must be approved during the review process prior to issuance of permit(s). 3.Payingthe city a sum per diameter inch in accordance with the tree replacement schedule with written approval from city staff. The fee per diameter inch shallshouldbe set forth in the city fee schedule set annually by city council resolution. Payment shallshouldbe deposited into an account designated specifically for tree planting on public property within the city. The form of mitigation to be provided by the applicant shallshouldbe determined by city staff. This provision may only apply if all other measures in this ordinance have been exhausted. 4.The developer shallshouldbe required to maintain trees for two (2) year after planting. Should any tree require replacement during this two (2) year period, the replacement period shallshouldstart at the date of replacement. Trees required to be planted pursuant to any other provision of city code are not included in this and must be replaced according to such code. Page 33of47 5.Species requirements: Where ten (10) or more replacement trees area required, not more than thirty (30) percent shallshouldbe of the same type of tree without the written approval of the environmental manager. Native tTree species native to the Maplewood area are preferred. 6.Sources of trees: Replacement trees shallshouldconsist of certified nursery stock as defined by Minnesota Statutes, Section 18.46 hardy for this USDA plant hardiness zone (Zone 2, 3 or 4 hardiness rated trees) or other trees including wilding trees, so long as such wilding trees comply with the following standards and are approved by the environmental manager or city forester. All replacement trees shallshouldbe healthy and free from insect or disease infestation. A wilding tree measured in caliper inches shallshouldnot exceed the maximum height as shown on the table below: CALIPER INCHESMAXIMUM HEIGHT (FEET) 2-318 3-420 4-524 The lowest branch of a wilding tree shallshouldnot be at a height above the surface of the ground more than one-half (1/2) the total height of the tree (e.g., a fourteen (14) foot tree must have a branch within seven (7) feet of the surface of the surrounding ground). 7.Tree replacement size must be no less than two (2) caliper inches deciduous or six (6) foot evergreen tree unless pre-approved by the environmental manager. Use the following table to convert evergreen trees to caliper inches: Evergreen or coniferous tree height convert to caliper measurement as follows: the first six (6) feet of growth equals two and one-half (2.5) caliper inches for each additional two (2) feet in height equals one (1) additional caliper inch. EVERGREEN TREE HEIGHT(FEET)CALIPER INCHES 6feet2.5 7feet3 8 feet3.5 9 feet4 10 feet4.5 11 feet5 12 feet5.5 Trees required to be planted pursuant to any other provision of city code must comply with tree size specification of such code. 8.Tree replacement escrowsurety required. The applicant shallshouldpost tree replacement escrow surety with the city, such as a tree replacement cash deposit or letter of credit, of one hundred and fifty (150) percent of estimated cost for tree replacement for proposed planting. Funds will be held by the city until successful completion of final planting Page 34of47 inspection. It shallshouldbe the applicant’s responsibility to call for such inspection. Tree replacement escrow surety does not include other escrows sureties required pursuant to any other provision of city code or city directive. Sec. 18-208.Enforcement. The city reserves the right to inspect the construction site at any time for compliance with this ordinance. Should the city find the site in violation of the approved tree preservation plan, they may issue a stop work order until conditions are corrected. Stop work order, will be lifted after approved by environmental manager or city forester in writing. The city shallshouldbe responsible for the enforcement of this ordinance. Any person who fails to comply with or violates any section of this ordinance shallshouldbe deemed guilty of a misdemeanor and, upon conviction, shallshouldbe subject to punishment in accordance with section 1-15. All land use building, and grading permits shallshouldbe suspended until the developer has corrected the violation. Each day that a separate violation exists shallshould constitute a separate offense. Sec. 18-209.Effect on density. The city may reduce the maximum allowed density on that part of a development that has a significant natural feature, where such reduction would save all or part of a significant natural feature. However, regardless of the requirements in this article, the maximum allowed density shallshouldnot be reduced below 67 percent of the allowed density in the city’s land use plan for multiple dwellings. The minimum lot size shallshouldnot be increased above 15,000 square feet for single dwellings. Any required density reduction or increase in lot size must save a significant natural feature. The city council may require the clustering of dwellings in the form of townhouses, quads, apartments, or similar uses where it is necessary to preserve significant natural features. Sec. 18-210–18-220. Reserved Sec. 18-. Shade Tree Disease Control[THIS SECTION NEEDS TO BE REVIEWED FOR CHANGES] Sec. 18-38-31. Plant pestcontrol program. The city manager is hereby empowered to conduct a program of plant pest control pursuant to authority granted by Minn. Stats. § 18.022. The program is directed specifically at the control and elimination of Dutch elm disease fungus and elm bark beetles and other epidemic diseases of shade trees. Sec. 18-38-32. Inspections and investigations. Under this article, the city manager: 1.Shall inspect all premises and places within the city as often as practicable to determine whether any condition described insection 38-31exists thereon. He shall investigate all Page 35of47 reported incidents of infestationby Dutch elm fungus or elm bark beetles or any other epidemic diseases of shade trees; 2.May enter upon private premises at any reasonable time for the purpose of carrying out any of the duties assigned under this article; and 3.Shall, upon finding conditions indicating Dutch elm infestation or other epidemic diseases of shade trees, immediately send appropriate specimens or samples to the state commissioner of agriculture for analysis or take such other steps for diagnosis as may be recommended by the commissioner. Sec. 18-38-33. Public nuisances. 1.The following are hereby declared public nuisances whenever they may be found within the city: a.Any living or standing elm tree or part thereof infected to any degree with the Dutch elm disease fungus Ceratocystis ulmi (Buisman) Moreau or which harbors any of the elm bark beetles Scolytus multistriatus (Eichh.) or Hylurgopinus rufipes (Marsh); b.Any dead elm tree or part thereof, including lugs, branches, stumps, firewood or other elm material from which the bark has not been removed and burned or treated with an effective elm bark beetle insecticide; and c.Other shade trees with epidemic diseases of shade trees. 2.It is unlawful for any person to permit any public nuisance, as defined in subsection (1) of this section, to remain on any premises owned or controlled by him within the city. Sec. 18-38-34. Removal of infected trees or wood. Whenever the city manager finds with reasonable certainty that the infestation, as defined in section 38-33, exists in any tree or wood on any public or private place in the city, he shall notify the property owner and the person in possession, if different from the owner, on which such tree or wood stands, by certified mail or personal service, that the nuisance must be abated within a specified time, not less than five days from the date of mailing such notice or from the date of service. If the owner or occupant shall fail to remove the infected tree or wood from his property within the time specified in the notice, the city manager may order the work done either by the city's employees or by contract, and the cost of the work shall be billed against the owner or occupant. Sec. 18-38-35. Special assessments for unpaid nuisance abatement charges. Page 36of47 If the owner or occupant shall fail to pay the bill, as provided for insection 38-34, within 30 days, the council may then assess the amount due, plus interest, against the property as a special assessment under state law. Sec. 18-38-36. Treatment of elm trees near Dutch elm fungus infestation. Whenever the city manager determines that any elm tree or elm wood within the city is infected with Dutch elm fungus, he may treat all nearby high value elm trees with an effective elm bark beetle destroying concentrate. Treating activities authorized by this section shall be conducted in accordance with technical and expert opinions and plans of the state commissioner of agriculture and under the supervision of the commissioner and his agents whenever possible. The notice requirements ofsection 38-34apply to treating operations conducted under this section. Sec. 18-38-37. Permit for transportation of elm wood. It is unlawful for any person to transport within the city any bark-bearing elm wood, which is known by the city manager to be infected or suspected of being infected, without having obtained a permit from the city manager. The city manager shall grant such permits only when the purposes of this article will be served thereby. Sec. 18-38-38. Interference with performance of duties imposed by article. It is unlawful for any person to prevent, delay or interfere with the city manager while he is engaged in the performance of duties imposed by this article. Sec. 18-219–18-239. Reserved. Division 4. Mississippi Critical Area and Slopes. Sec. 18-___12-247. Purpose. The purpose of this article is to protect significant natural features which: 1.Preserve the natural character of neighborhoods. 2.Protect the health and safety of residents. 3.Protect water quality. 4.Prevent erosion or flooding. 5.Manage the Mississippi River Corridor Critical Area in accordance with the Critical Areas Act of 1973, the Minnesota Policy Act of 1973 and the Governor’s critical area designation order, Executive Order 130, dated November 23, 1976. Sec. 18-___12-248. Applicability. 1.This article shall apply to any person or use that would alter a significant natural feature. 2.Public and semipublic projects, such as streets, utilities and parks, whether built by a public agency or private developer, shall be subject to this article, except that the city Page 37of47 council maywaive these requirements where there would be a greater public need for the project than to meet the requirements of this article. A public hearing shall be held before declaring such a waiver. The property owners within 350 feet of the site shall be notified at least ten days before the hearing. Sec. 18-___12-249. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Bluffline means a line delineating a top of a slope with direct drainage to a protected water, connecting the points at which the slope becomes less than 18 percent. More than one bluffline may be encountered proceeding landward from a protected water. Critical area means the Mississippi River Corridor Area bounded by Carver Avenue, I-494 and the city limits. Direct drainage means drainage into a protected water without an intervening pond or wetland. Erosion means the general process by which soils are removed by flowing surface or subsurface water or wind. Gross soil loss means the average annual total amount of soil material carried from one acre of land by erosion. Large tree means any health tree that has a trunk diameter, four feet above the ground, of at least eight inches, other than a box elder, cottonwood, poplar, or any other undesirable tree, as determined by the director of community development. Pipeline means an underground line of pipe including associated pumps, valves, control devices and other structures utilized for conveying liquids, gases, sewage or other finely divided solids from one point to another. Protected water, formerly referred to as “public waters,” means any water defined in Minn. Stats. 105.37, subd. 14. Retaining wall means a structure utilized to hold a slope in a position in which it would not naturally remain. Sediment means suspended matter carried by water, sewage or other liquids. Significant natural feature means a significant water body, a large tree, a woodlot, a significant slope or a site of historical or archeological significance that has been recorded with the state. Significant slope means a natural slope of 25 percent or more grade over an area at least 200 feet in length (top to bottom) and 500 feet in width (side to side). Page 38of47 Significant water body means a water body shown on the city drainage plan or a water body over one acre in area. Slope means the inclination of the natural surface of the land from the horizontal; commonly described as a ratio of the length to the height. Structure means anything that is manufactured, constructed or erected which is normally attached to or positioned on land, including portable structures. Substation means any utility structure, other than lines, pipelines, poles or towers. Terrace means a relatively level area bordered on one or more sides by a retaining wall. Utility means electric, telephone, telegraph, cable television, water, sanitary or storm sewer, solid waste, gas or similar serviceoperations. Vegetation means all plant growth, especially trees, shrubs, mosses or grasses. Water body means any lake, stream, pond, wetland or river. Wetlandmeans the following classes of wetlands: 1.Class 1 wetlands:Wetlands assigned the Unique/Outstanding rating in the Ramsey- Washington Metro Watershed District Wetlands Inventory, 1995. Class 1 wetlands are those with conditions and functions most susceptible to human impacts, are most unique, have the highest community resource significance andsimilar characteristics. 2.Class 2 wetlands:High value (definition based on Watershed wetlands inventory results). 3.Class 3 wetlands:Wildlife habitat value. 4.Class 4 wetlands:Moderate value impacts. 5.Class 5 wetlands:Wetlands assigned the highly impacted rating in the Ramsey- Washington Metro Watershed District Wetlands Inventory, 1995. Class 5 wetlands are those with conditions and functions most affected by human activities, with the least diverse vegetation communities, least communityresource significance and similar characteristics. For the purposes of this section, the U.S. Fish and Wildlife Service's Classification of Wetlands and Deepwater Habitats of the United States, FWS/OBS-79/31 (Cowardin et al, 1979) contains the descriptions and photographs of wetland classes and subclasses. Woodlotmeans a treed area of at least one-half acre, of which at least 25 percent of the area includes large trees. Page 39of47 Sec. 12-250. Effect on density. The city may reduce the maximum allowed density on that part only of the development that has a significant natural feature, where such reduction would save all or part of a significant natural feature. However, regardless of the requirements in this article, the maximum allowed density shall not be reduced below 67 percent of the allowed density in the city's land use plan for multiple dwellings. The minimum lot size shall not be increased above 15,000 square feet for single dwellings. Any required density reduction or increase in lot size must save asignificant natural feature. The city council may require the clustering of dwellings in the form of townhouses, quads, apartments or similar uses, where it is necessary to preserve significant natural features. Sec. 12-251 to 12-276. Reserved. Sec. 12-277. Tree plan required. A tree plan shall be required with any city application which would result in the loss of large trees or all or part of a woodlot. This plan shall show the existing woodlot, identify the sizes and species of any large trees and indicate which trees are to be removed. The applicant shall show on the tree plan and on the site the limits of proposed grading activity near a large tree or woodlot to be preserved. These grading limits shall not encroach upon the drip lines of the trees to be preserved in the woodlot. City staff may submit the plan to a tree expert for a recommendation. Any costs shall be paid by the developer. Sec. 12-278. Woodlot alteration permit. (a)A woodlot alteration application shall be submitted to the director of community of development for any alteration of a woodlot that is not reviewed in another application. The applicant shall submit a tree plan and any other information needed to determine compliance with this article. Specific requirements shall be stated on an application form in the office of the director of community development. An application fee shall be established by the city council by resolution from time to time. (b)The director of community development may approve a woodlot alteration permit which complies with this article. The director's decision may be appealed to the city council in writing by any affected party within ten days of the director's written decision. Sec. 12-279. Conditions of approval. The city may require conditions of approval to ensure compliance with this article. Secs. 12-280—12-306. Reserved. Sec. 18-___12-307. Scope. Under this article all plans and the conduct of all grading, landscaping, structure placement, and street routing shall be consistent with the city’scomprehensive plan, and for development in the Mississippi River Corridor Critical Area, the Maplewood Critical Area Plan. Page 40of47 1.The proposed development shall not lessen existing public access to and along a protected water. 2.The proposed development shall be designated, constructed and maintained to avoid causing: a.Erosion control. b.Pollution, contamination or siltation of water bodies or storm sewers. c.Flooding. d.Groundwater contamination. e.Alteration of significant natural features. 3.Development shall not substantially diminish the scientific, historical, educational, recreational or aesthetic value of unique natural areas, plants and animals, which are registered with the state as such, and shall not substantially alter their reproductive cycles. 4.Views of protected waters from buildings or public street shall not be impaired by the placement of advertising signs. 5.Where feasible, all new stormwater detention ponds shall be designed and constructed to meet the Nationwide Urban Runoff Program (NURP) design criteria of removing at least 60 percent of the phosphorous. The engineer or designer may use the Walker pondnet model or the Pitt pond model when designing stormwater ponds, as noted by the Minnesota Pollution Control Agency (MPCA) Protecting Water Quality in Urban Areas manual. The applicant or applicant’s engineer shall provide the city engineer with the necessary calculations to verify the pond design. Sec. 18-___12-308. Slopes. 1.No development shall be permitted on existing slopes of 18 perce3nt or greater which are in direct drainage to a protected water. 2.In areas not in direct drainage to a protected water, no development shall be allowed on existing slopes greater than 40 percent. 3.No development, whether or not in direct drainage to a protected water, shall be permitted on land having an existing slope in excess of 12 percent, unless the applicant proves the following conditions are met: (a)Controls and protections exist uphill from the proposed development such that there is no danger of structures or streets being struck by falling rock, mud, sediment from erosion, uprooted trees or other materials. (b)The proposed development presents no danger of falling rock, mud, sediment from erosion, uprooted trees or other materials to structures downhill. Page 41of47 (c)The view of a developed slope within the critical area from the Mississippi River and opposite river bank is consistent with the natural appearance of the undeveloped slope, consistent with any state-registered historic areas nearby, compatible with the view from historic areas, and compatible with surrounding architectural features. (d)The city engineer may require the developer to provide a soils engineer to certify the stability of potentially unstable slopes. 4.The basic character of natural slopes of 25 percent or more in grade shall not be altered without approval from the city council. The council shall base its decision on the following: (a)The degree of alteration of the slope; and (b)The importance of the slope to the character of the area. 5.All new structures and roads shall be placed no closer than 40 feet from a bluffline. Exceptions shall be as follows: (a)Public recreation facilities, scenic overlooks, public observation platforms or public trail systems. (b)The construction of aboveground pumping stations. (c)Other development, when the applicant can conclusively demonstrate that construction or final development will not negatively impact slopes with a grade of 18 percent or greater. (d)All other structures, other than buildings and roadway surfaces, but including retaining walls, shall meet the following design requirements: 1.Retaining walls or terrace contours in excess of four feet in height shall have a fence. 2.Construction materials shall be subject to community design review board approval. 6.The requirements of this section shall not apply in the following situations: (a)Where a slope has been substantially altered by prior excavation or filling. (b)Where a slope is less than 200 feet in length (top to bottom) or 500 feet in width (side to side). Page 42of47 (c)Where earth-sheltered homes are proposed. Sec. 18-___12-309. Erosion control and soils. 1.All erosion control, stormwater runoff, utility and similar structures shall be designed to be maintained and operated without requiring the crossing or operation of heavy maintenance vehicles and equipment, such as bulldozers, trucks and backhoes, on slopes in excess of eight percent. This requirement may be waivedby the city council where there is no other alternative. 2.Construction shall not be allowed where there are soil problems, including but not limited to soil-bearing strength, shrink/swell potential or excess frost movement, unless effective soil correction measures or building construction methods are approved by the building official. 3.Development shall be accomplished only in such a manner that on-site gross soil loss levels shall not exceed five tons per acre per year during construction, but onlytwo tons per acre per year when the site is adjacent to a water body, watercourse or storm sewer inlet, and one-half ton per acre per year after construction activities are completed. 4.A development shall be located to minimize the removal of vegetation and alteration of the natural topography. 5.Erosion protection measures shall make maximum use of natural, in-place vegetation, rather than the placing of new vegetation on the site. Division 5. Flood Plain Overlay District. Move Ch. 18, Art. VI, to this location. Article VI. Floodplain Ordinance Stormwater Management Article VI. Article VIII. Renewable Energy Systems. Section 3. This section revises Chapter 12 (Buildings and Building Regulations), Article VI (Contractors and Subcontractors) to update licensing requirements for tree service companies. (Additions are underlined and deletions are stricken.) Sec.12-207.Generaltypesofwork. Beforeanypersonshallengageinthebusinessofdoingorperforminginthecityanyofthe followingvarioustypesofworkheshallfirstobtainalicenseorregistertodosoasprovidedin thisarticle: Page 43of47 1.Cementwork,cementblockwork,cementblocklayingorbrickwork. 2.Generalconstruction,includingerection,alterationorrepairofbuildings. 3.Themovingorwreckingofbuildings. 4.Plastering,outsidestuccoworkorlathing. 5.Plumbing,includinginstallationofoutsidesewagedisposalplants. 6.Heating. 7.Gasinstallation,includingheating,appliances,devicesormachinery,etc. 8.Welldrilling. 9.Roofing. 10.Signandbillboarderecting. 11.Excavatorsforbasements,foundations,gradingoflots,etc. 12.Cesspoolandprivatesewerdisposalinstallers. 13.Soddingandlandscaping. 14.Treeservicecompanies. 1514.Elevators. Sec.12-208.Applicationforandissuanceoflicense;licensefees;registrationrequired. 1.Applicationforanylicenserequiredbyshallbefiledwiththecityclerkon section 12-207 theappropriateformfurnishedbythecity.Anylicenserequiredbyshall section 12-207 beissuedbythecityclerk. 2.Thelicensefeeforanylicenserequiredbyshallbeimposed,set, section 12-207 establishedandfixedbythecitycouncil,byresolution,fromtimetotime. 3.Plumbers,buildingmoversorothercrafts,whicharelicensedbythestateandwhichthe cityisprohibitedfromlicensing,whoundertaketoperformworkandobtainpermits withinthecityshallfirstregisterwiththecityclerkandshallprovideproofofpublic liabilityinsuranceasrequiredbythisarticle.Suchstate-licensedcontractorsshallalso provideanyadditionalinsuranceorindemnitybondrequiredbythecitycouncilby resolutiontoprotectpropertyofthecitywhensuchworkisbeingdoneinoruponany citystreetorotherpublicright-of-wayoruponanyofthecity-ownedutilitieslocatedin suchstreetorright-of-way. Sec.12-209.Durationoflicenses;consequencesofnonrenewal. 1.AlllicensesissuedundershallexpireonDecember31followingthedate section 12-208 ofissuance,unlesssoonerrevokedorforfeited. 2.Ifalicensegrantedunderisnotrenewedpriortoitsexpiration,allrights section 12-208 grantedbysuchlicenseshallcease,andanyworkperformedaftertheexpirationofthe licenseshallbeinviolationofthisCode. Sec.12-210.Liabilityinsurance. Page 44of47 Anypersonapplyingforanylicenseenumeratedinsection12-207shallfilewiththecityclerka certificatetotheeffectthatpublicliabilityandpropertydamageinsuranceisinforceandshall remainandbeinforceandeffectduringtheentiretermofsuchlicenseandshallcontaina provisionthatsuchinsuranceshallnotbecancelledwithouttendays'writtennoticetothecity. Publicliabilityinsuranceshallnotbelessthan$25,000.00forinjuries,includingaccidentaldeath toanyoneperson,and,subjecttothesamelimitforeachperson,inanamountofnotlessthan $50,000.00onaccountofanyoneaccidentandpropertydamageinsuranceintheamountofnot lessthan$5,000.00onaccountofdamagetoanyonepartyandnotlessthan$25,000.00on accountofanyoneaccident.Astogasinstallers,suchpublicliabilityinsuranceshallbefornot lessthan$25,000.00forinjuries,includingaccidentaldeath,toanyoneperson,and,subjectto thesamelimitforeachperson,inanamountofnotlessthan$50,000.00onaccountofanyone accidentandpropertydamageintheamountofnotlessthan$25,000.00.Nolicenseshallbe issueduntilsuchcertificateofinsuranceshallhavebeenfiledandapprovedbythecityclerk. Sec.12-211.Renewaloflicenseafterexpirationdate. Anypersonrenewinghislicenseundersection12-208aftertheexpirationdateshallbecharged thefullannuallicensefee.Noproratedlicensefeeshallbeallowedforrenewals. Sec.12-212.Workcoveredunderlicenseissuedtogeneralcontractors;requirementsof subcontractors. 1.Alicensegrantedundersection12-207toageneralcontractorshallincludetherightto performalloftheworkincludedinhisgeneralcontract.Suchlicenseshallincludeanyor allofthepersonsperformingtheworkwhichisclassifiedandlistedinsection12-207, providingthateachpersonperformingsuchworkisintheregularemployofsuchgeneral contractorandqualifiedunderstatelawandthisCodetoperformsuchwork.Inthese cases,thegeneralcontractorshallberesponsibleforalloftheworksoperformed. 2.Subcontractorsonanyworkclassifiedandlistedinsection12-207shallberequiredto complywiththesectionsofthisCodepertainingtolicense,bond,qualifications,etc.,for theirparticulartypeofwork. Sec.12-213.Qualificationsforlicenses. Exceptasotherwiseprovidedbylaw,eachapplicantforalicenseundersection12-208shall satisfythecitycouncilthatheiscompetentbyreasonofeducation,specialtraining,experience andthatheisequippedtoperformtheworkforwhichalicenseisrequestedinaccordancewith allstatelaws,cityordinancesandthisCode. Sec.12-214.Exemptionsforhomeowners. Page 45of47 Ahomeownerinthecityshallhaveanexemption,utilizednomoreoftenthanonceeveryfive years,fromneedingthelicensefordoingorperforminganyofthevarioustypesofworkonhis ownhomeforwhichalicenseisrequiredinsection12-207. Sec.12-215.Speciallicensesforcertainwork. Thecouncilmay,byresolution,provideforanyspeciallicensesandsetthefeesforanyworkor servicespertainingtoconstruction,reconstruction,revocationorrepairofbuildingsor appurtenancesthereto,whenthecouncildeemsinitsdiscretionthatthelicensesprovidedforin section12-207donotproperlypertaintotheworkorservicetobecoveredbysuchlicenses. Sec.12-216.Sewerinstallerlicenses. 1.Beforeanypersonislicensedtoengageinthebusinessofsewerinstallationwithinthe city,heshallmakeapplicationtothecityforsuchlicense,shallpaythefollowingfeeand shallfilewiththecityclerkthefollowingbondandinsurancerequirements: a.Thefeeforsuchlicenseshallbeimposed,set,establishedandfixedbythecity council,byresolution.EachlicenseshallterminateonJune30nextafterits issuance.Licensesshallnotbetransferable. b.Asuretybondshallbeprovidedinthecurrentlyrequiredamount,runningtothe city,approvedbythecitycouncil.Thebondshallbeconditionedthatthecitywill besavedharmlessfromanyloss,damage,costorexpensebyreasonofanywork performedunderthisCodeorbyreasonofimproperorinadequateperformanceor compliancewiththetermsofthisCodebytheholderofthelicense,hisagentor employees. c.Acertificateofinsuranceorcopiesofpublicliabilityandpropertydamage insurancepolicies,asprovidedforinsection12-208,shallbeprovided. 2.Thecitycouncilmayrevokeanylicenseissuedunderthissectionatanytime,ifthe licenseeshallviolateanycityordinance. 3.Nolicenseeshallallowhisnametobeusedbyanyotherpersonforthepurposeofdoing anysewerinstallationworkwithinthecity. Sec.12-217.Signinstallerlicenses. 1.Nopersonshallbeengagedinthebusinessofinstalling,erecting,constructingor removingsignswithinthecitywithoutfirstobtainingalicense.Suchlicenseshallbe issuedbythecitymanageruponapplicationtherefore.Suchlicenseshallbeforone calendaryear,andtheannualfeeforsuchlicenseshallbeestablishedbyresolutionofthe citycouncil.Aseparatefeescheduleshallbeestablishedfortemporarysigns. Page 46of47 2.Everypersonlicensedundersubsection(a)ofthissectionandregularlyengagedinthe businessoferectingadvertisingandbusinesssignsinthecityshall,beforepermitsare granted,filewiththecityclerkacontinuingbondinthecurrentlyrequiredamount executedbytheapplicantandasuretycompanyapprovedbythecityattorneyand conditionedforthefaithfulobservanceoftherequirementsofthisCode,whichshall indemnifyandsaveharmlessthecityfromanyandalldamages,costsorexpenseswhich thecitymayincurorsufferbyreasonofgrantingsuchpermitorhavethesigncontractor bondpursuanttoMinn.Stats.§325E.58.Aliabilityinsurancepolicyissuedbyan insurancecompanyauthorizedtodobusinessinthisstate,conformingtothissection, shallbepermittedinlieuofthebond.Anypersonlawfullymaintainingsignstructures regulatedbychapter36,articleIII,atthetimeofitsoriginalenactment(July14,1977), shallcomplywiththissectionwhichshallindemnifyandsaveharmlessthecityfromany andalldamages,costsorexpenseswhichthecitymayincurorsufferbyreasonof grantingsuchpermitorhavesigncontractorbondperMinn.Stats.§325E.58. Sec.12-218.Treeservicecompanylicenses. 1.No person shall fell, cut or trim any tree for hire in the city, or engage in the business of so doing without a license. This shall apply only to the felling, cutting or trimming of trees, limbs and branches which are two (2) inches or more in diameter at the point of cuttingor severance. 2.Compliance with recognized industry standards. All licensees performing work under this chapter must comply with the American National Standards Institute (ANSI) Standard A300. Effective within one (1) year from the date of the adoption of these amendments, any new or renewal license applications shall require that the licensee employ an individual who possesses current certification as an arborist from the International Society of Arboriculture (ISA). Page 47of47