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HomeMy WebLinkAbout2014-02-27 ENR Packet AGENDA CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCE COMMISSION Cancelled-Thursday, February 20, 2014 Rescheduled–Thursday,February 27, 2014 7p.m. Council Chambers-Maplewood City Hall1830 CountyRoad B East 1.Call to Order 2.Roll Call 3.Approval of Agenda 4.Approval ofMinutes: a.January 16, 2014 5.New Business a.Maplewood Recycling Program: 1)2014 Ramsey County Communication and Work Plan 2)2013 Tennis Sanitation, LLC, Annual Report 3)2014 Tennis Sanitation, LLC, Work Plan 6.Unfinished Business a.2014 Goals - Implementation Strategies b.Tree Ordinance 7.Visitor Presentations 8.Commission Presentations 9.Staff Presentations a.Earth Hour (Saturday, March 29) b.Maplewood Nature Center Programs 10.Adjourn Agenda Item 4.a. MINUTES CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION 7:00 p.m., Thursday, January 16, 2014 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 Chair Johannessen. 2.ROLL CALL Randee Edmundson, CommissionerPresent Deborah Fideldy, CommissionerPresent Judith Johannessen, ChairPresent Ann Palzer, Vice ChairPresent Absent Cindy Schafer, Commissioner Dale Trippler, CommissionerPresent Ginny Yingling, CommissionerPresent Staff Present Shann Finwall, Environmental Planner Alan Kantrud, City Attorney Ginny Gaynor, Natural Resources Coordinator Ann Hutchinson, Lead Naturalist City Council LiaisonPresent Kathleen Juenemann, City Councilmember 3.APPROVAL OF AGENDA Commissioner Yingling asked to move 5.b. - Maplewood Recycling Program to 5.a. ahead of other business due to Willie and Greg Tennis having to leave early.There was also a commission presentation andstaff presentation added at the end of the meeting. Commissioner Tripplermoved to approve the amended agenda. Seconded by CommissionerYingling.Ayes – All The motion passed. 4.APPROVAL OF MINUTES CommissionerTripplermoved to approve theDecember 16,2013, Environmental and Natural Resources Commission meeting minutes as submitted. Seconded by CommissionerYingling.Ayes – All The motion passed. January 16, 2014 1 Environmental and Natural Resources Commission MeetingMinutes 5.NEW BUSINESS a.Maplewood Recycling Program i.Environmental Planner, Shann Finwall introduced the item. ii.City Attorney, Alan Kantrud addressed and answered questions of the commissionon the proposed letter of understanding for the roll out of recycling carts. iii.City Council Liaison, Kathleen Juenemann addressed the commission. iv.Greg Tennis, Tennis Recycling addressed and answered questions of the commission. v.Willie Tennis, Tennis Recycling addressed and answered questions of the commission. 1)Recycling Cart Distribution and Management Plan The commission discussed aspects of the proposed letter of understanding which outlined details of the recycling cart roll out;in particular the commission expressed concern over Tennis’proposal toautomatically rollout 65 gallon carts to single family residential properties. It would have been nice to offer the residents a choice. Greg and Willie Tennis stated that they rolled out 65 gallon carts in Hastings a few years ago. They asked the Hastings residents to try that size for three months, prior to switching to a smaller size. A majority of the residents ended up keeping the 65 gallon cart, thus creating more recycling storage and an increase in recycling rates. That is the goal of rolling out the larger carts. The commission convinced Greg and Willie Tennis that they should allow residents to switch cart sizes twice before a $25 fee is charged. City Attorney Kantrud stated that he would modify the letter of understanding with that language. Tennis will roll out their standard browncart with orange lids. On top of the lid will be the materials that can be recycled. They will continue to monitor participation by the drivers and will not install RFID chips in the carts. 2)2014 Draft Work Plan The commission stated their concerns regarding the Tennis Sanitation 2014 draft work plan and how the materials could be improved includingadding additional information on how Tennis will work with staff to promote business and church recycling and target nonparticipating residents. The final work plan will come back to the commission for approval in February, along with the 2013 annual report. b.Election of Chair and Vice Chair i.Environmental Planner Finwall gave the report on election of chair and vice chair. Commissioner Trippler moved tonominate Ann Palzer as Chair for 2014. Seconded by Commissioner Yingling.Ayes –All Chairperson Johannessen moved to nominate Commissioner Trippler asVice Chair for 2014. Seconded by Commissioner Yingling.Ayes –All The motion passed. Newly elected Chairperson Palzer took over the chair responsibilities at this point of the meeting. c.2014 Goal Setting i.Environmental Planner, Shann Finwall gave the report on 2014 Goal Setting. ii.Lead Naturalist, Ann Hutchinson addressed the commissionregarding the 2014goals for the Maplewood Nature Center. January 16, 2014 2 Environmental and Natural Resources Commission MeetingMinutes iii.Natural Resource Coordinator, Ginny Gaynor addressed and answered questions of the commission. iv.City Council Liaison, Kathleen Juenemann addressed the commission and suggested that two members from theENRCommission write an article for the Seasons newsletter to inform residents about what the commission has been working on. The commission discussedgoals for 2014 which includecompletion of the tree ordinance amendments and updates to the City’s ordinances to eliminate barriers and promote urban farming. Additionally, the commission would like to work more closely with the City’s recycling contractor on education. To begin, the commission would like to schedule a tour of their facility. Another ordinance which might need to be updated in 2014 is the Mississippi River Critical Areaordinance oncethe state rules are complete. Staff will bring the goals back to the commission in February to discuss howbest to implement those goals. d.Tree City USA Update i.Natural Resources Coordinator, Ginny Gaynor gave a power point presentation on Tree City USA and answered questions of the commission. ii.Lead Naturalist, Ann Hutchinson answered questions of the commission. 6.UNFINISHED BUSINESS a.Tree Ordinance (To Be Continued atthe February ENR meeting) 7.VISITOR PRESENTATIONS Councilmember Juenemann reminded the commission that Earth Hour is scheduled for the end of March. She stated that it would be a good idea to have commissions interact more. As an example, the ENR and Human Rights Commissionscould work together regarding diversity and community gardens. 8.COMMISSION PRESENTATIONS a.Free Government Cable: Commissioner Trippler stated he had been contacted by Maplewood residents regarding the subject of recycling carts andhad asked residents if they had been watching the discussions at the city meetings. He stated residents were unaware that they could watch the meetings on the government channel for free. Commissioner Trippler wanted to remind people that your cable company is required to provide afree cable connection to watch the government channel16.For more information contact your cable provider.Staff stated they will make sure that information is put in an upcoming newsletter. 9.STAFF PRESENTATIONS a.Ramsey-Washington Metro Watershed District –Citizen Advisory Committee Nomination– Environmental Finwall stated that Maplewood resident,Mark Gernes has been nominated for the watershed district’s Citizen Advisory Committee. Mr. Gernes works for the Minnesota Pollution Control Agency, served on the City’s Open Space Committee, and assisted the City with drafting of our wetland ordinance. b.Ramsey-Washington Metro Watershed District Community Confluence -Natural Resource Coordinator, Ginny Gaynor discussed a gatheringThursday, January 30, 2014,at the Maplewood Community Center from 6:30 –8 p.m.The gathering is intended to get public comment on the watershed district’s projects over the next few years. More information can be found at theRamsey-Washington Metro-Watershed District website at www.rmwd.org. January 16, 2014 3 Environmental and Natural Resources Commission MeetingMinutes c.Nature Center Programs Lead Naturalist, Ann Hutchinson presented the upcoming Nature Center Programs. For more information contact the Maplewood Nature Center at (651) 249-2170. 10.ADJOURNMENT Chair Palzeradjourned the meeting at 9:00 p.m. January 16, 2014 4 Environmental and Natural Resources Commission MeetingMinutes Agenda Item 5.a. MEMORANDUM TO: Environmental and Natural Resources Commission FROM: Shann Finwall, AICP, Environmental Planner SUBJECT:Maplewood Recycling Program DATE: February 12, 2014 for the February 20 ENR Commission Meeting INTRODUCTION Maplewood’s contract with Tennis Sanitation, LLC, for city-wide residential recycling service requires them to submit an annual work plan and report. The work plan should include proposals for recycling system improvements. The annual report should include, at a minimum, quantities of recyclable materials collected; quantities marketed;quantities stored; quantity of process residual disposed; log of all education tags left because of non-targeted materials set out for recycling; and log of all complaints. DISCUSSION 2014Ramsey County Work Plan To meet more aggressive recycling goals established in recent years for the metropolitan region and its counties, Ramsey County requires that all cities enter into a recycling work plan. The work plan is intended to increase recycling performance in the City. Maplewood’s 2014 Ramsey County Recycling Work Plan is attached for your review (Attachment 1). It includes three types of performance measures including administration, collection and operations, and education. Some examples of the City’s 2014 requirements include developing a plan to educate residents on the City’s mandatory recycling ordinance, taking advantage of opportunities to learn more about residential organics collection in anticipation of having an organics program in place by 2016, and developingand implementinga plan for targeting communication to non-performing and low-performing participants. 2013 The2013 Annual Report summarizes the City’s single and multiplefamily recycling programs (Attachment 2).Following is a comparison of the 2013 and 2012 average pounds per household per month and annual net tons of materials collected from single family and multiple family households: 20122013 Average pounds per single family household per month41.95lbs43.78 lbs Annual net total tons collected for single family households 2,313.61tons2,414.62 tons Average pounds per multiple family household per month11.47lbs13.24 lbs Annual net tons collected for multiple family households276.88tons319.56 tons Additional observations regarding the City’s recycling program in 2013: Average pounds per single family households have increased 13% over the past two years. Total tons for single family households increased by 268.56 tons over the past two years. The average participation rate for 2013 for single family households is 84%. Participation is counted if a household places recyclables out at least once a month. There were 9,140 pounds of recyclables collected at City Parks in 2013. The October 2013 Composition Study reflects that a majority of Maplewood’s recyclables are made up of paper (51.6%) and cardboard (17.6%). 2014Work Plan The 2014 Work Plan includes the distributionof recycling carts to all single family homes and townhomes and manufactured homes with curbside recycling; encouraging small businesses and organizations to opt into the City’s recycling program; targeting education to low and non- participating residents; and recycling education including a tour of Tennis’ recycling facility for the Environmental and Natural Resources Commission. The 2014 Work Plan is attached for review (Attachment 3). RECOMMENDATION Review the recycling information included with this report and offer feedback and comment. Thereports will go to the City Council in March for final review. Attachments: 1.2014 Ramsey County Work Plan 2.2013 Maplewood Annual Report 3.2014 Maplewood Work Plan 2 Attachment 1 ‘’ Attachment 2 - ¯«¤¶®®£ 2¤¢¸¢«¨­¦ 2¤¯®±³ Greg & Willie Tennis Tennis Sanitation 1/30/2014 Index of Recycling Report ................... Page 1 ................... Page 2 ................... Page 3 Recycling Data (Multi-................... Page 4 Multi-................... Page 5 Inquiries, Linens, Cardboard, & Parks Summary..................... Page 6 .................... Page 7 ................... Page 8 ................... Page 9, 10, 11, 12 .................. Page 13 Market Report - .................. Page 14 Additional Items................................................................ Page 15 Summary of Year-................. Page 16 Appendix of Recycling Report ................... Appendix A Recycling Report (Multi-.................... Appendix B (large) ...................... Appendix C Monthly Multi-family R....................... Appendix D ..................... Appendix E (large) Recycling Data Summary...................................... Appendix F Educational Tags and Complaints/Compliments Log Report Educational Tags............................................................... Appendix G Compliments/Complaints.................................................... Appendix H January 30, 2014 City of Maplewood Maplewood, MN 55109 1830 County Road B E RE: LETTER OF PURPOSE Dear City of Maplewood, This Year-end recycling report has been prepared for the City of Maplewood The report contains summaries of recycling data for both single family and multi-family, inquiries, composite study information, environmental impact report, fun facts and a market report of recycling markets, along with a final summary of the report. This year's report we have also added two years of comparison da recycling program and we have also measured participation. The data in this report will assist us in developing a better understanding of the past, present and future Our goal is to develop future strategies to enhance the recycling programs already in place. Sincerely, Greg and Willie Tennis Tennis Sanitation Maplewood recycling year-end report 2013 page 2 RECYCLING DATA SUMMARY In this report we have compiled annual data from both single family and multi-family dwellings (SEE APPENDIX A). This data includes: Net tonnage of all residential and multi-family dwellings combined (tan) Break-out of single family tonnage and set-out rates (yellow) Break-out of multi-family tonnage (blue) Separate measurement of weights for cardboard and linens (bottom of APPENDIX A) Break-out of single family recycling materials by type and weight (yellow) Break-out of multi-family recycling materials by type and weight (blue) Break-out of combined tonnages (green) Inquiries tracked per month (bottom of APPENDIX A) The data is compiled from recyclable materials collected from ou period of time. Weights are broken out based on a composite ratio of the entire load. Maplewood recycling year-end report 2013 page 3 RECYCLING DATA (SINGLE FAMILY) The Single Family Data in APPENDIX A (yellow) was compiled from the single family homes after taking out the multi-family weights. From this data we are able to illustrate the weight per home (in lbs.) per -at do not place their recycling out on a weekly basis. This year we had also monitored "participation" by route. The data from the routes is compiled from the Single Family data spreadsheet which detail collected (APPENDIX E). In analyzing the single family data, we are able to provide the 2013 Average lbs. per household per month = 43.78 lbs. per month 2011 comparison data: Average lbs. per household per month = 38.91 lbs. per month 2012 comparison data: Average lbs. per household per month = 41.95 lbs. per month Average lbs. per household has increased 13% over the past two years!! 2013 Annual Net total tons collected for single family were 2,414.62 2011 comparison data: Annual Net total tons collected for single family were 2,146.06 2012 comparison data: Annual Net total tons collected for single313.61 Total tons increased by 268.56 tons over the past two years!! Other New Data Collected: Participation Percentage of Residents TOTAL PARTICIPATON % FOR 2013 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC AVRG 83% 80% 81% 83% 84% 84% 84% 87% 85% 84% 83% 88% 84% Additional Trends: Tennis is confident that the volume has increased in the total recycling tonnage because we are providing a one-sort collection process that offers the residences the convenience of collecting additional recyclable materials and larger items such as corrugawhich otherwise may end up in the trash. Also, we are able to collect more types of plastics. Maplewood recycling year-end report 2013 page 4 RECYCLING DATA (MULTI-FAMILY) The Data in APPENDIX A (Blue) is the actual data compiled from net total weight family homes a factoring-out the multi-family weights. From this data we are able to illustrate the weight per unit (in lbs.) per month. To assist us in providing accurate data, we compile weights on a quarterly basis. This weight is then used to provide us with a fair average of weight generated by each multi-family unit. Our drivers then documented the number of carts dumped at each location on a weekly basis (see APPENDIX D). These weights are then added at the end of each month to pr report we are able to calculate the weight per unit per month. In analyzing the multi-family data, we are able to provide the following observations: Average lbs. per unit per month = 13.24 lbs. per month 2011 comparison data: Average lbs. per unit per month = 12.96 lbs. per month 2012 comparison data: Average lbs. per unit per month = 11.47 lbs. per month Overall tonnage volumes were very consistent over the last three years. Annual Net total tons collected for multi-family (ANTMF) was 319.56 tons 2011 comparison data: ANTMF was 312.73 tons 2012 comparison data: ANTMF was 276.88 tons How are the weights determined for the multi-family data? On a quarterly basis we use one truck to collect all multi-family dwellings. The total weight is then divided by the number of carts emptied to get an average weight per cart. This data is then entered into multi-family spreadsheet. See APPENDIX D for an example of this report. This data is significant because we are able to easily separate otal tons collected on each day of collection. The remaining tonnage is then the actua family homes. Maplewood recycling year-end report 2013 page 5 MULTI-FAMILY INDIVIDUAL SUMMARY LETTER From the data compiled over the twelve months we are able to pro-housing property with an accurate summary report of their recycling volumes (APPENDIX B). We also provide them with some information on how their efforts help with the environment along with additional information assist them in enhancing their recycling efforts. Maplewood recycling year-end report 2013 page 6 INQUIRIES SUMMARY Below are twelve months of data documenting the number of residents that called into our office. The most common calls were comprised of residents asking what additi less common calls were to see if our driver could come back beca materials in time and the occasional request of how to dispose of hazardous waste. We are confident that our Customer Service Staff (CSRs) satisfaction. The amount of inquiries to actual residents servient. Our team of CSRs and professional drivers are committed to providing Maplewood we feel this report is direct result of this commitment. TOTAL INQUIRIES FOR 2013 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL 35 14 7 14 8 10 14 11 19 44 35 22 233 2011 TOTAL INQUIRIES (Comparison Data) JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL 87 64 70 38 16 16 11 15 5 5 5 12 344 2012 TOTAL INQUIRIES (Comparison Data) JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL 39 16 24 13 22 14 19 21 30 29 23 10 260 LINENS AND SHOES SUMMARY Linens and shoes for the year 2013 totaled 8,641 pounds 2011 Linens and shoes (Comparison Data) totaled 6,217 pounds 2012 Linens and shoes (Comparison Data) totaled 3,692 pounds CARDBOARD SUMMARY Cardboard collected for 2013 from city facilities and buildings totaled 140,650 pounds. 2011 Cardboard collected (Comparison Data) totaled 105,615 pounds 2012 Cardboard collected (Comparison Data) totaled 92,850 pounds BUSINESS and PARKS WEIGHTS We also collect data from some businesses who started recycling TOTAL POUNDS FOR 2013 BUSINESSES: 2,855 lbs CITY PARKS: 9,140 Maplewood recycling year-end report 2013 page 7 RECYCLING COMPOSITE STUDY For the composite study we kept all loads from the entire week's worth of material and processed only Maplewood's material through our MRF on Saturday. The sorting floor was cleared and the recycling was sorted into the categories (as listed below). All of the categories were then weighed and documented. The results of the composite study were then entere Why do a composite study? Having a good understanding of the recycling composition provides us with data that may assist us in adjusting it to fit the needs of the Residents of Maplewood. With on-going changes in the economy, cultural and even changes in the home we can develop more available markets, increase processing technologies to handle more items and enhance educational materi recycling procedures. Maplewood recycling year-end report 2013 page 8 ENVIRONMENTAL IMPACT ANALYSIS From the detailed recycling data from this report, we are able to provide the City of Maplewood w some unique ways that the residents recycling efforts have made a difference. Over the years, recycling markets have been able to recycle more and more items out of the waste stream. They have also been able to determine what resources are saved by recycling various material In this report we were able to convert the break-out of the composite of recycling materials and convert the tonnages into resources saved. Maplewood recycling year-end report 2013 page 9 FUN RECYCLING FACTS PAPER & CARDBOARD If all our newspaper was recycled, we could save about 250,000,0 year! If every American recycled just one-tenth of their newspapers, we would save about 25,000,000 trees a year. If you had a 15-year-old tree and made it into paper grocery bags, you'd get about 700 of them. A busy supermarket could use all of them in under an hour! This means in one year, one supermarket can go through over 6 million paper bags! Imagine how many supermarkets there are just in the United States!!! The average American uses seven trees a year in paper, wood, and products made from trees. This amounts to about 2,000,000,000 tr year! Approximately 1 billion trees worth of paper are thrown away every year in the U.S. Americans use 85,000,000 tons of paper a year; about 680 pounds The average household throws away 13,000 separate pieces of pape year. Most is packaging and junk mail. Each ton (2000 pounds) of recycled paper can save 17 trees, 380 three cubic yards of landfill space, 4000 kilowatts of energy, a of water. This represents a 64% energy savings, a 58% water savi pounds less of air pollution! The 17 trees saved (above) can absorb a total of 250 pounds of carbon dioxide from the air each year. Burning that same ton of paper would create 1500 pounds of carbon dioxide. Maplewood recycling year-end report 2013 page 10 Fun Recycling facts - continued ALUMINUM CANS Used aluminum beverage cans are the most recycled item in the U. types of aluminum, such as siding, gutters, car components, stor frames, and lawn furniture can also be recycled. Recycling one aluminum can saves enough energy to run a TV for three hours -- or the equivalent of a half a gallon of gasoline. More aluminum goes into beverage cans than any other product. An aluminum can that is thrown away will still be a can 500 years from now! There is no limit to the amount of times aluminum can be recycle We use over 80,000,000,000 aluminum soda cans every year. A 60-watt light bulb can be run for over a day on the amount of energ by recycling 1 pound of steel. In one year in the United States, the recycl steel saves enough energy to heat and light 18,000,000 homes! PLASTICS Americans use 2,500,000 plastic bottles every hour! Most of them are thrown away! Plastic bags and other plastic garbage thrown into the ocean kill as many as 1,000,000 sea creatures every year. Recycling plastic saves twice as much energy as burning it in an Maplewood recycling year-end report 2013 page 11 Fun Recycling facts - continued GLASS The energy saved from recycling one glass bottle can run a 100-watt light bulb for four hours or a compact fluorescent bulb for 20 hours. It al% less air pollution and 50% less water pollution than when a new from raw materials. A modern glass bottle would take 4000 years or more to decompose -- and even longer if it's in the landfill. Mining and transporting raw materials for glass produces about 385 pounds of waste for every ton of glass that is made. If recycled glass is substituted for half of the raw materials, the waste is cut by more than 80%. INDUSTRY REFERENCE INFORMATON http://www.recycling-revolution.com/recycling-facts.html http://www.ambitpacific.com/industrialrecycling/recycling/recyclg-facts.html http://www.google.com/search?sourceid http://www.headwatersrecycle.com/why.html http://www.ambitpacific.com/industrialrecycling/recycling/recycling-facts.html http://www.deq.state.ms.us/mdeq.nsf/page/Recycling_RecyclingTriv Recycling www.students.arch.utah.edu/courses/Arch4011/%20Facts1.pdf Maplewood recycling year-end report 2013 page 12 Fun Recycling facts - continued What is plastic made into? Plastics are everywhere in our lives - our kitchens, our vehicles, our purses, and even inside our own Check out the many ways plastics can be found all around you: Polyethylene terephthalate (PET) plastic #1: Beverage bottles, food film, microwaveable packages High-density polyethylene (HDPE) plastic #2: Beverage containers, cleaning product containers, shopping bags, cabling, pipes, wood composites Polyvinyl chloride (PVC) plastic #3: Toys, pipes, shower curtains, flooring, windows, food films Low-density polyethylene (LDPE) plastic #4: Produce bags, flexible food containers, shrink wrap, lining for cardboard, wire coverings, toys Polypropylene (PP) plastic #5: Large and small appliances, food containers, auto parts, pipes Polystyrene (PS) plastic #6 : Food and beverage containers, CD and DVD cases, plates and cups Polycarbonate (PC) plastic #7: Beverage bottles, DVDs and CDs, eyeglasses, traffic lights, lenses http://www.ecolife.com Maplewood recycling year-end report 2013 page 13 GLASS RECYCLING PROCESSORS Tennis Sanitation has managed mixed broken glass utilizing Strategic Materials as our glass processor. ncy plan that achieves the overall goal of recycling 100% of the material into the original raw material We are excited to announce that Strategic Materials has developed a technology that optically sorts broken glass mechanically without manual sorting. This results in minimizing the amount of glass being used for aggregate material. {;; {·©·;mz- a·;©zŒ­ ;“7š©­;’;“· Œ;··;© ,;ŒšÞu Maplewood recycling year-end report 2013 page 14 MARKET REPORT 2013 was a stable year for all commodities. Fiber markets took their annual drop in demand. Plastics markets remain strong. Aluminum and tin markets were strong due to the steady demand from local markets. Glass market remains strong especially now that there is a new lken glass in the Metro area. Their newest technology sorts broken glass using co complex but innovative blower system. 90% of the broken glass is now being processed into post- consumer food and beverage containers. The outlook for 2014 Year 2013 was a pretty challenging year for some of the commodities. Future markets are anticipating to take a wait and see approach for survival mode due to reduced local, national and export demand. Maplewood recycling year-end report 2013 page 15 ADDITIONAL ITEMS RESIDUALS: 2013 Residuals (in tons) from recycling was as follows: JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTAL 2.0 % 2.0 % 2.0 % 2.0 % 2.0 % 2.0 % 2.0 % 2.0 % 2.0 % .9 % .9 % .9 % 4.37 tons 3.66 tons 4.12 tons 4.58 tons 5.24 tons 4.71 tons 4.34 tons 4.70 tons 4.41 tons 4.68 tons 2.05 tons 2.35 tons 49.30 tons Residuals consisted of items such as styro foam, foam, shoes, diapers and general garbage. L“ -š’¦©z­š“ ·š u ·š“­ E©š’ Œ­· ä;© L“ -š’¦©z­š“ ·š t w;­z7ÒŒ­ ©; 7šÞ“ u ·š“­ E©š’ Œ­· ä;© TRUCK WEIGHTS: During the 2013 Calendar - none of our vehicles exceeded the maximum loaded weight of 40,000 pounds when hauling the recyclables collected from the residents available upon request. RECYCLING SERVICE FEE: The recycling service fee is $1.75 per unit per month which is based upon the contracted price. STORAGE OF EXTRA RECYCLABLE MATERIALS: During the 2013 calendar year our recycling facility had sorted all recyclable m processing to recycling markets. The only exception are the milk cartons - which are baled and stored until there is enough volume to meet the vendor's minimum shipping requirements and "rare-type" plastics which are stored until a larger enough quantity is avai Maplewood recycling year-end report 2013 page 16 SUMMARY OF YEAR-END RECYCLING REPORT The 2013 Maplewood Year-end Recycling Report provides up-to-date information from recycling activities over the past year. Each section of this report reflects the various ways data was collected, entered and calculated to contribute to meeting our combined goals. In the report we have illustrated the composition of recyclables both single family and multi-family dwellings as they relate to each break-out of each separate commodity. We also provide information on how the City's recycling efforts our environment. This year's report also reflects "participation" which is calcul which will help us to identify strengths and weaknesses of the recycling program. As we evaluate the three years of data history, we are seeing a consistent pattern of increased participation and tonnage. As well as a reduction of not-outs from previous years. All of these results point towards success through education and expansion of recycling materials. In March of 2014, the residents of Maplewood will be introduced to a curbside recycling cart. Through the data from our cart pilot program - we were able to determine increased success in volume and participation with the usage of the cart. We are excited to measure and monitor the success with the introduction of the new cart program and are confident the resul program. Together with the support of The City of Maplewood we will achieve the goals - responding to the realities of today as well as to the challenges of tomorrow. APPENDIX A - 2013 RECYCLING DATA SUMMARY APPENDIX B - MONTHLY RECYCLING REPORT MULTI-FAMILY APPENDIX C - MONTHLY RECYCLING REPORT LETTER APPENDIX D - MONTHLY MULTI-FAMILY REPORT DATA APPENDIX E - MONTHLY SINGLE FAMILY REPORT DATA APPENDIX E - MONTHLY SINGLE FAMILY REPORT DATA (CONTINUED) APPENDIX F - RECYCLING DATA SUMMARY APPENDIX G APPENDIX G - Continued APPENDIX H - Complaints/compliments APPENDIX H - Complaints/compliments continued APPENDIX H - Complaints/compliments continued Attachment 3 #¨³¸ ®¥ - ¯«¤¶®®£ 2¤¢¸¢«¨­¦ ‘“ 7®±ª 0« ­ 0±¤²¤­³¤£ ¡¸ &®± ‘“ - ¯«¤¶®®£ 2¤¢¸¢«¨­¦ 7®±ª 0« ­ A.2¤¢¸¢«¨­¦ # ±³ $¨²³±¨¡´³¨®­2¤¢¸¢«¨­¦ "¨­ #®««¤¢³¨®­ 4§¤ ‘“-‘– ±¤¢¸¢«¨­¦ ¢®­³± ¢³ ²¯¤¢¨¥¨¤² ³§ ³ ³§¤ #¨³¸ ¶¨«« ¢®­µ¤±³ ¨³² ¯±®¦± ¬ ¥±®¬ ³§¤ ¢®««¤¢³¨®­ ®¥ ±¤¢¸¢« ¡«¤² ¨­ ¡¨­² ³® ¢ ±³² 4§ ¢®­µ¤±²¨®­ ¨² ³® ¨­¢±¤ ²¤ ±¤¢¸¢«¨­¦ ²³®± ¦¤ ²¯ ¢¤  ­£ ³§¤ ¤ ²¤ ® ´²¤ ®¥ ¢ ±³²ÿ ³§´² ¨­¢±¤ ²¨­¦ ±¤¢¸¢«¨­¦ ³®­­ ¦¤  ­£ ¯ ±³¨¢¨¯ ³¨®­ ¨­ ³§¤ #¨³¸ )­ - ±¢§ ‘“ 4¤­­¨² ¶¨«« £¨²³±¨¡´³¤ ¢®­³± ¢³®±-²´¯¯«¨¤£ ±¤¢¸¢«¨­¦ ¢ ±³² ³®  «« ²¨­¦«¤ family §®¬¤²  ­£ townhomes  ­£ ¬ ­´¥ ¢³´±¤£ §®¬¤² ¶¨³§ ¢´±¡²¨£¤ ±¤¢¸¢«¨­¦ collection $¤³ ¨«² ®¥ ³§¤ ¢ ±³ £¨²³±¨¡´³¨®­±¤¢¸¢«¨­¦ ¡¨­ ¢®««¤¢³¨®­  ±¤ ®´³«¨­¤ ³§¤  ³³ ¢§¤£ ,¤³³¤± ®¥ 5­£¤±²³ ­£¨­¦ ¶§¨¢§ ¶ ² ±¤µ¨¤¶¤£ ¡¸ ³§¤ % . ³´± « 2¤²®´±¢¤² #®¬¬¨²²¨®­ ®­ * ­´ ±¸ •þ ‘“. 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MEMORANDUM TO:Environmental and Natural Resources Commission FROM:Shann Finwall, AICP, Environmental Planner SUBJECT:2014 GoalImplementation Strategies DATE: February 14, 2014for the February 20 ENRCommission Meeting INTRODUCTION In January the Environmental and Natural Resources (ENR) Commissionheld a goal setting session. The following goals were discussed: 1) Tree Policies – completeupdates to the City’s tree ordinance and policies; 2) Urban Agriculture – updateexisting ordinances to promote and eliminate barriers to urban agriculture;3) Environmental Education – work with the City’s recycling contractor to educate and promote the City’s recyclingprogram. RECOMMENDATION The ENR Commission should finalize the 2014 goals and discuss how best to implement the goals. Agenda Item 6.b. MEMORANDUM TO: Environmental and Natural Resources Commission FROM: Shann Finwall, AICP, Environmental Planner SUBJECT:Tree Ordinance DATE: February 14, 2014, for the February 20 ENR Commission Meeting INTRODUCTION In September, October, and December of last year the Environmental and Natural Resources (ENR) Commission began reviewingtheCity’s tree policies. The review is needed to ensure the City’s Living Streets policies are metandto update and combine all tree ordinances into one area of theCity Code. Once the tree ordinances are updated, the next step in the tree policy review is the creation of atree management plan, which will result in a more comprehensive tree programfor the City. DISCUSSION Environmental Ordinances During the tree ordinance updatesthe City should combineall environmental ordinances in one location. Currently these ordinances are found in various chapters of the City Code including Chapter 12 (Building and Building Regulations), Chapter 18 (Environment), and Chapter 38 (Trees). All environmental ordinances will now be placed under Chapter 18 (Environment) as follows(items stricken are moved, items underlined are added): Chapter 18 (ENVIRONMENT) Article I.In General Article II.Nuisances Article II.Erosion and Sedimentation Control Article IV.Air Pollution Control (Article V through VIII are moved to the new Article V [Environmental and Natural Resources]) Article V.Environmental Preservation and Protection of Trees and Woodlands Article VI.Floodplain Ordinance Article VII.Stormwater Management Article VIII.Renewable Energy Systems Article V.Environment and Natural Resources (Div. 1-9 are moved from other areas of the Code including Chapters 12, 18 and 38) Division 1. Generally Division 2. Wetlands and Streams Division 3. Trees Section 1. Purpose Section 2. Applicability Section 3. Definitions Section 4. Woodlot Alteration Permit Section 5. Tree Preservation Plan Section 6. Tree Preservation and safeguarding tree measures Section 7. Tree mitigation/replacement schedule Section 8. Enforcement Section 9. Effect on Density Section 10.Disease Division4. Stormwater Management Division 5. Renewable Energy Division 6. Flood Plain Overlay District Division 8. Slopes Division 9. Mississippi Critical Area Tree Ordinance The attached draft Environment Ordinance includes changes proposed by the ENRCommission during the September, October, and December meetings.There are still several areas of the ordinance the Commission expressed an interest in updating including how the City measures significant trees and reviewing the tree replacement calculationrequirements.Due to time constraints, there are several areas in the tree ordinance where staff indicates “NOTE” to identify questions posed by the Commission for further review. Environmental Protection and Critical Area A majority of the City’s environmental ordinances were located in Chapter 12 (Buildings and Building Regulations), Article VII (Environmental Protection and Critical Area). Updates to these ordinances and various codifications to the City Code have left random pieces of old ordinances mixed with existing ordinances. For example, ordinances pertaining to the Mississippi Critical Area, Slopes, and Erosion Control are still mixed with old wetland and tree ordinance language. The attached Environment Ordinance pulls the pertinent language from the old text, and places them in new sections of the Environment Ordinance(shown in blue). Because it is now broken into separate sections, the language for each section is not as clear and needs to be reviewed. 2 RECOMMENDATION Review the draft Environment Ordinance attached and continue discussing updates needed to the ordinance. Attachment: Draft Environmental Ordinance 3 Attachment ORDINANCE NO. ____ AN ORDINANCE TO THE MAPLEWOOD MUNICIPAL CODE REGARDING THE RECONFIGURATION OF THE ENVIRONMENT CHAPTER AND CHANGES TO ORDINANCES PERTAINING TO TREES The Maplewood City Council approves changes to the Maplewood Code of Ordinances regarding the reconfiguration of the Environment Chapter (Chapter 18), changes to the Building and Building Regulations (Chapter 12) and changes to ordinances pertaining to trees (Chapter 38 and Chapter 12): Section 1. The Maplewood City Council approves changes to the Maplewood Code of Ordinances which will reconfigure the outline of Chapter 18 (Environment). Reconfiguration includes moving Article V through VII to the new Article V (Environment and Natural Resources). The following outline is approved with revisions to the new divisions found in subsequent sections of this ordinance: Chapter 18 ENVIRONMENT Article I.In General Article II.Nuisances Article II.Erosion and Sedimentation Control Article IV.Air Pollution Control Article V through VIII are moved to the new Article V (Environmental and Natural Resources) Article V.Environmental Preservation and Protection of Trees and Woodlands Article VI.Floodplain Ordinance Article VII.Stormwater Management Article VIII.Renewable Energy Systems Article V.Environment and Natural Resources Proposed Location Current Location Division 1. Generally Ch. 12, Art. VII., Div. 1/4 Division 2. Wetlands and StreamsCh. 12, Art. VII Division 3. TreesCh. 18, Art. V Page 1of 25 Section 1. Purpose. Section 2. Applicability. Section 3. Definitions. Section 4. Woodlot Alteration Permit Section 5. Tree Preservation Plan Section 6. Tree Preservation and safeguarding tree measures. Section 7. Tree mitigation/replacement schedule. Section 8. Enforcement. Section 9. Effect on Density. Section 10. Tree DiseaseCh. 38, Art. 2 Division 4. Stormwater ManagementCh. 18, Art. VII Division 5.Renewable EnergyCh. 18, Art. VIII Division 6. Flood Plain Overlay DistrictCh. 18, Art. VI Division 8. SlopesCh. 12, Art. VII, Div. 3 Division 9.Mississippi Critical AreaCh. 12, Art. VII, Div. 3 Section 2. This section deletes Chapter 38 (Tree)in its entirety. New ShadeTree Disease Control Ordinance language has been added to Chapter 18 (Environment), Division 3 (Trees)as outlined in Section 8. Sec. 38-1. Planting in right-of-way prohibited. The plantingof trees in the public right-of-way is prohibited. Sec. 38-2 to 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. Page 2of 25 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)Mayenter 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. (a)The following are hereby declared public nuisances whenever they may be found within the city: (1)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); (2)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 (3)Other shade trees with epidemic diseases of shade trees. (b)It is unlawful for any person to permit any public nuisance, as defined in subsection (a) 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 theowner, 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. Page 3of 25 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. It is unlawful for any person to transport within the city any bark-bearing elm wood, which is known by the city manager tobe 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 3. This section revises Chapter 18 (Environment), Article II (Nuisances), Section 18-23 (Nuisances affecting peace and safety) as follows: Note:Thislanguageshouldbereviewedforchanges: Thefollowingaredeclaredtobenuisancesaffectingpublicpeaceandsafety: 1.….. 22.Thestorageofwoodinaresidentialdistrict,wherewoodisstoredinafrontyard,onthe streetsideofacornerlot,orwithinfivefeetofaninteriorpropertyline,unlessscreened fromviewfromtheadjacentpropertyorwrittenpermissionisreceivedfromtheadjacent propertyowner.Allwoodmustbeneatlypiledatleastsixinchesoffthegroundandnot oversixfeetinheight.Firewoodmustbecuttostovelengths.Storageofdiseasedwood isprohibited. Section 4. This section deletes portions of Chapter 12, Article VII, Division 1 in its entirety. Portions of the ordinance are moved to Chapter 18 (Environment), Article V (Environment and Natural Resources) as outlined in Sections 5 through 7below. Page 4of 25 Section 5. This section moves portions of Chapter 12, Article VII, Division 1to Chapter 18 (Environment), Article V (Environment and Natural Resources), Division 1 (Generally) as follows: Article V. Environment and Natural Resources Division 1. Generally Note: This language is moved from Chapter 12 to Chapter 18 and should be reviewed for changes: 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.Preventerosion or flooding. 5.Manage the Mississippi River Corridor Critical Area in accordance with the Critical Areas Act of 1973, Minn. Stats. § 116G.01 et seq. the Minnesota Policy Act of 1973; and the governor's critical area designation order, Executive Order 130, dated November 23, 1976. 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 orprivate developer, shall be subject to this article, except that the city council may waive 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. Section 6. This section moves portions of Chapter 12, Article VII, Divisions 1 and 3 to Chapter 18 (Environment), Article V(Environment and Natural Resources), Division Division 8 (Slopes) as follows: Article V. Environment and Natural Resources Division 8. Slopes Note: This language is moved from Chapter 12 to Chapter 18 and should be reviewed for changes: Page 5of 25 Definitions Direct drainagemeans drainage into a protected water without an intervening pond or wetland. Erosionmeans the general process by which soils are removed by flowing surface or subsurface water or wind. Gross soil lossmeans the average annual total amount of soil material carried from one acre of land by erosion. Pipelinemeans 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. Retaining wallmeans a structure utilized to hold a slope in a position in which it would not naturally remain. Sedimentmeans suspended matter carried by water, sewage or other liquids. Slopemeans the inclination of the natural surface of the land from the horizontal; commonly described as a ratio of the length to the height. Substationmeans any utility structure, other than lines, pipelines, poles or towers. Terracemeans a relatively level area bordered on one or more sides by a retaining wall. Utilitymeans electric, telephone, telegraph, cable television, water, sanitary or storm sewer, solid waste, gas or similar service operations. Vegetationmeans all plant growth, especially trees, shrubs, mosses or grasses. Waterbodymeans any lake, stream, pond, wetland or river. Slopes Generally 1.No development shall be permitted on existing slopes of 18 percent 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. Page 6of 25 b.The proposed development presents no danger of falling rock, mud, sediment from erosion, uprooted trees or other materials to structures downhill. 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). c.Where earth-sheltered homes are proposed. Page 7of 25 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 waived by 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 excessive 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 only two 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. Section 7. This section moves portions of Chapter 12, Article VII, Divisions 1 and 3 to Chapter 18 (Environment), Article V (Environment and Natural Resources), Division Division 9 (Mississippi Critical Area) as follows: Article V. Environment and Natural Resources Division 9. Mississippi Critical Area Note: This language is moved from Chapter 12 to Chapter 18 and will be revised once the State rules are updated. Definitions Blufflinemeans 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 areameans the Mississippi River Corridor Area bounded by Carver Avenue, I-494 and the city limits. Protected water,formerly referred to as "public waters," means any water defined in Minn. Stats. § 105.37, subd. 14. Page 8of 25 Significant water bodymeans a water body shown on the city drainage plan or a water body over one acre in area. Structuremeans any thing manufactured, constructed or erected which is normally attached to or positioned on land, including portable structures. Significant natural featuremeans 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 slopemeans 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). Generally. 1.Under this article all plans and the conduct of all grading, landscaping, structure placement, and street routing shall be consistent with the city's comprehensive plan, and for development in the Mississippi River Corridor Critical Area, the Maplewood Critical Area Plan. 2.The proposed development shall not lessen existing public access to and along a protected water. 3.The proposed development shall be designed, constructed and maintained to avoid causing: a.Erosion. b.Pollution, contamination or siltation of water bodies or storm sewers. c.Flooding. d.Groundwater contamination. e.Alteration of significant natural features. 4.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. 5.Views of protected waters from buildings or public streets shall not be impaired by the placement of advertising signs. Section 8. This section moves Chapter 38 (Trees) to Chapter 18 (Environment), Article V (Environment and Natural Resources), Division 3 (Trees) and revises the language as outlined below: Article V. Environment and Natural Resources Division3. Trees Page 9of 25 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, and increase 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. 218-202. Applicability. 1.This article shall apply to any individual, business, or entity that engage in a building or development project which requires issuance of a 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 public improvement projects to existing roadways, sewers, parks, other infrastructure, and utility/infrastructure work or repair. (DT – we should leave “other infrastructure”). 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.NOTE: Better define “native prairie.” e.Commercial tree nursery and landscape operations. Page 10of 25 f.Removal of dead or dying trees. NOTE: Only remove trees if they pose a safety hazard. Sec. 318-203. 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: Applicantmeans developer, builder, contractor or homeowner who applies for a building or grading permit. Calipermeans a tree trunk diameter measurement of nursery stock measured six (6) inches above ground for tree trunks up to four (4) caliper inches. 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. NOTE: Better define caliper. 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 measurement 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. (DT –this says to measure at 4.5 feet above the ground. NOTE: Is this consistent with caliper? 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. Page 11of 25 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. Major Home Additionmeans an addition on a single or double dwelling lot of 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 the 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. NOTE: Reference where we define significant natural features as being “significant.” 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 speciesat 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. Page 12of 25 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. 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. 418-204. Woodlot alteration permit. A woodlot alteration application shall be 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 shall submit a tree plan and any other information needed to determine compliance with this ordinance. Specific requirements shall be stated on an application form in the office of the environmental manager. An application fee shall be 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 issuance of a city grading or building permit. In addition, a total tree replacement for the parcel,as outlined in the tree mitigation/replacement schedule, will be required and will assume with the assumptionthat all trees that were removed weare 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 commission 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 commission’scommitteewritten decision to city council for final decision. Applicant must first approach environmental manager then environmental commission committee before city council will review. NOTE: Is 15 days too short? Sec. 518-205. 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 exemptions and exceptions as outlined in Section 18-202(2).A tree preservation plan shall reflect 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 Page 13of 25 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 shall include the following: 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 ofstanding dead or diseased significant trees shall be noted on inventory overlay. All tree inventories shall be performed by a certified forester and shall be consistent with the engineer’s grading plan contours. All significant trees included in the 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 eachstem/trunk is measured as individual trees. 2.Approval by a certified forester. 3.The tree preservation plan must be drawn at the same scale as the other site plan submittals and must coincide with required necessaryengineering documents such as topographymaps, wetland information, grading plans, and road,and building locations. 4.A list of total diameter inches of all healthy significant trees inventoried. 5.Listing of tThe total diameter inches of healthy significant trees removed. 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. 7.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. 8.Delineation of all limits of land disturbance, clearing, grading and trenching. 9.Locations of the proposed buildings, structures, or impervious surfaces. 10.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. 11.Written description of tree preservation and safeguarding measures planned for the site. Page 14of 25 1110.Size, species, number, and location of all replacement trees proposed to be planted on the property in accordance with the tree mitigation/replacement schedule. 12.Delineate the location of (existing) significant trees that are to be preserved with location and type of protective fencing. 1314.Signature of the person(s) preparing the plan. The tree preservation plan shall be reviewed by the environmental manager, with advisement from the city forester, for compliance with this ordinance. Reasons for denial shall be noted on the tree preservation plan, or otherwise stated in writing. Sec. 618-206. Tree Preservation and Safeguarding Tree Measures. 1.All developments within the city shall be 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 shall be based on but not limited to the following criteria: a.Size of trees. b.Size of lot. 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 RestorationNOTE: Better define native prairie restoration. 2.Safeguarding preserved trees: a.Tree protective areas shall be 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. NOTE: Define a “tree-save island and stands” Page 15of 25 b.Suitable tree protection fencing in active areas includes use oforange polyethylene laminar safety fencing or woven polyethylene fabric (silt fencing). Fencing must be self-supportive. All active tree protection areas shall be 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 shall begin 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 shall be 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 or removed without prior written approval. f.Tree protection fencing shall be maintained and repaired by the applicant for the duration of construction. No grade change, construction activity, storage or staging of materials shall occur within this fenced area. g.Custom grading, retaining walls or tree wells to maintain existing grade for preserved trees can be used. h.Layout of the project site utility and grading plans should accommodate the tree preservation areas. Utilities are recommended to be placed 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., shall be 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 pruning oaks is required between April 1 and July 1 cover fresh wounds with nontoxic tree wound sealant or latex paint. Page 16of 25 l.Use 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. mn.Post construction tree care to mitigate construction damage must include the following: 1)Tree root aeration, fertilization, and/or irrigation systems. 2)Therapeutic pruning. no.Mitigate soil compaction by the 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. op.Transplant existing trees to a protected area for future relocation onto permanent sites within the construction area. NOTE: Add language which allows the City to do these items if they are not accomplished.Also, what happens if these are not met? 3.If any significant tree designated as 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 not survive,the said damaged tree(s) shall be removed by the applicant at their expense and replacement tree(s) required at a rate of two (2) times the tree mitigation/replacement formula. NOTE: Trees are required to be maintained for two years, why do we have this section? Sec. 718-207. Tree Mitigation/Replacement Schedule. If less than twenty percent (20%) of significant tree diameter inches is removed, the applicant shall replace one (1) tree per significant tree removed. Tree replacement shall be a minimum of two (2.0) caliper inches in size. Page 17of 25 If twenty percent (20%) or more total diameter inches is removed, applicant shall mitigate 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 =1.533 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 shall be 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 shall mitigate tree loss of replacement trees by one or more of the following actionsby either: 1.Planting replacement trees inappropriate areas within the development in accordance with the tree replacement schedule. 2.Planting replacement 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.Paying the city a sum per diameter inch in accordance with the tree replacement schedule with written approval from city staff. The fee per diameter inch shall be set forth in the city fee schedule set annually by city council resolution. Payment shall be 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 shall be determined by city staff. This provision may only apply if all other measures in this ordinance have been exhausted. For replacement trees, the following standards shall be met: 14.The developer shall be required to maintain trees for two (2) yearsafter planting. Should any tree require replacement during this two (2) year period, the replacement period shall start at the date of replacement. Trees required to be planted pursuant to any other Page 18of 25 provision of city code are not included in this and must be replaced according to such code. 25.Species requirements: Where ten (10) or more replacement trees area required, not more than thirty (30) percent shall be of the same type of tree without the written approval of the environmental manager. Tree species native to the Maplewood area are preferred. 36.Sources of trees: Replacement trees shall consist 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 shall be healthy and free from insect or disease infestation. A wilding tree measured in caliper inches shall not 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 shall not be at a height above the surface of the ground more than one-half (1/2) the total height ofthe tree (e.g., a fourteen (14) foot tree must have a branch within seven (7) feet of the surface of the surrounding ground). 47.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 TREE HEIGHT (FEET)CALIPER INCHES 6 feet2.5 7 feet3 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. 58.Tree replacement escrow. The applicant shall post tree replacement escrow 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 inspection. It shall be the applicant’s responsibility to call for such inspection. Tree replacement escrow does not Page 19of 25 include other escrows required pursuant to any other provision of city code or city directive. NOTE: This says that we can release the escrow right away –but our code requires that the trees be maintained for two years? Sec. 818-208. 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. A sStop work order,will be lifted only after approved by environmental manager or city forester in writing. There is nothing in our ordinance that describes how we can enforce this ordinance, otherthan a stop work order? 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 shall be deemed guilty of a misdemeanor and, upon conviction, shall be subject to punishment in accordance with section 1-15. 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. Sec. 918-209. 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 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 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 significantnatural features. Section 9. This section adds a new section to Chapter 18 (Environment)regarding tree disease control as outlined below: Article V. Environment and Natural Resources Division 4. Trees Sec. 10. Tree Disease Sec. 10-1.Findings and Declaration of Purpose. The health of trees in the city is threatened by epidemic shade tree pests. The loss or ill health of trees growing on public and private property depreciates the value of property within the city and impairs the safety, good order, general welfare and convenience of the public. In addition to and Page 20of 25 in accordance with Minn. Stat. 89.001, 89.01, and 89.51-.64, the provisions of this section are adopted as an effort to control and prevent the spread of these shade tree pests. Sec. 10-2.Definitions. The following words, terms, and phrases when used in this section shall have the meanings ascribed to them in this section, except where the context of the word, terms, and phrases clearly indicates a different meaning. Certified Arborist. An arborist with up-to-date certification by the International Society of Arborists. Control. Controlincludes measures to prevent, slow the spread, suppress, eradicate or destroy. Infestation. Infestation includes actual, potential, incipient, or emergent infestation or infection by forest pests or shade tree pests. Shade tree. Shade tree means a woody perennial grown primarily for aesthetic or environmental purposes. Shade tree pest. Shade tree pest means any vertebrate or invertebrate animal, plant pathogen, or plant that is determined by the City Council to be harmful, injurious, or destructive to shade trees or community forests. Declaration of a shade tree pest. The Council may by ordinance declare any vertebrate or invertebrateanimal, plant pathogen, or plant in the community threatening to cause significant damage to a shade tree or community forest to be a shade tree pest and prescribe control measures to effectively eradicate, control, or manage the shade tree pest. Tree Inspector. The City Manager or his designee shall appoint a Tree Inspector to coordinate the activities of the city relating to the control and prevention of damage by shade tree pests. The Tree Inspector or his agent is authorized to enforce or cause to be enforced the tasks incident to the City’s tree program. The term “tree inspector” includes any person designated by the City Manager or the Tree Inspector to carry out activities authorized in this section. Sec. 10-3.Public nuisances. The following are hereby declared nuisances whenever they are found within the City: 1)Any living or standing elm tree (Ulmus spp.) or part thereof infected to any degree with the Dutch elm disease fungus Ceratocystis ulmi (Buisman) Moreau or which harbors the elm bark beetles Scolytus multistriatus (Eichh.) or Hylurgopinus rufipes (Marsh). Any dead elm tree or part thereof, including logs, branches, stumps, firewood or other material from which the bark has not been removed and chipped or burned 2)Any living, standing, or dead oak tree (Quercus spp.) or part thereof infected to any degree with the oak wilt fungus Certocystis fagacearum (Bretz) Hunt. Also, any living, standing, or Page 21of 25 dead oak tree that, due to its proximity to an oak infected with oak wilt, possesses a threat of transmission of the oak wilt fungus to other oak trees through interconnected root systems. 3)Any living, standing, or dead ash tree (Fraxinus spp.) or part thereof with infestation of Emerald Ash Borer (Agrilus planipennis). 4)Other shade trees or parts thereof infested with epidemic shade tree pests. Sec. 10-4.Inspection. 1)The Tree Inspector or authorized agent shall inspect all premises and places within the city as often as practical to determine whether any condition described in Sec. 10-xx exists thereon. Inspection shall be of living or dead trees, parts of trees, stumps, and firewood. In addition, the Tree Inspector or his agent shall investigate all reported incidents of infestation by Dutch elm fungus, elm bark beetles, oak wilt, emerald ash borer or other epidemic pests of shade trees. 2)The Tree Inspector or authorized agent may enter upon private premises at any reasonable time for the purpose of carrying out any of the duties assigned under this ordinance. 3)Diagnosis of shade tree pests may be by the presence of commonly recognized symptoms; by tests may be recommended by the commissioner of Agriculture or the commissioner of the Minnesota Department of Natural Resources; or other reliable means. The Tree Inspector or authorized agent may remove or cut specimens from the tree in such manner as to avoid permanent injury thereto. No action to remove living trees or wood shall be taken until positive diagnosis of the nuisance has been made. Sec. 10-5.Abatement of shade tree pest nuisances. 1)TheTree Inspector or authorized agent shall notify in writing the owner of record or occupant of the premise that a public nuisance exists. The notice shall specify the measures to be taken to abate the nuisance and shall specify that the nuisance must be abated within a reasonable amount of time, not less than ten days from the date of mailing. 2)The abatement measures required may include removal of an infested tree or wood to control the airborne spread of epidemic shade tree pests. If the Tree Inspector finds that Dutch elm disease or oak wilt threatens to cross property boundaries, the Tree Inspector may require root graft disruption to prevent the spread of the disease through roots. The Tree Inspector may require other control measures that are widelyaccepted to abate the nuisance as needed to prevent the spread of shade tree pests. 3)If the owner or occupant shall fail to comply with the removal or control measures specified for the infested tree or wood on his property within the time specified, the Tree Inspector or authorized agent may order the work done either by the city employees or by contractor. The cost of this work shall be billed to the owner or occupant. If the bill is not paid within 30 days, the City may specially assess the costs against the property. Sec. 10-6.High-cost abatement. If the cost of abating a nuisance will exceed $5000 based on a reasonable, good faith estimate from a Certified Arborist, the owner or occupant may request the matter be referred to the City Council for ahearing. The owner or occupant must notify the Tree Inspector within 20 days of the date on the notification letter, provide an estimate from a Certified Arborist, and provide in Page 22of 25 writing a request for exemption and the reasons for exemption. The Tree Inspector will notify the owner or occupant of the date, time, and location of the hearing, at least three days in advance of the hearing. The owner, occupant or their agent shall be given the opportunity to present evidence at the hearing. The Council maymodify the abatement notice or extend the time by which abatement must be completed. Sec. 10-7.Transporting Diseased or Infested Wood. It is unlawful for any person to transport within the City any elm wood, oak wood, or ash wood known to be diseasedor infested, without having obtained a written permit from the City. Sec. 10-8.Emergency Abatement. Nothing in this section shall prevent the city, without notice or other process, from immediately abating any condition that poses an imminent and serious hazard to human life or safety. Sec. 10-9.No interference with Tree Inspector. It is unlawful for any person to prevent, delay or interfere with the Tree Inspector or his agents while they are engaged in the performance of duties imposed by this chapter. Section 10. This section revises Chapter 12 (Buildings and Building Regulations), Article VI (Contractors and Subcontractors) to update licensing requirements for tree service companies. Sec.12-207.Generaltypesofwork. Beforeanypersonshallengageinthebusinessofdoingorperforminginthecityanyofthe followingvarioustypesofworkheshallfirstobtainalicenseorregistertodosoasprovidedin thisarticle: 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. Page 23of 25 1514.Elevators. Sec.12-208.Applicationforandissuanceoflicense;licensefees;registrationrequired. 1.Applicationforanylicenserequiredbysection 12-207shallbefiledwiththecityclerkon theappropriateformfurnishedbythecity.Anylicenserequiredbysection 12-207shallbe issuedbythecityclerk. 2.Thelicensefeeforanylicenserequiredbysection 12-207shallbeimposed,set,established andfixedbythecitycouncil,byresolution,fromtimetotime. 3.Plumbers,buildingmoversorothercrafts,whicharelicensedbythestateandwhichthecity isprohibitedfromlicensing,whoundertaketoperformworkandobtainpermitswithinthe cityshallfirstregisterwiththecityclerkandshallprovideproofofpublicliabilityinsurance asrequiredbythisarticle.Suchstate-licensedcontractorsshallalsoprovideanyadditional insuranceorindemnitybondrequiredbythecitycouncilbyresolutiontoprotectpropertyof thecitywhensuchworkisbeingdoneinoruponanycitystreetorotherpublicright-of-way oruponanyofthecity-ownedutilitieslocatedinsuchstreetorright-of-way. Sec.12-209.Durationoflicenses;consequencesofnonrenewal. 1.Alllicensesissuedundersection 12-208shallexpireonDecember31followingthedateof issuance,unlesssoonerrevokedorforfeited. 2.Ifalicensegrantedundersection 12-208isnotrenewedpriortoitsexpiration,allrights grantedbysuchlicenseshallcease,andanyworkperformedaftertheexpirationofthe licenseshallbeinviolationofthisCode. Sec.12-210.Liabilityinsurance. 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.Suchlicenseshallincludeanyorall Page 24of 25 ofthepersonsperformingtheworkwhichisclassifiedandlistedinsection12-207, providingthateachpersonperformingsuchworkisintheregularemployofsuchgeneral contractorandqualifiedunderstatelawandthisCodetoperformsuchwork.Inthesecases, 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. Ahomeownerinthecityshallhaveanexemption,utilizednomoreoftenthanonceeveryfive years,fromneedingthelicensefordoingorperforminganyofthevarioustypesofworkonhis ownhomeforwhichalicenseisrequiredinsection12-207. Sec.12-215.Speciallicensesforcertainwork. Thecouncilmay,byresolution,provideforanyspeciallicensesandsetthefeesforanyworkor servicespertainingtoconstruction,reconstruction,revocationorrepairofbuildingsor appurtenancesthereto,whenthecouncildeemsinitsdiscretionthatthelicensesprovidedforin section12-207donotproperlypertaintotheworkorservicetobecoveredbysuchlicenses. Sec.12-216.Sewerinstallerlicenses. .... Sec.12-217.Signinstallerlicenses. .... 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 cutting or severance. 2.Compliance with recognized industry standards. All licensees performing work under this chaptermust 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 individualwho possesses current certification as an arborist from the International Society of Arboriculture (ISA). Page 25of 25