HomeMy WebLinkAbout2014-05-19 ENR Packet
AGENDA
CITY OF MAPLEWOOD
ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION
May 19, 2014
7 p.m.
Council Chambers - Maplewood City Hall
1830 County Road B East
1. Roll Call
2.Approval of Agenda
3. Approval ofMinutes:April 21, 2014
4.New Business
a.NPDES Phase II and MS4 Permit, 2013 Annual Report
5.Unfinished Business
a.Tree Ordinance
6.Visitor Presentations
7.Commission Presentations
8.Staff Presentations
a.Spring Clean Up Summary
b.Waterfest (May 31)
c. Tennis Sanitation Recycling Facility Tour (Wednesday, June 25at 10 a.m.)
d. Maplewood Nature Center Programs
9.Adjourn
Agenda Item 3
MINUTES
CITY OF MAPLEWOOD
ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION
7:00 p.m., Monday,April 21, 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 toorder at 7:00
p.m.by Chair Palzer.
2. ROLL CALL
Randee Edmundson, Commissioner Present
Absent
Deborah Fideldy, Commissioner
Judith Johannessen, Commissioner Present
Ann Palzer, Chair Present
Absent
Cindy Schafer, Commissioner
Dale Trippler,Vice Chair Present
Ginny Yingling, Commissioner Present
Staff Present
Shann Finwall, Environmental Planner
Melinda Coleman, Assistant City Manager/Environmental and Economic Development Director
3. APPROVAL OF AGENDA
Staff had two staff presentation additions to add to the agenda including Urban Agriculture and
Spring Clean Up Summary.
Commissioner Tripplermoved to approve the agenda as amended.
Seconded by CommissionerEdmundson. Ayes – All
The motion passed.
4. APPROVAL OF MINUTES
One correctionon page 2, item 5. a. (2013 Annual Report): in the last sentence it should read “In
2013 the RRT facility diverted 20,000 tons of metals from400,000 tons of trash collected.”
CommissionerTripplermoved to approve the March 17, 2014, Environmental and Natural
Resources Commission Meeting minutes as amended.
Seconded by CommissionerJohannessen. Ayes – All
The motion passed.
5.NEW BUSINESS
a.Conducting Open – Public Meetings
i.Assistant City Manager, Environmental and Economic Development Director Coleman
addressed the commissionand gave a presentation on the commission’s
responsibilities under the state’s public meeting law.
b.Overview of Gladstone Phase II Improvements
i.Environmental Planner, Shann Finwall introduced the item.
ii.Todd Halunen, Landscape Architect, Kimley-Hornaddressed the commissionand
gave the presentation on the Phase II improvements proposed for Gladstone.
6.UNFINISHED BUSINESS
a.Tree Ordinance
i.Environmental Planner, ShannFinwall gave an update on the treeordinance
amendments.
The Commission discussed the following:
Definitions – language changes
How to measure trees - caliper versus diameter.
Specimen trees –use a greater constant for replacement of these trees
Staff will make the changes requestedand bring back suggestions for calculating
replacement of specimen trees.
7.VISITOR PRESENTATIONS
None present.
8.COMMISSION PRESENTATIONS
None.
9.STAFF PRESENTATIONS
a.
Enhancing Ambient Groundwater Quality Monitoring in Minnesota
i.Environmental Planner Finwall gave an update on the ambient groundwater quality
monitoring program in Minnesota at Geranium Park in Maplewood.
Commissioner Trippler recommended the city get the wellrecords of the monitoring well
at Geranium Park in case there are any problems with the site.
b.
Waterfest (May 31)
i.Environmental Planner Finwall discussed the Waterfest event which is scheduled for
Saturday, May 31, 2014, from 11:00 – 4:00 p.m. The Environmental Commission will
have a booth at the event. This year we will focus on urban agriculture, in particular
the effects pesticides are having on pollinators.
c.
Maplewood Nature Center Programs
i.Environmental Planner Finwall presented the upcoming Nature Center Programs. For
more information contact the Nature Center at (651) 249-2170.
d.
Urban Agriculture – The Nature Center is hosting a community garden open forum on
Monday, May 12, 2014. This would be a good opportunity for members of the Urban
Agriculture subcommittee to meet with residents interested in community gardening.
e.
Spring Clean Up Summary – staff gave an update on the Spring Clean Up event April 19,
2014, at Aldrich Arena.
10.ADJOURNMENT
Chair Palzer adjourned the meeting at 8:55p.m.
Agenda Item 4.a
MEMORANDUM
TO:
Environmental and Natural Resources Commission
FROM:
Steven Love, Assistant City Engineer
DATE:
April, 232014for the May 19 ENR Commission Meeting
SUBJECT:
NPDES Phase II and MS4 Permit, 2013 Annual Report
Introduction
As part of Maplewood’s National Pollutant Discharge Elimination System (NPDES) permit, the
Cityof Maplewoodis required to prepare an annual report detailing the progress made in the
previous year toward satisfying the requirements of the permit. Part of this process is soliciting
public comment. A minimum 30-day comment period and formal public hearing is required as
part of updating the permit. The Environmental and Natural Resources (ENR) Commission will
hold a public hearing for the City’s permit at their May 19, 2013 regular meeting.
Background
A 1987 amendment to the federal Clean Water Act required implementation of a two-phase
comprehensive national program to address pollution from stormwater runoff. This program
was named the National Pollutant Discharge Elimination System (NPDES). Since 1991,
NPDES Phase I regulated cities with populations of 100,000 or more. NPDES Phase II took
effect in 2003, regulating cities with populations of 10,000 or more. Maplewood is among a
group of approximately 220 entitiesin Minnesota listed as a small Mandatory MS4 under the
NPDES Phase IIpermit.
The State of Minnesota regulates the disposal of stormwater by a State Disposal System (SDS)
permit. The Minnesota Pollution Control Agency (MPCA) administers both NPDES and SDS
permits in Minnesota. In turn, the MPCA regulates cities and other public entities through its
Municipal Separate Storm Sewer System (MS4) permit. In 2006, the city submitted its permit
application to the MPCA. The permit cycle runs five years. The MPCA has issued the City of
Maplewood coverage under the new permit effective March 17, 2014.
The permit application requires the city to develop a Storm Water Pollution Prevention Plan
(SWPPP). The MPCA has established six minimum control measures (MCM) the SWPPP must
address. They are:
MCM 1 - Public Education and Outreach
MCM 2 - Public Participation and Involvement
MCM 3 - Illicit Discharge, Detection and Elimination
MCM 4 - Construction Site Storm Water Runoff Control
MCM 5 - Post-Construction Storm Water Management
MCM 6 - Pollution Prevention and Good Housekeeping
Maplewood’s SWPPP defines the Best Management Practices (BMPs) the city intends to use to
minimize pollution from stormwater runoff for each of the six minimum control measures.
Discussion
The City’s SWPPP has been available for public viewing at the Public Works Department front
counter and is also posted on the City’s website. The report on the city’s stormwater webpage
at www.ci.maplewood.mn.us/stormwater.An advertisement for the public hearing and the plan
viewing was posted on April 16, April 23, and April 20, 2014in anticipation of the 30-day public
comment period.
The MPCA has issued the City of Maplewood coverage under the new permit effective
March 17, 2014. Staff is currently reviewing the new permit and revising our MS4 program to
meet the requirements of the new permit.
Staff has prepared a draft of the City’s annual reportand will make a presentation on the
SWPPPand progress made toward the permit goals in 2013during the meeting.Following the
presentation, the ENR Commission should open the meeting floor to public comment.
When all comments have been received, staff will address those comments, incorporate the
comments into the report, and finalize the report for submittal to the MPCA. No comments had
been submitted to the Public Works Department at the time this report waswritten.
Recommendation
Staff recommends that the ENR Commission provide comments and open the meeting floor to
public comment on the City’s 2013Annual SWPPP report. No further action is needed. City
staff will compile and address public comments andincorporate them in the final SWPPP report
submittal to MPCA.
Attachments
1.Full Maplewood SWPPP can be viewed at www.ci.maplewood.mn.us/stormwater
Agenda Item 5.a
MEMORANDUM
TO:
Environmental and Natural Resources Commission
FROM:
Shann Finwall, AICP, Environmental Planner
SUBJECT:Tree Ordinance
DATE:
May 14 for the May 19, 2014, ENR Commission Meeting
INTRODUCTION
The City’s tree ordinance was adopted by the City Council in 2006. The Environmental and
Natural Resources (ENR) Commission has been reviewing the City’s tree ordinance to ensure
the City’s Living Streets policies are met and make other updates to the ordinance.
DISCUSSION
In April the ENR Commission proposed several changes to the ordinance. Those changes have
been made on the attached draft ordinance. Attachment 1 is a clean version of the ordinance
and Attachment 2 is a comparison of the April and May versions.
One item the Commission wanted to continue discussing was tree replacement requirements for
significant versus specimen trees.Specimen trees are defined as any healthy tree that is 28
inches in diameter or greater. These large trees are valuable habitat for wildlife and are
important for soil development and water storagein the environment. To further protect these
large trees, the Commission should consider a larger replacement constant for specimen trees.
The current tree replacement calculation replaces all significant trees, including specimen trees,
based on a calculation of the significant trees on the property versus significant trees removed,
minus 20 percent, andmultiplied by the constant of 1.5 and the number of trees removed. The
calculation is as follows:
Existing Ordinance
Tree Removal Calculation: If less than twenty percent (20%) of the total significant tree
diameter inches on the property 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.
If twenty percent (20%) or more total significant tree diameter inches is removed,
applicant shall mitigate all significant diameter inches using the tree
mitigation/replacement schedule in accordance with the following formulas:
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 -.2) x 1.5] x A = D
Example
A = 379
B = 943
C =1.5
D =114.8 caliper inches
[(379 / 943 – .2) x 1.5] x 379 = 114.7 caliper inches
One suggestion for protecting large trees is to separate the significant and specimen trees and
calculating them separately. In the following example, two specimen trees that measure 28
inches in diameter each (total of 56 inches in diameter) have been removed from the original
total diameter inches of significant trees lost. What remains are significant trees removed (323
inches in diameter) and specimen trees removed (56 inches in diameter). The specimen trees
are calculated at 1.5 percent of their original amount (56 x 1.5 = 84 inches in diameter). In the
example below, this brings the overall tree replacement to 141.3 caliper inches, rather than
114.7 caliper inches as specified above.
Proposed Ordinance Language
A = Total diameter inches of significant trees lost as a result of the land alteration (not
including specimen trees thatare 28 inches in diameter or greater).
B = Total diameter inches of specimen trees lost as a result of the land alteration (trees
that are 28 inches in diameter or greater).
C = Total diameter inches of significant trees situated on the property.
D = Tree replacement constant (1.5).
E = Replacement trees (number of caliper inches).
[(A + (Bx1.5)) / C] - .2 x [1.5 x (A + (Bx1.5)] = E
Example
A =323
B =56
C =943
D =1.5
E =141.3 caliper inches
[(323 + (56x1.5))/943] - .2 x [1.5 x (323 + (56x1.5)] = 141.3 caliper inches
This example for calculating specimen trees and others will be discussed during the May 19
meeting.
RECOMMENDATION
Review the draft Tree Ordinance attached and offer comment and feedback. Once the
Environmental and Natural Resources Commission has approved of the ordinance, staff
proposes that the ordinance amendments be presented to the City Council during a workshop
forum. The City should then publish ordinance details prior to a public hearing by the City
Council.
Attachments:
1.Tree Ordinance (May 2014 Clean Copy)
2.Tree Ordinance (Comparison of April and MayVersions)
Attachment 1
Tree Ordinance
Draft 5-19-14
This section moves Chapter 38 (Trees) to Chapter 18 (Environment), Article V
(Environment and Natural Resources), Division 3 (Trees)and revises and adds new
language as outlined below:
Article V. Environment and Natural Resources
Division 3. Trees
Sec. 1. Findings and Purpose. The city desires to protect the trees and woodlands in the City of
Maplewood. Trees and woodlands provide numerous environmental, economic, and scenic
benefits. They help filter air pollutants, absorb stormwater runoff, provide wildlife habitat, and
moderate temperatures. They reduce cooling costs and increase property values. And they
provide scenic beauty, sound and visual buffers, and screening for privacy. It is therefore the
city’s intent to protect, preserve, and enhance the trees and woodlands 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 ordinance is to establish a tree preservation and protection regulations to assure the
continuance of significant trees and woodlands for present and future generations which:
1.Preserve the natural character of neighborhoods (in developed and undeveloped areas).
2. Ensure the health and wellbeing of Maplewood’s urban forest.
3 Protect the health and safety of residents.
4.Protect water quality and minimize storm water runoff.
5. Prevent erosion or flooding.
6. Assure orderly development within wooded areas to minimize tree loss and
environmental degradation.
7.Establish a minimum standard for tree preservation and mitigation of environmental
impacts resulting from tree removal.
Sec. 2. Definitions. The following words, terms and phrases shall have the meanings ascribed to
them in this ordinance.
Applicant means developer, builder, contractor or homeowner who applies for a land use,
grading, or building permit.
Caliper inchis a measurement used for nursery stockand refers to replacement trees. It is the
diameter of the tree trunk measured six (6) inches above the soil surface for tree trunks four (4)
Attachment 1
diameter inches or less and measured twelve (12) inches above the soil surface for tree trunks
greater than four (4) diameter inches.
Certified Arborist is an arborist with up-to-date certification by the International Society of
Arborists.
City Forester means a forester who is employed by the city or appropriate agent or independent
contractor designated by the city.
Conifer Tree means a woody plant that is a member of the division Phinophyta and at maturity is
at least twelve (12) feet or more in height. Conifers are cone bearing and most in our climate
keep their leaves (also called needles) year-round. Tamarack (also called larch) is the one
conifer in our climate that drops its needles in the fall.
Control includes measures to prevent, slow the spread, suppress, eradicate or destroy a shade tree
disease or pests.
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 Tree means 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 is a measurement used for trees in the landscape. It is the diameter of a tree trunk as
measured at a height of four and one half (4.5) feet above ground. To determine diameter,
measure the circumference of the tree trunk at four and one half (4.5) feet above ground and
divide by 3.14.
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 Planner means an employee of the city who manages city-wide environmental
programs, or appropriate agent designated by the city manager.
Hardwood Deciduous Tree meansall tree species except those listed as softwood deciduous trees
below.
Infestationincludes actual, potential, incipient, or emergent infestation or infection by forest
pests or shade tree pests.
Invasive Speciesare species that are not native to Minnesota and cause economic or
environmental harm or harm to human health.
Attachment 1
Major Home Addition means 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.
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.
Native Prairiemeans a landscape or planting that consists predominantly of grasses, flowers, and
sedges that are native to Minnesota prairie ecosystems.
Retaining Wall means a structure utilized to hold a slope in a position in which it would not
naturally remain.
Shade Tree means a woody perennial grown primarily for aesthetic or environmental purposes.
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.
Specimen Tree is a healthy tree of any species that is twenty-eight (28) inches in diameter or
greater, except invasive species.These trees are also considered Significant Trees.
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 conifer trees, twelve (12) inches in
diameter for softwood deciduous trees, and specimen tree of any species twenty-eight (28) inches
in diameter or greater as defined herein. Buckthorn or other noxious woody plants or trees as
determined by the environmental planner are not considered a significant tree species at any
diameter.
Slope means the inclination of the natural surface of the land from the horizontal; commonly
described as a ratio of the length to the height.
Softwood Deciduous Tree means the following tree species: box elder, cottonwood, elm,
poplar/aspen, silver maple, and willow.
Structure means anything manufactured, constructed, or erected which is normally attached to or
positioned on land, including portable structures.
Tree Preservation Planis a plan that shows all trees in the area to be developed or within the
property. 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.
The plan must be developed by a forestry or horticultural professional whose qualifications are
approved by the environmental planner.
Attachment 1
Utility means electric, telephone, telegraph, cable television, water, sanitary or storm sewer, solid
waste, gasor similar service operations.
Wetland as 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. 3. Woodlot alteration permit. A woodlot alteration application shall be submitted to the
environmental planner for review prior to removal of any significant living trees on a woodlot
that is not reviewed by another land use, grading, or building permit. 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
planner. An application fee shall be established yearly by the city council by resolution. Failure
to submit a woodlot alteration application and subsequent approval prior to removal of
significant trees will result in the total tree replacement for the property as outlined in the tree
mitigation/replacement schedule to assume that all trees removed were significant trees.
The environmental planner may approve a woodlot alteration permit that complies with this
ordinance. If the woodlot alteration permit is denied, the applicant may appeal the
environmental planner’s decision. The appeal must be received by the cityin writing within
fifteen (15) days of the environmental planner’s written decision. The environmental
commission will review the appeal at its nextavailable commission meeting. If the
environmental commission denies the appeal, the applicant may appeal the environmental
commission’s decision. The appeal must be received by the city in writing within fifteen (15)
days of the environmental commission’s decision. The city council will review the appeal at its
next available city council meeting for final decision.
Sec. 4. Tree preservation plan. A tree preservation plan is required for any project which
requires a woodlot alteration permit, land use, grading, or building permit; excluding the
exemptions and exceptions as outlined in item 1 (Tree preservation plan applicability).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.
1. Tree preservation plan applicability.
a. This ordinance shall apply to any individual, business, or entity that requests in a
land use, grading, or 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.
Attachment 1
b. The following are exceptions and are exempt from the requirements of the tree
preservation plan of this ordinance:
1)Minor home additions, general home improvements, and construction of
accessory buildings (i.e. garage, shed).
2)Tree removal related to public improvement projects to existing roadways,
sewers, parks, and utility/infrastructure work or repair.
3)Emergency removal of a tree(s) to protect public health.
4)Restoration of land to native prairie. Prairie restoration must be approved
by the environmental planner.
5)Commercial tree nursery and landscape operations.
6)Removal of dead or dying trees, unless planted as part of tree replacement.
7)Removal of nonnative trees that the city deemsinvasive species.
c. Tree preservation plans shall include the following:
1)A tree inventory overlay on the site plans that shows size, species, general
health, and location of all significant trees located within the property
where significant tree removal is proposed. The tree inventory plan:
a)Must be drawn at the same scale as the other site plan submittals
and must coincide with required engineering documents such as
topography maps, wetland information, grading plans, and road
and building locations;
b)Should include trees growing in clump form. These trees will be
considered individual trees and each stem/trunk is measured as
individual trees.
c)Include the location of groups of standing dead or diseased
significant trees.
d)Include the 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.
e)Include significant trees identified in both graphic and tabular
form.
f)Include locations of the proposed buildings, structures, or
impervious surfaces.
g)Include delineation of all limits of land disturbance, clearing,
grading, and trenching.
2) A list of total diameter inches of all healthy significant trees inventoried.
3) The total diameter inches of healthy significant trees removed.
4) Location of trees protected and the proposed measures for protection
including delineation of tree protection fencing, tree protection signs,
Attachment 1
location for material storage, parking, debris storage, and wash out area
for redi-mix trucks.
5) Post construction tree care mitigation for trees protected should be
identified on the plan as follows:
a)Tree root aeration, fertilization, and/or irrigation systems.
b)Therapeutic pruning.
c)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.
d)Core aeration.
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) Size, species, number, and location of all replacement trees and woody
shrubs proposed to be planted on the property, planted on city property, or
amounts to be paid into the city’s tree fund in accordance with the tree
mitigation/replacement schedule.
8) All tree preservation plans shall be performed by a forestry or horticultural
professional whose qualifications are approved by the environmental
planner.
9) The tree preservation plan shall be reviewed by the environmental planner,
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.
2.Tree Preservation and Safeguarding Tree Measures.
a. All developments within the city shall be designed to preserve significant trees
and woodlots, where such preservation would not adversely 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 trees subject to the limitations as
defined in this ordinance. This decision shall be based on but not limited to the
following criteria:
Attachment 1
1)Size of trees.
2)Size of lot.
3)Species, health, and attractiveness of the trees, including:
a)Sensitivity to disease.
b)Life span.
c)Nuisance characteristics.
d)Sensitivity to site grading.
e)Potential for transplanting.
f)Need for thinning a woodlot.
g)Effects on the functioning of a development.
h)Fragmentation of wooded area and effects on wildlife corridors.
i)The public health, safety and welfare.
j)Effect on wetlands and/or watershed.
k)Native prairieor oak savanna habitat.
b.Safeguarding preserved trees:
1) Tree protective areas shall be located at a minimum of the CRZ of trees or
drip line, whichever is greater,whenever possible. Saving groups or stands
of trees is encouraged over protecting individual trees scattered throughout
the site.
2) Suitable tree protection fencing in active areas includes use of orange
polyethylene laminar safety fencing or woven polyethylene fabric (silt
fencing). Fencing must be self-supportive. All active tree protection areas
shall be designated as such with “Tree Save Area” signs posted in addition
to the required fencing.
3) Use of passive forms of tree protection requires approval from
environmental planner 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”.
4) Signs requesting subcontractor cooperation and compliance with tree
protection standards are required at site entrances.
5) No construction work shall begin until tree protection fencing has been
installed, inspected, and approved by the environmental planner. Once
environmental planner approves tree protection fencing or devices it must
not be altered or removed without environmental planner approval.
6) 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.
Attachment 1
7) Custom grading, retaining walls,or tree wells to maintain existing grade
for preserved trees can be used.
8) 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.
9) Minimize tree wounding by felling or removing trees away from trees
remaining on site.
10) 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.
11) Identify and prevent oak wilt infection. Treat all known oak wilt infected
areas with current accepted guidelines including root cutting and removal
of infected trees. If pruning oaks is required between April 1 and July 1
cover fresh wounds with nontoxic tree wound sealant or latex paint.
12) Failure to safeguard trees as outlined above will result in the city issuing a
stop work order for the development or issuing citations per city code.
c. 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 city forester or environmental planner 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.
3.Tree Removal, Mitigation, and Replacement.
a. Tree Removal Calculation: If less than twenty percent (20%) of the total
significant tree diameter inches on the property 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.
If twenty percent (20%) or more total significant tree diameter inches is removed,
applicant shall mitigate all significant diameter inches using the tree
mitigation/replacement schedule in accordance with the following formulas:
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)
Attachment 1
D = Replacement trees (number of caliper inches)
[(A/B -.2) x 1.5] x A = D
Example
A = 379
B = 943
C =1.5
D =114.8 caliper inches
[(379 / 943 – .2) x 1.5] x 379 = 114.7 caliper inches
The trees required to be replaced pursuant to this ordinance shall be in addition to
any other trees required to be planted pursuant to any other provision of city code.
b.Tree Mitigation: Once the total caliper inches for replacement trees are
determined, the applicant shall mitigate loss of significant trees by planting
replacement trees in appropriate areas on the property in accordance with the tree
replacement scheduleand tree preservation plan.After putting as many trees as
feasible on the site, if the replacement requirement is still not met, the
environmental planner can approve the following replacement steps prior to
issuance of a grading or building permit:
1) Mulched beds of native or drought tolerant shrubs will qualify towards
tree replacement at a rate of .5 caliper inches per #2 or #3 shrub.
2) Planting replacement trees on city property under the direction of the
environmental planner.
3) Paying the city a sum per diameter inch in accordance with the tree
replacement schedulesset forth in the city fee schedule. Payment shall be
deposited into an account designated specifically for tree planting on
public property within the city.
c. Tree Replacement: For replacement trees, the following standards shall be met:
1) The applicant shall be required to maintain trees for one (1) year after
planting. Should any tree require replacement during this one (1) year
period, the replacement period shall start at the date the replacement tree
was planted. Trees required to be planted pursuant to any other provision
of the city ordinances are not included in this and must be replaced
according to such ordinance.
2) Species requirements: Where ten (10) or more replacement trees are
required, not more than thirty (30) percent shall be of the same type of tree
Attachment 1
without the written approval of the environmental planner. Tree species
native to the Maplewood area are preferred.
3) 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 planner. 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 of the tree
(e.g., a fourteen (14) foot tree must have a branch within seven (7) feet of
the surface of the surrounding ground).
4)Tree replacement size must be no less than two (2) caliper inches
deciduous or six (6) foot height conifer tree unless pre-approved by the
environmental planner. Use the following table to convert conifer trees to
caliper inches:
CONIFER 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
ordinances must comply with tree size specification of such ordinance.
d.Tree replacement escrow. The applicant shall post tree replacement escrow with
the city, such as a tree replacement cash deposit or letter of credit. Tree
replacement escrow will be equal to the amount paid per diameter inch for
replacement trees as specifiedin the tree mitigation section. Funds will be held
by the city until successful completion of final planting inspectionand assurance
that the trees are covered by at least a one-year warranty for replacement. It shall
be the applicant’s responsibility to call for such inspection. Tree replacement
Attachment 1
escrow does not include other escrows required pursuant to any other provision of
city ordinances or city directive.
Sec. 5. Enforcement. The city reserves the right to inspect the site or property atany time for
compliance with this ordinance. Should the city find the site in violation of the approved tree
preservation plan, the city may issue a stop work order until conditions are corrected. A stop
work order will be lifted only after approved by environmental planner in writing.
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 applicant has corrected the
violation. Each day that a separate violation exists shall constitute a separate offense.
Sec. 6. Tree Disease
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 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.
2.Declaration of a Shade Tree Pest.
The city council may by ordinance declare any vertebrate or invertebrate animal, 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.
3. Public Nuisances.
The following are hereby declared nuisances whenever they are found within the city:
a. 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).
b. Any dead elm tree or part thereof, including logs, branches, stumps, firewood, or
other material from which the bark has not been removed. Proper disposal of
removed bark includes chipping or burning.
Attachment 1
c. 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 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.
e. Any living, standing, or dead ash tree (Fraxinus spp.) or part thereof with
infestation of emerald ash borer (Agrilus planipennis).
d.Other shade trees or parts thereof infested with epidemic shade tree pests.
4. Inspection.
a.The city forestershall inspect all premises and places within the city as often as
practical to determine whether any condition described in Sec. 9-3 exists thereon.
Inspection shall be of living or dead trees, parts of trees, stumps, and firewood. In
addition, the city forestershall 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.
b. The city forestermay enter upon private premises at any reasonable time for the
purpose of carrying out any of the duties assigned under this ordinance.
c. 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 city forester 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.
5.Abatement of Shade Tree Pest Nuisances.
a. The city forester 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 (10) days from the date of
mailing.
b. 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 city
forester finds that Dutch elm disease or oak wilt threatens to cross property
boundaries, the city forester may require root graft disruption to prevent the
spread of the disease through roots. The city forester may require other control
measures that are widely accepted to abate the nuisance as needed to prevent the
spread of shade tree pests.
Attachment 1
c. If the owner or occupant shall fail to comply with the removal or control measures
specified for the infested tree or wood on his/her property within the time
specified, the city forester may order the work done either by 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 thirty (30) days, the city may specially assess the costs
against the property.
6.High-Cost Abatement.
If the cost of abating a nuisance will exceed $5000 in a given year or in two consecutive
years, 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 a hearing. The owner
or occupant must notify the city foresterwithin twenty (20) days of the date on the
notification letter, provide an estimate from a Certified Arborist, and provide in writing a
request for exemption and the reasons for exemption. The city foresterwill notify the
owner or occupant of the date, time, and location of the hearing, at least three(3) days in
advance of the hearing. The owner, occupant or their agent shall be given the
opportunity to present evidence at the hearing. The city council may modify the
abatement notice or extend the time by which abatement must be completed.
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 diseased or infested,
without having obtained a written permit from the city.
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.
9.No Interference with city forester. It is unlawful for any person to prevent, delay, or
interfere with the city foresterwhile they are engaged in the performance of duties
imposed by this ordinance.
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. Generaltypes of work.
Beforeanypersonshall engage in the business of doing or performing the following types of
workin the cityhe or she shallfirst obtain a license or registerto do soas provided inthis
ordinance:
1.Cement work, cement blockwork, cement blocklaying or brickwork.
2.General construction, including erection,alteration or repairof buildings.
3.The moving or wrecking of buildings.
Attachment 1
4.Plastering, outside stucco work or lathing.
5. Plumbing, including installation of outside sewage disposal plants.
6.Heating.
7.Gasinstallation, including heating, appliances,devices or machinery,etc.
8.Welldrilling.
9. Roofing.
10.Signand billboard erecting.
11.Excavatorsforbasements, foundations, gradingoflots,etc.
12. Cesspool and private sewer disposal installers.
13. Sodding and landscaping.
14.Treeservice (pruning, removal, treatment, or care).
15.Elevators.
Sec. 12-208. Applicationforand issuance of license;licensefees;registration required.
1.Applicationforanylicenserequiredbysection 12-207 shall be filedwith the cityclerk on
the appropriate form furnished by the city.Anylicenserequiredbysection 12-207shall be
issuedby the cityclerk.
2.Thelicensefeeforanylicenserequiredbysection 12-207shall be imposed, set,established
andfixedby the citycouncil,by resolution, fromtimetotime.
3. Plumbers, building movers or other crafts,whicharelicensedbythestateandwhich the city
is prohibited fromlicensing,whoundertaketoperformworkand obtain permitswithin the
cityshallfirstregisterwith the cityclerkandshall provide proof of public liability insurance
asrequiredbythis ordinance. Suchstate-licensed contractors shallalso provide any
additional insurance or indemnity bond requiredby the citycouncilby resolution toprotect
property of the citywhensuchworkisbeing done in or upon anycitystreet or other public
right-of-wayor upon any of the city-owned utilitieslocatedinsuchstreet or right-of-way.
Sec. 12-209. Duration of licenses;consequencesof nonrenewal.
1.Alllicensesissued undersection 12-208shallexpire on December 31 following the date of
issuance, unless sooner revoked or forfeited.
2.If a licensegranted undersection 12-208is not renewed prior toits expiration, allrights
grantedbysuchlicenseshallcease,andanyworkperformedafter the expiration of the
licenseshall be inviolation of this Code.
Sec. 12-210. Liabilityinsurance.
Any person applying foranylicenseenumeratedinsection 12-207shallfile with the cityclerk a
certificatetotheeffectthat public liabilityandpropertydamage insurance isinforceandshall
remainand be inforceandeffectduring the entireterm of suchlicenseandshallcontain a
provision thatsuch insurance shall not be cancelled without tendays'written notice tothecity.
Public liabilityinsuranceshall not be lessthan $25,000.00 forinjuries, including accidentaldeath
toany one person, and, subjectto the samelimitforeach person, inan amount of not lessthan
Attachment 1
$50,000.00 on account of any one accidentand property damage insurance in the amount of not
lessthan $5,000.00 on account of damagetoany one partyand not lessthan $25,000.00 on
account of any one accident.Astogasinstallers,such public liabilityinsuranceshall be for not
lessthan $25,000.00 forinjuries, including accidentaldeath,toany one person, and, subjectto
the samelimitforeach person, inan amount of not lessthan $50,000.00 onaccount of any one
accidentandpropertydamagein the amount of not lessthan $25,000.00. Nolicenseshall be
issued until suchcertificate of insurance shall have beenfiledand approved by the cityclerk.
Sec. 12-211. Renewal of licenseafterexpirationdate.
Anyperson renewing his license undersection 12-208after the expirationdateshall be charged
the full annual licensefee.Noproratedlicensefeeshall be allowedforrenewals.
Sec. 12-212. Workcovered under licenseissuedtogeneralcontractors;requirements of
subcontractors.
1. A licensegranted undersection 12-207to a general contractor shall include the rightto
performall of the work included in his generalcontract.Suchlicenseshall include anyorall
of the persons performing the workwhichisclassifiedandlistedinsection 12-207,
providing thateachpersonperforming such workisin the regularemployofsuchgeneral
contractorandqualified under statelawandthis Code toperformsuch work. Inthesecases,
the general contractor shall be responsible forall of the worksoperformed.
2. Subcontractors on anyworkclassifiedandlistedinsection 12-207shall be requiredto
comply with the sections of this Code pertaining tolicense, bond, qualifications, etc.,for
theirparticulartype of work.
Sec. 12-213. Qualificationsforlicenses.
Exceptas otherwise provided bylaw,eachapplicantfor a license undersection 12-208shall
satisfythecity council that he iscompetentbyreason of education,specialtraining,experience
andthat he is equipped toperformthe workforwhich a licenseisrequestedinaccordancewith
allstatelaws,city ordinances andthis Code.
Sec. 12-214. Exemptions for homeowners.
A homeowner in the cityshall have an exemption, utilized no moreoftenthan once everyfive
years,from needing the licensefor doing or performingany of the various types of work on his
own home forwhich a licenseisrequiredinsection 12-207.
Sec. 12-215. Speciallicensesforcertain work.
The council may,by resolution, provide foranyspeciallicensesandset the feesforanywork or
servicespertainingto construction, reconstruction, revocation or repair of buildings or
appurtenancesthereto,when the council deemsinitsdiscretionthat the licenses provided forin
section 12-207 do not properly pertainto the work or servicetobe covered bysuchlicenses.
Sec. 12-216. Sewerinstallerlicenses.
. . . .
Sec. 12-217. Signinstallerlicenses.
. . . .
Sec. 12-218. Treeservicecompanylicenses.
Attachment 1
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
chapter must comply with the American National Standards Institute (ANSI) Standard
A300. Effective within one (1) year from the date of the adoption of these amendments, any
new or renewal license applications shall require that the licensee employ an individual who
possesses current certification as an arborist from the International Society of Arboriculture
(ISA).
Attachment 2
Tree Ordinance
Draft 4-215-19-14
This section moves Chapter 38 (Trees) to Chapter 18 (Environment), Article V
(Environment and Natural Resources), Division 3 (Trees)and revises and adds new
language as outlined below:
Article V. Environment and Natural Resources
Division 3. Trees
Sec. 1. Findings and Purpose. The city desires to protect the trees and woodlands in the City of
Maplewood. Trees and woodlands provide numerous environmental, economic, and scenic
benefits. They help filter air pollutants,absorb stormwater runoff, provide wildlife habitat, and
moderate temperatures. They reduce cooling costs and increase property values. And they
provide scenic beauty, sound and visual buffers, and screening for privacy. It is therefore the
city’s intent to protect, preserve, and enhance the trees and woodlands 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 articleordinanceis to establish a tree preservation and protection
ordinanceregulationsto assure the continuance of significant trees and woodlands for present and
future generations which:
1.Preserve the natural character of neighborhoods (in developed and undeveloped areas).
2.Ensure the health and wellbeing of Maplewood’s urban forest.
3 Protect the health and safety of residents.
4. Protect water quality and minimize storm water runoff.
5. Prevent erosion or flooding.
6. Assure orderly development within wooded areas to minimize tree loss and
environmental degradation.
7.Establish a minimum standard for tree preservation and mitigation of environmental
impacts resulting from tree removal.
.Sec. 2. Definitions. The following words, terms and phrases, when used in this article,shall
have the meanings ascribed to them in this ordinance, except where the context clearly indicates
a different meaning:.
Applicantmeans developer, builder, contractor or homeowner who applies for a land use,
grading, or building permit.
Attachment 2
Caliperinchis a measurement used for nursery stock.and refers to replacement trees.It is the
diameter of the tree trunk measured six (6) inches above the soil surfacefor tree trunks up to four
(4) caliperdiameterinches. For tree trunks over four (4) caliper inches, the measureis taken ator
less and measuredtwelve (12) inches above the soil surface.for tree trunks greater than four (4)
diameter inches.
Certified Arboristis an arborist with up-to-date certification by the International Society of
Arborists.
City Forestermeans a forestercertified by the State of Minnesotawho is employed by the city or
appropriate agent or independent contractor designated by the city.
Conifer Tree means a woody plant that is a member of the division Phinophyta and at maturity is
at least twelve (12) feet or more in height. Conifers are cone bearing and most in our climate
keep their leaves (also called needles) year-round. Tamarack (also called larch) is the one
conifer in our climate that drops its needles in the fall.
Controlincludes measures to prevent, slow the spread, suppress, eradicate or destroya shade tree
diseaseor pests.
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 or Diameter at Breast Height (DBH) is a measurement used for trees in
the landscape. It is the diameter of a tree trunk as measured at a height of four and one half (4.5)
feet above ground. To determine diameter, measure the circumference of the tree trunk at four
and one half (4.5) feet above ground and divide by 3.14.
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 Planner means an employee of the city who manages city-wide environmental
programs, or appropriate agent designated by the City Manager.city manager.
Hardwood Deciduous Tree meansall tree species except those listed as softwood deciduous trees
below.
Infestationincludes actual, potential, incipient, or emergent infestation or infection by forest
pests or shade tree pests.
Attachment 2
Invasive Speciesare species that are not native to Minnesota and cause economic or
environmental harm or harm to human health.
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.
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.
Native Prairiemeansa landscape or planting that consists predominantly orofgrasses, flowers,
and sedges that are native to Minnesota prairie ecosystems.
OrnamentalTreemeans a woody plant, which is grown for the beauty of its foliage,flowers, or
form.
Retaining Wallmeans a structure utilized to hold a slope in a position in which it would not
naturally remain.
Shade Treemeans a woody perennial grown primarily for aesthetic or environmental purposes.
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.
Specimen Tree is a healthy tree of any species except invasivesthat istwenty-eight (28) inches in
diameter or greater, except invasive species.These trees are also considered Significant Trees.
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 conifer trees, twelve (12) inches in
diameter for softwood deciduous trees, and specimen tree of any species twenty-eight (28) inches
in diameter or greater as defined herein. Buckthorn or othersothernoxious woody plantsor trees
as determined by the environmental plannerare not considered a significant tree species at any
diameter.
Slope means the inclination of the natural surface of the land from the horizontal; commonly
described as a ratio of the length to the height.
Softwood Deciduous Treemeans the following tree species: box elder, cottonwood, elm,
poplar/aspen, silver maple, and willow.
Structure means anything manufactured, constructed, or erected which is normally attached to or
positioned on land, including portable structures.
Attachment 2
Tree Preservation Planmeansisa plan prepared with the assistance of a certified arboristor
other forestry or horticulture professional whosequalifications have been approved by the
environmental planner. The Tree Preservation Plan mustclearlythatshows all trees in the area to
be developed or within the parcel of record.property. 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.The plan must be developed by a forestry
or horticultural professional whose qualifications are approved by the environmental planner.
Utility means electric, telephone, telegraph, cable television, water, sanitary or storm sewer, solid
waste, gasor 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. 3. Woodlot alteration permit. A woodlot alteration application shall be submitted to the
environmental planner for review prior to removal of any significant living trees on a woodlot
that is not reviewed by another land use,grading, or building permit.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
planner. Anapplication fee shall be established yearly by the city council by resolution. Failure
to submit an approvedawoodlot alteration application beforeand subsequent approval prior to
removal of anysignificanttrees will result in a two-year moratorium for issuance of a city
grading or building permit. In addition, a the total tree replacement for the parcel,propertyas
outlined in the tree mitigation/replacementschedule, will be required and willtoassume that all
treesthat wereremoved were significant trees.
The environmental plannermay approve a woodlot alteration permit that complies with this
ordinanceand receive recommendations from the city forester concerning the proposed .If the
woodlot alteration. The permit is denied, the applicant may appeal the environmental planner’s
decisionto. The appeal must be received bythe environmental commission cityin writing
within fifteen (15) days of the environmental planner’s written decision. TheThe environmental
commission will review the appeal at its nextavailable commission meeting. If the
environmental commission denies the appeal, theapplicant may appeal the environmental
commission’s decision. The appeal must be received by the city in writing within fifteen (15)
days of the environmental commission’s written decisionto city council for final decision.
Applicant must first approach environmental plannerthen environmental commission before.
Thecity council will review.the appeal at its next available city council meetingfor final
decision.
Attachment 2
Sec. 4. Tree preservation plan. A tree preservation plan is required for any project which
requires any
awoodlot alteration permit,land use,grading, or building permit; excluding the
exemptions and exceptions as outlined in Section 5item 1(Tree preservation plan applicability).
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.
Sec. 5.1.Tree preservation plan applicability.
1a. This articleordinanceshall apply to any individual, business, or entity that
engagesrequestsin a land use, grading, or 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.
2b. The following are exceptions and are exempt from the requirements of the tree
preservation plan (Section 4)of this ordinance:
a.1)Minor home additions, general home improvements, and construction of
accessory buildings (i.e. garage, shed).
b.2)Tree removal related to public improvement projects to existing roadways,
sewers, parks, and utility/infrastructure work or repair.
c.3)Emergency removal of a tree(s) to protect public health.
d.4)Restoration of land to native prairie. Prairie restoration must be approved
by the environmental planneror city forester.
e.5)Commercial tree nursery and landscape operations.
f.6)Removal of dead or dying trees, unless planted as part of tree replacement.
g.7)Removal of nonnative trees that the city deemsinvasive species.
3c. Tree preservation plans shall include the following:
a.A tree inventory overlay on the site planplansthat shows size, species, general
health, and location of all significant trees located within the area to be developed
or within the parcel of record. Location of groups of standing dead or
diseasedproperty wheresignificant trees shall be noted on inventory overlay.
All tree inventories shall be performed by forestryor horticultural professional
whose qualifications are approved by the environmental plannerand shall be
consistent with the engineer’s grading plan contours.
Significant trees should be identified on the plan sheet(s) in both graphic and
tabular form. Trees growing in clump form are considered individual trees and
each stem/trunkremovalis measured as individual trees.
1)b.proposed. The tree preservationinventoryplanmust:
Attachment 2
a)Must be drawn at the same scale as the other site plan submittals
and must coincide with requiredengineering documents such as
topography maps, wetland information, grading plans, and road
and building locations.;
b)c.A listShould include trees growing in clump form. These
trees will be considered individual trees and each stem/trunk is
measured as individual trees.
c)Include the locationof total diameter inchesgroups of all
healthystanding dead or diseasedsignificant treesinventoried..
d.The total diameter inches of healthy significant trees removed.
e.The name(s), telephone number(s), and address(s) of the person(s) responsible for
tree preservation during the course of the development project.
d)f.OuterInclude the 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.
e)g.DelineationInclude significant trees identified in both
graphic and tabular form.
f)Include locations of the proposed buildings, structures, or
impervious surfaces.
g)Include delineationof all limits of land disturbance, clearing,
grading, and trenching.
h.Locations of the proposed buildings, structures, or impervious surfaces.
i.2)A list of total diameter inches of all healthy significant trees inventoried.
3) The total diameter inches of healthy significant trees removed.
4)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.
j.Specify post5)Postconstruction tree care to mitigate construction damage
to includemitigation for trees protected should be identified onthe
followingplan as follows:
1)a)Tree root aeration, fertilization, and/or irrigation systems.
2)b)Therapeutic pruning.
Attachment 2
c)3).Mitigate soil compaction by the following:
a)1.Mulch drive lanes with eight (8) to ten (10) inches of
woodchips.
b) 2.Soil fracturing with deep tillage or
other similar methods.
c) 3.Inclusion of organic matter to
existing soil.
3)d)Core aeration.
l.6)The name(s), telephonenumber(s), and address(s) of the person(s)
responsible for tree preservation during the course of the development
project.
7)Size, species, number, and location of all replacement trees and woody
shrubs proposed to be planted on the property, planted on city property, or
amounts to be paid into the city’s tree fundin accordance with the tree
mitigation/replacement schedule.
m.Delineate the location of (existing) significant trees that are to be preserved with
location and type of protective fencing.
n.Signature of the person(s) preparing the plan.
8) All tree preservation plans shall be performed by a forestry or horticultural
professional whose qualifications are approved by the environmental
planner.
9) The tree preservation plan shall be reviewed by the environmental planner,
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. 6.
2.Tree Preservation and Safeguarding Tree Measures.
1a. All developments within the city shall be designed to preserve significant trees
and woodlots, where such preservation would not adversely 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 treetreessubject to the limitations as
Attachment 2
defined in this ordinance. This decision shall be based on but not limited to the
following criteria:
a.1)Size of trees.
b.2)Size of lot.
c.3)Species, health, and attractiveness of the trees, including:
1)a)Sensitivity to disease.
2)b)Life span.
3)c)Nuisance characteristics.
4)d)Sensitivity to site grading.
5)e)Potential for transplanting.
6)f)Need for thinning a woodlot.
7)g)Effects on the functioning of a development.
8)h)Fragmentation of wooded area and effects on wildlife corridors.
9)i)The public health, safety and welfare.
10)j)Effect on wetlands and/or watershed.
11)k)Native prairieor oak savanna habitat.
2b. Safeguarding preserved trees:
a.1)Tree protective areas shall be located at a minimum of the CRZ of trees or
drip line, whichever is greater,whenever possible. Saving groups or stands
of trees is encouraged over protecting individual trees scattered throughout
the site.
b.2)Suitable tree protection fencing in active areas includes use of orange
polyethylene laminar safety fencing or woven polyethylene fabric (silt
fencing). Fencing must be self-supportive. All active tree protection areas
shall be designated as such with “Tree Save Area” signs posted in addition
to the required fencing.
c.3)Use of passive forms of tree protection requires approval from
environmental plannerin 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.4)Signs requesting subcontractor cooperation and compliance with tree
protection standards are required at site entrances.
e.5)No construction work shall begin until tree protection fencing has been
installed, inspected, and approved by the environmental planner. Once
Attachment 2
environmental planner approves tree protection fencing or devices it must
not be altered or removed without environmental planner approval.
f.6)Tree protectionfencing 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.7)Custom grading, retaining walls,or tree wells tomaintain existing grade
for preserved trees can be used.
h.8) 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.9)Minimize tree wounding by felling or removing trees away from trees
remaining on site.
j.10)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.11)Identify and prevent oak wilt infection. Treat all known oak wilt infected
areas with current accepted guidelines including root cutting and removal
of infected trees. If pruning oaks is required between April 1 and July 1
cover fresh wounds with nontoxic tree wound sealant or latex paint.
l.12)Failure to safeguard trees as outlined above will result in the city issuing a
stop work order for the development or issuing citations per city code.
.
3c. 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 city forester or environmental plannerthat 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.
Sec. 7. 3.Tree Removal, Mitigation, and Replacement.
1a. Tree Removal Calculation: If less than twenty percent (20%) of the total
significant tree diameter inches on the propertyis 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.
Attachment 2
If twenty percent (20%) or more total significant tree diameter inches is removed,
applicant shall mitigate all significant diameter inches using the tree
mitigation/replacement schedule in accordance with the following
formulaformulas:
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 -.202) x C)1.5]x A = D
Example
A = 379
B = 943
C =1.5
D =160114.8 caliper inches
(([(379 / 943 – 0.20.2) x 1.5) X] x379 = 114.7 caliper inches
The trees required to be replaced pursuant to this ordinanceshall be in addition to
any other trees required to be planted pursuant to any other provision of city code.
2b. Tree Mitigation: Once the total caliper inches for replacement trees are
determined, the applicant shall mitigate loss of replacement trees by one or more
of the following actions: significanttrees by planting replacement trees in
appropriate areas on the property in accordance with the tree replacement
scheduleand tree preservation plan.After putting as many trees as feasible on the
site, if the replacement requirement is still not met, the environmental planner can
approve the following replacement steps prior to issuance of a grading or building
permit:
a.Planting replacement trees in appropriate areas within the development in
accordance with the tree replacement schedule.
1) Mulched
b.After putting as many trees as feasible on the site, if the replacement
requirement still has not been met, mulchedbeds of native or drought
tolerant shrubs will qualify towards tree replacement at a rate of .5 caliper
inches per #2 or #3 shrub.
c.2)Planting replacement trees on city propertyunder the direction of the
environmental planneror city forester. Must be approved by the
Attachment 2
environmental planner during the review process prior to issuance of
permit(s)..
d.3)Paying the city a sum per diameter inch in accordance with the tree
replacement schedulesset forth in the city fee schedulewhich is set
annually by city council resolution. Must be approved by the
environmental planner during the review process prior to issuance of
permit(s)..Payment shallbe 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
environmental planner. This provision may only apply if all other
measures in this ordinance have been exhausted.
3c. Tree Replacement: For replacement trees, the following standards shall be met:
a.1)The applicantshall be required to maintain trees for one(1) year after
planting. Should any tree require replacement during this one (1) year
period, the replacement period shall start at the date ofthereplacement.
tree was planted.Trees required to be planted pursuantto any other
provision of the city codeordinancesare not included in this and must be
replaced according to such code.ordinance.
b.2)Species requirements: Where ten (10) or more replacement trees are
required, not more than thirty (30) percent shall be of the same type of tree
without the writtenapproval of the environmental planner. Tree species
native to the Maplewood area are preferred.
c.3)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 planneror 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 of the tree
(e.g., a fourteen (14) foot tree must have a branch within seven (7) feet of
the surface of the surrounding ground).
Attachment 2
4)d.Tree replacement size must be no less than two (2) caliper inches
deciduous or six (6) footheightconifer tree unless pre-approved by the
environmental planner. Use the following table to convert conifer trees to
caliper inches:
CONIFER 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
codeordinancesmust comply with tree size specification of such
code.ordinance.
4d. 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.. Tree replacement escrow will be equal to the amount paid per diameter
inch for replacement trees as specified in the tree mitigation section. Funds will
be held by the city until successful completion of final planting inspectionand
assurance that the trees are covered by at least a one-year warranty for
replacement. It shall be the applicant’s responsibility to call for such inspection.
Tree replacement escrow does not include other escrows required pursuant to any
other provision of city codeordinancesor city directive.
Sec. 85. Enforcement. The city reserves the right to inspect the site or property atany time for
compliance with this ordinance.Should the city find the site in violation of the approved tree
preservation plan, theythecitymay issue a stop work order until conditions are corrected. A stop
work order will be lifted only after approved by environmental planneror city forester in writing.
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 applicant has corrected the
violation. Each day that a separate violation exists shall constitute a separate offense.
Sec. 96. Tree Disease
Sec. 9-1.Findings and Declaration of Purpose.
Attachment 2
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 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. 9-2. Declaration of a Shade Tree Pest.
The city council may by ordinance declare any vertebrate or invertebrate animal, 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.
Sec.9-3... Public Nuisances.
The following are hereby declared nuisances whenever they are found within the city:
1a. 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).
b.Any dead elm tree or part thereof, including logs, branches, stumps, firewood, or
other material from which the bark has not been removedand chipped or burned.
Proper disposal of removed bark includes chipping or burning.
2c. Any living, standing, or dead oak tree (Quercus spp.) or part thereof infected to
any degree withthe oak wilt fungus Certocystis fagacearum (Bretz) Hunt. Also,
any living, standing, or 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.
3e. Any living, standing, or dead ash tree (Fraxinus spp.) or part thereof with
infestation of emerald ash borer (Agrilus planipennis).
4d. Other shade trees or parts thereof infested with epidemic shade tree pests.
Sec. 9-4. Inspection.
1 a.The city forestershall inspect all premises and places within the city as often as
practical to determine whether any condition described in Sec. 9-3 exists thereon.
Inspection shall be of living or dead trees, parts of trees, stumps, and firewood. In
Attachment 2
addition, the city forestershall 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 b. The city forestermay enter upon private premises at any reasonable time for the
purpose of carrying out any of the duties assigned under this ordinance.
3 c.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 city forestermay 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. 9-5. Abatement of Shade Tree Pest Nuisances.
1 a.The city forestershall 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 (10) days from the date of
mailing.
2b. 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 city
foresterfinds that Dutch elm disease or oak wilt threatens to cross property
boundaries, the city forestermay require root graft disruption to prevent the
spreadof the disease through roots. The city forestermay require other control
measures that are widely accepted to abate the nuisance as needed to prevent the
spread of shade tree pests.
3c. If the owner or occupant shall fail to comply with the removal or control measures
specified for the infested tree or wood on his/herproperty within the time
specified, the city forester may order the work done either by 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 thirty (30) days, the city may specially assess the costs
against the property.
Sec. 9-6. High-Cost Abatement.
If the cost of abating a nuisance will exceed $5000in a given year or in two consecutive
years,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 a hearing. The owner
or occupant must notify the city foresterwithin twenty (20) days of the date on the
notification letter, provide an estimate from a Certified Arborist, and provide in writing a
request for exemption and the reasons for exemption. The city foresterwill notify the
Attachment 2
owner or occupant of the date, time, and location of the hearing, at least three (3) days in
advance of the hearing. The owner, occupant or their agent shall be given the
opportunity to present evidence at the hearing. The city council may modify the
abatement notice or extend the time by which abatement must be completed.
Sec. 9-7. 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 diseased or
infested, without having obtained a written permit from the city.
Sec. 9-8. 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. 9-9. No Interference with city forester.It is unlawful for any person to prevent, delay,
or interfere with the city foresterwhile they are engaged in the performance of duties
imposed by this ordinance.
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. Generaltypesof work.
Beforeanypersonshall engage inthebusiness of doing or performinginthecityanyofthe
followingvarioustypesofworkheinthecityheorsheshallfirstobtain a license or registerto do
soasprovidedinthisarticleordinance:
1.Cementwork,cement blockwork, cementblocklayingor brickwork.
2.Generalconstruction,includingerection,alteration or repairofbuildings.
3.Themoving or wrecking of buildings.
4.Plastering,outsidestuccowork or lathing.
5.Plumbing,includinginstallation of outsidesewagedisposalplants.
6.Heating.
7.Gasinstallation,includingheating,appliances,devicesormachinery,etc.
8.Welldrilling.
9. Roofing.
10. Signandbillboarderecting.
11. Excavatorsforbasements, foundations, grading of lots,etc.
12. Cesspool and private sewerdisposalinstallers.
13. Sodding andlandscaping.
14. Treeservice (pruning,removal,treatment,orcare).
Attachment 2
15. Elevators.
Sec. 12-208. Applicationforandissuance of license;licensefees;registrationrequired.
1.Applicationforanylicenserequiredbysection 12-207shallbefiled withthecityclerkon
theappropriateformfurnishedbythecity.Anylicenserequiredbysection 12-207shallbe
issuedbythecityclerk.
2.Thelicensefee for anylicenserequiredbysection 12-207 shallbeimposed,set,established
andfixedbythecitycouncil,byresolution,fromtimetotime.
3.Plumbers,buildingmoversorothercrafts,whicharelicensedbythestateandwhichthecity
isprohibitedfromlicensing,who undertake toperformworkandobtainpermitswithinthe
cityshallfirstregisterwiththecityclerkandshall provide proof of publicliabilityinsurance
asrequiredbythisarticleordinance.Suchstate-licensedcontractorsshallalso provide any
additionalinsurance or indemnity bond requiredbythecitycouncilbyresolutiontoprotect
property ofthecitywhensuchworkisbeing done in or upon anycitystreetorotherpublic
right-of-wayor upon any of thecity-ownedutilitieslocatedinsuchstreetorright-of-way.
Sec. 12-209. Durationoflicenses;consequences of nonrenewal.
1.Alllicensesissued undersection 12-208 shallexpireonDecember 31 followingthedateof
issuance,unless sooner revoked or forfeited.
2.If a licensegranted undersection 12-208is not renewed prior toitsexpiration,allrights
grantedbysuchlicenseshallcease,andany work performedaftertheexpirationofthe
licenseshallbeinviolation of thisCode.
Sec. 12-210. Liabilityinsurance.
Anypersonapplying for anylicenseenumeratedinsection 12-207shallfilewiththecityclerk a
certificatetotheeffectthatpublicliabilityand property damageinsuranceisinforceandshall
remainandbeinforceandeffectduringtheentiretermofsuchlicenseandshallcontain a
provisionthatsuchinsuranceshallnotbecancelledwithout tendays'writtennoticetothecity.
Publicliabilityinsuranceshallnotbelessthan $25,000.00 forinjuries,includingaccidentaldeath
toanyoneperson,and,subjecttothesamelimit for eachperson,inanamount of not lessthan
$50,000.00 on account of anyoneaccidentand property damageinsuranceintheamount of not
lessthan $5,000.00 on account of damagetoanyonepartyand not lessthan $25,000.00 on
account of anyoneaccident.Astogasinstallers,suchpublicliabilityinsuranceshallbe for not
lessthan $25,000.00 forinjuries,includingaccidentaldeath,toanyone person, and,subjectto
thesamelimit for each person, inanamount of not lessthan $50,000.00 on accountofanyone
accidentand property damageintheamount of not lessthan $25,000.00. Nolicenseshallbe
issueduntilsuchcertificateofinsuranceshallhavebeenfiledand approved bythecityclerk.
Sec.12-211. Renewaloflicenseafterexpirationdate.
Anypersonrenewinghislicense undersection 12-208aftertheexpirationdateshallbecharged
thefullannuallicensefee.Noproratedlicensefeeshallbeallowedforrenewals.
Sec.12-212. Workcovered under licenseissuedtogeneralcontractors;requirements of
subcontractors.
1. A licensegranted undersection 12-207to a generalcontractorshallincludetherightto
performalloftheworkincludedinhisgeneralcontract.Suchlicenseshallincludeanyorall
Attachment 2
of thepersonsperformingtheworkwhich isclassifiedandlistedinsection 12-207,
providingthateachpersonperformingsuchworkisinthe regularemployofsuchgeneral
contractorandqualified under statelawandthis Code toperformsuch work. Inthesecases,
thegeneralcontractorshallberesponsibleforall of theworksoperformed.
2.Subcontractors on anyworkclassifiedandlistedinsection 12-207shallberequiredto
complywiththesections of this Code pertainingtolicense, bond, qualifications,etc., for
theirparticulartypeof work.
Sec. 12-213. Qualificationsforlicenses.
Exceptasotherwise provided bylaw,eachapplicantfor a license undersection 12-208shall
satisfythecitycouncilthatheiscompetentbyreason of education,specialtraining,experience
andthatheisequippedtoperformtheworkforwhich a licenseisrequestedinaccordancewith
allstatelaws,cityordinancesandthisCode.
Sec. 12-214. Exemptions forhomeowners.
A homeownerinthecityshallhavean exemption, utilized no moreoftenthanonceeveryfive
years,fromneedingthelicense fordoing or performinganyofthe various typesofwork on his
ownhomeforwhich a licenseisrequiredinsection 12-207.
Sec. 12-215. Speciallicensesforcertain work.
Thecouncilmay,byresolution, provide foranyspeciallicensesandsetthefeesforanywork or
servicespertainingtoconstruction,reconstruction,revocation or repair of buildings or
appurtenancesthereto,whenthecouncildeemsinitsdiscretionthatthelicensesprovidedforin
section 12-207 do not properlypertaintothework or servicetobecoveredbysuchlicenses.
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
chapter must comply with the American National Standards Institute (ANSI) Standard
A300. Effective within one (1) year from the date of the adoption of these amendments, any
new or renewal license applications shall require that the licensee employ an individual who
possesses current certification as an arborist from the International Society of Arboriculture
(ISA).
Agenda Item 8.a
MEMORANDUM
TO:
Environmental and Natural Resources Commission
FROM:
Chris Swanson, Environmental Specialist
Shann Finwall, Environmental Planner
DATE:
May 7, 2014 fortheMay19 ENR Commission Meeting
SUBJECT:
Spring Clean Up Summary
Introduction
The Spring Clean-Up Event was held on Saturday, April 19, 2014, at Aldrich Arena. This
memorandum summarizes the event. The City worked with Tennis Sanitation, LLC, for this
year’s event.
Background
A comparison of attendance and materials collected during clean up events since 2011reflects
that this year’s Spring Clean Up was well attended with over double the number of attendees
and materials than average.
Year
Attendance and
2011201220132014
Items Collected
SpringFallSpringFallSpringFall Clean Up Spring
Campaign
550
Attendance (# of 276289260266252312 pickups
vehicles)
42.16 tons
Garbage /MSW9.64 13.76 12.5 5.94 11.31 25.4 tons
tonstonstonstonstons
7.36 tons
Demo/Construction 12.06 12.56 31.19 28.75 7.83 N/A
tonstonstonstonstons
177
Appliances (#) 8364746411571
40
Tires (# at event)172332171820
152
Tires (# from illegal 202297182192152172
dumping and city
vehicles)
302
Electronic Waste12,007 10,608 12,398 6,287 14,695 64 screens, 12
screens,
(screens and lbs) lbslbslbs lbslbs misc.
24,002 lbs
electronics
102
Mattresses Recycled 606141657980
(#)
200 lbs
Furniture Collected 11,000 6,750 9,000 6,000lbs6,000 0
for Reuse (lbs)lbslbslbslbs
Year
Attendance and
2011201220132014
Items Collected
SpringFallSpringFallSpringFall Clean Up Spring
Campaign
3,410 lbs
Carpet Recycled N/AN/A800 lbs4,750 2,315 0
lbslbs
1,800lbs,
Bicycles Collected for 1,500 1,300 1,250 1,600 8500
73 bikes
Reuse(lbs and #)lbs, 60lbs,lbs,54 lbs,lbs, 29
bikes53bikes64bikes
bikesBikes
Food/Donations 33 lbs4622 lbs76 lbs,39 lbs0102 lbs,
$50
Donated to Second lbs,$30
Harvest Heartland$15
(lbs and $)
Other Items Collected
Medicine: Officer Tommy Kong from the Maplewood Police Department was at the event to
collect unwanted, expired, or unused medicine for Ramsey County’s medicine collection
program. Over 74.5 pounds of medicine was collected. This program helps prevent crime and
protects the environment. Storing unwanted, expired and unused medicines can lead to drug
abuse or poisoning, and medicines flushed down the drain or disposed of in the trash can harm
the environment.
Small Engines: Roy Bailey, a local mechanic, collected over 9,000 pounds of reusable small
engine parts. A majority of the items collected are recycled or reused, with the non-recyclable
components disposed of properly.
Volunteers and Staff
We would like to acknowledge the following volunteers who donated their time and resources to
make the 2014 Spring Clean Up event a success: Mayor Slawik, Councilmembers Juenemann
and Abrams, and Environmental and Natural Resources Commissioners Trippler and
Johannessen who volunteered during the event. John and Ann Gutteter, owners of Papa
Murphy’s Pizza (2303 White Bear Avenue), who donated pizzas to serve staff and volunteers
during lunch and half off pizza coupons to distribute to attendees of the event. John Flater,
Papa Murphy’s shift manager, who prepared and delivered thepizzasduringthe event.
The events require several City and contractor staff including the Maplewood Police Department
for organizing the medicine collection, Maplewood Police Reserves for assisting with layout and
traffic control,Public Work’s crew members who assisted with the clean up, Environmental staff
who plan and coordinate the event, and Tennis Sanitation the City’s contract hauler for the
event.
2014 Fall Clean Up Campaign and 2015 Spring Clean Up
This Fall City staff proposes the second annual Fall Clean Up Campaign to be held during two
weeks in October. The City will partner with Republic Services once again to offer reduced
bulky item pick up and an educational campaign on reducing, reusing, and recycling duringthis
timeframe. The 2015 Spring Clean Upeventis tentatively scheduled for April 25, 2015, at
Aldrich Arena.
Recommendation
No action is required.