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HomeMy WebLinkAbout2014-04-21 ENR Packet AGENDA CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION April 21, 2014 7 p.m. Council Chambers - Maplewood City Hall 1830 County Road B East 1. Roll Call 2.Approval of Agenda 3. Approval ofMinutes:March 17, 2014 4.New Business a.Conducting Open – Public Meetings b.Overview of Gladstone Phase II Improvements 5.Unfinished Business a.Tree Ordinance 6.Visitor Presentations 7.Commission Presentations 8.Staff Presentations a.Enhancing Ambient Groundwater Quality Monitoring in Minnesota b. Waterfest (May 31) c. Maplewood Nature Center Programs 9.Adjourn Agenda Item 3 MINUTES CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION 8:00p.m., Monday,March 17, 2014 Council Chambers, City Hall 1830 County Road B East From 6:30 to 8 p.m. there was a public meeting for the Wakefield Lake Water Quality Study 1. CALL TO ORDER A meeting of the Environmental and Natural Resources Commission was called to order at 8:05 p.m.by ChairPalzer. 2. ROLL CALL Randee Edmundson, Commissioner Present Deborah Fideldy, CommissionerPresent Judith Johannessen, Commissioner Present Ann Palzer, Chair Present Cindy Schafer, Commissioner Present Dale Trippler, Vice Chair Present Ginny Yingling, Commissioner Present Staff Present Shann Finwall, Environmental Planner 3. APPROVAL OF AGENDA CommissionerTripplermoved to approve the agenda as submitted. Seconded by Commissioner Schafer. Ayes – All The motion passed. 4. APPROVAL OF MINUTES a.February 27, 2014 Commissioner Schaferrequested a correction to the last page of the minutes under adjournment to read “Chair Palzeradjourned the meeting” not Chair Schafer. CommissionerTripplermoved to approve the February 27, 2014, Environmental and Natural Resources Commission Meeting Minutes as amended. Seconded by Commissioner Johannessen. Ayes – Chair Palzer, Commissioner’s Fideldy, Johannessen,& Trippler Abstentions – Commissioner’s Edmundson,Schafer& Yingling The motion passed. March 17, 2014 1 Environmental and Natural Resources Commission MeetingMinutes 5. NEW BUSINESS a.Maplewood Trash Plan(2013 Annual Report and 2014 Work Plan): i.Environmental Planner, Shann Finwall gave the report on theMaplewood Trash Plan and answered questions of the commission. ii.Rich Hirstein, representative from Republic Servicesaddressed and answered questions of the commission. Items discussed by the Commission included: 2013 Annual Report How much of the City’s trash actually gets sorted and recycled at the RRT Facility? Mr. Hirstein stated that just the large metals are able to be sorted and recovered. In 2013 the RRT facility diverted 20,000 tons of metals from trash collected from 22,000 homes. Does Republic Services educate Maplewood residents when they throw away something that can be recycled? Mr. Hirstein stated that the carts are collected with an automated arm, so it is difficult to determine if there are materials in the cart that could be recycled. If there obvious issues, such as a large tree or branch sticking out of the cart cover, Republic Services does leave an education note on the cart about the issue. 2014 Work Plan Survey – The purpose of the survey should be defined first before you finalize the o questions. Is the survey to gauge how Republic Services is doing or to gauge how residents feel about the organized trash system? What will Republic Services do with the results of the survey? o Some residents don’t get paper bills, how will they be notified of the o survey? The following should be addressed in the survey: o Improvements that could be made to the City’s trash plan. RFID questions. Pay as you throw options. Organics collection. Recycling education. Only ask questions for which a change can be made. Make room for additional comments. Organics Collection – Collecting organics in City Buildings will allow the City to educate residents o that visit City Hall or the Community Center on organics collection so they can bring home the concept. The City should ensure to educate along with collection of organics with o signs, articles, etc. Does Republic Services work with schools on organics collection? o The Commission thanked Mr. Hirstein for the 2013 annual report and 2014 work plan. Republic Services’ annual review with the City Council is scheduled for April 14. b.Environmental and Natural Resources Commission 2013 Annual Report i.Environmental Planner, Shann Finwall gavea brief description of the 2013 Annual Reportand answered questions of the commission. March 17, 2014 2 Environmental and Natural Resources Commission MeetingMinutes Commissioner Trippler asked about forming a subcommitteefor the Urban Agriculture group. The Commission decided to form the subcommittee during the meeting, so it could be included in the annual report. Commissioner Schafermoved to recommend appointingCommissionersEdmundson, Yingling and herself to the Urban Agriculture subcommittee. Seconded by Commissioner Trippler. Ayes – All The motion passed. The Commission discussed the feasibility of forming subcommittees for the environmental education goal. The Commission agreed that this was something they would like to work on as a group. Commissioner Trippler moved to recommend the Environmental and Natural Resources Commission 2013 Annual Report with the addition of the subcommittee to the Urban Agriculture Subcommittee. Seconded by Commissioner Schafer. Ayes – All The motion passed. 6.UNFINISHED BUSINESS a.Tree Ordinance (to be continued during the April 2014 meeting) 7.VISITOR PRESENTATIONS None present. 8.COMMISSION PRESENTATIONS None. 9.STAFF PRESENTATIONS a.Maplewood Spring Clean Up Environmental Planner, Shann Finwall said the Maplewood Spring Clean Up is scheduled for Saturday, April 19, 2014, from 8:00 a.m. to 1:00 p.m. at Aldrich Arena,1850 White Bear Avenue. Information can be found at the city’s website ci.maplewood.mn.us/cleanups. b.Nature Center Programs Environmental Planner, ShannFinwall presented the upcoming Maplewood Nature Center Programs. For more information contact the Maplewood Nature Center at (651) 249- 2170. 10.ADJOURNMENT ChairPalzer adjourned the meeting at 9:12p.m. March 17, 2014 3 Environmental and Natural Resources Commission MeetingMinutes Agenda Item 4.a. MEMORANDUM TO: Environmental and Natural Resources Commission FROM: Shann Finwall, AICP, Environmental Planner DATE: April 15, 2014,for the April 21ENR Commission Meeting SUBJECT: Conducting Open – Public Meetings The Open Meeting Law applies to all standing commissions established by the City Council. Whenever a quorum(majority) of the City Council or a commission is discussing city business, it is a meeting as defined by the OpenMeeting Law (Minnesota Statutes, Chapter 13D). During the April 21 Environmental and Natural Resources Commission meeting Melinda Coleman, Assistant City Manager/EEDC Director and Karen Guilfoile, City Clerkwill give a presentation on Conducting Open-Public Meetings.The presentation will touch onthe Open Meeting Law, technology and other areas relating to open meeting law, conducting meetings, and the role of members and chair at meetings. Agenda Item 4.b. MEMORANDUM TO: FROM: Michael Martin, AICP, Planner Melinda Coleman, Assistant City Manager DATE: April 15, 2014 SUBJECT: Overview ofGladstone Phase 2 Improvements Introduction The Metropolitan Council has awardedMaplewood a 2013 Livable Communities Demonstration Account (LCDA) grant in the amount of $1,900,000 for improvements associated with the Villages at Frost and English development. The Villages at Frost and English is the redevelopment of the Maplewood Bowl site including residential and commercial mixed use development. The LCDA grant funds are targeted for infrastructure improvements along Frost Avenue between Phalen Place and English Street, and along English Street from the Gateway Trail to Ripley Avenue (see attached Project Location Map). The proposed infrastructure improvements include street reconstruction along with sidewalk/trail, storm drainage, street lighting, overhead utility burial, and landscape/streetscape improvements. The landscape/streetscape and place making elements will be consistent with those previously installed along Frost Avenue west of Phalen Place.The proposed infrastructure improvementsare illustrated on the attached Project Layout exhibit. Staff is also proposing to include improvements to Flicek Park and the Gladstone Savanna as a part of the project. The Flicek Park improvements include parking lot, trail, and grading improvements. The Gladstone Savanna improvements include landscaping and hardscape for the corner entrance and three other entrances. The project is proposed for construction in late 2104 to 2015. Discussion Staff will provide a brief presentation of the proposed Gladstone Phase 2 improvementsand solicit input from the Environmental and Natural ResourcesCommission.The following serve as the foundation for the proposed project design: Precedent improvements previously installed along Frost Avenuewest of Phalen Place The Gladstone Neighborhood Master Plan The Gladstone Savanna Master Plan The Gladstone Neighborhood Master Plan lists the following nine guiding principles: 1.Design the future of Gladstone as a “village.” 2.Transform regional trails into celebrated village corridors. 3.Make Gladstone a compelling “quality of life” choice. 4.Weave natural systems and ecological function into the built and recreational fabric. 5.Allow Gladstone’s future to whisper the story of its past. 6.Make “walkability” THE standard. 7.Think of Gladstone as a neighborhood for all stages of life. 8.Make the Gladstone master plan a model for others to follow. 9.Make multi-modal links between Gladstone and areas beyond. The Gladstone Savanna Master Plan integrates the site’s natural and historic resources and provides for recreation. Rather than having lots of interpretive signage on the site, the master plan calls for a more subtle approach to interpretation of site history and natural resources. It relies on design elements and features that hint at the site’s history, while making more in-depth interpretation available via electronic media. This approach received full support from the commissions and City Council. The plans presented at the April commission meeting include concepts for the street, boulevard plantings, and sidewalk/trails. Work is just beginning on concepts for the savanna entries and integration of history into the project, so these elements will not be available for review in April. A design team is developing concepts for innovative ways to interpret and celebrate history at the savanna and in the neighborhood. These concepts will be presented to the Environmental and Natural ResourcesCommissionat a future meeting. Recommendation No action required. Attachments 1.Project Location Map 2.Project Layout Exhibit PROJECT LOCATION GLADSTONE PHASE 2 IMPROVEMENTS CITY PROJECT 14-01 PROJECT LOCATION MAP Attachment 2 Agenda Item 5.a. MEMORANDUM TO: Environmental and Natural Resources Commission FROM: Shann Finwall, AICP, Environmental Planner SUBJECT:Tree Ordinance DATE: April 17 for the April 21, 2014,ENR Commission Meeting INTRODUCTION The City’s tree ordinancewas 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 to update the ordinance. DISCUSSION Environmental Ordinances During thetree 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), andChapter 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 andNatural 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 Division 4. Stormwater Management Division 5. Renewable Energy Division 6. Flood Plain Overlay District Division 8. Slopes Division 9. Mississippi Critical Area Tree Ordinance Attached are two documents, a clean version of the tree ordinance with changes recommended by the Commission during the Februarymeeting (Attachment 1) and a comparison of the original ordinance with changes made(Attachment 2).The ENR Commission should review the tree removal calculation to determine if it is agood system for determining replacement trees. To assist with this review, during the meeting staff will present tree replacement requirements for recent developments in the City. RECOMMENDATION Review the draft Tree Ordinance attached and continue discussing updates needed to the ordinance. Attachment: 1.Tree Ordinance (Clean Copy) 2.Tree Ordinance (Tracked Version) 2 Attachment 1 Tree Ordinance (Clean Copy) Tree Ordinance Draft 4-21-14 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. 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 article is to establish a tree preservation and protection ordinance 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, when used in this article, shall have the meanings ascribed to them in this ordinance, except where the context clearly indicates a different meaning: Applicant means developer, builder, contractor or homeowner who applies for a land use, grading, or building permit. 1 Caliper inchis a measurement used for nursery stock. It is the diameter of the tree trunk measured six (6) inches above the soil surface for tree trunks up to four (4) caliper inches. For tree trunks over four (4) caliper inches, the measure is taken at twelve (12) inches above the soil surface. Certified Arborist is an arborist with up-to-date certification by the International Society of Arborists. City Forestermeans a forester certified by the State of Minnesota 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. 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 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. 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. 2 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 or grasses, flowers, and sedges that are native to Minnesota prairie ecosystems. Ornamental Treemeans a woody plant, which is grown for the beauty of its foliage, flowers, or form. Retaining Wall means 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 invasives twenty-eight (28) inches in diameter or greater. 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 others noxious woody plants 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 Plan means a plan prepared with the assistance of a certified arborist or other forestry or horticulture professional whose qualifications have been approved by the environmental planner. The Tree Preservation Plan must 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 3 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. 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 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 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 that all trees that were removed were significant trees. The environmental planner 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 planner’s decision to the environmental commissionin writing within fifteen (15) days of the environmental planner’s written decision. The applicant may appeal the environmental commission’s decision in writing within (15) days of the environmental commission’s written decision to city council for final decision. Applicant must first approach environmental planner then environmental commission before city council will review. Sec. 4. Tree Preservation Plan. A tree preservation plan is required for any project which requires any land use, grading, or building permit; excluding the exemptions and exceptions as outlined in Section 5 (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. 4 Sec. 5.Tree Preservation Plan Applicability. 1. This article shall apply to any individual, business, or entity that engagesin 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. 2. The following are exceptions and are exempt from the requirements of theTree Preservation Plan (Section 4) 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, and utility/infrastructure work or repair. c.Emergency removal of a tree(s) to protect public health. d.Restoration of land to native prairie. Prairie restoration must be approved by the environmental planner or city forester. e.Commercial tree nursery and landscape operations. f.Removal of dead or dying trees g.Removal of nonnative trees that the city deemsinvasive species. 3.Tree Preservation Plans shall include the following: a. A tree inventory overlay on the site plan that shows size, species, general health, and location of all significant trees located within the area to be developed or within the parcel of record. Location of groups of standing dead or diseased significant trees shall be noted on inventory overlay. All tree inventories shall be performed by forestry or horticultural professional whose qualifications are approved by the environmental planner and 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/trunk is measured as individual trees. b.The Tree Preservation Plan 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. c. A list of total diameter inches of all healthy significant trees inventoried. d.The total diameter inches of healthy significant trees removed. 5 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. f. 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. g. Delineation of all limits of land disturbance, clearing, grading, and trenching. h. Locations of the proposed buildings, structures, or impervious surfaces. i. 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 post construction tree care to mitigate construction damage to include the following: 1)Tree root aeration, fertilization, and/or irrigation systems. 2)Therapeutic pruning. 3). Mitigate soil compaction by the following: a) Mulch drive lanes with eight (8) to ten (10) inches of woodchips. b) Soil fracturingwith deep tillage or other similar methods. c) Inclusion of organic matter to existing soil. 3)Core aeration. k. Size, species, number, and location of all replacement trees proposed to be planted on the property in accordance with the tree mitigation/replacement schedule. l. Delineate the location of (existing) significant trees that are to be preserved with location and type of protective fencing. m. Signature of the person(s) preparing the plan. 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. 6 Sec. 6. Tree Preservation and Safeguarding Trees. 1.Tree Preservation: 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 ordinance. 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 or oak savanna habitat. 2.Safeguarding Trees: a.Tree protective areas shall be located at a minimum of the CRZ of trees or drip line whenever possible. Saving groups or stands of trees is encouraged over protecting individual trees scattered throughout the site. b. Suitable tree protection fencing in active areas includes use of orange polyethylene laminar safety fencing or woven polyethylene fabric (silt fencing). Fencing must be self-supportive. All active tree protection areas 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 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”. d. Signs requesting subcontractor cooperation and compliance with tree protection standards are required at site entrances. 7 e. 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. 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 gradingplans 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 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. 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. . 3.Damaged Trees: 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. Sec. 7. Tree Removal, Mitigation, and Replacement. 1.Tree Removal Calculation: 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. 8 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 =1.5 D =160 ((379 / 943 – 0.20) 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. 2.Tree Mitigation: Oncethe total caliper inches for replacement trees are determined, the applicant shall mitigate loss of replacement trees by one or more of the following actions: a. Planting replacement trees in appropriate areas within the development in accordance with the tree replacement schedule. b.After putting as many trees as feasible on the site, if the replacement requirement still has not been met, 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. c. Planting replacement trees on city property under the direction of the environmental planner or city forester. Must be approved by the environmental planner during the review process prior to issuance of permit(s). d.Paying the city a sum per diameter inch in accordance with the tree replacement schedulesset forth in the city fee schedule which 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 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 environmental planner. This provision may only apply if all other measures in this ordinance have been exhausted. 3.Tree Replacement: For replacement trees, the following standards shall be met: 9 a. 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 of replacement. Trees required to be planted pursuant to any other provision of city code are not included in this and must be replaced according to such code. b.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 written approval of the environmental planner. Tree species native to the Maplewood area are preferred. c.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 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 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). d.Tree replacement size must be no less than two (2) caliper inches deciduous or six (6) foot 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 code must comply with tree size specification of such code. 10 4.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 inspectionand assurance that the trees arecovered 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 code or city directive. Sec. 8. 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, they may issue a stop work order until conditions are corrected. A stop work order will be lifted only after approved by environmental planner or 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. 9. Tree Disease Sec. 9-1. 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. 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: 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 11 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 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. 9-4. Inspection. 1.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. 2.The city forester 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 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. Sec. 9-5. Abatement of Shade Tree Pest Nuisances. 1.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. 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 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 forestermay require other control measures that are widely accepted to abatethe nuisance as needed to prevent the spread of shade tree pests. 12 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/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. Sec. 9-6. High-Cost Abatement. If the cost of abating a nuisance will exceed five thousand dollars ($5,000) 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 forester will 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. 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. Generaltypes of work. Beforeanypersonshall engage in the business of doing or performinginthecityany of the following various typesofwork he shallfirst obtain a license or registerto do soas provided in thisarticle: 1.Cement work, cement blockwork, cement blocklaying or brickwork. 2.Generalconstruction, including erection,alteration or repairof buildings. 3.The moving or wrecking of buildings. 4.Plastering, outside stuccowork or lathing. 5. Plumbing, including installation of outside sewage disposal plants. 13 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 12-207shall 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 publicliability insurance asrequiredbythisarticle.Suchstate-licensedcontractorsshallalso provide any additional insurance or indemnity bond requiredby the city council by resolution toprotectpropertyof the citywhensuchworkis being done in or upon anycitystreet or other public right-of-way or upon any of the city-ownedutilitieslocatedinsuchstreet 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 12-207shallfilewith 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 $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 14 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 thateachpersonperformingsuchworkisin 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 pertainingtolicense, 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 toperformtheworkforwhich 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. . . . . 15 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 employan individual who possesses current certification as an arborist from the International Society of Arboriculture (ISA). 16 Attachment 2 Tree Ordinance (Tracked Version) Tree Ordinance Draft 4-21-14 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. Purpose. The city desires to protect the trees and woodlands in the City of Maplewood. Trees and woodlands provide betternumerous environmental, economic, and scenic benefits. They help filterair quality, scenic beauty, protection against wind and water erosion, natural insulation for energy conservation, and are beneficial in watershed management. Trees and woodlands alsopollutants, absorb stormwater runoff,provide wildlife habitat, privacy as screening, act as natural and moderate temperatures. They reduce cooling costs and increase property values. And they provide scenic beauty, sound and visual buffers, and increase property values. screening for privacy. It is therefore the city’s intent to protect, preserve, and enhance the natural environmenttrees 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 article is to establish a tree preservation and protection ordinance to assure the continuance of significant natural featurestrees and woodlandsfor present and future generations which: 1.Preserve the natural character of neighborhoods (in developed and undeveloped areas). 2.2.Ensure the health and wellbeing of Maplewood’s urban forest. 3 Protect the health and safety of residents. 34. Protect water quality and minimize storm water runoff. 45. Prevent erosion or flooding. 56. Assure orderly development within wooded areas to minimize tree loss and environmental degradation. 6.7.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. 2.Applicability. 1 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.a.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. e.Commercial tree nursery and landscape operations. f.Removal of dead or dying trees. . Sec. 3.Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this sectionordinance, except where the context clearly indicates a different meaning: Applicantmeans developer, builder, contractor or homeowner who applies for a land use, grading, or buildingor gradingpermit. Calipermeansinchisatree trunk diameter measurement ofused for nursery stock. It is the diameter of the tree trunk measured six (6) inches above groundthe soil surfacefor tree trunks up to four (4) caliper inches. TreeFor treetrunks over four (4) caliper inchesmeasured at six (6) inches in height, move measurement point to , the measure is taken at twelve (12) inches above ground to measure trunk caliper. Trees greater than four (4) caliper inches may have diameter measurements.Caliper is the tree industry’s definitionthe soil surface. Certified Arboristis an arborist with up-to-date certification by the International Societyof diameter? Delete 4 tree trunks. Include tree trunks over 4 inches in diameter. Arborists. 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/EvergreenConiferTree means a woody plant having foliage on the outermost portions of the branches year-round whichthat is a member of the division Phinophyta andat maturity is at least twelve (12) feet or more in height. Tamaracks and LarchConifersare included as coniferous tree species.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. 1 Controlincludes measures to prevent, slow the spread, suppress, eradicate or destroy. 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 means a standard pointused for trees in the landscape. It is the diameter of measurement of tree size, measurement of atree trunk in inchesas measuredat a height of four and one half (4.5) feet above ground. Measure To determine diameter, measure the circumference of athetree 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. . 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 ManagerPlannermeans an employee of the city who manages city-wide environmental programs, or appropriate agent designated by the cityCity Manager. Hardwood Deciduous Tree meansthe followingalltree speciesexcept those listed as softwood deciduous trees below. Infestationincludes actual, potential, incipient, or emergent infestation or infection by forest pests or shade tree pests.: ash, basswood, birch, black cherry, catalpa, hackberry, hickory, ironwood, hard maples (sugar maple or red maple), locust, oak, Invasive Speciesare species that are not native to Minnesotaand walnutcause 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. 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. 1 Native Prairiemeansa landscape or planting that consists predominantly or grasses, flowers, and sedges that are native to Minnesota prairie ecosystems. Ornamental Treemeans a woody plant, which is grown for the beauty of its foliageand, 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 invasivestwenty-eight (28) inches in diameter or greater. These trees are also considered Significant Trees. Significant Natural Featuremeans a significant water body, woodlot, significant slope, or a site of historical or archeological significance that has been recorded with the state. Significant Tree means a healthy tree measuring a minimum of six (6) inches in diameter for hardwood deciduous trees, eight (8) inches in diameter for coniferous/evergreenconifertrees, twelve (12) inches in diameter for softwood deciduous treetrees, 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 managerplannerare 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 asa 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. Softwood Deciduous Treemeans the following tree species: box elder, cottonwood, elm, poplar/aspen, silver maple, and willow. Tree Preservation Plan means a plan prepared with the assistance of a certified forester, whicharborist or other forestry or horticulture professional whosequalifications have been approved by the environmental planner. The Tree Preservation Plan mustclearly 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 1 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. 43. Woodlot alteration permit. A woodlot alteration application shall be submitted to the environmental managerplannerfor review prior to removal of any living trees on a woodlot that is not reviewed by another application.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 managerplanner. 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 that all trees that were removed were significant trees. The environmental managerplannermay 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’splanner’sdecision to the environmental commission in writing within fifteen (15) days of the environmental manager’splanner’swritten decision. The applicant may appeal the environmental committeecommission’sdecision in writing within (15) days of the environmental commission’s written decision to city council for final decision. Applicant must first approach environmental managerplannerthen environmental commission before city council will review. Sec. 54. Tree preservation plan.A tree preservation plan is required for any project which requires any land usepermit,gradingpermit, or building permit; excluding the exemptions and exceptions as outlined in Section 18-202(25 (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. All tree replacements will be in addition to landscape tree planting standards. An applicant may request a waiver from the environmental manager from preparation of a tree preservation plan. 1 Sec. 5. Tree preservation plan applicability. 1.This article shall apply to any individual, business, or entity that engagesin 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. 2. The following are exceptions and are exempt from the requirements of the tree preservation plan (Section 4) of this ordinance: b.Minor home additions, general home improvements, and construction of accessory buildings (i.e. garage, shed). c.Tree removal related to public improvement projects to existing roadways, sewers, parks, and utility/infrastructure work or repair. g.d.Emergency removal of a tree(s) to protect public health. e.Restoration of land to native prairie.Prairie restoration must be approved by the environmental planneror city forester. f.Commercial tree nursery and landscape operations. g.Removal of dead or dying trees h.Removal of nonnative trees that the city deemsinvasive species. 3.Tree preservation plans shall include the following: 1a. A tree inventory overlay on the site plan that shows size, species, general health, and location of all significant trees located within the area to be developed or within the parcel of record. Location of groups of standing dead or diseased significant trees shall be noted on inventory overlay. All tree inventories shall be performed by a certified foresterforestryor horticultural professional whose qualifications are approved by the environmental plannerand 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 significantSignificanttrees should be identified on the plan sheet(s) in both graphic and tabular form. Trees growing in clump form are considered individual trees and each stem/trunk is measured as individual trees. b 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 engineering documents such as topography maps, wetland information, grading plans, and road and building locations. 1 4c. A list of total diameter inches of all healthy significant trees inventoried. 5d. The total diameter inches of healthy significant trees removed. 6e. The name(s), telephone number(s), and address(s) of the person(s) responsible for tree preservation during the course of the development project. 7f. 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. 8g. Delineation of all limits of land disturbance, clearing, grading,and trenching. 9h. Locations of the proposed buildings, structures, or impervious surfaces. 10i.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 post construction tree care to mitigate construction damage to include the following: 1)Tree root aeration, fertilization, and/or irrigation systems. 2)Therapeutic pruning. 113). Mitigate soil compaction by the following: a) Mulch drive lanes with eight (8) to ten (10) inches of woodchips. b) Soil fracturing with deep tillage or other similar methods. c) Inclusion of organic matter to existing soil. 3)Core aeration. l. Size, species, number, and location of all replacement trees proposed to be planted on the property in accordance with the tree mitigation/replacement schedule. 12m. Delineate the location of (existing) significant trees that are to be preserved with location and type of protective fencing. 13n. Signature of the person(s) preparing the plan. 1 The tree preservation plan shall be reviewed by the environmental managerplanner, 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. 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 chapterordinance. 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 Restoration prairieor oak savanna habitat. 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 andSaving groups or stands areof trees isencouraged rather than the protection ofover protectingindividual trees scattered throughout athesite. b.Suitable tree protection fencing in activeareas 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.Use of passive forms of tree protection requires approval from environmental managerplannerin writing. Passive forms of tree protection fencing include use 1 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. environmental planner.Once city foresterenvironmental plannerapproves tree protection fencing or devices it must not be altered or removed without prior writtenenvironmental planner 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 removalof 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.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.Post construction tree care to mitigate construction damage must include the following: l.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. 1 . 3)4)Tree root aeration, fertilization, and/or irrigation systems. 4)5)Therapeutic pruning. n.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. 5)Core aeration. o.Transplant existing trees to a protected area for future relocation onto permanent sites within the construction area. 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 city forester or environmental managerplannerthat 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. Tree Removal, Mitigation/, and ReplacementSchedule. 1.Tree Removal Calculation: 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 oftwo (2.0) caliper inches in size. 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 Inchesdiameter inches of Significant Treessignificant treeslost as a result of the Land Alterationland alteration B = Total Diameter Inchesdiameter inches of Significant Treessignificant treessituated on the property. C = Tree ReplacementConstantreplacement constant(1.5) D = Replacement Trees (Numbertrees (numberof Caliper Inchescaliper inches) 1 ((A/B -.20) x C) x A = D Example A = 379 B = 943 C =1.5 D =160 ((379 / 943 – 0.20) x 1.5) X 379 = 114.7 caliper inches The trees required to be replaced pursuant to this chapterordinanceshall be in addition to any other trees required to be planted pursuant to any other provision of city code. 2.Tree Mitigation: Once the total caliper inches for replacement trees are determined, the developer/applicant shall mitigate loss of replacement trees by one or more of the following actions: 1a. Planting replacement trees in appropriate areas within the development in accordance with the tree replacement schedule. b.After putting as many trees as feasible on the site, if the replacement requirement still has not been met, mulched beds of native or drought tolerant shrubs will qualify towards tree replacement at a rate of .5 caliper inches per #2or #3 shrub. c.Planting replacement trees on city property under the direction of the environmental managerplanneror city forester. Must be approved by the environmental planner during the review process prior to issuance of permit(s). 3d. 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 schedulesset forth in the city fee schedule which 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 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.environmental planner. This provision may only apply if all other measures in this ordinance have been exhausted. 3.Tree Replacement: For replacement trees, the following standards shall be met: 1a. The developerapplicantshall be required to maintain trees for two (2) yearsone (1) yearafter planting. Should any tree require replacement during this two (2one (1) year period, the replacement period shall start at the date of replacement. Trees required to be planted pursuant to any other provision of city code are not included in this and must be replaced according to such code. 1 2b. Species requirements: Where ten (10) or more replacement trees areaare required, not more than thirty (30) percent shall be of the same type of tree without the written approval of the environmental manager planner. Tree species native to the Maplewood area are preferred. 3c. 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 managerplanneror 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 surfaceof the surrounding ground). 4d. Tree replacement size must be no less than two (2) caliper inches deciduous or six (6) foot evergreenconifertree unless pre-approved by the environmental managerplanner. Use the following table to convert evergreenconifertrees to caliper inches: EVERGREENCONIFERTREE CALIPER INCHES HEIGHT (FEET) 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. 54. 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 1 by the city until successful completion of final planting inspection.and 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 code or city directive. Sec. 8. Enforcement.The city reserves the right to inspect the construction siteor property 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 conditionsare corrected. A stop work order will be lifted only after approved by environmental managerplanneror 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 developerapplicanthas corrected the violation. Each day that a separate violation exists shall constitute a separate offense. Sec. 9. 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 significant natural 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. 109. Tree Disease Sec. 109-1. Findings and Declarationof 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. 1 Sec. 109-2. 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. Infestationincludes 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. Shade Tree Pest. The Councilcity councilmay 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 shadetree 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. 109-3...Public nuisances. Nuisances. The following are hereby declared nuisances whenever they are found within the Citycity: 1)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 1 (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)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 dead oak tree that, due to its proximityto 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)3.Any living, standing, or dead ash tree (Fraxinus spp.) or part thereof with infestation of Emerald Ash Boreremerald ash borer(Agrilus planipennis). 4)4.Other shade trees or parts thereof infested with epidemic shade tree pests. Sec. 109-4.Inspection. The Tree Inspector or authorized agent 1)1.The city forestershall inspect all premises and places within the city as often as practical to determine whether any condition described in Sec. 10-xx9-3exists thereon. Inspection shall be of living or dead trees, parts of trees, stumps, and firewood. In addition, theTree Inspector or his agentcity 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. The Tree Inspector or authorized agent 2)2.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)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 agentcity 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. 109-5. Abatement of shade tree pest nuisancesShade Tree Pest Nuisances. The Tree Inspector or authorized agent 1)1.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 oftime, not less than ten (10) days from the date of mailing. 2)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 Inspectorcity foresterfinds that Dutch elm disease or oak wilt threatens to cross property boundaries, the Tree Inspectorcity forestermay require root graft disruption to prevent the spread of the disease through roots. The Tree Inspectorcity forestermay require 1 other control measures that are widely accepted to abate the nuisance as needed to prevent the spread of shade tree pests. 3)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/herproperty within the time specified, the Tree Inspector or authorized agentcity forestermay order the work done either bythecity 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, theCitycitymay specially assess the costs against the property. Sec. 109-6. High-cost abatementCost Abatement. If the cost of abating a nuisance will exceed $5000 based on a reasonable, good faith estimate from a Certified Arboristcertified arborist, the owner or occupant may request the matter be referred to the City Councilcity councilfor a hearing. The owner or occupant must notify the Tree Inspectorcity foresterwithin twenty (20)days of the date on the notification letter, provide an estimatefrom a Certified Arborist, and provide in writing a request for exemption and the reasons for exemption. The Tree Inspectorcity 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 Councilcity councilmay modify the abatement notice or extend the time by which abatement must be completed. Sec. 109-7. Transporting Diseased or Infested Wood. It is unlawful for any person to transport within the Citycity any elm wood, oak wood, or ash wood known to be diseased or infested, without having obtained a written permit from the Citycity. Sec. 109-8. 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.-9No interferenceInterferencewith Tree Inspectorcity forester. It is unlawful for any person to prevent, delay,or interfere with the Tree Inspector or his agentscity foresterwhile they are engaged in the performance of duties imposed by this chapterordinance. 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. Generaltypesof work. Beforeanypersonshall engage inthebusiness of doing or performinginthecityanyofthe following various typesofworkheshallfirstobtain a license or registerto do soasprovidedin thisarticle: 1.Cementwork,cement blockwork, cementblocklayingor brickwork. 2.Generalconstruction,includingerection,alteration or repairofbuildings. 1 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. Treeservicecompanies.(pruning, removal,treatment, or care). 15. Elevators. Sec. 12-208. Applicationforandissuance of license;licensefees;registrationrequired. 1.Applicationforanylicenserequiredbysection 12-207shallbefiledwiththecityclerkon theappropriateformfurnishedbythecity.Anylicenserequiredbysection 12-207shallbe issuedbythecityclerk. 2.Thelicensefee for anylicenserequiredbysection 12-207shallbeimposed,set,established andfixedbythecitycouncil,byresolution,fromtimetotime. 3.Plumbers,buildingmoversorothercrafts,whicharelicensedbythestateandwhichthecity isprohibitedfromlicensing,who undertake toperformworkandobtainpermitswithinthe cityshallfirstregisterwiththecityclerkandshall provide proof of publicliabilityinsurance asrequiredbythisarticle.Suchstate-licensedcontractorsshallalso provide anyadditional insurance or indemnity bond requiredbythecitycouncilbyresolutiontoprotectpropertyof thecitywhensuchworkisbeing done inor upon anycitystreetorotherpublicright-of-way or upon anyofthecity-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. 1 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.No proratedlicensefeeshallbeallowedforrenewals. Sec.12-212. Workcovered under licenseissuedtogeneralcontractors;requirements of subcontractors. 1. A licensegranted undersection 12-207to a generalcontractorshallincludetherightto performalloftheworkincludedinhisgeneralcontract.Suchlicenseshallincludeanyorall of thepersonsperformingtheworkwhichisclassifiedandlistedinsection 12-207, providingthateachpersonperformingsuchworkisintheregularemployofsuchgeneral 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,fromneedingthelicensefordoing 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. 1 . . . . 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 licenseesperforming 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). 1 Agenda Item 8.a. MEMORANDUM TO: FROM: DuWayne Konewko, Parks and Recreation Director SUBJECT: Approval of Access Agreement with MPCA for Installation of Monitoring Wellat Geranium Park DATE: Apri, 2014 Introduction The Minnesota Pollution Control Agency (MPCA) is requesting City approval for the installation of a monitoring well at Geranium Park. This monitoring well and others across the statewill become part of MPCA’s Enhancing Ambient Groundwater Quality Monitoring Program in Minnesota. The program is funded through the Clean Water, Wildlife, Cultural Heritage and Natural Areas Amendment – Legacy Amendment approved in 2008. I have attached a copy of the MPCA fact sheet for your review that describes theprogram inmore detail (attachment 1). The proposed monitoring well islocatedin the northeast corner of Geranium Park.Staff will be working directly with MPCAand its contractor to identify the exact location of the well. Staff wants to ensure that the location of the monitoring well will not disrupt or compromise the use of the park. It’s anticipated, pending council approval, that the well will be installed sometime this spring. The MPCA will be responsible for obtaining all permits and will also contact the utility companies prior to drilling the well. Inorder for the MPCA toproceed with the installation ofthemonitoring well, a Property Access Agreement with the City mustbesecured. Attached isa draft copy oftheproposed MPCA Property Access Agreement with the City of Maplewood for your review (attachment 2). City Attorney Mr. Kantrud has reviewed the agreement. Recommendation MPCAProperty Access Agreement with the City of for the purpose installing agroundwater monitoring well at Geranium Park. Attachments Enhancing Ambient Groundwater Quality Monitoring in Minnesota Fact Sheet. 1. 2. MPCA Property Access Agreement with the City of Maplewood. Attachment 1 Enhancing Ambient Groundwater Quality Monitoring in Minnesota For the Clean Water Land and Legacy Amendment Water Quality/Ambient Monitoring #1.05 December 2009 G sand and gravel and Prairie du Chien-Jordan round water provides drinking water to aquifers. Both of these are heavily used for about 75 percent of Minnesotans and drinking water. Assessments of agricultural contributes water to stream, rivers, chemicals are performed by the Minnesota lakes, and wetlands. The Minnesota Pollution Department of Agriculture. Control Agency (MPCA) monitors the quality of our groundwater and protects it from For More Information A network of shallow wells tapping the water contamination in cooperation with other state table is monitored by the MPCA as an early For additional information and local agencies. warning network in the surficial sand and about the MPCAÓs gravel aquifers. Groundwater near the water ambient groundwater What Is Ambient Monitoring? table typically is not used as a source of potable quality monitoring water supplies and likely does not reflect the network, contact the Ambient monitoring is one important quality of water people are consuming, but any MPCAÓs Ambient component of the MPCA’s groundwater changes in groundwater quality will be detected Groundwater Monitoring protection efforts. Data collected from ambient first in these wells. The early warning network Coordinator in the monitoring activities provide information about detects whether human activities may be Environmental Analysis the general quality of Minnesota’s groundwater affecting groundwater quality. and Outcomes Division at and helps identify whether the quality is getting 651-296-6300 or better, worse, or not changing. Ambient The MPCA is enhancing its early warning 800-657-3864. monitoring involves the sampling of network to improve the assessment of groundwater across large geographic settings groundwater quality conditions and trends and provides a large-scale or “big picture” view across the state. The agency will be installing of groundwater quality conditions across the additional monitoring wells and focuses on state. Ambient monitoring is not conducted typical urban land use settings. The newly- where there is known contamination. constructed wells will be sampled annually for non-agricultural chemicals. How Is This Information Used? Clean Water Land and Legacy Data collected from MPCA ground water Amendment investigations is valuable to drinking water protection efforts. This data informs the state’s Enhancements to the MPCA’s ambient drinking water supply protection efforts, groundwater quality monitoring network are identifies threats to groundwater quality, and funded through the Clean Water, Wildlife, guides the development of best management Cultural Heritage and Natural Areas practices to avoid future groundwater impacts. Amendment .On November 4, 2008, Minnesota These data are available on-line through the voters approved this amendment which MPCA’s Environmental Data Access system. increased the sales and use tax rate by three- eighths of one percent on taxable sales through MPCA’s Ambient Groundwater 2034. Part of these funds are used to protect, Monitoring Network enhance, and restore the groundwater, with at least five percent of the funds targeted to The MPCA’s ambient monitoring network protect drinking water source. focuses on determining the amount of non- agricultural chemicals in the aquifers that are most susceptible to pollution from human activities. The network focuses on the surficial wq-am1-05 651-296-6300 ¤ 800-657-3864 ¤ TTY 651-282-5332 or 800-657-3864 ¤ Available in alternative formats Minnesota Pollution Control Agency ¤ 520 Lafayette Rd. N., St.www.pca.state.mn.us Attachment 2 MPCA PROPERTY ACCESS AGREEMENT WITH CITY OF MAPLEWOOD 1.Purpose of Agreement.As part of its duties under state law, the Minnesota Pollution ControlAgency (MPCA) maintains a network of groundwater monitoring wells to monitor the quality of the groundwater in Minnesota. Information on the groundwater monitoring network is availableat http://www.pca.state.mn.us/index.php/water/water-types-and-programs/groundwater/groundwater- monitoring-and-assessment/index.html. The MPCA is seeking to install additional wells to add to its network in Geranium Park, 2568 Geranium Avenue East, Maplewood Minnesota, Ramsey County. The City of Maplewood owns property in thetargeted area that the MPCA has determined would be suitable for the installation of groundwatermonitoring wells that would be part of the MPCA’s groundwater monitoring network. 2.Parties. This agreement is between the MPCA andthe City of Maplewood (the "Property Owner") where the MPCA wouldlike to install monitoring wells. 3.Authority. The MPCAisauthorized to enter any property, public and private, for the purposeof conducting surveys under Minn. Stat. § 115.04, subd. 3. The Property Owner has the duty to cooperate withthe MPCA under Minn. Stat. § 115.06. 4.Consent to access. The Property Owner hereby authorizes the MPCA, its employees and agents, to enter the Properties shown on attachment 1 (maps of well locations) for thepurpose of: 1)installing asingle groundwater monitoring well and/or protective posts at eachlocation shown on attachment 1; and 2)collecting groundwater samplesfrom the monitoring wells on an annual basis until this Agreement is terminated. 5.Pre-installation meeting.The MPCAor its designated representative will meet with the designated Property Owner’s designated contact person at least two weeks before the installation. At this time, the MPCA or its designated representative will provide the Property Owner withthe name of the MPCA’s contractor, and the PropertyOwner will provide the MPCA with information concerning any hours or operationrestrictions or other policies that might be applicable. The MPCA or its designated contactor is aware of and complies withProperty Owner ordinances on representative will ensure that its noise and hours of operation. At the meeting, the MPCA orits designated representative and the Property Owner will identify a specificmutually agreeable location within each designated property on attachment 1 for the monitoring well. 6.Contacts.The MPCA's project manager and contact is Sharon Kroening (phone: 651-757-2507, email:sharon.kroening@state.mn.us). The contact person for the Property Owner shall be the DuWayne Konewkoor his designee, currently at 651.249.2330 or DuWayne.Konewko@ci.maplewood.mn.us 7.Permits,required actions. The MPCA will be responsible for obtaining all permitsand providing notices to utilities related to the installation. The MPCA'sconsultant willcoordinate all contractors involved in installation,including locating all utilities prior to well installations and completing all Minnesota Department of Health permits required toinstall the wells. These permits and notices will be available to the Property Owner upon request. Attachment 2 8.Accessrelated to well installation;notice. The Property Owner understandsand agrees that the wellinstallations willrequire three separate sitevisits. Allburied utilities will be located during the first site visit. This will take approximately 1-2 hours to complete and will be done prior to the well installations. The wells will be drilled during secondsite visit, which will take approximately one working day to complete. The wells will be prepared for water sample collectionduring the final site visit. This involves pumping water from the wells and monitoring its quality. These activities will take one-half day to complete and will be performed no sooner than 24 hours after well installation. The MPCA will require its contractor to provide notice to the Property Owner at least 48 hours before each of these activities is scheduled. The Property Owner is welcome to observe these activities. 9.Accessrelated to sampling; notice of sampling. After installation, the MPCA will sample the monitoring wells once a year. Sampling will involve pumping water from the wells, collecting field measurements of the water, and collecting samplesfor later laboratory analysis. Sampling will take between 1 to 2 hours to complete. The MPCA or its consultant will notify the Property Owner at least 48 hours before entering the Property for the purpose of sampling. The PropertyOwner is welcome to observe the sampling. 10.Hours of work. All work under thisaccessagreementwill be conducted during regular business hours(Monday thru Friday 8:00 AM to 5:00 PM) unless the MPCA or its consultant receives written permission from the Property Owner to conduct work during different hours. 11.Disturbance of property. The well installations and sampling will be performed by the MPCA ina manner which minimizes interference with the PropertyOwner's use of the Property. If the MPCA's activities disturb any portion of the Property, the MPCA will restore the property to as close to its original condition as is reasonablypossible under the circumstances. 12.Samplingresults.The MPCA shall provide copies of the results of all sampling conducted on the Property to the Property Owner after test validations. The data collected from the monitoring wellson the Property will be public information. 13.Liability. The MPCA will be liable for injury to or loss of property or personal injury or death caused by any act or omissionof any employee of the State of Minnesota in the performance of the work described above, under circumstances where the State of Minnesota, if a private person, would be liable to the claimant, in accordance withMinn. Stat. § 3.736. Attachment 2 14.Termination. Thesemonitoring wellsare part of a network designed to provide long-term information aboutMinnesota's groundwater quality. It is the MPCA's intention to maintain these monitoring wells and to monitor them indefinitely. This agreement, however, can be terminated by either party (MPCA or Property Owner) with 60 dayswritten notice to the other party. The Property Owner understands that, should either party decide to terminate this agreement, state lawrequires proper closure of the wells.The MPCAwill be responsible for all costsand activities associated with closure of each monitoring well. The Property Owner agrees and understands that, to close the wells, it will be necessary to provide access to the MPCA for the purposeof well closure, and the Property Owner hereby agrees to provide that access, conditioned only on 48 hours written notice. 15.Saleof Property. If the Property Owner sellsthe Property, the PropertyOwner agrees that it shall notify the buyer of this access agreement and provide the MPCA withnotice and an opportunity to reach agreement withthe buyer under which continued access for sampling will be allowed. Property Owner:City of Maplewood MINNESOTA POLLUTION CONTROL AGENCY , KatrinaKesslerBy:Nora Slawik Manager,WaterAssessmentandIts:Mayor, City of Maplewood EnvironmentalInformationSection Date: Date: Approved as to Form: By: Alan Kantrud, Maplewood City Attorney