HomeMy WebLinkAbout2014-09-15 ENR Packet
AGENDA
CITY OF MAPLEWOOD
ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION
September 15, 2014
Council Chambers - Maplewood City Hall
1830 County Road B East
6 to 7 p.m. - Recycling Workshop
7 p.m. – Environmental and Natural Resources CommissionMeeting
1.Recycling Workshop(6 to 7 p.m.)
2.Environmental and Natural Resources Meeting (7 p.m.)
a.Roll Call
b.Approval of Agenda
c.Approval ofMinutes:August 18, 2014
d.Unfinished Business
1)Tree Ordinance
e.New Business
f.Visitor Presentations
g.Commission Presentations
h.Staff Presentations
1)Commission Appointments
2)Maplewood Nature Center Programs
i.Adjourn
Agenda Item 1
MEMORANDUM
TO:
Environmental and Natural Resources Commission
FROM:
Shann Finwall, AICP, Environmental Planner
DATE:
September 10, 2014 for the September 15 ENR Commission Meeting
SUBJECT:
Recycling Workshop
Introduction
Maplewood’s contract with Tennis Sanitation, LLC, for City-wide residential recycling service
requires them to submit a yearly work plan. The work plan outlines strategies for improving the
City’s recycling program. The 2014 Recycling Work Plan includes recycling education as
follows:
1.Tour of Tennis’ recycling facility for the Environmental and Natural Resources (ENR)
Commission.
2.Workshop with the ENR Commission to discuss recycling education, recycling markets,
and ways for the City to improve its recycling program.
3.Assist the City in the creation of a public service announcement or cable program which
highlights the City’s recycling program.
Background
On June 25, 2014, Tennis hosted a tour of their recycling facility. City Council members, ENR
Commission members, and staffattended the tour. Government Television Network videotaped
the tour. During the September 15 Commission meeting representatives from Tennis will be
available to discuss recycling education, recycling markets, and ways for the City to improve its
recycling program. Videotape of the tour and workshop will be edited and used for an upcoming
Spotlight on Maplewood cable program.
Recommendation
During the September 15 ENR Commission meeting representatives from Tennis Sanitation,
LLC, will beavailable to discuss recycling education, recycling markets, and ways for the City to
improve its recycling program.
Agenda Item 2.c.
MINUTES
CITY OF MAPLEWOOD
ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION
7:00 p.m., Monday,August 18, 2014
Council Chambers, City Hall
1830 County Road B East
1.CALL TO ORDER
A meeting of the Environmental and Natural Resources Commission was called to order at 7:05
p.m.by Chair Palzer.
2.ROLL CALL
Randee Edmundson, CommissionerPresent
Absent
Deborah Fideldy, Commissioner
Judith Johannessen, CommissionerPresent
Ann Palzer, ChairPresent
Cindy Schafer, CommissionerPresent
Dale Trippler, Vice ChairPresent
Ginny Yingling, CommissionerPresent
Staff Present
Shann Finwall, Environmental Planner
City Council Liaison Present
Kathleen Juenemann, City Councilmember
3.APPROVAL OF AGENDA
Commissioner Tripplermoved to approve the agenda as submitted.
Seconded by CommissionerJohannessen.Ayes – All
The motion passed.
4.APPROVAL OF MINUTES
CommissionerTripplermoved to approve the July 21, 2014, Environmental and Natural
Resources Commission meeting minutes as submitted.
Seconded by CommissionerEdmundson.Ayes – All
The motion passed.
5.NEW BUSINESS
a.2015 –2019 Capital Improvement Plan
i.Environmental Planner Finwall introduced the 2015 – 2019 Capital Improvement
Plan (CIP) and answered questions of the Commission.
ii.City Councilmember Kathleen Juenemann addressed and answered questions of
the Commission regarding the CIP.
August 18, 2014 1
Environmental and Natural Resources Commission MeetingMinutes
The Commission made the following comments and suggestions:
Park Upgrades to Existing Parks: Why are community field upgrades, equipment,
fences, courts added to the CIP when the City is currently working on a Parks Master
Plan? How do we know what needs to be upgraded prior to the completion of the
plan?
Parks System Plan: The project states that the Parks System Staff will be working
with the residents and businesses to develop the plan. The City Council appointed a
Parks Task force to review the Parks Master Plan. Information regarding the Task
Force’s oversight and recommendations should be added to this section.
EAB Ash Tree Removal and Planting: Should the City include funding for possible
EAB infestations in 2015?
Projects Deferred/Declined: Sidewalk and Trail Improvements states that a funding
source needs to be found for these projects. Options being looked at are establishing
Sidewalk Improvement Districts or implementing a franchise fee. Additional
information should be added about franchise fees and how they work.
CommissionerYinglingmoved toapprovethe 2015 – 2019 Capital Improvement Plan with
changes and recommendations made at the August 18, 2014, ENR Meeting.
Seconded by CommissionerTrippler.Ayes – All
The motion passed.
The Commission appointed Commissioner Trippler torepresent the Commission at the
September 8, 2014, City Council meeting.
6.UNFINISHED BUSINESS
a.Tree Ordinance
i.Environmental Planner Finwall gave an update on the Tree Ordinance.
The Commission made the following comments and suggestion:
Specimen trees –
Allow credit in the tree replacement calculation for developments that preserve
o
specimen trees.
Addlanguage in the purpose and specimen tree definition on why we value
o
specimen trees and want to save them.
Require threeyear maintenance for replacement trees.
Environmental Planner Finwall indicated that the changes would be made and a revised
ordinance would be brought before the Commission in September.
7.VISITOR PRESENTATIONS
City Councilmember Kathleen Juenemann addressed the Commission. Councilmember
Juenemann asked the Commission to be as specific as possible with language proposed for the
tree ordinance. That will ensure an easy review process by the City Council. She also askedif
the Commission could begin a review of the City’s landscape ordinanceto make
recommendations. In particular when reviewing development proposals the City should work with
the developer to move and reuse trees on site or on a different site if possible, rather than just
cutting down the tree and replacing with smaller trees. Developing partnershipswith developers
is a better way of reviewing a development proposal rather than just telling them what to do.
August 18, 2014 2
Environmental and Natural Resources Commission MeetingMinutes
Councilmember Juenemann thanked the Commission as they serve a very important role in the
City.
8.COMMISSION PRESENTATIONS
None.
9.STAFF PRESENTATIONS
a.Environmental and Natural Resources Commission Openings
Environmental Planner Finwall stated Commissioners’ Johannessen and Schafer are not
renewing their reappointment terms on the Commissionwhich end September 30, 2014.
Application deadline for new members is September 12, 2014.
b.Nature Center Programs
Environmental Planner Finwall presented the upcoming Nature Center Programs. For
more information visit the Nature Center webpage at www.ci.maplewood.mn.us/ncor
contact theNature Center at (651) 249-2170.
10.ADJOURNMENT
Chair Palzer adjourned the meeting at 8:35p.m.
August 18, 2014 3
Environmental and Natural Resources Commission MeetingMinutes
Agenda Item .d.1.
MEMORANDUM
TO:
Environmental and Natural Resources Commission
FROM:
Shann Finwall, AICP, Environmental Planner
SUBJECT:
Tree Ordinance
DATE:
September 11 for the September 15, 2014ENR Commission Meeting
INTRODUCTION
The City’s tree ordinance was adopted by the City Council in 2006. The Environmental and
Natural Resources (ENR) Commission has been reviewing the tree ordinance to ensure the
City’s Living Streets policies are met and propose updates to meet the City’s tree preservation
goals.
DISCUSSION
In August the Commission recommended the following changes to the ordinance:
Specimen trees –
Allow credit in the tree replacement calculation for developments that preserve
o
specimen trees.
Add language in the purpose and specimen tree definition on why we value
o
specimen trees and want to save them.
Require threeyear maintenance for replacement trees.
These changes and additional staff changes have been made to the ordinance(Attachment 1).
One staff change to note for discussion is the addition of tree standards. Thetree standards
would be similar to the City’s engineering and solid waste management standards and would
allow flexibility in managing trees. Standards could include items such as:
Process for managing resident concerns about tree disease, hazards, nuisances.
Detailed requirements for tree plan submittals (currently outlined in the ordinance).
Management of the City’s tree fund.
Staff will draft these standards and present them to the Commission in October.
RECOMMENDATION
Review the tree ordinance amendmentsand offer comment and feedback. Staff will draft tree
standards for review by the Commission in October.
Attachment:
1.Tree Ordinance (Comparison of August and September)
Attachment 1
Tree Ordinance
Draft for the AugustSeptember 2014 ENR Commission Meeting
This section moves Chapter 38 (Trees) to Chapter 18 (Environment), Article V
(Environmentand Natural Resources), Division 3 (Trees)and revises and adds new
language as outlined below:
Article V. Environment and Natural Resources
Division 3. Trees
Sec. 1.Findings and Purpose.
The city desires to protect the trees and woodlands in the City of Maplewood. Trees and
woodlands provide numerous environmental, economic, and scenic benefits. They help filter air
pollutants, absorb stormwater runoff, provide wildlife habitat, moderate temperatures, reduce
cooling costs,increase property values, provide scenic beauty, provide sound and visual buffers,
and provide screening for privacy. It is therefore the city’s intent to protect, preserve, and
enhance the trees and woodlands of Maplewood and to encourage a resourceful and prudent
approach to development in the city thereby promoting and protecting public health, safety, and
welfare of the citizens of Maplewood. The purpose of this ordinance is to establish tree
preservation and protection regulations to assure the continuance of significant and specimen
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.PreventHelp 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.
8. Ensure the city’s urban forest has a good age distribution, from young trees through large
old specimen trees.
Sec. 2. Definitions.
The following words, terms and phrases shall have the meanings ascribed to them in this
ordinance.
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Applicantmeans developer, builder, contractor,or homeowner who applies for a woodlot
alteration, land use, grading, or building permit.
Caliperinchis a measurement used for nurserystockand in this ordinance refers to replacement
trees. It is theunit of measurement for defining thediameter of the tree trunk measured six (6)
inches above the soil surfacefor treetrunksfour (4) diameter inches or less and measured twelve
(12) inches above the soil surface for tree trunks greater than four (4) diameter inches.
Certified Arborist is an arborist with up-to-date certification by the International Society of
Arborists.
City Forestermeans a forester who is employed by the city or appropriate agent or independent
contractor designated by the citymanager.
Conifer Tree means a woody plant that is a member of the division PhinophytaPinophytaand 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 calledlarch) is the
one conifer in our climate that drops its needles in the fall.
Controlincludes measures to prevent, slow the spread, suppress, eradicate,or destroya shade
tree diseaseor pests.
Critical Root Zone (CRZ)means an imaginary linear circle surrounding the tree trunk with a
radius distance of one and one half (1-1/2) foot per one (1) inch of tree diameter (e.g., a sixteen
(16) inch diameter tree has a CRZ with a radius of sixteen (16twenty four (24) 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 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 Plannermeans an employee of the city who manages city-wide environmental
programs, or appropriate agent designated by the city manager.
Hardwood Deciduous Tree meansalldeciduous tree species except those listed as softwood
deciduous trees below.
Hazard tree means a tree that has structural defects that may cause the tree or tree part to fail,
and the city forester determines that such failure could cause property damage or personal injury.
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Infestationincludes actual, potential, incipient, 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.
Major Home Additionmeans an addition on a single or double dwelling lot of which the addition
or accessory building is more than a sixty (60) percent increase in the footprint of the single or
double dwelling structure on said lot.
Minor Home Addition means an addition on a single or double dwelling lot of which the addition
or accessory building is less than a sixty (60) percent increase in the footprint of the single or
double dwelling structure on said lot.
Native Prairiemeansa landscape or planting that consists predominantly ofgrasses, flowers, and
sedges that are native to Minnesota prairie ecosystems.
Retaining Wallmeans a structure utilized to hold a slope in a position in which it would not
naturally remain.
ShadeTreemeans a woody perennial that at maturity is at least fifteen (15) feet in height and
grown primarily for aesthetic or environmental purposes.
Shade Tree Pest means any vertebrate or invertebrate animal, plant pathogen, or plant that is
determined bythe city council to be harmful, injurious, or destructive to shade trees or
community forests.
Specimen Tree is a tree of any species that is twenty-eight (28) inches in diameter or greater,
except invasive species. Specimen trees must have a life expectancy of greater than ten (10)
years, have a relatively sound and solid trunk with no extensive decay or hollow, and have no
major insect or pathological problem. Specimen trees are also considered Significant Trees.
Significant Tree means a healthy tree measuring a minimum of six (6) inches in diameter for
hardwood deciduous trees, eight (8) inches in diameter for conifer trees, twelve (12) inches in
diameter for softwood deciduous trees, and specimen tree of any species twenty-eight (28) inches
in diameter or greater as defined herein. Buckthorn or other noxious woody plants or trees as
determined by the environmental plannerare not considered a significant tree species at any
diameter.
Slope means the inclination of the natural surface of the land from the horizontal; commonly
described as a ratio of the length to the height.
Softwood Deciduous Treemeans the followingtree species: box elder, cottonwood, elm,
poplar/aspen, silver maple, and willow.
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Specimen Tree is a tree of any species that is twenty-eight (28) inches in diameter or greater,
except invasive species. Specimen trees must have a life expectancy of greater than ten (10)
years, have a relatively sound and solid trunk with no extensive decay or hollow, and have no
major insects, pathological problem, or defects. Specimen trees are valued for their size and
their legacy.
Structure means anything manufactured, constructed, or erected which is normally attached to or
positioned on land, including portable structures.
Tree Preservation Planis a plan that shows all trees in the area to be developed or within the
property. The plan shallinclude all significantand specimentrees to be preserved and measures
taken to preserve them. The plan will also include calculations to determine the number of
replacement trees as required by the tree mitigation schedule and a proposed re-forestation
landscape plan.The plan shallbe developed by a forestry or horticultural professional whose
qualifications are approved by the environmental planner.
Utility means electric, telephone, telegraph, cable television, water, sanitary or storm sewer, solid
waste, gas or similar service operations.
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
significantand specimentree(s).
Sec. 3.Woodlot Alteration.
1.Woodlot alteration permit. A woodlot alteration permit application shall be submitted to
the environmental planner for review prior to removal of any significant living trees on a
woodlot that is not reviewed by another land use, grading, or building permit.The
applicant shall submit a tree plan and any other information needed to determine
compliance with this ordinance. Specific requirements shall be stated on an application
form in the office of the environmental planner. An application fee shall be established
yearly by the city council by resolution. Failure to submit a woodlot alteration permit
application and subsequent approval prior to removal of significant trees will result in the
total tree replacement for the propertyas outlined in the tree mitigation/replacement
scheduleto assume that all trees removed were significant or specimen trees.
2.Woodlot alteration permit appeal process. If the woodlot alteration permit is deniedby
the environmental planner, the applicant may appeal the environmental planner’s
decision. The appeal shallbe submitted in writing,along with the reasons for the appeal,
and received by the cityin writing within fifteen (15) days of the environmental planner’s
written decisionto deny the permit.The environmental commission will review the
appeal at its next available commission meeting. If the environmental commission denies
the appeal, the applicant may appeal the environmental commission’s decision. The
appeal shallbe submitted in writing, alongwith the reasons for the appeal,and received
4
by the city in writing within fifteen (15) days of the environmental commission’s
decision. The city council will review the appeal at its next available city council
meetingfor final decisionof the appeal.
Sec. 4. Tree preservation plan.
A tree preservation plan is required for any project which requires a woodlot alteration, land use,
grading, or building permit; excluding the exemptions and exceptions as outlined in item 1 (Tree
preservation plan applicability).A tree preservation plan shall reflect the applicant’s best effort
to determine the most feasible and practical layout of buildings, parking lots, driveways, streets,
storage,andother physical features, so that the fewest significant and specimen trees are
destroyed or damaged and to minimize the negative environmental impact to the site.
1.Tree Preservation Plan Applicability
a.This ordinanceshall apply to any individual, business, or entity that requests a
woodlot alteration, land use, grading, or building permit. This includes all sites of
new development that contain significant or specimen trees or woodlots. Platting
and adding new roadway and right-of-way are subject to this ordinance.
b.The following are exceptions and are exempt from the requirements of the tree
preservation plan of this ordinance:
1)Minor home additions, general home improvements, and construction of
accessory buildings (i.e. garage, shed).
2)Tree removal related to public improvement projects to existing roadways,
sewers, parks, and utility/infrastructure work or repair.
3)Emergency removal of a tree(s) to protect public health.
4)Restoration of land to native prairie. Prairie restoration shallbe approved
by the environmental planner.
4)Tree removal related to public improvement projects to restore or enhance
woodlands, savannas, or prairies.
5)Commercial tree nursery and landscape operations.
6)Removal of dead or dying trees, unless those trees were planted as part of
tree replacement in which case they shallbe replaced based on the
approved plan.
7)Removal of nonnative trees that the city deemsinvasive species.
c.Tree preservation plans shall include the following:
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1)A tree inventory overlay on the site plansthat shows size, species, general
health, and location of all significant and specimen trees located within the
property where significantand specimentree removal is proposed.The
tree inventory plan:
a)Shallbe drawn at the same scale as the other site plan submittals
and shallcoincide with required engineering documentssuch as
topography maps, wetland information, grading plans, road
locations,and building locations;
b)Shallinclude trees growing in clump form. These trees will be
considered individual trees and each stem/trunk is measured as
individual trees.
c)Include the location of groups of standing dead or diseased
significant or specimen trees.
d)Include the outer boundaries of all contiguous wooded areas, with
a general description of trees not meeting the significant or
specimen tree size threshold and any indication of the presence of
epidemic tree diseases.
e)Include significantand specimentrees (species and diameter)
identified in both graphic and tabular form.
f)Include locations of the proposed buildings, structures, or
impervious surfaces.
g)Include delineation of all limits of land disturbance, clearing,
grading, and trenching.
2)A list of total diameter inches of all healthy significantand specimentrees
inventoried.
3)The total diameter inches of healthy significantand specimentrees
removed.
4)Location of trees protected and the proposed measures for protection
including delineation of tree protection fencing, tree protection signs,
location for material storage, parking, debris storage, and wash out area
for redi-mix trucks.
5)Protection measures for replacement treesbeing plantedin areas with high
deer population.
6
6)The name(s), telephone number(s), and address(s) of the person(s)
responsible for tree preservation during the course of the development
project.
7)Size, species, number,and location of all replacement trees and woody
shrubs proposed to be planted on the property, planted on city property, or
amounts to be paid into the city’s tree fund in accordance with the tree
mitigation/replacement schedule.
8)All tree preservation plans shall be performed by a forestry or horticultural
professional whose qualifications are approved by the environmental
planner.
9)The tree preservation plan shall be reviewed by the environmental planner,
with advisement from the city forester,for compliance with this ordinance.
Reasons for denial shall be noted on the tree preservation plan, or
otherwise stated in writing.
2.Tree Preservation and Safeguarding Tree Measures
a.All developments within the city shall be designed to preserve significantand
specimentrees and woodlots, where such preservation would not adversely affect
the public health, safety,or welfare of Maplewood citizens. The city may prohibit
removal of all or a part of a woodlot or significant or specimen treessubject to the
limitations as defined in this ordinance. This decision shall be based on,but not
limited to,the following criteria:
1)Size of trees.
2)Size of lot.
3)Species, health, and attractiveness of the trees, including:
a)Sensitivity to disease.
b)Life span.
c)Nuisance characteristics.
d)Sensitivity to site grading.
e)Potential for transplanting.
f)Need for thinning a woodlot.
g)Effects on the functioning of a development.
h)Fragmentation of wooded area and effects on wildlife corridors.
i)The public health, safety,and welfare.
j)Effect on wetlands and/or watershed.
k)Native prairieor oak savanna habitat.
b.Safeguardingb.The following measures are required for safeguarding
preserved trees:
7
1)Tree protective areas shall be located at a minimum of the CRZ of trees or
drip line, whichever is greater,whenever possible.Saving groups or
stands of trees is encouraged over protecting individual trees scattered
throughout the site.
2)Suitable tree protection fencing in active areas includes use of orange
polyethylene laminar safety fencing or woven polyethylene fabric (silt
fencing).Fencing shallbe self-supportive. All active tree protection areas
shall be designated as such with “Tree Save Area” signs that are posted
and readable from at least ten (10) feet away.
3)Use of passive forms of tree protection requires approval from
environmental plannerin writing. Passive forms of tree protection fencing
include use of continuous rope or flagging (heavy mil plastic four (4)
inches or wider) with visible signage stating “Keep Out”or “Tree Save
Area”.
4)Signs requesting subcontractor cooperation and compliance with tree
protection standards are required at site entrances.
5)No construction work shall begin until tree protection fencing has been
installed, inspected, and approved by the environmental planner. Once
environmental planner approves tree protection fencing or devices it shall
not be altered or removed without environmental planner approval.
6)Tree protection fencing shall be maintained and repaired by the applicant
for the duration of construction. No grade change, construction activity,
storage or staging of materials shall occur within this fenced area.
7)Custom grading, retaining walls,or tree wells to maintain existing grade
for preserved trees can be used.
8)Layout of the project site utility and grading plans shallaccommodate the
tree preservation areas. Utilities are recommended to be placed along
corridors between tree preservation areas and use of common trenches or
tunnel installation if possible.
9)Minimize tree wounding by felling or removing trees away from trees
remaining on site.
10)Construction site activities such as parking, material storage, concrete
washout, placement of holes, etc., shall be arranged so as not to encroach
on tree protection areas.
1111)Measures such as deep mulching may be required in some situations.
8
12)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
fresh wounds shall be covered with nontoxic tree wound sealant or latex
paint.
1213)Failure to safeguard trees as outlined above will result in the city issuing a
stop work order for the development or issuing citations per city code.
c.PostThe city may require postconstruction tree care mitigation for trees protected
shall be identified on the plan as follows:to include:
1)Tree root aeration, fertilization, and/or irrigation systems.
2)Therapeutic pruning.
3)Mitigate soil compaction bythe 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.
4)Core aeration.
d.If any significantor specimentree designated as preserved (protected) in the
approved tree preservation plan is cut, damaged, or encroached upon by grading
equipment or during the construction process without city authorization and if it is
determined by the city forester or environmental plannerthat the damaged tree(s)
will not survive, the said damaged tree(s) shall be removed by the applicant at
their expense and replacement tree(s) required at a rate of two (2) times the tree
mitigation/replacement formula.
3.Tree Removal, Mitigation, and Replacement
a.Tree Removal Calculation: If less than twenty percent (20%) of the total
significant and specimen tree diameter inches on the property is removed, the
applicant shall replace one (1) tree per significantor specimentree removed. Tree
replacement shall be a minimum of two (2.0) caliper inches in size.
If twenty percent (20%) or more total significant and specimen tree diameter
inches isareremoved, applicant shall mitigate all significantand specimen
diameter inches using the tree mitigation/replacement schedule in accordance
with the following formulas:
A = Total diameter inches of significant trees lost as a result of the land
alteration(includes significant and specimen trees)
B = Total diameter inches of significant trees situated on the property
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C = Tree replacement constant (1.5)
*
D=Total diameter inches of specimen trees saved
E=Replacement trees (number of caliper inches)
[([((A/B -.2) x 1.5])x A=]–[D/2] =E
*
Applicant receives credit for each 1 caliper inch of specimen tree saved at a rate
of .5 caliper inches.
Example
A = 37994
B = 943234
C =1.5
D =114.8 caliper inches28
[(379 / 943 –.2) x 1.5]x379 = 114.E = 7 caliper inches
[((94/234–.2) x 1.5)x94] –[28/2]=14caliper inches
The trees required to be replaced pursuant to this ordinance shall be inaddition to
any other trees required to be planted pursuant to any other provision of city code.
b.Tree Mitigation: Once the total caliper inches for replacement trees are
determined, the applicant shall mitigate loss of significant and specimen trees by
planting replacement trees in appropriate areas on the property in accordance with
the tree replacement scheduleand tree preservation plan.After putting as many
trees as feasible on the site, if the replacement requirement is still not met, the
environmental planner can approve the following replacement steps prior to
issuance of a grading or building permit:
1)Native or drought tolerant shrubs that are not required as part of
foundation, screening, or other city-required plantings will qualify towards
tree replacement at a rate of .5 caliper inches per number three (#3)shrub.
2)Planting replacement trees on city propertyunder the direction of the
environmental planner.
3)Paying the city a sum per diameter inch in accordance with the tree
replacement scheduleset forth in the city fee schedule.Payment shall be
deposited into an account designated specifically for tree planting on
public propertyor providing financial assistance for properties that want to
voluntarily plant trees or need to remove diseased trees.
c.Tree Replacement: For replacement trees, the following standards shall be met:
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1)The applicantshall be required to maintain trees for one (1) yearthree (3)
yearsafter planting. If any tree requiresreplacement during this one
(1three(3) year period, the replacement period shall start at the date the
replacement tree was planted. Trees required to be planted pursuantto
any other provision of the city ordinances are not included in this and shall
be replaced according to such ordinance.
2)Species requirements: Where ten (10) or more replacement trees are
required, not more than thirty (30) percent shall be of the same type of tree
without the written approval of the environmental planner. Tree species
native to the Maplewood area are preferred.Species considered invasive
by the environmental planner shall not be planted.
3)Sources of trees: Replacement trees shall consist of certified nursery stock
as defined by Minnesota Statutes, section 18.46 and shall be hardy for
USDA plant hardiness zones2, 3,or 4 (hardiness rated trees) or other trees
including wilding trees, so long as such wilding trees comply with the
following standards and are approved by the environmental planner. All
replacement trees shall be healthy and free from insect or disease
infestation. A wilding tree measured in caliper inches shall not exceed the
maximum height as shown on the table below:
CALIPER INCHESMAXIMUM HEIGHT (FEET)
2-318
3-420
4-524
The lowest branch of a wilding tree shall not be at a height above the
surface of the ground more than one-half (1/2) the total height of the tree
(e.g., a fourteen (14) foot tree shallhave a branch within seven (7) feet of
the surface of the surrounding ground).
4)Tree replacement size shallbeno less than two (2) caliper inches
deciduous or six (6) foot height conifer tree unless pre-approved by the
environmental planner. Use the following table to convert conifer trees to
caliper inches:
CONIFER TREE HEIGHT (FEET)CALIPER INCHES
6 feet2.5
7 feet32.5
8 feet3.5
9 feet43.5
10 feet4.5
11 feet4.5
12 feet5.5
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Trees required to be planted pursuant to any other provision of city
ordinances shallcomply with tree size specification of such ordinance.
d.Tree replacement escrow. The applicant shall post tree replacement escrow with
the city, such as a tree replacement cash deposit or letter of credit. Tree
replacement escrow will be equal to the amount paid per diameter inch for
replacement trees as specified in the tree mitigation section. The escrow will be
held by the city until successful completion of final planting inspectionand
assurance that the trees are covered by at least a one-year warranty for
replacement.In areas where trees are planted in an area with heavy deer
population or other tree hazards not normally covered under a warranty, the city
may hold the escrow for one yearlongerto ensure viability of trees. 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
ordinances or city directive.
Sec. 5. Diseased and Hazardous Trees.
1.Findings and Declaration of Purpose
The health of trees in the city is threatened by epidemic shade tree pests. Hazardous trees
can cause property damage or personal injury. The lossof trees, ill healthof trees, or
presence of hazardous trees 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,Minnesota Statutes,
sections89.001, 89.01, and 89.51-.64, the provisions of this section are adopted as an
effort to control and prevent the spread of these shade tree pests.
2.Declaration of a Shade Tree Pest
The city council may by ordinance declare any vertebrate or invertebrate animal, plant
pathogen, or plant in the community threatening to cause significant damage to a shade
tree or community forest to be a shade tree pestand prescribe control measures to
effectively eradicate, control, or manage the shade tree pest.
3.Public Nuisances
The following are hereby declared nuisances whenever they are found within the city:
a.Any living or standing elm tree (Ulmus spp.) or part thereof infected to any
degree with the Dutch elm disease fungus Ceratocystis ulmi (Buisman) Moreau or
which harbors the elm bark beetles Scolytus multistriatus (Eichh.) or
Hylurgopinus rufipes (Marsh).
b.Any dead elm tree or part thereof, including logs, branches, stumps, firewood,or
other material from which the bark has not been removed. Proper disposal of
removed bark includes chipping or burning.
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c.Any living, standing, or dead oak tree (Quercus spp.) or part thereof infected to
any degree with the oak wilt fungus Certocystis fagacearum (Bretz) Hunt. Also,
any living, standing, or dead oak tree that, due to its proximity to an oak infected
with oak wilt, possesses a threat of transmission of the oak wilt fungus to other
oak trees through interconnected root systems.
d.Any living, standing, or dead ash tree (Fraxinus spp.) or part thereof with
infestation of emerald ash borer (Agrilus planipennis).
e.Other shade trees or parts thereof infested with shade tree peststhat are epidemic.
f.Hazardous trees.
g.Any tree obstructing the view of vehicular or pedestrian traffic on public streets or
pathways.
4.Inspection
a.The city forestershallhave the ability toinspect all premises and places within
the city as often as practical to determine whether any condition described above
exists thereon.Inspection shall be of living or dead trees, parts of trees, stump,
and firewood. In addition, the city forestershall investigate all reported incidents
of hazardous trees or trees infested by Dutch elm fungus, elm bark beetles, oak
wilt, emerald ash borer,or other epidemic pests of shade trees.
b.The city forestermay enter upon private premises at any reasonable time for the
purpose of carrying out any of the duties assigned under this ordinance.
c.Diagnosis of shade tree pests may be by the presence of commonly recognized
symptoms; by tests recommended by the commissioner of Agriculture or the
commissioner of the Minnesota Department of Natural Resources; or other
reliable means. The city forestermay remove or cut specimens from the tree in
such manner as to avoid permanent injury thereto. No action to remove living
trees or wood shall be taken until positive diagnosis of the nuisance has been
made.
5.Abatement of Shade Tree Pest Nuisances
a.The environmental planner or 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 shallbe abated within a reasonable amount of time, not less than ten (10)
days from the date of mailing.
b.The abatement measures required may include removal of an infested tree or
wood to control the airborne spread of epidemic shade tree pests. If the city
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foresterfinds that Dutch elm disease or oak wilt threatens to cross property
boundaries, the city forestermay require root graft disruption to prevent the
spread of the disease through roots. TheThe environmental planner orcity
forestermay require other control measures that are widely accepted to abate the
nuisance as needed to prevent the spread of shade tree pests.
c.For hazardous trees abatement may include removal of branches or the whole tree
or other control measures that are widely accepted to abate the nuisance.
d.If the owner or occupant shall fail to comply with the removal or control measures
specified for thehazard tree, infested tree,or wood on his/herproperty within the
time specified, the environmental planner or city forestermay 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 shall assess the costs to the property.
6.High-Cost Abatement
If the cost of abating a nuisance from a tree pest will exceed five thousand dollars
($5,000)in a given year or in two consecutive years, based on a reasonable, good faith
estimate from a certified arborist, the owner or occupant may request the matter be
referred to the city council for a hearing. This does not apply to hazardous trees. The
owner or occupant shallnotify the city foresterwithin twenty (20)days of the date on the
notification letter, provide an estimate from acertified arborist, and provide in writing a
request for exemption and the reasons for exemption. The city foresterwill notify the
owner or occupant of the date, time, and location of the hearing at least three (3) days in
advance of the hearing. The owner, occupant,or their agent shall be given the
opportunity to present evidence at the hearing. The city council may modify the
abatement notice or extend the time by which abatement shallbe completed.
7.Emergency Abatement
Nothing in this ordinance 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.
8.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.
Sec. 6.Standards.
The city manager or their designee shall have the authority to develop Tree Standards concerning
the management oftrees. These standards shall not be contrary to this ordinance.
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Sec. 7.Enforcement.
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 deemedguilty 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.
The city reserves the right to inspect the site or property atany time for compliance with tree
preservation requirements. If the city findsthe site in violation, thecity may issue a stop work
order until conditions are corrected. A stop work order will be lifted only after approvalby the
environmental plannerin writing.
This section revises Chapter 12 (Buildingsand Building Regulations), Article VI
(Contractors and Subcontractors) to update licensing requirements for tree service
companies.
Sec. 12-207. General types of work.
Before any person shall engage in the business of doing or performing the following types of
work in the city he or she shall first obtain a license or register to do so as provided in this
ordinance:
1.Cement work, cement blockwork, cement blocklaying or brickwork.
2.General construction, including erection, alteration or repair of buildings.
3.The moving or wrecking of buildings.
4.Plastering, outside stucco work or lathing.
5.Plumbing, including installation of outside sewage disposal plants.
6.Heating.
7.Gas installation, including heating, appliances, devices or machinery, etc.
8.Well drilling.
9.Roofing.
10.Sign and billboard erecting.
11.Excavators for basements, foundations, grading of lots, etc.
12.Cesspool and private sewer disposal installers.
13.Sodding and landscaping.
14.Tree service (pruning, removal, treatment, or care).
15.Elevators.
Sec. 12-208. Application for and issuance of license; license fees; registration required.
1.Application for any license required bysection 12-207shall be filed with the city clerk
on the appropriate form furnished by the city. Any license required bysection 12-207
shall be issued by the city clerk.
2.The license fee for any license required bysection12-207shall be imposed, set,
established and fixed by the city council, by resolution, from time to time.
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3.Plumbers, building movers or other crafts, which are licensed by the state and which the
city is prohibited from licensing, who undertake to perform work and obtain permits
within the city shall first register with the city clerk and shall provide proof of public
liability insurance as required by this ordinance. Such state-licensed contractors shall also
provide any additional insurance or indemnity bond required by the city council by
resolution to protect property of the city when such work is being done in or upon any
city street or other public right-of-way or upon any of the city-owned utilities located in
such street or right-of-way.
Sec. 12-209. Duration of licenses; consequences of nonrenewal.
1.All licenses issued undersection 12-208shall expire on December 31 following the date
of issuance, unless sooner revoked or forfeited.
2.If a license granted undersection 12-208is not renewed prior to its expiration, all rights
granted by such license shall cease, and any work performed after the expiration of the
license shall be in violation of this Code.
Sec. 12-210. Liability insurance.
Any person applying for any license enumerated insection 12-207shall file with the city clerk a
certificate to the effect that public liability and property damage insurance is in force and shall
remain and be in force and effect during the entire term of such license and shall contain a
provision that such insurance shall not be cancelled without ten days' written notice to the city.
Public liability insurance shall not be less than $25,000.00 for injuries, including accidental death
to any one person, and, subject to the same limit for each person, in an amount of not less than
$50,000.00 on account of any one accident and property damage insurance in the amount of not
less than $5,000.00 on account of damage to any one party and not less than $25,000.00 on
account of any one accident. As to gas installers, such public liabilityinsurance shall be for not
less than $25,000.00 for injuries, including accidental death, to any one person, and, subject to
the same limit for each person, in an amount of not less than $50,000.00 on account of any one
accident and property damage in theamount of not less than $25,000.00. No license shall be
issued until such certificate of insurance shall have been filed and approved by the city clerk.
Sec. 12-211. Renewal of license after expiration date.
Any person renewing his license undersection 12-208after the expiration date shall be charged
the full annual license fee. No prorated license fee shall be allowed for renewals.
Sec. 12-212. Work covered under license issued to general contractors; requirements of
subcontractors.
1.A license granted undersection 12-207to a general contractor shall include the right to
perform all of the work included in his general contract. Such license shall include any or
all of the persons performing the work which is classified and listed insection 12-207,
providing that each person performingsuch work is in the regular employ of such general
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contractor and qualified under state law and this Code to perform such work. In these
cases, the general contractor shall be responsible for all of the work so performed.
2.Subcontractors on any work classified and listed insection 12-207shall be required to
comply with the sections of this Code pertaining to license, bond, qualifications, etc., for
their particular type of work.
Sec. 12-213. Qualifications for licenses.
Except as otherwise provided by law, each applicant for a license undersection 12-208shall
satisfy the city council that he is competent by reason of education, special training, experience
and that he is equipped to perform the work for which a license is requested in accordance with
all state laws, city ordinances and this Code.
Sec. 12-214. Exemptions for homeowners.
A homeowner in the city shall have an exemption, utilized no more often than once every five
years,from needing the license for doing or performing any of the various types of work on his
own home for which a license is required insection 12-207.
Sec. 12-215. Special licenses for certain work.
The council may, by resolution, provide for any special licenses and set the fees for any work or
services pertaining to construction, reconstruction, revocation or repair of buildings or
appurtenances thereto, when the council deems in its discretion that the licenses provided for in
section 12-207do not properly pertain to the work or service to be covered by such licenses.
Sec. 12-216. Sewer installer licenses.
. . . .
Sec. 12-217. Sign installer licenses.
. . . .
Sec. 12-218. Tree service company licenses.
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.All licensees performing work under this chapter shallcomply 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).
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