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2014-11-17 ENR Packet
AGENDA CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCESCOMMISSION November 17, 2014 7 p.m. Council Chambers -Maplewood City Hall 1830 County Road B East 1.Roll Call 2.Approval of Agenda 3.Approval ofMinutes: a.September 15, 2014 b.October 20, 2014 4.New Business a.Wetland Buffer Variance to Construct a Garage at 1703 Jessie Street b.Partners in Energy 5.Unfinished Business a.Environmental Ordinances 1)Final Review of the Amended Tree Ordinanceand Standards 2)Environmental Ordinance Chapter Reconfiguration 6.Visitor Presentations 7.Commission Presentations 8.Staff Presentations a.Maplewood Nature Center Programs 9.Adjourn Agenda Item 3.a. MINUTES CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION Monday, September 15, 2014 Council Chambers, City Hall 1830 County Road B East THE RECYCLING WORKSHOP WAS HELD PRIOR TO THE ENR MEETING FROM 6:00 -7:00 p.m. a. Environmental Planner, Shann Finwall introduced the speakers fo and addressed the commission. b. David Domack, General Manager, Tennis Sanitation. Mr. Domack ad regarding Tennis Sanitation, recycling education, the 2014 work , the Tennis Sanitation website, the City of Maplewood website, Maplewood. c. Willie Tennis, Owner of Tennis Sanitation addressed the commi the 2014 work plan. d. City Council Liaison, Kathleen Juenemann addressed the commissi the speakers. 1. CALL TO ORDER A meeting of the Environmental and Natural Resources Commission p.m. by Chair Palzer. 2. ROLL CALL Absent Randee Edmundson, Commissioner Deborah Fideldy, Commissioner Present Judith Johannessen, Commissioner Present Ann Palzer, Chair Present Absent Cindy Schafer, Commissioner Dale Trippler, Vice Chair Present Absent Ginny Yingling, Commissioner Staff Shann Finwall, Environmental Planner City Council Liaison Kathleen Juenemann, City Councilmember 3. APPROVAL OF AGENDA Commissioner Trippler requested an addition to the agenda under City Council Review of CIP Commissioner Trippler moved to approve the agenda as amended. Seconded by Commissioner Johannessen. Ayes All The motion passed. September 15, 2014 1 Environmental and Natural Resources Commission Meeting Minutes 4. APPROVAL OF MINUTES Commissioner Trippler moved to approve the August 18, 2014, Environmental and Natural Resources Commission meeting minutes as submitted. Seconded by Commissioner Johannessen. Ayes Chair Palzer, & Trippler Abstention Commissioner Fideldy The motion passed. 5.UNFINISHED BUSINESS a. Tree Ordinance i. Environmental Planner, Shann Finwall gave the update on changes to the Tree Ordinance and answered questions of the commission. Staff suggested that there are several procedural items in the ordinance that could be removed and placed in a standards document. Staff will prepare the standards document for review by the Commission in October. 6.NEW BUSINESS None. 7.VISITOR PRESENTATIONS 1. City Council Liaison Juenemann acknowledged and thanked ENR Commissioner, Judith Johannessen for her years of service and dedication serving on the Environmental & Natural Commission. 2. Maplewood resident, Molly Miller, addressed the Commission and stated that one of the reasons she moved to Maplewood was because Maplewood is a green city. Ms. Miller was at the meeting to introduce herself and indicated that she had submitted an Environmental Commission application. The City Council will interview her for the position on September 22. 8.COMMISSION PRESENTATIONS a. Commissioner Trippler reported on the CIP from the September 8, 2014, City Council meeting. Commissioner Trippler stated that none of the revisions discussed or recommended by the Commission were made prior to the Councils review. City Council Liaison Juenemann discussed items of concern regardthat the recommendations were discussed. . 9.STAFF PRESENTATIONS a. Commission Appointments i. Environmental Planner Finwall stated there are two openings on the ENR Commission because Judith Johannessen and Cynthia Shafer are not pursuing reappointments on the Commission. The City received two applications to fill the openings. The City Council will hold the interviews for the openings on Monday, September 22, 2014. September 15, 2014 2 Environmental and Natural Resources Commission Meeting Minutes b. Nature Center Programs i. Environmental Planner Finwall presented the upcoming Nature Cent more information contact the Nature Center at (651) 249-2170. 10. ADJOURNMENT Chair Palzer adjourned the meeting at 7:45 p.m. September 15, 2014 3 Environmental and Natural Resources Commission Meeting Minutes Agenda Item 3.b. MINUTES CITY OF MAPLEWOOD ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION 7:00 p.m., Monday,October 20, 2014 Council Chambers, City Hall 1830 County Road B East 1. CALL TO ORDER A meeting of the Environmental and Natural Resources (ENR) Commission was called to order at 7:05 p.m.by Chair Palzer. 2. ROLL CALL Randee Edmundson, Commissioner Present Absent Deborah Fideldy, Commissioner Mollie Miller, Commissioner Present Ann Palzer, Chair Present Tom Sinn, Commissioner Present Absent Dale Trippler,Vice Chair Absent Ginny Yingling, Commissioner Staff Present Shann Finwall, Environmental Planner 3. APPROVAL OF AGENDA Commissioner Edmundsonmoved to approve the agenda as submitted. Seconded by CommissionerMiller. Ayes – All The motion passed. 4. APPROVAL OF MINUTES The ENR Commission minutes for September 15, 2014, were tabled until the Novembermeeting due to a lack of quorum of commission members who were present at the September meeting. 5. NEW BUSINESS a.New Member Orientation i.Environmental Planner Finwall introduced the two new ENR Commission members, Mollie Miller and Tom Sinn and went over the new member orientation material. b.Maplewood GreenCorps Host Site i.Environmental PlannerFinwall Joe Ballandby, Minnesota GreenCorps Member, to the commission. ii.Joe Ballandby introduced himself and described his role with Minnesota GreenCorps. He is an Air Quality Corps Member doing service in Maplewood to 1 October 20, 2014 Environmental and Natural Resources Commission MeetingMinutes help the City meet its energy goals. His service runs from October 2014 through August 2015. Joe will be back before the ENR Commission in November with details on the new Partners in Energy project the City will be undertaking with their energy partner, Xcel Energy. c.Resolution of Appreciation for Commissioners Johannessen and Schafer i.Environmental PlannerFinwallread the resolutionsof appreciation for former ENR Commission members Judith Johannessen and Cindy Schafer. Commissioner Edmundsonmoved to approve the resolution of appreciation for Judith Johannessen. Seconded by CommissionerMiller.Ayes –All Commissioner Edmundson moved toapprove the resolution of appreciation for Cindy Schafer. Seconded by Commissioner Sinn.Ayes –All The motions both passed. 6.UNFINISHED BUSINESS a.Tree Ordinance i.Environmental PlannerFinwall gave the update on thechanges to thetree ordinancewhich included creating a second Standards document and pulling items from the ordinance that pertain to actions that need to be taken by an applicant into the document. Having a separate standards document will allow City staff to update standards as procedures change. The Commission reviewed the updated document and stated it was easier to read. The Commission recommended bringing the tree ordinance, standards, and updated environmental ordinance back in October for final approval when more of the members would be present. 7.VISITOR PRESENTATIONS None present. 8.COMMISSION PRESENTATIONS a.Plastic Bag Ban – Commissioner Yingling supplied the Commission with a Star Tribune article that discussed California’s ban on plastic bags. Environmental Planner Finwall stated that the review of environmental issues related to plastic bags was one of the Commissions’ 2014 goals. The Commission should continue to discuss regulation or educational opportunities for plastic bags during their goal setting meeting in January 2015. 2 October 20, 2014 Environmental and Natural Resources Commission MeetingMinutes 9.STAFF PRESENTATIONS a.Markham Pond Draw Down i.Environmental Planner Finwall gave a briefreporton the Ramsey-Washington Watershed District’s draw down of Markham Pond to continue to study the carp population in the waterway and how they affect water quality. b.Bee Friendly City i.Environmental Planner Finwall gave a briefreportonStillwater’s efforts to become a Bee Friendly city. The City of Shoreview currently has such a policy, which restricts the use of neonicotinoidspesticides within the City including City operationsand on private land. c.Maplewood Nature Center Programs i.Environmental Planner Finwall presented the upcoming Nature Center Programs. For moreinformation contact the Maplewood Nature Center at (651) 249-2170. 10.ADJOURNMENT Chair Palzer adjourned the meeting at 8:05p.m. 3 October 20, 2014 Environmental and Natural Resources Commission MeetingMinutes Agenda Item 4.a. MEMORANDUM TO: Environmental and Natural Resources Commission FROM: Shann Finwall, AICP, Environmental Planner DATE: November 13, 2014for the November 17 ENR Commission Meeting SUBJECT: WetlandBufferVariance to ConstructaGarage at Introduction Scott and Ann Miller are proposing to construct a 484-square-foot (22-foot x 22-foot) detached garage on their property at 1703 Jessie Street. The garage will be constructed within 30 feet of a Manage B wetland located to the north of the property. The City’s wetland ordinance requires a 75-foot buffer from aManage Bwetland. This means the City Council would need to approve a wetland buffer variance to allow for the construction of the garage. Request The applicants are requestinga 45-foot wetland buffer variance. The code requires a 75-foot wetland bufferand structure setback to be maintained around a Manage B wetland. The applicant is proposing a 30-foot setback from the garage to the wetland. Discussion Garage Proposal The applicants’ house at 1703 Jessie Streetdoes not have a garage or driveway. There is a 10-foot-wide concrete curb cut and a small Class 5 parking area located on the north side of the house. The applicants propose to construct a 484-square-foot detached garage and extend the Class 5driveway for accessto the garage. A future asphalt driveway is proposed when funds are available. The garage will be located within 12 feet of the north property line and 30 feet of the wetland that is located on the adjacent City property. The placement of the garage on the north side of thehouse will require a 45-foot wetland buffer variance. There is space behind the house for a garage. However, even that location would require a variance (albeit a reduced variance). It would also require the removal of trees and would not be convenientfor the homeowner. The yard along the north side of the house, adjacent the wetland, is mowed grass to within 10 feet of the wetland. It appears that the applicants maintain a portion of the City’s land as their lawn area. The lot is fairly flat, butslopes slightly to within 10feet of the wetland when the grade then slopes drastically to the water’s edge. Wetland Ordinance The City’s wetland ordinance states that the City may require that the applicant mitigate impacts to a wetland when approving a variance.Mitigation can include: 1.Reducing or avoiding the impact by limiting the degree or amount of the action, such as by using appropriate technology. 2.Rectifying the impact by repairing, rehabilitating, or restoring the buffer. 3.Reducing or eliminating the impact over time by prevention and maintenance operations during the life of the actions. 4.Compensating for the impact by replacing, enhancing, or providing substitute buffer land at a two-to-one ratio. 5.Monitoring the impact and taking appropriate corrective measures. 6.Where the city requires restoration or replacement of a buffer, the owner or contractor shall replant the buffer with native vegetation. A restoration plan must be approved by the city before planting. 7.Any additional conditions required by the applicable watershed district and/or the soil and water conservation district shall apply. 8.A wetland or buffer mitigation surety, such as a cash deposit or letter of credit, of one hundred and fifty percent (150%) of estimated cost for mitigation. The surety will be required based on the size of the project as deemed necessary by the administrator. Funds will be held by the city until successful completion of restoration as determined by the city after a final inspection. Wetland or buffer mitigation surety does not include other sureties required pursuant to any other provision of city ordinance or city directive. Mitigation Strategies 1.Garage Location: The applicant proposes to construct the garage within 8 feet of the house. The City’s building code would allow the garage to be constructed within 5 feet of the house. Staff recommends that the applicant shift the garage 3 feet to the south, toward the house, which will reduce the wetland buffer variance from 45 feet to 43feet. 2.Gutter/Downspout/RainGarden: Since the area proposed for the garage has been maintained as a mowed lawn for many years, the biggest impact that the garage will have is added water runoff. As such, the City should ensure that water running off the garage roof is allowed to infiltrate rather than run off into the wetland. Since there is a slight grade from the garage toward the wetland, all of the stormwater would eventually enter the wetland unless redirected. Staff recommends that the applicantsinstall aroof gutteron the north side of the garage and a downspout on the northeast corner of the garage. The downspout should direct water to the northeast corner of the garage, adjacent the driveway. In this area, staff recommends a raingarden to capture and treat the stormwater. 3.Lawn Area: As stated above, the applicants are maintaining a portion of the City’s land as their lawn area. Discontinuing mowing of the lawn in this area and allowing it to become naturalized would benefit the wetland. As such, the lawn area to the north of the garage would be 12 feet (15 feet if garage the garage is shifted three feet toward the house). If the owner would prefer torestore this portion of the lawn to native plants at their own expense, the City would allow for that but would need to approve restoration plans. Summary When drafting the wetland ordinance the City Council wanted to ensure pre-existing nonconforming single family homes and their lawn could remain livable. The applicants’ house at 1703 Jessie Street was constructed prior to the wetland ordinance. If a garage would have 2 been constructed at the same time as the house, no variance would have been required. A garage with storage for vehicles and equipment does make a house livable. As such, staff recommends the variance with mitigation strategies in order to allow the applicant to construct a garage. R Approvethe attached resolution approving a wetland buffer variance for the construction of a garage at 1703 Jessie Street. Approval is based on the following reasons: 1.Strict enforcement of the ordinance would cause the applicant practical difficulties because complying with the wetland buffer requirement stipulated by the ordinance would prohibit the building of any permanent structures, substantially diminishing the potential of this lot. 2.Approval of the wetland buffer variance willredirect stormwater from the garage to a rain gardenand areas near the wetland will no longer be maintained as a mowed lawn, but allowed to grow as a naturalized area. 3.Approval would meet the spirit and intent of the ordinance since the proposed garage would be built in an area that is already maintained as lawn. Approval of the wetland buffer variance shall be subject to the following: 1.Shift the garage 3 feet to the south to maintain a 5-foot setback from the house and increase the setback to the wetland. 2.Install a gutter on the north side of the garage and a downspout on the northeast corner of the garage which directs water to a rain garden. 3.Install a rain garden on the northeast corner of the garage, adjacent the driveway. The rain garden will be designed to infiltrate water from the garage roof and driveway. 4.Discontinue maintaining the area to the north of the applicants’ property line, within the City property, as mowed lawn area. Allow this area to grow as a naturalized area adjacent the wetland. If the owner would prefer to restore this portion of the lawn to native plants at their own expense, the City would allow for that but would need to approve restoration plans. 5.The applicants should submit an escrow to cover up to 150 percent of the cost of the gutter, downspout, and rain garden. The escrow will be released when the gutter, downspout, and rain garden are installed per the City’s approval. Attachments 1.Variance Resolution 2.Applicants Letter Dated October 1, 2014 3.Aerial Photo 4.Site Plan 5.Garage Elevations 3 Attachment 1 VARIANCE RESOLUTION WHEREAS, Scott and Ann Millerapplied for a variance from the wetland ordinance. WHEREAS, this variance applies to the property located at 1703 Jessie Street, Maplewood, MN. Theproperty identificationnumberis 17-29-22-34-0052. WHEREAS, Section 12-310 of the City’s ordinances (Wetlands and Streams) requires a wetland buffer of 75 feet adjacent to Manage B wetlands. WHEREAS, the applicants are proposing to construct a garage to within 30 feet of a Manage B wetland, requiring a 45-foot wetland buffervariance. WHEREAS, the history of this variance is as follows: 1.On November 17, 2014, the Environmental and Natural Resources Commission reviewed the variance and recommended ____________to the Planning Commission and City Council. 2.On November 18, 2014, the Planning Commission held a public hearing to review this proposal. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The Planning Commission gave everyone at the hearing a chance to speak and present written statements. The Planning Commission also considered the report and recommendation of the citystaffand Environmental and Natural Resources Commission. The Planning Commission recommended _________________ to the City Council. 3. The City Council held a public meeting on November 24, 2014, to review this proposal. The City Council considered the report and recommendations of the city staff, the Environmental and Natural Resources Commission, and the Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council __________the above- described variances based on the following reasons: 1.Strict enforcement of the ordinance would cause the applicant practical difficulties because complying with the wetland buffer requirement stipulated by the ordinance would prohibit the building of any permanent structures, substantially diminishing the potential of this lot. 2.Approval of the wetland buffer variance will redirect stormwater from the garage to a rain gardenand areas near the wetland will no longer be maintained as a mowed lawn, but allowed to grow as a naturalized area. 3.Approval would meet the spirit and intent of the ordinance since the proposedgarage would be built in an area that is already maintained as lawn. Approval of the wetland buffer variance shall be subject to the following: 1.Shift the garage 3 feet to the south to maintain a 5-foot setback from the house and increase the setback to the wetland. 2.Install a gutter on the north side of the garage and a downspout on the northeast corner of the garage which directs water to a rain garden. 3.Install a rain garden on the northeast corner of the garage, adjacent the driveway. The rain garden will be designed to infiltrate water from the garage roof and driveway. 4. Discontinue maintaining the area to the north of the applicant’s property line, within the City property, as mowed lawn area. Allow this area to grow as a naturalized area adjacent the wetland. If the owner would prefer to restore this portion of the lawn to native plants at their own expense, the City would allow for that but would need to approve restoration plans. 5.The applicants should submit an escrow to cover up to 150 percent of the cost of the gutter, downspout, and rain garden. The escrow will be released when the gutter, downspout, and rain garden are installed per the City’s approval. The Maplewood City Council approved this resolution on _________, 2014. 2 Attachment 2 Attachment 3 Attachment 4 1703 Jessie Garage Elevations Attachment 5 Agenda Item 4.b. MEMORANDUM TO: Environmental and Natural Resources Commission FROM: Shann Finwall, AICP, Environmental Planner Joe Ballandby, Minnesota GreenCorps Member DATE: November 13, 2014for the November 17 ENR Commission Meeting SUBJECT: Partners in Energy – XcelEnergy Community Partnership Introduction Maplewood was chosen to participate in the Partners in Energy program sponsored by Xcel Energy. Partners in Energy is a two-year community support program which offers communities the tools and resources necessary to develop and implement an energy action plan that will reflect Maplewood’s vision for shaping energy use and supply in the future.Refer to Attachments 1 and 2 for additional background on the Partners in Energy program. Background Partners in Energy The partnership begins with the City’s adoption of a Memorandum of Understanding for the planning phase of the program and identifying a team to lead the development of Maplewood’s custom energy action plan.XcelEnergy will participate in the planning process, assisting the City in the development of a cohesive plan that identifies a baseline for Maplewoodand establishesmeasurable energy goals with strategies for implementation. Minnesota GreenCorps Maplewood’s GreenCorps member, Joe Ballandby, will serve as the City’s energy ambassador, coordinating the Partners in Energy program. Maplewood was chosen to be one of 40 Minnesota GreenCorps host sites for the 2014/2015 service year. The goal of Minnesota GreenCorps is to preserve and protect Minnesota’s environment while training a new generation of environmental professionals. Joe Ballandby’s service position with the City of Maplewood will focus on energy conservation. Discussion Energy Action Plan Maplewood’s energy action plan will identify strategies to meet measurable energy goals. One of Maplewood’s current energy goals is the creation of an incentive and award based program for the City's Green Building Code.The Green Building Code Incentive Program will offer commercial property owners recommissioning studies to identify energy efficiency improvements and include education and technical assistance for implementing the improvementsbased on standards in the Green Building Code. The incentive program will be funded through the Minnesota Pollution Control Agency’s Environmental Assistance grant. Maplewood received $20,000 in grant funding for this project. Energy Action Team XcelEnergy recommends the City’s energy action team be made up of 10 to 15 community stakeholders from various groups. Staff proposes the following stakeholder groups: 1.Housing and Economic Development Commission Representative 2.Environmental and Natural Resources Commission Representative 3.City Council Representative 4.ResidentMember at Large 5.Business Member at Large 6.Business Associations: St. Paul Area Chamber of Commerce, White Bear Avenue Business Association 7.Staff Members: Nick Carver, Building Official; Shann Finwall, Environmental Planner; Chris Swanson, Environmental Specialist; Joe Ballandby, GreenCorps Member; and one representative from building operations Partners in Energy Planning Phase XcelEnergy recommends three phases for the energy action plan includingplanning,engage and educate, and track and promote. Staff proposes the following timeline which will accommodate the City’s Minnesota GreenCorps service dates (mid-October 2014 to mid-August 2015). 1.Presentations (Partners in Energy Presentation, Approval of MOU, and Appointment of Energy Action Team) a.November 12:Housing and Economic Development Commission b.November 17:Environmental and Natural Resources Commission c.November 24:City Council 2.Planning (Five Energy Action Team Meetings to Define Goals and Strategies) a.December 2014-Energy Action Team kick offmeeting (December 10 or 17) b.January 2015–Two Energy Action Team Meetings (January7 and 21) c.February 2015 –Two Energy Action Team Meetings (February4 and 18) 3.Approval of Energy ActionPlan a.February 23: City Council (Approval of Energy Goals and Strategies) 4.Engageand Educate a.Phase I (March 15 through August 2015 -GreenCorps Service Dates) b.Phase II (September 2015 through November 2016) 5.Track and Promote Goal Results a.Phase I (June 2015 through August 2015–GreenCorps Service Dates) b.Phase II (December 2015 through December 2016) 2 Budget Impact There is no cost to participate in Partners in Energy planningphase. Future implementation of Maplewood’s energy action plan may be within our current budget, or short-or long-term investments for more robust energy management programcould be outlined in the energy action plan. Summary Representatives fromXcel Energy and Joe Ballandby, MinnesotaGreenCorps Member, will be present during the November 17ENRCommissionmeeting to give a presentation on the Partners in Energy Program and answer questions of the Commission. Recommendations 1.Recommend approval of the Partners in Energy Memorandum of Understanding (Attachment 3). The MOU enters the City into a community support program with Xcel Energy in order to carry out the planning phase of an energy action plan. 2.Recommend the appointment of one EnvironmentalandNaturalResources Commissionertoserve on the energy action team. Attachments 1.Partners in Energy Overview 2.Partners in Energy Frequently Asked Questions 3.Partners in Energy Memorandum of Understanding –Phase I (Plan Development) 3 Attachment 1 PARTNERS IN ENERGY YOUR LEADERSHIP. OUR ENERGY KNOW HOW. A COLLABORATIVE TEAM. Today, energy is becoming an expanding focus in community sustai Regardless of your starting point, Xcel Energy would like to par move your energy plan forward. Our Partners in Energy program is communities like yours develop an energy planor identify strate successfully augment an existing plan. If you would like to leverage our expertise in plan development complexities of energy use, conservation, renewables and environ invite you to participate in Xcel Energys Partners in Energy. Our energy partnership program will empower your community leade energy management program to the next level. Partners in Energy vehicle you have been looking for to launch your energy manageme provide your leaders with the framework to develop a custom, str Developing and documenting your communitys long-term energy visi Identifying the appropriate goals and strategies to help achieve Engaging and motivating your community to take action Monitoring and tracking your results Celebrating your achievements and promoting your success Carrying forward your energy momentum for the long term Make an Energy Connection With Your Community With energy being a topic of interest for your community, Partne engagement could go. You begin by adding a Partners in Energy We communitys website that provides resources, tips, progress and rebates. You could decide to send out an announcement letter to your collaboration. Then, on a regular basis, send newsletters t top of mind. You could also send emails with content we provide in your local paper, ongoing promotions or a calendar of busines These are just a few examples of how your roll-out could go. PARTNERS IN ENERGY YOUR LEADERSHIP. OUR ENERGY KNOW HOW. A COLLABORATIVE TEAM It Begins With an Energy Action Plan The partnership begins with identifying a team to lead the devel communitys custom energy action plan. Well be a part of your p measurable energy goals with strategies to help you achieve them Partners in Energy Motivates Change Your planning team will be able to leverage a large portfolio of energy education. There are endless formulas for success. The ta your community, and you will have access to communications and p that will educate your constituents on energy, ways to save, reb tracking and other outreach approaches. As an incentive to achie that reward collaboration. Platform for Long-Term Sustainability After you have developed your plan, implemented all the tactics, your energy achievements, what then? Xcel Energy will continue t service provider and now you and your community will have develo Your residents and businesses will have set up an online account energy usage and trends at a glance, and be empowered to set up strategies for success. through the resources we provide every day to save them money an With Xcel Energys resources and guidance, youll have what is n solar, wind and other alternatives. Our partnership doesnt stop there. Your Xcel Energy community a continue to be your resource. You can opt to participate in anot Energy program with a new set of goals as well. Ready to Launch? Want to learn more about how to apply for our Partners in Energy You and your community stakeholders can learn more by visiting for more information. xcelenergy.com/PartnersInEnergy xcelenergy.com | © 2014 Xcel Energy Inc. | Xcel Energy is a regi Xcel Energy Inc. | Public Service Company of Colorado, an Xcel E 14-09-403 | 09/14 Attachment 2 PARTNERS IN ENERGY FREQUENTLY ASKED QUESTIONS Q. What is Partners in Energy? A. Xcel Energys Partners in Energy program is a two-year community commitment designed to support communities as they develop and i energy action plan unique to their energy needs. If you apply an Partners in Energy with Xcel Energy, you receive a dedicated tea in energy planning and implementation. We will provide guidance, and resources for your municipal staff, businesses and residents measurable energy goals by your target date. Q. H A. For some communities, Partners in Energy will augment their curre of the maturity of your communitys planning or sustainability e one aspect that could be more robust with help from our experts. process and move you forward. For established community goals ar will focus on development and delivery of that plan. Our program communitys unique goals during implementation. It may be an edu green technologies to businesses or residents. At the very least great way to launch a smart, energy management program. Q. What resources are expected from us? A. For the energy action planning, you will need to assign one or mo work together to develop your action plan, it may require up to ambassadors time. The time commitment after that will depend on unique goals, strategies and resources. You will identify a grou participants to be involved in the development of the plan. The the planning meetings that will identity its vision, goals, stra As you enter the program, we will be looking at how your communi what resources you have available to incorporate into implementa plan. It could be that you will be using existing communications community website, newsletter or cable channel to provide visibi to community members. We will make it as simple as possible by p and communications templates that you can customize and roll out want to leverage any and all gatherings to include a way to prom community member participation. PARTNERS IN ENERGY FREQUENTLY ASKED QUESTIONS Q. Is there a cost associated with Partners in Energy?Q. There is no cost to participate in Partners in Energy planning, Once youve been accepted into the Partners in Energy A. A. but depending on how your community implements their plan, program, Xcel Energy will organize preliminary meetings to there may be expenses. The tactics in your energy action plan build the framework to launch your energy action planning may be within your current budget, or you may determine sessions. Depending on the complexity of your plan, we short- or long-term investments for a more robust energy anticipate six to eight weeks for preparation, and 14 to management program.16 weeks for development of the plan. Well support your implementation activity for up to 18 months, after planning Q. Who is involved? actions outlined in your goals and strategies for the program. In addition to your energy ambassador and your planning A. Measurable goals will be monitored and reported to show your team, Xcel energy will be at the table to provide resources, successful progress along the way. data and support during. In addition, you will have access to energy planning experts and the ability to brainstorm with Q. What types of things will our energy action plan include? other community representatives going through this program at the same time. Depending on the goals and strategies Your energy action plan will identify strategies to meet your A. in your energy action plan, it will drive who gets involved measurable energy goals. To help remove barriers and reach in implementing energy projects or disseminating your your goals, your Xcel Energy team can help you select from communications to your community. Q. How do we apply for Partners in Energy? For example, among your focus areas may be to reduce your communitys business electric usage. The recommended Your Xcel Energy point of contact will guide you through the A. programs may include a combination of lighting, heating or application process. We will be receiving applications and accepting communities based on a set of criteria. Before you or maintenance measures. Other focus areas may include apply, you can request a presentation about the program for educating your businesses and residents on energy, working you or a larger group representing your community. This can be delivered either in person or electronically via a webinar. renewables, or developing a green construction program. There the program or download an application, visit our website at is no limit to where your communitys vision can take our team. . xcelenergy.com/PartnersInEnergy xcelenergy.com | © 2014 Xcel Energy Inc. | Xcel Energy is a regi Xcel Energy Inc. | Public Service Company of Colorado, an Xcel E 14-09-417 | 10/14 Attachment 3 XCEL ENERGY PARTNERS IN ENERGY ………………………………………………………………………………………………………………………………………… Memorandum of Understanding Plan Development Phase Memorandum of Understanding Phase 1 – Plan Development Mayor Nora Slawik City of Maplewood 1830 County Road B East Maplewood, MN 55109 Congratulations on being selected to participate in Xcel Energy’s Partners in Energy program. This program is designed to provide yourcommunity with the tools and resources necessary to develop and implement an energy action plan that reflects the vision your community has for shaping energy use and supply in its future. Program participation is intended to span 24 months with the initial 4-6 months dedicated to developing of a strategic energy action plan and the remaining time focused on the implementing that plan. The intent of this Memorandum of Understanding (MOU) is to confirm Maplewood’s intent to participate in the initial plandevelopment phase of the Partners in Energy program and outline the commitment that your community and Xcel Energy are making to this collaborative initiative. The primary objective of this phaseof the program is to develop your energy action plan. In order to achieve this Xcel Energy will provide: Consulting support to assist in identifying potential community stakeholders, and constructing or delivering an invitation or informational announcement regarding the planning process. Data analysis of community energy use and Xcel Energy program participation to the extent that it is legally and technically prudent and feasible. The results can be used to identify potential opportunities to implement plan strategies. Xcel Energy will attempt to integrate data provided by Maplewood into the analysis if feasible. 1 XCEL ENERGY PARTNERS IN ENERGY ………………………………………………………………………………………………………………………………………… Memorandum of Understanding Plan Development Phase Professional facilitation of five plan development work sessions with the community stakeholder group to develop the energy action plan’s vision, focus areas, goals and implementation strategies. Assistance as needed in synthesizing the community and program data collected with the vision of the community to identify attainable goals that align with suitable strategies and tactics. Development of the documented energy action planthat will incorporateinputs fromthe stakeholder planning team and will be accessibleto the community. Commitment to delivering an actionable and complete energy action plan within four months of the Maplewood City Council’s review of the MOU (four months from November 24, 2014)and Xcel Energy signing this MOU. Although participation in the Plan Development phase of Partners in Energy program requires no monetary contribution Maplewooddoes agree to provide: A single contact point to work with recruiting stakeholders, coordinating planning meeting logistics, and coordinatedistribution of deliverables and lead participation of the community. Meeting facilities to host the stakeholder group during development of the plan. Identification of existing community energy plans or programs that could be leveraged in successful development and delivery of this plan. Good-faith evaluation of the recommendations and analysis provided and fair consideration of the potential strategies and tactics identified that align with the Maplewood’s goals. Commitment to delivering an actionable and complete energy plan within four months of the Maplewood City Council’s review of the MOU (four months from November 24, 2014) and Xcel Energy signing this MOU. Public distribution of the work products developedwith the support of the Xcel Energy’s Partners in Energy program. 2 XCEL ENERGY PARTNERS IN ENERGY ………………………………………………………………………………………………………………………………………… Memorandum of Understanding Plan Development Phase Resource Commitment Summary Plan DevelopmentPhase MaplewoodXcel Energy Single point of contact Assistance identifying and recruiting stakeholders Meeting facilities Analysis of community energy use Access to existing energy-related and program participation plans and programs Facilitation of planning sessions Involvementin developing implementation strategiesTraining and guidance developing goalsand strategies Commitment to completing the plan developmentDocumentation and delivery of the energy action plan Agreement that the energy plan resulting from this work will be Commitment to completing the plan available to the publicdevelopment The MOU for the ImplementationPhase of the Partners in Energy program will be developed upon completion of your energyactionplan and will outline your goals and the resource commitment from Xcel Energy and Maplewood. Allcommunications pertaining to this agreementshall be directed to Shann Finwall on behalf of Maplewood and Tami Gunderzik on behalf of Xcel Energy. Thank you again for your continued interest in Xcel Energy’s Partner in Energy program. We look forward to assisting Maplewood in the development of an action energy plan. For Maplewood:For Xcel Energy: _________________________________________________________________________________ Date: ___________________________________Date:___________________________________ 3 Attachment 5.a. MEMORANDUM TO: Environmental and Natural Resources Commission FROM: Shann Finwall, AICP, Environmental Planner SUBJECT: Environmental Ordinances – Final Review of the Amended Tree Ordinance and Standards and Environmental Ordinance Chapter Reconfiguration DATE: November 13, 2014, for the November 17ENR 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 Standards In October the Commission reviewed the tree standards document (Attachment 1). This document contains applicant requirements related to tree preservation, removal, replacement and shade tree pest management. This information was pulled from the ordinance to create a more user-friendly ordinance and create standards that can be modified from time to time to meet currentState, County, City policies and goals, without a full ordinance amendment. The standards cannot be contrary, replace, or supersede City ordinances. Tree Ordinance Revisions Revisions recommended to the original September 11, 2006, tree ordinance during the ENR Commission review are reflected on the attached tracked document (Attachment 2). Major revisions include: Removal of Applicant Requirements Related to Tree Preservation, Removal, Replacement, and Shade Tree Pest Management and Placement in a Separate Standards Document Updated Findings and Purpose to include the Value of Specimen Trees Revised Definitions Revised Tree Removal Calculation which Offers Credits for Saving Specimen Trees New Diseased and Hazardous Tree Language Licensing Requirements for Tree Service Companies Environmental Ordinance The City’s environmental ordinances are located in Chapter 12 (Building and Building Regulations), Chapter 18 (Environment), and Chapter 38 (Trees). With the tree ordinance amendments the City should locate all environmental ordinances under one chapter. Attached is an ordinance that outlines the reconfiguration of the environment chapters and includes the revised tree ordinance (Attachment 3) and a summary of the new environmental chapters (Attachment 4). Recommendations 1.Recommend approval of the tree ordinancerevisions 2. Recommend approval of the tree standards. 3.Recommend approval of the environmental ordinance reconfiguration. Attachments: 1.Tree Standards 2.Tree Ordinance(Comparison of the original September 11, 2006 ordinance to the October 2014 revisions) 3.Environmental Ordinance 4.Summary of the New Environmental Chapters 2 Attachment 1 2014 Maplewood Tree Standards The City of Maplewood has developed tree standards to help achieve the goals of the City’s Tree Ordinance and Living Streets Policy.The standards highlight important aspects of the requirements for tree preservation, removal,replacement, and shade tree pest management. The standards do not replace or supersede City ordinances. 1.Definitions. All definitions as outlined in the Tree Ordinance apply to the Tree Standards including the following additional definitions: 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 twenty four (24) feet). 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. Infestationincludes actual, potential, incipient, emergent infestation, or infection by forest pests or shade tree pests. Retaining Wall means a structure utilized to hold a slope in a position in which it would not naturally remain. Slopemeans the inclination of the natural surface of the land from the horizontal; commonly described as a ratio of the length to the height. Wilding Tree means a tree that was not grown or maintained by a nursery. 2.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 the Tree Ordinance. 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 and specimen trees are destroyed or damaged and to minimize the negative environmental impact to the site. The tree preservation plans shall include the following: a.A tree inventory overlay on the site plans that shows size, species, general health, and location of all significant and specimen trees located within the 1 property where significant and specimen tree removal is proposed. The tree inventory plan: 1)Shall be drawn at the same scale as the other site plan submittals and shall coincide with required engineering documents such as topography maps, wetland information, grading plans, road locations, and building locations; 2)Shall include trees growing in clump form. These trees will be considered individual trees and each stem/trunk is measured as individual trees. 3)Include the location of groups of standing dead or diseased significant and specimen trees. 4)Include the outer boundaries of all contiguous wooded areas, with a general description of trees not meeting the significant and specimen tree size threshold and any indication of the presence of epidemic tree diseases. 5)Include significant and specimen trees (species anddiameter) identified in both graphic and tabular form. 6)Include locations of the proposed buildings, structures, or impervious surfaces. 7)Include delineation of all limits of land disturbance, clearing, grading, and trenching. b.A list of total diameter inches of all healthy significant and specimen trees inventoried. c.The total diameter inches of healthy significant and specimen trees removed. d.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. e.Protection measures for replacement trees being planted in areas with high deer population. f. The name(s), telephone number(s), and address(s) of the person(s) responsible for tree preservation during the course of the development project. g.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. 2 h.All tree preservation plans shall be performed by a forestry or horticultural professional whose qualifications are approvedby the environmental planner. i. The tree preservation plan shall be reviewed by the environmental planner for compliance with this ordinance. Reasons for denial shall be noted on the tree preservation plan, or otherwise stated in writing. 3.Safeguarding preserved trees. The following measures will be taken to ensure survival of trees scheduled to be preserved: a.Layout of the project site utility and grading plans shall 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. b.Custom grading, retaining walls, or tree wells to maintain existing grade for preserved trees can be used. c.Prior to issuance of a grading or building permit the environmental planner may require one or all of the following measures for safeguarding preserved trees: 1)Tree protective areas shall be located at a minimum of the CRZ of trees or drip line, whichever is greater, whenever possible. Saving groups or stands of trees is encouraged over protecting individual trees scattered throughout the site. 2)Suitable tree protection fencing in active areas includes use of orange polyethylene laminar safety fencing or woven polyethylene fabric (silt fencing). Fencing shall be self-supportive. Active tree protection areas with “Tree Save Area” signs posted and readable from at least ten (10) feet away. Tree protection fencing shall be maintained and repaired by the applicant for the duration of construction. 3)Use of passive forms of tree protectionmay be allowed, i.e., tree protection fencing consisting of continuous rope or flagging (heavy mil plastic four (4) inches or wider) with visible signage stating “Keep Out” or “TreeSave Area”. 4)Signs requesting subcontractor cooperation and compliance with tree protection standards are required at site entrances. 5)Minimize tree wounding by felling or removing trees away from trees remaining on site. 3 6)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. 7)Measures such as deep mulching may be required in some situations. 8)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. 9)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. d.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. 4.Post construction tree care mitigation. The city may require post construction tree care mitigation for trees protected to include: a.Tree root aeration, fertilization, and/or irrigation systems. b.Therapeutic pruning. c.Mitigate soil compaction by the following: d.Mulch drive lanes with eight (8) to ten (10) inches of woodchips. e.Soil fracturing with deep tillage or other similar methods. f.Inclusion of organic matter to existing soil. g.Core aeration. 5.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 schedule and 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 tree replacement steps as outlined below prior to issuance of a grading or building permit: 4 a.Planting replacement trees on city property under the direction of the environmental planner. b.Paying the city a sum per diameter inch in accordance with the tree replacement schedule set forth in the city fee schedule. Payment shall be deposited into an account designated specifically for tree planting on public property or providing financial assistance for properties that want to voluntarily plant trees. c.Native or drought tolerant shrubs that are not required as part of foundation, screening, or other city-required plantings will qualifytowards tree replacement at a rate of .5 caliper inches per number three (#3) shrub. 6.Tree replacement requirements.The applicant shall follow tree replacement requirements as outlined below: a.Three-year replacement period: The applicantshall maintain replacement trees for three (3) years after planting. If any tree requires replacement during this three (3) year period, the replacement period shall start at the date the replacement tree was planted. Trees required to be planted pursuant to any other provision of the city ordinances are not included in this and shall be replaced according to such ordinance. 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. Species considered invasive by the environmental planner shall not be planted. c.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 zones 2, 3, or 4 (hardiness rated trees) or other trees including wilding trees, so long as such wilding trees complywith 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 thetable below: Caliper InchesMaximum Height (Feet) 2-318 3-420 4-524 5 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 shall have a branch within seven (7) feet of the surface of the surrounding ground). d.Tree replacement size shall be no less than two (2) caliper inches deciduous or six (6) foot height conifer tree unless pre-approved by the environmental planner. Use the following table to convert conifer trees to caliper inches: Conifer Tree Height (Feet)Caliper Inches 62.0 72.5 83.0 93.5 104.0 114.5 125.0 e.Trees required to be planted pursuant to any other provision of city ordinances shall comply with tree size specification of such ordinance. 7.Tree replacement escrow. The applicant shall post tree replacement escrow with the city, such as a tree replacement cash deposit or letter of credit.The tree replacement escrow will be equal tothe 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 inspection and assurance that the trees are covered by at least a one (1) 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 longer to 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. 8.Public nuisances. The following may bedeclared 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). 6 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. 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 pests that are epidemic. f.Hazardous trees. 9.Abatement of shade tree pest nuisances. a.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 or environmental planner finds that Dutch elm disease or oak wilt threatens to crossproperty boundaries, the city foresteror environmental planner may require root graft disruption to prevent the spread of the disease through roots. b.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. 10.High cost abatement. a.The owner or occupantmay request a high cost abatement matter re referred to the city council for a hearing as outlined below: 1)The owner or occupant shall notify the city forester or environmental planner within twenty (20) days of the date on the abatement notification letter, provide an estimate from a certified arborist, and provide in writing a request for exemptions and the reasons for exemption. 2)The city forester or environmental planner 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. 7 3)The owner or occupant shall be given the opportunity to present evidence at the hearing. 4)The city council may modify the abatement notice or extend the time by which abatement shall be completed. 8 Attachment 2 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 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 naturalmoderate temperatures,reduce cooling costs,increase property values, provide scenic beauty, provide sound and visual buffers, and increase property values. provide screening for privacy.It is therefore the city’s intent to protect, preserve, and enhance the natural environment trees and woodlands of Maplewood and to encourage a resourceful and prudent approach to development in the city;thereby, promoting and protecting public health, safety, and welfare of the citizens of Maplewood. The purpose of this articleordinanceis to establish atree preservation and protection ordinanceregulations to assure the continuance of significant natural featuresand specimen trees and woodlands for 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. 4.Prevent5.Help prevent erosion or flooding. 56.Assure orderly development within wooded areas to minimize tree loss and environmental degradation. Page 1 of 11 6.7.Establish a minimum standard for tree preservation and mitigation of environmental impacts resulting fromtree removal. 7.Establish and promote an on-going tree planting and maintenance program within the city to assure trees and woodlands for future generations. Applicability. 1.This article shall apply to any individual, business, or entity that engage in a building or development project which requires issuance of a grading permit or newbuilding 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 requirementsof this ordinance: a.1)Minor home additions,general home improvements, and construction of accessory buildings (i.e. garage, shed). 2)Tree removal related to city public improvement projects to existing roadways, sewers and other infrastructure, utility/infrastructure work or repair. 3)Emergency removal of a tree(s) to protect public health. 4)Restoration of land to native prairie. Prairie restoration must be approved by the environmental manager or city forester. 5)Commercial tree nursery and landscape operations. 6)Removal of dead or dying trees. 8.Ensure the city’s urban forest has a good age distribution, from young trees through large old specimen trees. 9.Promote the planting of trees as outlined in the city’s Living Streets Policy. Page 2 of 11 Sec. 2.Definitions. The following words, terms and phrases, when used in this article,shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:ordinance. Applicantmeans developer, builder, contractor,or homeowner who applies for a woodlot alteration, land use, grading, or building or grading permit. Calipermeansinchisatree trunk measurement ofused fornurserystockand in this ordinance refers to replacement trees. It is theunit of measurement for defining thediameter of the tree trunk measured six (6) inches above groundthe soil surfacefor treetrunksup to four (4) caliperdiameterinches. Tree trunks over four (4) caliper inchesor less andmeasured at six (6) inches in height, move measurement point to twelve (12) inches above ground to measure trunk caliper. Treesthe soil surface for tree trunks greater than four (4) caliper inches may have diameter measurements.inches. Certified Arborist is an arborist with up-to-date certification by the International Society of Arborists. City Forestermeans a tree inspector/forestercertified by the State of Minnesotawho is employed by the city,or appropriate agent or independent contractor designated by the city. Must meet the definition of a Maplewood Registered Forester.manager. Coniferous/EvergreenConiferTree means a woody plant having foliage on the outermost portions of the branches year-round whichthat is a member of the division Pinophyta andat maturity is at least twelve (12) feet or more in height. Tamaracks and Larch are included as coniferous tree species. Critical Root Zone (CRZ)means an imaginary linear circle surrounding the tree trunk with a radius distance ofConifers are cone bearing and most in our climate keep their leaves (also called needles) year-round. Tamarack (also called larch) is theone (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.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. 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 meansisastandard point of measurement of tree size, measurement of tree trunk used for trees in inchesthe landscape. It is the diameter of a tree trunk as measuredat a height of four and one half (4.5) feet above ground. MeasureTo determine diameter, measurethe Page 3 of 11 circumference of athetree trunk in inches at four and one half (4.5) feet above ground and divide by (3.14)to determine diameter.. Drip Line means the farthest distance around and away from the trunk of a tree that rain or dew will fall directly to the ground from the leaves or branches of that tree. Environmental ManagerPlannermeans an employee of the city who manages city-wide environmental programs, or appropriate agent designated by the citymanager. Hardwood Deciduous Tree meansthe followingall deciduoustree species: ash, basswood, birch, black cherry, catalpa, hackberry, hickory, ironwood, hard maples (sugar mapleexcept those listed assoftwood deciduous trees below. Hazard tree means a tree that has structural defects that may cause the treeor red maple), locust, oaktree part to fail, and walnutthe city forester determines that such failure could cause property damage or personal injury. 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. 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. OrnamentalNative Prairiemeansa landscape or planting that consists predominantly ofgrasses, flowers, and sedges that are native to Minnesota prairie ecosystems. ShadeTreemeans a woody plant, whichperennial that at maturityis at least fifteen (15) feet in height and grown primarily for its beauty of its foliage and flowersaesthetic or environmental purposes. Retaining WallShade Tree Pestmeans a structure utilized to hold a slope in a position in which it would not naturally remain. Specimen Tree is a healthy tree of any species twenty-eight (28) inches in diametervertebrateor greater. These trees are consideredSignificant Trees. Page 4 of 11 Significant Natural Featuremeans a significant water body, woodlot, significant slopeinvertebrate animal, plant pathogen, or a site of historical or archeological significanceplant that has been recorded withis determined bythe statecity council to be harmful, injurious, or destructive to shade trees or community forests. 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 othersother noxious woody plants or trees as determined by the environmental managerplanner are not considered a significant tree species at any diameter. Softwood Deciduous Tree means the following tree species: box elder, cottonwood, elm, poplar/aspen, silver maple, and willow. 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. 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. Softwood Deciduous Treemeans the following tree species: box elder, cottonwood, elm, poplar/aspen, silver maple, and willow. Tree Preservation Planmeansisa planprepared with the assistance of a certified forester, which clearlythat shows all trees in the area to be developed or within the parcel of record.property. The plan shouldshallinclude 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. Tree Standards is a separate document authorized through this ordinance to help achieve the goals of the City’s Tree Ordinance and Living Streets Policy. The standards highlight important aspects of the requirements for tree preservation, removal, replacement, and shade tree pest management. The standards do not replace or supersede City ordinances. Page 5 of 11 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 significantand specimentree(s). Sec. 3. Standards. The environmental planner and city forester shall have the authority to develop Tree Standards concerning the management of trees. These standards shall not be contrary to this ordinance. Sec. 4. Woodlot Alteration. 1.Woodlot alteration permit. A woodlot alteration permit application shall be submitted to the environmental managerplanner for review prior to removal of any significant 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 approveda woodlot alteration permit application beforeand subsequent approval prior to removal of anysignificanttrees will result in a two-year moratorium for issuance of acity grading or building permit. In addition, a the total tree replacement for the parcelproperty as outlined in the tree mitigation/replacement schedule with the assumptionto assumethat all trees that were removed areweresignificantand specimentrees. The environmental manager may approve a woodlot2. Woodlotalteration permit that complies with this ordinance and receive recommendations from the city forester concerning the proposed woodlot alteration. The applicant may appeal environmental manager’sprocess. If the woodlot alteration permit is denied by the environmental planner, the applicant may appeal the environmental planner’sdecisionto the environmental committee. The appeal shallbe submittedin writing, along with the reasons for the appeal,and received by the cityin writing within fifteen (15) days of the environmental manager’splanner’swritten decision.The to 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 committeecommission’sdecision. The appeal shallbe submitted in writing, along with the reasons for the appeal, and received by the city in writing within Page 6 of 11 fifteen (15) days of the environmental committee writtencommission’s decisionto city council for final decision. Applicant must first approach environmental manager then environmental committee before. Thecity council will review.the appeal at its next available city council meetingfor final decisionof the appeal. Page 7 of 11 preservation plan. Sec. 5.Tree Preservation Plan. A tree preservation plan as defined in this ordinance and outlined in the Tree Standards is required for any project which requires anyawoodlot alteration, land usepermit,gradingpermit, or building permit; excluding minor home additions and the removal of dead, diseased, dying or hazardoustrees of any size.the exemptions and exceptions as outlined in item 1 (Tree Preservation Plan Applicability).A tree preservation plan shall reflect the applicant’s best effort to determine the most feasible and practical layout of buildings, parking lots, driveways, streets, storage, and other physical features, so that the fewest significant and specimen 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 preparationof a tree preservation plan. 1.Tree preservation plansplan applicability. a.This ordinanceshall include the following: apply to any individual, business, or entity that requests a woodlot alteration, land use, grading, or building permit, including a building permits for major home additions. This includes all sites of new or redevelopment that contain significant and 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). 1.A tree inventory overlay on the site planthat 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 preformed by a certified forester and shall be consistent with the engineer’s grading plan contours. All significant trees included in the tree inventory must be tagged in the field for reference on the tree preservation plan. These significant trees should be identified on the plan sheet(s) in both graphic and tabular form.Trees growing in clump form are considered individual trees and each stem/trunk is measured as individual trees. 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. Page 8 of 11 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. 2.A certified forester must approve the tree preservation plan. 3.The tree preservation plan must be drawn at the same scale as the other site plan submittals. 4.A tree preservation plan that coincides with necessary engineering documents such as topography, wetland information, grading plans, road, and building locations must include: a.A list of total diameter inches of all healthy significant trees inventoried. b.Listing of the total diameter inches of healthy significant trees removed. The name(s), telephone number(s), and address(s) of the person(s) responsible for tree preservation during the course of the development project. 5.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. 6.Delineation of all limits of land disturbance, clearing, gradingand trenching. 7.Locations of the proposed buildings, structures, or impervious surfaces. 8.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. 9.Written description of treeplanned Tree preservation and safeguarding tree measures for the site. . 10.Size, species, number, and location of all replacement trees proposed to be planted on the property in accordance with the tree mitigation/replacement schedule. Page 9 of 11 11.Signature of the person(s) preparing the plan. Thetree preservation plan shall be reviewed by the environmental manager, with advisement from the city forester, forcompliance with this ordinance. Reasons for denial shall be noted on the tree preservation plan, or otherwise stated in writing. Tree Preservation and Safeguarding Tree Measures. 1a.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 treeand specimentreessubject to the limitations as defined in this chapterordinance. This decision shall be based on,but not limited to,the following criteria: a.1)Sizeof trees. 2)Size of lot. b.3)Species, health, and attractiveness of the trees, including: 1)a)Sensitivity to disease. 2)b)Life span. 3)c)Nuisance characteristics. 4)d)Sensitivity to site grading. 5)e)Potential for transplanting. 6)f)Need for thinning a woodlot. 7)g)Effects on the functioning of a development. 8)h)Fragmentation of wooded area and effects on wildlife corridors. 9)i)The public health, safety,and welfare. 10)j)Effect on wetlands and/or watershed. k)Native Prairie Restoration 2.Safeguarding preserved trees: the tree preservation plan shall delineate the location of (existing) significant trees that are to be preserved with location and type of protective fencing. a.Tree protective areas shall be located at a minimum of the CRZ of treesprairie or drip line whenever possible. Use of tree-save islands and stands are encouraged rather than the protection of individual trees scattered throughout a site. b.Suitable tree protection fencing in active areas includes use of orange polyethylene laminar safety fencing or woven polyethylene fabric (silt fencing). Fencing must be self-supportive. All active tree protection areas shall be designated as such with “Tree Save Area” signs posted in addition to the required fencing. Page 10 of 11 c.Use of passive forms of tree protection requires approval from environmental managerin 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 “KeepOut” or “Tree Save Area”. d.Signs requesting subcontractor cooperation and compliance with tree protection standards are required at site entrances. e.No construction work shall begin until tree protection fencing has been installed, inspected, and approved by the city forester. At least three (3) working days prior to construction or grading, applicant shall be required to request inspection of on-site protective measures by city forester. Once city foresterapproves tree protection fencing or devices it must not be altered or removed without prior written approval. f.Tree protection fencing shall be maintained and repaired by the applicant for the duration of construction. No grade change, construction activity, storage or staging of materials shall occur within this fenced area. g.Use of custom grading, retaining walls or tree wells to maintain existing grade for preservedtrees. h.Layout of the project site utility and grading plans should accommodate the tree preservation areas. Utilities recommended along corridors between tree preservation areas and use of common trenches or tunnel installation if possible. i.Minimize tree wounding by felling or removing trees away from trees remaining on site. j.Construction site activities such as parking, material storage, concrete washout, placement of holes, etc., shall be arranged so as not to encroach on tree protection areas. k)k.Identify and prevent oak wilt infection. Treat all known oak wilt infected areas with current accepted guidelines including root cutting and tree removal. If pruning oaks is required between April 1 and July 1 cover fresh wounds with nontoxic tree wound sealant or latex paintsavanna habitat. l.Use of wood chip mulch to a depth of six (6) to eight (8) inches adjacent to tree protection areas to minimize soil compaction and desiccation. Page 11 of 11 m.Concrete washout, leakage or spillage of fuels or paints, or other materials that would result in detrimental change in soil chemistry is prohibited in tree preservation areas. n.Post construction tree care to mitigate construction damage: 1)Tree root aeration, fertilization, and/or irrigation systems. 2)Therapeutic pruning. o.Soil compaction mitigation by: 1)Mulch drive lanes with eight (8)to ten (10)inches of woodchips. 2)Soil fracturing with deep tillage or other similar methods. 3)Inclusion of organic matter to existing soil. 3)Core aeration. p.Transplant existing trees to a protected area for future transplanting onto permanent sites within the construction area. 3.b.If any significant and specimentree stateddesignated 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 foresteror environmental managerplannerthat the damaged tree(s) willprobably 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. Tree Mitigation/Replacement Schedule. 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 significant and specimentree removed. Tree replacement shall be a minimum of two (2.0) caliper inches in size. Page 12 of 11 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 formulaformulas: A = Total Diameter Inchesdiameter inchesof Significant Treessignificant treeslost as a result of the Land Alterationland alteration (includes significant and specimen trees) B = Total Diameter Inchesdiameter inchesof Significant Treessignificant trees situated on the property. C = Tree Replacement Constantreplacement constant (1.5) D=Replacement Trees (Number of Caliper Inches)Total diameter inches of * specimen trees saved (( E =Replacement trees (number of caliper inches) 20C= [((A/B -.2) x 1.5) x A] – [D/2] =E * Applicant receives credit for each one (1) caliper inch of specimen tree saved at a rate of ½ (.5) caliper inches. Example A = 37994 B = 943234 C =1.335 D =160 28 ((379 / 943 –0.20) x 1.5) X 379 = 114.7E = 14caliper inches [((94 /234 – .2) x 1.5) x 94] – [28/2] =14caliper inches The trees required to be replaced pursuant to this chapterordinance shall be in addition to any other trees required to be planted pursuant to any other provision of city code. b.Tree mitigation: Once the total caliper inches for replacement trees are determined, the developer/applicant shall mitigate tree loss by either: of significant and specimen trees by planting 1.Plant replacement trees in appropriate areas withinonthe developmentpropertyin accordance with the tree replacement schedule. 2.Plant replacement trees on city property under the direction of environmental manager or city forester.Must be approved during the review process prior to issuance of permit(s). Page 13 of 11 3.Pay the city a sum per diameter inch in accordance with the tree replacement schedule with written approval from city staff. The fee per diameter inch shall be set forth in the city fee schedule set annually by city council resolution. Payment shall be deposited into an account designated specifically for tree planting on public property within the city. The form of mitigation to be provided by the applicantshall be determined by city staff. This provision may only apply if all other measures in this ordinance have been exhausted. 4.The developer shall be required to maintain trees for two (2) year after planting. Should any tree require replacement during this two (2) year period, the replacement period shall start at the date of replacement. Trees required to be planted pursuant to any other provision of city code are not included in thisand must be replaced according to such code. 5.Species requirements: Where ten (10) or more replacement trees area required, not more than thirty (30) percent shall be of the same type of tree without the written approval of the environmental manager. Native tree species to the Maplewood area are preferred. 6.Sources of trees: Replacement trees shall consist of certified nursery stock as defined by Minnesota Statutes, Section 18.46 hardy for this USDA plant hardiness zone (Zone 2, 3 or 4 hardiness rated trees) or other trees including wilding trees, so long as such wilding trees comply with the following standards and are approved by the environmental manager or city forester. All replacement trees shall be healthy and free from insect or disease infestation. A wilding tree measured in caliper inches shall not exceed the maximum height as shown on the table below: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 tree replacement steps as outlined in the Tree Standards prior to issuance of a grading or building permit. 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). 7.Tree replacement size must be no less than two (2) caliper inches deciduous or six (6) foot evergreen tree unless pre-approved by the environmental manager. Evergreen or coniferous tree height convert to caliper measurement as follows: the first six (6) feet of growth equals two and one-half (2.5) caliper inches foreach additional two (2) feet in Page 14 of 11 height equals one (1) additional caliper inch.Trees required to be planted pursuant to any other provision of city code must comply with tree size specification of such code. 8.Tree replacement suretyrequired. c.Tree replacement requirements:The applicant shall follow tree replacement requirements as outlined in the Tree Standards. d.Tree replacement escrow:The applicant shall post tree replacement suretyescrow with the city, such as a tree replacement cash deposit or letter of credit,of one hundred as outlined in the Tree Standards. Sec. 6. 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 fifty (150) percent of estimated cost for tree replacement for proposed planting. Funds will be held by the city untilsuccessful completion of final planting inspection. It shall be the applicant’s responsibility to call for such inspection.Tree replacement surety does not include other sureties required pursuant to any other provision of city code or city directiveprivate 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, sections 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. Enforcement. Page 15 of 11 2.Declaration of a shade tree pest. The city forester or environmental planner may 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 pestas defined by Minnesota Statute, section 89.001. 3.Public nuisances. Public nuisances relating to trees are outlined in the Tree Standards. 4.Inspection. reserves the right a.The city forester and environmental planner shall have the the construction site at any ability to inspect all premises and places within the city for public nuisances relating to trees. Inspection shall be of living or dead trees, parts of trees, stump, and firewood. b.The city forester and environmental planner may enter upon private premises at compliance with any reasonable time for the purpose of carrying out any of the Should the city find the site in violation duties assigned under this ordinance. of the approved preservation plan, they may issue 5.Abatement of shade tree pest nuisances. stop work order until conditions are corrected. Stop work order,will be lifted a after approved bymanager .The environmental planneror 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 shallbe abated within a reasonable amount of time, not less than ten (10) days from the date of mailing. b.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/her property as outlined in this ordinance and the Tree Standards, and within the time specified, the city forester or environmental planner 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 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 Page 16 of 11 estimate from a certified arborist, the owner or occupant may request the matter be referred to the city council for a hearing as outlined in the Tree Standards. This does not apply to hazardous trees. 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 and environmental planner. It is unlawful for any person to prevent, delay, or interfere with the city foresterand environmental planner while they are engaged in the performance of duties imposed by this ordinance. 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 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. The city reserves the right to inspect the site or property at any time for compliance with tree preservation requirements. If the city finds the site in violation, the city may issue a stop work order until conditions are corrected. A stop work order will be lifted only after approval by the environmental planner in 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. Page 17 of 11 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. Effect on density. 1.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 orpart 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. Application for any license required by section 12-207shall be filed with the city clerk on the appropriate form furnished by the city. Any license required by section 12-207shall be issued by the city clerk. 2.The license fee for any license required bysection 12-207 shall be imposed, set, established and fixed by the city council, by resolution, from time to time. 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 under section 12-208 shall expire on December 31 following the date of issuance, unless sooner revoked or forfeited. 2.If a license granted under section 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. Page 18 of 11 Sec. 12-210. Liability insurance. Any person applying for any license enumerated in section 12-207 shall 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 liability insurance 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 the amount 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 under section 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 under section 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 in section 12-207, providing that each person performing such work is in the regular employ of such general 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 in section 12-207 shall 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 under section 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. Page 19 of 11 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 in section 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 12-207 do 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). Page 20 of 11 Attachment 3 ORDINANCE NO. ____ AN ORDINANCE TO THE MAPLEWOOD MUNICIPAL NEW TREE ORDINANCE AND RECONFIGURATION OF ENVIRONMENTAL CHAPTERS The Maplewood City Council approves changes to the Maplewood Code of Ordinances pertaining to trees. This ordinance revises Chapter 38 (Trees), Chapter 12 (Buildings and Building Regulations) and Chapter 18 (Environment) as follows: Section 1.This section removes Chapter 38 (Trees) in its entirety.Portions of the Chapter (Article 2 –Shade Tree Disease Control) have been movedto Chapter 18 (Environment) and revised as noted in Section 3 below. (Additions are underlined and deletions are stricken.) Article I. In General Sec. 38-1. Planting in right-of-way prohibited. The planting of trees in the public right-of-way is prohibited. Sec. 38-2–38-30. Reserved. Sec. 38-31. Plant pest control program. The city manager is hereby empowered to conduct a program of plant pest control pursuant to authority granted by Minn. Stats. § 18.022. The program is directed specifically at the control and elimination of Dutch elm disease fungus and elm bark beetles and other epidemic diseases of shade trees. Sec. 38-32. Inspections and investigations. Under this article, the city manager: 1.Shall inspect all premises and places within the city as often as practicable to determine whether any condition described insection 38-31exists thereon. He shall investigate all reported incidents of infestation by Dutch elm fungus or elm bark beetles or any other epidemic diseases of shade trees; 2.May enter upon private premises at any reasonable time for the purpose of carrying out any of the duties assigned under this article; and 3.Shall, upon finding conditions indicating Dutch elm infestation or other epidemic diseases of shade trees, immediately send appropriate specimens or samples to the state commissioner of agriculture for analysis or take such other steps for diagnosis as may be recommended by the commissioner. Page 1of 21 Sec. 38-33. Public nuisances. 1.The following are hereby declared public nuisances whenever they may be found within the city: a.Any living or standing elm tree or part thereof infected to any degree with the Dutch elm disease fungus Ceratocystis ulmi (Buisman) Moreau or which harbors any of the elm bark beetles Scolytus multistriatus (Eichh.) or Hylurgopinus rufipes (Marsh); b.Any dead elm tree or part thereof, including lugs, branches, stumps, firewood or other elm material from which the bark has not been removed and burned or treated with an effective elm bark beetle insecticide; and c.Other shade trees with epidemic diseases of shade trees. 2.It is unlawful for any person to permit any public nuisance, as defined in subsection (1) of this section, to remain on any premises owned or controlled by him within the city. Sec. 38-34. Removal of infected trees or wood. Whenever the city manager finds with reasonable certainty that the infestation, as defined in section 38-33, exists in any tree or wood on any public or private place in the city, he shall notify the property owner and the person in possession, if different from the owner, on which such tree or wood stands, by certified mail or personal service, that the nuisance must be abated within a specified time, not less than five days from the date of mailing such notice or from the date of service. If the owner or occupant shall fail to remove the infected tree or wood from his property within the time specified in the notice, the city manager may order the work done either by the city's employees or by contract, and the cost of the work shall be billed against the owner or occupant. Sec. 38-35. Special assessments for unpaid nuisance abatement charges. If the owner or occupant shall fail to pay the bill, as provided forinsection 38-34, within 30 days, the council may then assess the amount due, plus interest, against the property asa special assessment under state law. Sec. 38-36. Treatment of elm trees near Dutch elm fungus infestation. Whenever the city manager determines that any elm tree or elm wood within the city is infected with Dutch elm fungus, he may treat all nearby high value elm trees with an effective elm bark beetle destroying concentrate. Treating activities authorized by this section shall be conducted in accordance with technical and expert opinions and plans of the state commissioner of agriculture and under thesupervision of the commissioner and his agents whenever possible. The notice requirements ofsection 38-34apply to treating operations conducted under this section. Page 2of 21 Sec. 38-37. Permit for transportation of elm wood. It is unlawful for any person to transport within the city any bark-bearing elm wood, which is known by the city manager to be infected or suspected of being infected, without having obtained a permit from the city manager. The city manager shall grant such permits only when the purposes of this article will be served thereby. Sec. 38-38. Interference with performance of duties imposed by article. It isunlawful for any person to prevent, delay or interfere with the city manager while he is engaged in the performance of duties imposed by this article. Section 2.This section removes Chapter 12 (Buildings and Building Regulations), Article VII (Environmental Protection and Critical Area) in its entirety. Portions of this Article have been moved to Chapter 18 (Environment) as noted in Section 3below. Section 3.This section revises Chapter 18 (Environment) to include: 1.A new outline and reordering of Articles and Divisions within Chapter 18; 2.Revisions to Chapter 18, Article V (Tree Protection) to include moving to Chapter 18, Article V, Division 3 (Tree Protection)and revising the language. 3.Revisions to Chapter 38 (Trees), Article II (Shade Tree Disease Control) to include moving to Chapter 18, Article V, Division 3 (Tree Protection) and revising the language. 4.Moving portions of Chapter 12 (Buildings and Building Regulations), Article VII (Environmental Protection and Critical Area) to Chapter 18,Article V, Division 4 (Slopes) and Division 5 (Mississippi Critical Area) and revising the language. Chapter 18 ENVIRONMENT Article I.In General Sec. 18-1-18-25. Reserved. Article II.Nuisances Division 1.Generally Sec. 18-26Unlawful to cause, create or commit. Sec. 18-27Common law and statutory nuisances adopted by reference. Sec. 18-28Unlawful to permit; cellars, drains cesspools or sewers. Sec. 18-29Rental agents to disclose name of owner or principal to city manager upon request. Sec. 18-30Public nuisances generally. Sec. 18-31Nuisances affecting health, safety, comfort or repose. Page 3of 21 Sec. 18-32Nuisances affecting morals and decency. Sec. 18-33Nuisances affecting peace and safety. Sec. 18-34Enforcement of article generally. Sec. 18-35Continuing violations. Sec. 18-36Notice to abate. Sec. 18-37Abatement by council. Sec. 18-38Abatement on premises. Sec. 18-39Violations of article. Sec. 18-40Loitering. Sec. 18-41-18-65. Reserved. Division 2.Abandoned Motor Vehicles Sec. 18-66Purpose. Sec. 18-67Definitions. Sec. 18-68Violation. Sec. 18-69Taking into custody and impoundment. Sec. 18-70Certain vehicles declared nuisances; abatement; removal. Sec. 18-71Immediate sale of certain vehicles. Sec. 18-72Additional remedies. Sec. 18-73Police reports. Sec. 18-74Notice to owner and lien holders. Sec. 18-75Reclamation by owner or lien holder; preservation of lien rights. Sec. 18-76Sale of vehicle. Sec. 18-77Designation of pound keeper. Sec. 18-78Bond of pound keeper. Sec. 18-79Insurance of pound keeper. Sec. 18-80Towing and storage charges generally. Sec. 18-81Release of vehicle and service fee before vehicle towed away. Sec. 18-82Abatement of towing and storage charges. Sec. 18-83Release of vehicles. Sec. 18-84Release form. Sec. 18-85Police records. Sec. 18-86-18-110. Reserved. Division 3.Noise Control Sec. 18-111Prohibition generally; exception. Sec. 18-112Construction activities. Sec. 18-113Enforcement. Sec. 18-114-18-140. Reserved. Article III.Erosion and Sedimentation Control Sec. 18-115Purpose. Sec. 18-116Scope. Sec. 18-117Erosion and sediment control plan. Page 4of 21 Sec. 18-118Review of plan. Sec. 18-119Modification of plan. Sec. 18-120Escrow requirement. Sec. 18-121Enforcement; penalty. Sec. 18-122-18-175. Reserved. Article IV.Air Pollution Control Sec. 18-176Short title. Sec. 18-177State regulations adopted. Sec. 18-178Approval required startingfire. Sec. 18-179Penalties for violations. Sec. 18-180-18-XXX. Reserved. Article V.EnvironmentalProtectionand Natural ResourcesCritical Areas Division 1. Generally. Purpose and applicability language moved from Chapter 12. Purpose. The purpose of this article is to protect significant natural features which: 1.Preserve the natural character of neighborhoods. 2.Protect the health and safety of residents. 3.Protect water quality. 4.Prevent erosion or flooding. 5.Manage the Mississippi River Corridor Critical Area in accordance with the Critical Areas Act of 1973, Minn. Stats. § 116G.01 et seq. the Minnesota Policy Act of 1973; and the governor's critical area designation order, Executive Order 130, dated November 23, 1976. Applicability. 1.This article shall apply to any person or use that would altera significant natural feature. 2.Public and semipublic projects, such as streets, utilities and parks, whether built by a public agency or private developer, shall be subject to this article, except that the city council may waive these requirements where there would be a greater public need for the project than to meet the requirements of this article. A public hearing shall be held before declaring such a waiver. The property owners within 350 feet of the site shall be notified at least ten days before the hearing. Page 5of 21 Division 2. Wetlands and Streams. Move Ch. 12, Art. VII, Sections 12-310 to 12-336 (Wetlands and Streams) to this location. Division 3. Trees Revisions to Chapter 18, Article V (Tree Protection) to include moving to Chapter 18, ArticleV(Environmental Protection and and Natural Resources), Division 3 (Tree Protection) and revising the language. Also, revisions to Chapter 38 (Trees), Article II (Shade Tree Disease Control) to include moving to Chapter 18, Article V, Division 3 (Tree Protection) and revising the languageas shown below. 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. Theyhelp 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 citizensof 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 characterof neighborhoods (in developed and undeveloped areas). 2.Ensure the health and wellbeing of Maplewood’s urban forest. 3Protect the health and safety of residents. 4.Protect water quality and minimize storm water runoff. 5.Help 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. 9.Promote the planting of trees as outlined in the city’s Living Streets Policy. Page 6of 21 Sec. 2. Definitions. The following words, terms and phrases shall have the meanings ascribed to them in this ordinance. Applicantmeans developer, builder, contractor, or homeowner who applies for a woodlot alteration, land use, grading, or building permit. Caliper inchis a measurement used for nursery stock and in this ordinance refers to replacement trees. It is the unit of measurement for defining the diameter of the tree trunk measured six (6) inches above the soil surface for tree trunks four (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 city manager. Conifer Tree means a woody plant that is a member of the division Pinophyta and at maturity is at least twelve (12) feet or more in height. Conifers are cone bearing and most in our climate keep their leaves (also called needles) year-round. Tamarack (also called larch) is the one conifer in our climate that drops its needles in the fall. Controlincludes measures to prevent, slow the spread, suppress, eradicate, or destroy a shade tree disease or pests. 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. 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 means all deciduous 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. Page 7of 21 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 Prairiemeans a landscape or planting that consists predominantly of grasses, flowers, and sedges that are native to Minnesota prairie ecosystems. Shade Treemeans 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 by the city council to be harmful, injurious, or destructive to shade trees or community forests. Significant Tree means a healthy tree measuring a minimum of six (6) inches in diameter for hardwood deciduous trees, eight (8) inches in diameter for conifer trees, twelve (12) inches in diameter for softwood deciduous trees, and specimen tree of any species twenty-eight (28) inches in diameter or greater as defined herein. Buckthorn or other noxious woody plants or trees as determined by the environmental planner are not considered a significant tree species at any diameter. Softwood Deciduous Treemeans the following tree species: box elder, cottonwood, elm, poplar/aspen, silver maple, and willow. Specimen Tree is a tree of any species that is twenty-eight (28) inches in diameter or greater, except invasive species. Specimen trees must havea 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. Structuremeans 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 shall include all significant and specimen trees to be preserved and measures taken to preserve them. The plan will also include calculations to determine the number of replacement trees as required by the tree mitigation schedule and a proposed re-forestation landscape plan. The plan shall be developed by a forestry or horticultural professional whose qualifications are approved by the environmental planner. Page 8of 21 Tree Standardsis a separate document authorized through this ordinance to help achieve the goals of the City’s Tree Ordinance and Living Streets Policy. The standards highlight important aspects of the requirements for tree preservation, removal, replacement, and shade tree pest management. The standards do not replace or supersede City ordinances. 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. Woodlotmeans a treed area of at least one-quarter(1/4) acre on a vacant lot, which includes significant and specimen tree(s). Sec. 3. Standards. The environmental planner and city forester shall have the authority to develop Tree Standards concerning the management of trees. These standards shall not be contrary to this ordinance. Sec. 4. 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 property as outlined in the tree mitigation/replacement schedule to assume that all trees removed were significant and specimen trees. 2.Woodlot alteration permit appeal process. If the woodlot alteration permit isdenied by the environmental planner, the applicant may appeal the environmental planner’s decision. The appeal shall be submitted in writing, along with the reasons for the appeal, and received by the city in writing within fifteen (15) days of the environmental planner’s written decision to 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 shall be submitted in writing, along with the reasons for the appeal, and received by the city in writing within fifteen (15) days of the environmental commission’s decision. The city council will review the appeal at its next available city council meeting for final decision of the appeal. Sec. 5. Tree Preservation Plan. Page 9of 21 A tree preservation plan as defined in this ordinance and outlined in the Tree Standards 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, and other 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 ordinance shall apply to any individual, business, or entity that requests a woodlot alteration, land use, grading, or building permit, including a building permits for major home additions. This includes all sites of new or redevelopment that contain significant and 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: 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.Tree removal related to public improvement projects to restore or enhance woodlands, savannas, or prairies. e.Commercial tree nursery and landscape operations. f.Removal of dead or dying trees, unless those trees were planted as part of tree replacement in which case they shall be replaced based on the approved plan. g.Removal of nonnative trees that the city deems invasive species. 2.Tree preservation and safeguarding tree measures. a.All developments within the city shall be designed to preserve significant and specimen trees and woodlots, where such preservation would not adversely affect the public health, safety, or welfare of Maplewood citizens. The city may prohibit removalof all or a part of a woodlot or significant and specimen trees subject to the limitations as defined in this ordinance. This decision shall be based on, but not limited to, the following criteria: Page 10of 21 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. b.If any significant and specimen tree designated as preserved (protected) in the approved tree preservation plan is cut, damaged, or encroached upon by grading equipment or during the construction process without city authorization and if it is determined by the city forester or environmental planner that the damaged tree(s) will not survive, the said damaged tree(s) shall be removed by the applicant at their expense and replacement tree(s) required at a rate of two (2) times the tree mitigation/replacement formula. 3.Tree removal, mitigation, and replacement. a.Tree removal calculation: If less than twenty percent (20%) of the total significant and specimen tree diameter inches on the property is removed, the applicant shall replace one (1) tree per significant and specimen tree 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 are removed, applicant shall mitigate all significant and 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 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 Page 11of 21 * Applicant receives credit for each one (1) caliper inch of specimen tree saved at a rate of ½ (.5) caliper inches. Example A = 94 B = 234 C = 1.5 D = 28 E = 14 caliper inches [((94 /234 –.2) x 1.5) x 94] –[28/2] = 14 caliper inches The trees required to be replaced pursuant to this ordinance shall be in addition to any other trees required to be planted pursuant to any other provision of city code. b.Tree mitigation: Once the total caliper inches for replacement trees are determined, the applicant shall mitigate loss of significant and specimen trees by planting replacement trees in appropriate areas on the property in accordance with the tree replacement schedule and 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 tree replacement steps asoutlined in the Tree Standards prior to issuance of a grading or building permit. c.Tree replacement requirements: The applicant shall follow tree replacement requirements as outlined in the Tree Standards. 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, as outlined in the Tree Standards. Sec. 6. 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 loss of trees, ill health of 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, sections 89.001, 89.01, and 89.51-.64, the provisions of this section are adopted as an effort to control and prevent the spread of these shade tree pests. 2.Declaration of a shade tree pest. Page 12of 21 The city forester or environmental planner may 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 as defined by Minnesota Statute, section 89.001. 3.Public nuisances. Public nuisances relating to trees are outlined in the Tree Standards. 4.Inspection. a.The city forester and environmental planner shall have the ability to inspect all premises and places within the city for public nuisances relating to trees. Inspection shall be of living or dead trees, parts of trees, stump, and firewood. b.The city forester and environmental planner may enter upon private premises at any reasonable time for the purpose of carrying out any of the duties assigned under this ordinance. 5.Abatement of shade tree pest nuisances. a.The environmental planner or 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 shall be abated within a reasonable amount of time, not less than ten (10) days from the date of mailing. b.If the owner or occupant shall fail to comply with the removal or control measures specified for the hazard tree, infested tree, or wood on his/her property as outlined in this ordinance and the Tree Standards, and within the time specified, the city forester or environmental planner 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 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 as outlined in the Tree Standards. This does not apply to hazardous trees. 7.Emergency abatement. Page 13of 21 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 and environmental planner. It is unlawful for any person to prevent, delay, or interfere with the city forester and environmental planner while they are engaged in the performance of duties imposed by this ordinance. 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 deemed guilty of a misdemeanor and, uponconviction, 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 at any time for compliance with tree preservation requirements. If the city finds the site in violation, the city may issue a stop work order until conditions are corrected. A stop work order will be lifted only after approval by the environmental planner in writing. Division 4. Stormwater Management. Move Ch. 18, Art. VII (Stormwater Management) to this location. Division 5. Renewable Energy. Relocate existing ordinance Division 6. Flood Plain Overlay District Relocate existing ordinance Division 7. Slopesand Erosion Control Slope language moved from Chapter 12. Definitions. Direct drainagemeans drainage into a protected water without an intervening pond or wetland. Erosionmeans the general process by which soils are removed by flowing surface or subsurface water or wind. Gross soil lossmeans the average annual total amount of soil material carried from one acre of land by erosion. Page 14of 21 Pipelinemeans an underground line of pipe including associated pumps, valves, control devices and other structures utilized for conveying liquids, gases, sewage or other finely divided solids from one point to another. Retaining wallmeans a structure utilized to hold a slope in a position in which it would not naturally remain. Sedimentmeans suspended matter carried by water, sewage or other liquids. Slopemeans the inclination of the natural surface of the land from the horizontal; commonly described as a ratio of the length to theheight. Substationmeans any utility structure, other than lines, pipelines, poles or towers. Terracemeans a relatively level area bordered on one or more sides by a retaining wall. Utilitymeans electric, telephone, telegraph, cable television, water, sanitary or storm sewer, solid waste, gas or similar service operations. Vegetationmeans all plant growth, especially trees, shrubs, mosses or grasses. Water bodymeans any lake, stream, pond, wetland or river. Slopes Generally 1.No development shall be permitted on existing slopes of 18 percent or greater which are in direct drainage to a protected water. 2.In areas not in direct drainage to a protected water, no development shall be allowed on existing slopes greater than 40 percent. 3.No development, whether or not in direct drainage to a protected water, shall be permitted on land having an existing slope in excess of 12 percent, unless the applicant proves the following conditions are met: a.Controls and protections exist uphill from the proposed development such that there is no danger of structures or streets being struck by falling rock, mud, sediment from erosion, uprooted trees or other materials. b.The proposed development presents no danger of falling rock, mud, sediment from erosion, uprooted trees or other materials to structures downhill. c.The view of a developed slope within the critical area from the Mississippi River and opposite river bank is consistent with the natural appearance of the undeveloped slope, consistent with any state-registered historic areas nearby, compatible with the view from historic areas, and compatible with surrounding architectural features. d.The city engineer may require the developer to provide a soils engineer to certify the stability of potentially unstable slopes. Page 15of 21 4.The basic character of natural slopes of 25 percent or more in grade shall not be altered without approval from the city council. The council shall base its decision on the following: a.The degree of alteration of the slope; and b.The importance of the slope to the character of the area. 5.All new structures and roads shall be placed no closer than 40 feet from a bluffline. Exceptions shall be as follows: a.Public recreation facilities, scenic overlooks, public observation platforms or public trail systems. b.The construction of aboveground pumping stations. c.Other development, when the applicant can conclusively demonstrate that construction or final development will not negatively impact slopes with a grade of 18 percent orgreater. d.All other structures, other than buildings and roadway surfaces, but including retaining walls, shall meet the following design requirements: 1)Retaining walls or terrace contours in excess of four feet in height shall have a fence. 2)Construction materials shall be subject to community design review board approval. 6.The requirements of this section shall not apply in the following situations: a.Where a slope has been substantially altered by prior excavation or filling. b.Where a slopeis less than 200 feet in length (top to bottom) or 500 feet in width (side to side). c.Where earth-sheltered homes are proposed. Erosion control and soils. 1.All erosion control, stormwater runoff, utility and similar structures shall be designed to be maintained and operated without requiring the crossing or operation of heavy maintenance vehicles and equipment, such as bulldozers, trucks and backhoes, on slopes in excess of eight percent. This requirement may be waived by the city council where there is no other alternative. 2.Construction shall not be allowed where there are soil problems, including but not limited to soil-bearing strength, shrink/swell potential or excessive frost movement, unless effective soil correction measures or building construction methods are approved by the building official. Page 16of 21 3.Development shall be accomplished only in such a manner that on-site gross soil loss levels shall not exceed five tons per acre per year during construction, but only two tons per acre per year when the site is adjacent to a water body, watercourse or storm sewer inlet, and one-half ton per acre per year after construction activities are completed. 4.A development shall be located to minimize the removal of vegetation and alteration of the naturaltopography. 5.Erosion protection measures shall make maximum use of natural, in-place vegetation, rather than the placing of new vegetation on the site. Division 8.Mississippi Critical Area and Slopes. Mississippi Critical Area language moved from Chapter 12. Definitions Blufflinemeans a line delineating a top of a slope with direct drainage to a protected water, connecting the points at which the slope becomes less than 18 percent. More than one bluffline may be encountered proceeding landward from a protected water. Critical areameans the Mississippi River Corridor Area bounded by Carver Avenue, I-494 and the city limits. Protected water,formerly referred to as "public waters," means any water defined in Minn. Stats. § 105.37, subd. 14. Significant water bodymeans a water body shown on the city drainage plan or a water body over one acre in area. Structuremeans any thing manufactured, constructed or erected which is normally attached to or positioned on land, including portable structures. Significant natural featuremeans a significant water body, a large tree, a woodlot, a significant slope or a site of historical or archeological significance that has been recorded with the state. Significant slopemeans a natural slope of 25 percent or more grade over an area at least 200 feet in length (top to bottom) and 500 feet in width (side to side). Generally. 1.Under this article all plans and the conduct of all grading, landscaping, structure placement, and street routing shall be consistent with the city's comprehensive plan, and for development in the Mississippi River Corridor Critical Area, the Maplewood Critical Area Plan. 2.The proposed development shall not lessen existing public access to and along a protected water. Page 17of 21 3.The proposed development shall be designed, constructed and maintained to avoid causing: a.Erosion. b.Pollution, contamination or siltation of water bodies or storm sewers. c.Flooding. d.Groundwater contamination. e.Alteration of significant natural features. 4.Development shall not substantially diminish the scientific, historical, educational, recreational or aesthetic value of unique natural areas, plants and animals, which are registered with the state as such, and shall not substantially alter their reproductive cycles. 5.Views of protected waters from buildings or public streets shall not be impaired by the placement of advertising signs. Section 5.This section revises Chapter 12 (Buildings and Building Regulations), Article VI (Contractors and Subcontractors) to update licensing requirements for tree service companies. (Additions are underlined and deletions are stricken.) Sec. 12-207. 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. Page 18of 21 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 bysection 12-207shall be imposed, set, established and fixed by the city council, by resolution, from time to time. 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 oneaccident. As to gas installers, such public liability insurance 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 the amount 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. Page 19of 21 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. Suchlicense shall include any or all of the persons performing the work which is classified and listed insection 12-207, providing that each person performing such work is in the regular employ of such general 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. Page 20of 21 2.All licensees performing work under this chapter shall comply with the American National Standards Institute (ANSI) Standard A300. Effective within one (1) year from the date of the adoption of these amendments, any new or renewal license applications shall require that the licensee employ an individual who possesses current certification as an arborist from the International Society of Arboriculture (ISA). Page 21of 21 Attachment 4 Environment Ordinance Summary Article V.Environment and Natural Resources Division 1. Generally Division 2. Wetlands and Streams Relocate Existing Ordinance Division 3. Trees Add New Ordinance Division 4. Stormwater Management Relocate Existing Ordinance Division 5. Renewable Energy Relocate Existing Ordinance Division 6. Flood Plain Overlay District Relocate Existing Ordinance Division 7. Slopes and Erosion Control Slope language moved from Chapter 12. Definitions. Direct drainagemeans drainage into a protected water without an intervening pond or wetland. Erosion means the general process by which soils are removed by flowing surface or subsurface water or wind. Gross soil lossmeans the average annual total amount of soil material carried from one acre of land by erosion. Pipeline means an underground line of pipe including associated pumps, valves, control devices and other structures utilized for conveying liquids, gases, sewage or other finely divided solids from one point to another. Retaining wall means a structure utilized to hold a slope in a position in which it would not naturally remain. 1 Sedimentmeans suspended matter carried by water, sewage or other liquids. Slopemeans the inclination of the natural surface of the land from the horizontal; commonly described as a ratio of the length to the height. Substationmeans any utility structure, other than lines, pipelines, poles or towers. Terracemeans a relatively level area bordered on one or more sides by a retaining wall. Utilitymeans electric, telephone, telegraph, cable television, water, sanitary or storm sewer, solid waste, gas or similar service operations. Vegetationmeans all plant growth, especially trees, shrubs, mosses or grasses. Water bodymeans any lake, stream, pond, wetland or river. Slopes Generally 1.No development shall be permitted on existing slopes of 18 percent or greater which are in direct drainage to a protected water. 2.In areas not in direct drainage to a protected water, no development shall be allowedon existing slopes greater than 40 percent. 3.No development, whether or not in direct drainage to a protected water, shall be permitted on land having an existing slope in excess of 12 percent, unless the applicant proves the following conditions are met: a.Controls and protections exist uphill from the proposed development such that there is no danger of structures or streets being struck by falling rock, mud, sediment from erosion, uprooted trees or other materials. b.The proposed development presents no danger of falling rock, mud, sediment from erosion, uprooted trees or other materials to structures downhill. c.The view of a developed slope within the critical area from the Mississippi River and opposite river bank is consistent with the natural appearance of the undeveloped slope, consistent with any state-registered historic areas nearby, compatible with the view from historic areas, and compatible with surrounding architectural features. d.The city engineer may require the developer to provide a soils engineer to certify the stability of potentially unstable slopes. 4.The basic character of natural slopes of 25 percent or more in grade shall not be altered without approval from the city council. The council shall base its decision on the following: a.The degree of alteration of the slope; and 2 b.The importance of the slope to the character of the area. 5.All new structures and roads shall be placed no closer than 40 feet from a bluffline. Exceptions shall be as follows: a.Public recreation facilities, scenic overlooks, public observation platforms or public trail systems. b.The construction of aboveground pumping stations. c.Other development, when the applicant can conclusively demonstrate that construction or final development will not negatively impact slopes with a grade of 18 percent or greater. d.All other structures, other than buildings and roadway surfaces, but including retaining walls, shall meet the following design requirements: 1)Retaining walls or terrace contours in excess of four feet in height shall have a fence. 2)Construction materials shall be subject to community design review board approval. 6.The requirements of this section shall not apply in the following situations: a.Where a slope has been substantiallyaltered by prior excavation or filling. b.Where a slope is less than 200 feet in length (top to bottom) or 500 feet in width (side to side). c.Where earth-sheltered homes are proposed. Erosion control and soils. 1.All erosion control, stormwater runoff, utility and similar structures shall be designed to be maintained and operated without requiring the crossing or operation of heavy maintenance vehicles and equipment, such as bulldozers, trucks and backhoes, on slopes in excess of eight percent. This requirement may be waived by the city council where there is no other alternative. 2.Construction shall not be allowed where there are soil problems, including but not limited to soil-bearing strength, shrink/swell potential or excessive frost movement, unless effective soil correction measures or building construction methods are approved by the building official. 3.Development shall be accomplished only in such a manner that on-site gross soil loss levels shall not exceed five tons per acre per year during construction, but only two tons per acre per year when the site is adjacent to a water body, watercourse or storm sewer inlet, and one-half ton per acre per year after construction activities are completed. 3 4.A development shall be located to minimize the removal of vegetation and alteration of the natural topography. 5.Erosion protection measures shall make maximum use of natural, in-place vegetation, rather than the placing of new vegetation on the site. Division 8. Mississippi Critical Area Mississippi Critical Area language moved from Chapter 12. Definitions Blufflinemeans a line delineating a top of a slope with direct drainage to a protected water, connecting the points at which the slope becomes less than 18 percent. More than one bluffline may be encountered proceeding landward from a protected water. Critical areameans the Mississippi River Corridor Area bounded by Carver Avenue, I-494 and the city limits. Protected water,formerly referred to as "public waters," means any water defined in Minn. Stats. § 105.37, subd. 14. Significant water bodymeans a water body shown on the city drainage plan or a water body over one acre in area. Structuremeans any thing manufactured, constructed or erected which is normally attached to or positioned on land, including portable structures. Significant natural featuremeans a significant water body, a large tree, a woodlot, a significant slope or a site of historical or archeological significance that has been recorded with the state. Significant slopemeans a natural slope of 25 percent or more grade over an area at least 200 feet in length (top to bottom) and 500 feet in width (side to side). Generally. 1.Under this article all plans and the conduct of all grading, landscaping, structure placement, and street routing shall be consistent with the city's comprehensive plan, and for development in the Mississippi River Corridor Critical Area, the Maplewood Critical Area Plan. 2.The proposed development shall not lessen existing public access to and along a protected water. 3.The proposed development shall be designed, constructed and maintained to avoid causing: a.Erosion. 4 b.Pollution, contamination or siltation of water bodies or storm sewers. c.Flooding. d.Groundwater contamination. e.Alteration of significant natural features. 4.Development shall not substantially diminish the scientific, historical, educational, recreational or aesthetic value of unique natural areas, plants and animals, which are registered with the state as such, and shall not substantially alter their reproductive cycles. 5.Views of protected waters from buildings or public streets shall not be impaired by the placement of advertising signs. 5