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HomeMy WebLinkAboutNo 961 Regulating Trees in the City of Maplewood Ordinance 961 An Ordinance Regulating Trees in the City of Maplewood The Maplewood City Council approves changes to the Code of Ordinances pertaining to the regulations of trees. This ordinance amends and reconfigures Chapter 38 (Trees), Chapter 12 (Buildings and Building Regulations),and Chapter 18 (Environment) as follows: Section 1: This section deletes Chapter 38 (Trees) and adds new regulations pertaining to trees to Chapter 18 (Environment), Article V (Environment and Natural Resources), Division 3 (Trees) as outlined below. Article V. Environment and Natural Resources Division 3. Trees Sec. 1. Findings and Purpose. The city desires to protect the trees and woodlands in the City of Maplewood. Trees and woodlands provide numerous environmental, economic, and scenic benefits. They help filter air pollutants, absorb stormwater runoff, provide wildlife habitat, moderate temperatures, reduce cooling costs, increase property values, provide scenic beauty, provide sound and visual buffers, andprovide 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 publichealth, safety, and welfare of the citizens of Maplewood. The purpose of this ordinance is to establish tree preservation and protection regulations to assure the continuance of significant and specimen trees and woodlands for present and future generations which: 1.Preserve the natural character of neighborhoods (in developed and undeveloped areas). 2.Ensure the health and wellbeing of Maplewood’s urban forest. 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. Sec. 2. Definitions. The following words, terms and phrases shall have the meanings ascribed to them in this ordinance. Applicantmeans developer, builder, contractor, or owner 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 whois 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 treesin 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 and Economic Development Department (EEDD) Director means the EEDD Director or 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 damageor 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. 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 thatis 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. Buckthorn or other noxious woody plants or trees as determined by the EEDD Director 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 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 theirlegacy. Structure means anything manufactured, constructed, or erected which is normally attached to or positioned on land, including portable structures. Tree Preservation Planis a plan that shows all trees in the area to be developed or within the property. The plan 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 removal, mitigation, and replacement section of this ordinance and a proposed re-forestation landscape plan. The plan shall be developed by a forestry or horticultural professional whose qualifications are approved by the EEDD Director. 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, 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/or specimen tree(s). Sec. 3. Standards. The EEDD Director 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 EEDD Director for review prior to removal of any significant or specimen 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 EEDD Director. An application fee shall be established yearly by the city council by resolution. Failure to submit a woodlot alteration permit application and gain subsequent approval prior to removal of significant and specimen trees will result in the total tree replacement for the property as outlined in the tree removal, mitigation, and replacement section to assume that all trees removed were significant and specimen trees. 2.Woodlot alteration permit appeal process. If the woodlot alteration permit is denied by the EEDD Director, the applicant may appeal the EEDD Director’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 EEDD Director’s written decision to deny the permit. The environmental and natural resources commission will review the appeal at its next available commission meeting. If the environmental and economic development commission denies the appeal, the applicant may appeal the environmental and economic development commission’s decision. The appeal shall be submitted in writing, along with the reasons for the appeal, and received by the city within fifteen (15) days of the environmental and natural resources 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. A tree preservation plan as defined in this ordinance and outlined in the Tree Standards 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 applicant 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: 1)Minor home additions, general home improvements, and construction of accessory buildings (i.e. garage, shed). 2)Tree removal related to public improvement projects to existing roadways, sewers, parks, and utility/infrastructure work or repair. 3)Emergency removal of a tree(s) to protect public health. 4)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 shall be replaced based on the approved plan. 7)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 removal of 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: 1)Size of trees. 2)Size of lot. 3)Species, health, and attractiveness of the trees, including: a)Sensitivity to disease. b)Life span. c)Nuisance characteristics. d)Sensitivity to site grading. e)Potential for transplanting. f)Need for thinning a woodlot. g)Effects on the functioning of a development. h)Fragmentation of wooded area and effects on wildlife corridors. i)The public health, safety, and welfare. j)Effect on wetlands and/or watershed. k)Native prairie or oak savanna habitat. b. If any significant or 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 EEDD Director or city forester 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 replacement outlinedin the tree removal, mitigation, and replacement section below. 3.Tree removal, mitigation, and replacement. a.Tree removal calculation: If less than twenty percent (20%) of the total significant or specimen tree diameter inches on the property isremoved, 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 (includes significant and specimen trees) C = Tree replacement constant (1.5) * D = Total diameter inches of specimen trees saved E = Replacement trees (number of caliper inches) \[((A/B -0.2) x C) x A\] –\[D/2\] = E * Applicant receives credit for each one (1) diameter inch of specimen tree saved at a rate of ½ (.5) diameter inches. Example A = 94 B = 234 C = 1.5 D = 28 E = 14 caliper inches \[((94 /234 –0.2) x 1.5) x 94\] –\[28/2\] = 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 requirements as outlined in the Tree Standards and tree preservation plan. After putting as many trees as feasible on the site, if the replacement requirement is still not met, the EEDD Director can approve tree replacement steps as outlined 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 and general welfare 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. The EEDD Director or city forester 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 EEDD Director and city forester shall have the ability and authority 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, stumps, and firewood. b.The EEDD Director and city forester may enter upon private premises at any reasonable time for the purpose of carrying out any of the duties assigned under this ordinance. 5.Abatement of shade tree pest nuisances. a.The EEDD Director or city forester shall notify in writing the owner of record or occupant of the premisesthat 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 fails 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 EEDD Director or city forester may order the work done either by city employees or by contractor. The cost of this work shall be billed to the owner. 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 shade 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. Nothing in thisordinance shall prevent the city, without notice or other process, from immediately abating any condition that poses an imminent and serious hazard to human life or safety. Sec. 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 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 reasonable 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. Section 2: This section revises Chapter 12 (Buildings and Building Regulations), Article VI (Contractors and Subcontractors) to update licensing requirements for tree service companies. Sec. 12-207. 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 firstobtain a license or register to do so as provided in this ordinance: 1.Cement work, cement blockwork, cement blocklaying or brickwork. 2.Generalconstruction, 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.Gasinstallation, including heating, appliances, devices or machinery, etc. 8.Welldrilling. 9.Roofing. 10.Sign and billboard erecting. 11.Excavators for basements, foundations, grading of lots, etc. 12.Cesspool andprivate sewer disposal installers. 13.Sodding and landscaping. 14.Tree service (pruning, removal, treatment, or care). 15.Elevators. Sec. 12-218. Tree service company licenses. 1.No person for hire shall fell, cut, or trim any tree 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 shall comply with the American National Standards Institute (ANSI) Standard A300, parts 1 through 9. 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 or contract with an individual who possesses current certification as an arborist from the International Society of Arboriculture (ISA) or an individual that holds a post- secondary degree in urban forestry, arboriculture, or an equivalent area of study as approved by the EEDD Director. The Maplewood City Council approved this ordinance on December 21, 2015.