The URL can be used to link to this page

Home My WebLink About2096-97 - ADMIN Ordinance - City Council - 1997/07/07ORDINANCE NO. 2096-97 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATING TO ZONING BY AMENDING SECTIONS 14:3-1 AND 14:4-11 THE CITY OF ST. LOUIS PARK DOES ORDAIN: Findings Sec L The City Council has considered the advice and recommendation of the Planning Commission (Case No. 97-2-ZA) Sec. 2. The St. Louis Park Ordinance Code, Sections 14:3-1 and 14:4-11 are hereby amended to read as follows: SECTION 3-1 DEFINITIONS (Page 18) Significant Tree: Significant trees shall fall under two categories. Category A shall include the following species: Siberian Elm (Ulmus pumila) All Populus species (Aspen, Cottonwood) All Salix species (Willow) All Betula species (Birch) Boxelder (Acer negundo) Silver Maple (Acer sacharinum) Black Locust (Robina pseudoacacia) Category B shall include all other tree species. A significant tree is any Category A tree having a DBH of eight (8) inches or more that is alive and healthy or a Category B tree having a DBH of four (4) inches or more if deciduous or six (6) feet in height if an evergreen. SECTION 14:4-11.2 PUBLIC LAND (Page 44) A. Restrictions for tree removal No person who is not authorized by the City shall remove any tree from any public land without obtaining a permit from the City Forester. B. Standards for Replacement Any tree which is removed form any public land including City, County, or State right of way, shall be replaced by the person or entity who removed it unless the removed tree is dead or diseased and its removal is authorized by the City. Replacement shall be in the following manner: 1. Replacement of any live tree which is removed from any public land shall be required on a caliper inch for caliper inch basis. SECTION 14:4-11.3 PRIVATE LAND (Page 47) Any person removing any significant tree from private land in the City shall be governed by the following provisions unless exempted by Section B.1. below: A. Restrictions for removal - Permit Required. Any person removing any tree except dead or diseased trees for any purpose shall be governed by the following provisions: 1. No significant tree shall be cut down, destroyed or removed from any property unless it is authorized by a permit issued by the City in a manner provided by this section. 2. No land shall be altered which will result in the removal or destruction of any significant tree unless the destruction is authorized by a permit issued by the City in the manner provided in this section. 3 Permit application. The application for such permit shall include the following: a. The name and address of person applying for the permit. b. The name and address of the property owner. c. A tree inventory of the site certified by a registered land surveyor, landscape architect, or forester which identifies the size, species, condition, and location on the land of all existing significant trees on the property. In addition this inventory shall identify all significant trees which will be cut down, removed, or lost due to grading or other damage. The tree inventory shall be varified by the City Forester. d. Where the tree removal involves land alteration, a topographic map having a minimum scale of one (1) inch equals fifty (50) feet and elevation contours at two (2) foot intervals. This map shall indicate all existing and proposed contours including site grading the location of all proposed building pads and the location of existing significant trees. 1 e. Where the tree removal involves land alteration, a land alteration (grading) plan which identifies the following: i. any grade change or land alteration whether temporary or permanent, of greater than one (1) foot measured vertically, affecting 30% (as measured on a horizontal plane) or more of a tree's root zone. ii. utility construction which may result in the cutting of 30% or more of a tree's roots -within the root zone. iii. any areas where soil compaction is planned to a depth of 6 inches or more of 30% or more of the surface of the soil within a root zone. f. A plan for the protection of trees intended to be saved. g. A statement of the proposed use of the land including a description of the type of building or structure existing or proposed to be constructed on the site. h. The number, type and size of trees required to be replaced by this Section. i. The proposed locations of the replacement trees. B. Approval of a permit for the removal of any significant tree or for land alteration which results in tree destruction shall be subject to and conditioned upon compliance by the owner or developer with the following requirements: 1. Exemptions a. The provisions of Section 14:4-11.3 shall not apply to trees removed from existing lots of record in the R-1, R-2, and R-3 Use Districts which are developed or intended to be developed with single family, two family or cluster housing dwellings on the effective date of this Ordinance. If any existing lot of record is subsequently subdivided, tree replacement shall be required for all of the new resulting lots or parcels. 2. The owner or developer shall replace the loss or reasonable anticipated loss due to destruction, grading or building of all significant trees. The amount of trees to be provided in replacement shall be determined by the following formula: ((A/B) x C) x A = D A = Total diameter inches of significant trees lost as a result of land alteration or removal. B = Total diameter inches of significant trees situated on the land. C = Tree replacement constant (1.2) D = Replacement Trees (Number of caliper inches). 3. Location of replacement trees. Replacement trees shall be planted on: - a. restoration areas including steep slopes b. common areas c. bufferyards between different land uses or activities d. project entrance areas e. any other part of the parcel except that dedicated or conveyed to the City, unless the City consents in writing. f if there is insufficient area within the project to plant the required replacement trees, these may be planted within any park, open space, or boulevard within the City as determined by the City provided the City consents in writing. The trees required to be replaced by this Section shall be in addition to any other trees required to be planted by any other provision of the Ordinance. SECTION 14:4-11 4 STANDARDS FOR REPLACEMENT (Page 49) A. All trees required to be replaced by Section 14:4-11 shall be replaced in the following manner. However, when the number of significant trees removed is 5 or fewer, the person removing the trees may elect to determine replacement amounts using provisions established in Section 14:4-11.2B (1) for public land rather that those outlined below 1. Sizes of Replacement trees. Replacement trees must be no less than the following sizes: a. Deciduous Overstory Trees - No less tan 2 1/2 caliper inches (diameter 1 foot above the ground). b. Understory Trees - No less than 2 caliper inches c. Coniferous Trees - No less than 6' high. 2. Types of Replacement Trees. Replacement trees shall be of a species similar to the trees which are lost or removed, but shall be limited to one of those species shown in Section 14:6-4.4. No more than 50% of the caliper inches of replacement trees shall be understory trees. 1 1 1 3. Time to Performs. Replacement trees shall be planted within 18 months from the date the permit authorizing the removal of trees is issued. 4. Missing, Dead or Unhealthy Trees. Any replacement tree which is not alive and healthy one (1) year following the date that it was planted C. The surety shall be maintained for at least one (1) year after the date that the last replacement tree has been planted. The City may release 125% of the estimated cost of replacement of all trees which are certified by the City to be alive and healthy at the end of the year after they were planted and if all of the trees intended to be saved are alive and healthy. To be certified as alive and healthy the following conditions must exist as certified by the City Forester. 1. No tree shall have sustained mechanical injury to the trunk of a tree causing loss of more than 30% of the bark circumference of the tree at any location along the tree's trunk. 2. No tree shall have had soil compacted to 6 inches deep over more than 30% of its root zone. 3. No tree shall have had more than 30% of its roots cut for the installation of any utility or for any other purpose. 4. No tree shall possess more than 25% of its crown in dead branches, SECTION 14.4-11. 5 TREE PROTECTION (Page 51) All trees which are to be retained on any site shall be marked and physically protected from harm or destruction caused by soil compaction, bark abrasions, changes in soil chemistry, out of season pruning, and root cutting during construction. A. Before any construction or grading of any development project occurs, snowfencing or erosion control fencing shall be placed around the borders of woodlots or the drip lines of significant trees to be preserved. Signs shall be placed along this fence line prohibiting grading beyond the fence line. This fence must remain in place until all grading and construction activity is terminated. B. No equipment, construction materials or soil may be stored within the drip lines of any significant trees to be preserved. C Care must be taken to prevent the change in soil chemistry due to concrete washout and leakage or spillage of toxic materials such as fuels or paints. D. Drainage patterns on the site shall not change considerably causing drastic environmental changes in the soil moisture content where trees are intended to be preserved. E. Pruning of oak trees must not take place from April 15 through July 1. If wounding of oak trees occurs, a non-toxic tree wound dressing must be applied immediately. Excavators must have a non-toxic tree wound dressing with them on the development site. Renumber Section 14:4-11.7 to 14:4-11.6 Sec. 3 The contents of Planning Case File 97-2-ZA are hereby entered into and made part of the public hearing record and the record of decision for this case. Sec.4 This Ordinance shall take effect fifteen days after its publication. ATTEST: C Clerk Reviewed for administration: 9321:RES11 Adopted by the City Council July 7, 1997 Approved as to form and execution: 1' Ji- tyattorney ` 1 1 1 e STATE OF MINNESOTA) SS. COUNTY OF HENNEPIN) Denis L. Mindak �U OurCunwt Oarfo�t iin4�b AFFIDAVIT OF PUBLICATION , being duly sworn on an oath says that he/she Is the publisher or authorized agent and employee of the publisher of the newspaper known as Sun- S a i I or , and has full knowledge of the facts which are stated below. (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statue 331A.02, 331A.07, and other applicable laws, as amended. (B)Thepnnted Summary of Ordinance No. 2096-97 which is attached was cut from the columns of said newspaper, and was pnnted and published once each week, for on Wednesday one the 16 day of successive weeks; it was first published Jul Y , 19.2.L., and was thereafter printed and published on every to and Including the day of , 19 : and printed below is a copy of t Iver case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abedefghijklmnopgretuvwxyz / I BY: TITLE: Publisher Acknowledged before me on this 16 day of J /i I y No ry Public ERIDEL tib; HEOBLUM h! I A P: PUBUC - MINNESOTA l+ HENNEPIN COUNTY 13 iJoni missy n :rpires Jan 31, 2300 ,19 97. RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2 Maximum rate allowed by law for the above matter ( Rate actually charged for the above matter $ 2.55 per line $ 6 20 per line $ 1 20 per line City of St. Louis Park (Official Publication) SUMMARY ORDINANCE No 2096-97 AN ORDINANCE AMENDING THE ST LOUIS PARK ORDINANCE CODE RELATING TO ZONING BY AMENDING SECTIONS 14.3-1 AND 14.4-11 This ordinance amends the language relative to tree preservation that will make the ordinance easier to ad- minister and to understand, and would tie more clearly to a required process to the_Subdrvrsron Ordinance The in- tent of this section is to require the preservation of existing trees in the community, especially during development or redevelopment of land in St Louis Park, but to exempt sin- gle family properties This ordinance shall take effect 15 days after publica- tion Adopted by the City Council .July 7, 1997 /s/Gail Dorfman Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk (July 16, 1997)A3/Cty SLP Ord 2096-97