HomeMy WebLinkAbout1109 ORDINANCE NO. 1109
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING THE SUBDIVISION ORDINANCE AND ZONING ORDINANCE OF THE
LAKEVILLE CITY CODE
THE CITY COUNCILOFTHE CITY OF LAKEVILLE ORDAINS:
Section 1. Section 10-3-2.C.3.d of the Subdivision Ordinance(Plat and Data Requirements
-Preliminary Plat)is hereby amended to read as follows:
D. A tree preservation plan and tree replacement plan as required by section 11-21-11 of the
Zoning Ordinance.
Section 2. Section 10-4-7.D of the Subdivision Ordinance (Design Standards - Tree
Protected Areas)is hereby amended to read as follows:
D. The submission of a tree preservation plan subject to the requirements and procedures
established by section 11-21-11 of the Zoning Ordinance.
Section 3. Section 10-4-11 of the Subdivision Ordinance (Design Standards - Tree
Preservation)is hereby repealed in its entirety with subsequent sections renumbered accordingly.
Section 4. Section 11-2-3 of the Zoning Ordinance (Rules and Definitions - Definitions) is
hereby amended add the following definitions alphabetically:
TREE PRESERVATION RELATED:
A. Caliper Inches: Stem diameter of nursery stock as identified by the American Standard for
Nursery Stock.
B. Common Tree: A deciduous overstory tree including cottonwood, poplars/aspen, boxelder,
willow, silver maple, elm, black locust or any tree considered non-native to Minnesota.
C. Coniferous Tree: A woody plant bearing seeds and cones having foliage on the outermost
portion of the branches throughout the year; Tamaracks are included as a coniferous tree
species.
D. Construction Activity:Any disturbance to the land that results in a change in the topography
or existing soil cover (both vegetative and nonvegetative) that may result in accelerated
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stormwater runoff, teading to soil erosion and movement of sediment into surface waters or
drainage systems including, but not limited to, clearing, grading,fitling, excavating, buitding
construction and landscaping.
E. Construction Damage:Any action such as filling,scraping,trenching, or compacting the soil
around trees or wounding trees in such a manner that it may result in the eventual death of
the tree.
F. Critical Root Zone (CRZ). An imaginary circle surrounding the tree trunk with a radius
distance of one foot(1')for each one inch (1")of tree diameter from the trunk outwards(e.g.
a twenty-inch diameter tree has a critical root zone with a radius of twenty feet (20') as
measured from the trunk).
G. Deciduous Tree:A woody plant with a defined crown that sheds leaves annually.
H. Diameter Inches: The diameter of the main stem of the tree measured at a point four and
one-half feet(4.5')above the ground.
I. Drip Line:The furthest distance away from the trunk of a tree that rain or dew will fall directly
to the ground from the leaves or the branches of the tree.
J. Hardwood Deciduous: Any deciduous tree with the exception of those defined as common
trees.
K. Heritage Tree:A healthy hardwood deciduous tree, measuring equat to or greater than thirty
inches (30") inches in diameter or a healthy coniferous tree measuring forty feet (40') in
height.
L. Landscaping: Plantings such as trees, perennials,grass, and shrubs.
M. Nuisance Tree:Any tree defined by section 4-4-4 of this code to be a public nuisance.
N. Shade Tree Disease: Dutch elm disease (Ophiostoma ulmi or Ophiostoma novo-ulmi), oak
wilt (Ceratocystis fagacearum), or any other tree disease of epidemic nature as defined by
section 4-4-3 of this code.
O. Shade Tree Pest: Any vertebrate or invertebrate animal, plant pathogen, parasitic plant or
allied organism in the community threatening to cause significant damage on an epidemic
level to a shade tree or community forest as defined by section 4-4-3 of this code.
P. Significant Diameter Inches: The total diameter inches of all significant trees inventoried in
each tree category(common, conifer, hardwood deciduous, heritage).
Q. Significant Tree: A healthy tree measuring a minimum of six inches (6") in diameter for
deciduous trees or six(6)inches in diameter or twelve feet(12')in height for coniferous trees.
R. Significant Woodland: Two (2) acres or more of undisturbed woodland, predominantly
composed of significant and/or heritage hardwood and/or coniferous trees.
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S. Tree Certification: A certified inventory of trees on the site after work is complete tisting all
trees and their final disposition signed by a licensed or registered forester or registered
landscape architect, International Society of Arboriculture (ISA) Certified Arborist, or a
Registered Consuttant Arborist(RCA).
T. Tree Preservation Plan: A plan certified by a licensed or registered forester, registered
landscape architect, International Society of Arboriculture (ISA) Certified Arborist, or a
Registered Consultant Arborist(RCA)that identifies the species, size, and tag number of all
significant trees and their locations within the subject property identifying trees to be saved,
trees to be removed,the measures proposed to protect significant trees for the duration of
construction, and the calculations to determine the number of replacement trees required.
U. Tree Protection Zone (TPZ):An identified area around one (1)or more significant trees where
construction activities are restricted to avoid damage to the tree(s) and root system(s) and
to protect soils from compaction.
Section 5. Section 11-21-9.B of the Zoning Ordinance (Fencing/Screening/Landscaping—
Required Screening and Landscaping) is hereby repealed in its entirety and amended to read as
follows:
B. Landscaping:All residential,commercial, industrial, and institutional uses shall require the
following landscaping:
1. Single-family dwellings in all zoning districts and two family uses within the RST-1
District shall provide a minimum of two (2) deciduous shade trees per lot. Tree
species shall be limited to those identified on the City of Lakeville Building Permit
Guidelines,except as otherwise approved by the City Forester.
2. Detached townhouses,two family,townhouse and multiple family uses shall comply
with the landscape requirements of the RST-1, RM-1, RM-2, RM-3, RH-1, RH-1, M-1,
and M-2 Districts.
3. Commercial, industrial, and institutional uses shall submit a landscape plan as
provided for by Section 11-21-9.0 of this section with an emphasis upon the following
areas:
a. The boundary or perimeter of the proposed site at points adjoining other
property.
b. The immediate perimeter of the structure.
c. The perimeter of off-street parking areas and loading areas in accordance
with section 11-21-9.D ofthis chapter.
4. Residential buffer yards shall be installed as required by section 11-21-9.E of this
chapter.
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Section 6. Section 11-21-11 of the Zoning Ordinance (Fencing/Screening/Landscaping —
Tree Preservation)is hereby repealed in its entirety and amended to read as follows:
11-21-11:TREE PRESERVATION:
A. Purpose. The purpose of this section is to identify trees that are to be saved when
development or land disturbing activity is occurring in wooded areas. It is the city's intent to
protect, preserve, and enhance the natural environment of Lakeville and to encourage a
resourceful and prudent approach to the development of wooded areas. In the interest of
achieving these objectives,the city has established tree preservation regulations to promote
the following:
1. Protection and preservation of the environment, the benefits that trees and
woodlands provide to the community, and the natural beauty of the city.
2. Assurance of orderly development within wooded areas to minimize tree and habitat
loss.
3. Evaluation of the impacts to trees and wooded areas resulting from development.
4. Establishment of minimum standards for tree preservation and the mitigation of
environmental impacts resulting from tree removal.
5. Reflect the developer's best effort to determine the most feasible and practical
layout of buildings, parking lots, driveways, streets, storage, stormwater basins, and
other physical features such that that the minimum number of significant trees are
damaged or removed as a result of development.
B. Scope. The following types of development within the city shall require a tree preservation
plan regardless of zoning district:
1. New development at the time of application for subdivision approval in accordance
with title 10 of this code.
2. New development requiring site plan approval in accordance with chapter 9 of this
title.
3. Application for building permit for infill development involving new singte family or
two-family(duplex)construction on a vacant lot of record.
4. Application for building permit for reconstruction or expansion of an existing
residential principal building that enlarges the footprint of the original existing
structure on lots equal to or larger than one (1) acre in size not including easements
or right of way shall require a tree preservation plan prepared by the property owner
or licensed or certified forester, licensed landscape architect, International Society
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of Arboriculture (ISA) Certified Arborist, or a Registered Consultant Arborist (RCA)
preparing the plan for heritage trees located on the lot.
5. Land disturbing activities as regutated by section 11-16-7 of this title.
C. Incentives. As an incentive to protect heritage trees or significant woodlands, the city will
allow the following:
1. Heritage Tree Credit. A credit may be apptied to the required tree replacement if a
heatthy heritage tree within a subject property is preserved.
2. Significant Woodland Credit. A credit may be applied to the required tree
replacement if a significant woodland area within a subject property is preserved.
Credits will be given for significant or heritage trees within the significant woodland.
3. Trees and woodlands etigible for the credits provided for by this section shall be
approved by the city forester as healthy trees worth saving.
4. Credit shall not be approved for trees located within fifteen feet (15') of a buitding
pad.
5. A credit in diameter inches will be applied at a ratio of two inches of replacement for
one inch preserved (2:1) up to fifty percent (50%) of the required replacement
diameter inches.
6. If a tree for which a credit is provided does not survive two (2) years after
construction, the developer shall be required to pay the cash fee in lieu of
replacement planting fee in accordance with the city fee schedule in effect at the
time the tree preservation plan was approved.
D. Implementation,Administration, and Compliance:
1. No land disturbance or removal of trees shall occur within properties subject to the
provisions of this section until a tree preservation plan and tree replacement plan has
been approved by the city forester.
2. Tree Removal Prior To Development:
a. A developer shatl be responsible for replacement tree planting for the total
removal of trees within an area greater than two(2)acres occurring within two
(2) years of an application for development subject to the provisions of this
section.
b. The replacement schedule for tree removal prior to development shall be
calculated at one (1) replacement tree that complies with section 11-21-
11.G.2 of this section for every three hundred (300) square feet of trees
removed,with fractions thereof rounded up to the next whole number.
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3. Inspection. A developer shall imptement the tree preservation plan as approved by
the city forester prior to and during any land disturbance or construction activities;
the city forester shall determine whether compliance with the tree preservation plan
has been met and shall have the right to inspect the subject property to determine
compliance with the approved tree preservation plan.
4. Tree Protection Removal. Tree protection measures as approved on the tree
preservation plan shall remain in place until atl land disturbing and construction
activity is terminated or until a request to remove the tree protection measures is
made to, and approved by,the city forester.
5. Preserved Tree Mitigation. If significant tree(s) or heritage trees identified to be
preserved on the approved tree preservation plan is removed or damaged to the point
that the city forester believes the tree will not survive, the developer shall provide
replacement trees for one hundred percent(100%) of the diameter inches removed,
or pay to the City a tree replacement fee in the amount set forth in the City fee
schedule.
E. Tree Preservation Plan Required. A tree preservation plan shall be prepared and submitted
in accordance with the following provisions:
1. Information Required. The tree preservation plan shall be a separate plan sheet(s)
that includes the following information:
a. The name(s), telephone number(s), email address(es), and mailing
address(es) of the person(s) responsible for tree preservation during the
course of the development project.
b. Atree inventory in both graphic and tabularform, indicatingthe size,species,
general condition, and location of all existing significant and heritage trees
located within the subject property.All significant and heritage trees shall be
tagged in the field for reference on the tree preservation plan.
c. Trees that were planted as part of a commercial business,such as a tree farm
or nursery, that the developer shall provide sufficient evidence of to support
the determination by the city forester that the trees were planted as part of a
commercial business do not need to be inventoried on an individual tree
basis, but a general description of the trees and an outer boundary of the
planted area must be provided.
d. A listing of the total diameter inches of healthy significant and heritage trees
inventoried, not including exempt trees as identified in section F.4 of this
section.
e. A listing of the total diameter inches of healthy significant, heritage, and
hardwood deciduous, and coniferous trees and common trees to be
removed.
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f. Delineation of all areas to be graded and limits of land disturbance.
g. Locations of the proposed buildings, structures,and impervious surfaces for
each lot including custom graded lots.
h. Identification in both graphic and tabular form of all significant and heritage
trees proposed to be saved or removed within the construction area.
i. Outer boundary of all contiguous significant wooded areas to be saved.
j. Tree protection measures to preserve significant and heritage trees to be
saved, including required protective measures and any additional protective
measures.
k. Size, species, number, and location of all replacement trees proposed to be
lanted on the ro ert in accordance with the tree re lacement schedule in
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both graphic and tabutar form.
2. Certification.All tree preservation plans and tree replacement plans shall require the
signature of the licensed or certified forester, licensed landscape architect,
International Society of Arboriculture (ISA) Certified Arborist, or a Registered
Consultant Arborist(RCA) preparing the plan.
F. Allowed Tree Removal:
1. Heritage Trees. Trees defined as heritage trees are unique to Lakeville due to their
size and age. All reasonabte measures shall be taken to preserve these trees; Alt
diameter inches of heritage tree removed shall require replacement in accordance
with the replacement schedule established by section 11-21-11.G of this section.
2. Residential Districts:
a. Development in residential districts may remove or disturb up to forty percent
(40%) of the total diameter inches of significant trees without replacement
requirement; any tree removat or disturbance beyond this threshold shall
require replacement tree planting.
b. The following calcutation procedure shall be used to determine tree
replacement requirements:
(1) Determine the total number of diameter inches of significant trees
within the subject property.
(2) Calculate forty percent (40%) of the total diameter inches of
significant trees within the subject property to determine the atlowed
tree removal timit, or the number of diameter inches allowed to be
removed without replacement.
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(3) Subtract the total diameter inches of common trees that will be
removed from the allowed tree removal limit;
(4) If any diameter inches remain, subtract the total diameter of
significant coniferous trees that will be removed from the remaining
allowed tree removal timit;
(5) If any diameter inches remain, subtract the total diameter inches of
significant hardwood deciduous trees that will be removed from the
remaining allowable tree removal limit.
(6) If at any point in the above calculation procedure the number of
inches to be removed exceeds the forty percent (40%) allowable
removal limit, the remaining inches of removal above the removal
limit shall require replacement as provided for by section 11-21-11.G
of this section.
3. Mixed Use, Commercial, Industrial, and Special Districts:
a. Development in mixed use.commercial, industrial, and special districts may
remove up to seventy percent(70%)of the totat diameter inches of significant
trees without replacement; any removal or disturbance of trees beyond this
threshold shall require reptacement tree planting or mitigation.
b. The followin calculation rocedure shall be used to determine tree
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replacement requirements:
(1) Determine the total number of diameter inches of significant trees
within the sub�ect ro ert .
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(2) Catculate seventy percent (70%) of the total diameter inches of
significant trees within the subject property to determine the allowed
tree removal limit, or the number of diameter inches altowed to be
removed without replacement.
(3) Subtract the total diameter inches of common trees that will be
removed from the allowed tree removal limit;
(4) If any diameter inches remain, subtract the total diameter of
significant coniferous trees that will be removed from the remaining
allowed tree removal limit;
(5) If any diameter inches remain, subtract the total diameter inches of
significant hardwood deciduous trees that will be removed from the
remaining allowable tree removal limit.
(6) If at any point in the above calculation procedure the number of
inches to be removed exceeds the seventy percent (70%) allowable
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removal limit, the remaining inches of removal above the removal
limit shall require replacement as provided for by section 11-21-11.G
of this section.
4. Exceptions.Any trees removed or disturbed under the following circumstances shall
be exempt from removal threshold calculation:
a. Dead trees.
b. Any living or standing tree infected to any degree with a shade tree disease or
shade tree pest, unless properly treated under the direction of a professional
arborist or City Forester.
c. Trees listed as invasive by the Minnesota Department of Agriculture;
d. Trees planted as part of a commercial operation including a tree farm or
orchard.
e. Trees located within the right-of-way of major cotlector and arterial streets.
G. Tree Replacement Requirements:
1. If the diameter inches of trees removed exceed the allowed removal threshold
determined in accordance with section 11-21-11.F of this section, the remaining
inches of removal above the removat limit shall be replaced according to the
following replacement schedule,adjusted for tree type as follows:
a. Common trees: Twelve and one-half percent (12.5%) of the diameter inches
removed above the removal limit shall be replaced.
b. Conifer trees:
(1) Twenty five percent(25%) of the diameter inches removed above the
removal limit must be replaced.
(2) Coniferous species shall be replaced with new trees, either
coniferous or deciduous, at a rate of twenty five percent (25%) the
diameter inches removed.
c. Hardwood deciduous trees: Fifty percent (50%) of the diameter inches
removed above the removal limit shall be replaced with new deciduous or
coniferous tree diameter inches.
d. Heritage trees: One hundred percent (100%) of diameter inches removed
must be replaced.
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e. Trees indicated on the tree preservation plan to be saved but ultimately were
removed or damaged shall be replaced at one hundred percent(100%)of the
diameter inches removed.
f. The reconstruction or expansion or existing residential primary structures on
lots larger than one (1) acre shall require each heritage tree removed to be
replaced at a rate of two (2) replacement trees that compty with section 11-
21-11.G.2 for every one(1) heritage tree removed.
2. Replacement trees shall consist of certified nursery stock that meet the American
Standard for Nursery Stock and be not less than the following sizes:
a. Deciduous: Not less than two and one-half caliper inches(2.5").
b. Coniferous: Not tess than six feet(6')feet in height,which shall be equivalent
to 2.5" caliper when determining reptacement requirements.
c. Replacement trees may be larger than two and one-half caliper inches (2.5")
or six feet (6') in height, as applicable, but the additionat size shall only be
credited for at the minimum required caliper inches or height.
d. Replacement tree species shall be limited to those identified on the City of
Lakevilte Building Permit Guidelines, except as otherwise approved by the
city forester, and the following:
(1) Where ten(10)or more replacement trees are required,not more than
twenty percent(20%)shall be of the same genus.
(2) Ornamental tree species of a lesser size may comprise up to fifteen
percent(15%)of the required replacement diameter inches provided
that the required total replacement diameter inches is met.
3. Required tree replacements shall be shown in graphic and tabular form on a
tandscape plan prepared and signed by a licensed forester or a registered
landscape architect in accordance with section 11-21-9.0 of this chapter and the
fotlowing:
a. The location of replacement trees shall be approved by the city
forester.
b. Replacement trees shall be planted on the same property or
development area from which the trees were removed. Replacement
trees shall not be placed on easements or street rights-of-way,
except as allowed by the City Engineer.
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c. If tree replacement is required within an individual lot because the
builder removed or damaged a tree that identified to be saved on the
approved tree preservation plan, the forester or landscape architect
shall determine where the replacement trees shall be installed.
d. Trees planted on an individual lot basis as required by section 11-21-
9.B of this chapter shall not be credited as replacement tree diameter
inches, except for those trees planted as a residential landscape
bufferyard in accordance with section 11-21-9.E ofthis chapter.
4. Cash Contribution:
a. The city recognizes that there may be developments where required
tree replacement cannot practically be accomplished within the
subject property.
b. In lieu of planting replacement diameter inches,the city may require
a cash fee as established by the city fee schedule.
c. The city may at its discretion,elect to require to receive a combination
of planting of replacement trees and payment of cash fees in lieu of
planting reptacement trees.
d. Cash fees accepted by the city in lieu of (or in combination with)
planting of replacement trees shall be placed in the community
planting fund and used only for reforestation projects, forest
improvement projects, or public acquisition of forested lands in the
city.
5. Warranty requirement.
a. All trees identified to be preserved shall be guaranteed to be alive, in
good health, and of good quality and structural condition for two (2)
years from the date of project completion.
b. All trees planted as replacement trees in accordance with this
section shall be guaranteed to be alive, in good health, and of good
quality and structural condition for twelve (12) months from the time
of planting.
c. Warranty Replacement:
(1) Any tree identified to be preserved or reptacement tree which
is not alive or healthy, as determined by the city forester,
before the expiration of the warranty period shall be removed
and replaced with a new tree meeting the requirements for a
replacement tree required by section 11-21-11.G of this
section.
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(2) The warranty replacement tree shall be planted within eight
(8) months of removat.
(3) The warranty replacement tree shall be guaranteed to be
alive, in good health, and of good quality and structural
condition for twelve(12) months from the time of planting.
H. Required Protective Measures. The tree preservation plan shall identify and require the
following measures to be utilized to protect significant trees:
1. Priorto land disturbance or construction activity,orange polyethylene laminar safety
netting or chain link fencing,four feet(4')in height shall be installed at the drip line or
at the perimeter of the critical root zone, whichever is greater, of significant trees,
heritage trees, and significant woodlands to be preserved to define the tree
protection zone.
2. No land disturbance or construction activity shall occur within the tree protection
zone.
2. Storage, operation, or parking of vehictes, construction equipment, or construction
materials within a tree protection zone shall be prohibited.
3. Root pruning at the edge of a tree protection zone shall be completed by hand or with
a machine designated for root sawing prior to grading or other soil disturbance.
4. Oak Trees:
a. Oak trees shall not be pruned,wounded,or damaged (roots, bark, branches,
etc.) between the dates of April 1 and July 30.
b. Contractors shall have a nontoxic tree wound dressing with them on the
development site; if wounding of oak trees occurs, a nontoxic tree wound
dressing must be applied immediately.
5. Implementation of ineasures approved by the city engineer to prevent change in soil
chemistry due to concrete washout and leakage or spillage of toxic materiats, such
as fuels or paints.
I. Additional Protective Measures. The following tree protection measures are recommended
to protect significant trees that are to be preserved according to the approved tree
preservation plan, and may be required as determined necessary by the city forester:
1. Installation of retaining walls or tree wells to preserve trees.
2. Placement of utilities in common trenches outside of the tree protection zone of
significant trees, or use of tunneled instatlation.
3. Use of tree root aeration to mitigate compacted soils
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4. Provision of supplemental irrigation during the growing season when dry weather
occurs.
5. Installation of tree protection measures to protect and preserve trees located on
abutting properties or the public right-of-way.
J. Performance Security. The developer shall provide a performance security to the city in
accordance with the city fee schedule. The security will be included in the development
contract to ensure protective measures are installed and maintained and to guarantee
replacement of all significant trees that were to be saved but were destroyed or damaged.
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Section 7. This Ordinance shall be effective immediately upon its passage and publication
according to law.
ADOPTED by the Lakeville City Council this i u• day of , 025.
CITY OF LAKEVILLE
BY: ' ' `�
Luke M. Hellier, Mayor
ATTEST
BY:
Ann Orlofsky,City Clerk
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