Ordinance 595 Urban Forest Preservation to Title 15CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. 595
ADDING CHAPTER 3: URBAN FOREST PRESERVATION TO
TITLE 15: ENVIRONMENTAL STANDARDS TO THE CODE OF
ORDINANCES
SECTION:
15-3-1: PURPOSE
15-3-2: APPLICABILITY
15-3-3: DEFINITIONS
15-3-4: STANDARDS
15-3-5: FOREST ALTERATION PERMIT
15-3-6: FOREST MANAGEMENT PLAN REQUIRED
15-3-7: TREE LOSS MITIGATION
15-3-8: DISEASED TREES
15-3-9: ENFORCEMENT
15-3-1: PURPOSE.
Trees and woodlands play an integral role throughout the City of Mendota Heights, providing
improved air quality, erosion control, energy conservation, wildlife habitat, cooler surface
temperatures, increased property values, and aesthetic beauty. It is therefore the intent of the City
of Mendota Heights to protect, preserve, and enhance trees and woodlands within the City, by
reasonably limiting the removal of trees during construction, site work, and land development
activities, as well as to mitigate for the loss of trees due to these activities, thereby promoting and
protecting public health, safety, welfare and assuring a healthy urban forest into the future.
15-3-2: APPLICABILITY.
This ordinance applies to CO development, or redevelopment projects that require a
grading permit, building permit, or planning application, and will affect trees or forested areas.
This ordinance also applies to any proposed Heritage Tree removal, or property in which 33% or
more significant and/or heritage trees are removed from the property where the property contains
a minimum of seven trees.
15-3-3: DEFINITIONS.
The following words, terms and phrases, as used in this division, shall have the meanings
ascribed to them in this section:
American National Standards Institute (ANSI) A300 Tree standards ("ANSIA300')means
standards set forth by the ANSI in Standard A300 that establish the performance standards for
the care and maintenance of trees, shrubs, and other woody plants. The ANSI A300 is available
from the City's Natural Resources Coordinator.
Applicant
means developer, builder, contractor, or
property owner who applies for a forest
alteration,
land use alteration, grading or building
permit; or
as part of a planning case.
Certified "I b 1st means an arborist with up-to-date certification by the Interom onal Society of
Arborists (ISA).
Conifer tree means a woody plant that is a member of the division Pinophyta and at maturity is at
least 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 only native conifer in
our climate that drops all of its needles in the fall.
Control includes measures to prevent, slow the spread, suppress, eradicate, or destroy a tree
disease or pests.
Critical Root Zone (CRZ) means the minimum area around a tree that must remain undisturbed.
The critical root radius is calculated by measuring the tree's diameter at standard height (DSH).
For each inch of tree diameter, 1.5 feet of root zone radius must be protected. For example, if a
tree's DSH is 10 inches, then its critical root zone radius is 15 feet (10 x 1.5 = 15).
Deciduous tree means a woody plant, which sheds leaves annually, having a defined crown, and
at maturity is at least 15 feet or more in height.
Development means a project on land, including vacant land, which the construction of
structures, improvements, or land use changes has been approved or requires a permit by the
City.
Diameter at Standard Height (DSH) is a measurement used for trees in the landscape. It is the
diameter of a tree trunk as measured at a height of our and one-half feet above ground. Diameter
is determined by measuring the circumference of the tree trunk at four and one-half feet above
ground and dividing by 3.14.
Forest is a stand of significant trees covering at least a quarter acre of ground, where the leaves
and branches of trees (forest canopy) shade 75 percent or more of the ground. Forests can be
continuous areas covering many acres or can be isolated quarter -acre patches on individual or
multiple lots.
Forest management plan is a plan that shows all trees located within the area to be developed or
within the property. The plan shall include all significant and heritage 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 and management plan section. The plan
shall be developed by a forestry or horticultural professional.
Forest Pest or Shade Tree Pest has the same meaning as set forth in Minnesota Statutes § 89.001,
as may be amended from time to time.
Hazard tree means a tree that has structural defects that may cause the tree or tree part to fail,
and has been determined that such failure could cause property damage or personal injury and
has been identified as a hazard tree or high risk tree by an International Society of Agriculture
(ISA) Certified Arborist.
Heritage tree means a tree of any native species or cultivar of a native species that is 24 inches in
diameter or greater, excluding invasive species. Heritage trees are healthy trees that are likely to
have a life expectancy of greater than ten years, have a relatively sound and solid trunk with no
extensive decay, and have no major insects, pathological problem, or defects and is not deemed a
Hazard Tree. Heritage trees are valued for their size and their legacy.
Invasive species means species that are not native to Minnesota and cause economic or
environmental harm or harm to human health or are regulated as prohibited or restricted under
the Minnesota Department of Agriculture's noxious weed law.
Native tree means a tree native to the local ecosystems) found in Mendota Heights and
immediate surrounding area, is naturally found in the area, is suited to the local climatological
conditions or recommended by the Minnesota Department of Natural Resources as a native tree
for the changing climate, and is not an introduced, exotic, noxious, or invasive species.
Natural Resources Coordinator means a natural resources professional who is employed by the
City or appropriate agent or independent contractor designated by the City.
Redevelopment means a project in which the construction of structures, improvements, or land
use changes has been approved or requires a permit by the City. Lots with existing structures that
are split for the construction of additional structures are included in this definition.
Shade tree means a woody perennial that at maturity is at least 15 feet in height and grown
primarily for aesthetic or environmental purposes.
Significant tree means a healthy tree measuring a minimum of six inches in diameter for
deciduous trees, 10 feet in height for conifer trees, and is not considered hazardous. Buckthorn or
other noxious, invasive, woody plants or trees as determined by the Natural Resources
Coordinator or are listed as prohibited or restricted under the Minnesota Department of
Agriculture's noxious weed law are not considered a significant tree species at any diameter.
Structure means anything manufactured, constructed, or erected which is normally attached to or
positioned on land, including portable structures.
Tree Pest means
any vertebrate or invertebrate animal, plant
pathogen, or
plant that is determined
by the City to be
harmful, injurious,
or destructive to trees or community
forests.
Tree Removal means cutting, pruning, girdling, or otherwise causing tree death by human
activities.
Utility means electric, telephone, cable television, water, sanitary or storm sewer, solid waste, gas
or similar service operations.
Vacant Lot means a lot or parcel located within the City that is not currently occupied by a
resident, business, or organization.
15-3-4: STANDARDS.
American National Standards Institute (ANSI) A300 shall be followed in the planting,
transplanting, and care of trees and other woody species. Where the ANSI A300 does not
establish a standard, or where circumstances warrant, the City shall have the authority to require
compliance with additional tree standards concerning the management of trees and other woody
species. When developing a Forest Management Plan in compliance with the ANSI A300
standards and/or any standards required by the City, the Forest Management Plan shall take the
following standards into consideration:
A. Saving forests and groups of trees is encouraged over protecting individual trees scattered
across the site; and
B. Placement of utilities is encouraged to be along corridors between tree preservation areas, and
use of common trenches or tunnel installation, if possible.
15-3-5: FORESTALTERATION PERMIT.
A. Forest alteration permit. A forest alteration permit application is required to be submitted to
the City and must be approved prior to removing any significant or heritage trees as part of any
of the following:
1. Removal of any Heritage Tree.
2. Removal of 33% of significant and/or heritage trees on any lot, vacant or otherwise occupied,
when the property contains seven (7) or more significant or heritage trees.
3. A project that requires a planning application when trees on the property may be affected.
4. A grading or building permit is required and trees on the property may be affected. Failure to
obtain a Forest Alteration Permit prior to removing significant or specimen trees when a forest
alteration permit is required will result in a tree replacement requirement that assumes all trees
removed were significant trees, and/or escrow fee forfeiture.
B. when tree replacement is required, any significant and heritage trees removed as part of a
forest alteration permit shall follow requirements for tree replacement as shown in 15-3-6 and
15-3-7 within this chapter.
C. Forest alteration permit appeal process. If the forest alteration permit is denied by the city, the
applicant may appeal the decision. The appeal shall be submitted in writing, along with the
argument(s) for appeal, and received by the city within 90 days of denial. The City Council shall
set a date of hearing of the appeal at a regular City Council meeting within 15 days of the date
the appeal is submitted. The City Council shall issue a final decision of the appeal on the date of
the hearing or at the regular City Council meeting following the hearing of the appeal.
15-3-6: FOREST MANAGEMENT PLAN REQUIRED.
The applicant shall submit a Forest Management Plan containing all requirements listed in this
Section, and other necessary information to determine compliance with this chapter, when
removing any significant or heritage trees as part of any of the following:
1. When removing 33% or more of significant and/or heritage trees on any lot, vacant or
otherwise occupied, when the property contains seven (7) or more significant or heritage
trees.
2. A project that requires a planning case when trees on the property maybe affected.
3. A grading or building permit is required and trees on the property maybe affected.
An application fee, as well as an escrow fee, shall be required as established annually by the City
Council. The Forest Management Plan should reflect the applicant's best effort to determine the
most feasible and practical layout of buildings, parking lots, driveways, streets, storage and
recreational facilities, and other physical features, so as to remove or damage the fewest
significant and/or heritage trees and minimize the negative environmental effects caused by loss
of tree canopy.
A. Forest Management Plan Requirements
1. The Forest Management Plan shall includet e following:
a. A forest and significant tree inventory overlaid on site plans that shows size, species,
and location of all significant trees located within the property where tree removal is
proposed.
b. A list of total diameter inches and species of all healthy significant and heritage trees
inventoried.
c. A list of the total diameter inches and species of all healthy significant and heritage
trees proposed for removal.
d. Location of trees preserved 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 cement trucks.
e. Protection measures for replacement trees being planted in areas with high deer
population.
f. The name(s)5 telephone number(s), and addresses) of the persons) responsible for tree
preservation during the course of the project.
g. Size, species, number, and location of all replacement trees and woody shrubs
proposed to be planted on the property in accordance with 15-3-6. E. Significant and
Heritage Tree Replacement Calculation and 15-3-7: Tree Loss Mitigation.
h. The outer boundaries shown of all forest areas ofone-quarter acre and larger.
i. Indications of the known presence of any tree pests and diseases.
j. Locations of standing, dead or diseased significant and heritage trees.
k. Locations of proposed building, structures, and impervious surfaces.
1. Grading, land disturbance, clearing, and trenching limits.
m. A three-year tree maintenance and preservation plan.
B. Tree replacement escrow. The applicant shall post a tree replacement escrow with the
City. For every heritage tree preserved on site, the escrow may be reduced by $250.00.
The escrow will be held by the City until successful completion of final planting
inspection, assurance that the trees have survived for at least one growing season, and are
covered by at least a one-year warranty for replacement. The escrow may be held for
longer to ensure viability of trees. Once the escrow is reimbursed to the applicant, it
remains the applicant's responsibility to maintain the replacement trees for three years
after planting during the three-year maintenance period, and replace any trees lost during
this period.
B. Exemptions. The following exemptions shall apply to the requirements for Forest
Management Plans and Tree Replacement Escrow requirements set forth in this chapter.
Applicants may still be subject to tree replacement requirements as stated in 15-3-6
Section E. Significant and Heritage Tree Replacement Calculation,
1. If less than ten (10) total
significant and/or heritage
trees on
the property are removed,
and the removal does not
require a building permit,
grading
permit, or does
not require a
planning application, the applicant is exempt from Forest Management Plan and Escrow
requirements but may still be subject to tree replacement requirements as stated in
Section E. Significant and Heritage Tree Replacement Calculation,
2. Interior structure improvements that do not expand the current footprint of the structure
and do not affect surrounding trees or forested areas.
3. Tree removal related to public improvement projects, including but not limited to, road
reconstruction and improvement, parks, infrastructure work or repair, stormwater
treatment projects, and utility work or repair.
4. Emergency work to protect public health.
5. Removal of hazardous, dead, dying, or diseased trees, unless those trees were planted as
part of a forestry management or other tree replacement plan, in which case they shall be
replaced based on the requirements of the approved plan.
6. Alteration of the forest canopy to improve tree health/diversity that is recommended as
part of a Forest Management Plan.
7. Tree removal as part of a City -approved native vegetative community restoration plan to
restore or enhance native woodlands, savannas, prairies, or wetland areas.
8. Removal of non-native trees that the City deems are invasive or noxious.
9. Commercial tree nursery and landscape operations.
10. In cases where a tree is deemed a hazard tree as determined by an ISA Certified Arborist.
C. Safeguarding Preserved Trees
All development and redevelopment projects in the City shall be designed with the
preservation of the urban forest, natural woodlands, and significant trees in mind. The
following criteria will be considered to ensure survival of trees scheduled to be preserved:
a. Size of lot or project to be developed.
b. Tree size.
c. Species, role, and health of trees.
d. Tree life span.
e. Sensitivity to disease.
£ Nuisance characteristics.
g. Sensitivity to grading and grade change.
h. Transplanting potential.
i. Effects on the functioning of a development.
Prior to issuance of a grading or building permit the City may require one or all of the
following measures be added to the Forest Management Plan in order to safeguard preserved
trees:
1) Tree protective areas shall be designated at a minimum of the CRZ of trees or drip line,
whichever is greater, whenever possible.
2) Layout of the project site utility and grading plans shall accommodate the forest and tree
preservation areas, whenever possible.
3) Custom grading, retaining walls, or tree wells should be utilized to maintain existing grade
for preserved trees.
4) Suitable tree protection fencing shall be installed in active areas. Such fencing includes
use of orange polyethylene laminar safety fencing, woven polyethylene fabric (silt fencing),
or similar high visibility fencing. Fencing shall be self -supportive. Tree protection fencing
shall be inspected by City Staff before work begins; and shall be maintained and repaired by
the applicant for the duration of construction.
5) Use of passive forms of tree protection may be allowed, such as continuous heavy-duty
rope or flagging (heavy plastic four inches or wider) or other easily recognized barriers to
vehicles and people.
6) Active tree protection areas with "Tree Save Area" signs shall be posted and readable from
at least ten feet away.
7) Additional protection, signage, and buffer distances shall be established around Heritage
Trees.
8) Felling or removing trees shall be done in a direction away from preserved trees to
minimize tree wounding.
9) Construction site activities such as parking, material storage, concrete washout, placement
of holes, compaction, construction access, stockpiling of earth, storage of equipment or
building materials, or grading of any kind, shall be arranged so as not to encroach on tree
preservation areas and CRZ areas of trees to be protected.
10) Measures such as deep mulching may be required if root pruning or root compaction
cannot be avoided.
11) 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 October 31, fresh wounds shall be covered with
nontoxic tree wound sealant or latex paint.
All developments and redevelopment projects in the City shall be designed to preserve
forests and significant trees, where such preservation would not adversely affect the public
health, safety, or welfare of Mendota Heights residents, businesses, and visitors. The City
may require clustering of buildings, access roads, parking lots, or stormwater facilities and
prohibit removal of all or a part of a forest or of heritage or significant trees.
If any significant tree designated as preserved in the approved Forest Management Plan is
cut, damaged, or encroached upon during the construction process without City authorization
and if it is determined by the City that the damaged tree will not survive, the said damaged
tree shall be removed by the applicant at their expense and replacement trees installed at a
rate of two times the tree replacement calculations as described below.
E. Significant and Heritage Tree Replacement Calculation
1. If less than seven (7) total significant and/or heritage trees on the property are removed,
the applicant shall replace one tree per significant or heritage tree removed. Replacement
trees shall be a minimum of one caliper inch in size.
2. If seven (7) or more total significant or heritage trees on the property are removed, the
applicant shall mitigate all significant and heritage tree inches measured at DSH at a rate of
75%. Example: 84 DSH inches removed x .75 = 63 DSH inches required to be replaced
3. For every heritage tree preserved on site, escrow may be reduced by $250.00,
15-3-7: TREE LOSS MITIGATION
The applicant shall mitigate loss of significant and heritage trees by planting replacement
trees in appropriate areas on the property in accordance with section 15-3-6 E. Significant
and Heritage Tree Replacement Calculation, and as indicated in the applicant's approved
Forest Management Plan, if required. Trees shall not be planted within 10 feet of property
lines without written permission of the affected adjacent property, nor shall trees be planted
at lot corners in a way that obstructs a driver's line of sight. If compliance with the tree
replacement requirement is not feasible, the City may approve alternative tree replacement
measures, including the planting of trees at an alternate site. The alternate site must be public
land, and at the choice of the city. The city may require post -construction tree care.
In order to preserve diversity and provide protection from tree disease and pests; where ten or
more replacement trees are required, not more than 20 percent shall be of the same family,
not more than 10 percent of the same genus, and not more than 5 percent of the same species,
unless approved by the City. Tree species of the genus Acer shall be limited to 10 percent of
total replacement trees planted, due to its over -abundance in the City's forest canopy. A
minimum of 50 percent of replacement trees must be species native to Minnesota or
recommended by the Department of Natural Resources or University of Minnesota
Extension. Applicants are encouraged to plant trees that are recommended by the Minnesota
Department of Natural Resources at the time of planting. All replacement trees shall be
healthy and free from insect or disease infestations. When replacement trees are required,
replacement trees shall be no less than a one -caliper inch deciduous or six-foot height conifer
tree unless approved by the City. No more than three consecutive trees of the same species
may be planted in a continuous row, including around corners and in groupings.
It is the applicant's rev ponsibiliTy to maintain the replacement and preserved trees for at least
three years. The applicant is responsible for replacing any tree that dies during this three-year
period. The City may require additional post -construction tree care mitigation for preserved
and replacement trees.
Woody plant species are considered invasive, and/or are regulated as prohibited or restricted
under the Minnesota Department of Agriculture's noxious weed law are prohibited from City
plantings and on development and redevelopment projects.
0
The City may require revision of, or may deny approval of, a Forest Alteration Permit or a
Forest Management Plan that includes any new or emerging invasive species that is not
included in this list. Trees that are overly susceptible to diseases that cause tree death, such as
Dutch Elm Disease or Emerald Ash Borer, should not be planted unless they are of a resistant
variety or cultivar.
In addition to the requirements set forth in this Section, replacement trees should be
appropriate for the planting location, including soil, moisture, and sunlight conditions.
Replacement trees shall consist of certified nursery stock as defined by current Minnesota
Statutes and shall be hardy for USDA plant hardiness zones 4 or 5. Trees shall be planted in
accordance with the American National Standard for Tree Care Operations,
15-3-8: DISEASED TREES
The health of trees in the City is threatened by tree pests, which can result in hazardous trees
that cause property damage or personal injury. The loss of trees, or presence of diseased and
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. The provisions of this section
are adopted to comply with applicable Minnesota Statutes and as an effort to control and
prevent the spread of tree pests and disease.
To the extent allowed by Minnesota Statutes, the City may deem any vertebrate or
invertebrate animal, plant pathogen, or plant in the community threatening to cause
significant damage or death to trees in the community to be a forest pest or a shade tree pest,
and prescribe control measures to effectively eradicate, control, or manage the disease, forest
pest or shade tree pest according to current guidance set by the Minnesota Department of
Agriculture.
The City may notify in writing the owner of record or occupant of the premise that a diseased
or hazard tree exists. The notice may specify required abatement measures to be taken to
abate the nuisance in accordance with City Code 4-1-5. When removing and managing
diseased trees, property owners shall follow any diseased tree management plans that are put
forth by the City, Dakota County, or the State of Minnesota and comply with all quarantine
requirements and restrictions.
If a diseased, nuisance, dead, dying, or Hazard Tree exists within publicly -owned property or
rights -of --way, including boulevard trees, the City may remove, at any time, diseased,
nuisance or hazard trees without the permission of, or notice to, adjacent property owners.
15-3-9: ENFORCEMENT
The City shall be responsible for the enforcement of this chapter and determine any
violations. All land use, building, and grading permits shall be suspended until the applicant
10
has corrected a violation. The City reserves the right to inspect the permitted site or property
at any reasonable time for compliance with the Forest Management Plan and forest alteration
permit. If the City finds the site in violation, the City may issue a stop work order until
conditions are corrected. Conditions that are not corrected within the required timeframe may
result in forfeiture of escrow, or may be subject to enforcement pursuant to the City's
Nuisance ordinance or other applicable law, rule, or regulation.
Adopted this 6a day of November NN by the City Council for the City of Mendota Heights.
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
L/�f_ . AM
ioila
ATTEST:
N ncy Ba r, City Clerk
ifll