Subd. 1. Affected Areas. The following process for protecting significant trees shall be required for all new subdivisions.
Subd. 2. Tree Protection. Subdividers are required to protect at minimum 40% of the existing significant trees on the property. If the tree removal exceeds the allowed 60%, the list for removal shall be sorted by caliper inch, with the smallest of the trees counting towards the allowed removal. Required replacement shall be calculated using the largest of the trees proposed for removal. All specimen trees are encouraged to be preserved. If two or more trees are preserved on any lot in the front yard, the landscape plan requirements of two and one-half inch caliper trees is waived for that specific lot.
Subd. 3. Inventory Required. All applicants are required to submit a tree inventory and plan for review and approval as part of the development process. All tree inventories shall be prepared by a licensed land surveyor and a forester or a landscape architect and include the following:
1. The location of all existing significant trees on the property. Each tree shall be identified by a unique identification number;
2. The percentage of significant trees proposed to be protected as part of the development. Significant trees intended for removal shall be clearly distinguishable from those intended for preservation. Proposed lot lines, building pads, driveways, streets, easements, and any areas in which tree disruption is anticipated shall be shown;
3. All required plantings, including:
a. All trees for landscaping, screening, or other requirements. Identify areas where existing trees are being proposed to meet requirements; and
b. The location and size of replacement trees (if the development intends to remove greater than 60% of the existing trees).
4. The final tree design of all lots showing the significant trees intended for preservation and any required plantings;
5. A matrix listing the unique identification number for the significant tree, the species or common name, the proposed lot and block on which the tree resides, the size in caliper inches, and an indicator as to whether the tree is intended for removal or preservation. The matrix shall be sorted by lot and block number and conclude with a tabulation of the following:
a. Total number of significant trees on-site;
b. Total number of significant trees proposed for removal;
c. Total number of significant trees proposed for preservation;
d. Calculation of the percentage proposed for removal; and
e. If the percentage for removal exceeds 60%, the number of trees which exceed the allowed removal.
6. If the percentage of removal is greater than 60%, a second matrix shall be provided which sorts the significant trees by caliper inch and identifies all trees for which replacement is required. This matrix shall conclude with a tabulation of the following:
a. Total number of caliper inches for which replacement is required; and
b. Calculation of the required caliper inches to be replaced and shown as required plantings within the tree preservation plan.
7. Required replacements shall be calculated using the largest of trees proposed for removal.
Subd. 4. Inventory Updates. Inventories may need to be updated throughout the construction of developments due to changes in the grading plans and other construction related events. Additionally, a finalized inventory shall be submitted by the developer upon completion of a development to verify all requirements have been met. Inventory updates shall be subject to the following guidelines.
1. Updated inventories shall require that all significant trees on the site are examined by a forestry specialist, and that all impacted trees are identified. Impacted trees shall be identified as removed on the updated inventory.
2. Updated inventories shall be subject to the same guidelines and submitted in the same format as the original inventory called for by this section.
3. For lots that have obtained a certificate of occupancy, the updated inventory shall reflect the trees on the lots as identified on a final tree survey or other approved method.
4. If an updated inventory indicates actual removal exceeded the planned removal as approved with the development, the developer shall be required to provide additional replacement trees as outlined by this section.
5. If the revised inventory indicates fewer trees have been removed than planned, the developer shall receive a credit for the additional caliper inches preserved. Said credit may only be used towards planned future removal of trees. Under no circumstances shall this credit be used to eliminate required plantings as part of the development, nor can said credits be used to avoid existing obligations to ongoing or completed construction.
Subd. 5. Protection During Development. The developer is responsible for all trees on a site until a certificate of occupancy is granted, and for trees on the remainder of the property until all improvements are accepted. A tree protection plan must be provided, as described below:
1. Installation of snow fencing or polyethylene laminar safety netting at the drip line or critical root zones of groups of trees to be saved;
2. Installation of signage at all tree protection areas that instruct works to stay out;
3. Installation of erosion control measures;
4. Tree protection measures shall be kept in place and in good condition until all grading and construction activity has stopped; and
5. Prevention of soil chemistry change due to concrete wash out and leakage or spillage of toxic materials such as fuels or paints.
Subd. 6. Protection Timeline. Trees identified on the tree preservation plan shall be protected by the developer throughout the development process. Upon accepting the preservation/reforestation work completed by the developer, the city’s enforcement of the tree preservation plan shall cease.
Subd. 7. Replacement Rate Guidelines. Planned and unplanned tree removal shall be subject to the following guidelines:
1. Trees planned for removal beyond the allowed 60% shall be subject to a required replacement as defined by this section. For every tree planned to be lost beyond the allowed 60%, a replacement tree shall be required at a rate of one inch for every one inch of tree loss.
2. In the event a tree tagged for preservation is identified for removal in conjunction with a permitted activity, the required replacement shall be one caliper inch for every one caliper inch of tree loss.
3. In the event a tree identified for preservation is removed without authorization, the required replacement shall be two caliper inches for every one caliper inch of tree loss.
Subd. 8. Replacement Type Guidelines. Replacement trees shall be subject to the following guidelines.
1. Deciduous trees: no less than two and one-half caliper inches;
2. Coniferous trees: no less than six feet high;
3. Replacement trees shall be species similar to the trees which were destroyed or damages or shall be the species identified in zoning ordinance subsection 1006.06;
4. Unacceptable trees: the following trees are unacceptable because of structural instability, susceptibility to disease, or because they are invasive species:
a. Silver maple;
b. Siberian elm;
c. Cottonwood;
d. Russian olive;
e. Mulberrry;
f. Ginkgo;
g. Boxelder;
h. Black locust; and
i. Ash.
5. Replacement trees shall not be placed on easements or street rights-of-way. Prior to planting replacement trees, the applicant shall submit for city review and approval the locations of the replacement trees.
Subd. 9. Prohibited Actions.
1. No soil disturbance shall occur within the subdivision until the tree protection, preservation, replacement, and/or reforestation plan(s) are approved, financial securities have been submitted, and development agreement approved, and tree protection measures are in place on-site.
2. Construction staging areas and areas for the storage of equipment and stockpiling of materials shall not be within tree protection areas.
3. Fill shall not be placed against tree trunks, under the drip line, or in critical root zones of trees to be saved.
4. Pruning of oak trees shall not take place from April 1 through July 15. If wounding of oak trees occurs, a non-toxic tree wound dressing must be applied immediately. Excavators shall have a non-toxic tree wound dressing with them on the development site.
Subd. 10. Security for Tree Preservation, Replacement, and Reforestation. To ensure tree preservation efforts are successful, the following shall be required.
1. Developers subject to this section shall be required to provide the city with a letter of credit, cash, or escrow, in favor of the city, in an amount of 125% of the tree replacement/planting estimate.
2. All replacement, reforestation, and other required plantings shall be planted during an ideal planting season for a particular species, unless otherwise authorized by the city. The developer shall submit a useable inventory of trees planted during an applicable planting season.
3. All trees planted during a specified planting season shall be warranted through two complete growing seasons. The city shall inspect the trees listed in the developer’s inventory from the previous year to ensure the health of the tree.
4. As trees are declared healthy by the city upon inspection, the developer may request reductions to the security amount provided adequate funds remain equal to 125% of the cost to complete remaining work.