The following standards and criteria are provided to preserve vegetative and topographical screening, and to retard surface runoff, soil erosion, and nutrient loss.
(Prior Code, Ch. 302 § 503)
(A) Vegetation management definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
BLUFF LINE. A line along the top of a slope connecting the points at which the slope becomes less than 13%. This applies to those slopes within the land use district, which are beyond the setback provision from the normal high water mark.
DIAMETER AT BREAST HEIGHT. The standard method of expressing the diameter of the trunk of a standing tree, trunks are measured at 4.5 feet above the ground - the typical breast height of
an adult, see additional handouts related to vegetative clearing for additional information on how to measure diameter at breast height.
HABITAT RESTORATION. An activity conducted to return a designated area, to the maximum extent possible, to the ecological condition that existed prior to settlement, late successional or climax type plant communities including, mesic or dry oak forest, oak woodland, oak woodland/brushland, maple-basswood forest, floodplain forest or black ash swamp plant community type should be selected based on site conditions/characteristics, applicants shall use guidance from the Minnesota DNR’s Native Plant Communities of Minnesota Field Guide to the Eastern Broadleaf Forest Province, the Minnesota Land Cover Classification System Manual or Minnesota’s St. Croix River Valley and Anoka Sandplain - A Guide to Native Habitats for guidance in restoring the appropriate plant community.
HAZARD TREE. A tree possessing the qualities in structure and/or growth that exceed an unacceptable level of risk to public safety, may be hazardous to people or property.
NATIVE VEGETATION. Those species of vegetation that occurred naturally in presettlement Minnesota.
NOXIOUS WEEDS. A plant species listed by the Minnesota Department of Agriculture as a State Prohibited Noxious Weed, a Restricted Noxious Weed, or a Secondary Noxious Weed, an updated list can be found at: http://www.mda.state.mn.us/en/plants/badplants/noxiouslist.aspx.
ORNAMENTAL TREES AND SHRUBS. A tree or shrub planted and grown only for its ornamental qualities, rather than for its commercial or natural values, ORNAMENTAL TREES AND SHRUBS are typically grown in a garden setting and display features including but not limited to attractive flowers or fruits.
QUALIFIED FORESTRY PROFESSIONAL. An individual who has a Bachelor’s or higher degree in forest management or a related natural resource field and at least 3 years of substantial on-the-ground experience.
(B) Vegetation management standards have been developed to achieve the following intents and purposes:
(1) To keep in-tact the roles and functions of natural river shoreland which provide diverse habitat and natural corridors for animal and plant movement, water quality protection, stable shorelands, reduced flooding impacts, and the like.
(2) To protect the ecologically significant floral and faunal communities found within the St. Croix Riverway.
(3) To prevent land disturbance and clearing in areas prone to erosion and/or in areas that are highly complicated to restore.
(4) To promote the restoration of the appropriate diverse, native plant community, mainly oak woodland and oak woodland brushland as well as other forest plant community types.
(5) To provide screening of existing and new on-land structures as seen from the river.
(6) To maintain a balance between development and quality views of the river while protecting the city’s valuable natural resources.
(7) To preserve the essential character, quality and density of existing growth and maintenance of continuous canopy cover.
(C) Vegetative management standards apply to all land within any of the following areas in the St. Croix Riverway District in the City of Lakeland, meeting at least 1 of the criteria outlined below.
(1) Land within 40 feet landward of the river bluff line.
(2) Slope preservation zones.
(3) Land within 100 feet of the St. Croix River ordinary high water mark in urban areas.
(4) Land within 200 feet of the St. Croix River ordinary high water mark in rural areas.
(D) Vegetation management permit requirements.
(1) The following activities are allowed without a vegetative removal permit, provided the essential character, quality and density of existing growth is preserved and the canopy is maintained as seen from the river during the growing season:
(a) Mowing of existing lawn.
(b) Clearing for validly permitted structures within the construction limits outlined in the permit documents.
(c) Maintenance pruning to maintain the health of ornamental trees and shrubs.
(2) The following activities may be allowed with a vegetative removal permit issued by the City Zoning Administrator:
(a) The removal of trees less than 6 inches in diameter measured at 4.5 feet above the ground provided such removal involves vegetation which does not reasonably affect the screening of structures on a property from a view of the property as taken from the river during the growing season.
(b) The removal of dead trees and branches.
(c) The removal of diseased or hazard trees.
(d) The removal of vegetation for transportation or utility rights-of-way.
(3) The following activities may be allowed with a vegetative removal permit and restoration and management plan approved by the City Zoning Administrator:
(a) The removal or killing of noxious trees and shrubs exceeding 6 inches in diameter measured at 4.5 feet above the ground.
(b) The removal or killing of noxious tree or shrubs species, which provide screening, for the purpose of habitat restoration.
(4) Any removal or killing of vegetation not listed in divisions (D)(1) through (3) must meet the following conditions:
(a) A report from the City Arborist detailing the proposed work and why work is required must be submitted to the City Zoning Administrator along with a vegetative removal permit application. The applicant must assume all fees associated with the City Arborist.
(b) The City Council must approve the City Arborist’s report prior to starting work.
(c) Project may require the submittal of a restoration and management plan.
(E) Vegetation management standards.
(1) The following vegetation management standards apply whenever a vegetative removal permit is required:
(a) Vegetation may not be disturbed or removed if screening an existing or proposed structure to make it visually inconspicuous; however, noxious weeds that provide screening may be removed if outlined in an approved restoration and management plan.
(b) Trees and/or shrubs may not be removed to expand areas maintained as lawn.
(c) Should herbicide treatment be necessary, it shall be applied directly to cut stumps to prevent regrowth of noxious weed species, or as directed in an approved restoration and management plan.
(d) Native plant species shall be used for replacement plantings or for restoration activities, proposed replacement species shall be documented in an approved restoration and management plan.
(F) Permit and plan submittal requirements.
(1) Permit and plan submittal requirements for activities outlined in division (D)(2):
(a) The submitted application for a vegetative removal permit must include:
1. A written description of proposed cutting, trimming, killing or removal activities.
2. A site plan or sketch indicating the location, size, and species of all vegetation to be removed, and all proposed replacement vegetation.
3. “Before” photos of the site taken from the same location on the property approximately 10 to 40 feet from the bluff line toward the river.
(2) Permit and plan submittal requirements for activities defined in division (D)(3):
(a) A written description of proposed removal activities signed by a qualified forestry professional.
(b) A restoration and management plan prepared and signed by an approved forestry professional.
(c) “Before” and “after” photos of the site taken from the same location on the property approximately 10 to 40 feet from the bluff line toward the river.
(3) The submitted restoration and management plan must:
(a) Be prepared and signed by a qualified forestry professional.
(b) Include locations of noxious trees and shrubs over 6 inches in diameter measured at 4.5 feet above the ground.
(c) Include a drawing of areas of proposed noxious shrub or herbaceous species removal.
(d) Include a site plan showing the location, size, and species of all other vegetation to be removed.
(e) Include photos of the site to be cleared taken from several locations within the project area.
(f) Include a planting schedule for the replacement of cut or removed vegetation.
(g) Include a planting schedule that indicates planting density and proposed plant species to be added to the site. The following replacement standard must be followed:
Diameter at Breast Height (DBH) of Existing Tree Removed | Number of Replacement Trees (2 inches DH minimum) |
Less than 6 inches | 1 |
Between 6 and 12 inches | 3 |
Between 12 and 18 inches | 4 |
Between 18 and 24 inches | 5 |
Greater than 18 to 24 inches | 7 |
Note: Smaller replacement trees may be used in areas sensitive to disturbance and prone to erosion as deemed necessary and approved by the City Zoning Administrator. | |
(h) Include a maintenance plan extending at least 3 years.
(G) Penalties related to vegetation management.
(1) Non-compliance may result in fines, required restoration or other city action.
(2) A replacement plan must be prepared in accordance with the requirements for a restoration and management plan, and must be approved by the City Zoning Administrator.
(H) Grading and filling. Grading, filling, excavating, or otherwise changing the topography landward of the ordinary high water mark shall not be conducted without a grading permit from the City Zoning Administrator. A grading permit may be issued only if:
(1) Slopes greater than 12% (12 feet vertical rise in 100 horizontal feet) are preserved to the greatest extent possible;
(2) Earthmoving, erosion, vegetative cutting, draining or filling of wetlands and the destruction of natural amenities is minimized;
(3) The smallest amount of ground is exposed for as short a time as feasible;
(4) During construction, temporary ground cover, such as mulch, is used and permanent ground cover, such as sod, is planted upon completion;
(5) Methods to prevent erosion and trap sediment are employed; and
(6) Fill is stabilized to accepted engineering standards.
(Prior Code, Ch. 302 § 503.03)
(I) Grading and filling permit. A separate grading and filling permit is not required for grading, filling, or excavating the minimum area necessary for a structure, sewage disposal system, and private road and parking area undertaken pursuant to a validly issued building permit.
(Prior Code, Ch. 302 § 503.04) (Am. Ord. 7526, passed 6-21-2011)