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ORD 98-06CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA ORDINANCE NO. 98-06 AN ORDINANCE AMENDING THE SUBDIVISION ORDINANCE OF THE CITY OF OTSEGO TO RESPOND TO DIRECTIVES OUTLINED IN THE COMPREHENSIVE PLAN UPDATE (TREE PRESERVATION RELATED) THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Amendment to Section 21-1-11 (Definition) MMM1. Tree Preservation Related. Section 2. Amendment to Section 21-6.2.E (Plat and Data Requirements - Preliminary Plat proposed design features) 2. A tree Preservation Plan. Section 3. Amendment to Section 21-7 (Subdivision Design Standards) 22. Tree Preservation Plan. Section 4. Effective Date. This Ordinance shall be in full force and effect upon its passage and publication. PASSED this 23rd day of November 1998. CITY OF OTSEGO BY: ATTEST: inistrator ourrier, Mayor Pursuant to Minnesota Statutes, this Ordinance is published in summary Complete copies of the Subdivision Ordinance amendment are available during hours at the Otsego City Hall, 8899 Nashua Avenue NE, Otsego, MN 553300 fashion. business Affidavit of Publication STATE OF MINNESOTA ) )ss. COUNTY OF SHERBURNE) Ct�y� �c \ S being duly sworn, on out says that he/she is the publisher or authorized agent and employee of the publisher of the newspa. per known as The Elk River Star News, and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all the requiremen'cs constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331AA7, and other applicable laws, as amended.r� (B) The printed � 41 V1\ UA t ' (:) which is attached was cut from the columns of said newspaper, and was printed and published once each week, for 1 suc- cessiveweeks; it was firstpublishedonWednesday, the e' day of T4 u c \Y \ , 199 ; , and was thereafter printed and published on every Wednesday to and including Wednesday, the day of and primed beiow is a copy of the lower 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. abcdefghijklmnopgrstuvwxyz BY: Subscribed and sworn to before me on this o�3�e� day of tu"r \b 19 Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter fires j ��NNFSOTq '�vd,� an. 37 2oro CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA ORDINANCE N0.98-06 AN ORDINANCE AMENDING THE SUBDIVISION ORDINANCE OF THE CITY OF OTSEGO TO RESPOND TO DIRECTIVES OUTLINED IN THE COMPREHENSIVE PLAN UPDATE (TREE PRESERVATION RELATED) THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Amendment to Section 21-1-11 (Definition) MMM1. Tree Preservation Related. Section 2. Amendment to Section 21-6.2.E (Plat and. Data Requirements - Preliminary Plat proposed design features) 2. A tree Preservation Plan. Section 3. Amendment to Section 21-7 (Subdivision Design Standards) 22. Tree Preservation Plan. Section 4. Effective Date. This Ordinance shall be in full force and effect upon its passage and publication. PASSED this 23rd day of November 1998. ATTEST: BY. Elaine Beatty, City C CITY OF OTSEGO BY: Larry g Administrator Mayor Pursuant to Minnesota Statutes, this Ordinance is published in summary fashion. Complete copies of the Subdivision Ordinance amendment are available during business hours at the Otsego City Hall, 8899 Nashua Avenue NE, Otsego, MN 55330. CITY OF OTSEGO WRIGHT COUNTY, MINNESOTA ORDINANCE #98- 6 AN ORDINANCE AMENDING THE OTSEGO SUBDIVISION ORDINANCE TO RESPOND TO DIRECTIVES OUTLINED IN THE COMPREHENSIVE PLAN UPDATE. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 21-1-11 of the Subdivision Ordinance (Definitions) is hereby amended to include the following: NIIKMl. Tree Preservation related: 1. Diameter: The measurement of a tree's trunk measured four and one- half (4/5) feet above the ground. 2. Drip Line: The farthest distance away from the trunk of a tree that rain or dew will fall directly to the ground from the leaves or branches of the tree. 3. Significant Tree: A healthy tree measuring six (6) inches in diameter or greater. 4. Tree Preservation Plan. A plan certified by a forester or Landscape architect indicating all of the significant trees in the proposed development or on the lot. The tree preservation plan shall include the size, species and location of all significant trees proposed to be saved and removed on the area of development, and the measures proposed to protect the significant trees to be saved. 1 Section (Plat and Da Features) is 5. Tree Protection. 2. Section 2 to Requirements hereby amended Snow fencing laminar safety at the drip significant or polyethylene netting placed line of the trees to be e prserved. The measures shall unit all construction terminated. 1-6-2.E of the Preliminary to include the tree protection remain in place grading and activity is Subdivision Ordinance Plat Proposed Design following: 2. A tree preservation plan as outlined in this Chapter. Section 3. Section 21-7 of the Subdivision Ordinance (Subdivision Design Standards) is hereby amended to include the following: 21-7-22: A. TREE PRESERVATION: significant Subdividers, healthy trees less than si Subdividers: The following process x trees shall b however, are of significant (6) inches in 1. Subdividers shall: for preserving e required of encouraged to value even if diameter. subdividers. preserve all the trees are a. Prepare a tree preservation plan which shall be incorporated on the grading plan. b. Ensure the tree preservation plan is followed during the plan development (mass grading). c. Submit a five hundred dollar ($500.00) security for the preparation of individual lot tree preservation plans for each mass graded lot with at least one (1) significant tree to be saved and for each custom graded lot with at least one (1) significant tree. The security will be included in the development contract. 2 2. The tree forester landscape following preservation plan must be or landscape architect. architect shall indicate items: a. Mass graded areas. certified by a The forester or on the plan the b. Custom graded lots approved as part of the overall grading and drainage plans. c. size, species, and location of all significant trees within the construction areas impacted by grading. d. Identification of all significant trees proposed to be saved and significant trees proposed to be removed. e. Measures proposed to protect significant trees shall include, but are not limited to. (1) Installation of snow fencing or polyethylene laminar safety netting at the drip line. (2) Placing fill against the trunk of the tree, on the root crown, and under the drip line of the tree shall be prohibited. 3) Installation of erosion control measures. (4) Prevention of change in soil chemistry due to concrete wash out and leakage or spillage of toxic materials such as fuels or paints. (5) 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. 3 3. During preliminary plat review, the_ tree preservation plan will be reviewed according to the best available layout to preserve significant trees and the efforts of the subdivider to mitigate damage to significant trees. If two (2) or more trees are preserved on each lot (preferably the front yard of the lot), the landscape plan requirements of two (2) two (2) inch caliper trees is waived. 4. The subdivider shall provide a financial guarantee as part of the development contract to ensure protection of all significant trees which were to have been saved but were actually destroyed or damaged. The subdivider shall provide a financial security for each mass graded lot with at least one (1) significant tree to be saved and a financial security for each custom graded lot with at least one (1) significant tree as part of the development contract to ensure tree protection. The financial security, generally one thousand dollars ($1,000.00) per lot, will be determined by the Zoning Administrator based on the number and size of trees to be saved. The security will be included in the erosion control section of the development contract. 5. After the mass grading has been completed and streets and utilities installed, the forester or landscape architect shall. a. Certify in writing to the City the tree preservation plan was followed. b. Certify in writing to the City the tree protection measures were installed. c. Indicate which significant trees proposed to be saved have been destroyed or damaged. 6. If a significant tree indicated to be saved on the tree preservation plan is destroyed or damaged, the tree replacement policy will be enforced by the City (see Section 21-7-22.D of this Chapter). 7. The financial security will be released upon: a. Certification in writing by the forester or landscape architect indicating the tree protection measures were installed on mass graded lots and tree replacement is completed, and/or b. The builders have posted security for the custom graded lots. The location of the trees being replaced will be determined on the individual lot tree preservation plan. 8. Tree preservation measures shall require written approval from the City Engineer prior to removal and shall not be removed from the site until the City Engineer has approved the grading as -built plans for a mass graded site nor prior to the release of financial securities held by the City. B. Home Builders: - 1. The City will require an individual lot tree preservation plan prepared and incorporated on the required site survey for each custom graded lot with at least one (1) significant tree. The plan shall be consistent with the original tree preservation plan for the plat. The homeowner, builder and the forest or landscape architect shall meet prior to the development of the individual lot tree preservation plan to determine the placement of the home where the fewest significant trees would be destroyed or damaged. The builder will be responsible for ensuring the tree preservation plan is followed during building construction. On mass graded lots with at least one significant tree to be saved, builders are required to follow the tree preservation plan for the plat. 2. The individual lot tree preservation plan must be certified by a forester or landscape architect and signed by the homeowner. The forester or landscape architect will indicate on the plan the following. a. Size, species, and location of all significant trees within the construction area. b. Identification of all significant trees proposed to be saved and significant trees proposed to be removed. 5 c. Measures proposed to protect significant trees shall include but are not limited to. (1) Installation polyethylene placed at the (2) Placing fill tree, on the drip line prohibited. of snow fencing or laminar safety netting drip line. against the trunk of the root crown, and under the of the tree shall be (3) Installation of erosion control methods. (4) Prevention of change in soil chemistry due to concrete wash out and leakage or spillage of toxic materials such as fuels or paints. (5) 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 would dressing with them on the development site. 3. Home builders will be required to furnish the following items for tree preservation at the time the building permit application is submitted for all lots with at least one (1) significant tree: a. Security of one thousand dollars ($1,000.00) per lot per tree protection requirements. b. Certification from a forester or landscape architect indicating tree protection measures are installed. c. Builders are liable for subcontractors which destroy or damage significant trees which were I ndicated to be saved on the individual lot tree preservation plan. 4. Building inspectors will monitor the tree protection measures at the time of routine inspections. 0 5. Prior to the issuance of a certificate of occupancy and release of tree preservation security, the forester or landscape architect shall certify to the City in writing that all the tree protection measures identified on the tree preservation plan were installed from the start of construction to the end of construction and tree replacement is completed, C. Tree Replacement be required to indicated on the ultimately were builder shall significant tre replacement tree is necessary. Policy: Subdividers and builders shall replace the significant trees which were tree preservation plan to be saved but destroyed or damaged. The subdivider and be required to replace each of the :es destroyed or damaged with two (2) s. Replacement trees must consist of nursery stock and be no less than the following sizes: 1. Deciduous Trees: diameter. 2. Coniferous Trees No less than two (2) inches in No less than six (6) feet high. Replacement trees shall be species similar to the trees which were destroyed or damage and can include those species shown on the following table: Deciduous Trees: Maples Oak Linden (Basswood) Ash Coniferous Trees: Green ash Honelocust Hackberry y Common Name Fir Colorado blue and Birch Gin kg o (male only) Kentucky coffee tree Scientific Name varieties)/ pseudotsuga Picea pungens green spruce Black Hills spruce Pi,ea abies Austrian pine Pinus nigra White pine Pinus strobus 7 Replacement trees shall not be placed on easements or street rights -of -way. If tree replacement is required on the individual lot because the builder destroyed or damaged a tree which was to be saved, the forester or landscape architect shall determine where the replacement trees shall be installed. Section 4. This Ordinance shall be in full force and effect upon its passage and publication. PASSED this i day ATTEST: BY: of �Zi✓�'f' �?A 1998. r { Elaine Beatty, City Clerk/Zoning Adminis ator CITY OF OTSEGO