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
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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