HomeMy WebLinkAboutOrdinance No. 2024-24 Tree Protection AmendmentORDINANCE NO. 2024-04
AN ORDINANCE AMENDMENT REGARDING
TREE PROTECTION
The City Council Of Edina Ordains:
Section I. Chapter 10, Article III of the Edina City Code is amended as follows:
DIVISION III. TREE PROTECTION
Sec. 10-82. Preservation, protection and replacement of Protected Trees.
This division applies to the following permits and land use applications on properties that
are zoned R- I and R-2: grading permits, demolition permits, subdivisions applications,
building permit applications for principal and accessory structures including a garage, deck
or a pool; and additions to principal and accessory structures. This division does not apply
to city parkland, which follows tree protection guidelines outlined in Edina's
Comprehensive Plan and City Park Master Plan.
(I) Purpose. Edina is fortunate to have a robust inventory of mature trees that
form an integral part of the unique character and history of the city, and that
contribute to the long-term aesthetic, environmental, and economic well-being
of the city. The goal of this section is to preserve Edina's high valued trees,
while allowing reasonable development to take place and not interfere with
how existing property owners use their property. The purpose of the
ordinance is to:
a. Preserve and grow Edina's tree canopy cover by protecting mature trees
throughout the city.
b. Protect and enhance property values by conserving and adding to the
distinctive and unique aesthetic character of Edina's tree population.
c. Protect and enhance the distinctive character of Edina's neighborhoods.
d. Improve the quality of life for all stakeholders, including city residents,
visitors and wildlife.
e. Protect the environment by the filtering of air and soil pollutants, increasing
oxygen levels and reducing CO2; preventing and reducing erosion and
stormwater by stabilizing soils; reducing heat convection; decreasing wind
speeds; reducing noise pollution and decreasing the urban heat island effect.
f. Protect and maintain healthy trees in the development and building permit
processes as set forth herein; and prevent tree loss by eliminating or
reducing compacted fill and excavation near tree roots.
(2) Definitions:
a. Protected tree: Any tree that is structurally sound and healthy, and that meets
one of the following:
i. A deciduous tree that is at least five inches dbh, except box elders,
poplar, willow, silver maple, black locust, fruit tree species, ash, and
mulberry.
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ii. A coniferous tree that is at least 15 feet in height.
b. Removable tree. Any tree not defined as a protected tree, and as defined as
an invasive species by the Minnesota Department of Natural Resources.
c. Critical root zone. The minimum area around a tree that is left undisturbed.
The critical root radius is calculated by measuring the tree's diameter at
breast height. For each inch of tree diameter, one and one-half feet of root
zone radius must be protected. For example, if a tree's dbh is ten inches,
then its critical root zone radius is 15 feet (10 x 1.5 = 15). If the critical root
zone of a tree on site or an adjacent property must be disturbed for
construction or construction activity, a plan for the disturbance shall be
submitted as part of the tree protection plan subject to review and approval
of the city forester to minimize the damage.
d. Diameter at breast height (dbh). The dbh shall be measured at a height of four
and six-tenths feet.
e. Transplanted tree. A protected tree which is removed from a lot and
replanted to another private lot or a public space in Edina.
f. Heritage tree. A protected deciduous tree above 30 inches dbh and a
protected coniferous tree taller than 30 feet.
g. Unbuilt Lot: An existing or newly created lot, with a unique address that has
not had a primary residential structure.
(3) Applications for all permit types identified in section 10-82 must include a tree
protection plan indicating where protected and heritage trees are located and,
their species, caliper, and health. The plan must show how protected and
heritage trees are preserved and protected during construction. The plan must
also show if any protected or heritage trees are proposed to be removed and
the location, species and size of all replacement tree(s). The tree protection
plan should be coordinated with the stormwater management plan; proposed
and protected trees should be shown on the stormwater management plan to
ensure no conflicts.
(4) If a protected tree is removed, it must be replaced with trees equal to at least
75 percent of the deciduous dbh and 75 percent of the coniferous height in feet,
as applicable, subject to the following conditions:
a. Protected trees must be replaced with species of a similar type (deciduous
or coniferous) according to Part (I I) that are normally found growing in
similar conditions and that are included in Hennepin County's
"Recommended Tree List."
b. Replacement trees must not be subject to known epidemic diseases or
infestations. Disease or infestation resistant species and cultivars are
allowed.
c. Replacement trees must be at least three and one-half inches in caliper for
deciduous trees and a minimum of eight feet tall for coniferous trees.
d. Replacement tree plans are subject to approval by the city forester before
implementation.
e. The tree protection plan shall be verified at the time of final inspection for
the building permit.
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f. Failure to replace protected trees on site results in a payment fee of
$300.00 per dbh below 75 percent of the dbh removed, or $300.00 per
coniferous foot below 75 percent of the foot removed.
(5) If a heritage tree is removed, it must be replaced with protected trees at least
100 percent of the dbh or coniferous feet, subject to the following conditions:
a. Heritage trees must be replaced with species of a similar type (deciduous or
coniferous) that are normally found growing in similar conditions and that are
included in Hennepin County's recommended tree list (xlsx).
b. Replacement trees must not be subject to known epidemic diseases or
infestations. Disease or infestation resistant species and cultivars are
allowed.
c. Replacement trees must be at least four and one-half inches in caliper for
deciduous trees and a minimum of ten feet tall for coniferous trees.
d. Replacement tree plans are subject to approval by the city forester before
implementation.
e. The tree protection plan shall be verified at the time of final inspection for
the building permit. If the protection plan is not in compliance, the
inspection may not be approved.
f. Failure to replace heritage trees results in a payment fee of $500.00 per
deciduous dbh below 100 percent of the dbh removed, and as applicable,
$500.00 per coniferous foot below 100 percent of the coniferous feet
removed.
(6) Protected and Heritage Trees may be removed without mitigation on unbuilt
lots as defined above, in the following areas:
a. Including, and within a ten-foot (10') radius of, the building pad, deck or
patio.
b. Including, and within a five-foot (5') radius of driveways.
c. Including, and within ten-foot (10') radius of installation of infrastructure
improvements including public roadways, stormwater retention areas and
utilities.
(7) The Tree Survey for any new home construction permit above $500,000 and
any project valuation over $100,000 in estimated value is required to be
completed by an ISA (International Society of Arboriculture) Certified Arborist.
An allowance shall be given to the applicant up to $2,500 for the costs of the
Arborist and that amount would be deducted from the applicant's escrow.
(6) (8) Before construction, grading or land clearing begins; city-approved tree
protection fencing, or other method must be installed and maintained at the
critical root zones of the trees to be protected. The location of the fencing
must be in conformance with the approved tree protection plan. The fencing
must be inspected by city staff before site work begins. The fencing must remain
in place until all demolition and construction is complete.
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(7) (9) No construction, compaction, construction access, stock piling of earth,
storage of equipment or building materials, or grading may occur within the
critical root zone areas of trees to be protected, unless there are no other on-
site alternatives. If there are no other alternatives, a plan for this activity would
need to be reviewed and approved by the city forester and included in the tree
protection plan. A reasonable effort must be made when trenching utility lines
to avoid the critical root zone.
(8) (10) When construction is complete all trees to remain must have the soil out to
their drip line aerated and de-compacted. Aerating must include multiple
concentric circles of one-inch holes, two inches deep, or as recommended by
an arborist.
(9) (I I) If protected trees and/or heritage trees were removed within one year
prior to the date the development, subdivision application, demolition, grading
and building permit applications were submitted, these protected trees and/or
heritage trees are also subject to the replacement policy set forth in paragraphs
(4) and (5) above.
(-1-0)( I 2) Any tree transplanted on-site shall not be counted as a protected tree or
heritage tree under this section and therefore does not require replacement
under this section, provided it is viable at 36 months 12 months after the
permit's final inspection per Part (12).
{11)(13) Amount of required replacement trees in (4) and (5) above shall be a
variety of types and sizes as demonstrated below. Species shall comply with
Hennepin County's "Recommended Tree List."
Deciduous (dbh) Coniferous (in feet) Lot size< I acre Lot size>/=1 acre
31/2" or greater 8' or greater 70% 50%
41/2" or greater 10' or greater 20% 25%
51/2" or greater 12' or greater 10% 25%
( I 4) Tree replacement may be fulfilled by planting trees at a different site from
their home. The different site can be private or public land, at the choice of
the City staff. City staff controls where and when the planting will happen
and the species of the trees that will be planted.
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First Reading: June 4, 2024
Second Reading: Waived
Published:
ATTEST:
Sharo Allison, City Clerk James B. Hovland, Mayor
(12)(15) Financial Guarantee.
a. The city shall, at its option, require cash escrow or a letter of credit
satisfactory to the city in the amount of 110 percent of the value of the
tree replacement identified in the tree protection plan, securing the full
performance of tree protection plan. The amount of such security shall be
calculated by the fees described in Parts (4)f and (5)f.
b. Release of financial guarantee. The financial security shall be released
based on the following schedule:
i. Upon issuance of a certificate of occupancy and approval by city
forester that the tree protection plan has been met: forester will
inspect the site and calculate actual fee owed based on how much dbh
preserved or replaced on site. The original escrow or line of credit,
minus this fee, is 50 percent released at this time.
ii. Thirty-six months after issuance of certificate of occupancy, an applicant
must submit a landscape review by a certified arborist, indicating
planted and preserved trees are still healthy. If any trees are found to
be unhealthy, the certified arborist can replace these trees onsite and
the balance of the financial guarantee (50 percent of financial guarantee
net of fees in Part a) are released at this time. If the applicant does not
opt to replace trees onsite, these fees are considered owed to the city
and retained permanently.
Section 2. This ordinance is effective immediately and will apply to existing permits.
Please publish in the Edina Sun Current on:
Send one affidavit of publication
Bill to Edina City Clerk
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