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HomeMy WebLinkAboutOrdinance 2026-04 Amendment Regarding Tree Protection Ordinance 2026-04: Amendment Regarding Tree Protection The City Council of Edina Ordains: Section 1. Chapter 10 [Buildings and Building Regulations], Article III [Building Code], Division 3 [Tree Protection] of the Edina City Code is hereby repealed in its entirety. Section 2. Chapter 30 [Vegetation], Articles I [In General] and II [Permit] of the Edina City Code are hereby repealed in their entirety. Section 3.Chapter 30 [Vegetation], Article IV [Shade Tree Diseases], Division 2 [Abatement of Nuisances regarding Trees] is amended by adding the following: Secs. 30-203 to 30-204 Reserved. Section 4. Chapter 30 [Vegetation] of the Edina City Code is hereby amended by adding a new Article V Tree Protection, as follows: ARTICLE V. TREE PROTECTION DIVISION 1. TREE PROTECTION Sec. 30-205. 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 purposes of the ordinance are to: (1) Preserve and grow Edina's tree canopy cover by protecting mature trees throughout the city. (2) Protect and enhance property values by conserving and adding to the distinctive and unique aesthetic character of Edina's tree population. (3) Protect and enhance the distinctive environmental features of Edina's neighborhoods. (4) Improve the quality of life for all, including city residents, visitors and wildlife. (5) 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; decreasing wind speeds; reducing noise pollution and decreasing the urban heat island effect. (6) 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. Sec. 30-206. Applicability. Except as otherwise provided in this section, this Article V applies to all public or private property in the city. This division does not apply to city parkland, which follows tree protection guidelines outlined in Edina's Comprehensive Plan and City Park System. Sec. 30-207. Definitions. When used in this Article V, the following words, terms and phrases shall have the meanings set forth below: Applicant The person or entity who submits the related application. Built Lot Any lot that is not an unbuilt lot. Certified professional An architect, engineer, landscape architect, or geoscience professional who holds a current and valid license or certification as listed on the Architecture, Engineering, Land Surveying, Landscape Architecture, Geoscience and Interior Design (AELSLAGID) registry. Critical root zone The minimum area around a tree that must be left undisturbed, represented as a circle in which the tree is the center. The radius of the critical root zone is calculated by measuring the tree's diameter at breast height, whether the tree is deciduous or coniferous, and multiplying by one and one-half feet. For example, if a tree's dbh is ten inches, the radius of the critical root zone is 15 feet (10 × 1.5 = 15 feet). Diameter at breast height (dbh) The diameter of a tree, measured at a height that is four and one-half feet above the base of the tree. Final inspection The final inspection required prior to closure of any of the related applications identified in section 30-208, subdivision (1)(a), (b), or (c) or, of a related application that issued subsequent to a subdivision approval as referenced in section 30-208, subdivision (5)(c). Heritage tree Any protected tree that meets one of the following: (1) A deciduous tree that is 30 inches dbh or greater; or (2) A coniferous tree that is 30 feet in height or greater ISA certified arborist An arborist who holds a current and valid license with the International Society of Arboriculture (ISA). Protected tree Any tree, other than an excepted tree, that is structurally sound and healthy, and that meets one of the following: (1) A deciduous tree that is at least five inches dbh; or (2) A coniferous tree that is at least 15 feet in height. Removal/removed The physical removal of a tree. Removable Tree Any of the following tree species: box elders, poplar, willow, silver maple, black locust, ash, mulberry or a tree species listed on the Minnesota Department of Agriculture’s noxious weed list. Related application The application for permit or other approval that requires the submission and approval of a tree protection plan under section 30-208. Subject property The property that is the subject of a related application. Transplanted Tree A protected or heritage tree which is removed and replanted on the same lot, another private lot or a public space in Edina. Tree protection plan The plan required by section 30-208. Unbuilt Lot An existing or newly created lot, with a unique address that has never been improved with a principal structure. Sec. 30-208. Tree protection plan required. (1) Tree protection plan required. An application for any of the following permits or approvals requires the submission and approval of a tree protection plan in compliance with this Article V: a. Grading permit; or b. Demolition permit; or c. Building permit for the construction of a new principal or accessory structure, including a garage, deck, or pool, or for an addition to an existing principal or accessory structure; or d. A request for subdivision approval that involves the creation of one or more new lots. (2) Contents of tree protection plan. A tree protection plan consists of a tree inventory and site plan that meets the requirements of this subdivision 2. a. The tree inventory is a list or spreadsheet that must include the following information: i. The species and locations of all existing trees on the subject property, regardless of health. ii. The species and former locations of all trees that were removed from the subject property within one year prior to the date of the application to which the tree protection plan relates, and explanation of the reason for removal. iii. The size of each tree, measured in accordance with this section, and its caliper and health condition. iv. Identification of whether the tree will be preserved, transplanted or removed. v. For trees that will be preserved, a description of how the trees will be preserved and protected during construction. If the critical root zone of a tree on the subject property or an adjacent property must be disturbed for construction or construction activity, a plan for minimizing damage caused by the disturbance shall be submitted as part of the tree protection plan. vi. For protected trees and heritage trees that will be removed, the location, species and size(s) of proposed replacement tree(s) as required by section 30-210. b. The site plan must be coordinated to the tree inventory and must illustrate the following: i. The location and critical root zone for each tree in the inventory and indication of whether the tree is to be protected, transplanted, removed or was previously removed. ii. The proposed construction limits of the work to be performed under the permit for which an application has been made. iii. The proposed tree protection methods that will be used, which must comply with subdivision (3) of this section. c. The tree inventory and site plan may be prepared by the applicant or applicant’s representative; except that, for the following related applications, the tree inventory must be prepared by an ISA certified arborist: i. A related application identified in subdivision (1)(a), (b) or (c) of this section with an estimated valuation of $100,000 or greater; except that for a building permit for the construction of a new primary structure, the valuation must be $500,000 or greater; or ii. An application for subdivision approval as identified at subdivision (1)(d) of this section. d. Tree sizes listed in the tree inventory must be measured as follows: i. Existing deciduous trees are to be measured using diameter at breast height (dbh). ii. Existing coniferous trees are to be measured using height in feet from the base of the tree to the mid-point of the tallest whorl. e. Replacement deciduous trees must be measured based upon caliper, using the American Standard for Nursey Stock (ANSI Z60.1): i. Single stem trees less than 4” caliper must be measured at 6 inches above ground level; and ii. Greater than 4” caliper trees must be measured at 12 inches above ground level; and iii. Multi-stem trees must be measured by half of the 3 largest stems. f. Replacement coniferous trees must be measured by feet in height from the base of the tree to the mid-point of the tallest whorl. (3) Tree protection methods. The tree protection plan must describe the method(s) to be used to prevent disturbance within the critical root zone and base of the tree as required by section 30-209 (3). Acceptable methods of tree protection include: a. Fencing: snow fence, erosion control, chain link; or b. Construction tape or rope, durable and maintained; or c. Other material or methods as approved by forestry staff. (4) Coordination with stormwater management plan. If a stormwater management plan is submitted in connection with the related application, the tree protection plan must be coordinated with the stormwater management plan; preserved trees that will be preserved, transplanted or planted should be shown on the stormwater management plan to ensure no conflicts. (5) Review and approval of tree protection plan. a. Forestry staff will review proposed tree protection plans for compliance with Article V. Forestry staff may require changes to a tree protection plan as necessary to comply with this division, including, but not limited to, the trees to be preserved or removed, the methods used to protect critical root zones of trees, and the location, size and species for proposed replacement trees. b. A permit for a related application as identified in subdivision (1)(a), (b), or (c) of this section may not be issued until: i. The forestry staff has reviewed and approved the proposed tree protection plan; and ii. The financial security required by section 30-212 has been deposited with the city. c. For related applications that are subdivision approvals, review and approval of the tree protection plan is required at the time of subdivision approval. Approval of the related application will be conditioned upon the requirement that any development of the subdivision comply with the approved tree protection plan. The financial security required by section 30-212 will not be required to be deposited until a subsequent related application as identified at subdivision 1(a), (b), or (c) is made for any portion of the approved subdivision. A new tree protection plan is not required for the subsequent related application, and the subsequent application may be approved based upon the tree protection plan approved in conjunction with the subdivision approval; but the financial security must be calculated as of the date of the subsequent related application and must be deposited prior to approval of the subsequent related application. Sec. 30-209 Construction activity and tree removal restrictions. (1) Removal of protected and heritage trees from properties that are the subject of a related application is prohibited, except as provided by a tree protection plan approved in accordance with sections 30-208 and 30-210. (2) Any protected tree or heritage tree transplanted on-site shall not be counted under this section as having been removed and therefore does not require replacement under section 30-210, provided that the tree remains viable after 12 months, as required by section 30-210(5). (3) Before construction, grading or land clearing begins, tree protection fencing or other method must be installed and maintained at the critical root zones of the trees to be protected. The location and method of tree protection must be in conformance with the approved tree protection plan. The fencing must be inspected by forestry staff before site work begins. The fencing must remain in place until all demolition and construction is complete. (4) No construction, compaction, construction access, stockpiling 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 forestry staff and included in the tree protection plan. A reasonable effort must be made when trenching utility lines to avoid the critical root zone. (5) When construction is complete, the soil for all existing, new or transplanted trees must be aerated and de-compacted from the tree base to the drip line of the tree. Aerating must include multiple concentric circles of one-inch holes, two inches deep, or as recommended by a certified professional. Sec. 30-210 Tree mitigation (1) If a protected tree, other than a heritage tree, is removed, it must be replaced with trees equal to at least 75% of the deciduous dbh and 75% of the coniferous height in feet, as applicable, of the removed tree, subject to the following conditions: a. Protected coniferous trees must be replaced with similar species using at least an 80/20 ratio, meaning 80% of replacement trees must be coniferous species and up to 20% replacement trees may be of deciduous species that are normally found growing in similar conditions and that are included in Hennepin County's "Recommended Tree List." b. Protected deciduous trees must be replaced with similar species using at least an 80/20 ratio, meaning 80% of replacement trees must be deciduous species and up to 20% replacement trees may be of coniferous species that are normally found growing in similar conditions and that are included in Hennepin County's "Recommended Tree List." c. Replacement trees must not be subject to known epidemic diseases or infestations. Disease or infestation-resistant species and cultivars are allowed. d. 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. e. The plan for replacement of removed trees must be included in the approved tree protection plan. f. Compliance with the approved tree protection plan shall be verified at the time of final inspection. If the protection plan is not in compliance, the final inspection may not be approved. (2) If a heritage tree is removed, it must be replaced with trees at least 100% of the dbh or coniferous feet of the removed tree, subject to the following conditions: a. Heritage coniferous trees must be replaced with similar species using at least an 80/20 ratio, meaning 80% of replacement trees must be coniferous species and up to 20% replacement trees may be of deciduous species that are normally found growing in similar conditions and that are included in Hennepin County's “Recommended Tree List”. b. Heritage deciduous trees must be replaced with similar species using at least an 80/20 ratio, meaning 80% of replacement trees must be deciduous species and up to 20% replacement trees may be of coniferous species that are normally found growing in similar conditions and that are included in Hennepin County's “Recommended Tree List” c. Replacement trees must not be subject to known epidemic diseases or infestations. Disease- or infestation-resistant species and cultivars are allowed. d. Replacement heritage 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. e. The plan for replacement of removed trees is part of the tree protection plan and requires approval by the forestry staff. f. Compliance with the approved tree protection plan shall be verified at the time of final inspection If the tree protection plan is not in compliance, the final inspection may not be approved. (3) Protected trees or heritage trees that have been removed within one year prior to the submission date of the related application are also subject to the replacement requirements in this section 30- 210. (4) All replacement trees must be planted on the subject property, except as approved under section 30-211. (5) All replacement trees must be inspected by an ISA certified arborist no less than 12 months after the planting of the replacement tree or the completion of all other site-disturbing activities under the related application, whichever is later. (6) No mitigation is required for removal of protected or heritage trees from unbuilt lots as defined above, in the following areas: a. Including, and within a ten-foot (10’) radius of, the proposed building pad, deck or patio. b. Including, and within a five-foot (5’) radius of proposed driveways. c. Including, and within ten-foot (10’) radius of installation of infrastructure improvements including public roadways, stormwater retention areas and utilities. (7) The forestry staff may waive the mitigation requirement for removal of protected or heritage trees on built lots in the following circumstances: a. Trees posing damage to existing foundations, sidewalks and driveways, subject to findings from a certified professional or an ISA certified arborist as defined in section 30-207. b. Trees located in an active easement or easement with a future need as identified by the City Engineer. Sec. 30-211 Off-site tree mitigation (1) The tree mitigation requirements under section 30-210 must be satisfied by planting replacement trees on the subject property, unless the forestry staff determines that the subject property cannot accommodate the required number of replacement trees in a manner necessary for the trees to remain healthy and viable, and is approved by forestry staff. (2) If the forestry staff determines that the requirements of subdivision (1) cannot be satisfied, the forestry staff may approve planting of replacement trees on private property located within 300 feet of the subject property, provided that the applicant complies with the requirements of this section. (3) If the forestry staff determines that the requirements of subdivision (1) cannot be satisfied and there is property within 300 feet of the subject property that is suitable for or willing to accept replacement trees, the forestry staff may approve planting of replacement trees on other property located within the City of Edina; provided that the applicant complies with the requirements of this section. (4) An applicant who requests to perform off-site tree mitigation under subdivision (2) must provide written notice to the owners of all property within 300 feet of the subject property, notifying the owners that trees are available for planting on their properties. In addition, the applicant must post a sign on the subject property indicating that trees are available for planting and providing a contact name and phone number for the applicant or applicant’s representative. (5) An applicant who requests to perform off-site tree mitigation under subdivision (3) must comply with subdivision (4) above and must attest to forestry staff that no property owners expressed any interest in accepting any replacement trees. (6) Before approving a tree protection plan that includes off-site tree mitigation, the forestry staff must obtain from the applicant an agreement between the applicant and the owner of the property on which replacement trees will be planted. The agreement must: identify the specifies of replacement trees and the locations at which the replacement trees will be planted; address who is responsible for watering and care of the replacement trees and for the replacement of any tree that is not viable after 12 months, as required by section 30-210(5); grant the City of Edina the right to enter the property where replacement trees will be planted for purposes of inspection and enforcement. Regardless of any such agreement, the applicant is at all times responsible for complying with the requirements of this Article V. Sec. 30-212 Financial Security (1) The City shall require the applicant to provide a cash escrow or a letter of credit satisfactory to the City as security for compliance with the approved tree protection plan, in accordance with section 30-208(5). (2) The amount of the financial security may be determined under one of the options below: a. An amount equal to 110% of the estimated cost of the replacement trees required by the approved tree protection plan, based upon a verified quotation from a landscape supplier; or b. An amount equal to the sum of: i. $300.00 per deciduous dbh below 75% of the total dbh of protected deciduous trees removed; and ii. $300.00 per coniferous foot below 75% of the total feet of protected coniferous trees removed; and iii. $500.00 per deciduous dbh below 100% of the dbh of heritage deciduous trees removed; and iv. $500.00 per coniferous foot below 100% of the coniferous feet removed. (3) The financial security shall be released according to the following schedule: a. After the applicant has planted the required replacement trees but no earlier than the completion of site-disturbing activities on the subject property as approved by the related application, and upon request by the applicant, forestry staff shall inspect the site using the submitted escrow release form that includes the updated tree planting plan. If the forestry staff determines that the applicant has complied with the approved tree protection plan, 50% of the original financial security shall be released. If the applicant has not fully complied with the tree protection plan, the financial security will be released at a ratio that corresponds to 50% of the estimated percentage of compliance. b. No less than 12 months after the planting of all required replacement trees or the completion of all other site-disturbing activities under the related application, whichever is later, the applicant must submit the escrow release form including a landscape review by an ISA certified arborist, certifying planted and preserved trees are viable. If any trees planted both on site and off site are found to be not viable, the applicant must replace those trees in substantially the same location. The remaining balance of the financial security will be released upon the City’s receipt of an ISA certified arborist’s certification that all replacement trees are viable or, if not all trees are certified as viable, upon City forestry staff’s verification that nonviable trees have been replaced, whichever is later. c. If the applicant fails to comply with the requirements of this Article V, the City may draw upon the financial security for purposes of performing the work required to bring the subject property or other property into compliance with the approved tree preservation plan. Sec. 30-213 Transition. This Article V supersedes and replaces the provisions of Chapter 10 [Buildings and Building Regulations], Article III [Building Code], Division 3 [Tree Protection] of the Edina City Code. The repeal of those provisions does not affect the validity of tree protection plans approved pursuant to those provisions. All monies collected pursuant to the repealed provisions shall be held as financial security to ensure compliance with previously approved plans and disbursed in accordance with section 30-212. Sec. 30-214 Violations; penalties. (1) Misdemeanor. Violation of this Article V is a misdemeanor. (2) Other remedies. The provisions of section 1-18 shall also apply to violations of this Article V. Section 5. This ordinance is effective upon publication. Passed by the City Council of Edina on March 3, 2026. First Reading: February 17, 2026 Second Reading: March 3, 2026 Publication: March 12, 2026 Attest: Sharon Allison, City Clerk James B. Hovland, Mayor Sharon Allison (Mar 5, 2026 14:52:32 CST)