09-13-2006 Workshop NEW SCANDIA TOWNSHIP WORKSHOP MEETING
New Scandia Township Board and Planning Commission shall hold a Workshop Meeting
on September 13, 2006 at 7:00 p.m. to review possible changes to the Development
Code. The Workshop will be held in the Board Chambers at the New Scandia
Community Center, 14727 209th Street.
Brenda Eklund
New Scandia Township Deputy Clerk
Dated: August 28, 2006
NEW SCANDIA TOWNSHIP WORKSHOP MEETING
SEPTEMBER 13, 2006
7:00 P. M.
1. Call to Order by Planning Commission Chair Chris Ness
2. Revising Open Space Design Ordinance
3. Tree Preservation Ordinance
4. Discussion of Siding and Color Requirements for Accessory Structures
5. Discussion of an Ordinance Amending Chapter 2, Section 11.2 of the Development
Code Pertaining to the Shoreland Overlay District
6. Additions to the Agenda
7. Adjournment
New Scandia Township
Minutes of Town Board Workshop Meeting
Wednesday, September 13,2006
The New Scandia Town Board workshop meeting was called to order by Chairman Dennis
Seefeldt at 5:00 p.m.Present were Supervisors Michael Hinz,Michael Harnetty,Blair Joselyn
and Nancy Madden,and Township Administrator Anne Hurlburt
The Board discussed with the Administrator various issues regarding her responsibilities.
After discussion of the policies and procedures for making expenditures and purchases,it was
agreed that a written purchasing policy would be developed. Initially,this policy will provide for
prior approval by the Board of expenditures exceeding$1,000; multiple quotes for large
purchases; and, direction for when budget amendments are necessary. Administrator Hurlburt
will draft a policy for the Board's consideration within the next 2 to 3 months. The Board gave
verbal approval for the purchase of computer equipment,within the 2006 budgeted amount for
office equipment.
The need to update the Township's personnel policy was discussed,to delegate most of the
functions of directly supervising employees to the Administrator. Hurlburt will draft policies for
the Board's review within the next 2 to 3 months. She explained that she will immediately
implement some changes in procedures for approving full-time employee leave time.
The Board directed that the Administrator attend all committee meetings,until otherwise directed.
Other staff(Treasurer,Deputy Clerk)will also continue to attend the meetings as has been the
practice. The Board directed that the Township Planner be requested to attend Planning
Commission meetings in the future.
Some changes to the format of Board meeting agendas were discussed, along with proposed staff
cover memos that will be prepared for agenda items.
The Board discussed the need to obtain recommendations from the Park and Recreation
Committee for possible winter recreation programs, and to get an update from Mike White on the
status of equipment and facilities. Hurlburt will send a letter to the Committee requesting that
they make recommendations in time for the October Board meeting, and to request a report from
Mr.White.
Hurlburt was directed to prepare an advertisement for new members of the Parks and Recreation
Committee, in preparation for filling the three vacancies.
Communication with the Township Engineer was discussed. Hurlburt will be meeting with the
Engineer, and other consultants and contractors of the Township, over the next couple of weeks
to discuss their projects and communications with the Board.
The meeting adjourned at 6:55 p.m.
Respectfully submitted,
Anne Hurlburt
Township Administrator
New Scandia Township
Minutes of Town Board/Planning Commission Workshop Meeting
Wednesday, September 13, 2006
The meeting was called to order by Planning Commission Vice Chair Jim Malmquist at 7:00 p.m.
Present were Planning Commissioners Peter Schwarz,Donnette Yehle,and Kevin Nickelson;
Town Board Chairman Dennis Seefeldt, Supervisors Michael Hinz,Michael Harnetty,Blair
Joselyn and Nancy Madden. Planning Commission Chair Chris Ness was absent. Also present
were: Rural Landscape Preservation Committee member Curt Hadland; Park and Recreation
Committee member Karen Schik; Township Attorney David Hebert; Township Administrator
Anne Hurlburt; Planner Berry Farrington and Planner Richard Thompson,TKDA.
Open Space Design Ordinance
Planner Thompson distributed a revised draft of ordinance#88,which would modify the
requirements for Open Space Developments. A memo prepared by Board Member Joslyn in
January,2006 was reviewed and discussed.
The group discussed the need for a meeting to review the concept before submitting plans to the
Planning Commission, and who should be in attendance. The experts advising the Township
(such as the ecologist and planner)need to be involved in the pre-concept meeting. The purposed
of the meeting is to give the Commission and Board better,more objective information earlier in
the development process. The most important values to protect, for the residents and the
community,need to be identified. The rights of the property owner also need to be considered.
Not all experts may agree, and their advice is one factor in making decisions on the development.
The proposed percentages of the various bonuses were reviewed, and were determined to be
consistent with what was previously reviewed by the group. Thompson will draft all the changes
in ordinance format for review at the next meeting. He will also compare the new criteria with
recently approved developments.
Tree Preservation Ordinance
Planner Farrington reviewed her report and draft ordinance language,which was based on the
City of Forrest Lake's ordinance, suggestions from the Rural Landscape Preservation Committee
and from discussion at the previous workshop meetings. Changes suggested were: list trees by
genus and species; clarify how forests and woodlands are defined; encourage replacement with
native species; lower the size of red maples considered"significant", as they provide fall color;
define"project closure"and how long guarantees must be held; and develop options for cash
payments if all trees cannot be replace on site.Issues for administration of the ordinance were
discussed. After discussion on whether the ordinance should apply to any existing lots,the
direction was to rewrite the ordinance to apply only to new developments and any projects
requiring landscape plans.
Siding and Color Requirements for Accessory Structures
Section 9.13(1) of Chapter Two of the Development Code does not allow metal sided buildings
on parcels smaller than 5 acres. Further,this section provides that"All accessory buildings shall
resemble, in style,materials,color,roofline, and siding type,the principal building on the lot",
with some exceptions. The consensus of the discussion was that it should be changed from 5 to 4
acres,to reflect that many"nominal"5-acre parcels are less than 5 acres. The requirement that
1
the accessory building resemble the principal building should apply only to parcels less than 4
acres. An ordinance making this change will be drafted for the next meeting.
Amendment to Chapter 2, Section 11.2 relating to the Shoreland Overlay District
Attorney Hebert explained that the current ordinance would not allow open space developments,
even though one had recently been approved. There was discussion that they should be
acceptable if part of a Planned Unit Development.
Planning Commission Schwarz commented that the Development Code would be more usable if
the page numbers included a reference to the relevant chapter. The planners will investigate this
suggestion.
Next Meeting
The next meeting to discuss ordinance changes will be on Wednesday, October 11, 2006 at 7:00
p.m.
The meeting adjourned at 9:10 p.m.
Respectfully submitted,
Anne Hurlburt
Administrator
2
New Scandia Township
Memo
To: Scandia Town Board and Planning Commission Members
From: Anne Hurlburt, Administrator
Date: 09/07/06
Re: September 13, 2006 Workshop Meeting to Discuss Possible
Amendments to Development Code—Additional Background Materials
Attached you will find minutes of the previous workshop sessions where potential
development code amendments were discussed (April 11, April 24 and April 25,
2006.)
Please let me know if there is any other information you would like staff to provide to
assist with your discussion.
April 11, 2006
On the above date, a Special Workshop Meeting was held to discuss changes to current
ordinances. In attendance were the following Board members: Chairman Dennis Seefeldt,
Vice-Chairman Michael Hinz, Michael Harnetty, Blair Joselyn and Nancy Madden. The
following Planning Commission members were present: James Malmquist, Kevin
Nickelson, Peter Schwarz and Donnette Yehle. Chris Ness was absent. Also present were
Township Attorney Dave Hebert and Town Planner Richard Thompson.
STUDY ON COMMUNITY RESIDENCES
Planner Richard Thompson reviewed the Study of Ordinance Review of Community
Residences prepared by TKDA. Federal and state laws hold a heavy hand in regulations
of group homes. It is unequivocal that residences having 6 or fewer individuals must be a
permitted use. New Scandia does have a high concentration of group homes as compared
to other communities in Washington County; five homes within a two mile radius,with a
per capita ratio of 1 bed per 152 residents. In regards to the many police calls made to the
home on 15734 240th Street, the licensing department for Washington County was
unaware of the poor management at this facility. There is a formal compliant process in
place. The County is dependent on citizens to report to them all complaints and concerns
which the County is obliged to act on. All serious violations should work themselves up
to the state level. Supervisor Harnetty and a group of citizens have been working closely
with Representative Ray VandeVeer to construct a bill that would focus on corporate
managed firms that operate the community residences; they operate as a business and
should be under local government control. A meeting has been scheduled for May 2°a
that will involve Supervisor Harnetty, a small group of Scandia residents, Dan Papin—
the Washington County Director of Community Services and Jeff Feltz—executive
director of Community Living Options. Mr. Feltz will be given a chance to hear of the
issues regarding the group homes in New Scandia Township that C.L.O. operates.
It was also discussed that an ordinance could be put in place that would regulate the
group homes as it would rental units. The City of Shoreview currently classifies
community residences in this manner.
MAJOR SUBDIVISION APPROVAL PROCESS
All present were in agreement that the current 100%bonus given to developers when
planning an Open Space Design is in need of being changed. Planner Richard Thompson
stated that the trend in surrounding communities is to lower the bonus, as there appears to
be a fear of too much density. Beginning at 25% or 50%, and then being granted
additional percentage of lots to meet Township goals of preserving natural features
appeared to be an improvement. Having a community well could be weighted most
heavily. There continues to be the question if community septic is a benefit to the
development or not. It was discussed to have the entire Township mapped out in regards
to locating natural features to preserve and to locate a system of corridors of green space.
Washington County may have the resources to do this. Trying to define a focal point
appears to be too opinionated, and there should be a way to quantify how the additional
New Scandia Township Workshop
April 11, 2006
page 2
lots are granted. A list of values that the Board defines as worthy to preserve and
therefore grant additional bonus lots up to 100%was begun. These included contiguous
open space, historical buildings, cultural features, forest,wetlands, agricultural land,
sensitive ecological areas, high quality soil, views and wildlife habitats, among other
items. All agreed that a 100%bonus is okay as long as the developer earns it. It was
suggested that a consultant be hired to work with the developers prior to drawing up a
preliminary plat. The cost would be charged back to the developers.
Town Attorney Dave Hebert and Planner Richard Thompson will draft changes to
Chapter 12.1 and 12.9 of the Development Code by the next workshop. A 25%base
bonus will be granted for clustering, with additional percentages granted for preserving
defined values.
ADULT USE ORDINANCE
Town Attorney Dave Hebert has submitted a draft ordinance providing for the regulation
of adult oriented businesses in the Town of New Scandia; providing for the issuance of
licenses; and penalties for violations. Mr. Hebert will acquire studies of how adult
oriented business can negatively affect communities - the next step in the process of
adopting this ordinance.
TREE PRESERVATION ORDINANCE
Curt Hadland, representing the Rural Landscape Preservation Committee,presented
findings of his review of current ordinances relating to tree preservation. The guidelines
seem to lack the specifics of tree preservation. Mr. Hadland would like to add a Tree
Mitigation Permit as a requirement for developers, along with adding enforcement
through a trained arborist to monitor the development. In regards to granting bonuses to
cluster designs, it was suggested to add landscape screening to the detailed list. Mr.
Hadland will contact Mark Sandercott of the Big Marine Lake development with RLPC
guidelines.
A follow-up Workshop has been scheduled for April 25, 2006 at 7:00 p.m.
Meeting adjourned.
bj/24C
Brenda Eklund
New Scandia Township Deputy Clerk
April 25,2006
On the above date a Workshop Meeting was held involving the Planning Commission and the
New Scandia Town Board. The following Planning Commission members were present: Chair
Chris Ness,James Malmquist,Kevin Nickelson, Peter Schwarz,Donnette Yehle. The following
Town Board members were present: Chairman Dennis Seefeldt,Michael Harnetty,Blair Joselyn,
Nancy Madden. Michael Hinz absent. Town Planner Richard Thompson and Town Attorney
Dave Hebert were also present.
ADULT ORIENTED BUSINESSES
Discussion of the Draft of an Adult Use Ordinance submitted by Town Attorney Dave Hebert
included changes and additions to the wording. The ordinance was modeled after three Town
Ordinances of surrounding communities. The ordinance cannot prevent their establishment in
town,but can discourage their operation.No public hearing is necessary to adopt this particular
ordinance, as it is defined as a police ordinance. Preceding adoption of an Adult Use Ordinance, a
study needs to be presented to the Ordinance Revision Committee. This study would show the
effect on crime in communities where Adult Businesses are present. A report on this study from
the Attorney General's office will be obtained.
TREE PRESERVATION ORDINANCE
In establishing guidelines for tree preservation, it was agreed upon that an ordinance should more
clearly state what is needed for the developer of a property to adhere to. A permit for tree removal
should be a requirement. It was agreed necessary to have a qualified arborist mark the trees to
remain and the engineering firm would do periodic on-site inspections. A penalty for violating the
agreement or harming the trees during construction would be assessed. The current ordinance in
the Development Code appears in multiple sections. This seems to be scattered and should be
combined to more concise wording. Dennis Seefeldt and Peter Schwarz will pull the current
ordinance together and also review Forest Lake's Woodland Preservation regulations.The Rural
Landscape Preservation Committee will also work with Kathy Widin,an arborist who has written
tree codes for other municipalities.Ms. Widin could possibly work as a consultant to revise the
current ordinance.
DEFINITION OF AN AGRICULTURAL BUILDING
As currently defined, an agricultural building can be built for any type of operation.There have
been several instances of large buildings being constructed to house three goats or storage for two
to three acres of hay,then being used for storage associated with a small business (lumber, semi-
trucks and trailers). This type of use is classified as non-compliant. Discussion of the wording
that should make this more clear includes that use of an ag building should be tied to the actual
farm operation which is tied to the agricultural use of the land.With twenty to forty acre farms,
current allowable square footage may not be adequate. It may be necessary to allow additional
size through a certificate of compliance,therefore giving a handle on what is being done with the
building.But there is also the question of what becomes of these large buildings after the farm
operation ceases. The aesthetics of a building was also discussed.Can"hoop buildings"be
disallowed?How can the rural character of the town be maintained through the Development
Code? Discussion also included how to deal with horse operations. Defining"companion
animals"may need to be addressed. Supervisor Dennis Seefeldt and Planning Commission
member Kevin Nickelson will further research this issue.
A follow-up Workshop will be held May 9, 2006 at 7:00 p.m.
Meeting a .oumed.
rends Eklund
New Scandia Township Deputy Clerk
May 24, 2006 Workshop Meeting
In attendance were Dick Thompson and Berry Farrington of TKDA, attorney Dave Hebert,
RLPC member Kurt Hadland, Town Board members Dennis Seefeldt, Mike Hinz, Blair Joselyn,
Nancy Madden, and Planning Commissions members Donnette Yehle, Peter Schwarz, Kevin
Nickelson. Chris Ness and James Malmquist were absent.
Dennis Seefeldt called the meeting to order. Ordinance No. 88 amending Ordinance No. 74
pertaining to the zoning and subdivision regulations of the town was discussed first. Dick
Thompson presented the second draft of the ordinance. Changes made to this draft included
Section 2 (3) (C) list 3 as a separate item; (F) rewording to "Preservation or establishment of
woodlands and forests..." (H) add word"or" after"features"; (J) add"roads and property"to
end of sentence; and (K) replaced word "proposed"with"potential". Percentage points were
assigned as follows: A=5%, B=10%, C=25%, C3=5%, D=10%, E=25%, F—L= 10%. It was
decided that greater importance should be encourage for community water systems and open
space orientation(C &E). An additional two bonus point items were added to emphasize habitat
restoration and providing long-term stewardship of open space. Both points were assigned 10%.
There was some discussion as to whether or not some of these bonus points should be required,
not just recommended. Berry Farrington then walked the group through a matrix of these points
as applied to an existing development. Altogether, four examples were provided. There was also
some discussion as to the meaning of the word"preservation" and how that can be applied
through a management plan.
Next, Peter Schwarz presented a summary from his ad-hoc work group regarding a tree
preservation ordinance. His workgroup reached the conclusion that a stand-alone tree
preservation ordinance makes no sense,but that it must be part of the overall resource inventory
of a given parcel of land. They recommended hiring a Resource/Ecologist/Landscape specialist
without delay. Such specialist would work with the town planner to formulate a preservation
policy. As part of that group, Kurt Hadland added that they are talking about more than tree
preservation, but"conservation subdivision/development"to preserve something important. Mr.
Hadland suggested a Conservation Development permit process in which the town would have
their Landscape Specialist do a complete site inventory from which can be formulated a
conservation plan. After that is done, the Planning Commission would have a pre-concept site
visit,then a pre-concept workshop would be held. Only after that would an open space plan
come to the full Planning Commission and Town Board. It would save the developer on
engineering fees if they were given more direction prior to making a lot of plans. It was
suggested this not be called a"permit",but an"application". Escrow would be collected to cover
the cost of the resource inventory. Mr. Hadland suggested that such a"specialist" should know
how to talk to developers and persuade them to look at the land in another way, and also be able
to do the inventory work. Mr. Hadland asked the group to consider changing the terminology
from"Open Space Design"to "Conservation Development". Put on next town board agenda to
set interviews. In the meantime, it was suggested that the town contract a consultant to work with
Dick Thompson on melding the Landscape, Screening and Tree Preservation policies into one
ordinance applying to OSD. Mr. Thompson will get a quote for the June 6 meeting.
May 24, 2006
Ordinance Workshop
Dennis Seefeldt urged all Planning Commission and Town Board members interested to attend a
Conservation Development Seminar coming up Monday, June 12, from 8:00 a.m. to 11:30
a.m. with a continental breakfast at 7:30 a.m., at the Sheraton in Bloomington. Cost is $50.00 to
be paid by the township. The seminar is hosted by ULI Minnesota(Urban Land Institute).
Contact Brenda at the office if you want to attend.
Nancy Madden requested the ordinance on accessory structures be changed to allow pole
buildings on less than five acres to accommodate the nominal five-acre lots in the township. She
suggested 4.01 or 4.5 acres at a minimum. Put on June 6 Planning Commission agenda.
Dennis Seefeldt presented a revised plan for Emerald Acres in which the loop in the road is
removed thereby simplifying the street plan. It was decided that the applicant could be invited to
the June 6 Planning Commission meeting,but cautioned that any changes to the already
approved plan could require a whole new public hearing process with everything subject to
change, and that the township has been having workshops to revise the open space ordinance in
calculating density bonuses. One example in the last workshop would have allowed 21 lots for
Emerald Acres.
Dave Hebert brought up the Adult Use Regulations. It was decided to have a public hearing for
the new ordinance with Mr. Hebert drawing up the required findings. Public hearing should be
set for the July meeting.
FYI—The Incorporation Hearing is scheduled for July 19 and 20,with a public meeting at the
town hall on the 20th at 7:00 p.m.
Respectfully submitted by,
Colleen Firkus
Planning Commission Secretary
.��4 �3
TKDA 1500 Piper Jaffray Plaza
444 Cedar Street
Saint Paul,MN 55101-2140
ENGINEERS•ARCHITECTS•PLANNERS
(651)292-4400
(651)292-0083 Fax
MEMORANDUM www.tkda.com
To: Town Board and Planning Reference: Zoning Ordinance Changes: Open
Commission Space Development, and Draft
New Scandia Township Woodland Preservation amendment
Copies To: Anne Hurlburt, Administrator
Brenda Eklund, Deputy Clerk Proj. No.: 13581.000
Colleen Firkus, Planning
Commission Secretary
From: Richard E. Thompson, AICP Routing:
Berry Farrington
Date: September 6, 2006
Please find enclosed two draft ordinance amendments, Open Space Development, and Woodland
Preservation, for discussion at the September 13 workshop meeting.
The Open Space Development amendment was created with the Planning Commission and Town Board over
a series of workshop meetings in the spring. The amendment was put aside over the summer as the Township
focused on the incorporation process. The enclosed amendment is the third draft which includes the changes
discussed at the Town's May 24, 2006 workshop meeting.
The enclosed first draft of the Woodland Preservation amendment to the Zoning Ordinance is based upon the
City of Forest Lake's ordinance, suggestions from the Rural Landscape Preservation Committee, and from
discussion at Town workshop meetings. The amendment was developed in partnership with Jason Husveth
of Critical Connections Ecological Services.
The amendment is organized in four parts:
• Part 1 is the proposed process and regulations for tree and woodland removal and replacement.
• Part 2 is an updated Screening and Landscaping section to follow from the Woodland Preservation
section.
• Part 3 is the Resource Inventory portion of the Open Space Development section, to include
Woodland Preservation requirements.
• Part 4 is the requirements for Concept Plan and Preliminary Plat submittals within the Subdivision
Ordinance,to require a resource inventory for all major subdivision requests and to include the
Woodland Preservation requirements.
An Employee Owned Company Promoting Affirmative Action and Equal Opportunity
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;fig r4 l b t y Home Comments
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http://www.datafinder.org/website/DF_WashingtonCounty/Parcels/title.htm 9/6/2006
FIRST DRAFT,Revised 9/6/06 Chapter Two❖Zoning Regulations
SECTION 9. DEVELOPMENT STANDARDS
Part One:Draft Section 9.11. Woodland/Forest Preservation
Woodland/Forest Preservation
Zoning Regulations, Section 9, (1) Purpose.
Development Standards
The preservation and protection of trees,woodlands and forests can
significantly add to the quality of the physical environment of the
community. The Township recognizes the value of trees,woodlands
and forests for improving air quality,scenic beauty,protection against
wind and water erosion,shade,natural insulation for energy
conservation,wildlife habitat,and protecting the integrity of the natural
environment.
(2) Definitions.
(A) Applicant: Any person or entity that is required to submit and
implement an approved Woodland/Forest Preservation Plan
under this section.
(B) Caliper Inch: The diameter of a tree measured at 54 inches
above ground level.
(C) Coniferous Trees: A wood plant which, at maturity, is at least
twelve(12)feet or more in height and has foliage on the
outermost portions of the branches year round.
(D) Construction Zone: Any area in which movement of earth,
alteration in topography, soil compaction,disruption of
vegetation,change in soil chemistry, change in groundwater
or surface water hydrology,or other change in the natural
character of the land occurs as a result of the site preparation,
grading,building construction,or any other construction
activity.
(E) Critical Root Zone(CRZ): An imaginary circle surrounding
the tree trunk radius distance of one(1)foot per one(1)inch
of tree diameter,(i.e.,a twenty(20)inch diameter tree has a
CRZ with a radius of twenty(20)feet).
(F) Drip Line: The farthest distance away from the trunk that rain
or dew will directly fall to the ground from the leaves or
branches of the tree.
(G) Forest: Trees with their crowns overlapping,as identified by
the Minnesota Land Cover Classification System(MLCCS).
(H) Hardwood Deciduous Tree: Includes ironwood,oak, sugar
maple,walnut, ash,hickory,birch,black cherry,hackberry,
locust,and basswood.
New Scandia Township Development Code 1
Chapter Two❖Zoning Regulations FIRST DRAFT,Revised 9/6/06
(I) Invasive tree species: a tree species that is non-native to the
ecosystem and whose introduction causes economic or
environmental harm. Invasive tree species include,but are not
limited to Common Buckthorn(Rhamnus cathartica),Glossy
Buckthorn(Rhamnusfrangula), Tartarian Honeysuckle
(Lonicera tatarica),Amur Maple(Acer ginnala),Russian
Olive(Elaeagnus angustifolia), Siberian Peashrub(Caragana
arborescens),Japanese Barberry(Berberis thunbergii),
Norway Maple(Acer platanoides)and Siberian Elm(Ulmus
pumila).
(J) Multi-trunk Tree.A multi-trunk tree is considered as one tree
if the trunk forks at a height above 54 inches. For multi-trunk
trees that fork at or below 54 inches,each trunk is considered
a separate tree.
(K) Significant Tree:A healthy tree standing outside of a
woodland/forest,measuring a minimum of six(6)caliper
inches for all hardwood deciduous trees, a minimum of
twenty(20)caliper inches for all softwood deciduous trees,or
a minimum of twelve(12)feet in height for all coniferous
trees.
(L) Significant Woodland/Forest: Areas identified as planted
deciduous and coniferous trees, coniferous, deciduous and
mixed woodlands, and coniferous, deciduous and mixed
forests by the Minnesota Land Cover Classification System
(MLCCS).
(M) Softwood Deciduous Trees: Includes catalpa,cottonwood,
poplars/aspen,box-elder,willow, silver maple, red maple and
elm.
(N) Woodland: Open stands of trees with crowns not usually
touching, as identified by the Minnesota Land Cover
Classification System(MLCCS).
(3) Woodland/Forest Preservation Plan.
(A) General Submission Requirements.A Woodland/Forest
Preservation Plan shall be submitted for:
1. Any Preliminary Plat as required within the
Subdivision Code and Zoning Ordinance;
2. Any Landscape Plan as required by Section 9.12 of
this Chapter;
3. Any Minor Subdivision when significant trees or
significant woodland/forest exist on site;
2 New Scandia Township Development Code
FIRST DRAFT,Revised 9/6/06 Chapter Two❖Zoning Regulations
4. Any project for which a Washington County Grading
Permit is required and when significant trees or
significant woodland/forest exist on site;
5. Any project for which a Building Permit is required
and when significant trees or significant
woodland/forest exist on site.
(B) Plan Requirements.
1. All Woodland/Forest Preservation Plans,with the
exception of individual single-family residential lots,
shall be certified by a forester,ecologist,or other
qualified professional retained by the Applicant.
2. All Applicants shall submit a Woodland/Forest
Preservation Plan prepared in accordance with the
provisions of this Chapter. The Woodland/Forest
Preservation Plan shall include the following
information:
a. Boundary lines of the property with accurate
dimensions.
b. Location of existing and proposed buildings,
structures,parking lots,roads, impervious
surfaces and other improvements.
c. Proposed grading plan with two-foot contour
intervals and limits of the construction zone.
d. Location of all significant woodland/forest,
area in square feet and acres,and description
of natural community type or predominant
canopy tree species, identified in both graphic
and tabular form.
e. Location of all existing significant trees, size
by caliper inch, scientific name, common
name, and condition(diseased or dying) for all
areas of the site identified in both graphic and
tabular form.
f. Location of significant trees and significant
woodland/forest proposed to be removed
within the construction zone, identified in both
graphic and tabular form.
g. Measures to protect significant trees and
significant woodland/forest,as required by
Section 9.11(7).;
New Scandia Township Development Code 3
Chapter Two❖Zoning Regulations FIRST DRAFT,Revised 9/6/06
h. Size, scientific name, common name, and
location of all replacement trees proposed to be
planted on the property to replace significant
trees and significant woodlands/forest
proposed to be removed;
i. The name(s),telephone number(s), and
address(es)of Applicants,property owners,
developers,and/or builders; and
j. Signature and qualifications of the person
preparing the plan.
(4) Replacement Provisions.
All significant trees and significant woodlands/forests removed shall
be replaced.
(A) Significant Tree Replacement.
All significant trees removed must be replaced as determined
by the tree replacement schedule.
1. Tree Replacement Schedule.
Size of Tree Damaged or Number of Replacement Trees
Destroyed
Category A Category B Category C
Coniferous, 12 to 24 feet high 1 2 4
Coniferous,greater than 2 4 8
24 feet in height
Hardwood Deciduous, 1 2 4
6 to 20 inches diameter
Hardwood Deciduous,greater 2 4 8
than 20 inches in diameter
Softwood Deciduous, 1 2 4
20 to 30 inches diameter
Softwood Deciduous,greater 2 4 8
than 30 inches diameter
(B) Significant Woodland/Forest Replacement.
For every 125 square feet of significant woodland/forest
damaged or destroyed,or increment thereof,the Applicant
shall be responsible for furnishing and installing:
• One(1)Category A replacement tree; or
• Two(2)Category B replacement trees; or
• Four(4)Category C replacement trees.
Trees planted to replace significant woodland/forest must be
arranged in stands to provide a habitat similar to the damaged
4 New Scandia Township Development Code
FIRST DRAFT,Revised 9/6/06 Chapter Two❖Zoning Regulations
or destroyed habitat.The same species,or a species approved
by the Township,must be planted to re-create the significant
woodland/forest habitat that was lost.
(C) Size of Replacement Trees.
Required replacement trees are defined as Category A,
Category B,and Category C.
1. Category A trees shall be no less than the following
sizes:
a. Deciduous trees,not less than four(4)caliper
inches.
b. Coniferous trees,not less than twelve(12)feet
in height.
2. Category B trees shall be no less than the following
sizes:
a. Deciduous trees,not less than two and one-half
(2'/2)caliper inches.
b. Coniferous trees,not less than six(6)feet in
height.
3. Category C trees shall be no less than the following
sizes:
a. Deciduous trees,not less than one and one-half
(11/2)caliper inches.
b. Coniferous trees,not less than four(4)feet in
height.
(D) Species Requirement.
The Township may require that the replacement species is
identical to the removed species.
Where ten(10)or more replacement trees are required,not
more than fifty(50)percent of the replacement trees shall be
of the same species of tree without the approval of the
Township.
(E) Warranty Requirement.
Any replacement tree which is not alive or healthy, as
determined by the Township,or which subsequently dies due
to construction activity within one(1)year after the date of
New Scandia Township Development Code 5
Chapter Two❖Zoning Regulations FIRST DRAFT,Revised 9/6/06
project closure, shall be removed by the Applicant and
replaced with a new healthy tree meeting the same minimum
size requirements within eight(8)months of removal.
(F) Landscaping Requirements.
The planting of trees for mitigation shall be in addition to any
other landscape requirements of the Township.
(G) Shoreland Overlay District.
Trees and woodland/forest within the Shoreland Overlay
District are subject to the requirements stated in Section 11.2,
in addition to the regulations of this Section.
(5) Required Protective Measures.
The following measures shall be utilized to protect significant trees and
significant woodland/forest during any type of grading or construction:
(A) Installation of snow fencing or polyethylene laminate safety
netting placed at the drip line or at the perimeter of the
critical root zone(CRZ),whichever is greater,of significant
trees and significant woodland/forest to be preserved.No
grade change,construction activity,or storage of materials
shall occur within this fenced area.
(B) Identification of any oak trees requiring pruning between
April 15 and July 1 to avoid the spread of Oak Wilt.Any oak
trees so pruned shall be required to have any cut areas sealed
with an appropriate non-toxic tree wound sealant.
(C) Prevention of change in soil chemistry due to concrete
washout and leakage or spillage of toxic materials, such as
fuels or paints.
(6) Recommended Protective Measures
The following tree protection measures are suggested to protect
significant trees and significant woodland/forest that are intended to be
preserved:
(A) Installation of retaining walls or tree wells to preserve trees.
(B) Placement of utilities in common trenches outside of the drip
line of significant trees,or use of tunneled installation.
(C) Use of tree root aeration,fertilization,and/or irrigation
systems.
6 New Scandia Township Development Code
FIRST DRAFT,Revised 9/6/06 Chapter Two❖Zoning Regulations
(D) Transplanting of significant trees into a protected area for
later moving into permanent sites within the construction
area.
(E) Therapeutic pruning.
(7) Review Process.
The Woodland/Forest Preservation Plan shall be reviewed by the
Township to assess the best possible layout to preserve significant trees
and significant woodland/forest,and to enhance the efforts to minimize
damage to significant trees and woodland/forest. The Applicant shall
meet with the Township Planner prior to submission of the Preliminary
Plat,Building Permit request,Grading Permit request,or Planning
Request Application to determine the most feasible and practical
placement of buildings,parking,driveways, streets, storage, and other
physical features in order that the fewest significant trees and
significant woodland/forest are destroyed or damaged. Once a plan is
approved by the Township,the plan shall be recognized as the
approved Woodland/Forest Preservation Plan.
(8) Compliance with the Plan.
(A) Implementation of the Plan.
The Applicant shall implement the Woodland/Forest
Preservation Plan prior to and during any construction. The
tree protection measures shall remain in place until all
grading and construction activity is terminated,or until a
request is made to and approved by the Township.No
significant trees or significant woodland/forest shall be
removed until a Woodland/Forest Preservation Plan is
approved and accepted in accordance with the approved
Woodland/Forest Preservation Plan.
(B) Performance Guarantee.
The Applicant shall provide the required performance
guarantee following preliminary approval of the
Woodland/Forest Preservation Plan and prior to any
construction and/or grading.No performance guarantee shall
be required for Applicants for building permits of single-
family residential additions and accessory structures.
The amount of the performance guarantee to be submitted,
specific to the Woodland/Forest preservation fulfillments,
shall be calculated as follows:
1. An amount to guarantee preservation of all trees
identified by the approved Woodland/Forest
Preservation Plan to be preserved within the
New Scandia Township Development Code 7
Chapter Two+Zoning Regulations FIRST DRAFT,Revised 9/6/06
Construction Zone shall be deposited with the
Township.
The amount shall be calculated by multiplying the
total caliper inches of significant trees to be preserved
by the rate of payment of$75.00 per caliper inch
and/or the total square feet of woodland/forest to be
preserved at the rate of$1.50 per square foot.
2. Following written request by the Applicant for
acceptance,the performance guarantee will be
released upon verification by the Township that the
Woodland/Forest Preservation Plan was followed and
that the tree replacement schedule was complied with
where necessary; in no event shall the performance
guarantee be released earlier than one(1)year after
the date of the project closure.
(C) Noncompliance.
If a significant tree or significant woodland/forest that was
intended to be preserved is removed without permission of the
Township,or damaged so that it is in a state of decline within
one(1)year from date of project closure,the cash performance
guarantee, $75.00 per caliper inch of significant tree or$1.50
per square foot of significant woodland/forest, shall be remitted
to the Township.The Township shall have the right to inspect
the development and/or building site in order to determine
compliance with the approved Woodland/Forest Preservation
Plan. The Township shall determine whether compliance with
the Woodland/Forest Preservation Plan has been met.
(9) Permitted Tree Removals.
Removal of Existing Significant Trees. The Township allows removal
of significant trees without replacement if removal is below the
following thresholds.
(A) Removal of Diseased Trees.All diseased,hazardous, dead
and dying trees may be removed.
(B) Invasive tree species.Invasive tree species may be removed,
and are encouraged to be removed and chemically treated
with appropriate herbicides and application methods to
discourage re-sprouting.
(C) Up to ten(10)percent of significant trees may be removed
from existing parcels with existing structures.
(D) After tree removal the parcel must still meet the minimum
requirements of the landscape section of this Chapter.
8 New Scandia Township Development Code
FIRST DRAFT,Revised 9/6/06 Chapter Two❖Zoning Regulations
SECTION 9. DEVELOPMENT STANDARDS(CONTINUED...)
Part Two:Draft Amendments 9.11-12 Screening and Landscaping
Zoning Regulations, Section 9,
Development Standards (1) Purpose and Objectives.
The preservation of existing trees and vegetation as well as the planting
of new trees and vegetation,can significantly add to the quality of the
physical environment of the community. This section provides for the
health, safety,and welfare of the residents of New Scandia Township
and is intended to:
• Promote the reestablishment of vegetation in developed areas
for aesthetic,health, and wildlife reasons;
• Establish and enhance a pleasant visual character which
recognizes aesthetics and safety issues;
• Promote compatibility between land uses by reducing the
visual,noise, and lighting impacts of specific development on
users of the site and abutting uses;
• Unify development,and enhance and define public and
private spaces;
• Promote the retention and use of existing vegetation;
• Aid in energy conservation by providing shade from the sun
and shelter from the wind;
• Reduce flooding and erosion by stabilizing soils with trees
and vegetation.
(2) Landscaping Plan.
When is it required?A landscaping plan shall be submitted at the time
of site plan/preliminary plat review for any:
(A) Major residential subdivision,or new development or new
building construction in any commercial, industrial,
public/institutional or planned unit development.
(B) Modification or expansion of a commercial or industrial
building or improvements to a site, and/or when there is a
change in land use plan or zoning. Landscaping requirements
shall be applied to those portions of the site that are directly
affected by the proposed improvements,or change in land
use, as determined by the Zoning Administrator. In all cases
appropriate screening and buffering shall be provided for the
entire site.
New Scandia Township Development Code 9
Chapter Two❖Zoning Regulations FIRST DRAFT,Revised 9/6/06
(3) General Plan Requirements.
Landscape plans shall be prepared by a landscape architect or other
qualified person acceptable to the Zoning Administrator at a legible
scale and shall include the following:
(A) boundary lines of the property with accurate dimensions;
(B) locations of existing and proposed buildings,parking lots,
roads and other improvements;
(C) proposed grading plan with two-foot contour intervals;
(D) location, size and common name of all existing`significant'
trees at least 6 inches in diameter or greater as measured 54
inches above the ground for all areas of a site that will be
disturbed or graded. [For changes to developed sites,the
location, size and common name of all trees and shrubs on
the site must be identified for all areas of the site that will be
disturbed and graded.];
(E) a planting schedule containing symbols,quantities, common
names, and size of plant materials;
(F) planting details illustrating proposed locations of all new
plant material;
(G) locations and details of other landscape features including
berms,fences and planter boxes;
(H) details of restoration or disturbed areas including areas to be
sodded or seeded;
(I) location and details of irrigation systems; and
(J) details and cross sections of all required screening.
(4) Design Standards and Guidelines.
All landscape plans shall adhere to the following:
(A) Woodland/Forest Preservation Plan. Unless waived by the
Township,a Woodland/Forest Preservation Plan shall be
submitted as per Section 9.11 of this Chapter.
(B) Landscaped Areas.All open areas of a lot which are not used
or improved for required parking areas,drives or storage shall
be landscaped with a combination of over-story trees,under-
story trees,coniferous trees, shrubs, flowers and ground cover
materials.The Township strongly encourages landscape plans
that reflect the natural landscape.
10 New Scandia Township Development Code
FIRST DRAFT,Revised 9/6/06 Chapter Two❖Zoning Regulations
(C) Number of trees.The minimum number of major or over-
story trees on any given site shall be as indicated below.
These are the minimum substantial plantings, in addition to
other under-story trees,shrubs,flowers and ground cover
deemed appropriate for a complete quality landscape
treatment of the site. The minimum number of trees is in
addition to any trees planted for mitigation as determined by
the Woodland/Forest Preservation Plan. The planting location
of the required trees is flexible in order to accommodate
various landscape designs. The required number of trees may
be reduced by the Town Board if the landscape plan reflects
the natural landscape.
Single-Family Residential- 5 trees for each dwelling unit;
Multiple-Family Residential- 5 trees for each dwelling unit;
Commercial/Industrial-the greater of: one(1)tree per 1,000
square feet of gross building floor area or 10 trees.
(D) Site Ground Cover.All front, side or rear yards facing a right-
of-way shall be treated with a ground cover material
consisting of either lawn and/or natural/prairie grasses. The
ground cover must be established one year from the date of
occupancy.Undisturbed areas containing existing viable
natural vegetation that can be maintained free of foreign and
noxious plant materials shall satisfy this requirement.
(E) Building Ground Cover.A minimum five-foot strip from
building edges facing a public right-of-way must be treated
with decorative ground cover and/or foundation plantings,
except for garage/loading and pedestrian access areas.
Existing trees A r able attempt shall he made to p
many-existifig-signiffeant-trees-as-is-praetieal--anfl4e
ineerpecate-them-inte-the-site-planSignifteant-tfees-are-any
measu
re,d 5 rhes f„om the g na
Signnncant ttrees-r ed Cfeni tc he site o. se.e.el d .. ed f om
construction st be „l, ed at-a'2,i atio ,ith 2 1/_;,u.h
diameter t The.. tuber f replae nt trees the
educed by the Town Board if'substantial efft_is made to
moting tr Bible
Sit e .,ifc nt tree be e edit a nst the
required number of trees.
(F) Minimum Planting Size. The complement of trees fulfilling
the requirements of this ordinance shall be of a variety of age
New Scandia Township Development Code 11
Chapter Two❖Zoning Regulations FIRST DRAFT,Revised 9/6/06
classes. Sizes of over-and under-story trees are based on the
diameter of the tree 6 inches above the ground.
Required
Planting Material % of Tree Type Size Required
Over-story Trees 50% 2-1/2 inches
50% 1-1/2 inches
Under-story Trees 50% 1-1/2 inches
50% 1 inch
Coniferous Trees 4 feet in height
Tall Shrubs or Hedge 3 feet
Low Shrubs 5 gallon
(G) Species.The following is a list of recommended plant
materials(* trees marked with an asterisk are probably native
to the Scandia area):
Conifers Deciduous
Red Pine *Black Ash *American Plum
*White Pine *Green Ash *Canada Plum
*Jack Pine *White Ash *American Elm
Northern White Cedar * Sugar Maple *Slippery Elm
Eastern Red Cedar *Black Maple *Rock Elm
*Tamarack *Red Maple *Paper Birch
Black Spruce *Silver Maple Yellow Birch
White Spruce *Mountain Maple *Ironwood
Canadian Hemlock *Nannyberry *Blue-Beech
Balsam Fir Wahoo *Speckled Alder
Honeylocust *American Basswood
*Bitternut Hickory *Black Willow
Shagbark Hickory Peachleaf Willow
*Black Walnut *Pussy Willow
*Butternut *Bebb Willow
American Mountain Ash *Sandbar Willow
Showy Mountain Ash *Shining Willow
* Staghorn Sumac *Heartleaf Willow
*Smooth Sumac *Black Cherry
*Bur Oak *Chokecherry
*White Oak *Pin Cherry
Swamp White Oak *Balsam Poplar
Chinkapin Oak *Bigtooth Aspen
*Hackberry *Trembling Aspen
*Northern Red Oak *Eastern Cottonwood
*Black Oak *Alternate-Leaf Dogwood
*Northern Pin Oak *Downy Serviceberry
Red Mulberry *Roundleaf Serviceberry
*Hawthorn Saskatoon Serviceberry
*Prairie Crabapple
1. The complement of trees fulfilling the requirements of
this ordinance shall be not less than 25 percent
deciduous and not less than 25 percent coniferous,
unless the proposed plantings are designed to create a
natural setting and it is approved by the Town Board.
12 New Scandia Township Development Code
FIRST DRAFT,Revised 9/6/06 Chapter Two ❖Zoning Regulations
Single-family development is exempt from this
requirement.
2. No required tree shall be any of the following:
A species of the genus Ulmus(elm),except those
elms bred to be immune to Dutch Elm disease;
Box Elder;
Female Cottonwood;
A species of the genus Populous(poplar); or
Female ginko.
(H) Parking Lots/Planting Islands. All automobile parking lots
designed for fifteen or more parking spaces shall provide
landscaping areas dispersed throughout the parking lot, in
order to avoid the undesirable monotony,heat and wind
associated with large parking areas. Parking lots with less
than 15 spaces shall not be required to provide landscaping
other than yard area and buffer landscaping requirements as
specified in other sections of this ordinance.
1. Plant Materials-At least one over-story/shade tree
must be provided for each 15 parking spaces.
Ornamental trees, shrubs,hedges and other plant
materials may be used to supplement the shade trees,
but shall not be the sole contribution to such
landscaping.
2. Additional perimeter plantings may be used to satisfy
this requirement in parking facilities less than sixty
feet in width.
3. Landscaping designed to reduce stormwater runoff
from parking lots is encouraged.
(I) Slopes and Berms. Final slopes of greater than 3:1 will not be
permitted without special treatment such as terracing or
retaining walls.All berms must incorporate trees and
plantings into the design. In no situation shall berms be used
as the sole means of screening.
(J) Landscape Guarantee.All trees and plant materials that do
not survive for at least two full growing seasons must be
replaced by the landowner.
(5) Screening and Buffering.
New Scandia Township Development Code 13
Chapter Two❖Zoning Regulations FIRST DRAFT,Revised 9/6/06
(A) Screening shall be required when:
1. Any nonresidential commercial-industrial off-street
parking area contains more than four(4)parking
spaces and is within thirty(30)feet of a residential
use.
2. The driveway to a nonresidential parking area of more
than six(6)parking spaces is within fifteen(15)feet
of a residential use.
3. Where any business or industrial use(structure,
parking or storage)is adjacent to property zoned for
residential use,that business or industry shall provide
screening along the boundary of the residential
property. Screening shall also be provided where a
business,parking lot or industry is across the street
from a residential zone,but not on the side of a
business or industry considered to be the front.
4. All exterior storage in commercial/industrial areas
shall be screened. The exceptions are(1)merchandise
being displayed for sale; (2)materials and equipment
currently being used for construction on the premises;
and(3)merchandise located on service station pump
islands.
5. Any lot within an Open Space Development and not
in the Village Center area is closer than 500 feet to a
Township collector road, County collector road or
State road and does not have natural screening from
either existing topography or vegetation.
(B) Performance Standards.The screening required in this section
shall consist of earth mounds,berms or ground forms; fences
and walls; landscaping(plant materials)or landscaped
fixtures(such as timbers)used in combination or singularly
so as to block direct visual access to an object.
(6) Security.
No building permit for any construction shall be issued until a
landscape plan is approved and a security is obtained by the Township.
When screening, landscaping or other similar improvements to property
are required by this ordinance a security shall be supplied by the owner
in an amount equal to 125%of the value of such screening and
landscaping. The security shall be provided prior to the issuance of any
building permit and shall be valid for a period of time equal to two full
growing seasons after the actual date of installation of the landscaping.
In the event construction of the project is not completed within the time
prescribed by building permits and other approvals,or if the plant
14 New Scandia Township Development Code
FIRST DRAFT,Revised 9/6/06 Chapter Two❖Zoning Regulations
materials have died within two full growing seasons,the Township
may,at its option,complete the work required or replace the
landscaping at the expense of the owner and the security.
The Township may allow an extended period of time for completion of
all landscaping if the delay is due to conditions that are reasonably
beyond the control of the developer. Extensions may be granted by the
Zoning Administrator for a period not to exceed nine months,due to
seasonal or weather conditions. When an extension is granted,the
Township shall require such additional security as it deems appropriate.
New Scandia Township Development Code 15
Chapter Two❖Zoning Regulations FIRST DRAFT,Revised 9/6/06
SECTION 12. OPEN SPACE DEVELOPMENT
Part Three:Draft Amendments 12.4 Application
Zoning Regulations, Section 12, (4) In addition to those submittal requirements stated in Chapter One,
Open Space Development Section 7,the following items shall be submitted as part of the
conditional use permit application for open space development:
(A) Resource Inventory.
The plan for an Open Space Design Development shall
include a resource inventory,to include the following,
mapped at a scale of no less than one inch: 100 feet.
1. Topographic contours at I-02-foot intervals,showing
rock outcrops and slopes of more than 15 percent.
2. Soil type locations and identification of soil type
characteristics such as agricultural capability,depth to
bedrock, and suitability for wastewater disposal
systems.
3. Hydrologic characteristics, including surface water
bodies, floodplains,wetlands,natural swales and
drainageways.
Significant woodland/forest and stal-alenesignificant
treeswith aliper of tha„ 1 8 : chesper the
standards of Section 9.11, Woodland/Forest
Preservation Plan,of this Chapter. Vegetative types
shall b 1 ifed a rally deciduous r ..if
and „dition.
4.
5. Vegetation of the site, in addition to significant
woodland/forest areas and significant trees, according
to general cover type(prairie, row crops, shrubland,
etc.)Vegetative types shall be described by plant
community, relative age and condition.
6. Current land use '1 ' a er(cultivated
,all buildings,and-structures and
impervious surfaces on the land,and all
encumbrances, such as easements or covenants.
16 New Scandia Township Development Code
FIRST DRAFT,Revised 9/6/06 Chapter Two❖Zoning Regulations
•
7. Visual resources, showing views onto the tract from
surrounding roads and public areas, as well as views
within the tract.
8. Cultural resources: brief description of historic
character of buildings and structures,historically
important landscapes, and archeological features.
9. Context: general outlines of existing buildings, land
use, and natural features such as water bodies or
wooded areas,roads and property boundaries within
500 feet of the tract.This information may be
presented on an aerial photograph at a scale of no less
than 1 inch: 400 feet.
Part Three:Draft Amendments 12.10 Open Space Development Performance Standards
Continued...
Zoning Regulations, Section 12, (5) Street Standards.
Open Space Development
(B) Street Design Standards:
4. Shade trees shall be planted on both sides of the street
or placed in clusters at the same ratio according to
Section 9.1 1(1)(B).12(4)(C).
New Scandia Township Development Code 17
Chapter Two❖Zoning Regulations FIRST DRAFT,Revised 9/6/06
•
SECTION 6. PLATTING PROCEDURES
Part Four:Draft Amendments 6.1. Concept Review
Zoning Regulations, Section 6,
Platting Procedures (1) In order to ensure that all applicants are informed of the procedural
requirements and minimum standards of this Chapter, and the
requirements or limitations imposed by other Township regulations
prior to the development of a preliminary plat,the subdivider shall
meet with the Planning Commission.
(2) At least eleven(11)days prior to the regularly scheduled meeting of the
Planning Commission,the owner shall prepare and submit the required
number of copies of a concept plan containing the following
information:
(A) Tract boundaries and approximate dimensions.
(B) Resource Inventory that includes:
1. Topographic contours at 2-foot intervals, showing
rock outcrops and slopes of more than 15 percent.
2. Soil type locations and identification of soil type
characteristics such as agricultural capability,depth to
bedrock,and suitability for wastewater disposal
systems.
3. Hydrologic characteristics, including surface water
bodies,floodplains,wetlands,natural swales and
drainageways.
4. Significant woodland/forest and significant trees per
the standards of Section 9.11,Woodland/Forest
Preservation Plan,Chapter 2.
5. Vegetation of the site,in addition to significant
woodland/forest areas and significant trees,according
to general cover type(prairie,row crops, shrubland,
etc.)Vegetative types shall be described by plant
community,relative age and condition.
6. Current land use,all buildings, structures and
impervious surfaces on the land, and all
encumbrances, such as easements or covenants.
7. Visual resources, showing views onto the tract from
surrounding roads and public areas,as well as views
within the tract.
18 New Scandia Township Development Code
FIRST DRAFT,Revised 9/6/06 Chapter Two❖Zoning Regulations
8. Cultural resources: brief description of historic
character of buildings and structures,historically
important landscapes, and archeological features.
9. Context: general outlines of existing buildings, land
use, and natural features such as water bodies or
wooded areas,roads and property boundaries within
500 feet of the tract. This information may be
presented on an aerial photograph at a scale of no less
than 1 inch: 400 feet.
1 Hydrol.,.';,. ..h racteristics cl,,, ing s,,.-f ce. ,ester bodies
ll edi lairs etlands natural s .ales and
drainageways.
'1 Context• g r..l outlines„f exist;r,. buildings 1..n ,
of the tract. This information may be presented on an
aerial photograph at a scale of no less than 1 inch: 200
feet.
(C) Proposed general street and lot layout with lot sizes of
individual parcels designated.
(D) General location of proposed public and private open space
areas.
(E) Current zoning of the property.
(F) An explanation of the proposed subdivision and its purpose.
(3) The Planning Commission shall review the sketch plan with the
subdivider and provide comments on the concept plan. The Planning
Commission will take no formal or informal action at this stage of
review and discussion that occurs at this meeting cannot be construed
as approval or denial of the proposed plat.
(4) Applicant shall also obtain concept approval from the Washington
County Department of Land Management prior to submission of the
preliminary plat.
New Scandia Township Development Code 19
Chapter Two❖Zoning Regulations FIRST DRAFT,Revised 9/6/06
(4)
Part Four:Draft Amendments 7. Preliminary and Final Plat Requirements
Zoning Regulations, Section 6,
Platting Procedures (3) Subdivision Design Features.
(A) Layout of proposed streets showing right-of-way widths and
proposed names of streets. The name of any street shall
conform to the Washington County Uniform Street Naming
and Property Numbering System as applicable.
(B) Locations and widths of proposed alleys,pedestrian ways and
utility easements.
(C) Lot and block numbers,preliminary dimensions of lots and
blocks and area of each lot.The buildable area of each lot,
excluding slopes over twenty-five percent(25%),required
setbacks and drainage easements shall be noted.The
proposed building pad shall also be noted.
(D) Proposed front, side and rear building setbacks as well as
setbacks from water bodies.
(E) Location and size of proposed sanitary sewer lines and water
mains or proposed township sewer and water systems.
(F) Gradients of proposed streets and sewer lines. Plans and
profiles showing locations and typical cross-sections of street
pavement including curbs, gutters, sidewalks, drainage
easements, servitude right-of-ways,manholes and catch
basins.
(G) Areas(other than streets, alleys,pedestrian ways and utility
easements)intended to be dedicated or reserved for public
use including the size of such area(s)in acres.
(H) Grading and drainage plan for entire subdivision. If any fill or
excavation is proposed in a wetland or lake, approval may be
required from the Minnesota Department of Natural
Resources,Army Corps of Engineers, Local Governmental
Unit and/or Watershed Management Organization.
(I) Erosion and sediment control plan.
(J) Woodland/Forest Preservation Plan.
(K) Landscape Plan.
20 New Scandia Township Development Code
Third Draft
Dated:May 31, 2006
DRAFT
NEW SCANDIA TOWNSHIP
ORDINANCE NO. 88
AN ORDINANCE AMENDING CERTAIN SECTIONS OF ORDINANCE NO. 74
PERTAINING TO THE ZONING AND SUBDIVISION REGULATIONS
OF THE TOWN
The Town Board of New Scandia Township, Washington County, Minnesota
hereby ordains that:
Section 1. Section 12.2. Definitions (4) Historic Building and Structure is
hereby amended as follows:
(4) Historic Building and Structure: A structure which has been identified by
the Washington County History Network Inventory or the State Historic
Preservation Office and other undesignated structures such as residences
and barns having public value due to the notable architectural or historic
features relating to the cultural heritage of the County and the Town.
Section 2. Section 12.9(3)Base Density is hereby amended as follows:
(3) Bonus Density.
An open space subdivision that provides the minimum open space for the
zoning district and other requirements of Chapter Two, 12.1 shall receive
a 25%bonus.
The number of density units determined in (2) above may be increased by
the percentage indicated if the development complies with one or a
combination of the following standards. The maximum bonus permitted in
the "AG" District is 100%; in the "SR" District, 25%. No bonus is
permitted in the "SFE" District. Determination of actual bonus densities
shall be based upon findings of the Town Planning Commission and
decision of the Town Board.
(A) Providing affordable housing, to include a
minimum of 25 percent of all units that would be
affordable to moderate-income households, as
defined by the Metropolitan Council. (In 2006,
affordable housing was defined as$201,800 or less) 5 %
1
Third Draft
Dated:May 31, 2006
(B) Preservation of historic features and historic
buildings and structures, including but not limited to
identified as those sites inventoried by the
Washington County History Network and the State
Historic Preservation Office and other undesignated
structures such as residences and barns having
public value due to the notable architectural or
historic features relating to the cultural heritage of
the County and the Town. 10 %
(C) Orientation of at least 75% of the lots around one
clearly defined central focal point such as one or
more of the following:
1. A central green or square.
2. A physical amenity such as a meadow, a stand
of trees, a stream or other water body, or some
other natural feature. 15 %
-(D) A street designed with boulevards planted with
shade trees and with a central "parkway" or median,
at least 25 feet wide. 5 %
(E) Utilization of a community sewage disposal system. 10 %
(F) Utilization of a community water system. 4-3-15 %
(G) Preservation of mature or establishment of
woodlands and forests tree plantation:,-as identified
by the Minnesota Land Cover Classification
System. 4-210 %
(H) Preservation of agricultural lands (areas currently
used for agriculture) with prime soils as identified
by the Metropolitan Council's Digital Atlas. and
preservation of high quality agricultural soils as
identified on soils surveys and through crop yield
data. 10 %
(I) Protection of ecologically sensitive features such as
rare plant communities, wetlands, historic trees,
andor slopes of 12% or greater. These areas are
defined as those identified as such by the Minnesota
DNR's Metro Area Ecological Assessment. 1210 %
(J) Preservation of native plants and animal habitat as
identified by the Minnesota County Biological
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Third Draft
Dated:May 31, 2006
Survey and areas within the DNR-designated
habitat corridors. 910 %
(K) Preservation of priority scenic views as identified
by the Township, especially as viewed from public
roads and property. 10 %
(L) Creating open space that is contiguous to existing
designated open space or part of proposes potential
open space defined as areas sharing a boundary
with parks, public lands, planned parks and trails,
and areas under conservation easement. 10 %
(M) Preservation of natural drainage systems through
the use of Best Management Practices for
stormwater management including but not limited
to raingardens, rainbarrels, swales, and infiltration
trenches. 910 % I
(N) Restoring native habitat appropriate to the site as
recommended by the Township's ecologist based on
the ecologist's field analysis. 10 %
(0) Implementing open space stewardship practices as
recommended by the Township's ecologist based on
the ecologist's field analysis. 10 %
Section 3. Section 12.10(2)(H) is hereby deleted.
Section 4. The words in the left hand column adjacent to 12.10(2)(H) "The
"focal point" insures that the central feature of the development is always either a natural
feature or"designed"open space such as a green or parkway" are hereby deleted.
Passed and adopted by the Town Board of New Scandia Township this day of
,2006.
ATTEST: Dennis D. Seefeldt, Chairman
Brenda Eklund,Town Clerk
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Section 8. Section 9.13(1) of Chapter Two of the Development Code of the
Town is hereby amended as follows:
(1) No building exterior shall be constructed of sheet steel, sheet iron, sheet
aluminum, corrugated aluminum or plain, flat, unpainted concrete block
(walls or roofs), except on parcels greater than five (5) acres. Accessory
buildings on parcels less than 20.0 acres in size must provide a minimum
one-foot overhang on all sides of the building with finished soffits, except
when the building is accessory to a principal residential home constructed
with no or minimal overhang in which case the overhang of the accessory
building shall match the overhang of the residential building. All accessory
buildings shall resemble, in style, materials, color, roofline, and siding type,
the principal building on the lot, except the following building types may
vary from this standard:
(A) Accessory buildings on parcels of more than twenty (20) acres in
size and located in the "A" Agricultural and "AP" Agricultural
Preserve zoning districts;
(B) Accessory buildings 120 sq. ft. or less in size;
(C) Greenhouses;
(D) Gazebos and decorative shelters;
(F) Historic buildings;
(G) Buildings, constructed as part of a Planned Unit Development,
which are subject to an overall site plan prepared by a registered
architect.
Section 9. Section 9.1(1) of Chapter Three of the Development Code of the
Town is hereby amended as follows:
(1) In all developments, the owner of a subdivision shall, as prerequisite to
approval of a plat or minor subdivision, convey to the Township, or dedicate
to the public use, 7 percent of such land for the public use as parks,
playgrounds, trails or open space or shall pay, in lieu thereof, an $1,500.00
per lot cash contribution to the Township, or a combination of land and cash
dedication at the Township's discretion. The required dedication shall be
made prior to the Township's release of the final plat for filing.
Unimproved parcels of record existing prior to the adoption of this
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08/03/2006 13:17 6514648664 HWH LAW FIRM PAGE 02/02
NEW SCANDIA TOWNSHIP
ORDINANCE NO. 89
AN Q17pIyVANCE S.IVIENDLNG SECTION 112 OF �O HE STiIbRE1..e,1VD OVERLAY DISTRICTOFAPTER 2 OF THE DEVELOPMENT CODE
NEW SCANDIA TOWNSHIP ANDPERTAINING
The Town Board of New Scandia Township, Washington County, Minnesota hereby
ordains:
Section 11.2(2)is hereby deleted from Section 11.2,Shorcland Overlay District.
Passed and adopted by the Town Board of New Scandia Township this day of
, 2006.
Dennis D. See£eldt, Chairman
ATTEST:
Brenda Eklund, Acting Clerk
09iO3!2006 13:19 6514648664
HWH LAW FIRM PAGE 01/01
Effective 6/1/99
Chapter Two•:* Zoning Regulations • MINNmom
SECTION 11. OVERLAY DISTRICTS
11.1. Lower St Croix River Bluffland Overlay District
Properties and uses within this district are regulated in accordance
with Chapter Five of the Washington County Development Code
with the following exception:
•
Lots must meet the density and lot requirements of the
Agriculture District(AG).
11.2. Shoreland Overlay District
Properties and uses within this district are regulated in accordance
with Chapter Six of the Washington County Development Code-
• Shoreland Management with the following exceptions:
(1) Unsewered Lakes.Newly created lots on unsewered
Recreational Development lakes in New Recreational Development lakes and on Goose Lake shall
Scandia Township are Big Marine Lake, have a minimum lot size of 2'/2 acres and a minimum lot
Bone Lake and Sylvan Lake. width of 150 feet for the first tier of lots.Newly created
lots on Natural Environment lakes,except Goose Lake,
Natural Environment lakes in New shall have a minimum lot size of five (5) acres and a
Scandia Township are Sea Lake, minimum lot width of 300 feet for the first tier of lots.
Nielson Lake, German Lake, Goose Further residential development within the designated
Lake, Fish Lake, Hay Lake, Sand Lake, 1000 feet of the Shoreland zoning district shall conform to
Long Lake and White Rock Lake. the general density standards for the area as designated in
the Comprehensive Plan and underlying base zoning
district.
(2) Cluster Developments/Open Space Design Subdivisions.
Cluster Developments/Open Space Design Subdivisions
are not permitted within the Shoreland Overlay District
SECTION 12. OPEN SPA C.E DEVELOPMENT
12.1. Purpose and Scope
OSD Development is designed to "OSD"Development is established to encourage development of
preserve open space and rural character rural housing clusters that meet the following purposes:
while creating compact neighborhoods
that have a strong visual and physical (1) Provide efficient use of the land while maintaining
access to the open space. This method of contiguous blocks of economically viable agricultural
development uses the size and shape of land,mature woodlands, and open space,and preserving
the open space as the central organizing historical features, scenic views,natural drainage systems
element, rearranging the density on and other desirable features of the natural environment_
each parcel so that less land is cleared,
graded, and turned into driveways, (2) Allow housing to be concentrated on sites that have lore
streets, lawns and houses. agricultural potential and/or high natural housing appeal.
Aimmr•
104 New Seandia Township Development Code
New Scandia Township
Minutes of Town Board/Planning Commission Workshop Meeting
Wednesday,September 13,2006
The meeting was called to order by Planning Commission Vice Chair Jim Malmquist at 7:00 p.m.
Present were Planning Commissioners Peter Schwarz,Donnette Yehle, and Kevin Nickelson;
Town Board Chairman Dennis Seefeldt, Supervisors Michael Hinz, Michael Harnetty, Blair
Joselyn and Nancy Madden. Planning Commission Chair Chris Ness was absent. Also present
were: Rural Landscape Preservation Committee member Curt Hadland;Park and Recreation
Committee member Karen Schik; Township Attorney David Hebert; Township Administrator
Anne Hurlburt;Planner Berry Farrington and Planner Richard Thompson,TKDA.
Open Space Design Ordinance
Planner Thompson distributed a revised draft of ordinance#88,which would modify the
requirements for Open Space Developments. A memo prepared by Board Member Joslyn in
January, 2006 was reviewed and discussed.
The group discussed the need for a meeting to review the concept before submitting plans to the
Planning Commission, and who should be in attendance. The experts advising the Township
(such as the ecologist and planner)need to be involved in the pre-concept meeting. The purposed
of the meeting is to give the Commission and Board better, more objective information earlier in
the development process. The most important values to protect, for the residents and the
community,need to be identified. The rights of the property owner also need to be considered.
Not all experts may agree, and their advice is one factor in making decisions on the development.
The proposed percentages of the various bonuses were reviewed, and were determined to be
consistent with what was previously reviewed by the group. Thompson will draft all the changes
in ordinance format for review at the next meeting. He will also compare the new criteria with
recently approved developments.
Tree Preservation Ordinance
Planner Farrington reviewed her report and draft ordinance language,which was based on the
City of Forrest Lake's ordinance, suggestions from the Rural Landscape Preservation Committee
and from discussion at the previous workshop meetings. Changes suggested were: list trees by
genus and species;clarify how forests and woodlands are defined; encourage replacement with
native species; lower the size of red maples considered"significant", as they provide fall color;
define"project closure"and how long guarantees must be held; and develop options for cash
payments if all trees cannot be replace on site. Issues for administration of the ordinance were
discussed. After discussion on whether the ordinance should apply to any existing lots,the
direction was to rewrite the ordinance to apply only to new developments and any projects
requiring landscape plans.
Siding and Color Requirements for Accessory Structures
Section 9.13(1)of Chapter Two of the Development Code does not allow metal sided buildings
on parcels smaller than 5 acres. Further,this section provides that"All accessory buildings shall
resemble, in style,materials, color, roofline, and siding type,the principal building on the lot",
with some exceptions. The consensus of the discussion was that it should be changed from 5 to 4
acres,to reflect that many"nominal" 5-acre parcels are less than 5 acres. The requirement that
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the accessory building resemble the principal building should apply only to parcels less than 4
acres. An ordinance making this change will be drafted for the next meeting.
Amendment to Chapter 2, Section 11.2 relating to the Shoreland Overlay District
Attorney Hebert explained that the current ordinance would not allow open space developments,
even though one had recently been approved. There was discussion that they should be
acceptable if part of a Planned Unit Development.
Planning Commission Schwarz commented that the Development Code would be more usable if
the page numbers included a reference to the relevant chapter. The planners will investigate this
suggestion.
Next Meeting
The next meeting to discuss ordinance changes will be on Wednesday,October 11,2006 at 7:00
p.m.
The meeting adjourned at 9:10 p.m.
Respectfully submitted,
Anne Hurlburt
Administrator
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