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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 TitleBar Page 1 of 1 ;fig r4 l b t y Home Comments r,. 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 2 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 3 e7 „ jA/� , /- 3'°6 i . /ar hf 0/40mend ff1'U aztrKR..1 J 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 3 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 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