10-11-2006 Workshop AGENDA
NEW SCANDIA TOWNSHIP WORKSHOP MEETING
OCTOBER 11, 2006
7:00 P.M.
1. Call to Order by Planning Commission Chair Chris Ness
2. Review Revised Draft of Woodland and Tree Preservation Ordinance, Section
9.11 of Chapter 2 of the Development Code (Berry Farrington&Richard
Thompson, TKDA)
3. Review Draft Ordinance Amending Section 9.13 (1) of Chapter 2 of the
Development Code re: Design of Accessory Structures (Dave Hebert, Town
Attorney)
4. Review Draft Ordinance Amending Section 11.2 (2) of Chapter 2 of the
Development Code re: Cluster Developments/Open Space Design
Subdivision in the Shoreland Overlay District(Dave Hebert, Town Attorney)
5. Additions to the Agenda
6. Adjournment
AGENDA
NEW SCANDIA TOWNSHIP WORKSHOP MEETING
OCTOBER 11,2006
7:00 P.M.
1. Call to Order by Planning Commission Chair Chris Ness
2. Review Revised Draft of Woodland and Tree Preservation Ordinance, Section
9.11 of Chapter 2 of the Development Code (Berry Farrington& Richard
Thompson, TKDA)
3. Review Draft Ordinance Amending Section 9.13 (1) of Chapter 2 of the
Development Code re: Design of Accessory Structures (Dave Hebert, Town
Attorney)
4. Review Draft Ordinance Amending Section 11.2 (2) of Chapter 2 of the
Development Code re: Cluster Developments/Open Space Design
Subdivision in the Shoreland Overlay District(Dave Hebert, Town Attorney)
5. Additions to the Agenda
6. Adjournment
SECOND DRAFT,Revised 10/5/06 Chapter Two•:•Zoning Regulations
SECTION 9. DEVELOPMENT STANDARDS
9.11. Woodland and Tree Preservation
(1) Purpose.
The preservation and protection of trees,and woodlands,can 1...--{Deleted:,
significantly add to the quality of the physical environment of the {Deleted:and forests
community.The Township recognizes the value of treek and woodlands
for improving air quality,scenic beauty,protection against wind and - {Deleted:,
water erosion,shade,natural insulation for energy conservation, {Deleted:and forests
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 a.'roved Woodlan. Preservation Plan under .--{Deleted:/Forest
this section. ffilttr21MArtli + 4 " - {Formatted:Highlight
iri3ri a .. u � a •
(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,building1 construction,or an other construction
activity. " iriOltide �r _ _ {Formatted:Highlight
(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) ,Hardwood Deciduous Tree:Includes ironwood,oak„walnut, 1- - Deleted:<#>Forest:Trees with their
ash,hickory,birch,black cherry,hackberry,locust,and crowns overlapping as identified by the
Minnesota Land Cover Classification
basswood. System(MLCCS).¶
t Formatted:Bullets and Numbering
[Deleted:sugar maple,
New Scandia Township Development Code 1
4.
Chapter Two+Zoning Regulations f Deleted:FIRST
SECOND DRAFT,Revised�0/ /06 l --I
-{Deleted:9
CD —)
(H) 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(Rhamnus frangula),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).
(I) 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 Deleted:standing outside of a
woodland/forest,
a separate tree. — -—— i
Formatted:Highlight
(J) Significant Tree:A healthytree easurin a minimum of six Deleted twer, {za)
>� Jn P
(6)caliper inches for all hardwood deciduous trees,a ▪ Deleted /Forest,Areas ti
- 1,vm '__ - _ caliper inches for all p ,. d e d fet¢
softwood deciduous trees,or a minimum of twelve(12)feet .•ici. 4 1
in height for all coniferous trees. z ..
,. J
nt Wood( least l 1)t Formatted:Highlight
f . :a AiOxewhic lures 11 -- Formatted:Highlight
(L) Softwood Deciduous Trees:Includespoplars/aspen,�willow, -- {Deleted:catalpa cottonwood
silver maple,red maple and elm. - {Deleted:box-elder, )
Deleted:¶
( )3 Applicability. Woodland:Open stands of trees with 1
APP `I crowns not usually touching,as identified
by the Minnesota Land Cover
e� � beRqUii
w=- v. Classification System(MLCCS)
Deleted:Woodland/Forest Preservation i
thi xrisv i s Plat' 1 F Lant 3r s Plan.
t "� ,sto Deleted:GeneesIlSub mission
patents, 1
. Minor Subdivt i).,sae 10iiliogi, � s F ',,(Deleted:/F'oiest
gligit**:,''' dk :Aist on site. (Deleted:submitted 1
s•_�� �,aridscape Ply hire scc ,12. Formatted Highlight
. r r �Deleted `
this Chapter when vittts ortttt
woodlands,exist obi -_-_
• Formatted:Highlight )
(B) A Woodland Preservation Plan shall not be required for: ", Formatted:Bullets and Numbering )
(Formatted:Highlight )
1. Removal of Diseased Trees.All diseased,hazardous, '', ^.,'',f Formatted:Highlight
dead and dying trees may be removed. ` Deleted:- )
2. Invasive tree species.Invasive tree species may be Deleted: Any Minor
%removed,and are encouraged to be removed and sgntoresttress ore •
� £ates(.�jusftrns i
chemically treated with appropriate herbicides and Formatted:Style3
application methods to discourage re-sprouting. Formatted:Style4
2 New Scandia Township Development Code
SECOND DRAFT,Revised 10/5/06 Chapter Two❖Zoning Regulations
Deleted:Any project for which a
(C) Woodland Preservation,Jlan Requirements. Washington County Grading Permit is
required and when significant trees or
significant woodland/forest exist on site;¶
1. All Woodlancl.Preservation Plankshall be certified by <#>Any project for which a Building
` ° Permit is required and when significant
a forester,ecologists or other
trees or significant woodland/forest exist
qualified professional retained by the Applicant. on site.il
' {Deleted:/Forest
2. The Wciodlanct Preservation Plan shall include the r
Deleted:,with the exception of
following information: , individual single-family residential lots
a. Boundary lines of the property with accurate 5,[Formatted:Highlight_
dimensions. Deleted:All Applicants shall submit a 1
Woodland/Forest Preservation Plan
prepared in accordance with the
b. Location of existing and proposed buildings, provisions of this Chapter. j
structures,parking lots,roads,impervious (Deleted:/Forest
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,area in ]__.--{Deleted:/forest 1,
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,and common _
name„€or all areas of the site identified in both -- -- Deleted:, 1
graphic and tabular form. Deleted:and condition(diseased or 1
dying) j
f. Location of significant trees and significant
woodland proposed to be removed within the ]_..--{Deleted:/forest
construction zone,identified in both graphic
and tabular form.
g. Measures to protect significant trees and
significant woodland,as required by Section Deleted:/forest
9.11(7), _ ----{Deleted:; ,
h. Size,scientific name,common name,and
location of all replacement trees proposed to be
planted on the property to replace significant
trees and/or significant woodland proposed to _ ---{Deleted:/forest __
be removed* _ -----{Deleted:;
i. The name(s),telephone number(s),and
address(es)of Applicants,property owners, .{Deleted:;and
developers,and/or builders
- j. Signature and qualifications of the person
preparing the plan.
New Scandia Township Development Code 3
4
f Deleted:FIRST 1
Chapter Two❖Zoning Regulations ♦SECOND DRAFT;Revised 0%5/06 l —_�
{Deleted:9
Deleted:6
(4) Replacement Provisions.
All significant trees and significantpoodlands removed shall be (Deleted:woodlands/forests 1
replaced.
(A) Significant Tree Replacement.
a s man�� :a :',F, a s --{Formatted:Highlight �
V cant as determined by the: '- : : a
lera t .� -or C,.or'some coins,:- s s ,;:i r ;: Y s'V ,f rmatted:Highlight —
:tha l
{Formatted
i
"' ule ,{Formatted Table _J
,{Formatted:Highlight i
iSize of Tree Damaged or Number of Replacement Trees ,{Formatted:Highlight
Destroyed
A Deleted. .. ..Sad•
,peeiduoo trees t. Deciduous'ttees of i,ecFd ious tr s, Formatted:Font:8 pt,Bold,
A
lea tst 4 eali'aer rnehe"ef- - Z. �.feastz 5 s c�-i fmat'I.S eagttenlatdt H. I
i hli ght
Y>unrferuns i�r�s of t�oarriEt� C'sinil'erans e ms,,_g
least 12 feet in"heieh least„ least 4'.teet ia7,t i` ' Formatted:Font:8 pt,Bold, -
Coniferous,12 to 24 feet high 1 2 4 . Highlight _—_J
Coniferous,greater than 2 4 8 Formatted:Font:8 pt,Bold, 1
24 feet in height Highlight _—J
Hardwood Deciduous, 1 2 4 1"
6 to 20 inches diameter Formatted:Font:8 pt,Bold,
Hardwood Deciduous,greater 2 4 8 Highlight
than 20 inches in diameter Formatted:Font:8 pt,Bold, 1
Softwood Deciduous, 1 2 4 Highlight
20 to 30 inches diameter
Softwood Deciduous,greater 2 4 S ,, Highlight
Fo d:Font:8 pt,Bold,
than 30 inches diameter ---
Formatted:Font:8 pt,Bold,
Highlight
.Gltlilt.lY.nit.rit'PIM ?nit e event that istiff♦ • I Deleted' ,'aflatl i
land area on the subdivision or commercial lt'itth {Deleted: ;
'ailable to plant the replacement trees,as deterin i ‘{Formatted:Style4
the,Towi slhip lac„'„i ��ant shall„,gi'civide to the ;{Formatted.Highlight �J
l i o tt.ltip payment for the lantine of trees elsewhere ,{Deleted
at,a1104
erate of ' 0 t,tree.. /rt
{Deleted:/forest � T_T_J
(B) ant +' . n: eplaeement, (; Formatted:Highlight _
Formatted:Space Before: 6 pt
For every 125 square feet of significant woodlandf,damaged Formatted:Space Before: 6 pt,
or destroyed,or increment thereof,the Applicant shall be ; Bulleted+Level:2+Aligned at:
responsible for furnishing and installing: ; 3.3"+Tab after: 3.75"+Indent at: 1
ff 3.75"
z + e(1)d sL i v i si',ot Deleted ..
eirie(°l jel e : "l
;,,, Formatted:Space Before: 6 pt, i
a.. _. TWO(2 ,' i After: 0 pt,Bulleted+Level:2+
or.t v?' c rt tt r ,' Aligned at: 3.3"+Tab after: 3.75" ,
+Indent at: 3.75"
t eeidtioit4 trees of at least 1 5 t,alt r`i c1 ~- Formatted:Highlight
coniferous trees at.le t t§t llf
- 1 Deleted: Greplacep I
4 New Scandia Township Development Code
SECOND DRAFT,Revised 10/5/06 Chapter Two❖Zoning Regulations
Deleted:Trees planted to replace
•
(C) Species Requirement. • significant woodland/forest must be
arranged in stands to provide a habitat
similar to the damaged or destroyed
1. The Township may require that the replacement .i habitat.The same species,or a species
species is identical to the removed species, approved by the Township,must be
planted to re-create the significant
woodland/forest habitat that was lost.¶
2. Where ten(10)or more replacement trees are Deleted:<#>Size of Replacement
required,not more than fifty(50)percent of the Trees.¶
replacement trees shall be of the same species of tree 1,1 Required replacement trees are defined as
without the approval of the Township. Category A,Category B,and Category C.¶
PP P <#>Category A trees shall be no less than
the following sizes:¶
3. Trees planted to replace significant woodland must be <#>Deciduous trees,not less than four(4)
caliper inches.¶
arranged in stands to provide a habitat similar to the <#>Coniferous trees,not less than twelve
damaged or destroyed habitat. (12)feet in height¶
<#>Category B trees shall be no less than
the following sizes:¶
(D) Warranty Requirement. '' <#>Deciduous trees,not less than two
and one-half(2A)caliper inches.¶
<#>Coniferous trees,not less than six(6)
Any replacement tree which is not alive or healthy,as feet in height.¶
determined by the Township,or which subsequent! dies due <#>Category C trees shall be no less than
to construction activity •
the following sizes:¶
<#>Deciduous trees,not less than one
shall be removed by the Applicant and replaced and one-half(1%:)caliper inches.¶
with a new healthy tree meeting the same minimum size <#>Coniferous trees,not less than four
requirements within eight(8)months of removal. 11 : (4)feet in height.¶
!'y Deleted:
(E) Landscaping Requirements. .Formatted:Outline numbered+
Level:3+Numbering Style:A,B,C,
The planting of trees for mitigation shall be in addition to any +Start at:t+Alignment:Left+
Aligned at: 2.85"+Tab after: 3.3"
other landscape requirements of the Township. ; +indent at: 3.3"
Formatted:Style4,Indent:Left: 0
(F) Shoreland Overlay District. '1 "
Deleted:¶
Trees and woodlands within the Shoreland Overlay District ;,', Formatted:Bullets and Numbering
are subject to the requirements stated in Section 11.2,in Formatted:Highlight
addition to the regulations of this Section. I r Deleted
.' lam
(5) Required Protective Measures. st Deleted:/forest
The following measures shall be utilized to protect significant trees and ,-{Deleted:/forest 3
significant woodlands 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 woodlands to be preserved.No grade _I,..- Deleted:/forest
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.
New Scandia Township Development Code 5
Chapter Two Jl0/
Zoning Regulations *SECOND DRAFT,Revised - {Deleted°FIRST _ J
{Deleted:9
Deleted:6
(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/or significant woodland that are intended to be _ "---{Deleted:/forest
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.
(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 Woodlanc4Preservation Plan shall be reviewed by the Township to "--{Deleted:/Forest
assess the best possible layout to preserve significant trees and ____
significant woodland and to enhance the efforts to minimize damage to -"--- Deleted:/forest
significant trees and woodland,The Applicant shall meet with the Deleted:/forest
Township Planner prior to submission of the Preliminary Plat.or Deleted:,Building Permit request,
Planning Request Application to determine the most feasible and grading Permit request,
practical placement of buildings,parking,driveways,streets,storage,
and other physical features in order that the fewest significant trees and , Deleted:d/forest —�
significant woodlan are destroyed or damaged, Deleted: Once a plan is approved by
the Township,the plan shall be
(8) Compliance with the Plan. recognized as the approved i
Woodland/Forest Preservation Plan.
(A) Implementation of the Plan.
The Applicant shall implement the WoodlandPreservation _-___ {Deleted:/Forest
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 shall be removed until a Woodland, =__ -- Deleted:/forest
Preservation Plan is approved Deleted:/Forest
(B) Performance Guarantee. Deleted: and accepted in accordance j
with the approved Woodland/Forest
Preservation Plan
The Applicant shall provide the required performance
6 New Scandia Township Development Code
SECOND DRAFT,Revised 10/5/06 Chapter Two•Zoning Regulations
guarantee following preliminary approval of the Woodland__ __I__---{Deleted:/Forest 3
Preservation Plan and prior to any construction and/or
grading., - Deleted:No performance guarantee 1
shall be required for Applicants for
The amount of the performance guarantee to be submitted, building permitsadditionsddi of single-family accessory
residential and acso
specific to the Woodlandpreservation fulfillments,shall be _J structures. _�J
calculated as follows: {Deleted:/Forest
1. An amount to guarantee preservation of all trees
identified by the approved WoodlandPreservation f --- {Deleted:/Forest
Plan to.be preserved within the 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 significant woodland,to _� --{Deleted:/forest 1
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 Preservation Plan was followed and that ----{Deleted:/Forest
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.
,.{Deleted:¶
(C) Noncompliance.Jf a significant tree or significant woodland �I;;;--{Deleted:/forest
that was intended to be preserved is removed without {Formatted:Bullets and Numbering
permission of the Township,or damaged so that it is in a state
Deleted:/forest
of decline within one(1)year from date of project closure,
the cash performance guarantee,$75.00 per caliper inch of Deleted:/Forest
significant tree or$1.50 per square foot of significant (Deleted:/Forest
woodland,shall be remitted to the Township.The Township 4 ;';, Deleted:¶
shall have the right to inspect the development and/or - <#>Permitted Tree Removals.
building site in order to determine compliance with the Removal of Existing Significant Trees.
approved WoodlandPreservation Plan.The Township shall The Township allows removal of
determine whether compliance with the Woodland, significant trees without replacement if
removal is below the following
Preservation Plan has been met, thresholds.¶
<#>Removal of Diseased Trees.All
diseased,hazardous,dead and dying trees
may be removed.¶
<#>lnvasive 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.¶
<#>Up to ten(10)percent of significant
trees may be removed from existing
parcels with existing structures.¶
After tree removal the parcel must still
meet the minimum requirements of the
landscape section of this Chapter.
New Scandia Township Development Code 7
NEW SCANDIA TOWNSHIP
ORDINANCE NO. XX
AN ORDINANCE AMENDING SECTION 11.2 OF CHAPTER 2 OF THE DEVELOPMENT CODE OF
NEW SCANDIA TOWNSHIP AND PERTAINING TO THE SHORELAND OVERLAY DISTRICT
The Town Board of New Scandia Township, Washington County, Minnesota hereby
ordains:
Section 11.2 (2) of Chapter 2 of the Development Code of New Scandia Township is
hereby amended as follows:
11.2 (2) Cluster Developments / Open Space Design Subdivisions. Cluster
Developments/Open Space Design Subdivisions are not permitted within the
Shoreland Overlay District except with a Planned Unit Development Permit.
Passed and adopted by the Town Board of New Scandia Township this day of
, 2006.
Dennis D. Seefeldt, Chairman
ATTEST:
Anne Hurlburt, Clerk
1
CERTIFICATION
STATE OF MINNESOTA )
) SS.
COUNTY OF WASHINGTON )
I, the undersigned, being the duly qualified and acting Clerk of New Scandia Township,
do hereby certify that I have carefully compared the foregoing attached Ordinance No. of
the Town of New Scandia with the original on file in my office and the same is a full, true and
complete transcript thereof
Witness my hand as such Town Clerk and the corporate seal of the Town of New
Scandia, Washington County, Minnesota this day of , 2006.
Dolores Peterson
Town Clerk
New Scandia Township