Ordinance 204• CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 204
AN ORDINANCE AMENDING CHAPTERS 18 AND 20 OF THE
CHANHASSEN CITY CODE CONCERNING TREES AND LANDSCAPING
The City Council of the City of Chanhassen ordains:
Section 1. Subdivisions: Section 18.61(a)(1) is amended to add the following tree species:
Primary Specimen Deciduous Trees Common Name
Carya ovata Shagbark Hickory
Juglans nigra Black Walnut
Quercus rubra Oak, Red
Robinia pseudoacacia Black Locust
Secondary Deciduous Trees
Common Name
Aesculus glabra
Ohio Buckeye
• Betula nigra
Birch, River
Catalpa speciosa
Northern Catalpa
Ostrya virginiana
Ironwood
Populus tremuloides
Aspen
Sorbus spp.
Ash, Mountain
Ornamental
Common Name
Crataegus spp.
Hawthorne
Phellodendron amurense
Amur Corktree
Conifers
Common Name
Larix laricina
Tamarack
Section 2. Subdivisions: Section 18.61(d), Landscaping and tree preservation requirements is
amended in its entirety to read as follows :
(d) The following standards shall be used in evaluating subdivisions and site plans:
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(1) It is a policy of the City of Chanhassen to protect the integrity of the natural
. environment through the preservation, protection, and planting of trees. The
city finds that trees provide many benefits including: stabilization of the soil
by the prevention of erosion and sedimentation, reduction of storm water runoff
and the costs associated therewith, improvement of air quality, reduction of
noise pollution, control of urban heat island effect, protection and increase of
property values, protection of privacy, energy conservation through natural
insulation, control of drainage and restoration of denuded soil subsequent to
construction and grading, protection from severe weather, providing habitat for
birds and other wildlife, conservation and enhancement of the city's physical
and aesthetic environment, reforestation of open lands, and general protection
and enhancement of the quality of life and general welfare of the city.
It is therefore the purpose of this section to provide regulations related to the
cutting, removal, or killing of trees on construction and development sites and
to ensure the protection and preservation of the natural environment and beauty
of the City of Chanhassen.
(2) Prior to the submittal of development plans, a tree survey of the site shall be
prepared by a registered landscape architect, licensed forester, or other
professional approved by the city. This survey shall include the species, DBH
size, condition, location of all significant, special, damaged or diseased trees
on site. All significant special, damaged or diseased trees shall be tagged and
• identified by number on the survey. A delineation of the existing canopy
coverage area(s) which outlines all areas covered by tree canopy shall be
included as part of the survey. Additionally, all damaged and diseased trees
shall be cataloged with the nature and extent of any damage or disease
specified.
(a) Based on this survey and either site observation and measurement or a
current aerial photograph (taken within one year of the date of plan
submittal) interpretation, the following shall be calculated:
1) Base line Canopy coverage
2) Minimum Canopy Coverage Requirements.
The following table shall be used to determine the minimum amount of canopy coverage that
must be maintained or provided on -site as part of the development. It shall represent the
minimum canopy coverage, consisting of existing tree canopy and/or additional trees required
for the site. Existing wetland areas located on site shall be excluded from the calculation of
site area in the determination of required site coverage. If a forested area is to be dedicated
to the City for park land, then this area shall not be included in the base line canopy coverage
area calculation nor shall it count towards the minimum canopy coverage for the site.
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Base Line Canopy Coverage
• Per Acre
Comprehensive Plan
Designation 80 - 100% 60 - 79% 40 - 59% 20 - 39% 19%
or less
Commercial/Industrial/ 28% 25% 20% 14% 10%
Institutional
High Density Residential 35% 30% 25% 20% 15%
Medium Density 40% 35% 30% 25% 20%
Residential
Low Density Residential 55% 46% 35% 30% 25%
Large Lot Residential 68% 56% 43% 35% 25%
Base line canopy coverage is the canopy coverage existing at the time the development
application is filed with the city. Minimum canopy coverage is determined by using the matrix.
Priority shall be given to retaining stands of trees and undisturbed wooded lands over
individual specimen trees that will be incorporated into the development. No more
• than ten (10) percent of the canopy retention requirement may be met by an individual
tree that is not included within a designated woodland area.
For developments that do not meet the minimum canopy coverage, the developer shall
be required to develop a forestation plan to bring the total canopy coverage up to the
minimum requirement. Where existing woodlands are removed or there is a loss of
trees that would otherwise be used to meet the canopy coverage retention requirement,
the developer shall develop a woodland replacement plan. The replacement plan must
designate an area at least 1.2 times the removed canopy coverage area that shall be
planted with replacement trees for those removed. These plans shall locate additional
trees either as a continuation of existing stands of trees that are to be preserved or
create new stands of trees in desirable locations such as along roadway corridors, on
the north and west perimeters of the development, in common open areas, or adjacent
to park facilities.
The following criteria shall be followed in establishing minimum canopy coverage:
1) When planting trees, one tree shall be deemed to provide 1,089 square
feet of required canopy coverage,
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2) tree must be from the approved list of desirable species (preference
• given for trees designated as native),
3) no more than one-third (1/3) of the trees may be from any one tree
species,
4) trees shall average at least 21h inch caliper and may be a minimum of
116 inch caliper,
5) not less than twenty percent (20%) of the trees shall be conifers,
6) conifer trees shall average seven (7) feet and shall be a minimum of six
(6) feet in height,
7) plant materials used for the reforestation shall be of a similar species as
vegetation found on site,
8) trees shall be used that are appropriate to the soil conditions found on
site, and
9) trees shall be from certified nursery stock as defined and controlled by
Minnesota Statute Sections 18.44 through 18.61, the Plant Pest Act.
(3) To the extent practical, site design shall preserve significant woodland areas
and special trees. Special priority for tree preservation shall be given to areas
within flood plains, wetlands, stream corridors, wooded slopes, and along
collector and arterial roadway corridors. To facilitate this, a woodland
management plan, which may include preservation, forestation, and replacement
elements, shall be formulated by the developer as one component of the
development proposal. The woodland management plan shall be prepared and
• signed by a registered landscape architect, licensed forester, or other
professional approved by the city. This plan shall include the following
information:
a. Tree survey
b. Designated woodland areas
C. Location and size of replacement/forestation tree
planting areas
d. List of all replacement trees including species, caliper,
and planting method
e. Methods of tree protection
L Location of all protective fencing
g. Special construction methods to be utilized
h. Location of all retaining walls
i. Statement explaining why replacement trees are necessary
j. Rationale for selection of replacement/forestation trees
(4) In single-family detached residential developments, the applicant must
demonstrate that suitable home sites exist on each lot by describing a 60' x 60'
building pad (which includes deck area) without intruding into required
setbacks and easements.
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(5) Minimizing the tree loss should be achieved by any combination of the
• following:
a. realignment of streets, utilities and lot lines
b. consideration of alternative utility configurations such as the use of
ejector pumps, force mains, or revised home elevations to minimize
grading
C. reductions in street width and right-of-way and increase in street grade
up to 10% when the applicant can demonstrate that significant tree
preservation is directly related to the modification
d. use of private drives in lieu of public streets
e. variation in street radius and design speed
f. modified grading plans
g. within PUDs, the City Council may consider waiving minimum lot area
requirements and/or density transfers as long as it can be demonstrated
by the applicant, that tree preservation can be enhanced. In no case
shall overall project densities exceed what is allowed by the
Comprehensive Plan. The greater the level of preservation, the greater
flexibility will be considered by the city.
h. within PUDs, variations to building setback lines provided a minimum
twenty (20) foot building separation is maintained between buildings on
adjacent lots. The setback variations shall be established and recorded
as part of the plat approval.
• (6) Trees designated for preservation shall be protected by snow fences with
clearly marked signage specifying that the area is off limits for construction
activities, or other means acceptable to the city, prior to land preparation or
construction activities. Protective barriers must be located at twelve (12) times
the tree diameter at DBH from the base of the tree, the critical root zone, and
must remain in place until all construction activities are terminated. No
equipment, chemicals, soil deposits, or construction materials shall be placed
within the protective barriers. All understory trees and natural vegetation
should be preserved within the boundaries of the protective areas. Where this
protection area cannot be maintained or would otherwise render lots
undevelopable, an alternate protection, mitigation or tree replacement plan may
be considered and approved by the city. This plan may include the use of
retaining walls, installation of aeration systems, requirement for post
construction deep root fertilization and soil aeration, or construction vehicle
ramp systems.
(7) At the city's discretion, conservation easements may be required to protect
designated tree preservation areas. Such easements shall be permanently
marked and signed as a conservation area with low profile monumentation
acceptable to the City. A monument is required for each three hundred (300)
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linear feet of tree conservation area. Within designated woodland areas, the
• City shall encourage the use of indigenous grasses and plant species to more
closely resemble a natural area. Home owners associations shall be
responsible for the maintenance of vegetation in common areas. Individual
property owners shall be responsible for the maintenance of vegetation on their
property. The planting of trees in excess of those required by this ordinance is
permitted within the designated woodland area.
(8) During the removal process, trees shall be removed so as to prevent blocking
of public rights -of -way or interfering with overhead utility lines.
(9) The removal of diseased and damaged trees is permissible only if they cannot
be saved. These trees shall not be counted when computing the base line tree
canopy coverage.
(10) If any protected significant trees are removed or killed or there is a loss of
trees as the result of construction activities, the city requires replacement at the
rate of two (2) caliper inches per each inch of DBH of the removed, killed, or
lost trees. The replacement trees shall be at least two and a half (M) inches
caliper and will be species that conform to the List of Desirable Tree Species
for Planting in Chanhassen. No more than one-third (1/3) of the trees may be
from any one tree species. Other species or sizes may be used as replacement
trees subject to approval by the City. Alternately, at the city's discretion, if a
• developer removes trees within a protected area, the canopy coverage area shall
be calculated for that area and a replacement area 1.5 times the canopy
coverage area that was removed shall be planted. One tree shall be planted for
each 1,089 square feet of required replacement area Trees shall be from the
list of desirable tree species, no more than one-third (1/3) of trees.from any one
tree species, average 2;6 inch caliper with a minimum 16 inch caliper, a
similar species as vegetation existing on site, and appropriate to the soil
conditions. Any replacement trees that cannot be planted on the original site
due to space restrictions shall be planted on city property at locations to be
determined by the city.
(11) Financial guarantees acceptable to the city shall be required to ensure
compliance with this section.
Section 3. Section 20-1, Definitions, of the Chanhassen City Code is amended by
adding the following definitions:
Canopy -coverage shall mean the area on a horizontal plane that is located under the
crowns of all the trees on the site.
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Critical root zone means an area twelve (12) times the tree diameter at DBH measured
• from the base of the tree.
DBH means diameter measured at breast height (4.5 feet above the ground).
Designated woodland area means an area within a development that has been
designated in the woodland management plan as a tree preservation, forestation or
replacement planting area.
Loss of trees means that any of the following may have happened:
a. Grade change or land alteration, whether temporary or permanent, of
greater than one (1) foot, measured vertically from the existing grade,
affecting forty (40) percent (as measured on a horizontal plane) or more
of a tree's critical root zone; or
b. Utility construction resulting in the cutting of forty (40) percent or more
of the tree's roots within the critical root zone; or
C. Mechanical injury to the tree trunk causing loss of more than forty (40)
percent of the bark; or
d. Compaction to ninety (90) percent of standard proctor to a depth of six
• (6) inches or more of forty (40) percent or more of the surface of the
soil within the tree's critical root zone; or
e. The pruning of a tree which eliminates forty (40) percent or more of the
canopy area of a tree; or
f. The complete removal of a tree.
Significant Tree means any healthy tree species measuring twelve (12) inches or more
DBH; Or any healthy coniferous tree measuring twelve (12) feet in height or more.
Special trees mean any large broadleaf trees at least 30 inches DBH, any large conifer
trees at least 20 inches DBH, any medium broadleaf trees at least 20 inches DBH, any
small broadleaf trees at least 12 inches DBH, rare or unusual tree species, or trees of
exceptional quality.
Tree caliper means diameter of a tree measured at six (6) inches above ground.
Tree trunk means the stem portion of a tree from the base to the first branch thereof.
Woodlands shall mean any groupings of significant trees with a canopy coverage of
one (1) acre or more, any groupings of 10 or more significant trees, or any grouping
• of trees with at least one (1) special tree and where 25 percent or more of other trees
are significant trees.
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Section 4. LANDSCAPING AND TREE REMOVAL: Section 20-1178 (c) is amended in
its entirety to read as follows:
(c) The standards in City Code Section 18.61 (d) shall be used in evaluating site
plans.
Section 5. This ordinance shall be effective immediately upon its passage and publication.
PASSED AND ADOPTED this 9th day of May, 1994, by the City Council of the
City of Chanhassen.
ATTEST:
Don Ashworth, CIEWManager onald .Chanel, Mayor
(Published in the Chanhassen Villager on May 19, 1994.)
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CITY OF CHANHASSEN
CARVER AND HENNEPIN
COUNTIES, MINNESOTA
ORDINANCE SUMMARY
Amendment of Landscaping and Tree
Preservation ordinances regarding sub-
divisions aid site plans. The amendment
adds to list of approved trees; expands
intent of ordinance regarding benefits of
tree protection; requires submittal of tree
survey early in the development review
process; requires determination of exist-
ing canopy coverage area of a site; pro-
vides criteria for establishing minimum
canopy coverage; requires submittal of a
woodland management plan; provides
guidelines for minimizing tree loss; re-
quires tree protection fencing; provides
for conservation easements and
monumentation; provides penalties for
the removal of trees that were designated
for preservation; adds definition specifi-
cally related to tree protection require-
ments; and revises site plan landscaping
and tree removal requirements to refer-
ence the subdivision section.
Passed and adopted by the
Chanhassen City Council this 9th day of
May, 1994.
Don Ashworth
City Clerk/Manager
(Published in the Chanhassen Villager
on Thursday, May 19, 1994; No. 2145)
Affidavit of Publication
Southwest Suburban Publishing
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)SS.
County of Carver )
Stan Rolfsrud, being duly sworn, on oath says that he is the publisher or the authorized agent of
the publisher of the newspapers known as the Chaska Herald and the Chanhassen Villager and
has full knowledge of the facts herein stated as follows:
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newspaper, as provided by Minnesota Statute 331 A.02, 331 A.07, and other applicable laws, as
amended.
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and publication of the Notice: I A
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Subscribed and sworn before me on
this Z?
fY
da of .1994
Notary Public
By:
Stan Rolfsrud, Ge'hcrqT Manager
GWEN M. RAOUENZ
NOTARY PUBLIC - MINNESOTA
SCG i T COUNTY
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