Ordinance 378CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.378
AN ORDINANCE AMENDING
CHAPTER 18, SUBDIVISIONS,
CHANHASSEN CITY CODE
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Section 1. Section 18-61 of the City Code, City of Chanhassen, Minnesota, is hereby amended
to read as follows:
Landscaping and tree preservation requirements.
(a) Required landscaping/residential subdivision.
(1) Each lot shall be provided with a minimum of one (1) deciduous or conifer tree to be
placed in the front yard. The type of tree shall be subject to city approval. Coniferous
trees must be at least eight (8) feet high and deciduous trees must be at least two and one-
half (21/2) inches in diameter at the time of installation. This requirement may be waived
by the city where the applicant can demonstrate that a suitable tree having a minimum
diameter of two and one-half (21/2) inches for deciduous and eight -foot height for
conifers is located in an appropriate location on the lot. The following trees may be used
to meet planting requirements:
Scientific Name
Deciduous Trees
Common Name
Acer saccharum
Maple, Sugar or hard
Carya ovata
Shagbark Hickory
Celtis occidentalis
Hackberry
Juglans nigra
Black Walnut
Quercus rubra
Oak, Red
Quercus alba
Oak, White
Quercus bicolor
Oak, Bicolor
Quercus macrocarpa
Oak, Bur
Tilia americana
Linden, American
Acer rubrum spp.
Maple, Red, all varieties
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Scientific Name
Deciduous Trees
Common Name
Acer x freemanii, spp.
Maple, Freeman, all varieties
Acer saccharinum 'Silver Queen'
Maple, Silver Queen
Aesculus glabra
Ohio Buckeye
Betula nigra
Birch, River
Betula papyrifera
Birch, paper
Betula pendula 'Dalecarlica'
Birch, cut leaf weeping
Catalpa speciosa
Northern Catalpa
Fraxinus spp.
Ash, all varieties
Ginkgo biloba
Ginkgo
Gleditsia triacanthos inermis, spp.
Honeylocust, thornless - all varieties
Gymnocladus dioicus
Coffeetree, Kentucky
Tilia spp.
Linden, all varieties
Ulmus spp.
ELM, DED-resistant varieties
Scientific Name
Ornamental
Common Name
Acer ginnala
Maple, Amur
Amelanchier spp.
Serviceberry or Juneberry
Crataegus spp.
Hawthorn, all varieties
Malus spp.
Crabapple, assorted flowering-Varieties3
Ostrya virginiana
Ironwood
Populus tremuloides
Aspen
Sorbus spp.
Ash, Mountain, all varieties
Phellodendron amurense
Amur Corktree
Prunus cerasifera 'Newport'
Plum, Newport
Prunus triloba
Plum, flowering or Rose Tree of China
Prunus virginiana 'Schubert'
Chokeberry, Schubert
Syringa reticulata
Lilac, Japanese tree
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Scientific Name
Conifers
Common Name
Abies balsamea
Fir, Balsam
Abies concolor
Fir, Concolor
Larix laricina
Tamarack
Picea abies
Spruce, Norway
Picea glauca
Spruce, White
Picea glauca densata
Spruce, Black Hills
Picea pungens
Spruce, Colorado Green
Pinus nigra
Pine, Austrian
Pinus ponderosa
Pine, Ponderosa
Pinus resinosa
Pine, Norway
Pinus strobus
Pine, White
Pinus sylvestris
Pine, Scotch
Pseudotsuga menziesii
Fir, Douglas
Thuja occidentalis
Arborvitae
Thuja occidentalis 'Techny'
Techny Arborvitae
(2) The tree(s) must be installed prior to receiving a certificate of occupancy or financial
guarantees acceptable to the city must be provided to ensure timely installation.
(3) All areas disturbed by site grading and/or construction must be seeded or sodded
immediately upon completion of work to minimize erosion. When certificates of
occupancy are requested prior to the satisfaction of this requirement, financial guarantees
acceptable to the city must be provided.
(4) No dead trees or uprooted stumps shall remain after development. On -site burial or
burning is not permitted.
(5) Landscaped buffers around the exterior of the subdivision shall be required by the city
when the plat is contiguous with collector or arterial streets as defined in the
comprehensive plan and where the plat is adjacent to more intensive land uses. Required
buffering shall consist of berms and landscape material consisting of a mix of trees and
shrubs and/or tree preservation areas. No fences will be permitted between the required
buffer and the collector or arterial street. Where appropriate, the city may require
additional lot depth and area on lots containing the buffer so that it can be adequately
accommodated and the homes protected from impacts. Lot depths and areas may be
increased by twenty-five (25) percent over zoning district standards. The landscape plan
must be developed with the preliminary and final plat submittals for city approval.
is Appropriate financial guarantees acceptable to the city shall be required.
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• (b) It is the policy of the city to preserve natural woodland areas throughout the city and with
respect to specific site development to retain as far as practical, substantial tree stands which
can be incorporated into the overall landscape plan.
(c) No tree removal shall be permitted except as approved in a subdivision, planned unit
development or site plan application. Removal of trees prior to city approval will result in
the issuance of a citation. The cleared area shall be replanted at a rate of two (2) times the
DBH inches (DBH means diameter measured at breast height, 4.5 feet above the ground) of
trees removed, if known, or one (1) tree per 1,089 square feet of replacement area with the
required replacement area calculated at two (2) times the canopy coverage area that was
removed. Additionally, the development review process shall be halted and the developer
shall be required to resubmit revised existing site condition and tree inventory plans and new
landscaping plans incorporating the additional planting requirements.
(d) The following standards shall be used in evaluating subdivisions and site plans:
(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
isconservation 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 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.
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(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 (DBH means diameter measured at
breast height, 4.5 feet above the ground), condition, location of all trees over six inches in
diameter and any 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 (1) year of the date of plan submittal) interpretation, the
following shall be calculated:
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1. Baseline 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 and bluff areas located
on site shall be excluded from the calculation of site area in the determination of 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.
Base Line Canopy Coverage Per Acre
Comprehensive Plan Designation
80--100%
60--79%
40--59%
20--39%
19% or
less
Commercial/industrial/institutional
28%
25%
20%
14%
10%
High density residential
35%
30%
25%
20%
15%
Medium density residential
40%
35%
30%
25%
20%
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 planting plan to bring the total canopy coverage up to
the minimum requirement.
For development that removes canopy area or trees that would otherwise be used to
meet the canopy coverage retention requirement, the developer shall develop a
replacement plan. The replacement plan must designate an area at least one and two -
tenths (1.2) times the removed canopy coverage area that shall be planted with
replacement trees for those removed. This plan 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 (1) tree shall be deemed to provide one thousand
eighty-nine (1,089) square feet of required canopy coverage;
2. Trees 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 (1) tree species;
4. Trees shall average at least two -and -one -half -inch caliper and may be a
minimum of one -and -one -half -inch caliper;
5. Not less than twenty (20) percent 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) In order to calculate the tree removal area of the single-family detached development,
the applicant must include the front 105 feet of each lot within the tree removal area of
the development. If a front setback variance is approved as part of the subdivision
review process, the depth of the area calculated for tree removal on the lot may be
• reduced by the amount of the front yard setback variance.
•
(4) 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 roadway width and right-of-way and increase in street grade up to ten
(10) percent when the applicant can demonstrate that significant tree preservation is
directly related to the modification.
d. Use of private streets 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.
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(5) 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 in locations determined by the city 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.
(6) 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) 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. Homeowners 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.
• (7) During the removal process, trees shall be removed so as to prevent blocking of public
rights -of -way or interfering with overhead utility lines.
(8) 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.
(9) 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)
diameter inches per each inch of DBH of the removed, killed, or lost trees. The
replacement trees shall be at least two -and -a -half (21/2) inches in diameter 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 (1) 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 two
(2) times the canopy coverage area that was removed shall be planted. One tree shall
be planted for each one thousand eighty-nine (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 (1) tree species, average two -and -one -half -inch
diameter with a minimum one -and -one -half -inch diameter, a similar species as
vegetation existing on site, and appropriate to the soil conditions. For any replacement
• trees that cannot be planted on the original site due to space restrictions, the developer
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shall pay the city the value of the trees, including material and installation, in to the
• community tree planting fund.
(10) Financial guarantees acceptable to the city shall be required to ensure satisfactory
installation of landscaping requirements.
E
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Section 2. This ordinance shall be effective immediately upon its passage and publication.
PASSED AND ADOPTED this 24th day of May, 2004, by the City Council of the City
of Chanhassen, Minnesota
Todd Gerhardt, City Manager
Thomas A. Furlong,
(Summary Ordinance published in the Chanhassen Villager on June 10, 2004)
N.
• CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
SUMMARY OF ORDINANCE NO.378
AN ORDINANCE AMENDING CHAPTER 18
OF THE CHANHASSEN CITY CODE
SUBDIVISIONS
The purpose of this code amendment is to clarify minimum front yard landscaping requirements;
consolidate and clarify the tree lists; prohibit the burning of trees on site; specify sanctions for the
removal of trees prior to city approval of the plans; require that trees six inches and larger shall be
located on the tree survey; add that bluff areas are excluded from canopy coverage area calculations;
delete woodland management plan requirements; clarify that the tree removal calculations for
single-family detached housing developments shall include the front 105 feet of a lot; require that
the location of tree protection fencing must be approved by the city; require that the replacement
plantings for the removal of trees that were approved for protection shall be two (2) times the
canopy area removed; and permit the developer to pay into a city fund the value of trees required for
replacement of protected trees which can not be located on the site.
• A printed copy of Ordinance No. 378 is available for inspection by any person during
regular office hours at the office of the City Manager/Clerk.
PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this 241h day of May,
2004, by the City Council of the City of Chanhassen.
CITY OF CHANHASSEN
BY: t L yk
Thomas A. Furlong, Mayor
AND 7�a -A --•�
Todd Gerhardt, City Manager/Clerk
(Published in the Chanhassen Villager on June 10, 2004).
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Affidavit of Publication
Southwest Suburban Publishing
CITY OF CHANHASSEN State of Minnesota)
CARVER AND HENNEPIN
r COUNTIES, MINNESOTA )SS.
SUMMARY OF ORDINANCE NO.
,. 378 County of Carver )
AN ORDINANCE AMENDING
CHAPTER 18
�Y OF THE CHANHASSEN CITY
CODE
SUBDIVISIONS Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized
The purpose of this code agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil-
amendment is to clarify minimum lager and has full knowledge of the facts herein stated as follows:
front yard landscaping requirements;
bonsolidate and clarify the tree lists; (A) These newspapers have complied with the requirements constituting qualification as a legal
prohibit the burning of trees on site;
bpecify sanctions for the removal of newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as
trees prior to city approval of the amended.
ans; require that trees six inches
B The printed public notice that is attached to this Affidavit and identified as No.
frid larger shall be located on the tree- ( ) P
survey; add that bluff areas are was published on the date or dates and in the newspaper stated in the attached Notice and said
excluded from canopy coverage area Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of
calculations; delete woodland the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both
management plan requirements; inclusive, and is hereby acknowledged as being the kind and size of type used in the composition
clarify that the tree removal and publication of the Notice:
calculations for single-family
detached housing developments shall
include the front 105 feet of a lot; abcdefghijkimnopgrstuvwxyz
require that the location of tree r
protection fencing must be approved
by the city; require that the,��
replacement plantings for the B
removal of trees that were approved Laurie A. Hartmann
for protection shall be two (2) times
the canopy area removed; and permit
the developer to pay into a city fund
the value of trees required for Subscribed and sworn before me on
replacement of protected trees which
can not be located on the site.
A printed copy of Ordinance No. L
378 is available for inspection by any
person during regular office hours at this day of �t , 2004 GWN M. RAD
UENZ
the office of the City Manager/Clerk.
PASSED, ADOPTED, AND WTARY PUBLIC M WESOTA
APPROVED FOR PUBLICATION My Commission Expim,fan. 31, 2005
this 241'' day of May, 2004 by the City {
Council of the City of Chanhassen.
CITY OF CHANHASSEN
Thomas A. Furlong, Mayor Notary Public
AND Todd Gerhardt, City
Manager/Clerk
(Published in the Chanhassen
Villager on Thursday; June 10, 2004;
No. 4203)
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space.... $22.00 per column inch
Maximum rate allowed by law for the above matter ................................ $22.00 per column inch
Rate actually charged for the above matter ............................................... $10.85 per column inch