2 Code AmendmentsCITYOF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Clranhassen, MN 55317
Adminislralien
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.11,10
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phon e: 952.227.1400
Fax: 952.227.1404
Planning &
Nalural Resources
Phone: 952.227.1130
Fax: 952.227.1110
Public Works
1591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Web Site
wv,v,,.ci.chanhassen.mu.us
TO:
Planning Commission
FROM:
Bob Generous, Senior Planner
DATE: March 4, 2003
SUB J:
Code Amendments, Chapter 18, Subdivisions
Attached are the draft revisions to chapter t8, subdivisions. We will be
discussing these items related to the subdivision ordinance at the end of the
Planning Commission meeting. Please bring your code book to review the
changes in relation to the rest of the chapter.
The intent of the discussion is to provide clarification of the proposed changes
and to receive input on these or any other changes the Planning Commission
may suggest for the subdivision ordinance.
The Park Commission will be meeting in March to review the proposed trail
and sidewalk criteria. Once they have provided their recommendations, we
will bring the chapter back for public hearings.
If you have any questions or need additional information, please contact me at
(952) 227-1131.
The City of Chanhassen · A growing community with c ean akes. quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
Chapter 18, Subdivisions
CODE AMENDMENTS
12/27/02
2/20/03
Sec. 18-1. Definitions.
All definitions shall be consolidated in chapter 1.
Wetland delineation means a boundary between jurisdictional wetland and
nonwetland based on the 1987 Corps of Engineers Wetlands Delineation Manual.
Acceptable wetland delineations shall be no more than three (3) years old, unless
accompanied by documentation demonstrating: 1. The delineation has been
reviewed in the past three (3) years by a person trained and experienced in the
application of the 1987 Corps of Engineers Wetlands Delineation Manual; and 2.
That the delineation is still accurate or has been revised to reflect existing site
conditions.
This definition is necessary in order to specify what constitutes an acceptable wetland
delineation.
Wetland delineation report means a report containing a brief site narrative, maps of
the site and all pertinent data sheets that document the establishment of a wetland
delineation.
*This definition is necessary in order to specify what constitutes an acceptable wetland
delineation report. Definitions shall be incorporated in Chapter 1.
Sec. 18-39. Preliminary plat - Generally.
(a) After the preapplication consultation and at least t:wemy-ot~c3t) twenty-eight (28)
days prior to the meeting of the planning commission at which action is desired, the
applicant may file with the city, an application for preliminary plat approval. The
application shall be accompanied by copies of the plat in such number as required by the
city, an eight and one-half-by-eleven-inch transparency reduction of each sheet, proof of
ownership satisfactory to the city, and a list of property owners within five hundred (500)
feet of the property certified by an abstract company. The applicant shall pay the
application fee established by city council resolution. All required data, documentation
plans, copies and fees must be submitted before the application will be considered
complete. Rejection of the plat by the city council, or abandonment or withdrawal of the
proposed plat by the subdivider, shall not entitle the applicant to the return of all or any
part of the application fee.
*Submittal of preliminary plats 21 days prior to the Planning Commission date does not
provide sufficient time to notice the plat, nor distribute items for comments. The current
practice is to have submittal deadlines a month prior to the Planning Commission date.
(f) The findings necessary for city council approval of the preliminary plat and the final
plat shall be as follows:
(1) The proposed subdivision is consistent with the zoning ordinance;
(2 The proposed subdivision is consistent with all applicable city, county and regional
plans including but not limited to the city's comprehensive plan;
(3) The physical characteristics of the site, including but not limited to topography, soils,
vegetation, susceptibility to erosion and siltation, susceptibility to flooding, and storm
water drainage are suitable for the proposed development;
(4) The proposed subdivision makes adequate provision for water supply, storm
drainage, sewage disposal, streets, erosion control and all other improvements required
by this chapter;
(5) The proposed subdivision will not cause environmental damage;
(6) The proposed subdivision will not conflict with easements of record.
(7) The proposed subdivision is not premature. A subdivision is premature if any of the
following exists:
a. Lack of adequate storm water drainage.
b. Lack of dedicated and improved public streets.
c. Lack of adequate sanitary sewer systems and nos ISTS (individual sewer treatment
system).
d. Lack of adequate off-site public improvements or support systems.
*This is a MCC recommendation. However, is it the city's intent for 18-39 (f)(7) c. to be
able to deny a plat if it does not have centralized sanitary sewer? If this is the case is the
language adequate to permit the denial?
Sec. 18-40. Same--Data required.
(2)
f. Topographic data within the property to be subdivided and one hundred (100)
feet beyond the property boundary, showing contours as follows: two-foot
intervals where slope is ten (10) percent or less; five-foot intervals where slope is
ten (10) to fifteen (15) percent; ten-foot intervals where slope is greater than
fifteen (15) percent. All areas of the subdivision to be platted with a slope greater
than twenty-five percent must be clearly indicated. However, on undevelopable
sections or larger acre lots topographic data may be reduced to significant
physical characteristics, such as top and toe of slope, if in the opinion of the city
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the area is viewed as unsuitable for future subdivision. Location and elevations of
on-site and abutting water courses, lakes, wetlands, rivers, streams, and marshes
at date of survey and their ordinary high water mark plus approximate high and
low normal water elevations shall also be shown. A wetland delineation report
and surveyed wetland delineation for all wetland basins on or within one
hundred (100) feet of the property boundary. Where the subdivision borders a
lake, river or stream, a meander line shall be established at an elevation two (2)
feet above the recorded high water elevation of the lake, river or stream. Flood
plain areas, location of wooded areas, rocky outcrops, power transmission poles
and lines and other significant physical features shall also be shown.
The change is to make this rule consistent with the information required for storm water
ponds The second change will ensure that staff has an adequate amount of time in which
to review the wetland delineation prior to final review of the subdivision.
(4)
c. A drainage plan for the area indicating the direction and rate of natural storm
water runoff and, those unaltered areas where storm water collects and percolates
into the ground and the path of storm water to public storm water
infrastructure. A proposed drainage plan for the developed site indicating the
direction and rate of runoff and those areas where storm water will collect and
percolate into the ground shall also be included. Storm water management shall
be consistent with the city's ~tc,..~ surface water management plan.
The first change will ensure that staff is able to evaluate any inconsistencies in data or
problems that may occur as a result of a subdivision's discharge through adjacent
properties. The second change will make the language consistent with the language used
throughout the rest of the city code.
Sec. 18-41. Final Plat
(a) Unless otherwise provided in the development contract for phased development,
within one (1) year after the date of the city council approval of the preliminary plat, the
subdivider shall file an application for approval of the final plat. In addition to the
application the subdivider shall submit:
(1) Copies of the plat in such quantities as is required by the city;
(2) Two (2) mylar copies of the plat;
(3) One (1) two hundred (200) scale copy of the plat.
(4) 1"=200' scale mylar reductions of the final plat with just street names and
lot and block numbers.digital copy in .dwg format and a digital copy in .tif
format (pdf compatible) of the final plat shall be submitted.If the final plat
application is not filed within this period, the preliminary plat will be considered void
3
unless for good cause shown an extension is requested in writing by the subdivider and
granted by the city council prior to the one-year anniversary date of the preliminary plat
approval. The application for final plat approval shall be filed at least ~
twenty-one (21) days prior to the meeting of the city council at which action is desired.
(b) The final plat shall conform to the requirements of this chapter and to all conditions
set forth in the approval of the preliminary plat as modified during final plat approval.
(c) The city council shall review the final plat and shall approve or disapprove it within
sixty (60) days of receipt of the completed application.
(d) No final plat shall be approved by the city council until the plat is in a form
acceptable for recording with the county, the proper filing fees have been paid to the city,
a development contract has been signed, appropriate security has been furnished, and no
other payments to the city related to the development are outstanding.
(e) Upon approval of the final plat by the city council, the city shall notify the applicant
of the approval and within thirty (30) days thereafter, the applicant or the city attorney
shall file the final plat with the county recorder and furnish the city evidence of such
recording. Failure of the applicant to comply shall be cause for revoking the city's
approval.
f) The developer shall pay the city a fee established by city council resolution to
reimburse the city for the cost of updating the city's base maps and geographic
information systems (GIS) data base files and converting the plat and record drawings
into an electronic format.
*This sentence lists the deadline for submitting a final plat for Council approval as 14
days prior to the Council meeting. Engineering staff has always used a three week (21
day) minimum for submitting a final plat prior to the Council meeting that it will be
considered. This is a more realistic deadline to ensure that staff has sufficient time to
process the final plat report, development contract, administration fee calculation, etc.
The city requires the 1 "=200' scale mylar reductions of the final plat with just street
names and lot and block numbers for addressing purposes. To facilitate the updating of
the geographic information system, GIS, the city is requiring that plats be included in
electronic format.
Sec. 18-56. Generally.
The proposed subdivision shall conform to the comprehensive plan, zoning ordinance and
design hanO~c,c,k standards, and Chapter 20 of this Code. The design features set forth
in this article are minimum requirements. The city may impose additional or more
stringent requirements concerning lot size, streets and overall design as deemed
appropriate considering the property being subdivided.
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*MCC recommendation.
Sec. 18-57, Streets. Subsection b:
b) Street right-of-way widths shall be consistent with the comprehensive plan and
official map, and shall conform to county and state standards for trunk highways. If no
such plans or standards are applicable, right-of-way and pavement widths shall not be
less than the following, unless approved by the City Engineer with the final widths
determined based on existing site conditions and proposed functions, e.g., on-street
}arking, property access, etc.:
Street
Classifications
Right-of-Way
Widths (feet)
Roadway/Pavement
Width (feet)
Minor arterial 100 36 m-44
Collector 80 36
Local street (rural 60 24
residential)
[~ocal street (urban 60 25 t~, 22 31
residential)
Local street 60 36
(commercial/industrial)
Cul-de-sac, turnaround 60 4-3 45.5
radius (urban/residential)
Cul-de-sac, turnaround 60 40
radius(rural residential)
Cul-de-sac, turnaround 60 48
radius(commercial/industrial)
Private Street (Residential 30 20
Serving A-2, RR, RSF, R-4)
Private Street (Residential 30 24
Serving R-8, R-12, R-16)
Private Street 30 26
(commercial/industrial)
* The table lists the allowable pavement widths for minor arterial streets as 36-44feet.
Engineering staff has used a standard street width of 36 feet for minor arterial streets. In
addition, the City's standard detail plate for urban streets only shows a 36-foot wide
street. The table lists the allowable pavement widths for local (urban) streets as 28-32
feet. Engineering staff has used a standard street width of 31feet for local (urban)
streets. In addition, the City's standard detail plate for urban streets only shows a 31-
foot wide street. Engineering would like to eliminate the range and have 36feet as the
only listed pavement width for minor arterials and 31 feet as the listed width for local
urban streets. Ifa range of street widths is allowed, engineering believes that
developers will undoubtedly choose to build the least costly option, i.e., a 28-foot wide
street. This is in direct conflict with what the City's standard has been in the past. To
avoid confusion, staff believes there should be one standard street width, but allow the
City Engineer the flexibility to deviate from the standard if existing site conditions
warrant.
Sec. 18-61. Landscaping and tree preservation requirements.
(a)
Required landscaping/residential subdivision.
(1) Each lot shall be provided with a minimum of one (1) tree to be placed in the
front yard. The type of tree shall be subject to city approval. (The city will
provide a list of species). Coniferous trees must be at least six (6) 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 six-foot height for
evergreen "-~ ~ ....rA~ ~ ,r, ....,~, ....... -~ ' pri
........ \~! ............. ~ ...... 1S located in an appro ate
location on the lot. The following trees may be used to meet planting
requirements:
*This distinction is confusing and unnecessary.
Primary Specimen Common Name
Deciduous Trees
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
Secondary Deciduous Trees I ,~.~.. ,w .... ~ .... ~ ,~ .......
6
Acer rubrum spp. Maple, Red, all varieties
A,~,~*. .... 1 ......~ ~lkl,,o+I~ .... ~rlt 11,'I~I~ b.I~+14 ...... 1 l)~rl
Acer x freemanii, spp. Maple, Freeman, all varieties
Acer sacc~harinum 'Silver Queen' Maple, Silver Queen
Aesculus glabra Ohio Buckeye
Betula nigra Birch, River
Betula papyrifera
Betula pendula 'Dalecarlica'
Catalpa speciosa
Fraxinus " ....... :
............. spp.
Ginkgo biloba
Birch, paper
Birch, cut leaf weeping
Northern Catalpa
Ash, ~,5q~it'c ail varieties
Ginkgo
Gleditsia triacanthos inermis Honeylocust, thornless
Gleditsia triacanthos inermis 'Imperial' Honeylocust, Imperial
Glcditisai Gleditsia triacanthose inermis Honeylocust, Skyline
'Skyline'
Gymnocladus dioicus Coffeetree, Kentucky
e..../ .......... ~sh a,~ .......
Tilia spp. Linden, all varieties
Ulmus spp. DED-resistant varieties
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i Ornamental
Acer ginnala Maple, Amur
Serviceberry or Juneberry
Amelanchier spp.
Crataegus spp. Hawthorne
Malus (various species) Crabapple, asso~ed flowedng- Vadeties~
Os~a virgin~na Ironwood
Populus ~emuloMes Aspen
Sorbus spp. Ash, Mountain
Phellodendron amurense Amur Corktree
Prunus cerasifera 'Newport' Plum, Newpoa
Prunus triloba Plum, flowering or Rose Tree of China
Prunus virginiana 'Schubert' .Chokeber~, Schube~s
Syringa reticulata
Tilia ....... ~,. ,a .......... ;,..,,
Lilac, Japanese tree
Conifers
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
*Changes denote spelling corrections and clarification of species. Deletions include
redundant mentions and poor selections.
(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.
*Grammatical correction.
(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.
*Burning organic waste, such as wood, is a waste of resources. A variety of other
disposal options are available.
(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. Appropriate financial
guarantees acceptable to the city shall be required.
9
(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.
............ ~, ............ areas 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 1.5 times the canopy coverage area that
was removed.
*There have been several cases in which a developer has begun clearing before final
approval. This is a problem in case the subdivision isn't approved by the city.
(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 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 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 (DBH means diameter measured at breast height, 4.5 feet
above the ground), condition, location of all significant, ~pecial, 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.
10
*Locating all trees over six inches in diameter is consistent with the survey requirements
for building permits.
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:
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 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 eoumy ~ towards
the minimum canopy coverage for the site.
Base Line Canopy Coverage Per Acre
Comprehensive Plan Designation 80-- 60--79% 40--59% 20--39% 19% or
100% 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 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 one and two-tenths (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
CO~Tidors, on the north and west perimeters of the development, in common open areas,
or adjacent to park facilities.
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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.
*The Woodland Management Plan does not facilitate improved forestry management
procedures or increased awareness of building in wooded areas. It has not served the
purpose intended and should be eliminated.
(4)
n gin e ....... j ........................... t- ........ , ..... m- .............
..... ;~-~ ~-*~-~; .... ~ ....... *" In order to calculate the tree removal area
12
on the lot, the applicant must accommodate a sixty-foot by sixty-foot building
area or the average minimum building area consistent with the largest
building footprints approved as part of the development and an additional 15
foot construction envelope surrounding the building area.
· * Grading and tree removal is always misrepresented and underestimated on wooded
lots. This change would help minimize that problem. The intent is to recognize that the
tree impact area extends beyond the actual building. The fifteen feet accommodates the
use or a backhoe or bobcat around a house for grading and excavating purposes.
(5)
(6)
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 ~ ~~ 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 dgves ~}~ 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.
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 lc ..... at ....... ~: ...............
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. Failure to p~operly protect trees during
construction will result in a fine of $100 per diameter inch of tree(s) harmed,
removed or destroyed.
13
*It is unreasonable to require tree protection fencing located 12x the diameter of the
tree. This generally makes wooded lots unbuildable. Tree protection should be required,
but it's location should be field located at each site. While the city may be serious about
protecting trees during construction, many developers and builders are not. A penalty
for failing to protect trees is needed to quickly and effectively remedy the situation.
(7)
(8)
(9)
(10)
(11)
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. 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.
During the removal process, trees shall be removed so as to prevent blocking of
public rights-of-way or interfering with overhead utility lines.
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.
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 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 (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 one and one-half (1.5) 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 caliper with a minimum
one-and-one-half-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.
Financial guarantees acceptable to the city shall be required to ensure
satisfactory installation of landscaping requirements.
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*The city only requires guarantee of the landscaping installation. Stating it twice was
redundant.
Sec. 18-63. Surface water management.
(b)
In accordance with the city's surface water management plan as a condition of
subdivision approval, subdividers shall pay a water quality and water quantity
connection charge. The charge shall be based upon the gross area of the
subdivision less the area to be dedicated to the city for ponding, parks and
wetland, and right-of-way for state highways, county roads, and local arterial
roadways. The subdivision will be given a credit for any on site stormwater
improvement which has been oversized to serve property outside the subdivision.
The charge for lots oversized due to individual on site sewage disposal and water
systems will be reduced to the charge that would be imposed on a one-half (1/2)
acre lot. An additional charge will then be imposed if the lot is further subdivided
less a credit for the charge previously paid. The charge shall be paid in cash
before the subdivision is approved by the city unless the city and subdivider agree
that the charge may be assessed against the property. Property being subdivided
shall be exempt from the water quality and water quantity connection charges
imposed by this section if the charges were paid or assessed in conjunction with a
previous subdivision of the property and if the property is not being zoned to a
classification with a higher charge. The amount of this charge shall be
automatically adjusted each year on January 1 to reflect construction cost
changes in the local Minneapolis region as evidenced by the Engineering
News-Record Construction Cost Index.
*This change will allow the charge to be adjusted automatically based on changes to a
standard cost index.
Sec. 18-76, new subsection (d), Easements:
(d) The placement of any structure within easements is prohibited. Structures
may be allowed within an easement with an encroachment agreement if they
do not alter the intended use of the easement.
*Currently, staff does not allow the placement of any permanent structures (ie. decks,
retaining walls, sheds, etc.) within easements. Fences and other items may be allowed
through the use of an encroachment agreement. Staff will review the placement of each
proposed structure and, if they do not alter the intended use of the easement, will allow
the structure with an encroachment agreement.
Sec. 18-78. Required improvements. Subsection(b) (5)
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(5) Sidewalks may be required. SideWalks ~a~be loCated~nt°~l streets that
provide access to the trail sYStemS' ~°:~ Parks,~t° neighb°rhood '
commercial uses and to sch°ols, iT~ails maybe l°Ca~on Collector and
arterial streets and as off'street:c°nh~t%~to qty ParkSi: to neighborh;~d
commercial uses, to adjacent neighborhOodS and to Sch°~lS~~r~s desi~nat~
in the comprehensiVe plan,
*Staff is proposing that standards be established for sidewalks and trails. However, we
will submit these criteria to the Parks and Recreation Commission on 3/25/03 for review
prior to inclusion in the ordinance.
Sec. 18-79. Park land dedication requirements.
(f)
Land area conveyed or dedicated to the city shall not be used in calculating
density requirements of the~j~;~ ..... ~-,~,,~e~: .... ,,~,.~,,~,,,,-~: ..... chapter 20 and shall be in
addition to and not in lieu of open space requirements for planned unit
developments.
* MCC recommendation.
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