City Council Summary Ordinance 847 (Tree Canopy)ORDINANCE NO. 847
AN ORDINANCE AMENDING THE MONTICELLO CITY CODE TITLE IX: GENERAL REGULATIONS,
CHAPTER 92: PROPERTY MAINTENANCE, TITLE XV: LAND USAGE, CHAPTER 152: SUBDIVISION,
AND CHAPTER 153: ZONING ORDINANCE REGULATING THE PLANTING AND MAINTAINING OF
TREES AND TREE CANOPY
THE CITY COUNCIL OF THE CITY OF MONTICELLO ORDAINS:
SECTION 1. TITLE IX: CHAPTER 92 TREES AND SHRUBS is hereby amended as follows:
92.XX DEFINITIONS
BOUNDARY TREE. A tree that has been planted or naturally grown such that the boundary
line(s) between two or more properties passes through any portion of the trunk at the point
where the trunk emerges from the ground. The owners of the properties whose boundary
line(s) pass through the trunk shall be equally responsible for maintaining, and be considered
ioint owners of the tree.
BOULEVARD. "Boulevard" in reference to the strip of unpaved ground between the sidewalk
anrd rtrPPt_
CITY FORESTER. The "Tree Care Manager/City Forester" is a person or persons certified by the
Minnesota Commission of Agriculture to plan, direct, and supervise all requirements for
controlling shade tree diseases and general tree maintenance throughout the City. The Parks,
Arts and Recreation Director or designee shall be the City Forester.
CRITICAL ROOTZONE. The aF insi a the dFipliRe- of a t tee that GG14t ins its ts. The distance
from the trunk that equals one foot for every inch of the tree's diameter.
DBH (diameter at breast height). Tree diameter measured at 4.5 feet above soil level.
MAINTAIN, TREE. "Maintain" in reference to trees shall refer to but not be limited to pruning,
trimming, watering, application of fertilizers, pesticides and other chemicals, installation of
cabling and bracing systems, and performing other actions that may impact a tree"s growth.
PUBLIC TREES. "Public Trees" are trees, shrubs, bushes, and all other woody vegetation whose
trunk is located wholly or partially on Public Property, including but not limited to boulevard
strips, public building grounds, and public easements and rights -of -way.
PARK TREES. "Park Trees" are trees, shrubs, bushes, and all other woody vegetation in public
parks having individual names, and all areas owned by the City or to which the public has free
access as a park.
PRIVATE TREES. "Private Trees" are trees, shrubs, bushes, and all other woody vegetation
whose trunk is located wholly or partially on Private Property, including but not limited to
yards, common grounds, side lots, parking lots and green spaces owned by private citizens,
businesses, or HOAs located or operating within the City of Monticello.
SHADE TREE FUND. A fund established by the City into which fees collected from tree
preservation plan enforcement are placed, used to finance City planting and maintenance of
shade trees on public lands.
STREET TREES. "Street Trees" are trees, shrubs, bushes, and all other woody vegetation which
have been or will be planted in a public right-of-way by the City at the direction of the City
Forester.
TREE SAVEAREA. The area around a specimen tree defined as either the CRZ (critical root zone)
or the area that extends one linear foot around the tree's dripline.
TREE SIZES. A "Small Tree" is any plant material that will grow to a height and/or spread of
thirty (30) feet; a "Medium Tree" is any plant material that will grow to a height and/or spread
of thirty-one to and including fifty (50) feet; a "Large Tree" is any plant material that will grow
to a height and/or spread of over fifty (50) feet.
TREE, SIGNIFICANT. Any tree over 6" DBH for hardwood trees, over 8" for softwood trees, or
over 12' in height for conifers.
TREE, SPECIMEN. Any canopy tree with a DBH of -3624 inches or more and any understory or
ornamental tree with a DBH of #e-R eight 8 inches or more that is not exempted as a specimen
tree by this chapter, rated in fair or better condition and not of a species listed under
'Prohibited Trees For Planting' in the City of Monticello's Tree Manual.
UNPERMITTED TREE. Any tree on Public Property, including but not limited to boulevard strips,
public building grounds, and public easements and rights -of -way, planted without a properly
issued permit or as part of a Landscape Plan approved by the City of Monticello, or not planted
by City of Monticello staff, for which the City does not hold responsibility.
WOODLAND. A grouping or cluster of coniferous and/or deciduous trees with contiguous crown
cover, occupying 15,000 or more square feet of property, and composed of deciduous trees of
6 caliper inches or more, coniferous trees over 12 feet in height, and primarily of species not on
the Prohibited Trees for Planting list. Whether a grouping or cluster of trees with populations or
stands of species on the Prohibited Trees for Planting list meets the definition of "woodland"
shall be determined by the City Forester.
§ 92.46 PROHIBITED TREES.
It is lawful to plant only highly disease resistant species not of a species listed under 'Prohibited
Trees For Planting' in the City of Monticello's Tree Manual within the city limits with the
approval of the City Forester.
§ 92.47 ORDER TO TREAT OR REMOVE.
The city may order the trimming, treatment, or removal of trees or plants upon public or
private property when they shall determine that the action is necessary to the public safety or
necessary to prevent the spread of disease or of insects harmful to trees and shrubs. All tree
work shall be performed in accordance with ANSI A300 standards. In the case of Boundary
Trees, all parties considered joint owners of the tree(s) shall be considered equally responsible
for maintenance.
§ 92.48 REGULATIONS FOR PLANTING IN PUBLIC PLACES.
(A) Approval required. No tree shall be planted or placed on public property or right-of-way
without the approval of the City Forester.
(B) Permits.
(1) No person shall plant, e+ remove or otherwise maintain (including but not limited to
chemical treatments and cabling/bracing) trees or shrubs in public places without first filling
out an application and obtaining a permit from the city. All work shall be performed according
to the standards outlined in the City of Monticello's Tree Manual.
(2) The following provisions apply to the issuance of permits where required for planting in
public places.
(a) Application data. The application required herein shall state the number of trees or
plants to be planted or set out, the location, and specific name of each tree or plant.
(b) Standards for issuance. A permit shall be issued if it is found that the proposed
plantings will be in the best interest of the community.
(3) Any tree on Public Property, including but not limited to boulevard strips, public
building grounds, and public easements and rights -of -way, planted without a properly issued
permit or as part of a Landscape Plan approved by the City of Monticello, or not planted by City
of Monticello staff, shall be considered an Unpermitted Tree.
(a) If an Unpermitted Tree is found to have been planted or maintained in such a way
that violates the City of Monticello's standards as set forth in the Tree Manual and section
153.060 LANDSCAPING AND SCREENING., the city shall take no responsibility for the
maintenance or liability of the Unpermitted Tree.
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If Unpermitted Trees are brought to the city's attention, the city may order their trimming,
treatment, or removal.
(Prior Code, § 8-3-4) (Ord. 661, passed 2-13-2017) Penalty, see § 92.99
§ 92.49 REQUIREMENTS APPLICABLE TO TREES IN NEW SUBDIVISIONS.
(A) In new subdivisions, on lots with frontage on a single right-of-way, it is required that two
trees be planted per platted lot if no significant trees are in existence in the yard adjoining the
right-of-way. For lots with frontage on more than one right-of-way, it is required that four trees
be planted per platted lot if no significant trees are in existence in the yard adjoining the right-
of-way. Twe The required trees must be planted in the boulevard adjoining each yard having
street frontage, if adequate boulevard width exists in accordance with the standards set forth
in the Tree Manual. All plantings shall be done in accordance with the standards established in
§ 153.060 LANDSCAPING AND SCREENING of the City of Monticello municipal code of
ordinances. All landscape plant materials shall conform to the latest version of the American
Standard of Nursery Stock (ANSI Z60.1, as amended). Plant material shall be of standard quality
or better, true to name and type of species or variety.
(B)In subdivision plantings: ;et -fuss +�T ,e ,ore +a thFe— � �h-,� e
0 thaR 50% of the total tFees plaRted
a bleek may be ef the same species. GFily tFee-S listed in §92.46 shall be plaRted.
1. When fewer than 20 trees are required on a site, at least four different species shall be
utilized, in roughly equal proportions.
2. When more than 20 but fewer than 40 trees are required to be planted on site, at least
six different species shall be utilized, in roughly equal proportions.
3. When 40 or more trees are required on a site, at least eight different species shall be
utilized, in roughly equal proportions.
4. Nothing in this division shall be construed so as to prevent the utilization of a larger
number of different species than specified above.
5. All plantings shall be done in accordance with the standards established in § 153.060
LANDSCAPING AND SCREENING of the City of Monticello municipal code of ordinances.
(C) Required trees shall be planted in the boulevard at a location ranging from four feet to ten
feet from the curb. Precise location within this range to be determined by the city.
(D) Required subdivision trees must have a trunk diameter of at least two inches at one foot
above the ground.
(E) Required subdivision trees must be protected and supported by tree guards of approved
type.
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(F) No required subdivision tree shall be planted in soil too poor to ensure the growth of the
tree unless 27 cubic feet (three feet x three feet x three feet) of soil is removed and replaced
with suitable loam.
(Prior Code, § 8-3-5) (Ord. 267, passed 3-27-1995; Ord. 287, passed 3-24-1997)
§ 92.50 SHADE TREE DISEASE AND INSECT CONTROL.
(A) Forester duties. The powers and duties of the City Forester as set forth in this code are
hereby conferred upon the °,�aF'( SwpeFiRtend Parks, Arts and Recreation Director or their
designee. It is the duty of the Forester to coordinate, under the direction and control of the City
Council, all activities of the municipality relating to the control and prevention of shade tree
disease. The City Forester shall recommend to the Council the details of a program for the
control of shade tree disease and perform the duties incident to such a program adopted by the
Council.
(B) Program. It is the intention of the City Council to conduct a program of plant pest control
pursuant to the authority granted by M.S. § 18G13, as it may be amended from time to time.
This program is directed specifically at the control and elimination of Dutch elm disease fungus,
elm bark beetles, oak wilt, emerald ash borer and other tree diseases; and is undertaken at the
recommendation of the Commissioner of Agriculture and the Council in the conduct of this
program.
(C) Nuisance declared. The prevention, control, and abatement of Dutch elm disease, oak wilt
disease, emerald ash borer, and other tree diseases is necessary for the protection,
preservation, and conservation of public and private lands and the investment and benefit
therein, and to protect and promote the general welfare of the public and this community.
Therefore, the following conditions are hereby found and declared to be a public nuisance
wherever they exist in the city:
(1) Any living or dead elm tree or part thereof infected to any degree with the Dutch elm
disease fungus Certatocystits ulmi (Buisman) Moreau or which harbors any of the elm bark
beetles Scolytus multistriatus (Eichhh) or Hylugropinus rufipes (Marsh);
(2) Any dead elm tree or part thereof, including logs, branches, stumps, firewood, or other
elm material from which the bark has not been removed or burned;
(3) Any living or dead oak tree or part thereof infected to any degree with the oak wilt
fungus (Ceratocytis fagacearum); and/or
(4) Any living or dead fraxinus spp tree or part thereof infected to any degree with the
insect emerald ash borer (Agrilus planipennix) or any other tree species infected with a disease.
(D) Prohibition. It is unlawful for any person to permit any public nuisance as defined in
divisions (C)(1) through (C)(4) above to remain on any premises owned or controlled by such
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person within the city. The nuisances may be abated in the manner prescribed by this
subchapter.
(E) Inspection and investigation.
(1) The Forester shall inspect all premises and places within the city as often as practicable
to determine whether any condition declared in division (C) above to be a public nuisance exists
thereon.
(2) All reported incidents of infestation of Dutch elm fungus, the presence of elm bark
beetles, of infection by the oak wilt fungus or the presence of emerald ash borer, or other tree
infestations shall be promptly investigated.
(F) Entry on private premises. The Forester or his or her duly authorized agents may enter
upon private premises at any reasonable time for the purpose of carrying out any of the duties
assigned him or her under this subchapter, in accordance with § 10.20.
(G) Diagnosis. The Forester shall, upon finding conditions indicating Dutch elm disease or
other infestation, immediately send appropriate specimens or samples to the Commissioner of
Agriculture for analysis or take other steps for diagnosis as may be recommended by the
Commissioner. Except as provided in division (J) below, no action to remove infected trees or
wood shall be taken until positive diagnosis of the disease has been made.
(H) Abatement generally. No action to remove, destroy and dispose, or require the removal,
destruction, and disposal of elm trees, wood infected with Dutch elm fungus, oak trees infected
by oak wilt fungus or fraxinus spp (ash) trees or fraxinus spp (ash) wood harboring emerald ash
borer shall be taken until a reasonably certain diagnosis of the disease has been made. When
such reasonably certain diagnosis has been made, the infected tree or wood shall be removed,
destroyed, and disposed of in a manner which will effectively destroy and prevent as fully as
possible the spread of the Dutch elm or oak wilt disease fungus, or the spread of emerald ash
borer populations or other tree diseases will be handled by the recommendations of the
Commissioner of Agriculture.
(1) Presence of elm bark beetles or emerald ash borer. When the presence of elm bark
beetles has been discovered in or upon any living elm tree but the presence of Dutch elm
disease fungus is not then or thereafter diagnosed, the tree shall be treated in a manner which
will effectively destroy and prevent as full as possible the spread of the elm bark beetle. When
the presence of emerald ash borer has been discovered in or upon a living fraxinus (ash) tree,
the tree shall be treated in a manner which will effectively destroy and prevent as full as
possible the spread of the emerald ash borer. If the treatment is not or, because of the extent
of infestation, cannot be effective, the tree shall be removed, destroyed, and disposed of.
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(2) Dead elm or fraxinus (ash) trees, logs, stumps, and the like. Standing dead elm trees,
elm logs, branches, stumps, firewood, or other raw material from which the bark has not been
removed and which are not infected with Dutch elm disease fungus, shall have the bark
removed, destroyed, and disposed of or shall be treated in a manner which will effectively
destroy and prevent as fully as possible the spread of the elm bark beetle, emerald ash borer or
other diagnosed tree diseases. If the treatment is not effective, or, because of the extent of
infestation, cannot be effective, the trees, logs, branches, stumps, firewood, or other raw elm
material shall be removed, destroyed, and disposed of.
(3) Specifications and procedures. The City Forester shall establish specifications and
procedures for the removal, destruction, and disposal of trees and wood infected with Dutch
elm disease fungus, oak wilt fungus, or emerald ash borer for treating live elm or fraxinus (ash)
tree infested with elm bark beetles or emerald ash borers, and for removing, destroying, and
disposing of elm or fraxinus (ash) trees, logs, branches, stumps, firewood, and other raw elm
material. The specifications and procedures shall be consistent with current specifications and
procedures designated or approved by the Commissioner of Agriculture.
(1) Abatement on private or government property.
(1) Whenever a nuisance as defined in division (C) above is found to exist on private
property outside any public way in the city, or upon property owned and controlled by a
governmental unit other than the city, or in the case of Boundary Trees, the owners or
person(s) in control of the property shall be notified in writing by mail or by personal delivery
that the condition exists. If the Forester finds that the danger is not imminent, he or she shall
make a written report of his or her findings to the City Council prior to notifying the owner or
person in control of the property. If the Forester finds that danger is imminent, the Forester
shall notify the property owner first as soon as practicable. Once the letter is received by the
property owner, it is their responsibility to contact Public `^ eFks DepaFtment-City Hall and
arrange actions for removal. The notice states that if the nuisance is not abated by the owner or
person in control of the property within 2-030 days after receipt of the notice, in the manner
prescribed by the City Forester, the city by and through its City Council may enter upon the
premises and abate the nuisance in accordance with § 10.20 ENFORCEMENT. The notice further
states that the property owner shall be held liable for the cost of abatement plus an amount
determined by the Council to reimburse the city for its cost of inspection and eradication in
accordance with § 92.50M.
(2) If the owner or person in control of any private premises upon which a nuisance exists
does not abate or eliminate the same within 30 days after receipt of notification, the City
Council, its officers, employees, and agents shall proceed to have the nuisance properly abated
or eliminated. The owner or occupant has the right to appeal the determination that a public
nuisance exists by submitting a request in writing to the city clerk within seven (7) days after
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service of the notice, or before the date by which abatement must be completed, whichever
comes first. In cases of immediate danger, the city may provide for abatement without
following the notice and hearing process.
(1) Abatement on city property. Nuisances as defined in division (C) above which exist upon
property owned or controlled by the city, including public street rights -of -way, shall be abated
or eliminated by the City Council forthwith in accordance with established specifications and
procedures.
(K) Cost of abatement. If, pursuant to division (1) above, the City Council orders the removal or
abatement of a nuisance, the City Forester shall report the cost of the removal or abatement to
the Council and the expense thereof plus an amount determined by the Council to reimburse
the city for its cost of inspection and eradication shall be assessed by the Council upon the lot
or lots on which the nuisance was located, notice being first given by publication in the official
paper of the time and place that the assessment shall be made. The assessment procedure shall
be as prescribed by M.S. § 429.101, as it may be amended from time to time, and the
assessment shall be a lien on the lot or lots, and shall be returned and collected in the same
manner as other city taxes.
(L) Procedures for removal of infected trees and wood.
(1) Whenever the Forester finds with reasonable certainty that infestation defined in
division (C) above exists in any tree or wood in any public or private place in the city, he or she
shall proceed as follows:
(a) If the Forester finds that the danger of infestation of other elm trees is not imminent
because of elm dormancy, he or she shall make a written report of his or her findings to the City
Council which shall proceed by:
1. Abating the nuisance as a public improvement under M.S. Ch. 429, as it may be
amended from time to time; or
2. Abating the nuisance as provided in division (L)(2) below.
(b) If the Forester finds that danger of infestation of other elm trees is imminent, the
Forester shall notify the property owner by mail and/or by leaving notice at the property and
that the nuisance will be abated within a specified time, not less than 4ve 30 days from the
date of mailing of the notice. The Forester shall immediately report the action to the City
Council; and after the expiration of the time limited by the notice, the Forester may abate the
nuisance in accordance with § 10.20 ENFORCEMENT.
(2) Upon receipt of the Forester's report required by division (L)(1)(a), the City Council
shall by resolution order the nuisance abated. Before action is taken on a resolution, the
Council shall publish notice of its intention to meet to consider taking action to abate the
nuisance. This notice shall be mailed to affected property owners and published once not less
than one week prior to the meeting. The notice shall state the time and place of the meeting,
the streets affected, action proposed, the estimated cost of the abatement, and the proposed
basis of assessment, if any, of costs. At the hearing or adjournment thereof, the Council shall
hear property owners with reference to the scope and desirability of the proposed project. The
Council shall thereafter adopt a resolution confirming the original resolution with the
modifications as it considers desirable and provide for the doing of the work by day labor or by
contract.
(3) The Forester shall keep a record of the costs of abatements done under this section and
shall report monthly to the City Clerk all work done for which assessments are to be made
stating and certifying the description of the land, lots, and parcels involved and the amount
chargeable to each.
(4) On or before September 1 of each year, the City Clerk shall list the total unpaid charges
for each abatement against each separate lot or parcel to which they are attributable under this
subchapter. The City Council may then spread the charges or any portion thereof against the
property involved as a special assessment under M.S. § 429.101, as it may be amended from
time to time, and other pertinent statutes for certification to the County Auditor and collection
the following year along with current taxes.
(5) The City Council has determined that the health of the trees within the municipal limits
is threatened by a fatal disease known as Dutch elm disease, oak wilt, or emerald ash borer, or
other fatal tree disease. It has further determined that the loss of these trees growing upon
public and private property would substantially depreciate the value of property within the city
and impair the safety, good order, general welfare, and convenience of the public. It is declared
to be the intention of the Council to control and prevent the spread of this disease, and this
subchapter is being enacted for that purpose. It is declared to be the intention of the Council to
establish a policy for sharing in the cost of replacement tree(s) in the -,,,-,euRt of „p to $50 peF
pFepeFtThe City will provide two replacement trees per city lot during the spring tree sale.
Residents will need to arrange a final tree inspection with the City Forester to ensure the health
of the trees and confirm their planting.
(M) Spraying elm trees. Whenever the Forester determines that any elm tree or elm wood
within the city is infected with Dutch elm fungus, the Forester may treat all nearby high value
elm trees with an effective elm bark beetle destroying concentrate. Treating activities
authorized by this section shall be conducted in accordance with technical and expert opinions
and plans of the Commissioner of Agriculture and under the supervision of the Commissioner
and his or her agents whenever possible.
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(N) Transporting elm wood prohibited. It is unlawful for any person to transport within the city
any bark -bearing elm wood without having obtained a permit from the Forester. The Forester
shall grant permits only when the purposes of the subchapter will be served thereby.
(0) Interference prohibited. No person shall prevent, delay, or interfere with the Forester or
the Foresters agents while they are engaged in the performance of duties imposed by this
subchapter.
§ 92.51 ABUSE OR MUTILATION.
No person shall damage, cut, carve, kill, or injure the bark of any tree or plant on any public
property; attach any rope, wire, or other contrivance to any tree or plant on public property;
dig in or otherwise disturb public grass areas, or in any other way injure or impair the natural
beauty or usefulness of any area or public property; cause or permit any wire charged with
electricity or any gaseous, liquid, or solid substance harmful to trees or plants to come in
contact with them.
Violation of this Section shall be punishable in accordance with Minn. Stat. 561.04. Damages for
violation of this Section shall include the value of the damaged, injured, or removed tree, plants
and native grasses assessed according to Guide for Plant Appraisal, 101" Edition, Second Printing
by the Council of Tree & Landscape Appraisers or a fine equivalent to the cost of damage
mitigation work performed as deemed necessary by the City Forester.
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SECTION 2: TITLE XV: CHAPTER 152: SUBDIVISIONS is hereby amended as follows:
§ 152.040 PRELIMINARY PLAT.
The owner or subdivider shall prepare and submit a preliminary plat together with any
necessary supplementary information.
(A) Contents. The preliminary plat shall contain the following information:
(1) Proposed name of subdivision; names shall not duplicate or too closely resemble names
of existing subdivisions;
(2) Location of boundary lines in relation to a known section, quarter section, or quarter -
quarter section lines comprising a legal description of the property;
(3) Names and addresses of the record fee owner;
(4) Scale of plat not less than one inch to 100 feet;
(5) Date and north point;
(6) Project narrative; and
(7) Certificate of survey signed by a registered land surveyor and current within six months
of plat application to include legal description, all public utilities including pipe size, material
type, depths, location, and detail of private utilities or easements, any other easements of
record.
(B) Existing conditions plan.
(1) Boundary line of proposed subdivision clearly indicated and to a close degree of
accuracy;
(2) Existing zoning classifications for land within and abutting the subdivision;
(3) Location right -of -way width, and names of existing or planned streets, or other public
ways, parks, and other public lands, permanent buildings and structures, easements, school
districts, section and corporate lines within the plan and to a distance 350 feet beyond shall
also be indicated;
(4) Boundary lines of adjoining unsubdivided or subdivided land, within 350 feet, identified
by name and ownership, including all contiguous land owned or controlled by subdivider;
(5) Topographic data, including contours at vertical intervals of not more than two feet and
all surface features and structures. Watercourses, marshes, rock outcrops, delineated wetlands,
power transmission poles and lines, size, location, and elevation of all appurtenances of existing
public utilities and all quasi -public utilities, including the name and operating authority of each
utility, and other significant features shall be shown. U.S.G.S. data shall be used for all
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topographic mapping where feasible. (1929 sea level data shall be used for all topographic
mapping.) The flood elevation of all lakes, river, and wetlands shall also be shown;
(6) An accurate soil survey of the subdivision prepared by a qualified person;
(7) Location and size of existing sewers, water mains, culverts, storm sewer, or other
underground facilities within the tract and to a distance of 100 feet beyond the tract. Such data
as grades, invert elevations and locations of catch basins, manholes, and hydrants shall be
shown only on request;
(8) A survey prepared by a qualified person identifying tree coverage in the proposed
subdivision ,
and spaeffing. Decidueus tFees that aFe less thaR six ;Rches OR diameteF at a peiRt five feet. -above
ReseuFees- may e-exempted this-suvey; and shall be prepared. Any significant tree on the
property to be platted shall be inventoried and tagged with a unique identification number.
This number will be used to depict the tree locations on a map at the same scale as the grading
plan. The unique identification numbers shall be keyed to a chart showing location, species,
condition, size (DBH), and critical root zone (CRZ) of every significant tree on the property. Total
DBH inches of all inventoried trees shall be tallied and provided on the chart. In addition to
trees on said property, significant trees on adjacent property which have CRZs overlapping onto
said property must be inventoried. The chart and map shall specify which trees are to be
removed or preserved and reasoning for the decision. The map shall be provided as both a
separate sheet and as an overlay atop the grading plan. Special considerations and preservation
measures for trees to be preserved shall be described in the tree preservation plan and
depicted on both versions of the map. All significant Trees shall be noted.
(9) Wetland data report shall be required and must consist of a wetland delineation report
which identifies all wetlands, ponds, lakes, waterways, floodplains, and shorelines, and a
wetland functional assessment summary. The wetland data report must be submitted with the
preliminary plat.
(C) Proposed design features.
(1) A proposed grading plan showing the present and existing contours at two -foot contour
interval, together with off -site existing contours depicting drainage patterns entering the
proposed site, within 200 feet or more of the proposed subdivision is required unless waived by
the City Engineer. If determined to be necessary by the City Engineer, one -foot contours may be
required for proposed grading plans in order to ensure property drainage. High and low point
elevations and emergency overflow elevations and routes shall be provided. The proposed
grading plan shall demonstrate a design for the subdivision that respects the natural
topography, and preserves existing trees, wetlands, and other natural features;
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(2) Layout of proposed streets showing the right-of-way widths, centerline gradients,
typical cross -sections, and proposed names of streets. The name of any street heretofore used
in the county or its environs shall not be used unless the proposed street is a logical extension
of an already named street, in which event the same name shall be used. Street names conform
to the master street name and numbering system as adopted;
(3) Locations and widths of proposed streets and pathways;
(4) Layout, numbers, and preliminary dimensions of lots and blocks and dimensions of
street frontage;
(5) Tabulation of the acreage of the full subdivision;
(6) Tabulation statement of the approximate square footage and dimensions of the
individual lots;
(7) Minimum front and side street building setback lines. When lots are located on a curve,
the width of the lot is measured at the building setback line;
(8) For each lot, specify building type, finished floor elevations, and lowest opening
elevations.
(9) Areas, other than streets, alleys, pathways, and utility easements intended to be
dedicated or reserved for public use, including the size of the area or areas in acres;
(10) Proposed location and routing of proposed sewer lines and identification of gravity
mains orforcemains;
(11) Proposed location and routing of proposed water mains;
(12)
plaRted. landscaping and vegetation plan prepared per the requirements of 153.060(D) and
(E) and a tree protection plan prepared per the requirements of 153.061.
(13) A stormwater management plan and erosion and sediment control plan in accordance
with the requirements of the city's Design Manual and per zoning ordinance Chapter 4.10; and
(14) Open space and landscaping plan.
(D) Other information.
(1) The applicant shall supply proof of title in a form approved by the City Attorney and the
legal description of the property for which the subdivision is requested and, as applicable,
supply documented authorization from the owner(s) of the property in question to proceed
with the requested subdivision;
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(2) Statement of the proposed use of lots stating type of residential buildings with number
of proposed dwelling units and type of business or industry, so as to reveal the effect of the
development on traffic, fire hazards, and congestion of population;
(3) If any zoning changes are contemplated, the proposed zoning plan for the areas;
(4) (a) Where the subdivider owns property adjacent to that which is being proposed for
the subdivision, the Planning Commission shall require that the subdivider submit a sketch plan
of the remainder of the property so as to show the possible relationships between the
proposed subdivision and the future subdivision; and
(b) In any event, all subdivisions shall be shown to relate well with existing or potential
adjacent subdivision.
(5) Where structures are to be placed on large lots (over 30,000 square feet), the
preliminary plat shall indicate placement of structures so that lots may be further subdivided;
(6) Where potential subdivision and use of excessively deep (over 300 feet) lots exist, the
preliminary plat shall indicate placement of structures so that lots may be further subdivided;
(7) A copy of all proposed private restrictions and covenants; and
(8) Other information as may be requested by the engineer, surveyor, or Planning
Commission.
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SECTION 3: TITLE XV: ZONING ORDINANCE is hereby amended as follows:
§ 153.012 DEFINITIONS.
CITY FORESTER. The "Tree Care Manager/City Forester" is a person or persons certified by the
Minnesota Commission of Agriculture to plan, direct, and supervise all requirements for
controlling shade tree diseases and general tree maintenance throughout the City. The Parks,
Arts and Recreation Director or designee shall be the City Forester.
CRITICAL ROOTZONE. The a :"side the dripline ^f - tree �that eentains itsreetTThe distance
from the trunk that equals one foot for every inch of the tree's diameter.
DBH (diameter at breast height) . Tree diameter measured at 4.5 feet above soil level.
SHADE TREE FUND. A fund established by the City into which fees collected from tree
preservation plan enforcement are placed, used to finance City planting and maintenance of
shade trees on public lands.
STREET TREES. "Street Trees" are trees, shrubs, bushes, and all other woody vegetation which
have been or will be planted in a public right-of-way by the City at the direction of the City
FnrPttPr_
TREESAVEAREA. The area around a specimen tree defined as either the CRZ (critical root zone)
or the area that extends one linear foot around the tree's dripline.
TREE SIZES. A "Small Tree" is any plant material that will grow to a height and/or spread of
thirty (30) feet; a "Medium Tree" is any plant material that will grow to a height and/or spread
of thirty-one to and including fifty (50) feet; a "Large Tree" is any plant material that will grow
to a height and/or spread of over fifty (50) feet.
TREE, SIGNIFICANT. Any tree over 6" DBH for hardwood trees, over 8" for softwood trees, or
over 12' in height for conifers rated in fair or better condition and not of a species listed under
"Prohibited Trees for Planting" list within the City of Monticello's Tree Manual.
TREE, SPECIMEN. Any canopy tree with a DBH of -- 24 inches or more and any understory or
ornamental tree with a DBH of t-eR eight 8 inches or more that is not exempted as a specimen
tree by this chapter, rated in fair or better condition and not of a species listed under
'Prohibited Trees For Planting' in the City of Monticello's Tree Manual.
WOODLAND. A grouping or cluster of coniferous and/or deciduous trees with contiguous crown
cover, occupying 15,000 or more square feet of property, and composed of deciduous trees of
6 caliper inches or more, coniferous trees over 12 feet in height, and primarily of species not on
the Prohibited Trees for Planting list within the City of Monticello's Tree Manual. Whether a
grouping or cluster of trees with populations or stands of species on the Prohibited Trees for
Planting list meets the definition of "woodland" shall be determined by the City Forester.
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§ 153.060 LANDSCAPING AND SCREENING.
(C) General requirements for landscaping.
(1) Applicability of landscaping standards.
(a) General. Except as exempted by § 153.060(C)(1)(b) below, the standards in § 153.060
shall apply to all development in the city.
(b) Exemptions. Development in the CCD shall be exempt from the perimeter vehicular
use area landscaping standards in § 153.060(F)(3).
(c) Landscape plan. To ensure compliance with the standards of this section, a landscape
plan demonstrating how landscaping will be planted on a development site shall be included as
a part of any application when required by the Community Development Department.
(2) Planting standards. Plantings provided in accordance with this section shall comply with
the following standards:
(a) Deciduous canopy or shade trees shall be a minimum of two caliper inches in size at
the time of planting, as determined in the American Standard for Nursery Stock, ANSI Z60.1-
2004, as amended.
(b) Evergreen canopy trees shall be a minimum of six feet in height above ground level at
the time of planting.
(c) Understory or ornamental trees shall have a caliper of one -and -one half inches at time
of planting, as determined in the American Standard for Nursery Stock, ANSI Z60.1-2004, as
amended.
(d) Deciduous or evergreen shrubs shall be upright in nature and be a minimum of 24
inches in height at the time of planting.
(e) In cases where an aggregate caliper inch (ACI) requirement is utilized to derive a
required amount of vegetation, and the ACI figure includes a fraction, an applicant may:
1. Utilize a tree or trees with a caliper inch measurement exceeding the minimum size
at time of planting standard of § 153.060(C) in order to meet the required ACI; or
2. Round the ACI figure upwards until the figure corresponds with a whole number of
trees meeting the minimum size at time of planting standard. When trees exceeding the
minimum size at time of planting standard are proposed, the minimum calipers of such trees
shall be clearly noted on the Landscaping Plan.
(f) In cases where application of landscaping requirements result in a fraction in the
number of shrubs to be provided, the minimum number of shrubs or trees to be provided shall
be rounded upwards to the next highest whole number.
f:O
(g) All landscape plant materials shall conform to the latest version of the American
Standard of Nursery Stock (ANSI Z60.1, as amended). Plant material shall be of standard quality
or better, true to name and type of species or variety.
(h) The use of native, drought tolerant vegetation is encouraged to reduce dependency
upon irrigation.
(i) To curtail the spread of disease or insect infestation in a plant species, new tree
plantings shall comply with the following standards:
1. When fewer than 20 trees are required on a site, at least twe-four different species
shall be utilized, in roughly equal proportions.
2. When more than 20 but fewer than 40 trees are required to be planted on site, at
least twee -six different species shall be utilized, in roughly equal proportions.
3. When 40 or more trees are required on a site, at least fetes -eight different species
shall be utilized, in roughly equal proportions.
4. Nothing in this division shall be construed so as to prevent the utilization of a larger
number of different species than specified above.
(j) Required species.
1. All trees used in site developments shall be indigenous to the appropriate hardiness
zone and physical characteristics of the site.
2. All deciduous trees proposed to satisfy the minimum requirements of this policy shall
be long-lived hardwood species.
3. No species listed under 'Prohibited Trees For Planting' in the City of Monticello's Tree
Manual shall be planted.
(3) Existing vegetation.
(a) It is the policy of the City of Monticello to preserve the natural forest and woodland
areas throughout the city; and with respect to specific site development, to retain, as far as
practicable, substantial tree stands which should be incorporated into the site. Areas meeting
the definition of Woodland as outlined in section 153.012 DEFINITIONS shall be subiect to the
guidelines set forth in 153.061 (2)(a) Woodland Preservation.
(b) Existing healthy, well -formed canopy and understory trees as well as healthy shrubs
shall be credited toward the requirements of this section, provided the vegetation meets the
minimum size standards of this chapter, is protected before and during development of the site
in accordance with § 153.061(B), Tree Protection During Construction, and is maintained
thereafter in a healthy growing condition.
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(4) Stabilization. All required landscape planting areas and required yards shall be stabilized
and maintained with lawn, ground covers, mulches, or other approved materials to prevent soil
erosion and allow rainwater infiltration.
(5) Berms.
(a) The slope of all berms shall not exceed a two -to -one ratio (horizontal to vertical), shall
have a top width at least one-half the berm height, and a maximum height of four feet above
the toe of the berm.
(b) All berms, regardless of size, shall be stabilized with a ground cover or other suitable
vegetation.
(c) Berms proposed to be placed along street right-of-way shall be designed and
constructed to provide adequate sight distances at intersections and shall not impair safe
operation of vehicles.
(d) Berms shall in no case damage the roots or trunks of existing healthy vegetation
designated to be preserved.
(6) Easements. Nothing except groundcover shall be planted or installed within any
underground or overhead utility, drainage, gas easement, or within three feet of a fire
protection system without the consent of the utility provider, easement holder, or the city, as
appropriate.
(7) Ground cover when no landscaping or site plan is required. All areas not otherwise
improved in accordance with approved site or landscaping plans shall be seeded or sodded with
lawn cover, except for managed natural landscapes as defined in M.S. § 412.925. Other
exceptions to this criterion may be approved by the Community Development Department as
follows:
(a) Undisturbed areas containing existing viable natural vegetation which can be
maintained free of foreign and noxious plant materials.
(b) Areas designated as open space or future expansion areas properly planted and
maintained with prairie grass.
(c) Use of mulch materials such as bark, rock mulch over four mil poly, and wood chips in
support of shrubs and foundation plantings.
(D) Landscaping plan requirements.
(1) Detailed landscape plans shall be required as specified in this chapter and in all cases
where site plan approval is specified by either this chapter or the subdivision ordinance.
(a) The landscape plan should illustrate planned development on the site; and
(b) The landscape plan shall be produced on a separate sheet or sheets from other
required plans such as grading, drainage, and utility plans.
(2) Detailed landscape plans shall include the following information:
(a) In general.
1. Name and address of developer/owner.
2. Name and address of architect/designer.
3. Date of plan preparation.
4. Dates and description of all revisions.
5. Name of project or development.
6. Scale of plan (engineering scale only, at one inch equals 50 feet or less).
7. North point indication.
(b) Site analysis.
1. Boundary lines of property with dimensions based upon certified survey.
2. Name and alignment of proposed and existing adjacent on -site streets.
3. Location of existing and proposed utility rights -of -way, easements, and lines (water,
gas, electric).
4. Location of existing and proposed building.
5. Topographic contours of the minimum interval of two feet, extending at least 100
feet beyond the site boundaries.
6. Location of existing and proposed parking facilities, including curbing detail and
traffic island delineators.
7. Location of existing and proposed water bodies.
8. Location of existing and proposed sidewalks, trail corridors, and fire lanes.
9. Other existing or proposed conditions which would be expected to affect
landscaping.
10. Percentage of gross site area not covered by structures and pavement and
percentage of gross site area covered by pervious and impervious surfaces.
(c) Landscape data.
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1. Planting schedule (table) containing symbols, quantities, common names, botanical
names, sizes of plant material, root specification (b.r., 6 & B, potted, etc.) and special planting
instructions.
2. Existing trees and shrubbery, locations, common names, and approximate size.
3. Planting detail (show all species to scale at normal mature crown diameter or spread
for local hardiness zone).
4. Typical sections in details of fences, tie walls, planter boxes, tot lots, picnic areas,
berms, and the like.
used.
5. Typical sections of landscape islands and planter beds with identification of materials
6. Details of planting beds and foundation plantings.
7. Note indicating how disturbed soil areas will be restored through the use of sodding,
seeding, or other techniques.
8. Delineation of both sodded and seeded areas with respective areas in square feet.
9. Coverage plan for underground irrigation system, if any.
10. Exterior lighting plan (as applicable).
(E) Standards for site landscaping.
(1) Purpose and intent. Site landscaping material is intended to soften the visual impact of
building foundations and provide for the even dispersal of trees across a development site.
(2) No exceptions. The site landscaping provisions of § 153.060(H) shall be required for all
development.
(3) Distinguished from other required landscaping. Site landscaping, for the purpose of this
section, is exclusive of required perimeter buffer and screening landscaping. Plantings required
to meet vehicular use area and perimeter vehicular use area landscaping standards can be
counted towards meeting site landscaping requirements.
(4) Site landscaping standards. Site landscaping shall be supplied in the amounts identified
in Table 4-4: Required Site Landscaping Plantings. Site landscaping shall meet the minimum size
standards for new planting specified in § 153.060(C)(2), Planting Standards.
TABLE 4-4: REQUIRED SITE LANDSCAPING PLANTINGS
Use Type [1] Required Plantings Per Site [2][3][4]
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TABLE 4-4: REQUIRED SITE LANDSCAPING PLANTINGS
Use Type [1]
Required Plantings Per Site [2][3][4]
General Standards
Single-family detached and
4.0 ACI of canopy trees per street frontage per unit OR
Multi -family dwellings with
[7]
less than five (5) units [5] [6]
Multi -Family Dwellings with
16.0 ACI of canopy trees (including at least 3 evergreen trees) per
five (5) or more units
acre + at least 2 shrubs per each 10 feet of building perimeter, or
as may be otherwise specified in the zoning district
Civic & Institutional Uses
14.0 ACI of canopy trees (including at least 2 evergreen trees) per
acre + at least 1 shrubs per each 10 feet of building perimeter
Office & Commercial Uses
10.0 ACI of canopy trees (including at least 1 evergreen tree) per
acre + at least 2 shrubs per each 10 feet of building perimeter
Industrial Uses
4.0 ACI of canopy trees (including at least 1 evergreen tree) per
acre + at least 1 shrub per every 10 feet of a building wall facing a
public right-of-way
District Specific Standards
N District lot standards
See § 153.060(J)(2)
(all plantings must be in the
front or side yards, and all
shrub and flower plantings
must be in the front yard)
CCD lot standards
See § 153.060(J)(3)
IBC District lot standards
See § 153.060(J)(4)
NOTE: ACI = Aggregate Caliper Inches
[1]: See Table 5-1, Uses By District.
[2]: At least % of the required shrubs shall be of an evergreen variety.
21
[3]: Each evergreen tree meeting the minimum size standards of this section shall count as two
caliper inches towards the total number of required canopy tree caliper inches.
[4]: Credits towards required landscaping are available for the retention of non -specimen trees
per the provisions of § 153.61(D), Tree Preservation Incentives.
[5]: Required landscaping trees shall be planted within the boulevard.
[6]: Lots in the T-N District shall not adhere to these standards, but instead to the specific
standards listed in § 153.61(J)(2).
I[7]: Required Plantings for corner lots shall be double the listed requirements (8.0 ACI of
canopy trees)
§ 153.061 TREE PROTECTION.
(A) Purpose. The purpose of this section is to preserve existing natural resources of the
community and to encourage the greening of the city. The City Council finds that the
preservation of trees and other vegetation, where practicable, is in the best interest of city
residents' health and welfare. To that end, the City Council has found it necessary and desirable
to establish regulations to ensure the city preserves its most significant trees and clusters of
exiting trees throughout the city.
(B) Protection of specimen trees.
(1) Applicability.
(a) In general. All development in the city, except that exempted in accordance with §
153.061(B)(1)(b) below, shall be required to protect specimen trees in accordance with this
section.
(b) Exemptions. The following development shall be exempt from these standards:
1. Development on land within the CCD zoning district and all other e^,-,.,, eFeiall y and
2. Development on land containing an existing single-family detached residential
dwelling on a lot -of -record which cannot be further subdivided.
(2) Separate plan required. The e-a- ' , species, and ci-' „f -," S .. trees t„ h�
pFeteGtieR plan eleaFly depietiRg all FequiFed ihfor.m.-,ti„n Every significant tree on the property
where the permit is being applied for shall be inventoried and tagged with a unique
identification number. This number will be used to depict the tree locations on a map at the
WA
same scale as the grading plan. The unique identification numbers shall be keyed to a chart
showing location, species, condition, size (DBH), and critical root zone (CRZ) of every significant
tree on the property. Total DBH inches of all inventoried trees shall be tallied and provided on
the chart. In addition to trees on said property, significant trees on adjacent property which
have CRZs overlapping onto said property must be inventoried. The chart and map shall specify
which trees are to be removed or preserved and reasoning for the decision. The map shall be
provided as both a separate sheet and as an overlay atop the grading plan. Special
considerations and preservation measures for trees to be preserved shall be described in the
tree preservation plan and depicted on both versions of the map. All significant trees shall be
noted.
(a) Woodland Preservation - Significant trees to be preserved in areas meeting the
definition of "woodland" shall be exempt from inventory requirements except where
removal is proposed in which case specimen trees shall be inventoried as described
above, as well as any significant trees whose CRZ will be impacted by development. If
more than 50% of the total area of woodland is to be cleared, specimen and significant
trees shall be replaced according to the guidelines set forth in § 153.061 (13)(5)
Replacement trees required.
(3) General requirement.
(a) No specimen tree may be removed, and no more than 50% of the total significant tree
DBH inches inventoried shall be removed for residential developments, and no more than 75%
for commercial or industrial developments, except in accordance with § 153.061(B)(4), Removal
of a Specimen Tree ("specimen tree" is defined in § 153.012). Removal of a specimen tree or
significant tree shall be subject to the following requirements ("specimen tree" and "significant
tree" is defined in § 153.012).
(b) All specimen trees and significant trees shall have the following protections, whether
located on public or private land:
1. Cutting, removal, or harm prohibited. Specimen trees and significant trees shall not
be cut, removed, pushed over, killed, or otherwise harmed.
2. Paving or soil compaction prohibited. The area within the dripline of any specimen
tree and significant trees shall not be subject to paving or soil compaction greater than 10% of
the total area within the dripline, or within 12 feet of the tree trunk.
(4) Removal of a specimen tree or significant tree. Specimen trees and significant trees may
be removed if the landowner demonstrates to the Community Development Department that
one of the following sets of conditions is met:
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(a) Removal of a healthy specimen tree or significant tree beyond the allowable removal
allotment. A specimen tree or significant tree that is in healthy condition may only be removed
if a4-either of the following standards are met:
1. The specimen tree or significant tree prevents development of a lot platted prior to
the effective date of this chapter as denoted in § 153.004 in a way that limits building area to
less than otherwise allowed, or hinders compliance with the standards in §§ 153.040 through
153.0471 §§ 153.060 through 153.072, and §§ 153.090 through 153.093.
2. Mitigation is provided in accordance with § 153.061(B)(5), Replacement/Mitigation of
Specimen Trees and Significant Trees. Such mitigation shall be counted toward the landscaping
and screening requirements required by this ordinance for the development.
(b) Removal of a severely diseased, high risk, or dying specimen tree or significant tree. A
specimen tree or significant tree that is certified as being severely diseased, high risk, or dying
by +;f;„d aFbeFist an ISA Certified ArboristcR' may be removed without required mitigation.
(5) Replacement/mitigation of specimen trees and significant trees. Those causing the
destruction or removal of a healthy specimen tree or significant tree, unless exempted by this
chapter, shall be responsible for the following mitigation:
(a) Replacement trees required.
1. Each healthy specimen tree or significant tree removed or destroyed shall be
replaced
ealipeF i„^"As at a rate of 1:1 aggregate caliper inch (ACI) to removed DBH inches, e.g. removal
of a 24" DBH tree shall require planting of 12 x 2" caliper trees. All plantings shall be done in
accordance with the standards established in § 153.060 LANDSCAPING AND SCREENING of the
City of Monticello municipal code of ordinances. In cases where the ACI figure includes a
fraction, an applicant may follow the guidelines in section 153.06(C)(2)(e).
2. The required replacement trees shall be planted within 12 months of the removal or
destruction of the specimen tree.
3. Boulevard trees removed or destroyed shall be replaced at a 1:1 ratio (one new tree
for each tree removed) due to planting space restrictions. If replanting sites available are found
to violate the standards for boulevard tree plantings set forth in the Tree Manual or are
otherwise unsuitable, alternative plantings sites may be required. Planting in a location where a
stump was recently removed should be avoided, if possible. Pending approval by the City
Forester replanting requirements may be substituted with the payment of a fee equivalent to
the replanting cost of trees and labor, to be paid to the City Shade Tree Fund.
(b) Location of replacement trees. Replacement trees shall be either planted on the parcel
of land from which the specimen tree was removed if sufficient space is available, or placed on
24
nearby lands in accordance with § 153.060(E), Alternative Landscape Plan. If soil quality is
determined to be non -conducive to tree root development by the City Forester, soil
replacement or improvement measures may be required. Pending approval by the City
Forester, replanting requirements may be substituted with the payment of a fee equivalent to
the replanting cost of trees and labor, to be paid to the City Shade Tree Fund.
(c) Establishment period. Replacement trees shall be maintained through an
establishment period of at least two complete growing seasons. The applicant shall guarantee
the survival and health of all replacement trees during the establishment period and guarantee
any associated replacement costs. If the replacement trees do not survive the establishment
period, the applicant shall purchase and install new replacement trees.
(C) Tree protection during construction.
(1) Owner's responsibility. During development, the owner or developer shall be
responsible for the erection of any and all barriers necessary to protect any existing or installed
vegetation from damage both during and after construction.
(2) Tree protection fencing and tree save areas.
(a) Where required. Specimen trees, significant trees, and other existing trees being used
for credit towards landscaping requirements shall be fenced with a sturdy and visible fence
before grading or other development activity begins. Fencing shall be erected no closer than
one linear foot to the tree's dripline or CRZ. The Community Development Department shall
consider the existing site conditions in determining the exact location for tree protection
fencing. Areas located inside of tree protection fencing are considered "tree save areas".
(b) Inspection. All tree protection measures shall be inspected and approved by the city
prior to start of any land disturbing activities. Failure to have tree protection measures
approved prior to the commencement of construction is a violation of this chapter.
(c) When required. No construction, grading, equipment or material storage, or any other
activity shall be allowed within the tree save (fenced) area without the approval of an ISA
Certified Arborist° or the City Forester. Fencing shall be maintained until after the final site
inspection.
(3) Encroachments into tree save areas. Encroachments into specimen tree save areas shall
occur only when no other alternative exists. If such an encroachment is anticipated, the
following preventive measures shall be employed with the approval of an ISA Certified
Arborist° or the City Forester:
(a) Soil compaction. Where compaction might occur due to construction traffic or
materials delivery through a tree save area, the area must first be mulched with a minimum
25
four inch layer of wood chips. Equipment or materials storage shall not be allowed within a tree
save area.
(b) Fill. No fill shall be placed within a specimen tree save area without adequate venting
to allow air and water to reach the roots.
(c) Chemical contamination. Trees located within a specimen tree save area shall be
protected from chemical contamination from liquids or other materials, including but not
limited to paint, chemical solvents, gasoline, oil, diesel fuel, hydraulic fluid, concrete spoils, or
rinse water from vehicle cleaning, including rinsing of concrete truck tanks and chutes.
(d) Paving limitations. Except for driveway access points, sidewalks, curb, and gutter; no
paving shall occur within five feet of a specimen tree save area unless authorized through an
alternative landscaping plan [See § 153.060(E), Alternative Landscaping Plan].
(D) Tree preservation incentives.
(1) Tree preservation credits. In order to encourage the preservation of as many healthy
trees as practical on a development site, credit towards the minimum landscaping
requirements shall be applied to all existing trees retained on a site that are not specimen trees
that comply with the credit standards of this division. Credits are offered only for trees that are
not required to be retained by other sections of this chapter. Credits shall be granted in
accordance with the following standards:
(a) Credit amount. A credit of one -and -one -quarter multiplied by the aggregate caliper of
trees that are not specimen trees shall be credited and applied towards the landscaping
standards in § 153.060, Landscaping and Screening, when the trees that are saved comply with
the following minimum size standards:
1. Canopy trees. Canopy trees, whether deciduous or evergreen, of seven inches in
caliper or greater, measured six inches above ground level.
2. Understory/ornamental trees. Understory or ornamental trees, whether deciduous or
evergreen, of four inches in caliper or greater, measured four inches above ground level.
(b) Credit applied towards required plantings. The credit shall be applied to the aggregate
tree caliper inch standards for landscaping. In no case shall credits substitute for more than
75% of the required landscaping material.
(c) Exclusions to credit provisions. Dead, dying or diseased trees shall not be used towards
crediting.
(2) Reduction in the minimum number of required parking spaces. Up to a 5% reduction in
the number of off-street parking spaces required on a development site shall be allowed if the
reduction in the amount of required pavement will preserve the root zones of existing healthy
26
specimen trees. The amount of reduction can be determined only after taking into
consideration any unique site conditions and the impact of the reduction on parking needs for
the use, and must be agreed upon by both the applicant and the Community Development
Department. Alternative paving materials may be required by the Community Development
Department in cases where required parking areas encroach upon root zones.
SECTION 4. The City Clerk is hereby directed to make the changes required by this Ordinance as
part of the Official Monticello City Code, Title IX, Chapter 92 Property Maintenance, Title XV,
Chapter 152, Subdivision Ordinance, Title XV, Chapter 153, Zoning Ordinance, and to renumber
the tables and chapters accordingly as necessary to provide the intended effect of this
Ordinance. The City Clerk is further directed to make necessary corrections to any internal
citations that result from said renumbering process, provided that such changes retain the
purpose and intent of the Zoning Ordinance as has been adopted.
SECTION 5. This Ordinance shall take effect and be in full force from and after its passage
and publication. The ordinance in its entirety and map shall be posted on the City website after
publication. Copies of the complete Ordinance and map are available online and at
Monticello City Hall.
Adopted by Monticello City Council the 28t" day of April, 2025.
ATTEST:
(je'nife'r'%eibr City Clerk
AYES: Gabler, Hilgart, Hinz, and Martie
NAYS: Christianson
27
Lloyd Hilgart, May