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Sec. 126-349. Woodland and significant tree protection. <br /> (a) Findings and purpose. The city recognizes that preservation and replanting of trees is important on new <br /> development sites in order to maintain a healthy and desirable community. The purposes of tree <br /> preservation regulations are: <br /> (1) Prevention of soil erosion; <br /> (2) Improvement of air quality; <br /> (3) Energy conservation through natural insulation and shading; <br /> (4) Increased property values; <br /> (5) Protection of privacy by maintaining and establishing buffers between conflicting uses; and <br /> (6) Providing habitat for wildlife. <br /> (b) Scope. The regulations contained in this section shall apply to all properties involving a site plan application <br /> or preliminary plat/lot division application resulting in the creation of one or more new development parcels <br /> and to property during construction after subdivision or when not connected with subdivision. <br /> (c) Heritage trees. <br /> (1) Upon nomination by any person and with the written consent of the property owner,the city council, <br /> after public hearing, may designate a tree as a heritage tree.A tree may be designated as a heritage <br /> tree upon a finding that it is unique and of importance to the community due to any of the following <br /> factors: <br /> a. It is an outstanding specimen of a desirable species; <br /> b. It is one of the largest or oldest trees in the city; or <br /> C. It possesses distinctive form, size,age, location, and/or historical significance. <br /> (2) After city council approval of a heritage tree designation,the property owner shall execute and record <br /> with the county recorder or,if appropriate,the county registrar of titles, a conservation easement of <br /> unlimited duration pursuant to Minn. Stats. ch.84C over said tree.A listing of trees so designated, <br /> including the specific locations thereof,shall be kept by the community development department. <br /> Once designated,a heritage tree shall be subject to the provisions of this section unless removed from <br /> the list of heritage trees by action of the city council.The city council may remove a tree from the list <br /> upon its own motion or upon written request by the property owner. <br /> (d) Intent. <br /> (1) Developments, structures,utilities, and all other site activities must be designed,installed and <br /> constructed so that the maximum number of trees are preserved on all lots or parcels with special <br /> emphasis on the following: <br /> a. Specimen trees(trees larger than 24 inches DBH); <br /> b. Heritage trees; and <br /> C. Trees and/or woodlands that serve as a buffer between existing and proposed subdivisions. <br /> (2) Flexibility of city standards shall be considered when possible to ensure the preservation of the <br /> maximum number of trees. <br /> Created: 2023-02-13 14:08:08 [EST] <br /> (Supp. No. 11) <br /> Page 1 of 4 <br />