Title
Amending Title IV of the Administrative Code to add Chapter 92, titled Tree Preservation for City Sponsored Projects.
Body
SECTION 1
WHEREAS, trees provide critical benefits to the public, including purifying the air, storing carbon, protecting soil from erosion, reducing the urban heat island effect, providing habitat for wildlife, helping to manage storm water, and providing shade and beauty to the city; and
WHEREAS, Saint Paul’s tree canopy has been devastated by the spread of Emerald Ash Borer; and
WHEREAS, heat islands are urbanized areas that experience higher temperatures than areas with tree canopy cover, due to the absorption of the sun’s heat in buildings, roads and other structures; and
WHEREAS, according to the 2019 Saint Paul Climate Action & Resilience Plan, the greatest risk of exposure to extreme heat is in areas across the city with less dense vegetation and tree canopy cover - namely, portions of downtown Saint Paul, Frogtown, Greater East Side, and Dayton’s Bluff neighborhoods, many of which are also low-income neighborhoods, and on the southern edge of Highland Park; and
WHEREAS, heat islands lead to poor air and water quality, higher energy costs, and an increase in heat-related illnesses, deaths, and negative health outcomes; and
WHEREAS, resiliency strategies within the 2019 Saint Paul Climate Action & Resilience Plan include accelerating tree replacement programming in neighborhoods most impacted by the urban heat island effect; prioritizing tree planting in areas of concentrated poverty and low tree canopy coverage; and supporting early maintenance and care of trees; Now, therefore be it
RESOLVED, that the Council of the City of Saint Paul does hereby ordain:
SECTION 2
Title IV - POLICIES AND PROCEDURES of the Saint Paul Administrative Code is hereby amended to add Chapter 92, titled Tree Preservation for City Sponsored Projects as follows:
Sec. 92.1. Council Finding of Need.
The Council finds that a healthy tree canopy is vital to every City neighborhood. A healthy tree canopy provides numerous benefits by improving urban air quality, lowering surface temperatures, reducing cooling and heating costs, reducing greenhouse gases, providing wildlife habitat, increasing property values, enhancing the appearance and attractiveness of the City’s physical environment and positively impacting the mental and physical health of City residents and visitors alike. The Council further finds that the City must therefore undertake management practices that can sustain and enhance the City’s tree canopy by adopting policies and specifications to manage the tree canopy on right-of-way and parkland whenever public improvement projects are undertaken by City departments or where the City contributes funds for public improvement projects on right-of-way or parkland.
Sec. 92.2. Statement of Legislative Intent.
The purpose and intent of this chapter is to:
(a) Assure that City sponsored or funded construction and development activities are undertaken to the greatest extent possible using practices that are consistent with the protection of the existing tree canopy in keeping with recognized standards for urban tree management.
(b) To enhance, protect and restore trees and the tree canopy in the public right-of-way and on parkland during City sponsored projects.
Sec. 92.3. Definitions.
For the purposes of this chapter the following words and phrases shall have the meaning respectively ascribed to them by this section. Definitions for industry terms appearing in this chapter are based on the most recent editions of either the American National Standards Institute’s A-300 Standards for Tree Care Operations - Tree, Shrub, and other Woody Plant Management - Standard Practices or the International Society of Arboriculture Glossary of Arboricultural Terms.
American National Standards Institute A-300 Tree Care Standards Manual ("ANSI A-300 Standards"). The most recent ANSI A-300 Standards manual containing generally acceptable standards for the care and maintenance of trees, shrubs, and other woody plants. The ANSI A-300 Standards manual sets the minimum standards for the care and maintenance of City trees, shrubs, and other woody plants and is herein adopted by reference as the City’s minimum standards for tree care practices.
City sponsored project. A construction, rehabilitation, or maintenance project on right-of-way or parkland to which the City contributes funding, whether in whole or in part, and notwithstanding whether the improvement project is performed wholly by the City or jointly with another public entity participant.
Department. The department of parks and recreation.
Forestry Tree Work Permit. A permit issued by the Forestry Unit constituting certification that any tree activity authorized by the permit has been reviewed for compliance with the requirements of this chapter and that the work so authorized must be performed as required under the permit.
Forestry Unit. The division within the department of parks and recreation responsible for the management of trees, tree planting, tree pruning, tree removal, stump removal, tree disease and pest management in the parks, parkways and public rights of way.
Parkland. All public grounds and squares under the jurisdiction of the department of parks and recreation, maintained as pleasure grounds and designated as recreation areas by the City.
Right-of-way or public right-of-way. The area in, on, below, or above a public roadway, highway, street, cartway, bicycle lane and public sidewalk in which the City has an interest, including other dedicated rights-of-way for travel purpose and utility easements of the City. A right-of-way does not include the airwaves above a public right-of-way with regard to cellular or other nonwire telecommunications or broadcast service.
Rules. All rules created by the Department under Sec. 92.5 and as amended and added to from time to time.
Tree activity. Any type or scope of work that requires a Forestry Tree Work Permit.
Tree preservation plan (TPP). A written plan detailing the location, botanical name, and diameter at breast height (DBH) of all existing trees affected by a City sponsored project the intent to preserve, relocate, or replace each tree; and measures to be taken to protect new and mature trees during construction, and to protect roots and soil during construction, following best management practices and ANSI A-300 Standards for Arboriculture.
Tree replacement fund. A dedicated fund within the department of parks and recreation for all funds received as restitution for removal of trees under Sec. 92.5(c).
Sec. 92.4. Applicability.
(a) The requirements of this chapter apply to all City sponsored projects taking place on public right-of-way or parkland, whether funded in whole or in part by the City.
(b) All City departments are to coordinate with the Forestry Unit to ensure compliance with the requirements of this chapter including those City sponsored projects on properties not otherwise under the jurisdiction of the Department.
Sec. 92.5. Requirements.
All City sponsored projects must:
(a) Preserve all existing trees in place in the right-of-way and on parkland; or
(b) When (a) is not feasible, as determined by the Rules, replace trees on at minimum a one-for-one basis in the construction project area; or
(c) When (a) and (b) are not feasible, as determined by the Rules, provide sufficient funds to the Department to increase the City’s tree supply in another portion of City right-of-way or parkland depending on the City sponsored project. These funds should be at least sufficient to replace in equal number trees that could not be replaced in the project area. These funds shall be placed into the Tree Replacement Fund.
Sec. 92.6 Implementation and Rules.
The Department is authorized and instructed to coordinate the implementation of this chapter and to promulgate appropriate rules for such purposes. Any rules promulgated by the Department have the force and effect of law and must be consistent with this chapter. The Department shall consult with the Department of Public Works in creating the Rules. The Department may amend the Rules from time to time. The Rules must address:
(a) Application requirements, standards, and processes that mandate a Forestry Tree Work Permit that complies with ANSI-300 standards for all work taking place in the City right-of-way and on parkland. This includes a tree preservation plan, and a tree protection plan during construction.
(b) Processes for addressing trees damaged during construction.
(c) Guidelines for replacing trees on a one-for-one basis, if needed, to comply with Sec. 92.5 (b).
(d) Restitution requirements for paying for trees that cannot be preserved or replaced in the project area.
(e) Construction plan requirements and review processes.
(f) Guidelines for determining what constitutes a City sponsored project where preservation of trees is not feasible, and replacement is required under Sec. 92.5 (b).
(g) Guidelines for determining what constitutes a City sponsored project where preservation of trees and replacement of trees are not feasible options, and restitution will be required under Sec. 92.5 (c).
Sec. 92.7. Exemptions.
The following situations are exempt from the provisions of this chapter and from the Rules:
(a) Nothing in this chapter shall be construed to prevent an employee or contractor of the Department from undertaking the routine maintenance of trees necessary for the health of the urban forest and/or public safety; provided, all work is performed in accordance with ANSI A-300 Tree Care Standards and any applicable guidelines contained in the City’s landscape manual.
(b) The immediate removal of any tree that poses a life-safety issue. This determination must be made by the Forestry Unit who may also consult with other City departments if the City Forester believes it is necessary. Such a determination may require photographic proof or other supporting documentation to assist in determining the condition of the tree prior to its removal.
(c) Whenever the Forestry Unit determines that the permitting requirements for a Forestry Tree Work Permit will impede the restoration of City services or public order after a state of emergency declared by the Mayor or the Governor as the case may be.
SECTION 3
This Ordinance shall take effect and be in force thirty (30) days following passage, approval, and publication.