Duluth UDC Table 7-B

Land Use Zone Total Tree Canopy Cover, Conserved and Planted Conserved Tree Canopy Cover Component of Total (lots greater than or equal to 14250 sq. ft.) RA-200 0% 0% R-100 Site 60% 40% Each Lot 50% 30% R-75 Site 60% 40% Each Lot 50% 30% RM 45% 15% MH 55% 35% HRD 45% 15% C-1 40% 10% C-2 40% 10% HC-R 40% 10% HC-A 40% 10% O-I 50% 25% O-N 50% 25% CBD 0% 0% M-1 30% 0% M-2 20% 0% RD 30% 0% e. Minimum conserved tree canopy cover requirement. On lots equal to or greater than 14,520 square feet in gross acreage a minimum amount of the tree canopy cover shall originate from tree conservation as listed in Table 7-B. Trees within forested areas, open space, forested buffers, side, rear and front yard buffers, 75-impervious buffer, 50 and 25 foot riparian buffers, stormwater retention and detention areas and facilities, parks and open areas, passive recreation space, the 100-year floodplain, jurisdictional wetlands, and other such forested areas shall count toward the minimum conserved tree canopy cover requirement if they meet the definition of a conservable tree or trees and/or forested area. Trees within 198 | P a g e Article Seven. Landscaping, Buffers, and Tree Protection forested areas cannot be measured individually with future tree canopy cover credits. All tree conservation shall be accomplished in accordance with the tree conservation standards set forth in Section 716(d). f. Administrative waiver of tree conservation. An applicant may request in writing an administrative waiver from all or part of the tree conservation requirement prior to the submittal of a site plan, preliminary plat, or building permit; however, existing trees must be conserved to the greatest extent possible. In the event a waiver is granted, an alternative compliance method must be substituted for tree conservation in accordance with the criteria set forth in 716(d). The request for a waiver shall include an explanation of why tree conservation cannot be fully achieved and shall be accompanied by a buffer and landscape plan which illustrates the extent to which tree conservation can be achieved and the alternative compliance method(s) proposed as a substitute. The buffer and landscape plan must otherwise meet all requirements for a Buffer and Landscape Plan as required in Section 707. g. Criteria for substituting alternative compliance methods. Substitution of an alternative compliance method for tree conservation shall be accomplished as follows: 1. When tree conservation requirements cannot be partially or wholly met due to zoning requirements, utility construction standards, street construction standards, other City of Duluth Code requirements, or extraordinary or exceptional conditions pertaining to the site because of its size, shape, character, topography, or the amount or distribution of existing trees, then a forest regeneration area may be substituted for all or part of the tree conservation area. Forest regeneration areas shall be established in accordance with the standards set forth in 716(f). 2. When tree conservation requirements cannot be partially or wholly met for one of the reasons described in this Section and the site is either surrounded by impervious surfaces or the amount of landscaped area is not large enough to establish a forest regeneration area according to the standards set forth in 716(f), then additional planted trees may substitute for all or part of the tree conservation area. h. Criteria for substituting alternative compliance methods when no trees exist. When no tree canopy cover exists prior to development, then an administrative waiver is not required, and any combination of a forest regeneration area and additional planted trees may be substituted for tree conservation to meet the total tree canopy cover requirement. i. Planted tree canopy cover. The remainder of the minimum total tree canopy cover requirement may be satisfied through the planting of trees after tree conservation requirements have been met. For trees to be eligible for any tree canopy cover credit, the required amount of open soil surface area must be present and protected around the tree. In addition, tree planting must meet the tree establishment standards set forth in 716, and trees must be protected in accordance with three protection standards set forth in 716(g) to be eligible for tree canopy cover credit. Individual trees planted in parking lots, in required landscape strips, in front, side and rear yards, in open space and active recreation areas, or in any other unbuildable portion of the lot shall count for credits as planted trees and overall tree canopy cover. j. Minimum tree canopy cover goals. Where tree canopy cover requirements do not exist or do not apply to a zoning district or individual lot, the City of Duluth encourages individual property owners to contribute toward the City of Duluth’s overall tree canopy cover goal by maintaining trees on their property. 1. Single-family residential lots. Owners of single-family residential lots of an acre or less are encouraged, but not required, to maintain a minimum of 50 percent tree canopy cover, after a certificate of occupancy has been issued. 2. Agricultural land uses. Owners of lots in the RA-200 zone are encouraged, but not required, to maintain a minimum of 50 percent tree canopy cover. k. Measurement of tree canopy cover. Tree canopy cover includes conserved individual trees, groups of trees, forested areas, forest regeneration areas and/or planted trees, as established in accordance with 199 | P a g e Article Seven. Landscaping, Buffers, and Tree Protection this chapter. For a tree to be eligible for tree canopy cover credit for a specific lot, its trunk must be growing wholly on that lot. The eligible categories of tree canopy cover are measured as follows: 1. Tree canopy cover for individual, conserved trees. For the purposes of this chapter, the tree canopy cover that is credited to an individual tree shall be either the actual square foot area of the crown’s projection directly down onto the ground, or the future tree canopy cover for the species as listed in the City of Duluth’s Tree Species List, whichever is greater. Any tree of a species not on the City of Duluth’s Tree Species List shall be given the future tree canopy cover for the size typical of the species using standard landscaping references. For a conserved tree to be eligible for tree canopy cover it must be protected in accordance with the technical standards set forth in Section 716. 2. Tree canopy cover for groups of conserved trees and forested areas. Tree canopy cover credited to a group of trees shall be the combined area of the crowns’ projections onto the ground, also described as the outer perimeter of the area encompassed by the tree protection zones of all the trees. Trees within a forested area cannot be counted individually with future tree canopy cover credit. 3. Tree canopy cover for forest regeneration areas. Tree canopy cover credited to a forest regeneration area shall be the area planted in accordance with the forest regeneration area establishment standards set forth in Section 716(f). 4. Planted tree canopy cover. Tree canopy cover credited to a planted tree shall be the future tree canopy cover for the species as listed in the City of Duluth’s Tree Species List. For a planted tree to be eligible for tree canopy cover the required open soil surface area as listed in the City of Duluth’s Tree Species List must be present. 5. Tree canopy cover of a site or lot. The tree canopy cover of a site or lot shall be expressed as a percent of the gross acreage of the site or lot. Tree canopy cover for a site or lot can consist of conserved trees or planted trees or both.