Item 5.6 • Item # 5.6.
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MEMORANDUM
TO: Planning Commission
FROM: Scott Harlicker, Senior Planner i f
DATE: November 26, 2002
SUBJECT: Case No. OA 02-07
Ordinance Amendment to Establish a Tree Ordinance and Tree
Preservation Ordinance
Request
411 Consider an ordinance amendment to establish a Tree Ordinance and a Tree Preservation
Ordinance.
Overview
Background
The Planning Commission is being asked to consider recommending that the City Council
adopt a Tree Ordinance and a Tree Preservation Ordinance.The Tree Ordinance and Tree
Preservation Ordinance are related but separate ordinances.
The Tree Ordinance establishes rules and regulations to ensure the health of public trees and
shrubs and promote,maintain and improve the urban forest resource.It establishes a Tree
Advisory Committee,and the position of City Forester.A community tree ordinance is also
a required for the city to be recognized for the Tree City USA program.
The Tree Preservation Ordinance is intended to address the issue of tree removal and tree
preservation. By setting standards for tree removal and tree preservation the ordinance
attempts to ensure the health,safety and welfare of the residents as well as preserve the city's
rural character.
Summary
•
Memo to Planning Commission/OA 02-07
November 26,2002
Page 2
III Tree Ordinance
The Tree Ordinance includes definitions of terms that are used in the ordinance. It
establishes the Tree Advisory Committee and the position of City Forester.Duties of the
Committee and the City Forster include planning and implementing an annual work plan,
advising the City Council and other commissions on issues relating to trees,educate citizens
and promote tree care, issue permits under this section, develop and maintain a tree
inventory and inspect and control nuisance trees.The Tree Advisory Committee will also
hear appeals of any person who disagrees with the decision of the City Forester. The
Ordinance sets up a licensing procedure for businesses engaged in planting, cutting and
trimming trees.The Ordinance creates regulations and a permitting procedure regarding tree
planting, maintenance and removal.
Tree Preservation Ordinance
The Tree Preservation Ordinance establishes rules and regulations regarding tree removal
and tree preservation.A permitting process is established.Included as part of that process
are guidelines on when a permit will be required,in which cases exemptions are allowed and
what information needs to be included with the application.Parameters for the removal of
trees are established;any specimen trees,significant trees and/or significant woodlands that
are destroyed or removed beyond those limits shall be replaced per the tree replacement
schedule. An inspection process and performance guarantees are also included. Staff
IIIdecisions can be appealed to the Tree Advisory Committee.
The Tree Preservation Ordinance includes two methods to determine allowable tree
removal. One method is based on the type of development occurring and the other is based
on the zoning district.The Commission will need to decide which method they would like
included in the ordinance.
Recommendation
The Planning Commission should recommend that the City Council approve the ordinance
amendment establishing the Tree Ordinance and the Tree Preservation Ordinance.
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S:\PLANNING\Case Files\OA 02-07 Tree Preservation\11-26PC.doc
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. Tree Preservation Ordinance
Findings and Purpose
The City of Elk River finds that preservation of trees and woodlands is critical to
the health, safety and welfare of the citizens; that development within the City
has the effect of reducing and in some cases eliminating wooded areas, which, if
preserved and maintained, serve important ecological, recreational and aesthetic
benefit to residents. The City also recognizes that a certain amount of significant
trees and tree cover removal is an inevitable consequence of development.
The purpose of this ordinance is the following: To preserve woodlands and trees
on individual sites; protect the safety of residents by preventing wind and water
erosion, slope instability and rapid runoff; promote the health of residents by
absorption of air pollutants, contaminant and noise; protect the welfare of
residents by increasing rainfall infiltration; provide a diversified environment for
many kinds of animals and plants necessary for wildlife maintenance and
important to aesthetic values and recreational requirements of the city; and
promote energy conservation by providing shade in the summer and windbreak
in the winter.
• The City's Comprehensive Plan has identified tree preservation as an important
issue in that tree protection was listed as a "growth challenge" and a "significant
issue". It also states that wooded areas should receive special attention to
ensure a degree of preservation and that when incorporated into the design of a
project can be a natural asset to preserve the City's rural character. Goals and
Policies of the Comprehensive Plan that are furthered by this ordinance include:
Goals
• "Preserve and protect environmental resources such as wetlands, forests,
water bodies and their shorelines, within the City with respect to open
space, recreational uses, water and air quality and natural ecosystems."
• "Preserve, maintain and/or strengthen the physical and visual qualities
unique to the community."
Policies
• "Require that development plans demonstrate a compatibility with natural
features and systems."
• "Establish tree preservation and protection standards to maintain the
integrity of the City's natural vegetation."
• "Work with developers to preserve existing natural open space."
1111 • "Continue to adopt policies to assist in managing development and
associated issues."
•
Definitions
Applicant—Any person or entity which is required to submit and implement an
approved tree preservation plan.
Builder—Any person or entity to whom a building permit is issued for the
construction of a single family residence.
Caliper— The diameter of replacement trees measured at a height of one foot
above ground level.
Clearing —Any intentional or negligent act to cut down, remove all or a
substantial part of, or damage a tree or other vegetation that will cause the tree
or other vegetation to decline and/or die. Such act shall include but not be limited
to damage inflicted upon the root system of the vegetation by the application of
toxic substances, by the operation of equipment and vehicles, by storage of
materials, by the change of natural grade due to unapproved excavation or filling,
or by the unapproved alteration of natural physical conditions.
Construction area —Any area in which movement of earth, alteration in
topography, soil compaction, disruption of vegetation, change in soil chemistry,
or any other change in the natural character of the land occurs as a result of the
site preparation, grading, building construction or any other construction activity.
Critical root zone (CRZ) —A circular region measured outward from the tree with
a radial distance of one foot for every one inch of tree diameter. For specimen
trees, the formula changes to 1.5 feet for every one inch of tree diameter.
Crown —the above ground parts of a tree consisting of the branches, stems,
buds, fruits, and leaves. May also be referred to as `canopy".
Developer—Any person or entity other than a builder, as defined herein, who
undertakes to improve a parcel of land, by platting, grading, installing utilities, or
construction or improving any building thereon.
Development or Developer— Individual lot single-family and multi-residential,
commercial and industrial developments occurring during a single-phase or two-
phase developments, as those terms are defined herein.
Diameter— The length of a straight line measured through the trunk of a tree at
54 inches above the ground. If the tree splits into multiple trunks below 54
inches, the trunk is measured at the closest point beneath the split.
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• Drip line —A vertical line extending from the outermost edge of the tree canopy or
shrub branch to the ground.
Forest management plan —A plan establishing best conservation and
management practices for a landowner.
Forest stand —A contiguous group of trees sufficiently uniform in species
composition, arrangement of age classes, and condition to be a distinguishable,
homogeneous unit.
Land alteration —The excavation, grading clearing, filling or other earth change
that my result in:
1. The movement of more than 350 cubic yards of earth where significant
trees are present; or
2. Any alteration of land of more than one foot from the natural contour of
the ground on any contiguous 450 square feet of ground where
significant trees are present; or
3. Any cutting or killing of more than 20% of the significant trees on any
land within a period of 5 years.
4. Any destruction or disruption of tree cover equal to or greater than 25%
of the total tree cover on any land within a period of 5 years.
• 5. Any other significant change in the natural character or topography of
the land.
Significant woodland —A grouping or cluster of coniferous and/or deciduous trees
with contiguous crown cover, occupying 1000 or more square feet of property,
which are comprised of deciduous trees between 4 inches and 12 inches in
diameter an/or coniferous trees over 4 feet in height.
Single-phase development—The process where improvement of the entire site
occurs in one continuing process. Single-phase development can include initial
site grading; installation of utilities; construction of public streets; construction
and grading of drainage-ways; filling any areas; grading of the pad area; utility
hookups; construction of buildings, parking lots, driveways, storage areas,
recreation areas, private streets; and any other activity within the construction
area.
Tree —Any of the following types of trees, as each is defined below:
• "Coniferous/evergreen tree" a woody plant which, at maturity, is at least 12
feet in height, having foliage on the outermost portion of the branches
year-round.
• "Deciduous tree" a woody plant which, at maturity, is at least 15 feet in
• height, having a defined crown and which sheds leaves annually.
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• "Hardwood deciduous tree" includes, but not limited to, Ironwood, Catalpa, .
Oak, Maple hard, Walnut, Ash, Hickory, Birch, Black Cherry, Hackberry,
Locust, Linden and Basswood.
• "Significant tree" a healthy tree measuring a minimum of 6 inches in
diameter for hardwood deciduous trees, 12 inches in diameter for
softwood deciduous trees and a minimum of 12 feet in height for
coniferous trees.
• "Softwood deciduous tree" includes, but not limited to, Poplar, Aspen,
Silver maple, Willow, Elm and Cottonwood.
• "Specimen tree" is a healthy hardwood deciduous tree measuring 30
inches or more in diameter and a minimum of 50 feet in height for
coniferous trees.
Permit Required
No application for preliminary plat, building permit, excavation permit, grading
permit, or any other City approval that results in land alteration shall be
considered unless the applicant for such approval has first obtained a tree
preservation permit. Furthermore, no application for preliminary plat, conditional
use permit or site plan will be considered if illegal land alteration has occurred in
the last 5 years.
Tree Preservation Plan
A tree preservation plan shall be approved by the City and implemented for any
land alteration in connection with any of the following:
1. New development in any zoning district.
2. New building construction in any zoning district.
3. Expansion of any commercial, industrial or institutional building or
impervious surface by 10% or greater square feet, where an approved
tree preservation plan is not on file with the City.
4. Any project requiring a grading permit.
Exemption For Existing Single Family Residences
No tree preservation plan is required for single family residences applying to
remodel or expand an existing building.
The number of trees removed from privately owned land shall be limited to two
(2) significant trees per year, unless an approved Forest Management Plan has
been obtained. Trees removed because they are an obstruction to traffic or
power lines, or trees removed because they pose a hazard to structures or sewer
systems shall be excluded from these requirements.
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• Forest Management Plan
An approved Forest Management Plan will be required if more than two (2)
significant trees per year are removed. At a minimum, the plan shall include the
following information:
1. A scaled map designating all forested areas and existing and proposed
uses of such areas.
2. Location of all existing structures, road utilities and driveways on site.
3. A written narrative describing specific reasons for developing the plan ,
and how these actions and activities will affect the forest.
4. Tree replacement plan shall be required if trees are removed without
obtaining and approved Forest Management plan.
Application
An application for a tree preservation permit must be made in writing on a form
provided by the City. For single family lots with existing significant trees or
woodlands, a tree preservation plan shall be submitted for review by staff in
conjunction with a building permit application. For application for preliminary
plats, conditional use permits and site plan applications, the tree preservation
plan must be submitted along with the other application.
• Submission Requirements
All tree preservation plans shall be certified by a forester or landscape architect.
An application for tree preservation permit shall include the following information:
1. Location of all existing and proposed buildings, structures or
impervious surfaces.
2. Delineation of all areas to be graded or filled and limits of disturbance.
3. A tree inventory depicting the size, species and location of all existing
significant trees, specimen trees and significant woodlands located
within the area to be platted or within the parcel of record. This data
should be provided in tabular form.
4. Identification of all significant trees, specimen trees and significant
woodlands proposed to be removed or impacted by the construction
area. This data should be provided in tabular form.
5. Measures to protect significant trees, specimen trees and significant
woodlands.
6. Size, species and location of all replacement trees proposed to be
planted on the property in accordance with the tree replacement
schedule.
7. A plan that accurately identifies the location and types of all existing
• trees and woodlands to be removed and those to be preserved on the
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lot or plat. The drawing shall illustrate where protection devices will be III
placed and areas to be used for material and equipment storage.
8. Applicants of new single family residential building permits are required
to submit and individual lot tree preservation plan when significant
trees, specimen trees and/or significant woodlands exist on the site.
Mitigation
In any development where the limits of the tree removal schedule are exceeded,
the applicant shall mitigate the tree loss by one of the following methods:
1. tree replacement within the development area or affected parcel in
accordance with the tree replacement schedule; or
2. tree replacement in accordance with the tree replacement schedule on
other property owned by the applicant in the City; or
3. tree replacement in accordance with the tree replacement schedule on
public property in the city.
Trees replaced under this requirement shall be in addition to any other trees
required pursuant to other city ordinances and the subdivision regulations.
Minimizing Tree Loss •
Minimizing the tree loss should be achieved by any combination of the following:
1. Realignment of streets, utilities and lot lines.
2. Consideration of alternative utility configurations such as the use of
ejector pumps, force mains, or revised home elevations to
minimize grading.
3. Reductions in street width and right-of-way when the applicant can
demonstrate that significant tree preservation is directly related to
the modification.
4. Variation in street radius and design speed.
5. Modified grading plans.
6. Within PUDs, minimum lot area requirements may be reduced as
long as it can be demonstrated that significant tree preservation is
directly related to the modification. The overall density of the
project shall not exceed what would be allowed with typical lot
sizes.
7. Within PUDs, variations in setback lines may be allowed as long as
it can be demonstrated that significant tree preservation is directly
related to the modification.
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• Protective Measures
Required Protective Measures
The tree preservation plan shall identify and require the following measures to be
utilized to protect significant trees, specimen trees and significant woodlands:
1. Installation of snow fencing or polyethylene laminate safety netting
placed at the drip line or at the perimeter of the critical root zone,
whichever is greater, of significant trees, specimen trees and
significant woodlands to be preserved. No grade change, construction
activity, or storage of material shall occur within the fenced area.
2. Identification of any oak trees requiring pruning between April 15 and
July 1. Any oak trees so pruned shall be required to have any cut
areas sealed with an appropriate non-toxic tree wound sealant
immediately after damage occurs. If cutting or pruning of oak trees is to
take place between April 15 and July 1, the applicant shall provide a
disease prevention plan within the tree preservation plan.
3. Prevention of change in soil chemistry due to concrete washout and
leakage or spillage of toxic materials, such as fuels or paints. Washout
areas are to be identified on plans and signage of areas provided on
the construction site.
• Additional Protective Measures
The following tree protection measures should be utilized to protect significant
trees, specimen trees and significant woodlands intended to be preserved
according to the tree preservation plan:
1. Installation of retaining walls or tree wells to preserve trees.
2. Placement of utilities, where possible, in common trenches outside the
drip line of significant trees, or use of tunneled installation.
3. Use of tree root aeration, fertilizer, and/or irrigation systems.
4. Transplanting of young trees to a protected area for latter moving into
permanent sites within the construction area.
5. Therapeutic pruning.
Inspection
Initial inspection prior to grading. Prior to the issuance of a grading permit, or
• prior to the commencement of grading if no permit is required, or prior to the
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clearing or cutting of trees,.all sites shall be staked and fenced for tree protection
per the approved tree preservation plan and inspected by the city. •
Inspection after completion of grading. The developer shall notify the city when
grading has been completed. The city shall inspect the site to verify the
preservation of trees as shown on the approved plan.
Inspection prior to issuance of certificate of occupancy. Prior to the issuance of
the certificate of occupancy the city shall inspect the site to verify the
preservation of trees as shown on the approved tree preservation plan and, if
applicable, to verify the planting of trees per the reforestation plan.
Performance Guarantee
Any applicant of a new development shall provide the required performance
guarantee prior to the approval or issuance of any construction and/or grading
permits. If applicable, the performance guarantee shall be included in the
developers agreement. The amount of the performance guarantee shall be
calculated as follows:
An amount to guarantee preservation of all trees identified by the approved Tree
Preservation Plan to be preserved and all trees within 15 feet of the construction
zone (measured from the construction limits to the nearest side of the tree). The •
amount shall be calculated by multiplying the total diameter inches of significant
trees and specimen trees to be preserved and within the 15 foot zone by the rate
of$25.00 per diameter inch and the total square feet of significant woodland to
be preserved by the rate of$1.20 per square foot. A minimum of$1000 for
individual lots shall be required.
The performance guarantee will be released upon verification by the city that the
tree preservation plan was followed and all such requirements have been met.
No performance guarantee shall be released earlier than 2 years after the date
that the project is complete.
Tree Removal
Removal of Diseased Trees
Prior to any grading, all diseased, hazardous, and nuisance trees identified on
the subject property by the city shall be remedied as directed by the city.
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O Allowable Tree Removal
Specimen trees, significant trees and significant woodlands that are destroyed or
removed beyond the following amounts must be replaced in accordance with the
Tree Replacement Schedule:
Single phase development process.
Single unit residential 40%
Multi-family 50%
Commercial, Industrial
Institutional, 60%
Two-phase development process.
Initial site development 25%
Individual lot development.
Single unit residential 15%
• Multi-family 25%
Commercial, Industrial
Institutional, 35%
Alternative Tree Removal Schedule.
Removal Thresholds In the following zoning districts listed in Column I, a
percentage of woodland may be removed without any obligation for reforestation,
but only up to and including the threshold percentage of woodland listed in
Column II. If the land alteration results in woodland removal that exceeds the
percentage listed in Column II, then the applicant shall be responsible for
reforestation in accordance with the standards of this section.
Column I Column II
Zoning District Threshold
Al and Ria 25%
Rib, Ric, Rid, Rte 40%
PUD negotiated
O R2, R3, R4
50%
Cl, C2, C3, C4, BP, 11, 12 60%
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SWF n/a
ME n/a •
AT n/a
Tree Replacement
Tree Replacement Schedule
Size of trees damaged or destroyed Number of replacement trees
Category A/Category B/Category C
Coniferous, 12'-24' high 1 2 4
Coniferous, 24' or higher 2 4 8
Specimen Tree, Coniferous 3 6 12
Hardwood Deciduous, 6"-20" diameter 1 2 4
Hardwood Deciduous, 21"-30" diameter 2 4 8
Specimen Tree, Hardwood Deciduous 3 6 12
Softwood Deciduous, 12"-24" diameter 1 2 4
Softwood Deciduous, greater than 24" 2 4 8
Significant woodland replacement
Where replacement of a significant woodland is required, the applicant shall be •
responsible for furnishing and installing one category A replacement tree or two
category B replacement trees or four category C replacement trees for every 125
square feet of significant woodland damaged or destroyed, or any increment
thereof.
Size of replacement trees
Category A trees shall be no less than the following sizes:
Deciduous trees — not less than 4 inches in diameter
Coniferous trees — not less than 12 feet in height
Category B trees shall be no less than the following sizes:
Deciduous trees — not less than 2 1/2 inches in diameter
Coniferous trees — not less than 6 feet in height
Category C trees shall be no less than the following sizes:
Deciduous trees — not less than 1 1/2 inches in diameter
Coniferous trees — not less than 4 feet in height
Species requirement. Where ten or more replacement trees are required, not
more than 50% of the replacement trees shall be of the same species of tree
without approval of the city.
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0 Warranty requirement. Any replacement tree which is not alive or healthy, as
determined by the city, or which subsequently dies due to construction activity or
lack of watering within 1 year after the date of project closure shall be removed
and replaced with a new healthy tree meeting the same minimum size
requirements within 8 months of removal.
Replacement. Trees subject to replacement pursuant to this section shall be in
addition to landscaping requirements of the City Code.
Appeals
If the applicant and the city staff are unable to reach agreement with respect to
interpretation or enforcement of this Section, the matter will be referred to a Tree
Advisory Committee. The Committee's resolution of the matter shall be final,
unless appealed to the City Council by either the applicant or the city staff.
Violations and Enforcement
See Section 900.46 City Code of Ordinances.
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Tree Ordinance •
City of Elk River, Minnesota
Definitions
1. As used within this ordinance,the following terms shall have the meanings set forth in this
section:
The word"shall" is mandatory and not merely directory.
Alter
To change the appearance by trimming/removing branches from a tree to amount to more
than 25%of the original tree mass within one(1)year.
Applicant
A person who is applying for a license,certification or permit as required by this chapter.
Boulevard
That part of the property not covered by sidewalk or other paving, lying between the
property line and the curb line of any street. In the absence of a curb,the curb line of a
street shall be deemed to be the edge of that portion of the public right of way maintained
and open to the use of the public for purposes of public travel.
Caliper
The diameter,in inches of a tree at a height of 12 inches above the ground.
Certified Arborist
Any person holding a valid and current arborist certification as issued by the International •
Society of Arboriculture(I.S.A.)
City Forester
City forester or other qualified designated official of Elk River,Minnesota,assigned to
carry out the enforcement of this Ordinance.
Clearing
The removal of vegetation from a property,whether by cutting or other means.
Community Forest
A collection of trees in and around the City including park and street trees on public
property,and yard trees on private property.
Community Forestry
The ecology of native and non indigenous plantings creating a forest in the human living
environment,and emphasizing the practice of wise professional planned management of
all tree resources within an urban area including trees in public streets,public areas,and
on private property to provide for multiple use benefits for the general well-being of the
entire community.
Critical Root Zone
The area inscribed by an imaginary circular line on the ground beneath a Tree having as
its center point the center of the trunk of the Tree and a radius equal to one foot for every
inch of DBH.
Damage
To take any direct or indirect action that causes,or is reasonably likely to cause,the death
of a Tree or a significant loss of a Tree's structural integrity including,without limitation,
destruction,poisoning,carving,mutilating,girdling,severing the main trunk or large •
branches or roots,removing any portion of the bark from the main trunk or from large
branches,touching with live wires,crushing or exposing the roots,digging or drilling any
hole or trench within the Root Zone,or compacting a substantial portion of the soil in the
Root Zone.
Developer
The owner of the land or person who is the applicant for alteration of the land.
Development Regulations
The adopted regulations provided for the subdivision and development of real property
within the City of Elk River,as amended from time to time by the Mayor and City
Council of the City of Elk River.
Diameter
The diameter of a tree measured at a point 4 1/2 feet above the ground.
Dripline
An imaginary vertical line which extends from the outermost branches of a tree's canopy
to the ground.
Forestry Program
Shall be synonymous with "City Tree Planting Program" and shall include,but not be
limited to:tree planting maintenance and replacement;leaf collection and disposal;
community relations activities--information on tree plantings,seedling distributions,
Arbor Day observations;and any enforcement of city ordinances relating to the city's tree
planting program.
Grading
The placement,removal or movement of earth by use of mechanical equipment on a
property.
Grubbing
The effective removal of understory vegetation from a site which does not include the
removal of any trees with a diameter breast height(dbh)of greater than eight inches.
Hedge
A row of closely planted shrubs or low growing trees forming a fence or boundary.
Landscape Plan
The design and specifications for the placement of any live plant materials such as trees,
shrubs,ground cover and grasses;and human-made structures such as walls, fences,and
berms, including the retention of existing vegetation for the purposes of enhancing
property value and aesthetics;protecting the community's environment;and minimizing
negative impact on visual order of the community.
Landscaping
The use of natural plant materials including but not limited to,ground covers,shrubs,and
trees(deciduous and evergreen). Landscaping also involves the placement,preservation
and maintenance of such plant materials and includes such elements as fences,walls,
lighting and earth mounding.
Nuisance
Any tree with an infectious disease or insect problem; dead or dying trees; a tree or
limb(s)that obstruct street lights,traffic signs,the free passage of pedestrians or vehicles;
a tree that poses a threat to safety.
• Pest
Any organism, insect,rodent,fungus,virus,bacteria,or other agent that causes any
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damage,abnormal growth or mortality of any tree,shrub,bush or woody vegetation.
Pruning 411
The judicious removal of plant parts to increase usefulness,beauty, or vigor.
Public Tree
Any street tree,park tree or other woody plant on City property.
Screening
The use of landscape planting,fences,walls or other structures to obscure vision of any
unsightly or undesirable land use or structure and to minimize the intrusion of lighting on
neighboring property.
Shade Tree
A living tree with mature size of thirty feet or more.
Shrub
A woody plant of relatively low height,as distinguished from a tree by having several
stems rather than a single trunk.
Specimen Tree or Stand
A hardwood tree 30 inches or greater in diameter at 4'/z feet and a minimum of 50 feet in
height for coniferous trees.
Street Tree
Any tree growing in the boulevard of any street or highway.
Topping
The severe cutting back of limbs to stubs within the tree's crown to such a degree so as to
remove the normal canopy and disfigure the tree.
Tree •
A woody plant,usually with a single stem,above 10 feet in height at maturity.
Tree Owner
Owner of the property on which the tree grows.
Tree Protection Plan
A plan that identifies Tree Protection Areas where existing trees are to be preserved and
where proposed replacement trees are to be planted on a property to meet minimum
requirements,as well as methods of tree protection to be undertaken on the site and other
pertinent
Tree Service
Any person,firm,or corporation engaged in the business of cutting,trimming,pruning,
spraying, injecting chemicals,or removing trees or shrubs for compensation.
Tree Trunk
The stem portion of a tree from the ground to the first branch thereof.
Urban Forestry Program
All of those City resources,time and efforts directed toward the development and
maintenance of a safe,healthy,aesthetically pleasing and fully stocked population of
public trees.
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Purpose
1. This ordinance establishes policies,regulations and standards necessary to ensure the City of Elk
River will realize the benefits provided by its community forest. The provisions of this ordinance
are enacted to:
2. Health and Welfare of the Community
It is the purpose of this ordinance to promote and protect the public health, safety,and general
welfare by providing for the development of a Community Forestry Plan to address the planting,
maintenance,and removal of public trees and shrubs within the City of Elk River in order to
promote,maintain,and improve the urban forest resource of the City of Elk River.
3. Be It Ordained
Be it ordained by the City Council of the City of Elk River,Minnesota.
4. Short Title
This Ordinance shall be know and may be cited as the Tree Ordinance of the City of Elk River,
Minnesota.
5. Intent
This ordinance provides full power and authority over all trees,plants and shrubs located within
street rights-of-way,parks and public places of the city; and to trees,plants and shrubs located on
private property that constitute a hazard or threat as described herein.
• Authority and Power
1. City's Right to Plant,Maintain and Remove Trees on Public Property
The City shall have the right,but does not have the obligation,to plant,prune,maintain and
remove trees,plants and shrubs within the public right-of-way of all streets,alleys,avenues, lanes,
squares and public grounds,as may be necessary to insure public safety or to preserve or enhance
the symmetry and beauty of such public grounds.
2. City's Right to Plant,Maintain and Remove Trees on Private Property
The city shall have the authority and jurisdiction to enter onto private property whereon there is
located a tree,shrub,or plant that is suspected to-be a public nuisance as defined herein and may
direct the necessary treatment or removal; to alleviate interference with the provision of essential
services; and to preserve the aesthetics of public places.
3. Establish Tree Advisory Committee
There is hereby created and established a Tree Advisory Committee for the City of Elk River.
4. Composition of Tree Advisory Committee
The Tree Advisory Committee shall consist of five members who are residents of the City of Elk
River and appointed by the Mayor with approval of the City Council.
5. Administrative Support for Tree Advisory Committee
• The City Forester shall have the responsibility of providing administrative guidance in carrying
out the activities of the Tree Advisory Committee.
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6. Appointment to Tree Advisory Committee
All members of the Tree Advisory Committee shall be residents of the city.
A majority of the members shall have demonstrated special interest,experience or education in the
areas of landscape architecture and/or contracting,civil engineering,horticulture,historic
preservation,public utilities,property management,environmental science and/or design.
7. Vacancies on the Tree Advisory Committee
Vacancies occurring for reasons other than expiration of terms shall be filled as they occur for the
period of the unexpired term.
8. Removal from the Tree Advisory Committee
Members of the Tree Advisory Committee may be removed for cause by the City Council,
including violation of the rules stated below.
9. Tree Advisory Committee Compensation
Members of the Tree Advisory Committee shall serve without pay;provided,however,expenses
incurred by Tree Advisory Committee members may be reimbursed upon presentation of evidence
thereof and with the approval of a majority of the Tree Advisory Committee members.
10. Tree Advisory Committee Meetings •
The Tree Advisory Committee shall meet once a month and shall hold its first meeting in the
month following enactment of this Chapter.
Special Meetings may be called by the Chairperson,or in his or her absence the Vice-Chairperson
or by any two Tree Advisory Committee Members.
11. Tree Advisory Committee Meeting Quorum
Three members shall constitute a quorum.
Faithful attendance at all Tree Advisory Committee meetings and conscientious performance of
the duties required of the Tree Advisory Committee members shall be considered a prerequisite of
continuing membership on the Tree Advisory Committee.
12. Tree Advisory Committee Procedures
Within a reasonable time after the appointment of the Tree Advisory Committee,upon call of the
chairperson of the Tree Advisory Committee,the Tree Advisory Committee shall meet and adopt
rules of procedure for regular and special meetings to fulfill the duties imposed upon it by this
ordinance.
The Tree Advisory Committee may from time to time establish special committees to assist it in
studying specific questions and problems. The membership of such committees shall not be
limited to Tree Advisory Committee members. .
The Tree Advisory Committee may not delegate to any such committee its official powers and
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• duties.
13. Tree Advisory Committee Required to Keep a Record of Meetings
The Tree Advisory Committee shall choose its own officers and keep a journal of its proceedings.
14. Conflict of Interest on Tree Advisory Committee
A member who has a conflict of interest shall disqualify himself or herself and withdraw from
participation in the matter. The member shall not sit with the Tree Advisory Committee during the
consideration and discussion of that matter.
15. Appointment of City Forester
The position of the City Forester is hereby established.
The City Forester shall be appointed by the City Council,based upon
recommendation from the Tree Advisory Committee.
16. Designate City Department Responsible for Trees
The City Tree Program shall be administered by the Street Department. The Department shall be
supported in its program by other departments and organizations within the City of Elk River.
Duties
• 1. Duties(Introductory Sentence)
The Tree Advisory Committee shall advise and consult the City Forester on any matter pertaining
to the City of Elk River tree ordinance and its enforcement. The topics under which this advice
and consultation may be given may include,but are not limited to,any of the following:
Responsibilities of the City Forester shall include,but not be limited to:
2. Duty to Plan and Implement an Annual Plan of Work
It shall be the responsibility of the Tree Advisory Committee to study, investigate,consul and
develop and/or update annually,and administer a written plan for the care,preservation,printing,
planting,replanting,removal or disposition of trees and shrubs in parks,along streets,and in other
public areas.
Such plan will be presented annually to the City Council and upon their acceptance and approval
shall constitute the official comprehensive city tree plan for the City of Elk River.
3. Duty to Advise
The aesthetics and appropriateness of all tree plantings and landscape plans within public
right-of-way/tree easement projects;
Landmark Tree Nominations for adoption by the City Council;Landmark Tree removals;
When planning for the parks and or any other area of the City under the control of the park or
• other boards or commissions,the Tree Advisory Committee shall make their recommendations in
writing to the appropriate board or commission who shall adopt or otherwise act on the
recommendations as they see fit.
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To advise other departments of the City on all projects that would affect trees in the City. •
4. Duty to Advise on Ordinances,Policies,Specifications and Legislation
The Tree Advisory Committee may make recommendations to the City Council through the
appropriate Council committee,and to city departments or other advisory bodies as may be
appropriate,on ordinances affecting the planting,removal, and maintenance of trees in the city;
May recommend to the Council such ordinances as it deems appropriate to accomplish its
purposes.
5. Duty to Issue Permits
The City Forester shall have the authority to promulgate rules and regulations regarding standards
of workmanship and the issuance of permits for activities requested under this Section.
A permit may be required by the City Forester for the planting,removal or maintenance upon
public areas.
Detailed information may be required by the City Forester upon receipt of an application for a
permit.
6. Duty to Set Permit Conditions
The City Forester shall have the authority to affix reasonable conditions to the granting of a shade
tree work permit.
7. Duty to Develop a Management Plan
The City Forester,with the assistance of the Tree Advisory Committee, shall develop,and each
subsequent year,update the Urban Forestry Plan. The plan shall outline urban forestry program
activities for a minimum of the next five years. This plan shall describe the urban forestry •
activities to be undertaken by the city,the reasons for those activities,the possible funding
source(s),the means of accomplishing the activities,the alternatives available to the city to fund or
accomplish the activity,the projected date of completion,and the consequences if the activity is
not completed.
Activities may include but are not limited to street tree inventory,planting,tree removal,
beautification projects,and educational projects.
8. Duty to Develop and Maintain a Tree List
It is the duty of the City Forester to recommend to the proper authority,the type and kind of trees
to be planted upon such municipal streets or parts of municipal streets or in parks as is designated.
A Street Tree List for Elk River shall be developed by the City Forester and approved by the Tree
Advisory Committee.
Only desirable,long-lived trees of good appearance,beauty,adaptability,and generally free from
injurious insects or disease shall be planted in public sites.
The Tree Advisory Committee,in conjunction with the City Forester, shall review at least once
every two years the species,cultivars, and varieties included on the approved list to determine if
any should be removed for any reason or if certain new species,cultivars, or varieties of proven
dependability and value should be added.
9. Duty to Amend Management Plan
The City Forester shall have the responsibility of regularly updating a master systematized tree •
management and planting program.
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• 10. Duty to Supervise
The City Forester shall have the authority and is shall be his or her duty to supervise all work done
in accordance with the terms of this ordinance and management of the city's forestry program.
11. Duty to Inspect for and Control Insect and Disease Problems
The removal of trees deemed by the City Forester to be diseased,dying,or dead.
12. Duty to Manage Risk and Control Nuisances
Removal of dead or living trees or limbs that are determined by the City Forester to be a hazard to
public safety and property;
13. Duty to Approve Work Plans
It shall be the responsibility of the Tree Advisory Committee to develop,report and recommend to
the City Council an annual work plan to implement the Community Forestry Plan.
The annual work plan shall outline activities planned for the coming year in the areas of volunteer
maintenance,and removal of public trees and shrubs.
The work plan shall include: what is to be done,who is to do it,and how the proposed work will
be funded. The City Council shall have the right to approve,revise and approve, or disapprove
the annual work plan and its associated budget. Upon approval of the annual work plan by the
City Council,the Tree Advisory Committee with the administrative guidance of the City Forester,
shall have the responsibility of carrying out the activities within the annual work plan.
• 14. Duty to Educate Citizens and to Promote Tree Care
The City Forester shall make available to any interested person copies of the tree ordinance,
information about the activities of the Tree Advisory Committee,copies of the Forestry Policies
and Specifications,and copies of the Urban Forestry Plan.
The Elk River Tree Advisory Committee will have the responsibility of educating the community
about the advantages of growing trees.
It will provide the community with information on viable species for the area,how to plant the
trees and how to maintain them.
Promote the conservation of healthy trees and encourage the recycling of tree debris.
The Tree Advisory Committee will advise citizens and the city on such issues as tree preservation
on private property.
15. Duty to Set Policy
The City Forester,with the assistance of the Tree Advisory Committee shall develop and
periodically review and revise,as necessary,the Forestry Policies and Specifications. This manual
shall contain regulations and standards for the planting,maintenance,and removal of trees,shrubs,
and other plants upon city-owned property.
Comprehensive plan goals and policies related to trees;
16. Duty to Hear Appeals
The Tree Advisory Committee upon the request of any person who disagrees with the decision of
the City Forester,shall hear all issues of the dispute if they involve matters of the interpretation or
• enforcement of the Forestry Policies and Specifications,the Urban Forest Plan, or of the
interpretation or enforcement of this ordinance. This includes disputes regarding the issuance of
permits,or the concurrence or non-concurrence of the City Forester in permits required under
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other ordinance or laws,or the abatement of nuisances.
The Tree Advisory Committee shall prepare a report of its findings and forward it to the City •
Council for a decision.
17. Duty to Enforce
The City Forester shall administer the Urban Forestry Plan,the tree ordinance,and the provisions
of the Forestry Policies and Specifications.
Exemptions
1. Exemption for City Departments
Trees severely damaged by storms or other causes or trees under utility wires or other obstructions
where other pruning practices are impractical may be exempted from this section at the discretion
of the City Department responsible for maintaining the trees,after consultation with the Tree
Advisory Committee.
2. Exemption for Grandfathered Projects
In no event shall any grandfather project be extended for a greater time period than 24 months
from the date of enactment of this ordinance.
3. Exemption for Horticultural and Agricultural Use
All plant or tree nurseries,orchards or botanical gardens shall be exempt from the terms and
provisions of this ordinance in relation to those trees which are being grown for relocation and
continued growth in the ordinary course of business,or for some public purpose.
Nothing included in the provisions of this Ordinance is intended to prohibit agriculture, .
silviculture,horticulture or nursery operations within the city.
4. Exemption for Timber Harvest
Any tree cut or removed for purposes of logging or tree farming in accordance with a management
plan of the Minnesota Department of Environmental Protection,reviewed an approved by the
Planning Commission and Tree Advisory Committee and filed on record in the office of the City
Clerk.
5. Exemption for Treatment of Disease or Infestation
The City Forester may authorize the removal of trees to prevent the transmission of disease or
infestation,to prevent the danger of those trees falling,or to prevent the potential injury to life and
property.
The owner/developer,prior to the removal of the diseased trees,shall notify the City Forester,
identify the location of the infested property,and shall submit a written finding and plan for the
removal or treatment of diseased trees.
Licensing
1. License Required .
It shall be unlawful for any person to engage in the business of planting,cutting,trimming,
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• pruning,removing,spraying,or otherwise treating trees, shrubs or vines within the City of Elk
River without first producing evidence of certification/license before the City of Elk River.
2. Exemption from License Requirement
Provided,however,that no license shall be required on any public service company including
electric utilities and their agents or city employees doing such work in the pursuit of their public
service endeavors.
3. License Requirements
An applicant for such a license must show proof that at least one employee of said business is
certified by the I.S.A.as an arborist.
4. License Requirement: Insurance Coverage
Any applicant for a tree service business license shall provide at the time of application a
certificate of insurance showing insurance coverage for general liability,automobile liability,
worker's compensation,and other coverages required by law in minimum amounts set by the Tree
Advisory Committee resolution.
Applications for a new tree service contractor's license or renewal must be accompanied by proof
that the licensee has current workers compensation insurance coverage as required by Minnesota
Code, if applicable.
5. License Fee
Fees shall be established from time to time by resolution of the City of Elk River City Council
taking into consideration recommendations of the City of Elk River Tree Advisory Committee and
• the City Administrator.
6. Work Practices
All licensees shall be responsible for the work performed under the provisions of this chapter and
shall comply with the professional standards as noted in Section_of this chapter. All licensees
shall comply with the City of Elk River's Forestry Policies and Specifications for planting,pruning
and removal.
7. Work Practices: Safety
All power equipment used by a licensee shall include reasonable safety devices to protect
employees and other persons.
Provide safety measures and equipment to protect workers and the public.
8. Work Practices: Display License
The licensee shall display the license to any of its customers or City officials upon demand.
9. Work Practices: Obey Rules
Obey all orders or notices issued under the authority of the City Forester.
10. Work Practices: Vehicles
• Provide all vehicles used in the operation of the business with identification and letters a minimum
of 2 inches in height and a color contrasting with the background. The identification shall include
the following information: a. Name of Company b. Business Address c. Business Telephone
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Number
11. License Suspension or Revocation
The license holder shall]Maintain with the City Forester a current mailing address. Any Order,
Notice, Summons and Complaint or other Departmental communication,whether delivered by
personal service or by certified,registered,or first class mail sent to that address,shall constitute
service.
When a licensee commits any acts or omissions in violation of this Ordinance and the City
Forester deems that the license shall be suspended or revoked,the action shall be as follows:
(1) Notification. The City Forester shall send written notice,containing the grounds for the
action,the effective date of the action,that the licensee can request a hearing,and that if a hearing
is requested the effective date of the action is stayed,to the license holder,by certified mail or by
personal service,at least seven(7)days prior to suspension or revocation.
(2) Upon receipt of the notice,the license holder may request a hearing to show cause why the
license should not be suspended or revoked. This request shall be in writing to the Department
within seven(7)days after receipt of the notice.
(3) If a hearing is requested by the license holder,the City Forester or a designee of the City
Forester shall notify the license holder of the time,date and place of the hearing. Suspension or
revocation of the license shall be stayed until after the hearing. The license holder and other
interested parties may be in attendance at the hearing.
(4) Upon completion of the hearing,the City Forester shall take all evidence available as a result
of the investigation,all evidence presented at the hearing,and if the hearing was held by a
designee,the recommendation of the designee under advisement,and shall have written notice of
the findings and ruling to the license holder by certified mail or personal service. •
12. License Expiration and Renewal
The tree service contractor's license and tree service certification shall be valid for the remainder
of the calendar year in which it was issued and will expire on December 31st of each year.
Tree service contractor's licenses may be renewed by filing a renewal application with the City
Forester, including the annual license fee and proof of insurance as required herein.
13. License is Non-transferable
Any license issued hereunder shall not be transferable.
14. Landscaping
In new subdivisions or when the development of commercial, industrial or multi-family property
occurs,the city will review landscaping plans and may require street trees to be planted in any of
the streets,parking lots,parks and other public places abutting lands henceforth developed and/or
subdivided or developed.
The City Forester shall require the planting of street trees on land,public or private,bordering all
streets in any new subdivision in conformity with the street tree master plan. All such planting
shall be done in accordance with the Forestry Policies and Specifications adopted by the Tree
Advisory Committee.
The Planning Commission shall consider a landscape plan as part of its review of any subdivision
plat,development plan or site plan application. •
Tree Planting,Maintenance,and Removal
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• 1. Tree Planting,Maintenance,and Removal
It is the public policy of the City of Elk River to maintain existing trees and to provide for and
encourage the planting of new trees within Elk River to the greatest extent possible.
A property owner not desiring the planting of a tree on City Land abutting his property must
object thereto in writing at least three(3)days prior to the stated meeting of the Tree Advisory
Committee and the objection of the property owner shall be honored by the said Tree Advisory
Committee.
The initial cost of all trees planted by the Tree Advisory Committee,the cost of planting same,the
costs of posts and boxes or guards used for the protection of the same shall be a charge upon the
real property in front of which such trees shall be planted as an improvement thereof.
Private citizens desiring to plant trees(to be deemed to include shrubs and bushes)in the public
right-of-way abutting their property shall comply with the terms and condition of the written
policy,and such trees shall,once planted,be strictly subject to management by the City to include
pruning and removal as necessary to protect the public health.
Said Tree Advisory Committee shall be responsible for planting all new trees required by this
ordinance, for maintaining their growth and survival,and for maintaining those trees used in
accordance with Section above.
It shall be the policy of the City of Elk River to replace trees on public property of public right-of-
way that have died or that have been removed because of diseased or poor health.
In the selection and spacing of trees,the City shall be guided by a street tree plan reviewed by the
Tree Advisory Committee.
2. Official Tree List
The Tree Advisory Committee develops and maintains a list of desirable trees for planting along
streets in three size classes based on mature height: small,medium and large.
Copies of the lists of desirable and undesirable trees shall be maintained at the Street Department
and shall be made available to the public.
The City Forester shall maintain an extensive list of recommended trees for planting in public
areas.The purpose of this listing will be to maintain diversity in the total tree population. This list
shall be available to residents of the city upon request to aid in the selection of trees for private
and public properties. The list of recommended trees shall be updated periodically to reflect new
developments or species that will affect the population of the community forest.
3. Prohibit Topping
It shall be unlawful as a normal practice for any person,firm,or city department to top any street
tree,park tree, or other tree on public property and it is strongly discouraged as a tree care practice
on private trees. Trees severely damaged by storms or other causes,or certain trees under utility
wires or other obstructions where other pruning practices are impractical may be exempted from
this ordinance at the determination of the Tree Advisory Committee.
4. Arboricultural Standards for Maintenance of Trees
The City Forester shall have the authority to modify,amend, or extend,with the approval of the
Tree Advisory Committee,the Forestry Policies and Specifications as any circumstances make it
• advisable.
This manual shall contain regulations and standards supplementing this Ordinance for establishing
the evaluation and appraisal of trees and shrubs,and the planting,maintenance,and removal of
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trees and shrubs upon all City-owned property. •
All damage-related tree work performed under this section shall conform to the regulations and
standards of the Forestry Policies and Specifications.
Three copies of such standards have been on file for thirty days prior to the adoption of this
Ordinance,and shall continue to be kept on file at all times,in the Office of the City Clerk.
5. Order Required for a Notice to Take Action
The Tree Advisory Committee shall cause ten(10)days written notice to be given by all to the
owner of the property in front of which a shade tree is planted,to remove a dead,dying,damaged,
dangerous or prohibited species of tree,or one which is growing in or extending over the cartway.
Upon determination that a public nuisance exists,the public works director or his or her
designated representative shall serve written notice upon the owner or occupant of the premises
where the tree is located to abate the nuisance.
The City Forester shall have the authority and it shall be his or her duty to order the trimming,
preservation or removal of trees or plants upon private property when he or she shall find such
action necessary to public safety to prevent the spread of disease or insects to public trees and
places.
Should any person or persons owning real property bordering on any street fail to prune trees as
herein above provided,the Tree Advisory Committee shall order such person or persons,within
10 days after receipt of written notice,to so prune such trees.
Upon the discovery of any destructive or communicable disease or other pestilence which
endangers the growth or health of trees,hedges or shrubbery,or threatens to spread disease or
insect infestations,the City Tree Advisory Committee shall at once cause written notice to be •
served upon the owner of the property of his/her agent upon which such diseased or infested trees,
hedge,or shrub is situated
6. Service of a Notice to Take Action
The order required herein shall be served by mailing a copy of the order to the last known address
of the property owner,by certified mail.
Such notice shall require the elimination of the nuisance no less than 30 days after the notice is
delivered or sent to the person to whom was sent the tax bill for the general taxes for the last
preceding year.
7. Contents of a Notice to Take Action
Such notice shall describe the kind of tree,shrub,or other plant or plant part which has been
declared to be a public nuisance; its location on the property;the reason for declaring it a
nuisance.
Such notice shall describe by legal description or by street the premises.
Such notice shall state the actions that the property owner may undertake to abate the nuisance.
Proper disposal procedures of wood,bark and debris from said nuisance shall be detailed in said
notice. These disposal procedures shall be followed within the time provided in the notice.
The notice of violation shall state the specific violation and indicate whether immediate
enforcement will be sought or if thirty(30)days will be allowed to correct and remove the
violation. •
8. Failure to Comply with a Notice to Take Action
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• When a person to whom an order is directed shall fail to comply within the specified time,it shall
be lawful for the municipality to prune such trees,and the exact cost thereof shall be assessed to
the owner as provided by law in the case of special assessments.
9. Nuisance or Hazard
The Tree Advisory Committee may remove or cause or order to be removed,any tree or part
thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers,
electric power lines,gas lines,water lines,or other public improvements,or is affected with any
injurious fungus,insect,or other pest.
Any public nuisance under this ordinance which is located on city-owned property shall be
pruned, removed,or otherwise treated by the City Forester in whatever fashion is required to
cause the abatement of the nuisance within a reasonable time after its discovery.
The following are hereby declared public nuisances under this ordinance:
(1) Any otherwise healthy tree, shrub,or other plant,whether located on city-owned property or
on private property which dangerously obstructs the view in the'visibility triangle'as such may be
determined by the City Engineer pursuant to ordinance.
(2) Any tree or shrub which obstructs the free passage of pedestrian or vehicular traffic of which
obstructs a street light or traffic control device.
10. Dead or Dying Tree
Any trees or parts thereof in a dead or dying condition located anywhere in the City may be
declared a public nuisance upon the recommendation of the City Forester.
• Dead and dying street or public trees that pose a safety or health risk to the public or to other trees
shall be removed in a timely manner. The City shall make a risk determination of public and street
trees and will initiate removal as appropriate.
11. Hazardous Trees
Any otherwise healthy tree,shrub,or other plant,whether located on city-owned property or on
private property which by reason of location or condition constitutes an imminent danger to the
health,safety,or welfare of the general public
The Tree Advisory Committee may remove or cause or order to be removed,any tree or part
thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers,
electric power lines,gas lines,water lines,or other public improvements,or is affected with any
injurious fungus, insect or other pest. This section does not prohibit the planting of street trees by
adjacent property owners providing that the selection and location of said trees is in accordance
with this ordinance.
Any tree,shrub,or hedge,or part thereof,growing upon public property or upon private property
but overhanging or interfering with the use of any public walk,street or highway,park or public
place within the city,which in the opinion of the majority of the Tree Advisory Committee,
endangers the life,health,safety or property of the public,shall be declared a public nuisance.
When the City Forester determines that a tree or limb presents a clear and present danger to the
safety or welfare of the community it shall be removed immediately. If the tree is on private
premises,the owner will be billed for the costs of removal.
Said owner shall remove all dead,diseased or dangerous trees,or broken or decayed limbs which
•
constitute a menace to the safety of public.
12. Disease or Pest Infested Trees
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Any otherwise healthy tree,shrub,or other plant,whether located on city-owned property or on •
private property which harbors insects or diseases which reasonably may be expected to injure or
harm any tree,shrub,or other plant.
Any tree or part thereof which is afflicted with any dangerous and infectious insect infestation or
plant disease shall be cured or destroyed.
13. Adjacent Landowner's Limited Responsibility
It shall be the duty of any person or persons owning or occupying real property bordering on any
street upon which property there may be trees,to prune such trees in such manner that they will
not obstruct or shade the street lights,obstruct the passage of pedestrians on sidewalks,obstruct
vision of traffic signs,or obstruct view of any street or alley intersection.
Mature trees,regardless of caliper,may be pruned by the property owner up to heights of 15 feet
provided that the cut measures no more than 2 inches in diameter.
This section does not prohibit the planting of street trees by adjacent property owners,providing
that the selection and the location of said trees in accordance with the guidelines for planting and
spacing developed by the Tree Advisory Committee. The Tree Advisory Committee may reserve
the right to approve any plantings that take place in the right-of-way areas.
14. Protection from Disease and Pestilence
Upon the discovery of any destructive or communicable disease or other pestilence which
endangers the growth or health of trees,or threatens to spread disease or insect infestations,the
city forester shall at once cause written notice to be served upon the owner of the property upon
which such diseased or infested tree is situated,and the notice shall require such property owner to
eradicate,remove or otherwise control such condition within reasonable time to be specified in
such notice. •
Such regulations may include,but shall not be limited to a listing of all such diseases which
threaten to injure or destroy shade trees in Elk River.
15. Protection from Disease and Pestilence Spread by Infested Wood
No person shall store or permit the accumulation of any elm wood in the City of Elk River. No
person shall store any tree or part thereof declared to harbor or contain any pest infestation as
defined in Section_of this Ordinance,unless the wood is debarked prior to storage.
It shall be unlawful for any person to transport within the city any bark-bearing elm wood without
having obtained a permit from the City Forester. Permits shall be granted only when the purposes
of this chapter shall be served thereby.
16. Tree Protection
Subdivision and development plans shall be designed to preserve natural vegetation areas as much
as possible. Streets,parcels,structures and parking areas shall be laid out to minimize the
destruction of wooded areas or outstanding tree specimens. Developers of land are encouraged to
designate wooded preserved open space.
Where in authorized excavations it becomes necessary to expose or cut roots that are greater than
one(1)inch in diameter or are within the dripline of any tree,it shall be the duty of the contractor
to protect the roots in accordance with the Forestry Policies and Specifications.
17. Abuse or Mutilation of Public Trees
No person shall deposit,place,store,or maintain upon any public place of the municipality,any •
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41110 stone,brick,sand,concrete,or other materials which may impede the free passage of water, air, or
fertilizer to the roots of any tree growing therein,except by written permit of the city forester.
Snow will not be plowed,blown,shoveled from roof tops, or piled in a manner that damages trees.
No trees on land owned or maintained by the City shall be pruned in a manner that impairs the
health of the tree.
No person shall,without a written permit from the City Forester,whitewash,paint or in any way
discolor the stem base,bole or root of any tree or shrub upon any public property in the City.
In addition no person shall cut down,lop,take or otherwise destroy any ornamental or shade tree,
shrub,flowers,bulb or fruit standing or growing on any private or public ground or any street,side
walk,park,sidewalk,promenade or park,parkway or boulevard in the City.
18. Protection from Posting and Wire
No person shall be allowed to post any bills,advertisements,cards or notices of any kind,upon
any trees,placed or growing for ornament or use,in any street or square,within the limits of the
City,without permission of the City Forester if such tree is within the limits of a public place.
Fasten any rope,wire,electric attachment,sign or other devices to a tree or to any guard about
such tree,with the exception of holiday or ornamental lighting.
Attach a potentially harmful device or structure(i.e.tree houses)to or on public trees unless
otherwise authorized by the City Forester.
19. Protection from Fire
• No person shall allow fire or heat to come in contact with any tree on land owned or maintained
by the City.
20. Protection from Utilities
Each public utility company shall exercise reasonable diligence in the maintenance of its plant
construction so as to avoid damage to trees.
Cause or permit any wire charged with electricity to come in contact with any tree or plant.
All wires belonging to public utilities,City or individual, shall be securely fastened and
maintained so as to safeguard the trees against any damage therefrom. Inspection should be made
periodically to prevent damage to trees,or adjustments made whenever requested by the City
Forester.
It shall be unlawful for any person,firm or public utility to cut,carve,scrape or girdle,burn, char,
or otherwise deface any street tree,park tree or other shrub or tree in any Public Area or Public
Way, except where a public utility,with easement right,needs to remove branches interfering with
overhead lines.
21. Protection from Toxins
It shall be unlawful for any person, firm,or public utility to place salt,brine,petroleum products,
herbicides, or any other substances in such amounts as to be toxic or injurious to the health,
growth or vitality of any Street Tree,Park Tree or shrub in any Public Area or Public Way.
• 22. Protection from Vehicles and Equipment
Steam shovels and all other implements,machines and tools shall be used or operated in such a
16
manner as not to damage or destroy any tree,shrub or plant in any public highway or park. •
All planting areas that are adjacent to parking or vehicular circulation areas shall be protected
from vehicular intrusion or damage from excessive vehicular lubricants or fuels.
No person,firm or corporation shall strip,excavate or otherwise remove top soil except in
connection with the construction or alteration of a building on such premises and excavation or
grading incidental thereto.
23. Protection from Animals
No person shall fasten an animal to a tree or shrub located on city property or cause an animal to
stand so that it can damage such tree or shrub.
24. Mutilation of Public Trees
Unless specifically authorized by the City Forester,no person shall intentionally damage, cut,
carve,transplant,or remove any tree.
25. Private Trees
The city shall have the right to cause the removal of any dead or diseased trees on private property
within the city,when such trees constitute a hazard to life and property,or harbor insects or
disease which constitute a potential threat to other trees within the city. In the event of failure of
owners to comply with such provisions,the city shall have the authority to remove such trees and
charge the cost of removal on the owners property tax notice.
Nothing contained herein shall prevent the removal of any trees or portions of trees on private
property,and this Ordinance is not intended to restrict the removal of trees by owners of private •
property.
All dead trees on private property shall be removed by the owner of such property.
All trees planted by any property owner on his or her property shall be planted at least four feet
away from any inner sidewalk line adjacent to the property to protect the sidewalk from
disturbance.
All owners of growing trees shall care for,trim and prune the same when necessary for the
preservation of a tree for public safety.
The owner of any tree shall not permit the roots thereof to disturb, lift,or interfere in any way with
any wall,foundation,driveway,pipeline,or other valuable improvement on the property of any
other person.The owner of said tree shall cause such roots to be removed and shall take such other
action which is necessary to prevent further damage to the improvements.
If the tree trunk emerges from the ground on the line for the public right-of-way and private
property,the city and the private landowner shall share the cost of removal proportionately.
Permits
1. Permit Application for Work on Trees
No person or corporation shall cut,break,climb,injure or remove any tree in a public right-of-way
of the City, or any plant, shrub or tree in any park of the City,without a written permit from the
City Forester.
2. Permit Application for Work Near Trees •
No person shall make any excavation,place any fill,compact the soil or construct any building
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• structure,street,sidewalk,driveway,pavement or public utility within 15 feet of any public tree
without first obtaining a permit for such work from the City Forester and conducting such work in
accordance with such permit.
No person shall deposit,place,store or maintain upon any public place of the City,any stone,
brick,sand, fertilizer to the roots of any public tree growing therein,except by written approval of
the City Forester.
No person shall,without first obtaining a permit from the City Forester: locate,place or maintain
any pole or post in such a manner as to interfere with any tree or shrubs growing in any street or
public place.
Any public utility maintaining any overhead wires or underground pipes or conduits shall obtain
permission from the City Forester before performing any maintenance work on the wires,pipes,or
conduits which would cause injury to street trees. The public utility shall in no way injure,deface,
prune,or scar any street tree until their plans and procedures have been approved by the City
Forester.
3. Standards for Issuance of Permits
Any permit granted shall contain a definite date of expiration and the work shall be completed in
the time allowed on the permit and in the manner as therein described. Any permit shall be void if
its terms are violated.
4. Detailed Criteria for Issuance of Permits
The City Forester shall consider characteristics of the species of tree to be planted,the species of
• existing trees in the neighborhood and the distance from existing and proposed public
improvements in determining whether a permit application should be granted.
The City Forester shall issue the permit provided for herein when he or she fmds that the proposed
plantings conform as to species and location to the policies set forth by the Tree Advisory
Committee.
The permit shall be granted if there is a finding that the removal and destruction will not impair
the growth and development of remaining trees on the property of the applicant of adjacent
properties and would not cause erosion of soil, impair existing drainage, lessen property values in
the neighborhood or impair the aesthetic values of the area or if the tree is diseased or threatens the
health of other trees.
5. Permit Application Fee
A fee in an amount determined by the City Council and fixed by resolution must be paid at the
time of making the application. In the event the application for a permit is denied,the fee shall be
returned to the applicant.
6. Response to Application for a Permit
Within seven days of receipt of a permit application,the city forester shall issue a permit to
perform(within 30 days of the day of issuance)any of the acts specified in this section for which a
permit is required.
7. Exemptions or Special Requirements for City or Utility Workers
•
These license provisions shall not apply to public officials of the City of Elk River,state or federal
governments engaged in the performance of their official duties or anyone working on his own
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premises,or to bona fide yardmen working under the direct supervision of the person who owns •
the property being serviced,or employees of public utilities engaged in securing clearance along
utility easements for the facilities of such utilities.
All city departments shall be exempt from those permit provisions and shall be subject only to
notification of the City Forester of tree work to be performed.
The public utility companies shall be required to submit to the City Forester the names of tree care
personnel used by the utility company to assure that they have been certified by the City Forester.
The city and any public utility company shall notify the City Forester prior to performing any
work that will affect a city tree(s).
8. Other Permit Exceptions
The cutting,removal,or destruction of any tree pursuant to an order or directive of any municipal,
county or state agency,or Court.
9. Permit Standards and Specifications
The person receiving the permit shall abide by the Forestry Policies and Specifications adopted by
the City Forester.
The City Forester shall have the right to make the fmal determination as to location,species,
cultivar or variety of each tree and the method of planting before issuing said permit.
10. Planting Permit Application
No individual,state or municipal board,body or official is permitted to lay any sidewalk along or
to open, construct,curb or pave any street or do any like act so as to interfere with or do injury to •
any highway shade tree without the consent of the City Forester.
Any person desiring to plant a tree upon any public street or public place must first obtain a permit
from the City Forester. Any permit shall be granted to a date certain and shall include
consideration of appropriateness of species, location, size,and public safety.
11. Planting Permit Application Contents
The application required herein shall state the number of trees to be set out;the location,grade,
species,cultivar or variety of each tree;the method of planting; and such other information as the
City Forester shall fmd reasonable necessary to a fair determination of whether a permit should be
issued.
12. Tree Becomes Public Property
Any tree planted pursuant to this section shall become the property of the city.
13. Improper Planting
Whenever any tree shall be planted or set out in conflict with the provisions of this section, it shall
be lawful for the city forester to remove or cause removal of the same,and the exact cost thereof
shall be assessed to the owner as provided by law in the case of assessments.
14. Maintenance Permit Application Contents
The application required herein shall state the number and kinds of trees to be sprayed,fertilized,
pruned or otherwise preserved;the kind of treatment to be administered;the composition of the •
spray material to be applied;and such other information as the City Forester shall find reasonable
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• necessary to a fair determination of whether a permit should be issued.
Whether the removal of the trees is for the purpose of thinning a heavily wooded area where some
trees will remain.
15. Permit for Removal,Replanting and Replacement
No permit shall be required to remove any tree or part thereof which,by reason of damage by fire,
windstorm or other natural calamity,poses a threat to the public health or safety or which
obstructs any public way.
No person shall remove,or substantially alter the habit of,any tree located within a public right of
way,or in a park,without first obtaining a permit from the City Forester.
Any person may make a request to the City Forester for a tree to be removed. The City Forester's
decision to approve removal of a tree shall be based on its detriment to the community,due to
disease, insect damage or other damage which creates a hazard to the public health, safety and
welfare.
16. Removal and Replacement Application Contents
The application for a permit pursuant to this section shall state the purpose of the proposed
alteration or removal,the size,species and location of the tree(s)proposed to be removed or
substantially altered in habit,and the name of the person who will alter or remove the tree. Any
person obtains such a permit shall replace a removed tree with the approval species within twelve
(12)months after such removal.
17. Permit for Replanting
• The City Forester may require the planting of the same or agreed-upon alternate species of trees as
are nearly comparable in type and size as practical to the trees to be removed,when the individual
character of the tree(s)or the ecological setting requires special consideration,as a condition for
the issuance of a permit for the tree removal. The location for planting of the replacement trees
shall be agreed upon between the applicant and the City Forester prior to issuance of a permit for
removal.
18. Annual Permit or None Required for Utilities
Public utility companies shall notify the city forester prior to pruning any tree located on city-
owned property for the purpose of maintaining safe line clearance and shall carry out all such
work in accordance with accepted arboricultural standards.
If the work is to be done by a public utility company pursuant to its regular operations,application
shall be made by the public utility company or its authorized agent and may be for an annual
permit.
19. Utilities Required to Obtain Permit
No person,firm or corporation shall string any wire or wires or lay pipe for the transmission of
gasses through a public park without the written permission of the City Forester.
20. Utility Activities Regulated by Permit
• Every person,firm or corporation having or maintaining any electric,telephone,telegraph or other
wires running through a public highway or park,shall securely fasten and maintain such wires in
such a manner as will safeguard the trees and shrubs against any damage therefrom and shall make
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periodical adjustments whenever necessary to prevent damage to trees and shrubs growing in any •
public highway or park.
Any utility company,instead of temporarily removing service wire shall have the option of
pruning or removing such tree under the direction of the City Forester.
Public utility companies may,during periods of emergency,without specific prior permit,install
temporary attachments to trees and make emergency subsurface repairs.
Public utility companies shall notify the City Forester not less than 2 business days in advance of
commencement of pruning on public lands and public rights-of-way for purposes of routine
clearing of electric,telephone,cable television and similar overhead rights of way.
21. Enforcement
The City Forester is responsible for enforcing the provisions of this ordinance.
22. Interference
No person shall unreasonably hinder,prevent,delay, or interfere with the City Forester or his or
her agents while engaged in the execution or enforcement of this ordinance.
23. Violations
Any person who shall injure,damage,or destroy any tree,shrub,vine,hedge,or other plant
situated upon the public right-of-way of any street,alley,sidewalk,or other public place within the
city shall promptly notify the City Forester of such occurrence and shall,within such reasonable
time as specified by the City Forester in an order,repair or replace the damaged vegetation to the
satisfaction of the City Forester.
It is unlawful,prohibited and a misdemeanor for any person to violate the provisions in this •
ordinance, including failure to comply with any notice and decision of the Board of Supervisors
following appeal.The City must be compensated for damage to or the loss of any tree as
determined in accordance with this ordinance.
24. Separate Violations
Each tree affected by noncompliance with this article shall constitute a separate violation.
Each day a violation is committed or permitted to continue is a separate violation.
The owner of any property where any violation exists,and any builder, contractor,or agent who
may have assisted in the commission of any such violation, shall be guilty of a separate offense.
25. Assessment of Claim
In the event that a nuisance is not abated by the date specified in the notice,the City Forester is
authorized to cause the abatement of said nuisance. The reasonable cost of such abatement shall
be filed as a lien against the property on which the nuisance was located. In addition,the owner of
the property upon which the nuisance was located shall be subject to prosecution.
26. Appeals
The City Council shall have the right to review the conduct,acts,and decisions of the Tree
Advisory Committee. Any person may appeal from any ruling or order of the Tree Advisory
Committee to the City Council who may hear the matter and make fmal decisions.
27. Request for Appeal: Introductory Statements
Any person may appeal any ruling or order of the Tree Advisory Committee to the City Council. •
An appeal must be made in writing,filed with the City Clerks Office and shall contain any and all
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facts which are offered in support of said request.
28. Requests for Appeal: Contents
A statement of the action(s)being appealed together with any material facts in support of his or
her position;
The signature of all parties and date;
A description and justification of the proposed activity;
A description of the tree(s)to be affected including approximate size, location and specie(s);
Specific reasons for appeal;
A statement outlining the interest of each aggrieved party.
29. Revocation of License
In the event of any suspension,revocation or denial of a business license by the City pursuant to
Section _,the aggrieved party shall have the right to appeal such suspension or revocation to
the City Council. Any such appeal must be submitted in writing to the Council within thirty(30)
days after the date of suspension or revocation of the license and include:
30. Appeal of Tree Removal
Any person,aggrieved by the City Forester's decision to remove or not remove the tree may then
apply to the Tree Advisory Committee to overturn the City Forester's decision,except when the
City Forester determines the tree to be a hazard.
31. Right to Enter Private Property
•
The City Forester or his or her designee has authority to enter onto private property for the
purpose of inspecting a public tree when the tree cannot be adequately inspected from public
property,or for the purpose of inspecting a private tree believed to be a nuisance.
32. Emergencies
Work may proceed without notice when exigent circumstances exist and work is required to
prevent or mitigate property damage or public safety hazard,or disruption of essential city
services.
A permit shall not be required by government personnel or agencies who remove a tree in the
performance of their official duties during an emergency declared by the Mayor or City Council.
33. Severability Clause
If any section of the ordinance is found to be invalid or unconstitutional,it does not affect the
validity of remaining sections.
34. Repeal Clause
The provisions of any ordinance or resolutions or parts or ordinances or resolutions in conflict
herewith are repealed,save and except such ordinances or resolutions or parts of ordinances or
resolutions which provide stricter standards than those provided herein.
35. Effective Date
This Ordinance is hereby declared to be of immediate necessity for the preservation of public
peace,health, and safety and shall be in full force and effective from and after its passage and
• publication as provided by law.
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