(A) Whenever the Forester determines that any tree or wood within the city is infected with disease, they may use appropriate disease control methods on all the nearby high value trees, in accordance with methods and procedures prescribed by the Commissioner of Agriculture of the State of Minnesota or the Commissioner of Natural Resources of the State of Minnesota. Notice shall be provided under this section in the manner prescribed for abatement.
(B) The Forester shall maintain trees on public streets, parks, boulevards and other public properties to facilitate the safe passage of pedestrian and vehicular traffic.
(C) No person shall plant, remove, cut above the ground, or disturb any tree on any public place without first obtaining written permission from the City Forester. The City Forester shall consider all requests by property owners for the planting or routine removal of public trees in accordance with the following standards:
(1) No more than one tree shall be planted for each 30 feet of property frontage.
(2) No trees may be planted under or within 25 lateral feet of any overhead utility wire, except tree varieties that reach a mature height of 25 feet or less. No trees may be planted over or within five lateral feet of any underground water line or gas line, or over or within five lateral feet of any sewer line, transmission line or other utility.
(3) No trees may be planted midway between the existing curb and sidewalk without the approval of the City Forester. In areas where curb and sidewalk do not exist, no tree may be planted closer than three feet from the projected curb line.
(4) No tree shall be planted closer than 30 feet of any street corner, measured from the point of nearest intersecting curbs, or curb lines. No tree shall be planted closer than ten feet of any fire hydrant.
(5) No person, firm, or city department shall top any public tree. Topping is defined as 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. 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 subdivision at the determination of the City Forester.
(6) No tree stumps shall remain on any property. All stumps of trees shall be removed or buried to the level of the surface of the ground surrounding the stump. Residents may request in writing an exception from the City Forester. The request must clearly state the reason the exception is being requested, and why allowing the stump to remain should be considered. If at any time thereafter, the stump is found to be a nuisance, the City Forester may rescind the exception and require the removal of the stump.
(D) The City Forester shall locate, select and identify any trees which qualify as “Landmark Trees.” A tree may qualify as a Landmark Tree if it meets one or more of the following criteria: species rarity, old age, association with a historical event or person, abnormality, or scenic enhancement.
(E) The city shall have the exclusive right to plant, prune, maintain and remove public trees as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds and rights-of-way.
(F) No person except the City Forester, their agent, or a contractor hired by the city may plant, remove, prune, trim, spray or otherwise treat public trees without first obtaining written permission from the City Forester. The removal of basal suckers, also called water sprouts, is exempted from this clause. The person obtaining the written permission shall abide by the standards set forth in this section.
(G) When the development of private and/or commercial property occurs, the Planning and Zoning Commission, City Engineer, and City Forester shall review landscaping plans and may require trees to be planted in any of the streets, parking lots, parks or other public places abutting lands henceforth developed and/or subdivided.
(H) A person, partnership, corporation or other entity who violates or refuses to comply with any of the provisions of this article, upon conviction thereof, shall be punished as provided in § 1.999. Each day that a violation exists shall constitute a separate offense. If, as the result of the violation of any provision of this section, the injury, mutilation or death of a public tree located on city owned property is caused, the cost of repair of replacement of such tree, shrub, or other plant shall be borne by the party in violation. The replacement value of trees and shrubs shall be determined in accordance with the latest revision of “A Guide to the Professional Evaluation of Landscape Trees, Specimen Shrubs, and Evergreens,” as published by the International Society of Arboriculture.
(`77 Code, § 4.202) (Am. Ord. 1248, passed 7-13-92; Am. Ord. 1579, passed 4-12-10; Am. Ord. 1676, passed 4-25-22)