(A) Permission required for trees and shrubs planted on public right-of-way. Any person may plant a tree or shrub within unimproved public right-of-way, a median, or street lawn that is immediately adjacent to his or her property, upon obtaining written permission from the city and provided that the following conditions are met:
(1) The applicant must apply for permission at least ten working days prior to actual planting.
(2) A representative of the city shall conduct an on-site visit and approve tree/shrub species and location of proposed planting.
(3) Applicant must locate all underground utilities prior to the on-site visit.
(4) The applicant shall acknowledge his other responsibility for the reasonable maintenance of all permitted trees and/or shrubs after they are planted, which shall constitute a binding, real covenant between applicant, applicant's successors in interest, and the city.
(5) Trees planted in the street lawn shall meet the following minimum linear spacing requirements:
(a) Forty feet between large trees.
(b) Thirty feet between medium trees.
(c) Twenty feet between small trees.
(6) The minimum width of a street lawn planting area shall be five feet for small trees, eight feet for medium trees, and ten feet for large trees. The tree shall be centered in these areas. Due consideration shall be given for future right-of-way improvements (e.g., street widening sidewalks, etc.)
(7) No tree shall be planted closer than ten feet to the nearest fireplug or utility pole.
(8) No tree shall be planted within 30 feet of the nearest end of the street curb radius where traffic control devices are present.
(9) Only small trees shall be planted under or within 15 lateral feet of overhead utility wires.
(10) No shrub shall be planted in such manner as to interfere with necessary access to any public utility or traffic control device or mailbox.
(B) Tree removal and maintenance; restrictions in downtown core area: appeals.
(1) Unlawful acts. It shall be unlawful for any person to cut, carve, poison by use of any gaseous liquid, herbicide, or other toxic substance harmful to trees, transplant, temporarily or permanently attach any signs, boards, or other items excluding tree support devices, or damage any trees or shrubs located on city property, any street lawn, or other public right-of-way.
(2) Excavation in public right-of-way. Any excavation in the public right-of-way, street lawn, or other city owned or controlled property is subject to these provisions and other provisions of the municipal code.
(3) Tree removal by city. The city shall assume responsibility for removal of a tree in the right-of-way only in one or more of the following conditions exist:
(a) A tree is dead or severely damaged;
(b) A tree is damaging or potentially damaging infrastructure;
(c) A tree must be removed because of a city-related construction project;
(d) A tree is causing an unacceptable safety risk.
(4) Removal of tree stump. The adjoining property owners(s) may remove a tree and stump at their expense when the tree does not qualify for removal by the city.
(5) When city authorized to prune trees. The city is authorized to prune trees growing on private property that in the judgment of the city's agent, present an unacceptable safety risk to vehicular or pedestrian traffic in the right-of-way, or may order the pruning or removal of any permitted trees or shrubs from any publicly owned or dedicated right-of-way when same are determined to be a public nuisance as defined herein of the municipal code. No provision herein shall restrict the right of any public utility, with prior approval of the city, to prune or remove any tree or shrub on public right-of-way, to allow for the reasonable use and maintenance of their respective facilities.
(6) Downtown core area.
(a) Trees located in downtown core area. No trees or shrubs shall be planted, pruned, or removed by any person other than the city, its licensed agent or contractor, on or from city property or right-of-way within the downtown core area.
(b) Decorations. No trees or shrubs located on city owned property or public right-of-way within the downtown core area shall be decorated in any manner by any person other than the city, its licensed agents, contractors, or other authorized persons, in connection with any festival, holiday, or other community event, without the prior written approval of the city.
(7) Denial of permit by city. The city reserves the right to deny the issuance of any permit authorized herein under circumstances that are harmful to the health, safety, welfare, and/or interest of the public.
(8) Appeal.
(a)
Any applicant for a permit required by this section, or any property owner in the downtown core are adversely affected by the decision of the city in the application or interpretation of any of the provisions in this section, may appeal said decision to the city. The appeal provided herein shall be perfected by filing written notice thereof with the City Clerk within ten days after notification of the decision on an application for a permit. The notice of appeal required herein shall set forth the reasons why the appeal is being taken and what relief is sought. The appeal shall be heard by the Code Enforcement Board within 20 days after the filing of the notice of appeal. The appellant shall be notified of the date, time, and location of the hearing, and for good cause only, may be granted a continuation of the hearing to a mutually convenient date and time.
(b) The hearing on the appeal shall be conducted under rules uniformly applicable to both the appellant and the city. Both the applicant and the city shall have the right to make statements, offer and examine witnesses, and present evidence in support of their respective positions, cross examine witnesses, and submit any other information relevant to the adjudication of an appeal. At the conclusion of the hearing on the appeal, or within ten days thereafter, the Code Enforcement Board shall issue a written decision containing findings of fact based upon the evidence produced at the hearing and shall notify the affected parties, in writing, of its decision. Any appeal of the decision shall be filed in writing with the Hopkins District Court no later than 30 days following the issuance of the decision of the Code Enforcement Board.
(Ord. 92A, passed 8-19-2013; Ord. 2023-03, passed 5-16-2023)