CHAPTER 94: TREES
Section
General Provisions
   94.01   Statement of purpose
   94.02   Authority and power
   94.03   Applicability
   94.04   Definitions
   94.05   Insurance
   94.06   Landscaping
   94.07   Tree planting, maintenance, and removal
   94.08   Adjacent landowner responsibility
   94.09   Tree protection; disease
   94.10   Trees; public nuisance defined and designated
   94.11   Enforcement
   94.12   Violations; claims and appeals
   94.13   Effective date
 
Shade Tree Program; Stockpiling
   94.25   Regulations adopted by reference
   94.26   Stockpiling of elm firewood permitted September through April
   94.27   Violations
   94.28   Effective date
GENERAL PROVISIONS
§ 94.01 STATEMENT OF PURPOSE.
   It is the purpose of this subchapter to promote and protect the public health, safety, and general welfare by providing for the regulation of the planting, maintenance, and removal of trees, shrubs, and other plants within the City of Madison Lake. It is hereby declared to be the policy of the City of Madison Lake, Minnesota, to regulate and control the planting, transplanting, treatment, removal, maintenance, and protection of trees and shrubs in the city in order to control diseases, to eliminate and guard against dangerous conditions which may result in injury to persons using the streets, alleys, sidewalks, or other public property of the city; to prevent damage to any public utility, street, sidewalk, or other public property; to protect trees and shrubs located in public areas from undesirable and unsafe planting, removal, treatment, and maintenance practices; to guard all trees and shrubs within the city against the spread of disease or pests. The provisions of this subchapter shall apply to all trees , shrubs, or plants growing or hereafter planted in or upon any public right-of-way or other premises which shall threaten the lives, health, safety, or welfare of the public or of the property owned or controlled by the city.
(Ord. 176, passed 7-19-1993)
§ 94.02 AUTHORITY AND POWER.
   (A)   Generally. There is hereby created and established a City Tree Board for the City of Madison Lake, which shall consist of 5 members, citizens and residents of this city, who shall be appointed by the Mayor with the approval of the City Council. Members of the Board shall serve without compensation. The City Maintenance Superintendent and Planning Director shall serve as ex officio members of the Board. The City Clerk-Treasurer shall provide clerical assistance. Area foresters shall also serve as advisors.
   (B)   Board officers; regulations; quorum. The Board shall choose its own officers, make its own rules and regulations, and keep a journal of its proceedings. A majority of the members shall constitute a quorum for the transaction of business.
   (C)   Term of office. The term of 5 persons appointed by the Mayor shall be 3 years, except that the term of 2 of the members appointed to the Board shall be for only 1 year and the term of 2 members of the first Board shall be for 2 years. In the event that a vacancy shall occur during the term of any members; his or her successor shall be appointed for the unexpired portion of the term.
   (D)   Board power and duties. The Board shall have the following power and duties:
      (1)   Determine and establish the rules and regulations for the conduct of the Board as the members shall deem advisable; provided, however, that the rules and regulations shall not be in conflict with this chapter or other city, state, or federal law;
      (2)   Recommend the adoption and alteration of all rules, regulations, and ordinances which it shall from time to time deem in the public interest and most likely to enhance and beautify the urban footrest, and for the purposes of carrying out this subchapter;
      (3)   Recommend the broad matters of policy regarding the planting, maintenance, and removal of trees and other vegetation on city property;
      (4)   Recommend policies for the review and approval of capital projects where trees or other vegetation will be planted or removed on city property;
      (5)   Recommend policies for the review and approval of projects on private property where open space and/or landscaping is required as a condition for the development, and recommend policies for the enforcement of approved plans;
      (6)   Assist the urban forester in encouraging landscaping installation and maintenance on private property by providing information on the value of landscaping and on the proper planting and care of trees and other vegetation;
      (7)   Identify landscaping projects that will enhance the urban forest and advocate incorporating of the projects into the capital planning process;
      (8)   Recommend policies and procedures to identify, mark, publicize, and preserve historic and notable trees on both public and private property;
      (9)   Assist the urban forester in promoting appreciation of trees and the urban forest through annual Arbor Day observances and other activities;
      (10)   Review those portions of the city budget allocated for the planting and care of trees and other vegetation, and advise the City Council on the appropriateness of the funding levels;
      (11)   Whenever a vacancy occurs in the position of City Forester, recommend a procedure to select a replacement;
      (12)   Encourage improvement, of the urban forest, through planning and policy development;
      (13)   Assist city departments in every way possible to enhance the urban forest in the city; and
      (14)   In all instances, serve as an advocate of the city urban forest.
   (E)   Forester. The city shall seek the advise of foresters available with the Minnesota Department of Natural Resources and Blue Earth County.
(Ord. 176, passed 7-19-1993)
§ 94.03 APPLICABILITY.
   This subchapter 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.
(Ord. 176, passed 7-19-1993)
§ 94.04 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   PARK TREE. Trees shrub, bush, or other woody vegetation in public parks having individual names, and all areas owned by the city, or to which the public has free access as a park.
   PARKING AND PLANTING STRIP. The area between the curb and sidewalk and the area between sidewalk and private property line that is city-owned property; unpaved street side city property; or an area inside the private property line where an easement is given to the city for the purpose of planting trees.
   PRIVATE TREE. Any and all trees growing on private property within the city limits.
   PUBLIC RIGHT-OF-WAY. The portion of property reserved for public use and accepted for the use by the city to provide circulation and travel to abutting properties, including, but not limited to streets, alleys, sidewalks, provisions for public utilities, cut and fill slopes, and open public spaces.
   PUBLIC UTILITY. Any public, private, or cooperatively owned line, facility or system for producing, transmitting or distributing communications, power, electricity, light, heat, gas, oil, television, water, waste or storm water, which directly or indirectly serves the public or any part thereof within the corporate limits of the city.
   TOPPING A TREE. The severe cutting back of limbs to stubs within the tree’s crown to such a degree so as to remove normal canopy and disfigure the tree.
   TREE, LARGE. Any plant material that will grow to a height of over 50 feet.
   TREE, MEDIUM. Any plant material that will grow to a height of 50 feet.
   TREE PARK. A tree, shrub, bush, or other woody vegetation in public parks having individual names, and all areas owned by the city, or to which the public has free access as a park.
   TREE, PRIVATE. Any and all trees growing on private property within the city limits.
   TREE, PUBLIC. All trees growing on any street, park, or any public place owned or managed by the City of Madison Lake.
   TREE, PUBLIC 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.
   TREE, SMALL. Any plant material that will grow to a height of 30 feet.
   TREE, STREET. A tree, shrub, bush, or other woody vegetation on land lying between property lines on either side of all streets, avenues, boulevards, or within the city.
(Ord. 176, passed 7-19-1993)
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