§ 97.03  PLANTING, REMOVING TREES IN BOULEVARDS; PERMIT; REGULATIONS.
   (A)   Permits for planting trees in boulevards.
      (1)   A permit must be secured at the office of the Director of Public Works before planting any tree in any boulevard within the corporate limits of the city, said permit to be in the amount duly established by the Council from time to time. Trees are to be purchased and planted by the property owner of the land abutting the boulevard, or by a person retained by the property owner. Varieties of trees approved are those trees of the hard wood variety, good appearance, adaptability to the climate, long lived and generally free from injurious insects and diseases.
         (a)   An approved list of acceptable boulevard trees can be found on file with the City Engineer's office.
         (b)   Property owner may petition the Shade Tree Commission for approval of a tree variety not indicated on the approved lists.
      (2)   Any property owner securing a building permit for construction of a new building shall be assessed a surcharge for each available planting space within the boulevard. The surcharge for large variety trees shall be $100, and small variety trees at $80. Small variety trees may only be used in the case of overhead utility lines being present. The number of planting spaces shall be determined after review of the site plan by Director of Public Works. The city will procure, and plant each tree in April or May following the issuance of certificate of occupancy by the city, or at another designated time if requested by the property owner. Should the property owner desire to acquire and plant a tree on his or her own for each available planting space within the boulevard, with said tree(s) meeting city specifications, or should the property owner fail to return the tree request form within one year of the issuance of the certificate of occupancy, the surcharge will not be rebated. Plantings by property owners shall be completed one year from certificate of occupancy issued by the City Building Inspection Division.
      (3)   The city does not guarantee the survival of each tree. If a tree dies any time after being planted by the city and the property owner requests a new tree in its place, the city will plant a new tree and charge the property owner the full cost for the replacement tree. This cost shall be certified by the Director of Public Works to the Council prior to October 1 in each year. The amount so charged against said premises, lots or parcels of land shall be a lien upon the property on which said plantings were located, and shall be added to, and become, and form part of the taxes next to be assessed and levied upon such lot or land, and the Council shall, by appropriate resolution, assess the costs above mentioned against said premises, and certify the same to the County Auditor. The same shall be collected and enforced in the same manner as the collection of real estate taxes.
   (B)   Regulations for planting trees on boulevards.
      (1)   Trees must be cultivated nursery stock which meet specifications on file in the office of the Director of Public Works. Developers may designate a particular variety of tree for boulevard plantings when platting occurs, which may not provide the property owner a choice in variety selection.
      (2)   No trees shall be placed so as in the opinion of the Director of Public Works to cause a traffic hazard.
      (3)   Small trees shall be planted at least 25 feet apart and large trees 40 feet apart.
      (4)   Trees shall not be planted closer than 44 feet from future or existing curb returns at intersections.
      (5)   Trees shall be planted at least five feet from driveways, house-sidewalks, visible or identifiable underground utility or light poles.
      (6)   Except where a special permit is obtained from the Director of Public Works, no tree shall be planted on any boulevard where the distance between the nearest edge of the sidewalk and curb is less than six feet.
      (7)   All trees shall be planted equidistant from the nearest edge of the proposed or existing sidewalk and curb, except when the Director of Public Works may direct otherwise.
      (8)   Trees shall be planted at least ten feet from fire hydrants.
      (9)   Where the boulevard width is inadequate or underground utilities do not allow space to plant trees, trees may be planted on the adjacent private property with the permission of the property owner. When a sidewalk is present, trees shall be planted between five and ten feet from the property line onto the adjacent private property. When no sidewalk is present, the tree shall be planted within four feet of the front property line. These trees shall become the property of the property owner and the care and maintenance shall be the responsibility of the property owner.
      (10)   Only trees from the small variety list are approved for under or near power lines.
      (11)   The Director of Public Works will assist in staking out the location of the tree planting, at the request of the property owner. Property owner shall call Gopher State One Call (1-800- 252-1166) to obtain utility locations before planting the tree in the desired location. The city may direct said property owner to replant a tree if it does not conform to planting requirements stated elsewhere in this division (B).
   (C)   Removal of trees on boulevards.
      (1)   The city will remove trees that are determined by the Director of Public Works to be diseased, dangerous or a public nuisance.
      (2)   Ordinary removal by the city will leave the stump in the ground, cut off at about boulevard level. The stump will be ground out, with black dirt and grass seed placed in the hole.
      (3)   Removal of any tree is to be approved by the Director of Public Works before removal.
      (4)   New trees will be put in at the expense of the city when the city removes trees in the process of street construction or reconstruction.
      (5)   Requests from property owners to remove boulevard trees for the purpose of development, expansion, driveway placement and the like are to be approved by the Director of Public Works. If approved, the property owner shall be responsible for removal of the tree and stump in accordance with § 117.60 and all costs thereof. The property owner shall also be responsible for the cost of a replacement tree if determined necessary by the Director of Public Works.
(1992 Code, § 660:20)  (Ord. 1058, passed 4-7-1992; Ord. 1135, passed 3-19-1996; Ord. 1232, passed 5-16-2000; Ord. 1330, passed 11-5-2003; Ord. 1441, passed 4-21-2009; Ord. 1468, passed 3-1-2011; Ord. 1556, passed 1-3-2017)  Penalty, see § 97.99