(A) Boulevard regulations. New trees, herbaceous plants or shrubs shall be planted at least five feet behind what is designated as the curb, plantings shall be reviewed by both the City Engineer and Public Works Department, and they shall be planted in a manner consistent with the terms of this section. “Boulevard” is defined as that part of the public right-of-way which exists between the edge of the street and the beginning of a private landowner's property line. Planting shall be permitted by permit only.
(1) The owner of a lot fronting on or adjacent to any portion of a street shall maintain any trees, shrubs, hedges or other landscaping along said street or within the street right-of way adjacent to his or her property in such non-dangerous condition that the trees, shrubs, hedges or other landscaping will not interfere with the public convenience or safety in the use of the streets and sidewalks. Owners shall maintain such street trees so that there is a minimum nine-foot vertical pedestrian clearance from the top of the sidewalk and a minimum 16 foot vertical vehicular clearance from the top of the curb to any part of a street tree. All plantings shall be reviewed to address future utility improvement conflict avoidance.
(2) For purposes of this section, maintenance of trees, shrubs, hedges and other landscaping includes but is not limited to, deep root watering, root pruning, installing root barriers, clearance and structural trimming, fertilizing, pest control, and removal of branches, leaves and other debris. In the case of removal due to utility/street construction impacts, the City Engineer shall dictate and transmit a final removal plan to the City Council.
(3) Property owners required by this section to maintain trees, shrubs, hedges and other landscaping shall owe a duty to members of the public using public streets and sidewalks to maintain such trees, shrubs, hedges or other landscaping in compliance with provisions under this title and city adopted pruning guidelines, in a safe and non-dangerous condition for users of the public streets and sidewalks.
(4) If any fronting or adjacent property owner fails to maintain any adjacent trees, shrubs, hedges or other landscaping in a non-dangerous condition as required by this section, and any person suffers damage or injury to person or property, the fronting or adjacent property owner shall be liable for all damages or injuries caused by the failure of the owner to maintain these areas.
(B) Permits.
(1) No person shall plant trees, herbaceous plants or shrubs in a public boulevard without first obtaining a permit from the city to do so.
(2) The following provisions apply to the issuance of permits for planting trees or herbaceous plants or shrubs on a public boulevard.
(a) The application. An application for a permit shall state the number of trees, herbaceous plants or shrubs to be planted or removed, the location, size and specific species of each tree, herbaceous plant or shrub. The application shall be filed with the City Clerk/Administrator with the correct permit fee as set by resolution of the City Council.
(b) Standards for issuance. Permits shall be issued after the application has been determined to be in compliance with Title XV as determined by the City Clerk/Administrator.
(c) Replacement. As a condition to granting a tree permit, the city may require the applicant to relocate or replace trees in a manner consistent with Title XV. Additionally, the replacement tree must be of an approved tree species that is approved and designated by the Minnesota DNR and specified on a list of approved tree species approved and adopted by the City Council from time to time.
(d) Permit denial. If a tree planting or permit is denied, the reasons for denial shall be set forth in writing given to the applicant. The permit fee collected at the time of application shall be refunded to the applicant.
(e) Denial appeal. Any applicant adversely affected by the decision may appeal to the City Council.
(C) Areas not applicable.
(1) The removal of trees on public easements/rights-of-way, conducted by or on behalf of federal, state, county, or municipal or other governmental agency in pursuance of its lawful activities or functions in construction or improvements;
(2) The removal of any tree by a public utility when such tree has the reasonable potential of endangering the facilities operation by the utility.
(D) Prohibitive obstructions.
(1) Obstructing view. No tree or herbaceous plant or shrub shall be planted or allowed to grow so as to obstruct the view of any vehicular traffic on streets or pathways or pedestrians on pathways.
(2) Utilities. No tree may be planted under or within ten lateral feet of any overhead utility wire or over or within ten lateral feet of any underground water line, sewer line, gas, phone cable, electrical wire, communication cable, or any other buried utilities.
(E) Trimming of trees, hedges, shrubs or other plantings. Private property trees, hedges, shrubs or other plantings must be trimmed so as not to cause a hazard to persons or property on abutting property. All trees shall be pruned to sufficient height to allow free passage to pedestrians and vehicular traffic nine feet over sidewalks and 16 feet over streets. All such plantings shall be located 30 feet distant from any intersection. Plantings other than trees in the public right of way must be kept lower than three feet in height.
(F) Tree ordinance fees. Fees for all permits and other applicable required city services under this section shall be as set forth in the city fee schedule as periodically set by the City Council.
(G) Emergencies. In the case of emergencies involving but not limited to tornados, wind storms, floods, freezes or other natural disasters, the requirements of this section may be waived by the Mayor, or in the absence of the Mayor, the acting Mayor.
(Ord. 2, Second Series, passed 1-9-24)