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HomeMy WebLinkAbout#104 Planting Trees on Blvd. ~ 3TATE OF MINNESOTA following regulatioris and standards shall COUNTY OF RAMSEY apply with reference to granting or , VILLAGE OF AADEN HILLS denying applications fior tree planting: ORDINANCE NO. 104 AN ORDINANCE BEGULATING THE (a.) Only trees whieh are at lem,st one and ox~e-half inchea in dis- N PLANTING OF TREES IN BOUI.E- meter measured one foot above VARD AREA3 IN THE VILLAGE OF the ground shall be plant~. Only ~ ARDEN HILL3, PROVIDING A the following types of trees shall pERMIT PROCEDURE, ESTABLISHING REGULATIONS FOR 3UCH be permitted hereunder: white or "r ~ PLANTING, AND PROVIDING green ash; sugar, Norway or P E N A L T I E S F O R V I O L A T I O N Red maqle; hsckberry, and Lin- ,J The Village Council of the Village of den. Under no circumstances eha l l Arden Hills doea hereby ordain as fol- Permits be granted for cotton- wood treea. lowa: Section 1. Pnrpose. The planting of (b.) Permits shall not be granted un- trees on areas in Arden Hilla dedicated lesa there 4a at least feet be- for public highways, which' treea are - t n the curb line an s1 ew ~ sometimes referred to herein as boule- ~ne at ttie pe inen oca on. _ n'~... vard trees, is a matter of public intereat The curb line shall be determined and it is the purpose of this ordinance by using the projected street width ~ to pmvide a procedure for permitting rather than the existing pave- ' auch planting under certain circum- ment location, and, the sidewalk ~ stances and subject to certain regula- should be assumed even if it fa tiona as provided herein. not present or anticipated. In no Seetion 2. Planting Pursnant to Per- event shall trees be permitted mit. Plantine of trees on property dedi- within three and one-half feet of ~ cated for public right-of-way is pro- the pmjected curb. hibited in the Village of Arden Hilla (c.) Trees ahould pot be planted closer nnlesa permits therefor are first ob- - r, wi h tained from the Administrative Clerk. respeet Lo trees whrc wi ceed ~~vdL Application for such Fertnits shall be under 40 feet at maturity; with made on forxna provided by the Clerk respect tA treea whieh wil] exceed and no fee shall be charged for such 40 feet in height at maturity, Dermita. the required spacing ahould be Applications shall give the name and at least 76 feet center-to-center. address of the applicant and Provide a (d.) The aFPlicant shall be required. n _ - sketch or other adequate informatjon to to restore the sod to ite ori 'na indicate the Aroposed location of the condx1n3 ne. tree or trees to be planted, which loca- (eJ The n A _ tion. shall be ¢iven with re4erence to sibilitv for *inin}.emmnra. nnd case .s" the, exiating edge of the pavement, the of tho t*_a and mimt undertake propert9 line of the abuttin g Aroperty, ta water the trees well during ~ the aize and type o€ proposed tree, and the first growing season. Trees, n the exact location of the tree or trees which do not survive the second ~y.~~( fmm some fixed ob]ect or point. App1i- growing season shall removed cations must be made by the owner of Uv-"-_e ~atxnen . the property abutting proposed locatioit (f.) The mem er of the Parka Depart- of the tree or trees to be planted. - ment who inspects the site and Upon receipt of such an app]ication recommends the granting of the the Clerk ahall first determine whether permit shall drive atak~ ark- the necessary information ia giaen, and ing the apot or e• an mt' shall . t~hen refer adequate applicatione (gJ 'I4ees s a n~o _ Z W~*~_*_ to the Parlcs Department for proceasing. 12 feet of any~i*+*>- The Parka Department shall determine ity- po e, or other fixturQ; n~ $y inapection of the proposed site and sTa~' ey~over anv application of the standarda given herein any public utilit such ae a sew- whether said apPlication should be grsnt- er or a water • no shall ed and shall return the aAplication to y e y anted within ~ the Clerk with recommendation for or an interaection; in auch a against granting. If approved the Clerk r -that on maturity they shall issue the perxnit on #orma provided will interrere with the visibilit for that purpose, and iP the application o . ia disappmved by the Parka Department (h.) Ih conaidering the applications the Clerk shall notlfy the applicant af for permits the parks Depart- the denial. menL; Board oP Appeals and The applicant may agpeal any denial Counci! shall consider the size of such an application to the Vi}lage mnd type di the propoeed tree in Couacil by notifying the Clerk in writing relation to other boulevard trees of such requeat within SO days after in Arden Hills. In genersl o=n receipt of notice o4 the denial. The ap- aueciaa of tree should not wns~a~ ' plication shall then be referred by the ute more t si a fal Clerk to- the Bosx'd of Appeals, which ou ev in r en 1111 s, shall consider the application at its next an in anne ock, ineluding scheduled meeting and repart its. recom- both sf~~reet, there - mendation thereon to the Council. If ou the applieant includea in his request to apecies and s maximum of thren the Clerk his desire for hearing on the e ~es oR boueva'-rT trees. In matter, such hearing shall be held be- permi ng vaneties o apecies to fore the Board of Appeals. After con- be planted consideration shpuld sideration of recommendation of the be givea to the desirability that Board of Apgeats, the Counai] shall af- the aDecies conform as to pize firm or reveYse the action of the E1erk. upon maturity. To the greaitest Section S. Permits. All permits granted extent posaible, planting should under this Ordinanee shall provide that be permitted in unite of a blcek ~ the granting of the permiE places no at one time. obligation upon the Village nor does it 3xtion 5. $everability. If any portion impose upon the Village any require- of thia ordinance shall be found uncon- ment for maintenance of said treee. etitutional, the balance of the ordinance Any trees planted on public right-of-way shall continue to be in full force and or other Dublic groperty sre glacec} effect. ~ therean entirely at the risk of the planffir Section 6. Penalty. Violation of this and any treea so planted may be re- ordinance shall be punished by a£ine L.._-- ' moved, trimmed, maintained, moved, or of not ta exceed $100.00 or imprison- otherwise changed at any time by order ment for a term not to exceed 10 days. of the Council. In the event that re- Section 7. Effective Date. This Ordi- moval of the trees or maintenance of nance ahall be effective from and after k ilbe he trees is considered necessary by the its passage and publicatian. ouncil and is done at Village expense Passed by the Village Oouncil af the 7~ he eost thereof may be assessed against Village of Arden Hilla thia llth d~ay property awner or the abutting prop- of March, 1968. erty owner. All teea planted under such ' RO$ERT BJORNDATiL pemits become public property whea- the Mayor ' planting ia completed. - Attest: Lorraine E. Stromqnist Seetion 4. Regulstione and 3tandarda Adminiatrative Clerk for Planting of Boalevard Treea. The (Bulletin: March 28, 1968) , . ' . ' ' - . . - - I . •ry S . . . - . . . . , ' ' . . , ' ' . 1 , . . . ' I STATE OF MINNE$OTA , pollowing regulationa and standarcls shall COUNTY OF RAM3EY. agFly with reference to granting or VILLAGE OF ARDEN HILLS denying apglicationa for tree planting: ~ ORDINANCE NO. 104 (a.) Only trees which are at least AN ORDINANCE REGULATING THE one and one-half inches in dia- PLANTING OF TREEB IN BOULE- meter measured one foot above VARD AREA3 IN THE VILLAGE OF the ground shall be P1anted. Only ARDEN HILLS, PROVIDING A the following types of trees shall PERMIT PROCEDURE, ESTABLISHING be permitted hereunder: white or RR6ULATION3 FOR SUCH green ash; sugar, Norway or PLANTING. AND PROVIDING Red maple; hackberry, and Lin- PENALTIE3 FOR VIOLATION den. Under no circumatances shall The Village Gouncil of the Villa,ge of permits be gianted for cotton- Ar@en Hills dces hereby ordain as fol- wood trees. lowa : Section 1. Parpose. The planting of (b.) Permits shall not be granted un- trees on areas in Arclen Hills dedicated less there is at ]east 7 feet be- for Public highways, which trees are tween the curb line and sidewalk " sometimes referred to herein as boulr " ]ine at. the pertinent ]ocation. card trees, is a matter of public interest The curb line, shall be determined - and it is the purpose of this ordinance by usin8 the projected street width - to provide a procedure for permitting rather than the exiating pavr auch planting under certain circum- ment ]oeation, and the sidewalk etances and subject to certain regula- should be asaumed even if it is tions as provided herein. not yresent or anticipated. In no Section 2. Planting Pursuant to Per- event shall trees be permitted " mit. planting of trees on property dedi- within three and one-half feet of cated for public right-of-way is pro- the projected curb. , hibited in the Village of Arden Hills (c.) Trees should not be planted cluser unless permits therefor are firat ob- than 50 feet center-to-center, with tained from the Adminiatrative Clerk. respeet to treea which will exceed Application for such germits shall be under 40 feet at maturity; with made on forms provided by the Clerk respect to trees which will exceed " and no fee shall be charged for euch 40 feet in height at maturity, yermits. the required apacing should be Applicationa shall give the name and at ]east 76 feet center-to-center. addresa of the applicant sad provide s (d.) The applicant shall be re4uired sketch or other adequate information to to restore the sod to ite original indicate the proposed location of the condition after elanting. tree or trees to be planted, which loea- (eJ The planter shall assume respon- tion shall be given with reference to sibility far maintenance and care the existing edge of the pavement, the of the treea, and must undertake ~ property line of the abutting Froperty, to water the treea well during the size and type of proposed tree, and the first growing season. Trees the exact lceation of the tree or trees which do not survive the second from some fixed ob]ect or point. Appli- gmwing season shall be removed cations muat be made by the ownen o4 by the planter at hia espenae, . the proBerty abutting proposed location (f.) The member of the Parks Depart- of the tree or trees to be planted. ment who inapecta the site and Upon receipt of such an apnlication recommends the granting oP the the Clerk shall first determine whether permit shall drive a atake mark- the necessary information is given and ing the spot for the planting. shall then refer adecluate applicationa (g.) Trees shall not be planted within to the Parks Department for proceasing. 12 feet of any fire hydrant, util- , The Parks Department shall determine ity pole, or other fixture; aor bY inapection of the proposed eite and shall they be Blanted over any application of the standards given herein any public utility, such as a sew. whether asid application ahould be grant- er or a water line,• nor shall , ed and shall return the aPPlication to they be ylanted within 16 feet of the C9erk with recommendation for or an intersection; nor in auch a againat granting. If appmved the Clerk manner that on maturity they shall issue the permit on forms provided will interfere with the visibility for that purpose, and if the application of traffic signs or aignals. is disapproved by the Parks Department (h.) In considering the aPPlicationa the Clerk shall notify the applicant of for permits the Parks Depart- the denial. ment, Board of Appeals and The applicant may appeal any denial Counei! shall conaider the size ' of such an app3ication to the Village and type of the propased trer in Council by notifying the Clerk in writing relation to other boulevard trees of fiuch request within 30 days after in Arden Hills. In genera] one receipt of notice of the denial. The ap- species of tree slioald not consti- plication shall then be referred by the tute more than one-half of the Clerk to the Board of Appeals, which boulevard trees in Arden Hills, shall consider the application at its next and in any one block, ineTuding . acheduled meeting and reiort its recom- both aides of the street, there mendation thereon to the Council. If ahoald be s minimum of two the applicant includes in his request to apecies and a maximum of three the Clerk his desire for hearing on the species of boulevard trees. In matter, such hearing shall be held be- permitting varieties oP species to fore the Boerd of Appeals. After con- be planted consideration ahould sideration of recommendation of the be given to the deairability that Board of Appeals, the Council shall af- the aDecies conform. aa to size firm or reverse the action of the Clerk. upon maturity. To the greatest- Section 3. Permits. All permita granted extent possiltle, planting ahould under this Ordinance shall provide that be permitted in units of a block tbe granting of the Dermit places no at one tixne. obligation upon the Village nor does it Section B. Severability. If any partion impose upon the Village any requirer of this ordinance shall be found uncon- ment for msintenance af said treee. atitutional, the balance of the ordinance Any trees planted on public right-of-way shall continue to be in ful] force and ' or other Dublic ymperty are glaced effect. therean entirely at the risk of the planter Section 6. Penalty. Violation op this ' and any trees so planted may be re- oxdinance shall be punished by a fine - moved, trimmed, maintsined, moved, or of not to exceed $100.60 or imprieon- otherwiae changed at any time by order ment for s term not to exceed 10 days. of the Council. In the event that re- Section 7. Effective Date. This Ordi- moval of the trees or maintenance oP nance shall be effective from and after the trees ia considered neceseary by the its passage and publicatian. Counci] and is done at Village expense Pasaed by the Village Qounci] of the the cost thereof may be assessed against Village of Arden Hills this llth day the property owner or the abutting prop- of March, 1968. ~ erty owner. All tees planted under such ROBERT BJQRNDAHL pemits become public property when the Mayor planting ia completed. Atteat: Lorraine E. Stromquist Section 4. Regnlations and Standarda Adminiatrative C'lerk for Planting of Boulevard Treee. The (Bulletin: A4arch 28, 1968)