HomeMy WebLinkAbout2009-009
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
STATE OF MINNESOTA
ORDINANCE NO. 2009-009
AN ORDINANCE ADDING ASH TREES TO THE LIST OF TREES THAT ARE
INCLUDED IN THE CITY'S PROTECTION OF SHADE TREES ORDINANCE
THE CITY COUNCIL OF THE CITY OF ARDEN HILLS HEREBY ORDAINS THAT
SECTION 710 SHALL BE AMEDNED AS FOLLOWS:
Section 710 Trees and Vegetation
710.01 Purpose. The planting of trees in areas of the City dedicated for public streets, which
trees are sometimes referred to in this section as boulevard trees, is a matter of public interest and
it is the purpose of this section to provide a procedure for permitting the planting under certain
circumstances and subject to certain regulations as provided by this section.
710.02 Minimum Size. Only trees which are at least one and one-half inches in diameter,
measured one foot above the ground, shall be planted as boulevard trees within the City.
710.03 Permitted Varieties. Only the following types of trees shall be permitted under the
provisions of this section: Hackberry; Norway, Sugar or Red Maple; Linden; and other species
as approved by the City. Under no circumstances shall permits be granted for cottonwood trees,
non-disease resistant elm trees, or any species of ash tree.
710.04 Minimum Area. Permits shall not be granted under the provisions of this section unless
there is at least seven (7) feet between the curb line and sidewalk line at the pertinent location.
The curbline shall be determined by using the projected street width rather than the existing
pavement location, and the sidewalk should be assumed even if it is not present or anticipated.
In no event shall trees be permitted within three and one-half (32) feet of the projected curb.
710.05 Spacing. Trees shall not be planted closer than fifty (50) feet center-to-center, with
respect to trees which will not exceed forty (40) feet in height at maturity. With respect to trees
which will exceed forty (40) feet in height at maturity, the required spacing shall be at least
seventy-five (75) feet center-to-center.
710.06 Restoration Sod. The applicant for a permit required by the provisions of this section
shall be required to restore the sod to its original condition after planting.
710.07 Responsibility. The planter of boulevard trees shall assume responsibility for
maintenance and care of the trees, and shall undertake to water the trees well during the first
growing season and thereafter as needed. Trees which do not survive the second growing season
shall be removed by the planter at his or her expense.
710.08 Identifying Recommended Location. The tree inspector who inspects the site and
recommends the granting of the permit required by this section shall drive a stake marking the
spot for the planting.
710.09 Prohibited Locations. Trees shall not be planted within twelve (12) feet of any fire
hydrant, utility pole or other fixture; nor shall they be planted over any public utility, such as a
sewer or a waterline; nor shall they be planted within fifteen (15) feet of an intersection; nor in
such a manner that on maturity they will interfere with the visibility of traffic signs or signals.
710.10 Permits.
Subd. 1 Required. The planting of trees on property dedicated as a public street shall be
prohibited in the City unless permits therefor are first obtained from the city.
Subd. 2 Application. Applications for a permit required by the provisions of this section
shall be made by the owner of the property abutting the proposed location of the tree or
trees to be planted; and shall be on forms provided by the city. The applications shall
contain:
A. The name and address of the applicant;
B. A sketch or other adequate information to indicate the proposed location of
the tree or trees to be planted, which location shall be given with reference to the
existing edge of the pavement, and the property line of the abutting property;
C. The size and type of proposed tree; and
D. The exact location of the tree or trees from some fixed object or point.
Subd. 3 Fee. No charge or fee shall be imposed for a permit required by the provisions
of this section.
Subd. 4 Inspection of Proposed Location. Upon receipt of an application for a permit
required by this section, the city administrator shall first determine whether the necessary
information is given and shall then refer adequate applications to the city forester for
processing. The city forester shall determine by inspection of the proposed site and
application of the standards given in this section whether the permit should be granted
and shall return the application to the city administrator with recommendation for or
against granting the permit.
Subd. 5 Factors to Be Considered. In considering the applications for permits the city
forester, board of appeals and Council shall consider the size and type of the proposed
tree in relation to other boulevard trees in the City. In general one species of tree should
not constitute more than one-half of the boulevard trees in the City, and in anyone block,
including both sides of the street, there should be a minimum of two (2) species and a
maximum of three (3) species of boulevard trees. In permitting varieties of species to be
planted consideration should be given to the desirability that the species conform as to
size upon maturity. To the greatest extent possible, planting should be permitted in units
of one block at a time.
Subd. 6 Issuance; Denial. If an application for a permit required by this section and the
proposed location are approved by the city forester, the city administrator shall issue the
permit on forms provided for that purpose. If the application is disapproved, the city
administrator shall notify the applicant, in writing, of the denial and the reasons therefor.
Subd 7 Appeal from Denial. The applicant for a permit required by the provisions of this
section may appeal any denial thereof to the City Council by notifying the City
administrator, in writing, of his or her request within thirty (30) days after receipt of
notice of the denial.
Subd. 8 Liability for Maintenance. All permits granted under this section shall provide
that the granting of the permit places no obligation upon the City nor does it impose upon
the City any requirement for maintenance of the trees. Any trees planted on a public
street or other public property are placed thereon entirely at the risk of the planter and any
trees so planted may be removed, trimmed, maintained, moved or otherwise changed at
any time by order of the Council. In the event that removal of the trees or maintenance of
the trees is considered necessary by the Council and is done at City expense the cost
thereof may be assessed against the property owner or the abutting property owner. All
trees planted under the permits become public property when the planting is completed.
710.12 Protection of Shade Trees* (Adopted by the City Council on August 29, 2005)
Subd. 1 Declaration of Policy. The City Council has determined that the health of oak,
elm, and ash trees, hereinafter sometimes collectively referred to as "shade trees," within
the municipal limits are threatened by fatal tree diseases commonly known as "Oak Wilt
Disease", "Dutch Elm Disease", and "Emerald Ash Borer" respectively, hereinafter
sometimes collectively referred to as "shade tree diseases." It has further determined that
the loss of shade trees growing upon public and private property would substantially
depreciate the value of property within the City and impair the safety, good order, general
welfare and convenience of the public. Accordingly, it is hereby declared to be the
intention of the Council to control and prevent the spread of shade tree diseases and other
epidemic diseases, by enacting this subsection for that purpose.
Subd. 2 Penalties. Any person violating the provisions of this subsection shall be guilty
of a misdemeanor and, upon conviction thereof, shall be punished by a fine,
imprisonment or both, not to exceed the maximums provided by state law for a
misdemeanor. Each day following the date on which the person was to have removed
any diseased shade tree or wood as specified in written notice given pursuant to the
provisions of this subsection, the person has allowed the tree to remain on his or her
property, or has allowed the parts or brush there from to remain on his or her property,
shall constitute a separate violation.
Subd. 3 Forester. The position of city forester is hereby continued and the powers and
duties of the officer are hereby conferred upon the person as designated from time to time
by the Mayor with the concurrence of the Council. It shall be the duty of the forester to
coordinate, under the direction and control of the Council, all activities of the City
relating to the control and prevention of shade tree diseases. He or she shall recommend
to the Council the details of a program for the control and prevention of the diseases and
perform the duties incident to such a program as adopted by the Council. Inspections
may be performed by a designated tree inspector(s).
Subd. 4 Interference Prohibited. It shall be unlawful for any person to prevent, delay or
interfere with the forester or his or her tree inspector(s) or designee while they are
engaged in the performance of duties imposed by this subsection.
7-3
Adopted December 17, 2001
Subd. 5. Epidemic Disease Program. It is the intention of the City Council to conduct a
program of pest control pursuant to the authority granted by Minnesota statues section
18G.13, as amended, directed at the control and elimination of Dutch elm disease, oak
wilt disease, and elimination of other tree diseases and is undertaken at the
recommendation of the Minnesota Commissioner of Agriculture.
Subd. 6 Nuisances Declared.
A. The following are hereby declared to be public nuisances whenever and
wherever they may be found within the City:
1. Any elm tree or part thereof infected to any degree with the Dutch elm
disease fungus Ceratocystis Ulmi (Buisman) Moreau or which harbors any of
the elm bark beetles Scolytus Multistriatus (Marsham) or Hylurgopinus
Rufipes (Eichhoff);
2. Any dead elm tree or part thereof, including stems, branches, stumps,
firewood or other elm material from which the bark has not been removed and
burned or sprayed with an effective elm bark beetle insecticide; and
3. Any northern red oak (Quercus rubra, Quercus ellipsoidalis, and Q.
palustris), or part thereof, infected to any degree with the oakwilt disease,
Ceratocystis fagacearum.
4. Any living or standing white oak (Quercus alba), bur oak (Quercus
macrocarpa), and swamp white oak (Quercus bicolor), that poses a threat of
transmission of the oak wilt disease to other trees.
5. Red oak species deemed by the City forester or designated tree inspector to
be a potentially diseased spore producing tree (PSPT) must be removed before
March 15th of the year following complete tree wilt. Any removed red oak
tree should be disposed of at an approved wood utilization site or properly
treated, i.e. main stems cut into firewood length sections, split if appropriate,
stacked and covered in clear plastic with the edges sealed at the ground line to
prevent vector entry or escape.
6. Other shade trees with epidemic diseases or epidemic insect infestations.
7. Any tree considered in the opinion of the City Forester to pose eminent
danger to life or property or to adjoining properties. Trees of such condition
will be determined hazardous as defined in Chapter 600.03 Subd. 9 of the City
Code.
Subd. 7 Nuisances Prohibited. It is unlawful for any person to permit the spread of a
public nuisance as defined in this chapter across his or her property lines in any specified
control areas as established by the city. Such nuisances shall be abated in a manner
prescribed in this chapter.
7-4
Adopted December 17, 2001
Subd. 8 Inspection by Certified Tree Inspector.
A. The forester shall engage one or more persons, each of whom shall have been
. issued a certificate from the Minnesota Department of Agriculture pursuant to
M.S. ~ 89.63, as amended from time to time, certifying that he or she is a
qualified or certified tree inspector, for the purposes of inspecting any public or
private properties, upon prior notification, to detect shade trees harboring shade
tree diseases, which inspector(s) shall act as the duly authorized agent(s) of the
forester. Nothing herein shall preclude the forester from being certified by the
State Department of Agriculture as a qualified tree inspector and acting as such on
behalf of the City.
B. The tree inspector(s) shall inspect all premises and places, both public and
private, within the City as often as is practicable to detect and mark the location of
all shade trees infected with shade tree diseases and report the results of the
inspections to the forester immediately after each inspection has been conducted.
The forester, or the tree inspector(s), may send appropriate specimens or samples
to the State Department of Agriculture for analysis, or take such other steps for
diagnosis as may be recommended by the Department. In addition to the
foregoing inspections, it shall be the duty of the tree inspector(s) to investigate all
reported incidents of infestation by Dutch elm fungus, elm bark beetles, emerald
ash borer or any other manifestations of shade tree diseases.
C. A property owner or contractor who becomes aware of any tree infestation
within the City shall notify the City Forester within seven (7) days.
D. The City forester and tree inspector(s) shall have the right to enter upon all
private premises within the City at any reasonable time for the purpose of
carrying out the duties assigned to them under this subsection, including
inspection, treatment, cutting, burning or removing of diseased shade trees.
Subd. 9 Notices to Property Owners.
A. After each inspection and investigation, whenever the forester or the tree
inspector(s) has found with a reasonable certainty that a shade tree or any wood
that harbors shade tree disease to such an extent that the same constitutes a threat
of infestation of shade trees in proximity thereto, the tree inspector( s) shall mark
the diseased shade trees or wood or both as the case may be in a visible manner
and notify each owner of real estate within the City whereon the diseased shade
trees or wood, or both as the case may be, are located, which notice shall contain
the inspection information with respect to diseased shade trees upon the property
and shall further advise that, in accordance with the provisions of this subsection,
the owner is required to remove the trees or wood, or both as the case may be,
within (10) days for elm and ash trees and (30) days for oak trees and other trees
species from the date of the letter being sent to the property owner. The notices
shall be sent by certified mail with return receipt requested to the last known
address of the owner. In the event that the certified mail is not delivered, mailing
by ordinary mail to the address shall be deemed sufficient notice.
7-5
Adopted December 17, 2001
B. The notices to be sent under the provisions of this subdivision shall be sent to
the occupant of premises upon which the diseased shade trees or wood, or both as
the case may be, are located, if those premises are occupied, and also to the owner
of the premises, if the owner has an address different from the subject premises
and the address is disclosed by the records of the county department of property
taxation. Reasonable inquiry by the forester or the tree inspector(s) shall be
sufficient to meet this requirement, and telephone inquiry of the office of the
county department of property taxation shall be deemed reasonable inquiry for the
purpose of ascertaining the addresses. If the subj ect premises are unoccupied,
then mailing to the address of the owner as shown by the records of the county
department of property taxation shall be deemed sufficient.
C. The notice shall inform the property owner of his or her right to request the
City's tree removal contractor or to remove the tree(s) on his/her own accord.
The notice shall provide the estimated cost of this service, which shall be billed
back to the owner.
D. No person shall allow, permit the spread of, or fail to abate a public nuisance
as defined in this code. Such nuisances shall be abated in the manner prescribed
in this code.
Subd. 10 Removal of Diseased Shade Trees.
A. An owner of real estate in the City who is notified of the existence on his or
her property of shade trees or wood therefrom, or both as the case may be,
harboring shade tree disease shall within the time specified in the written notice
cut down or have cut down each of the diseased trees, remove or have removed all
parts, branches and brush there from, and transport or have transported all the
parts, branches and brush from the diseased trees and any diseased wood from the
premises to an authorized disposal or chipping site. With respect to the
transportation of wood from diseased elms or ash trees, it shall be unlawful for
any person to transport within the City any bark-bearing elm or ash wood.
B. The City Forester shall enforce the treatment of nuisance by requiring the
performance of one or more of the following disease control methods listed in
subsection C in order to destroy and prevent the spread of epidemic diseased of
shade trees, including, but not limited to, Dutch elm disease, emerald ash borer, or
oak wilt disease. Such abatement may be designated by the Minnesota
Commissioner of Agriculture or the University of Minnesota.
C. The following abatement procedures are recommended by the City of Arden
Hills:
1. Root graft barrier installation at least 60 inches in the soil to isolate the
diseased trees;
2. Removal of trees;
3. Stump grinding;
4. Burning, chipping, debarking or properly covering and sealing the
potentially hazardous wood and/or stumps.
7-6
Adopted December 17, 2001
D. To prevent root graft transmission of tree related diseases, a barrier must be
created between diseased and healthy trees, either by cutting the root system with
a 54-inch blade or longer by using a vibratory cable plow, or by digging a trench
to a minimum depth of 60 inches in the soil surrounding the diseased trees. Such
abatement procedures will be carried out in accordance with current technical and
expert opinions and plans as designated by the State Commissioner of
Agriculture.
E. In addition the owner may poison or have poisoned the stumps of trees
diseased with oak wilt and shall debark or have debarked to the ground line the
stumps of trees diseased with Dutch elm disease or emerald ash borer in such
manner as may be approved by the forester.
Subd. 11 Abatement by City. In the event the owner fails or refuses to abate the
nuisances as so required, then the forester shall upon orders from the Council, abate the
nuisance by cutting down diseased shade trees and removing all parts, branches and brush
thereof, together with any diseased wood of any diseased shade trees located on the
premises, from the premises to an authorized disposal or chipping site. The cost of the
City's abating the nuisance shall be billed to the owner or occupant of the premises upon
which the nuisances existed.
Subd. 12 Assessment for Nuisance Abatement. If the owner or occupant fails to pay the
bill, as provided for in Subd. 9, within thirty (30) days of the date thereof, the Council
may then assess the amount due, plus interest, against the property as a special
assessment under M.S. Ch. 429.10, as amended from time to time, installments of which
assessment shall in no event be payable over a period exceeding five (5) years from the
date the same have been levied. On or before October 1 of each year, the city
administrator shall list the total unpaid charges for each such abatement against each
separate lot or parcel to which the same is attributable. Thereafter, the charges may then
be spread by the Council as a special assessment against the property benefited by the
abatement, and the assessment certified to the county as provided by law.
Subd. 13 Request for Laboratory Testing. Any owner of real estate in the City who
receives a notice as provided in Subd. 7 to the effect that shade trees or wood, or both as
the case may be, on his or her property harbor shade tree disease and must be removed
within the time specified in the notice, may request the fores~er to obtain a laboratory test
of one or more of the trees. The request must be made no later than the date on which the
trees or diseased wood are to be removed from the premises, as specified in the written
notice from the City to the owner as provided herein, by written notice from the owner to
the forester sent by certified mail with return receipt requested. Upon receipt of the
request, the forester shall promptly engage the services of the State Department of
Agriculture or a qualified laboratory to make analyses of appropriate specimens or
samples of the allegedly diseased shade trees. If the analyses confirm the original
diagnosis that the shade trees are infected or the wood thereof diseased, or both
whichever the case may be, the requesting owner shall pay all expenses and charges
incurred for the analyses by the City. If the test discloses that the trees or wood are not so
diseased, the City shall bear all the costs and the forester shall remove the trees or wood
from the list of diseased trees. If the test confirms the original diagnosis that the trees or
7-7
Adopted December 17, 2001
wood or both as the case may be, are diseased, notice thereof shall be sent the owner by
the forester, and the owner shall remove the diseased trees or wood or both as the case
may be, within one week after receipt of the notice.
Subd. 14 Spraying or Treatment of Shade Trees.
A. Whenever the forester determines that any shade tree or shade tree wood
within the City is infected with shade tree disease, he or she may spray or treat
all nearby high value shade trees by such chemical or mechanical means as will
be effective to prevent as fully as possible the spread of shade tree disease
thereto. The forester may also cause the diseased shade trees or wood to be
sprayed or treated by chemical or mechanical means so as likewise to control the
possible spread of shade tree disease to neighboring, high value shade trees.
Such procedure shall be carried out in accordance with current technical and
expert opinions and plans of the State Department of Agriculture and under the
supervision of the Department whenever possible.
B. As determined necessary by the City Forester, the City may utilize chemical
means of treatment. If chemical treatments are deemed necessary, the cost for
this service shall be borne by the City. The costs of the mechanical means of
treatment shall be borne by the owner or occupant of the premises, the shade
trees upon which have been mechanically treated by the City. The owner or
occupant of the premises shall be billed the costs of the mechanical treatment,
and in the event of nonpayment of the bill within thirty (30) days of the date
thereof, the Council may then assess the amount due, plus interest, in the manner
provided in Subd. 10.
C. The forester shall notify, in the manner provided in Subd. 9, each owner or
occupant of real estate within the City of the date after which shade trees on his
or her property shall be mechanically treated, which date shall not be less than
five (5) days from the date of mailing the notice.
Subd 15. Transportation of Epidemic Diseased Wood. It is unlawful for any person to
transport within the City any diseased wood that is determined to be hazardous, as
described in Subd. 6.
Subd 16. Public Tree Care. The City has the right to plant, prune, maintain, remove or
perform any other arboricultural practices as necessary on all public property including
the street right-of-way to ensure public safety and to preserve or enhance the symmetry
and beauty of such public grounds.
Subd 17. Abuse or Mutilation of Public Trees. Unless specifically authorized by the
City Forester, no person shall intentionally damage, cut, carve, transplant, remove any
tree, attach any rope, wire, nails, advertising poster, or other contrivance to any tree,
allow any gaseous liquid or solid substance which is harmful to come in contact with
any tree, or set fire or permit any fire to burn when the heat could injure any portion of
any tree, or top a tree by severely cutting back the tree canopy to a stub.
7-8
Adopted December 17, 2001
Subd 18. Violation of Penalty. Any person, firm or cooperation who violates any
section of this chapter shall be guilty of a misdemeanor and, upon conviction, thereof,
shall be subject to a misdemeanor penalty as then by defined by Minnesota law.
Additionally, the City may exercise any civil remedy available under Minnesota law for
the enforcement of this code including civil action, mandamus, injunctive relief,
declaratory action, or the levying of assessments.
Effective Date. Ordinance No. 2009-009 shall become effective the day following its
publication, or the publication of the Ordinance Summary in the City's official newspaper.
Adoption Date. Passed by the City Council of the City of Arden Hills the 29th day of June,
2009
Publication Date. Published on the 8th of July, 2009.
\ \Metro-inet. us\ardenhills\Admin \Council\Ordinances\2009\Ordinance 2009-009 - Ash Trees .doc
9