Ordinance No. 131 Consolidated Land Use Ordinance

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2. Replacement trees shall consist of "certified nursery stock" as defined by Minnesota Statues Section 18.46 or other trees ("wilding trees") so long as the wilding trees comply with the following standards. A wilding tree measured in diameter inches shall not exceed the maximum height as shown below: 3. Table 27.14.3 Diameter of Tree in Inches Maximum Height of Trees in Feet Two 2.0" Inches Eighteen 18' Feet Two and One -Half 2.5" Inches Eighteen 18' Feet Three 3.0" Inches Twenty 20' Feet Three and One -Half 3.5" Inches Twenty 20' Feet Four 4.0" Inches Twenty -Four 24' Feet Five 5.0" Inches Twenty -Eight 28' Feet 4. The lowest branch of a wilding tree shall be at a height above the surface of the ground not more than one-half of the total height of the tree. (Example, a 16 foot tree must have a branch within 8 feet of the surface of the surrounding ground.) 5. Trees planted in place of missing, dead or un-healthy replacement trees shall consist of only "certified nursery stock" as defined by Minnesota Statues, Section 18.46. 15. Release and Retention of Performance Security. 1. Release of Performance Security. 1. The performance security shall remain in effect for not less than one (1) year after the date that the last replacement tree has been planted. The City may release the performance security at that time unless the City Forester, upon inspection, finds that any of the replacement trees have died or are unhealthy, or if there was any encroachment upon the protective fencing surrounding any tree to be saved. 2. If the applicant supplies proof of a nursery guarantee which is approved by the City Forester, then the performance security posted by the applicant shall be released upon planting of the last guaranteed tree. The nursery guarantee shall remove liability from the applicant and responsibility will be placed upon the nursery or current land owner. 2. Retention of All or Portion of Performance Security. The City may retain the portion of the performance security equal to the cost of removing dead or unhealthy trees and replanting replacement trees. 16. Penalty. 1. Any person violating or refusing to comply with the provisions of this section shall be guilty of a misdemeanor, and prosecuted and upon conviction thereof, shall be punished by a fine established in the City of Gem Lake fee schedule, as amended, or by imprisonment not to exceed ninety (90) days, or both. The costs of prosecution may also be added. Updated January 2025 — Gem Lake Consolidated Land Use Ordinance No. 131 148