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2011_0613_packet
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174 d. Bond Requirements.- A posted bond or cash escrow may be required in an amount to be <br />175 determined by the City Forester conditioned upon satisfactory compliance with the terms <br />176 of the permit. <br />177 e. Permit Denial.- If a planting or removal permit is denied, the reason(s) for denial shall <br />178 be set forth in writing and given to the applicant, within 20 days of receipt of application. <br />179 f. Denial Appeal.- Any applicant adversely affected by the decision may appeal to the City <br />180 Tree Board and,, finally, to the City Council. <br />181 F. Areas Not Applicable.- The provisions of subsection D above shall not apply to.* <br />182 1. The removal of trees on public easements/rights of way, conducted by, or on behalf of, a <br />183 Federal,, State,, County, Municipal or other governmental agency in pursuance of its lawful <br />184 activities or functions in construction or improvements. <br />185 2. The removal of any tree by a public utility when such tree has the reasonable potential of <br />186 endangering the facility's operation by the utility. (Ord. 1107, 12-9-9 1)1 <br />187 706,09: DUTIES OF PRIVATE LANDOWNERS: <br />188 It shall be the duty of any person owning private property to comply with the following.- <br />189 A. Planting on Private Property.- No person shall plant or allow to be planted on any privately <br />190 <br />owned property any tree, shrub or herbaceous plant listed in the Public Tree Master Plan as <br />191 <br />prohibited. <br />192 <br />B. <br />Acceptable Plant Materials.- Acceptable plant materials shall not have characteristics <br />193 <br />detrimental to the public welfare such as.- <br />194 <br />1. susceptibility to pests,, as determined by the MNDNR, Minnesota Department of <br />195 <br />Agriculture (MD A), and the City Forester <br />196 <br />2. susceptibility to wind damage <br />197 <br />3. a tendency to interfere with utilities <br />198 <br />4. or a tendency to interfere with public easements or rights of way. <br />199 <br />C. <br />Prohibited Obstructions.- <br />200 <br />1. Obstructing View.- No trees, shrubs or herbaceous plants shall be planted or allowed to <br />201 <br />grow so as to obstruct the view of any vehicular traffic on public streets or pathways,, or <br />202 <br />pedestrians on public pathways. <br />203 <br />2. Utilities.- No trees may be planted under or within ten (10), level feet of any overhead <br />204 <br />utility wire, or over or within ten (10), lateral feet of any underground public utilities. <br />205 <br />D. <br />Trimming of Trees.- <br />206 <br />1. Private property trees and shrubs must be trimmed so as not to cause a hazard to persons <br />207 <br />or property on abutting property. <br />208 <br />2. All trees and shrubs shall be pruned to sufficient height to allow free passage of <br />209 <br />pedestrians and vehicular traffic.- nine (9), feet over sidewalks and 16 feet over streets and <br />210 <br />two (2), feet horizontal distance. <br />211 <br />E. <br />Removal of Pest-Infested or Hazardous Trees.- Pest-infested or hazardous trees,, and plants <br />212 <br />deemed to be a health or safety hazard by the City Forester, must be treated or removed so <br />213 <br />as not to constitute a health or safety hazard to the public or to other trees or plants in the <br />214 <br />city. <br />215 <br />F. <br />Stockpiling and Storage of Firewood Logs.- No person shall stockpile or store wood from a <br />216 <br />pest-infested tree with the bark intact without first having obtained a permit to do so. The <br />217 <br />City Forester may issue permits, upon proper application, for the stockpiling or storage of <br />218 <br />such wood only between September 15 and April I of the following year and only at <br />219 <br />locations which are specified in the permit. <br />220 <br />5 <br />
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