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d. Bond Requirements: A posted bond or cash escrow may be required in an amount to be determined by the City Forester conditioned upon satisfactory compliance with the terms of the permit. e. Permit Denial: If a planting or removal permit is denied,the reason(s) for denial shall be set forth in writing and given to the applicant, within 20 days of receipt of application. f. Denial Appeal: Any applicant adversely affected by the decision may appeal to the City Tree Board and, finally, to the City Council. F. Areas Not Applicable: The provisions of subsection D above shall not apply to: 1. The removal of trees on public easements/rights of way, conducted by, or on behalf of, a Federal, State, County, 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 facility's operation by the utility. (Ord. 1107, 12-9-91) 706.09: DUTIES OF PRIVATE LANDOWNERS: It shall be the duty of any person owning private property to comply with the following: A. Planting on Private Property: No person shall plant or allow to be planted on any privately owned property any tree, shrub or herbaceous plant listed in the Public Tree Master Plan as prohibited. B. Acceptable Plant Materials: Acceptable plant materials shall not have characteristics detrimental to the public welfare such as: 1. susceptibility to pests, as determined by the MNDNR, Minnesota Department of Agriculture (MDA) and the City Forester 2. susceptibility to wind damage 3. a tendency to interfere with utilities 4. or a tendency to interfere with public easements or rights of way. C. Prohibited Obstructions: 1. Obstructing View: No trees, shrubs or herbaceous plants shall be planted or allowed to grow so as to obstruct the view of any vehicular traffic on public streets or pathways, or pedestrians on public pathways. 2. Utilities: No trees may be planted under or within ten(10) level feet of any overhead utility wire, or over or within ten(10) lateral feet of any underground public utilities. D. Trimming of Trees: 1. Private property trees and shrubs must be trimmed so as not to cause a hazard to persons or property on abutting property. 2. All trees and shrubs shall be pruned to sufficient height to allow free passage of pedestrians and vehicular traffic: nine (9) feet over sidewalks and 16 feet over streets and two (2) feet horizontal distance. E. Removal of Pest-Infested or Hazardous Trees: Pest-infested or hazardous trees, and plants deemed to be a health or safety hazard by the City Forester, must be treated or removed so as not to constitute a health or safety hazard to the public or to other trees or plants in the City. F. Stockpiling and Storage of Firewood Logs: No person shall stockpile or store wood from a pest-infested tree with the bark intact without first having obtained a permit to do so. The City Forester may issue permits, upon proper application, for the stockpiling or storage of such wood only between September 15 and April 1 of the following year and only at locations which are specified in the permit. 5