HomeMy WebLinkAbout1990-015 Council OrdinancesCITY OF LINO LAKES
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 15 - 90
I.
1007.01 PURPOSE
AN ORDINANCE REGULATING THE PLANTING, MAINTENANCE, AND REMOVAL OF
TREES AND SHRUBS IN THE PUBLIC STREETS, AND OTHER MUNICIPAL OWNED
PROPERTY: 1.) ESTABLISHING A SHADE TREE BOARD AND ESTABLISHING THE
OFFICE OF FORESTRY AS THE AGENCIES PRESCRIBING REGULATIONS RELATING
TO THE PLANTING, MAINTENANCE, AND REMOVAL OF TREES AND SHRUBS IN
PUBLIC PLACES: 2.) PROVIDING FOR THE ISSUING OF PERMITS FOR THE
PLANTING, MAINTENANCE AND REMOVAL OF TREES AND SHRUBS IN PUBLIC
PLACES: 3.) PROVIDING FOR THE PRUNING AND REMOVAL OF TREES ON
PRIVATE PROPERTY WHICH ENDANGER PUBLIC SAFETY: PROVIDING FOR
STANDARDS AND SPECIFICATIONS OF ALL POLICY CONCERNING SHADE TREES
ON PUBLIC PROPERTY, PROVIDING FOR STANDARDS AND SPECIFICATIONS OF
CARE PROTECTION POLICY CONCERNING SHADE TREES IN SUBDIVISION
PROPERTIES PROVIDING FOR STANDARDS AND SPECIFICATIONS FOR CARE
PROTECTION POLICY CONCERNING SHADE TREES IN LAND DISTURBANCE AREAS.
1007.02 SHORT TITLE
This ordinance shall be known and may be cited as the Shade Tree
Ordinance of the City of Lino Lakes, County of Anoka, State of
Minnesota.
1007.03 DEFINITIONS
1007.04 CREATION AND ESTABLISHMENT OF A CITY TREE BOARD
1007.05 DUTIES AND RESPONSIBILITIES
1007.06 OPERATION
1007.07 APPOINTMENT AND QUALIFICATIONS OF THE CITY FORESTER
1007.08 AUTHORITY OF THE CITY FORESTER
1007.09 PERMITS REQUIRED
I. PLANTING MAINTENANCE OR REMOVAL
II. PLANTING
III. MAINTENANCE
IV. REMOVAL
1007.10 PUBLIC TREE CARE
41 1007.11 ABUSE OR MUTILATION OF PUBLIC TREES
CITY OF LINO LAKES
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 15 - 90
I
1007.01 PURPOSE
AN ORDINANCE REGULATING THE PLANTING, MAINTENANCE, AND REMOVAL OF
TREES AND SHRUBS IN THE PUBLIC STREETS, AND OTHER MUNICIPAL OWNED
PROPERTY: 1.) ESTABLISHING A SHADE TREE BOARD AND ESTABLISHING THE
OFFICE OF FORESTRY AS THE AGENCIES PRESCRIBING REGULATIONS RELATING
TO THE PLANTING, MAINTENANCE, AND REMOVAL OF TREES AND SHRUBS IN
PUBLIC PLACES: 2.) PROVIDING FOR THE ISSUING OF PERMITS FOR THE
PLANTING, MAINTENANCE AND REMOVAL OF TREES AND SHRUBS IN PUBLIC
PLACES: 3.) PROVIDING FOR THE PRUNING AND REMOVAL OF TREES ON
PRIVATE PROPERTY WHICH ENDANGER PUBLIC SAFETY: PROVIDING FOR
STANDARDS AND SPECIFICATIONS OF ALL POLICY CONCERNING SHADE TREES
ON PUBLIC PROPERTY, PROVIDING FOR STANDARDS AND SPECIFICATIONS OF
CARE PROTECTION POLICY CONCERNING SHADE TREES IN SUBDIVISION
PROPERTIES PROVIDING FOR STANDARDS AND SPECIFICATIONS FOR CARE
PROTECTION POLICY CONCERNING SHADE TREES IN LAND DISTURBANCE AREAS.
1007.02 SHORT TITLE
This ordinance shall be known and may be cited as the Shade Tree
Ordinance of the City of Lino Lakes, County of Anoka, State of
Minnesota.
1007.03 DEFINITIONS
1007.04 CREATION AND ESTABLISHMENT OF A CITY TREE BOARD
1007.05 DUTIES AND RESPONSIBILITIES
1007.06 OPERATION
1007.07 APPOINTMENT AND QUALIFICATIONS OF THE CITY FORESTER
1007.08 AUTHORITY OF THE CITY FORESTER
1007.09 PERMITS REQUIRED
I. PLANTING MAINTENANCE OR REMOVAL
II. PLANTING
III. MAINTENANCE
IV. REMOVAL
1007.10 PUBLIC TREE CARE
1007.11 ABUSE OR MUTILATION OF PUBLIC TREES
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1007.12 PROTECTION OF TREES
1007.13 VIOLATION AND PENALTY
1007.14 LEGALITY OF ORDINANCE AND PARTS THEREOF
II.
This ordinance shall be in full force and effect from and after its
passage and publication according to City Charter.
Passed this
Signed this
25th
29th
f
day of March IIi 19 91
.W
day of March 19 91
Harold L.
• Attest:
•
Bisel,
ayor
ri yn Ander on, Clerk -Treasurer
ORDINANCE NO. 15-90
1007.1 PURPOSE
CITY OF LINO LAKES
1007. SHADE TREE ORDINANCE
AN ORDINANCE REGULATING THE PLANTING, MAINTENANCE, AND
REMOVAL OF TREES AND SHRUBS IN THE PUBLIC STREETS, AND OTHER
MUNICIPAL OWNED PROPERTY: 1.) ESTABLISHING A SHADE TREE BOARD
AND ESTABLISHING THE OFFICE OF FORESTRY AS THE AGENCIES
PRESCRIBING REGULATIONS RELATING TO THE PLANTING,
MAINTENANCE, AND REMOVAL OF TREES AND SHRUBS IN PUBLIC
PLACES: 2.) PROVIDING FOR THE ISSUING OF PERMITS FOR THE
PLANTING, MAINTENANCE AND REMOVAL OF TREES AND SHRUBS IN
PUBLIC PLACES: 3.) PROVIDING FOR THE PRUNING AND REMOVAL OF
TREES ON PRIVATE PROPERTY WHICH ENDANGER PUBLIC SAFETY:
PROVIDING FOR STANDARDS AND SPECIFICATIONS OF ALL POLICY
CONCERNING SHADE TREES ON PUBLIC PROPERTY, PROVIDING FOR
STANDARDS AND SPECIFICATIONS OF CARE PROTECTION POLICY
CONCERNING SHADE TREES IN SUBDIVISION PROPERTIES PROVIDING
FOR STANDARDS AND SPECIFICATIONS FOR CARE PROTECTION POLICY
CONCERNING SHADE TREES IN LAND DISTURBANCE AREAS.
1007.2 SHORT TITLE
This ordinance shall be known and may be cited as the Shade
Tree Ordinance of the City of Lino Lakes, County of Anoka,
State of Minnesota.
1007.3 DEFINITIONS
For the purpose of the Ordinance the following terms,
phrases, words, and their derivations shall have the meaning
given herein. When not inconsistent with the context, words
used in the present tense include the future, words in the
plural include singular, and words in the singular include
the plural.
I. City is the City of Lino Lakes, County of Anoka,
State of Minnesota
II. Forestry Department is the Department of
Parks, Recreation and Forestry.
III. City Forester is the Municipal Arborist,
Forester, Tree Warden, or other qualified
designated official of the City of Lino Lakes,
County of Anoka, State of Minnesota, The City
Forester will be assigned toi carry out the
enforcement of this Ordinance.
IV. Person is any person, firm, partnership,
association, corporation, company, or organization
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of any kind.
V Street or Highway means the entire width of
every public way or right-of-way when any part
thereof is open to the use of public, as a matter of
right, for purposes of vehicular and pedestrian
traffic.
Principal Thoroughfare shall mean any street
upon which trucks are not prohibited.
VII. Park shall include all City parks having
individual names.
VIII. Public Place shall include all other grounds
owned by the Municipality of Lino Lakes.
Property line shall mean the outer edge of a
street or highway right-of-way.This area includes
the area between the curb and the platted lot line.
X. Treelawn is that part of a street or highway,
not covered by a sidewalk or other paving, lying
between the property line right-of-way, and that
portion of the street or highway usually used for
vehicular traffic.
Public trees shall include all shade and
ornamental trees now or hereafter growing on any
street or any public areas where otherwise
indicated.
Large trees are designated as those attaining
a height of forty-five (45) feet or more.
XIII. Medium trees are designated as those
attaining a height of thirty (30) to forty-five (45)
feet.
XIV. Small trees are designated as those attaining
a height of twenty (20) to thirty (30) feet.
XV. Property owner shall mean the person owning
such property as shown by the County Auditor's Plat
of Anoka County, State of Minnesota.
1007.4 CREATION AND ESTABLISHMENT gE 4 CITY TREE BOARD
There is hereby created and established a City Tree Board for
the City of Lino Lakes, State of Minnesota, which shall
consist of the Park Board.
1007.5 DUTIES AND RESPONSIBILITIES
The duties of said "City Tree Board" shall be as follows: To
Study the problems and determine the needs of the
Municipality of Lino Lakes, County of Anoka, State of
Minnesota, in connection with it's tree planting program. To
recommend to the City Council, the type and kind of trees to
be planted upon such municipal streets or parts of municipal
streets or in parks as is designated.
To assist the City Council of the City and the citizens of
the City in the dissemination of news and information
regarding the selection, planting, preservation and
maintenance of trees, whether the same be on private or
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public property, and to make such recommendations from time
to time to the City Council as to desirable legislation
concerning the tree program and activities for the
municipality.
To provide regular and special meetings at which the subject
of trees insofar as it relates to the municipality may be
discussed by the members of the City Tree Board officers and
personnel of the municipality and its several divisions, and
all others interested in the City Tree Program.
1007.6 OPERATION
The Board shall operate within the rules set forth by the
Park Board Ordinance.
1007.7 APPOINTMENT AND QUALIFICATIONS OF THE CITY FORESTER
The City Forester shall be appointed by the City Council.
This person shall be skilled and trained in the arts and
sciences of municipal arboriculture, and shall hold a college
degree or its equivalent in arboriculture, ornamental or
landscape horticulture, urban forestry, or other closely
related field as described in the job description in the city
personnel files.
1007.8 AUTHORITY OF THE CITY FORESTER
The authority of the City Forester shall be in accordance
with the City Forester job description.
1007.9 PERMITS REQUIRED
I. PLANTING MAINTENANCE OR REMOVAL
A. No person shall plant, spray, fertilize, preserve,
prune, remove, cut above ground, or otherwise disturb
any tree on any street or municipal -owned property
without first obtaining a permit from the City
Forester or otherwise specified municipal authority.
The person receiving the permit shall abide by the
Arboricultural Specifications and Standards of
Practice adopted by the City Forester.
II. PLANTING
A. Application Data. The application required herein
shall state the number of trees to be set out; the
location, grade, species, cultivar or variety of each
tree; the method of planting; And such other
information as the City Forester shall find
reasonably necessary to a fair determination of
whether a permit should be isued.
B. Improper Planting. Whenever a y tree shall be
planted or set out in conflic with the provisions of
this section, it shall be law ul for the City
Forester to remove or cause r oval of the same, and
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the exact cost thereof shall be assessed to the owner
as provided by law in the case of assessments.
III. MAINTENANCE
A. Application Data. The application required herein
shall state the number and kinds of trees to be
sprayed, fertilized, pruned, protected, or otherwise
preserved; the kind of treatment to be administered;
the composition of the material to be applied; and
such other information as the City Forester shall
find reasonably necessary to a fair determination of
whether a permit should be issued.
IV. REMOVAL, REPLANTING AND REPLACEMENT
A. No person or property owner shall remove a tree
from the treelawn for the purpose of construction, or
for any other reason without first filing an
application
and obtaining a permit from the City Forester, and
without replacing the removed tree or trees in
accordance with the adopted Aboricultural
Specifications. Such replacement as provided for in
a permit issued by the City Forester. The person or
property owner shall bear the cost of removal and
replacement of all trees removed.
1007.10 PUBLIC TREE CARE
The City shall have the right to plant, prune, maintain,
remove, or perform any other Arboricultural practices as
decided necessary within the lines of all streets, alleys,
avenues, lanes, squares and public grounds, as may be
necessary to insure public safety or to preserve or enhance
the symmetry and beauty of such public grounds. No other
planting may be done without consent of the City Forester.
The City Tree Board may remove or cause or order to be
removed, any tree or part thereof which is in an unsafe
condition or which by reason of its nature is injurious to
sewers, electric power lines, gas lines, water lines, or
other public improvements, or is affected with any injurious
fungus, insect or other pest. The Tree Board shall notify
affected property owners of removal or trimming to be done
and give the property owner the option to complete the work
by contract with a City approved tree contractor. Under
certain conditions, e.g.; emergency situations. The City may
complete the work without prior notification to the property
owner.
Every tree overhanging any street or right-of-way within the
City shall be pruned so that the branc4es shall not obstruct
the light from any street lamp or obst ct the view of any
street intersection and so that there Shall be a clear space
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of eight feet (8') above the surface of the street or
sidewalk. Dead, diseased or dangerous trees, broken or
decayed limbs which constitute a menace to the safety of the
public shall be removed. The City shall have the right to
prune any tree or shrub on private property when it
interferes with the proper,spread of light along the street
from a street light or interferes with visibility of any
traffic control device or sign.
The minimum clearance of any overhanging portion and twelve
(12) feet over all streets except truck thoroughfares which
shall have a clearance of sixteen (16) feet.
1007.11 ABUSE OR MUTILIZATION OF PUBLIC TREES
Unless specifically authorized by the City Forester, no
person shall intentionally damage, cut, carve, transplant, or
remove any tree; attach any rope, wire nails, advertising
posters, or other contrivance to any tree, allow any gaseous
liquid, or solid substance which is harmful to such trees to
come in contact with them; or set fire or permit any fire to
burn when such fire or the heat thereof will injure any
portion of any tree.
It shall be an unlawful practice for any person, firm, or
City department to top any street tree, park tree, or other
tree on public property without authorization from the City
Forester.
Topping can be defined as severe cutting back of a branch to
a stub.
1007.12 PROTECTION OF TREES
A tree preservation plan is to be submitted by all
developers, builders and soil disturbance project area
facilitaters in accordance with the City of Lino Lakes Tree
Preservation Administrative Guidelines Policy.
1007.13 VIOLATION AND PENAL`..
Any person violating any provisions of this ordinance shall
be guilty of a misdemeanor.
1007.14 LEGALITY OF ORDINANCE AND PARTS THEREOF
Should any section, clause, or provisions of this Ordinance
be declared by the courts to be invalid, the same shall not
affect the validity of the Ordinance as a whole, or parts
thereof, other than the part to be decllared to be valid.
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Passed this 25th
Signed this
29th
day of March
day of March
Harold L. Bisel, Mayor
Attest:
M i yn^
. An
19 91
, 19 91
ron, Clerk -Treasurer
AGENDA ITEM
STAFF ORIGINATOR Don Volk, Director df Public Works
DATE 3-6-91
Consideration of approval of Shade Yee Ordinance 15-90
TOPIC 1st reading
BACKGROUND
Shade Tree Ordinance int duced on October 8th, 1990
regulating the planting, maintenance and removal of trees
and shrubs on public streets and other munici al owned property. It was revised
after a committee workshop, and presented to he Shade Tree Board. Shade Tree
Board recommended that the ordinance be consi red by the City Council for
approval.
OPTIONS
1.) Accept revised ordinance
2.) Reject the revised ordinance
RECOMMENDATION
#1 - Accept the revised ordinance
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COUNCIL MEETING OCTOBER 8, 1990
was noted that the new policy would not affect developments
already in progress and which have already received plat
approval.
Council Member Kuether asked if it would be cheaper for the
developer to install his own improvements. Mr. Schneider
said the costs would be close if the developer's engineers
are required to do what the City Engineer's are required to
do. Council Member Reinert said that at the very least the
standards would be higher and there would be better controls.
On a roll call vote, motion carried unanimously.
RECOGNITION OF CUB SCOUT PACK #136
Mayor Bisel asked the Cub Scouts to come to the podium.
Scout Leader, Neal Tonges introduced the Scouts and explained
that they are attending a Council meeting because the Scouts
are in the process of earning their citizenship badges.
Mayor Bisel gave each Scout and Mr. Tonges a map of the City
and thanked them for coming.
110 Mr. Volk explained that the Council first reviewed the
proposed Tree Ordinance at the September 10, 1990 Council
meeting. The Council asked that the Ordinance be summarized
The summary was included on the "Green Sheet" sent to the
Council last Wednesday evening.
Mayor Bisel noted that a lot of time has been spent preparing
this ordinance and it is needed. He questioned the need for
establishing another Board and asked how much staff time
would be involved administering this ordinance. Mr. Volk
explained that the Forester is already involved.
Mayor Bisel asked that a sub -committee be established to
review this proposed ordinance with Mr. Volk and the Forester
to get a better picture of the ordinance. He explained that
he wanted this ordinance to be of value to the community
because every time an ordinance is adopted, some of the
individual rights are taken away.
After further discussion, a committee consisting of Council
Member Neal, possibly Council Member Reinert, Marty Asleson,
a member of the Design Review Board, Economic Development
Committee and Park Board be established and Mr. Volk is to
contact these members and set a meeting date.
PARK BOARD REPORT - DON VOLK
Focus Meeting, Master Plan Process, November 20, 1990
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AGENDA # 9
STAFF ORIGINATOR: DON VOLK
DATE: OCTOBER 3, 1990
TOPIC: SHADE TREE ORDINANCE
10, 1990
synapsis
BACKGROUND:
The council first reviewed the proposed ordinance at the September
council meeting. At which time the council asked that a short
of the proposed ordinance be presented.
The synapsis is as follows:
1. 1007.1 -
2. 1007.4,
3.
4.
1007.5,
1007.6,
5. 1007.7,
6. 1007.8 -
7. 1007.12,
8. 1007.13,
9. 1007.14,
10. 1007.15,
11. 1007.16
OPTIONS:
1007.3, addresses the purpose of the ordinance,
the ordinance title, and definitions of
terms contained in the ordinance.
establishes a city tree board, which will address
specific tree concerns.
terms of office for tree board members.
duties of the tree board, and that they are advisory
to the city council.
operations of the tree board, re. rules and quorom
for transaction of business.
1007.11, addresses the appointment, qualifications,
salary, duties, and authority of the city
forester.
addresses the permits required for planting,
maintenance, removal, and replacement of trees on
city owned property.
addresses the tree care issues the city has the
authority to perform on trees in city owned property.
makes it unlawful to abuse or mutilate trees on
city owned property, without authorization.
discusses tree protection issues as they relate to
city owned property, new construction sites and
new subdivisions within the city.
- 1007.17, addresses the violation of this ordinance,
penalties of violation, and the legality
of the ordinance.
1. Approve first reading.
2. Recommend changes and approve first reading.
3. Do not approve ordinance.
RECOMMENDATIONS:
Option #1, Approve first reading.
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Council Member introduced the following
ordinance and moved its adoption:
CITY OF LINO LAKES
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 15 - 90
AN ORDINANCE REGULATING THE PLANTING, MAINTENANCE AND REMOVAL
OF TREES AND SHRUBS IN PUBLIC STREETS AND OTHER MUNICIPAL
OWNED PROPERTY
I.
The City Council of the City of Lino Lakes, Anoka County,
State of Minnesota ordains as follows:
CITY OF LINO LAKES
1007. SHADE TREE ORDINANCE
1007.1 PURPOSE
AN ORDINANCE REGULATING THE PLANTING, MAINTENANCE, AND
REMOVAL OF TREES AND SHRUBS IN THE PUBLIC STREETS, AND OTHER
MUNICIPAL OWNED PROPERTY: ESTABLISHING A SHADE TREE BOARD
AND ESTABLISHING THE OFFICE OF FORESTRY AS THE AGENCIES
PRESCRIBING REGULATIONS RELATING TO THE PLANTING,
MAINTENANCE, AND REMOVAL OF TREES AND SHRUBS IN PUBLIC
PLACES: PROVIDING FOR THE ISSUING OF PERMITS FOR THE
PLANTING, MAINTENANCE AND REMOVAL OF TREES AND SHRUBS IN
PUBLIC PLACES: PROVIDING FOR THE PRUNING AND REMOVAL OF
TREES ON PRIVATE PROPERTY WHICH ENDANGER PUBLIC SAFETY:
PROVIDING FOR STANDARDS AND SPECIFICATIONS OF ALL POLICY
CONCERNING SHADE TREES ON PUBLIC PROPERTY, PROVIDING FOR
STANDARDS AND SPECIFICATIONS OF CARE PROTECTION POLICY
CONCERNING SHADE TREES IN SUBDIVISION PROPERTIES PROVIDING
FOR STANDARDS AND SPECIFICATIONS FOR CARE PROTECTION POLICY
CONCERNING SHADE TREES IN LAND DISTURBANCE AREAS.
1007.2 SHORT TITLE
This ordinance shall be known and may be cited as the Shade
Tree Ordinance of the Municipality of Lino Lakes, County of
Anoka, State of Minnesota.
1007.3 DEFINITIONS
For the purpose of the Ordinance the following terms, phrases
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words, and their derivations shall have the meaning given
herein. When not inconsistent with the context, words used
in the present tense include the future, words in the plural
include singular, and words in the singular include the
plural.
I. Municipality is the City, of Lino Lakes, County of
Anoka, State of Minnesota.
II. Forestry Department is the department of parks,
recreation and forestry.
III. Municipal Arborist is the Municipal Arborist,
Forester, Tree Warden, or other qualified designated official
of the Municipality of Lino Lakes, County of Anoka, State of
Minnesota, assigned to carry out the enforcement of this
Ordinance.
IV. Person is any person, firm, partnership,
association, corporation, company, or organization of any
kind.
V. Street or Highway means the entire width of every
public way or right-of-way when any part thereof is open to
the use of the public, as a matter of right, for purposes of
vehicular and pedestrian traffic.
VI. Park shall include all public parks having
individual names.
VII. Public Places shall include all other grounds owned
by the Municipality of Lino Lakes, County of Anoka, State of
Minnesota.
VIII.Property Line shall mean the outer edge of a street
or highway.
IX. Treelawn is that part of a street or highway, not
covered by sidewalk or other paving, lying between the
property line and that portion of the street or highway
usually used for vehicular traffic.
X. Public Trees shall include all shade and
ornamental trees now or hereafter growing on any street or
any public areas where otherwise indicated.
XI. Large Trees are designated as those attaining a
height of forty-five (45) feet or more.
XII. Medium Trees are designated as those attaining
a height of thirty (30) to forty-five (45) feet.
XIII.Small Trees are designated as those attaining
a height of twenty (20) to thirty (30) feet.
XIV. Principal Thoroughfare shall mean any street upon
which trucks are not prohibited.
XV. Property Owner shall mean the person owning such
property as shown by the County Auditor's Plat of Anoka
County, State of Minnesota.
1007.4 CREATION AND ESTABLISHMENT OF A CITY TREE BOARD
There is hereby created and established a City Tree Board for
the City of Lino Lakes, State of Minnesota, which shall
consist of the seven (7) members - the Park Board.
1007.5 TERMS Qf OFFICE
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The persons to serve as Shade Tree Board Members shall serve
concurrently with their appointed Park Board Membership term.
1007.6 DUTIES AND RESPONSIBILITIES
The duties of said "City Tree Board" shall be as follows:
To study the problems and determine the needs of the
Municipality of Lino Lakes, County of Anoka, State of
Minnesota, in connection with its tree planting program.
To recommend to the proper authority, the type and kind of
trees to be planted upon such municipal streets or parts of
municipal streets or in parks as is designated.
To assist the proper officials of the Municipality of Lino
Lakes, County of Anoka, State of Minnesota, as well as the
Council and citizens of the municipality, in the
dissemination of news and information regarding the
selection, planting, preservation and maintenance of trees
within the corporate limits, whether the same be on private
or public property, and to make such recommendations from
time to time to the Municipal Council as to desirable
legislation concerning the tree program and activities for
the municipality.
To provide regular and special meetings at which the subject
of trees insofar as it relates to the municipality may be
discussed by the members of the City Tree Board officers and
personnel of the municipality and its several divisions, and
all others interested in the City Tree Program.
1007.7 OPERATION
The Board shall choose its own officers, make its own rules
and regulations and keep a journal of its proceedings. A
majority of the members shall be a quorum for the transaction
of business.
1007.8 APPOINTMENT AND OUALIFICATIONS O THE MUNICIPAL
FORESTER
The Municipal Forester shall be appointed by the City
Council, Municipality of Lino Lakes, County of Anoka, State
of Minnesota. Upon satisfactory completion of a six (6)
months probationary period the forester shall be appointed as
long as he/she satisfactorily performs the duties of his
office. The forester shall be skilled and trained in the
arts and sciences of municipal arboriculture, and shall hold
a college degree or its equivalent in arboriculture,
ornamental or landscape horticulture, urban forestry, or
other closely related field.
1007.9 SALARY
The Municipal Forester shall receive a salary commensurate
with his training and experience as full compensation for all
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services rendered and in lieu of all fees.
1007.10 DUTIES
The Municipal Forester shall have the authority to promulgate
the rules and regulations of the Arboricultural
Specifications and Standards of Practice governing the
planting, maintenance, removal, protection, fertilization,
pruning, and bracing of trees on the streets or other public
sites in the municipality, and shall direct, regulate, and
control the planting, maintenance, and removal of all trees
growing now or hereafter in any public area of the
Municipality of Lino Lakes, County of Anoka, State of
Minnesota. He/she shall cause the provision of this
Ordinance to be enforced. In his absence these duties shall
be the responsibility of the Assistant Forester designated by
the municipality.
1007.11 AUTHORITY Oa THE MUNICIPAL FORESTER
I. The Municipal Forester shall have the authority and
jurisdiction of regulating the planting, maintenance, removal
of trees on streets and other publicly owned property to
insure safety or preserve the aesthetics of such public
sites.
II. SUPERVISION. The Municipal Forester shall have the
authority and it shall be his duty to supervise or inspect
all work done under a permit issued in accordance with the
terms of this Ordinance.
III. CONDITION OF PERMIT. The Municipal Forester shall
have the authority to affix reasonable conditions to the
granting of a permit in accordance with the terms of this
Ordinance.
IV. MASTER STREET TREE PLAN. The Municipal Forester
shall have the authority to formulate a Master Street Tree
Plan with the advice, a hearing, and approval of a Shade Tree
Board. The Master Street Tree Plan shall specify the species
of tree to be planted on each of the streets or other public
sites of the municipality. From and after the effective date
of the Master Street Tree Plan, or any amendment thereof, all
planting shall conform thereto.
A. The Municipal Forester shall consider all existing and
future utility and environmental factors when recommending a
specific species for each of the streets and other public
sites of the municipality.
B. Amend. The Municipal Forester, with the approval of
the Shade Tree Board, shall have the authority to amend or
add to the Master Street Tree Plan at any time that
circumstances make it advisable.
V. The Municipal Forester shall have the authority to
enforce ordinance No. 18 - 87 of the City of Lino Lakes
concerning Tree Disease Control.
VI. The Municipal Forester shall have the authority to
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enforce the standards and specifications of care policy for
building sites.
1007.12 PERMITS REQUIRED
I. PLANTING MAINTENANCE OR REMOVAL
A. No person shall plant, spray, fertilize,
preserve, prune, remove, cut above ground, or otherwise
disturb any tree on any street or municipal -owned property
without first filling an application and procuring a permit
from the Municipal Forester or otherwise specified municipal
authority. The person receiving the permit shall abide by
the Aboricultural Specifications and Standards of Practice
adopted by the Municipal Forester.
II. PLANTING
A. Application Data. The application required herein
shall state the number of trees to be set out; the location,
grade, species, cultivar or variety of each tree; the method
of planting; and such other information as the Municipal
Forester shall find reasonable necessary to a fair
determination of whether a permit should be issued.
B. Improper Planting. Whenever any tree shall be
planted or set out in conflict with the provisions of this
section, it shall be lawful for the Municipal Forester to
remove or cause removal of the same, and the exact cost
thereof shall be assessed to the owner as provided by law in
the case of assessments.
III. MAINTENANCE
A. Application Data. The application required herein
shall state the number and kinds of trees to be sprayed,
fertilized, pruned, protected, or otherwise preserved; the
kind of treatment to be administered; the composition of the
material to be applied; and such other information as the
Municipal Forester shall find reasonable necessary to a fair
determination of whether a permit should be issued.
IV. REMOVAL REPLANTING AND REPLACEMENT
A. Wherever it is necessary to remove a tree or trees
from a treelawn in connection with the paving of a sidewalk,
or the paving or widening of the portion of a street or
highway used for vehicular traffic, the municipality shall
replant such trees or replace them. Provided that conditions
prevent planting on treelawns, this requirement will be
satisfied if any equivalent number of trees of the same size
and species as provided for in the Arboricultural
Specifications are planted in an attractive manner on the
adjoining property.
B. No person or property owner shall remove a tree
from the treelawn for the purpose of construction, or for any
other reason, without first filing an application and
procuring a permit from the Municipal Forester, and without
replacing the removed tree or trees in accordance with the
adopted Arboricultural Specifications. Such replacement
shall meet the standards of size, species, and placement as
provided for in a permit issued by the Municipal Forester.
Page 5
The person or property owner shall bear the cost of removal
and replacement of all trees removed.
1007.13 PUBLIC TREE CARE
The City shall have the right to plant, prune, maintain,
remove, or perform any other Arboricultural practices as
decided necessary within the lines of all streets, alleys,
avenues, lanes, squares and public grounds, as may be
necessary to insure public safety or to preserve or enhance
the symmetry and beauty of such public grounds. No other
planting may be done without consent of the City Forester.
The City Tree Board may remove or cause or order to be
removed, any tree or part thereof which is in an unsafe
condition or which by reason of its nature is injurious to
sewers, electric power lines, vas lines, water lines, or
other public improvements, or is affected with any injurious
fundus, insect or other pest. The City Tree Board shall
notify affected property owners of removal or trimming to be
done and give the property owner the option to complete the
work by contract with a City -approved tree contractor. Under
certain conditions, e.g., emergency situations, the City may
complete the work without prior notification to the property
owner.
Every tree overhanging any street or right-of-way within the
City shall be pruned so that the branches shall not obstruct
the light from any street lamp or obstruct the view of any
street intersection and so that there shall be a clear space
of eight feet (8') above the surface of the street or
sidewalk. Dead, diseased or dangerous trees, broken or
decayed limbs which constitute a menace to the safety of the
public shall be removed. The City shall have the right to
prune any tree or shrub on private property when it
interferes with the proper spread of light along the street
from a street light or interferes with visibility of any
traffic control device or sign.
The minimum clearance of any overhanging portion and twelve
(12) feet over all streets except truck thoroughfares which
shall have a clearance of sixteen (16) feet.
1007.14 ABUSE Q$ $UTILIZATION Qf PUBLIC TREES
Unless specifically authorized by the Municipal Forester, no
person shall intentionally damage, cut, carve, transplant, or
remove any tree; attach any rope, wire, nails, advertising
posters, or other contrivance to any tree, allow any gaseous
liquid, or solid substance which is harmful to such trees to
come in contact with them; or set fire or permit any fire to
come in contact with them; or set fire or permit any fire to
burn when such fire or the heat thereof will injure any
portion of any tree.
It shall be unlawful practice for any person, firm, or City
department to top any Street Tree, Park Tree, or other tree
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on public property without authorization from the City
Forester.
Topping can be defined as severe cutting back of a branch to
a stub.
1007.15 PROTECTION QE TREES
All trees on any street or other publicly owned property near
any excavation or construction of any building, structure or
street work, shall be guarded with a good substantial fence,
frame, or box not less than four (4) feet high and eight (8)
feet square, or at a distance in feet from the tree equal to
the diameter of the trunk in inches D.B.H., which ever is
greater, and all building material, dirt, or other debris
shall be kept outside the barrier.
No person shall excavate any ditches, tunnels, trenches, or
lay any drive within a radius of ten (10) feet from any
public tree without first obtaining a written permit from the
Municipal Arborist.
All builders in new housing projects shall submit a tree
protection plan to the City to be reviewed as part of their
normal building permit procedure. This plan must be approved
by the City Forester or Assistant in accordance with the
standards and specifications for tree care section of this
Ordinance, and physical barriers installed before any
construction of said building or house proceeds. The tree
protection plan much cover all areas of preventing
construction damage including the designation of utility
alleys, cut and fill areas, tree felling, tree wounding, tree
protection zones, and disease control, and any other areas
thought to be necessary by the City Forester. No person
shall deposit, place, store, or maintain upon any public
place of the municipality, any stone, brick, sand, concrete,
or other materials which may impede the free passage of
water, air, fertilizer to the roots of any tree growing
therein, except by written permit of the Municipal Forester.
All development subdivisions must submit a tree preservation
plan in accordance with the City of Lino Lakes Tree
Preservation Policy adopted by the City.
All new building project sites must submit a tree
preservation plan in accordance with the Tree Preservation
Policy adopted by the City.
1007.16 VIOLATION AND PENALTY
Any person violating any provisions of this ordinance shall
be guilty of a misdemeanor.
1007.17 LEGALITY Qf ORDINANCE AND PARTS THEREOF
Should any section, clause, or provisions of this Ordinance
be declared by the Courts to be invalid, the same shall not
affect the validity of the Ordinance as a whole, or parts
thereof, other than the part so declared to be invalid.
Page 7
1007.18 EMERGENCY
This Ordinance is hereby declared to be of immediate
necessity for the preservation of public peace, health, and
safety, and shall be in full force and effective from and
after its passage and publication as provided by law.
II.
Same as above amended, said City Code shall stand as
initially passed and as previously amended.
III.
This Ordinance shall be in full force and effect from and
after its passage and publication according to City Charter
Passed by the City Council this day of
1990.
Harold L. Bisel, Mayor
Marilyn G. Anderson, Clerk Treasurer
The motion for the adoption of the foregoing ordinance was
duly seconded by Council Member and upon
vote being taken thereon, the following voted in favor:
The following voted against same:
Whereupon the resolution was declared duly passed and
adopted.
Page 8
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COUNCIL MEETING SEPTEMBER 10, 1990
Fire District where each City would approve the disbursements
each month. Mr. Volk explained that the Fire District Joint
Powers Agreement was used as a model for this Agreement and
he also noted that two (2) cities are ready to adopt the
Agreement and Lino Lakes and Circle Pines have asked to make
further comments.
Mr. Volk noted that maybe this document is not totally
perfect, however the questions should be does this City want
to start a youth recreation program? Council Member Bohjanen
asked if the City could approve this Agreement and then after
one (1) year make amendments to it. Mr. Hawkins said that
the City would have to give notice similar to the
requirements in the Fire District Agreement.
After further discussion, Council Member Bohjanen moved to
approve the Joint Powers Agreement. Council Member Neal
seconded the motion. On a roll call vote, motion carried
unanimously.
Introduction ofr,J trance - Mr. Volk
explained that Mr. Asleson as.r. -`a proposed Tree
Ordinance. He also noted that several other cities have
already adopted the basic ordinance drafted by Mr. Asleson.
The Council offered their compliments to Mr. Asleson. Mr.
Volk noted that the proposed ordinance will generally address
tree planting on public lands as well as private lands. This
ordinance will also build the framework for tree control and
the need for subdivision requirements.
There was discussion regarding who is responsible for trees
planted in subdivisions when the trees die. Mr. Hawkins said
this could be documented in the developer's agreement.
Mr. Asleson told the Council that he would like to see this
ordinance in place and then proceed to take a realistic look
at concerns and cut out information that is not needed.
The Council asked that the ordinance be summarized to that it
would be easier to "digest".
Consideration of Park Board Request to Authorize Funding for
Comprehensive Plan Scope Development - It was noted that it
is important for the Park Board to proceed with developing a
Comprehensive Park Plan. This is the first step in this
development. Council Member Neal moved to approve up to
$1,000.00 from the Dedicated Park Fund to fund this study by
Brauer & Associates. Council Member Bohjanen seconded the
motion. Motion carried unanimously.
OLD BUSINESS
National League of City's Meeting in Houston, Texas - Mayor
Bisel said that he would like to attend this meeting and
PAGE 9
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AGENDA ITEM 14D
STAFF ORIGINATOR: DONALR_VOLIi
DATE: SEPTEMBER_5.J.99Q
TOPIC: TREE ORDINANCE
BACKGROUND
A municipal Tree Ordinance with its accompanying standards
and specifications/preservations section is important in
order to form a legal base for our City Forestry Program.
This ordinance authorizes the City to care for trees and
other vegetation in specific ways in order to provide for the
health, safety and well-being of residents.
OPTIONS
1.) Adopt the Tree Ordinance with its accompanying standards
and specifications preservation policy section.
2.) Deny the Ordinance.
RECOMMENDATION
Option 1
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CITY OF LINO LAKES
1189 MAIN STREET
LINO LAKES, MINNESOTA 55014
464-5562
APRIL 1990
ADMINISTRATIVE STANDARDS AND GUIDELINES
BY
LINO LAKES FORESTRY
APPROVED BY THE CITY COUNCIL
ARBORICULT
PART III
SPECIFICATIONS AND STANDARDS OF PRACTICE
I. ARBORICULTURAL SPECIFICATIONS AND STANDARDS OF PRACTICE.
The Municipal Forester shall have the authority to promulgate
the rules and Iegulations of the Arboricultural
Specifications and Standards of Practice governing the
planting, maintenance, removal, fertilization, pruning., and
bracing of trees on the streets or other public sites in the
municipality.
A. Policy.
1. All work on public trees shall comply with the "Municipal
Tree Ordinance" of the Municipality of Lino Lakes, County of
Anoka, State of Minnesota.
2. The Arboricultural Specifications and Standards of
Practice shall be adhered to at all times, but may be
amended at any time that experience, new research, or laws
indicate improved methods, or whenever circumstances make it
advisable, with the approval of the Shade Tree Commission.
3. The policy of the Department of Parks and Street Trees
shall be one of cooperating with the public, property owners,
other municipal departments, and appropriate not-for-profit
organizations at all times.
4. No trees s!all be removed from public places unless they
constitute a hazard to life or property, a public nuisance,
or because a revision of planting plans necessitates.
5. No trees shall be removed from private places in soil
disturbance areas for new development and building permit
ares without conforming to the Tree Preservation Section of
these specifications and Standards of Practical Portions of
the Shade Tree Ordinance.
B. Species, Cµltivars, or Varieties.
1. The Municipal Forester shall prepare lists of trees
acceptable for planting in the public sites of the
Municipality of Lino Lakes, County of Anoka, State of
Minnesota. Undesirable trees shall not be recommended for
general planting and their use, if any, shall be restricted
to special locations where, because of certain
characteristics of adaptability or landscape effect, they can
be used to advantage.
2. Only desirable, long-lived trees of good appearance,
beauty, adaptability, and generally free from injurious
insects or disjease shall be planted in public sites. The
Shade Tree Com}nission, in conjunction with the Municipal
Forester, shah review at least once every two (2) years the
species, cultivars, and varieties included on the approved
list to determine if any should be removed for any reason or
if certain new species, cultivars, or varieties of proven
dependability and value should be added.
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3. Where street blocks have been assigned a particular
species or variety on the Master Street Tree Plan, only these
shall be planted subject to revision by the Municipal
Forester and approval by the Shade Tree Commission.
C. Planting.
1. SIZE
a. Unless otherwise specified by the Municipal Forester, all
medium to large deciduous tree species and their cultivars
and varieties, shall conform to American Association of
Nurserymen Standards and be at lease 1 1/4 to 1 1/2 inches in
diameter six (6) inches above ground level, and at least
eight (8) to ten (10) feet in height when planted. The crown
shall be in good balance with the trunk.
b. All small deciduous tree species and their cultivars or
varieties, shall be at least five (5) to six (6) feet or more
in height and have six (6) or more branches.
2. Grade
a. Unless otherwise allowed for specific reasons, all trees
shall have comparatively straight trunks, well developed
leaders and tops, and roots characteristic of the species,
cultivar, or variety showing. evidence of proper nursery
pruning. All trees must be free of insects, diseases,
mechanical injuries, and other objectionable features: at the
time of planting.
3. Location and Spacing
a. Based on a140 year cycle, no tree which will attain a
.runk siiameterAgreater than twelve (12) to fifteen (15)
inches shall be planted in a treelawn 1 - than Lh - ( a ) to
in width. treelawns than three ( 3 )
feet width hmi reavr rheas lines ng etback
a spE problem, ht_ selection "Peds
termri al by the Munic p ] or ste E "'a 'T7 nt right
beyond thydidewalk on prlv per . Such
easements should contains provisions granting the municipality
permission to select, plant, maintain, and remove such trees
under the direction of the Municipal Forester.
b. Where there is a treelawn less than three (3) feet in
width, legal"steps should be taken to obtain easement rights
to plant beyond the sidewalk on private property. Such
easements should be taken to obtain provisions granting the
municipality permission to select, plant, maintain, and
remove such trees under the direction of the Municipal
Forester.
c. Trees shall be planted at least thirty (30) feet from
street intersections and at least fifteen (15) feet from
driveways and alleys25-C4-.
d. No tree shall be planted closer than ten (10) feet of a
utility pole.
e. Spacing of trees should be determined by the Municipal
Forester according to local conditions, the species,
cultivars, or varieties used, their mature height, spread,
five
and form. Generally, all large trees shall be planted forty
(40) to sixty (60) feet on center; all medium-sized trees
shall be planted a minimum of thirty-five (35) feet on
center; and all small trees shall be planted a minimum of
twenty-five (25) feet on center.
f. All planting on unpaved streets without curbs must have
the special permission of the Municipal Forester who shall
determine the tree's location so it will not be injured or
destroyed when the street is curbed and paved.
4. METHODS OF PLANTING AND SUPPORT
a. Most small deciduous trees may be moved bare -rooted
unless otherwise indicated. Roots of bare -rooted trees
should be protected against drying out.
b. All coniferous trees shall be moved balled and burlapped.
Balled roots should be prevented from drying out at the
surface of the ball and protected against injurious freezing.
c. Pits dug for planting of bare -root plants shall be a
minimum of twelve (12) inches larger in diameter than the
diameter of the root system so as to be of sufficient size to
accommodate the roots without crowding. For balled trees,
the pits shall be a minimum of twelve (12) inches larger in
diameter than the diameter of the ball of soil to allow
proper backfill.
d. Plants shall be planted no deeper than previously grown,
with due allowance for settling.
e. In poorly drained soil, artificial drainage shall be
provided to properly drain the soil about the plant roots or
tolerant species selected.
f. Existing, indigenous soils shall be placed about the
roots or in the back -fill around the ball.
,jj. Postponed until the following growing season. ?
h. Trees shall be suitably wrapped and guyed, or supported
in an upright position, according to accepted arboricultural
practices. The guys or supports shall be fastened so they
-fey will not girdle or cause serious injury to the tree or
endanger public .safety.
D. Early Maintenance
1. General
a. Newly planted trees require special attention to
maintenance practices during one or two growing seasons
following planting. All maintenance practices shall follow
approved aboricultural standards.
2. Watering
a. Ample soil moisture shall be maintained following
planting. A thorough watering each five (5) to ten (10)
days, depending on soil type and drainage provisions, is
usually adequate during the growing season. A soil auger or
sampling tube is used to check the adequacy of moisture in
the soil ball and/or backfill.
3. Fertilization
a. Provision of good drainage and adequate moisture of the
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backfill, and the soil ball of balled plants, is more
important than fertilization immediately following planting.
However, adequate quantities of the essential nutrient
elements should be available after new growth starts.
4. Insect and Disease Control
a. Measures for the control of insects and diseases shall be
taken as shown necessary by frequent and thorough
inspections. Plants in a weakened condition following
transplanting are often more susceptible toy insects,
especially borers, and some diseases than are vigorously
growing.trees. Where it is necessary to spray, insecticides
or fungicides shall be used that are recommended for safe and
effective control.
5. Pruning
a. Pruning practices to be followed the first few years
following planting shall consist of removing dead, broken, or
injured branches, the suppression of rank, uneven growth, and
usually the removal of water sprouts. Feather growth shall
be removed as it reaches pencil size in diameter.
b. Pruning shall be practiced subsequent to transplanting
and as necessary thereafter to assure sturdy crotch
development.
c. Tree heads should be raised as growth characteristics and
location dictates. Newly planted trees need not have lower
branches removed until they are well established.
Eventually, trees should have the lower branches removed to a
height of at least seven (7) feet, unless in areas where
lower branches do not impede traffic.
E. General Maintenance
1. Pruning and Removal
a. No topping or dehorning of trees shall be permitted.
b. All large, established trees shall be pruned to
sufficient height to allow free passage of pedestrians and
vehicular traffic: ten (10) feet over sidewalks and twelve
(12) feet over all streets except those that are subject to
truck traffic which shall have a clearance of sixteen (16
feet.
c. It shall be the policy of the Municipal Arborist to
cooperate with the Municipal or UtilityLighting Engineer,
and vice -versa, in the placement and height of lighting
standards and the development of a system of tree pruning to
give effective street illumination.
d. All cuts shall be made with a saw or pruner and only at
the nodes or crotches. All pruning cuts shall be done
according to the National Target Pruning techniques. Whereby
a branch collar is left intact on the tree after cut out. No
spurs or climbing irons shall be used in the trees, except
when trees are to be removed.
e. All dead, crossed, and rubbing branches shall be removed.
f. 411 wounds over two (2) inches in diameter may be treated
with a suitable tree would dressing. Except where a disease
exhibits that would make it necessary. Such trees shall be
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treated with a suitable tree wound dressing.
g. All tools being used on a tree suspected to be infected
with a contagious disease shall be disinfected before being
used on another tree.
h. Whenever streets are to be blocked off to public service,
police and fire departments shall be notified of the location
and length of time the street will be blocked. Notification
shall be given these departments upon the removal of such
barriers or if such barriers are to remain longer than
originally expected.
i. To protect the public from danger, suitable street and
sidewalk barriers, highway cones, or signs shall be used when
pruning a tree. Flashing signals or flares shall be placed
on all barriers or obstructions remaining in the street after
dark.
j. The stumps of all removed trees shall be cut to at least
three (3) inches below the ground, and soil shall be replaced
and the area leveled. If the area where the tree is removed
is to be paved, the tree should be cut or stump removed at
least six 6 inches below the ground.
2. Spraying
a. Suitable precautions shall be taken to protect and warn
the public that spraying is being done.
b. Spraying shall be done only for the control of specific
diseases or insects, with the proper materials in the
necessary strength, and applied at the proper time to obtain
the desired control. All spraying practices shall conform to
federal and state regulations.
c. Dormant oil sprays shall not be applied to sugar maple,
Japanese maple, beech, flowering dogwood, hickory, walnut,
and most crab apple trees. Dormant oil sprays shall be
applied to other trees only when the air temperature is 40 F
or above and when it is not likely to drop below this
temperature for a period of twenty-four (24) hours.
3. Fertilization
a. Fertilization of public trees shall follow the National
Arborist Association or other accepted arboricultural
standards.
b. Formulations, rates, and methods of application of
fertilizers shall be specified by the Municipal Forester.
4. Cavities
a. Extensive cavity work should be preformed on trees only
if they are sufficiently high in value to justify the cost.
All cavity work shall conform to the National Arborist
Association or other accepted arboricultural standards.
5. Cabling and Bracing
a. As a general rule, cables should be placed approximately
two-thirds (2/3) of the distance between the crotch and top
branch ends. Rust -resistant cables, thimbles, and lags
should be used. The ends of a cable should be attached to
hooks or eyes of lags or bolts, and thimbles must be used in
the eye splice in each end of the cable. In no instances
shall cable be wrapped around a branch.
b. All cabling and bracing practices with screw rods shall
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follow National Arborist Association or other accepted
arboricultural standards.
F. Amend
The Municipal Forester shall have the authority to modify, or
extend, with the approval of the Shade Tree Commission, the
Arboricultural Specifications and Standards of Practice at
any time that experience indicates improved methods or
whenever circumstances make it advisable.
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PURPOSE
The purpose of this article is to preserve and protect
significant trees or stands of trees whose loss due to land
disturbances would affect the character of neighborhoods,
subdivisions, public or semi-public projects.
II. APPLICABILITY
This article shall apply to any person that would
disturb land areas and impact significant trees or stands of
trees in neighborhoods, subdivisions, public and semi-public
projects such as streets, utilities and parks whether
disturbed by a public agency or private developer; except
where the City Council may waive these requirements where
there would be a greater public need for the project then to
meet the requirements of this article. A public hearing
shall be held before declaring such a waiver. The property
owners within 350 feet of the site shall be notified at least
10 days before the hearing. The terms and provisions of Tree
Preservation in the Administrator Standards section of the
City Tree Ordinance apply to all activity which required the
issuance of a Land Disturbance Permit.
III. DEFINITIONS
A. All words in these standards have their customary
dictionary definition except as specifically defined herein.
The words "shall" and "must" are mandatory, and the words
"may" and "should" are permissive. Technical terms used in
this manual are defined in Appendix A.
1. Buildable area - The portion of a lot which is not
located within any minimum required yard, landscape
strip/area, or buffer; that portion of a lot wherein a
building may be located.
2. City Forester - The agent of the City of Lino Lakes
assigned to the Forestry Department and having the primary
responsibilities of administration and enforcement of the
Tree Preservations Guidelines.
3. Crown dripline - A vertical line extending from the
outer surface of a tree's branch tips down to the ground.
4. DBH - Diameter -at -breast -height is a standard
measure of tree size, and is a tree trunk diameter measured
in inches at a height of 4 1/2 feet above the ground. If a
tree splits into multiple trunks below 4 1/2 feet, then the
trunk is measured at its most narrow point beneath the split
5. Land Disturbance Permit - An official authorization
issued by the Forestry Department, allowing defoliation or
alteration of the site, or the commencement of any
construction activities.
6. Protected Zone - All lands that fall outside the
buildable area of a parcel.
7. Specimen tree or stand - Any tree or grouping of
trees which has been determined to be of a high value by the
City Forester because of its species, size, age, or other
professional criteria. General criteria for the
determination of specimen trees or stands of trees are
provided in Appendix B.
8. Structure - Anything manufactured, constructed or
erected which is normally attached to or positioned on land,
including portable structures.
9. Tree - Any self supporting woody plant, usually
having a single woody trunk, and a potential DBH of 2 inches
or more.
10. Tree Preservation Policy - Approved and adopted by
the City of Lino Lakes Council to regulate and provide
standards and guidelines for the preservation of trees
through development and construction processes within the
City of Lino Lakes.
11.' Woodlot - A treed area of at least one-half acre of
which at least 25% of the area includes large trees.
IV PROCEDURES. (Summarized in Figure 1.
A. Any required density reduction or increase in lot size
must save signified or speciman trees. The City Council may
require Rezoning and Special Use Permits.
1. The City Forester will conduct a preliminary review
of all rezoning cases and special use permit applications.
2. A field review of select cases will occur under the
following conditions:
a. For community unit plans, and major development
b. Other cases as determined necessary by the
preliminary review.
3. Conditions to rezoning will be applied where
determined necessary by the preliminary review. These
conditions may either be general, or specific in nature, and
will reflect the standards or provisions of the Tree
Preservation section of the Shade Tree Ordinance.
4. The City may reduce the maximum allowed density on
that part only of the development that has significant trees,
where such reduction would save all or part of such
significant trees. However, regardless of the requirements
in this article, the minimum allowed density shall not be
reduced below 67% of the allowed density in the City's land
use plan for multiple dwellings. The minimum lot size shall
not be increased above 15,000 square feet for single
dwellings. Any required significant trees. The City Council
may require the clustering of dwellings in the form of town-
houses, quads, apartments or similar uses, where it is
necessary to preserve significant trees.
5. Compliance to these conditions will be verified by
review of a revised site plan prior to the issuance of a land
disturbance permit.
B. Developments shall be designed to preserve large trees
and woodlots, where such preservation would not effect the
public health, safety or welfare. The City may prohibit
removal of all or part of a woodlot or stand of trees subject
cases.
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to the limitations in Section 3. In addition, nothing in
this article shall prevent building on an existing lot of
record, provided that such building shall be designed to save
as many trees as possible. This decision shall be based on,
but not limited to the following criteria:
1. Size
2. Species, health and attractiveness of the trees,
including:
a. sensitivity to disease
b. life span
c. nuisance characteristics
d. sensitivity to site grading
3. Potential for transplanting
4. Need for thinning a woodlot
5. Effect on the functioning of a development
C. Land Disturbance Permit
1. A tree protection plan shall be submitted with other
permit drawings as part of the land disturbance permit
process. An application fee shall be established by the City
Council by resolution from time -to -time. This plan may
either be a separate drawing, or part of the landscape plan,
and shall include the following information.
a. Definition of spatial limits.
1. Limits of land disturbance, clearing, grading and
trenching.
2. Tree protection zones.
3. Specimen trees or stands of trees.
b. Detain drawings of tree protection measures (where
applicable).
1. Protective tree fencing.
2. Tree protection signs.
2. These plans shall be reviewed by the City Forester for
conformance with Tree Preservation Standards and
administrative guidelines, and will either be approved, or
returned for revisions. Reasons for denial shall be noted
on the tree protection plan, or otherwise stated in writing.
3. Issuance of the land disturbance permit is contingent
upon approval of the tree protection plan.
4. City Staff may submit the plan to a consulting forester
for a recommendation. Any costs shall be paid for by the
developer or builder.
5. All tree protection measures shall be installed prior to
land disturbance, and inspected by the City Forester.
6. The City Forester will conduct follow-up site inspections
for enforcement of the Tree Preservation Ordinance and its
administrative standards.
7. If large trees are cut the density of trees shall be
restored to that which existed before soil disturbance but in
no case shall the applicant be required to raise the density
above ten (10) trees per acre, unless part of a required
planting screen.
-planting -creo T .
8. If any significant tree inAdevelopment or building site
is cut, damaged or the area within the tree's dripline has
been encroached upon by grading equipment without City
authorization, the City may require planting of two new
trees. In addition, if the City determines that a damaged
tree will probably not survive, it shall be removed by the
developer.
a. Any trees required to be planted shall be varied in
species, shall maximize the use of species native to the
area, shall not include any species under disease epidemic
and shall be hardy under local conditions. Trees shall be at
least 2 1/2 inches in diameter for deciduous trees and eight
feet tall for coniferous trees.
b. Any trees required to be planted shall be replaced if
they die or appear to be dying within one year of planting by
the person responsible for the planting.
c. Before any construction or grading takes place,
snow fencing or erosion control fencing shall be placed
around the borders of woodlots or the driplines of large
trees to be preserved. Signs shall be placed along this
fence line prohibiting grading beyond the fence line.
SECTION V TREE AND SITE RELATED DISTURBANCES
A. Tree protection zones, specimen trees or stands of trees
designated to be saved must be protected from the following
damages which may occur during all phases of land disturbance
and construction processes. Methods of tree protection and
disturbance prevention are provided in Section VI.
1. Direct physical root damage.
2. Indirect root damage.
3. Trunk and crown disturbances.
B. Direct physical root damage most frequently occurs during
site clearing and grading operations, where transport or
feeder roots are cut, torn, or removed.
1. Transport and feeder roots tend to tangle and fuse
among the roots of adjacent trees. The removal of trees with
heavy machinery along the outer periphery of a tree save area
can result in considerable damage within the tree save area.
2. The most substantial form of root damage for all
root types occurs in the form of cut roots. Roots are cut in
grade reduction, or from trenching for underground utilities,
sanitary sewer, or storm sewer lines.
3. A more subtle form of root damage is the loss of
feeder roots. Feeder roots normally occur within the organic
layer, and the surface four inches of top soil, subsequently,
these roots can be easily damaged by the track action from a
single bulldozer pass. The stripping of top soil within a
tree's critical root zone can totally eliminate its feeder
root system.
C. Indirect root damage through site modification can result
from positive grade chances, temporary storage of fill
material, the sedimentation of erosion materials, soil
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compaction, and soil chemical changes.
1. Positive grade changes from fill and sedimentation
causes a decrease in soil oxygen levels. An increase in soil
carbon dioxide and other toxic gases can also occur, leading
to large areas of anaerobic conditions. Anaerobic soil
conditions cause a decrease in the root respiration process
which is essential for the uptake and transport of minerals
and nutrients.
2. Anaerobic soil conditions are also produced by soil
compaction, the increase in soil bulk density with a decrease
in soil pore space. Compacted soil is also impervious to
root penetration, and thus inhibits root development. Soil
compaction is generally caused by the weight and vibrations
of heavy machinery, vehicle parking, and the storage of fill
and/or construction materials within the critical root zones
of trees.
3. Changes in soil chemistry will adversely affect tree
survival. The most frequent occurrence is the change
(decrease) in soil acidity by concrete washout. Most trees
native to the Anoka County.awe prefer slightly acid soils;
concrete residues are highly basic. The leakage or spillage
of toxic materials such as fuels or paints can be fatal for
trees.
D. Trunk and crown disturbances are generally mechanical in
nature and are either caused directly by clearing and grading
machinery, or indirectly by debris being cleared and falling
into trees marked for protection.
1. Common forms of damages include stripped bark and
cambium, split trunks, and broken limbs.
2. Damage also occurs from the posting of signs such as
building permits, or survey; markers on trees.
3. Indirect damage can be caused by the placement of
burn holes or debris fires too close to trees. The possible
range of damages include scorched trunks with some cambial
dieback, the loss of foliage due to evaporative heat stress
(leaf desiccation), and completely burned trunks and crowns.
SECTION VI METHODS OF TREE PROTECTION
A. Planning and considerations. Tree space is the most
critical factor in tree protection throughout the development
process. The root system of trees can easily extend beyond
the dripline of the tree canopy (Figure 3). The root system
within the dripline region is generally considered to be the
critical root zone. Disturbance within this zone can
directly affect a -tree's -chances root zones.the following
4t-avrivirtrik shall apply:
1. The use of tree save islands and stands is
encouraged rather than the protection of individual (non -
specimen) trees scattered throughout a site. This will
facilitate ease in overall site organization as related to
tree protection.
2. The protective zone of specimen trees or stands of
trees or otherwise designated tree save areas shall include
no less than the total area beneath the tree(s) canopy as
defined by the farthest canopy dripline of the tree(s). In
some instances, the City Forester may require a protective
zone in excess of the area defined by the tree's dripline.
3. Layout of the project site utility and grading plans
should accommodate the required tree protective zones.
Utilities must be placed along corridors between tree
protective zones.
4. Construction site activitiessuch as parking,
material storage, concrete washout, hole placement, etc.,
shall be arranged so as to prevent disturbances within tree
protective zones.
5. No disturbance shall occur within the protective
zone of specimen trees or stands of trees without prior
approval by the City Forester.
B. Protective Barriers
1. Active protective tree fencing shall be installed
along the outer edge of and completely surrounding the
critical root zones of all specimen trees or stands of trees,
or otherwise designated tree protective zones, prior to any
land disturbance.
2. These fences will be a minimum four (4) feet high.
Four foot orange polyethylene laminar safety fencing is
acceptable. Figure 4
3. Passive forms of tree protectionsi may be utilized to
delineate tree save areas which are remote from areas of land
disturbance. These areas must be completely surrounded with
continuous rope or flagging (heavy mill. minimum 4" wide).
All passive tree protection must be accompanied by "Keep Out"
or "Tree Save" signage. Figure 5
4. all tree protection zones should be designated as
such with "tree save area" signs posted visibly on all sides
of the fenced in area. These signs are intended to inform
subcontractors of the tree protection process. Signs
requesting subcontractor cooperation and compliance with tree
protection standards are recommended for site entrances.
5. All tree fencing barriers must be installed prior to
and maintained throughout land disturbance process and
building construction, and should not be removed until
landscaping is installed.
C. Encroachment. Most trees can tolerate only a small
percentage of critical root zone loss. If encroachment is
anticipated within the critical root zones of specimen trees,
stands of trees, or otherwise designated tree protective
zones, the following preventive measures shall be employed:
1. Clearing activities: Roots often fuse and tangle
amongst trees. The removal of trees adjacent to tree save
areas can cause inadvertent damage to the protected trees.
Wherever possible, it is advisable to cut minimum two (2)
foot trenches (e.g. with a "ditch -witch") along the limits of
land disturbances, so as to cut, rather than tear, roots.
Directionally felling trees outward into disturbance areas
and grinding stumps is also acceptable.
2. It is very strongly suggested that all clearing in
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,Cr ITICAL ROOT RADIUS
'CRITICAL ROOT ZONE WITHIN THE DRIP -LINE
ACTUAL FEEDER ROOT SYSTEM EXTENDS WELL BEYOND THE DRIP -LINE
FIGURE 3 TYPICAL CRITICAL ROOT ZONE
oak stands be done before May 1st and after July 1st of each
season. This will help to keep the inadvertent wounding of
trees with the consequential spread of oak wilt. If clearing
has to be done at this time. all stumps and wounded trees
shall have the wood areas painted thoroughly with a tree
paint. Should oak wilt get started as a result of
construction during the months of May and June, then the
developer/builder shall pay for all additional oak wilt
control measures needed to control the disease. This is in
accordance with the City of Lino Lakes disease control
ordinance number
5. Where the City Forester has determined that
irreparable damage has occurred to trees within tree
protective zones, the trees must be removed and replaced.
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Snow Fencing
4' High, Orange,
Polyethylene
Laminar
Safety Netting.
PII N IMIII y", 1-EAWY MILL. PLASTIC, DARK LETTERING ON MIGHT BACMROUND
CONTINUOUS
PASSIVE PROTECTION WITH ROPE AND SIGHAI'E
FI31E 5. PASSIVE P!JIECTICti DETAIL
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APPENDIX A. TECHNICAL TERMS
1. Cambium - Tissue within the woody portion of trees
and shrubs which gives rise to the woody water and nutrient
conducting system, and the energy substrate transport system
in trees. Cambium growth activity results in a tree's radial
development, i.e., increase in diameter.
2. Cambial dieback - The irreparable radial or
vertical interruption of a tree's cambium, usually caused by
mechanical damage, such as "skinning bark"; or from excessive
heat.
3. Coniferous - Belonging to the group of cone -bearing
evergreen trees or shrubs.
4. Critical root zone - The rooting area of a tree
established to limit root disturbances. This zone is
generally defined as a circle with a radius extending from a
tree's trunk to a point no less than the furthest crown
dripline. Disturbances within this zone will directly affect
a tree's chance for survival.
5. Deciduous - Not persistent; the shedding of leaves
annually.
6. Feeder roots - A complex system of small annual
roots growing outward and predominantly upward from the
system of "transport roots". These roots branch four or more
times to form fans or mats of thousands of fine, short, non -
woody tips. Many of these small roots and their multiple
tips are 0.2 to 1mm or less in diameter, and less than 1 to
2mm long. These roots constitute the major fraction of a
tree's root system surface area, and are the primary sites of
absorption of water and nutrients.
7. Major woody roots - First order tree roots,
originating at the "root collar" and growing horizontally in
the soil to a distance of between 3 and 15 feet from the
tree's trunk. These roots branch and decrease in diameter to
give rise to "rope roots". The primary function of major
woody roots include anchorage, structural support, the
storage of food reserves, and the transport of minerals and
nutrients.
8. Root collar - The point of attachment of major
woody roots to the tree trunk, usually at or near the
groundline and associated with a marked swelling of the tree
trunk.
9. Root respiration - An active process occurring
throughout the feeder root system of trees, and involving the
consumption of oxygen and sugars with the release of energy
and carbon -dioxide. Root respiration facilitates the uptake
and transport of minerals and nutrients essential for tree
survival.
10. Rope roots - An extensive network of woody second
order roots arising from major woody roots, occurring within
the surface 12 to 18 inches of local soils, and with an
average size ranging from .25 to 1 inch in diameter. The
primary function of rope roots is the transport of water and
nutrients, and the storage of food reserves.
11. Soil compaction - A change in soil physical
properties which includes an increase in soil weight per unit
volume, and a decrease in soil pore space. Soil compaction
is caused by repeated vibrations, frequent traffic and
weight. As related to tree roots, compacted soil can cause
physical root damage, a decrease in soil oxygen levels with
an increase in toxic gasses, and can be impervious to new
root development.
12. Transport roots - The system or framework of tree
roots comprised of major woody roots and rope roots.
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APPENDIX B. GENERAL CRITERIA FOR THE DETERMINATION OF
SPECIMEN TREES OR STANDS OF TREES.
1. Specimen Tree:
a. Any tree in fair of better condition which
equal or exceeds the following diameter sizes.
i) Large hardwoods, e.g. oaks, ash, black
cherry, red maple etc. 30 "dbh.
ii) Large softwoods, e.g. pines, cedars etc
36" dbh.
iii) Small trees, e.g. flowering crab, maple,
ironwood, etc.
b. A tree in fair or better condition must meet
the followingminimum standards.
i) A life expectancy of greater than 15 years.
ii) A relatively sound and solid trunk with no
extensive decay or hollow, and less than 20% radial trunk
dieback.
iii) No more than one major and several minor
dead limbs (hardwoods only).
iv) No major insect or pathological problem.
c. A lesser sized tree can be considered a
specimen if it is a rare or unusual species, of exceptional
quality, or of historical significance.
d. A lesser size tree can be considered a specimen
if it is specifically used by a builder, developer, or design
professional as a focal point in a project of landscape.
2. Specimen tree stands - A contiguous grouping of trees
which has been determined to be of high value. Determination
is based upon the following criteria:
a. A relatively mature even aced stand.
b. A stand with purity of species composition or of a
rare or unusual nature.
c. A stand of historical significance.
d. A stand with exceptional aesthetic quality.
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APPENDIX C
1. A tree's ability for adequate root development, and
ultimately its chances for survival, are improved with
reclamation of the growing site.
a. Wherever possible, the soil should be brought back
to its natural grade. Unnecessary fill, erosion
sedimentation, concrete washout, and construction debris
should be removed. When machinery is required for site
improvement, it is recommended that a "bob -cat" or similar
light weight rubber tire vehicle be used so as to minimize
soil compaction.
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APPENDIX D CHECKLIST FOR TREE PROTECTION PLAN REVIEW
CONTACT THE DEPARTMENT OF FORESTRY AT 464-5562 FOR A
SITE INSPECTION UPON COMPLETION OF LANDSCAPE INSTALLATION
1. Tree Protection Plans
a. Provisions for tree protection on the site
shall be, as minimum, in conformance with the requirements of
the City of Lino Lakes Tree Preservation Section of the Tree
Ordinance.
b. A tree protection plan shall be submitted
either as part of the landscape plan or as a separate drawing
to include the following:
i) All tree protection zones.
ii) Approximate location of all specimen trees
or stands of trees.
iii) Exact location of all specimen trees when
their preservation is questionable, or might result in a
change of the site design.
iv) Indicate those specimen trees to be removed.
Removal of specimen trees is subject to City Forester
approval.
v) Limits of clearing and land disturbance such
as grading, trenching, etc. where these disturbances may
affect tree protection zones.
vi) Proposed location of underground utilities.
vii) Methods of tree protection shall be
indicated for all tree protection zones, aeration systems,
staking, signage, etc.
vii) The plan should indicate staging areas for
parking, materizfl storage, concrete washout, and debris burn
and burial holes where these areas might affect tree
protection.
c. The following notes shall be indicated on both tree
protection plans and grading plans in large letters:
A. Contact the Forestry Department at 464-5562 to arrange a
pre -construction conference with the City Forester prior to
any land disturbance.
B. All tree protection measures shall be installed prior to
soil disturbance.