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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 i • 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 • • • • • • 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 2 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 3 • • • • 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 4 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. 5 • • • • • 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 • 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 • PAGE 4 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. • • • 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 Page 1 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 Page 2 • • • • • • 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 Page 3 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 Page 4 • • • • • • 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 Page 6 • • • • • • 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 • • • i • • 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 r 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 • • 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. • • to • • 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 • • • • 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 • 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 • • • • 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. • TREE RVA OLIC ION • • 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. • • • • 1 • 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 • • • • tr 0 T..; O 3Cm 4) C 1.) to a °i na a -4 >. A >IO >1.0 .-1 Ti 3-i CO 4) 0 b > CO4)0 U4.3 a1ri 0 O • Cid +)N WiD gE a0,3xzu •••1 O '0 44 0 000 OH Application Forms —+ - O• C m -r. O ••1 r-4 - - a) > . „• -•i 0 4) 0 Gv U a 0 0 to O 01 43 .C2 4) C4) N 0 O 0 Nr1 C. t0 O 0 •ri > Tf«1 C O 0 U ••r1 'a a) to -•-1 0 4J > J •.-1 0) 'CI 0 S40000) • .-4 , a O )4 0444 4) 4) 0 U O ft, U A •ri 04 ) i 41 0 aa) 04) 4.1 to to 0 -•- 0 •-t O 0 ••-1 C] Verification 0 U 0, v 0) G G b0 • QO b0 - 0 •.t O 4) G \ -.•1 I) N CO •r1 0 b0 +) \+-, U G EO 11 0 0 "0 C ••+ b0 .•-i 0 0) 0 O C 0 -O 0 0 • ■t +-4 V .--1 0 .G 0 +1 0 4 G U L 0..-4 L L „C .-t R 0 0 0) G 4) 0) 7 b0 0 0 til 0 •.t V +-) L4.++\G Q 0+' 4-) 0 O 0 0 0 t-0 0 0 0 0 0 L 0) 4.1 •r+ 0 I. >. v L ..t C 0.E00,+• ++ 4.0. .-r Q) •... .... L •... O +) 0) 0 d •r+ ro 0/ 0 0) .1-4 0 -V 0 a 0 0 0 0 01 •.•1 L. 0. L ••4 •-• 0) L L 0 in E+t/J<.-4 0 AHE+ HX 4-4 0 0 0 0 0 0 0 0 0 0 1 CO 0 + l -.•. .0 1 1 ++•1 +-- -- t -- t O.•.+ 1 1 C/2 .4 1 .1, I ;1 F Continued a 0. E. Tree Protection Plan Application 0. 0. Ey Disturbance - 0 m 0) L 0 0 L rap Protect ion Measures G 0 4) U 0) 0 0. • Enforcement • U O 1 1 1 U I I O I G! 1 .0 00 L 8) > 0 0 +� 0. 0 L 0) --4 -4.) 0. C0 3 U < -- 0 0) - '0 .-t O. 1; •-t 0 N O 0 0 •rt Fi ib H C6 • • • • 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 • • • • • MO- fr ie 1 CANOPY DRIP -LINE MJ �� A•II • 1Li r•w.�t: � t -' '•-•• . 1 : W.-3 - . *.,..., * +'*- 11•x- /•I� "4..•0.. • .. 5 -..• wt .!,-:~'.. '. �Yi." - «.ii..`C:ir:. -~ .y.r\�..I•/.J.J •'•I/•/•J•I••••I•/•I•I:/•i•I•I•I•I:iili/:/:I:I•/•/•I•I•I•I•I•Ii'•• M""• "� •••••••••••••%.1.•.•1/ •!•/. /./•I•/•I•/•J•/•I•I•/•/•I•: •I I•I•J•I•I•I•I•i•.••I•J.I•I•J•�N•I:I•I•J�••:/�I�••�I I•I•JN•I•/ ,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. Z Vlb • • • • • • 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 • • • • • 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. • • • • • • 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. EI F I'LL OPE DE UT CRITICAL -;JOT ZONE 1 T ERRAC .1; :G FOR GRADE CHANGES I RED GRADE T I CAL ROOT ZONE F ILL IG11Rt GRADE CHANGES • • r'4ETENTI,C3N OR GRA I E CH • • • • FGIJ 17 FOR PROTEMCil Frnm 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. • • • • • • 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.