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HomeMy WebLinkAbout5.D.3. Uniform Standards for Tree, Shrub, and Bush Control-Res. No. 6719 • ~ ~ CITY OF SHAKOPEE MEMORANDUM To: Mayor and City Council Mark McNesll, City Admm~strator From: Ryan Hughes, Natural Resources Coordinator Meeting Date: January 15, 2008 Subject: Uniform Standards for Tree, Shrub, and Bush Control Resolution No. 6719 INTRODUCTION: This agenda item seeks review and approval of Resolution No. 6719, a Resolution Adopting Uniform Standards for Tree, Shrub, and Bush Control as provided by Section 7.05, 7.18, and 10.70 of the Shakopee City Code. BACKGROUND: The 2008 Arbor Day event will include a tree safe. Trees will be purchased by the City at wholesale cost and sold to Shakopee residents at the event. In order to provide residents with the most recent information on tree planting and maintenance requirements the Uniform Standards for Tree, Shrub, and Bush Control have been updated and approved by the Environmental Advisory Committee at the December 12, 2007 regular meeting. The Uniform Standards were last updated in .1993 (see attachment B). DISCUSSION: The standards and policies were updated to reflect current practices of the City as well as new information made available by the Department of Natural Resources Division of forestry and the U.S. Forest Service. The Uniform Standards will assist City staff responsible for tree planting and maintenance and be available to residents, builders, and developers. As part of the updates a Tree, Shrub, .and Bush Planting Permit Application (see attachment A) has been created for proposed plantings in City owned property, such as boulevard trees in right-of-way and park and open spaces, and in City managed property, such as easements. This permit application will be free for residents and will serve as an opportunity to educate residents on the acceptable locations to plant trees, shrub, and bushes. The permit process will also allow the City to have control in maintaining and creating a diversified urban forest system and minimize the effects of tree problems such as Emerald Ash Borer, Dutch Elm Disease, Oak Wilt, girdling roots, Verticillium Wilt, and conflicts with utility maintenance. The process to update the Uniform Standards included updating the maintenance standards and diseased tree removal policy to reflect current practices in the City (see attachment A). VISIONING RELATIONSHIOP Approval of Resolution No. 6719, a Resolution Adopting Uniform Standards for Tree, Shrub, and Bush Control as provided by Section 7.05, 7.18, and 10.70 of the Shakopee City Code appears to meet the following aspects of the City's vision: Goal: High Quality of Life Strategies: Protect the Environment ACTION REQUESTED:. If Council concurs, move to adopt Resolution No. 6719, a Resolution Adopting Uniform Standards for Tree, Shrub, and Bush Control as provided by Section 7.05, 7.18, and 10.70 of the Shakopee City Code. RESOLUTION NO. 6719 A RESOLUTION OF THE CITY OF SHAKOPEE ADOPTING UNIFORM POLICIES AND STANDARDS RELATING TO TREE, SHRUB AND BUSH PLACEMENT AND MAINTENANCE WHEREAS, Sections 7.05, 7.18 and 10.70 of the Shakopee City Code indicates that the City shall have control and supervision over all trees, shrubs and bushes within City easements and City property and may establish and enforce uniform standards relative to tree, shrub and bush placement and maintenance; anal NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, 1. That it hereby approves and adopts the attached standards and policies for tree and shrub placement and maintenance as listed below: a. Tree and Shrub Maintenance Standards. b. Tree, Shrub and Bush Planting and Placement Policy and Standards. c. Diseased Tree Removal Policy. 2. Such standards and policies shall be kept on file in the office of the City Administrator and shall be made available to the public. 3. That the attached Tree, Shrub and Bush Permit Application is approved and adopted. 4. That City Council Resolution No. 3923 is hereby repealed. Adopted in session of the City Council of the City of Shakopee, .Minnesota, held this day of , 2007. John J. Schmitt Mayor of the City of Shakopee ATTEST: Judith S. Cox City Clerk - CITY OF SHAKOPEE .129 SOUTH HOLMES STREET SHAKOPEE MN 55379 Phone (952} 233-9300 Fax (952) 233-3801 E - ~ www.ci.slaakopee.mn.~as ~AOE Ct~~t~~~:~a?~ ~,l~~~c ; Tree, Shrub and Bush Permit Application A permit is required to plant or place trees, shrubs or bushes in a City easement area or sight triangle or on City-owned or managed property Site Address: Applicant Name: Address: City.: State: Zip: Day Phone: Cell-Phone: Proposed Planting Location (Check Box): Right-of--way Conservation Easement Park and Open Space Drainage & Utility Easement Type of Species Planting (Check Box): Species uantit Scientific Name) ? Hackberry (Celtic occidentalis} ? Thornless Honeylocust (Gleditisia triacanthos var. intermis) ? American Linden (Tilia americana var. Redmond) ? Freeman Maple (Ater x freemanii :7effersred') ? Discovery Elm (Ulmus davidiana var. japonica) ? Bur oak (Quercus macrocarpa) ? Red oak (Quercus rubra) ? Northern pin oak (Quercus ellipsoidalis} ? River birch (Betula nigra) ? Bitternut hickory (Carya cordiformis) ? Shagbark hickory (Carya ovata) ? Black walnut (Juglans nigra) ? Eastern white pine (Pinus strobes) ? White spruce (Picea glauca) ? Black Hills Spruce (Picea glauca var. densata) ? Eastern Redcedar (Juniperus vino niana) ? Other: Name and Quantity: PLEASE FILL OUT BACKSIDE OF APPLICATION j $ ACKNOWLEDGEMENT OF OWNER I hereby acknowledge the following: a) I have reviewed and understand the requirements of the Shakopee Tree, Shrub and Sush Planting and Placement Policy and Standards, the Shakopee Tree and Shrub Maintenance Standards, and the Shakopee Diseased Tree Removal Policy. b) I agree to install my permitted tree, shrub or bush in the approved location in accordance with these standards and policies. c) I agree to indemnify, defend and hold the City of Shakopee harmless with respect to any injury or property damage caused by my work within the easement area or on City property in connection with this permit. d) Pursuant to Section 7.18 of the City Code I understand that City staff may require that these items placed within an easement area be removed at my expense at any time, even these items that have been previously approved by the City and a permit has been issued. If I do not remove these items upon the request of the City or if an emergency. situation exists, I understand that the City may remove these items for me and may charge me for any removal expenses that are incurred. e) I also understand that if the items are required to be removed, the City is not required to compensate me for the costs of the items. The City is also not required to replace any of the items. Signature of Applicant Date RESIDENTS MUST CONTACT GOPHER ONE STATE PRIOR TO DIGGING OR PLANTING TO HAVE UNDERGROUND UTILITIES LOCATED 651-454-0002 - --1 Ot7"ice Use O~~h~: ~ ~ ~ j Puhlie ~~~vrla~"tppro~al 13~~: _ ____--Date:-- ~ '~~atural Resourecs Aphrt~l al E3~~:-- _ _ - _ - _-bate:-___- ~ - SI'UC .~1p~~ro~"al B~':- _ Date: ISPI i( ,E,~rc,;. A. lic'r mi;:c~1 h; f ti'~~li~: A`. il,; ~c '~.J~ur_! N, n~~si ~ Installation In~hection 8~~: Daie:____--__--- C~1'S Data C;ull~eted (C'i!~ele): (~"`'1t 1\c~l I (.I'S ~'ooriiinate~ Obrainc~l lCircle): f\~~~) I La[iiude: I.~~«~itade: i Shakopee Tree and Shrub Maintenance Standards The following standards shall apply to trees and shrubs in City owned property such as right-of--way and park and open space. In addition, the standards shall apply to private property trees during a state of emergency declared by the Mayor or City Council. Boulevard Trees and Public Lands The City of Shakopee will maintain all boulevard trees and public trees so as to not cause a hazard by trimming branches, pruning, etc. Trees that create hazards are those that are blocking street signs, traffic control devices or street lighting or have low hanging braches that cause hazards to vehicles or trucks such as garbage trucks, snowplows, fire trucks, etc. The City will maintain and trim branches so that there is a minimum of a nine foot clearance over sidewalks and a fifteen foot clearance over streets and alleys. Duties of Private Property Owners Any trees and shrubs that are located on private property, but overhang public rights-of- way such as alleys, sidewalks, trails, or streets, shall be trimmed to the same standards above by the property owner. If the property owner does not trim the- trees, the City shall notify the property owner in writing. If the trees are not trimmed within seven calendar days of receiving notice, the City will trim the trees with City crews at current hourly rates with a minimum one hour fee or with a City contractor and bill the property owner for the work. In no case will the City trim private trees that are not overhanging onto public property. .Storm Damage Any public trees that are damaged by storms will be maintained by the City, including picking up any tree branches that were blown down. The City will, to the extent possible under the current budget, attempt to replace public trees removed because of storm damage. Any private trees damaged or that have branches blown down due to a storm shall be maintained or disposed of by the property, owner, unless the City Council or Mayor declares a state of emergency. In that case, the City will provide assistance in picking up and disposing of storm damaged trees and branches for a specific length of time as determined by the Public Works Director. In these instances, the following requirements should be adhered to: a. The property owner should notify the City at least three days in advance of trees/branches needing pick up. b. Large tree pieces must be cut to 6 feet in length or less. 3 Shakopee Tree and Shrub Maintenance Standards c. Branches must be piled as follows: 1. All stems at the same end. 2. Stems pointing in the same direction as the flow of traffic. 3. Laid on the ground parallel to the curb. d. Trees and branches must be placed next to the curb, or edge of the street (not in the street and if possible, not on the sidewalk). e. City crews will not enter private property to pick up trees or branches. 323949v1 SJS SH155-23 2 Shakopee Tree, Shrub and Bush Planting and Placement Policy and Standards Tree, Shrub and Bush Planting and Placement Policy Pursuant to Section 7.18 of the City Code, no trees, shrubs or bushes are allowed to be planted or located within a City easement area (including utility easements and conservation easements) or sight triangle, except if written permission. has been granted by the City and the placement is in conformance with these Standards and the City's most recently adopted Easement Policy. In the event that the City grants permission to locate a tree, shrub or bush in its easement area or on its property, the following standards shall apply: 1. No tree, shrub or bush shall be planted or allowed to be located in City-owned or managed property or within a City easement area or sight triangle without first obtaining a permit from the City. The permit application is available at City Hall or on the City's web site: www.ci.shakopee.mn.us. The permit must be reviewed and approved by the City's Public Works Department and Park, Recreation, and Natural Resources Department. 2. The City will not issue a permit to plant or allow a tree, shrub or bush in a City easement area or sight triangle if the Public Works Director or his or her designee determines that it would likely cause a traffic hazard. 3. Under no circumstances will the City issue a permit to plant or allow a tree, shrub or bush in any sidewalk or trail easement. 4. Under no circumstances will the City issue a permit to plant or allow a tree to be placed directly on top of a water, sewer or other utility service line. The City will not issue a permit to plant or allow any trees, shrubs or bushes to be placed within two feet of the side and rear of any utility transformers, cabinets, or hydrants, or within eight feet of the front of any utility transformers, cabinets, or hydrants. 5. Under no circumstances will the City issue a permit to plant or allow a tree to be placed within a lot's front drainage and utility easements, street side easements of corner lots, or maintenance access easements. The City may permit trees to be placed within a lot's side and rear lot line easements if the easements do not contain any underground utilities and the tree does not obstruct drainage. 6. The City will not .issue a permit to permit a tree, shrub or bush to be planted or located within a sight triangle, with the"exception of low growing shrubs that are less than three feet high and. trees that have branches that are able to be trimmed so that they are higher than nine feet from the ground. 7. Upon issuance of the permit, the person planting the item shall have underground utilities located prior to digging or planting by calling Gopher State One at 651- 454-0002. 8. All trees shall be planted a minimum of 30 feet from another tree. J Shakopee Tree, Shrub and Bush Planting and Placement Policy and Standards Tree Standards Recommended Trees If the City issues a permit to plant a tree. within a City easement along a boulevard, the following tree species are recommended: Hackberry (Celtis occidentalis) Thornless Honeylocust (Gleditisia triacanthos var. intermis) American Linden (Tilia americans var. Redmond Freeman Maple (Ater x freemanii :Ieffersred Discovery Elm (Ulmus davidiana var. japonica) Ginkgo (male only) (Ginkgo biloba) If the City issues a permit to plant a tree within a City easement located in a backyard, the following tree species are recommended: Any of the recommended boulevard tree species above and: Bur oak (Quercus macrocarpa) Red oak (Quercus rubra) Northern pin oak (Quercus ellipsoidalis) River birch (Betula nigra) Bitternut hickory (Carya cordiformis) Shagbark hickory (Carya ousts) Black walnut (Juglans nigra) If the City issues a permit to plant a tree within a City easement to be used as a visual barrier, the following tree species are recommended: Any of the recommended boulevard or backyard tree species above and: Eastern white pine (Pinus strobes) White spruce (Picea glauca) Black Hills Spruce (Picea glauca var. densata) Eastern Redcedar (Juniperus virginiana) If the City issues a permit to plant a tree, shrub or bush within a natural resource corridor or conservation easement, the approved tree, shrub and bush species vary depending on the Minnesota Department of Natural Resources Natural Heritage description of the area. CALL GOPHER STATE ONE BEFORE YOU DIG TO HAVE UNDERGROUND UTILITIES LOCATED 651-45~-0002 323900v1 SJS SH155-23 2 V Shakopee Tree, Shrub and Bush Planting and Placement Policy and Standards Tree Planting Standards Mulching It is recommended that when planting a tree that mulch is applied around the base of the tree. Mulch helps a tree retain moisture, controls weeds, moderates soil temperature, and gives a nice appearance to the landscape. Most any organic material can be used as mulch, including shredded wood or bark, wood chips, pine needles, cocoa bean hulls, straw, ground corncobs, or any other available organic matter. To be effective, mulches should be applied so that when settled, the mulch is 3-4 inches deep. However, mulch should be pulled away from the trunk or stem of the tree. Mulch left against -the tree's bark can cause moisture buildup which can rot the bark and cause severe injury to the tree. The "volcano" of mulch around a tree's trunk should be avoided, and instead a "donut" of mulch should be applied. If using organic mulches, do not use a landscape fabric or plastic.. i ~ s~~~~ +4 ~ Turf f~~~lr~l~'k~ ~~alld ^'~~~r r~uf~h end tort ~ fr~~~t~i te~~ ~ , r~~~;~ tf~ U rl l ~ ~~~4 r 4 T EItIriC~ III i, It is important to keep mulch away from tree trunks to avoid retention of moisture against the wood and potential rot. Inorganic materials often used as mulch, such as landscape rocks, may also be used. However, rock tends to absorb heat during the day and release it at night, which can be stressful for plants. Also, a landscape plastic or fabric under the rocks will be needed to control weeds, which is not needed when using organic mulch. 323900v1 SJS SH155-23 3 Shakopee Tree, Shrub and Bush Planting and Placement Policy and Standards Tree Planting Standards Planting a Bare Root Tree Bare root trees are usually available only in early spring. These trees are dug from nurseries in late fall, and all soil is removed from their roots. They are held in climate controlled coolers over winter and sold bare root in spring. Bare root trees typically have a maximum 1 1 /2-inch trunk diameter. While bare root trees can be very economical, they can be highly perishable and it is very important that the roots never be allowed to dry out. When planting many bare root trees (five to ten or more), they should be ordered from the nursery ahead of time. Bare root trees are usually available only for a short time in spring (usually at the end of April or beginning of May in this area) so there is little flexibility for planting which is available with containerized or balled and burlapped trees. 4 ~ ~k ti-i .F,_-`- ~ 4 i ~ Z. ~ + ~ ~ti,~y ~ Lisp ~3 +~P .~sRle~ R4~k'~'n` 1 ~ ii { ' ~ ~ St r~~1VACa~ rft I p ~J' ~ r,~~~~~, - -r,.R ~ ~ ~4-- ~c ~ ~ R , ~p i~ ti~9rtk t b~^.~s~'itl; ~s~tut ~ ~ .1~ i nrlg~ of~:~i~~ca ~'rc If t;~ 5~ffre soil :~•bur~ irc52s. ~%Y ~ ~ ~ fl ti _ ~aat~. ~u~!dl+~ q~r~ How to plant a bare root tree Source: SULIShttp:/iwww.sz-astlczrr~.unzn.erlu/ina~lenaentillla~ating tree,s.latn7l Please note that not all trees require staking to stabilize the trees. Contact your local forester or arborist for advice. 323900v1 SJS SH155-23 4 Shakopee Tree, Shrub and Bush Planting and Placement Policy and Standards Tree Planting Standards Planting aContainer-Grown Tree Container-grown trees are sold in a variety of different sized pots. The pots may be plastic, paper mache, or wooden "bushel baskets." In some cases, the tree had been growing in the container since it was a seedling; in others, it was planted in the container as a bare root tree. These trees are available throughout the growing season, and can be held in the containers for quite some time, allowing for more flexibility in planting. ~ W A ~!W ~ ~ i~ .4^ _ r#t~~1 ire; r~s~Yi1 ~~~has Shs~.~afrac a 'tt ;rg '~q, ~ I ~ t ~ ~ m a j F arr~t rer3rit t~':k~; A6, - ~t~ vtef~ 10 ~t11c ba karu nd ~ I _ - '~,raw^et R,sbl1 Ealtr~` m?i~+ra frra-eartE3irasr i 4YIkh t~if%1CFk:X ~SS~?tS. A 4ritJt !f ~g pr~+~rot ~8ttlg How to plant acontainer-grown tree Source.• SULIShttp:/fwww.su,stlancl.umn.edu/implement/ In anting trees.html Please note that not all trees require staking to stabilize the trees. Contact your local forester or arborist for advice. 323900v1 SJS SH155-23 5 Shakopee Tree, Shrub and Bush Planting and Placement Policy and Standards Tree Planting Standards Planting a Balled and Burlapped Tree Balled and burlapped trees are trees that are dug with the soil around the roots (root ball) intact. That root ball is wrapped iri burlap and enclosed in a wire basket which is tied around the trunk. Balled and burlapped trees cost more than bare root stock, but they are typically available throughout the growing season. Larger diameter trees are usually sold this way rather than as bare root or containerized. The root ball of a balled and burlapped trees can dry out very easily, so when choosing a tree, make sure that it is well mulched and does not look dry or otherwise stressed, be certain to keep the root ball moist until it is planted and, if possible, remove the burlap. , `"-'`-i = . : 3!, i ~ Rat ~~r~ft '~ritt~ckrfl~n~ rl # ~ .,....i- -'...4~_;~.'~'7,+~, Wirer ~u~tl1@d i~id marts. f~ ,~r k tla~~ ~~i rc~r#s r~ 6' bcar(~~a ~a'i rat f• ~ het ~~it t]r~ f rt~ly Sul tro tar~rrt i How to plant a B B tree Source: SULIS htt_p: /lwww. rustlnnd. unzn. eciu/ifnple~nent/plantit~~ trees.htinl Planting information was obtained from http://u~~-w.sustland.ulr~n.edu/:~naint/trecs.html Please note that not all trees require staking to stabilize the trees. Contact your local forester or arborist for advice. 323900v1 SJS SH155-23 6 Shakopee Diseased Tree Removal Policy The following policies shall apply to trees removed in accordance with City Code § 10.70, Shade Tree Disease Control and Prevention. Control Areas In accordance with state law, the City of Shakopee has designated the populated areas of the City as the areas where the diseased tree program will be strictly enforced. The control area consists of the developed areas of the City including any scattered subdivisions. In areas outside of the control areas, the diseased tree program will be strictly enforced by the City only in those areas within'/4 mile of non-farm homesteads. Public Trees The City will remove trees located on public property which are infected with Dutch Elm, Oak Wilt Disease or all other diseases which cause the trees to die. The City will remove these .trees as quickly as possible. This includes trees located on .street boulevards and in City park areas. Anyone finding a tree on public property which appears to be diseased but which has not been marked for removal should report the tree to the City. Private Trees The removal of diseased trees from private property is the responsibility of the property owner, however the City does provides several methods by which the trees can be removed by the City and the removal paid for by the property owner, as follows: A. Property Owner Removal 1. In non-emergency situations, a private property owner must remove and dispose of a diseased tree in an appropriate manner no later than twenty days from the date of the mailing of the notice requiring removal. 2. If it is found by the City that the diseased tree could infect other trees and the danger is imminent, a private property owner, must remove and dispose of the diseased tree in an appropriate manner no later than five days from the date of the mailing of the notice. 3. If it is found by the City that the diseased tree could infect other trees and that immediate action is required to prevent the spread of disease, the City may immediately remove the diseased tree. The City should attempt to notify the property owner prior to removal of the tree. 323947v1 SJS SH155-23 1' Shakopee Diseased Tree Removal Policy B. City Removal of Private Trees Involuntary Removal The City has authority to remove diseased trees from private property if the property owner does not comply with the City's removal orders. The City will follow the notice and hearing requirements in Section 10.70 of the City Code with respect to the removal process. Removal Requests At any time, a property owner may request that the City remove a diseased tree from his or her property. The property owner will be responsible for paying the City for its costs of removal. In order for the City to remove the tree, the City's Public Works Director must determine that circumstances dictate the City removal of the tree. The City will only grant removal requests from properties containing diseased trees that are zoned residential or used for residential purposes and are less than five acres in size. If the property owner's request is approved by the Public Works Director, the property owner must complete a removal request form and sign an assessment waiver agreement. These forms must be signed and returned to the City before removal will occur. Pa~nent for Costs for City Removal of Private Trees All costs associated with removing the trees will be billed to the property owner and if not paid within 30 days, the costs will be assessed against the property as a special assessment. The special assessment will be .payable in one year unless more than four trees are removed. If more than four trees are removed, the special assessment may be payable over a period of five years. Reforestation The City will, to the extent possible under the current budget, attempt to replace boulevard and park trees removed because of disease by planting new trees. Stump Removal -Public Trees Once a year the City will bid out and hire a contractor to grind or remove all stumps remaining on boulevards or other public areas. The City will not remove or grind out stumps for private trees, but rather this is the property owner's responsibility. 323947v1 SJS SH155-23 2 I~ Yt Resolution No. 3923 A Resolution Adopting IIniform Standards Relating to Tree and Shrub Control as Pravi.ded by Section 7.05 of the Shakopee City Code WHEREAS, Section 7.05 of the Shakopee City Code indicates that the City shall have control and supervision of all trees or shrubs within public right-af-ways or on public lands and may establish and enforce uniform standards relative to tree and shrub control,. and •~SWHEREAS, Such standards shall be kept on file in the office of the City Administrator and shall be made available to the public. NOW, THEREFORE IT BE RESOLVED that the City Council of Shakopee hereby adopts the attached standards for tree and shrub control as listed below: 1. Tree/shrub maintenance standard. 2. Tree/shrub planting standards. 3. Diseased tree removal policy. NOW, THEREFORE BE IT RESOLVED that Resolutions No. 1857 and 2087 and Administrative policies No. 38 and 57 are hereby repealed. Adopted in session of the Shakopee City Council held the n?1'~ day of ~~QM--~,~ , 1993. Mayor of Ci y of Shakopee Attest , Cit Clerk Approved as to form this day of , 1993. City Attorney • t.:;~ GT r.,~ f a_ ~.h• .t~' CITY OF SHAKOPEE TREE/SHRUB MAINTENANCE STANDARDS Boulevard Trees and Public Lands The City of Shakopee will maintain all boulevard trees and public trees so as to not cause a hazard by trimming branches, pruning, etc. Trees that create hazards are those that are blacking street signs, traffic control devices or street lighting, low hanging branches that cause a pedestrian hazards or low hanging branches that cause hazards to vehicles or trucks such as garbage trucks, •.snowplows, etc. All tree branches will be kept a minimum of 9 feet over sidewalks and 12 feet over streets and alleys. Duties of Private Prot~erty Owners Any trees that are located on private property, but overhang public rights-of-way such as alleys or streets, shall be trimmed to the same standards above by the property owner. If the property owner does not trim the trees, the City shall notify the property owner to trim the branches. If the trees are not trimmed within 7 calendar days of receiving notice the City will trim the trees with City crews and bill the property owner for the work based on the current hourly rates. In no case will the City trim private trees that are not overhanging onto public property. Storm Damacte Any public trees that are damaged by storms will be maintained by the City,. including picking up all tree branches blown down. Any private trees damaged or branches blown down due to storms shall be maintained or disposed of by the property owner, unless the City Council oz Mayor declares a state of emergency. In that case, the City will-provide assistance in picking up and disposing of storm damaged trees and branches. i f J CITY OF SHAKOPEE TREEISHRUB PLANTING STANDARDS 1. No tree or other vegetation shall be planted, placed or allowed to remain in a position which the Public Works Director determines to be or likely cause a traffic hazard. 2. No tree or other vegetation be planted within City right-of- way without a permit, which is issued by the City Engineering Department. •..:3. None of the following trees are allowed to be planted in the City right-of-way: A11 Elms Red and Pin Oaks Cottonwoods Box Elder 4. No trees shall be planted in present or future sidewalk right- - of-way. 5. Trees should not be planted closer than: a. 15 feet from side yard property line. b. 30 feet from property line on corner lot. c. Trees should be planted at least 30 feet apart from each other. 6. Caution should be exercised not to plant a tree directly on tap of water shutoff and sewer service lines. 7. No trees or vegetation shall be planted within the sight triangle of two intersecting streets, which is defined as 30 feet from each curbline. The only exceptions would be low growing shrubs that are less than 3 feet high or trees that have all branches trimmed higher than 9 feet from the ground as approved by the City Engineering Department. f CITY OF SHAKOPEE DISEASED TREE REMOVAL POLICIES CONTROL AREAS In accordance with state law, the City of Shakopee has designated the populated areas of the City as the areas where the diseased tree program will be enforced. A map is available in City Hall designating the control ayes. Basically, the control area is all of the built up areas of Shakopee including all of the scattered subdivisions. ~.,;In nan-residential areas the control program will apply only to those. areas within 1/4 mile of non-farm homesteads. Final determination of whether any area is included or not will be made by the City Administrator if a question arises. PUBLIC TREES The City of Shakopee will remove, as quickly as possible, all diseased trees located on public property. This includes trees located on street boulevards and in City park areas. Anyone finding a tree on public property which appears to be diseased but which has not been marked,. should report the tree to the City. The City will remove public trees which are infected with Dutch Elm, oak Wilt Disease or all other diseases which cause the trees to die. PRIVATE TREES The removal of diseased trees from private property is the responsibility of the property owner, however the .City does provides several methods by which the trees can be removed by the City and the removal paid for by the property owner, as follows: A. Property Owner Removal 1. A property owner may remove a diseased tree or hire a private contractor and dispose of the tree and branches in an appropriate manner within the allowed 20 day period after the tree has been marked and the owner notified. 2. A property owner may remove a diseased tree or hire a private contractor to take the tree down and place it along the curb (not in the street) and the City will pick up the tree and remove it. For this service the following requirements must be meet. a. Only trees. with Dutch Elm or Oak Wilt will be picked up by the City. Other types of trees will not be removed. l~ - b. The Public Works Department (445-2211) must be notified three days in advance to a1.Iow them to schedule the tree pick up on a timely basis. c. Large tree pieces must be cut to 6 feet lengths or less. d. Branches must be piled uniformly with stems at one end. e. Trees must be placed next to the curb, or edge. of street, not in the street and if possible not on the sidewalk. The City crews will not go on private property to pick up trees. ~B: City Removal of Private Trees The City will not remove diseased trees on private property unless extenuating circumstances would require it. If the Public Works Director determines that circumstances dictate the City removal of private trees, the property owner must request the City of Shakopee to remove a diseased tree. To do this, the property owner must complete the appropriate forms requesting removal and waiving their right to a public hearing for assessing purposes. These forms must be returned to the City as soon as possible and in no case after the 20 day removal period has elapsed. The City can remove trees from private property only if the property is zoned residential or used for residential purposes and only if the property is less than 5 acres. PAYMENT OF COSTS FOR CITY REMOVAL OF PRIVATE TREES AlI costs associated with removing the trees will be billed to the property owner and if not paid within 30 days .the property owner will be assessed the total cost of the removal. The assessment will be totally due in one year unless the property owner has mare than four trees removed. If mare than four trees are removed the assessment may be spread over five years. REFORESTATION The City will, to the extent possible under the current budget attempt to replace boulevard and park trees removed because of disease by planting new trees. The reforestation program typically takes place in the fall. STUMP REMOVAL - PUBLIC TREES Once a year the City will bid out and hire a contractor to grind or remove all stumps remaining on boulevards or other public areas. The City will not remove or grind out stumps far private trees, but rather this is the property owners responsibility.