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HomeMy WebLinkAbout1992-04 02-24 CCO CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 24th day of February 19 92, at 7:15 p.m. at City Hall, 6301 Shingle Creek Parkway, to consider An Ordinance Adding Chapter 20 Regarding Trees. Auxiliary aids for handicapped persons are available upon request as least 96 hours in advance. Please contact the Personnel Coordinator at 569 -3300 to make arrangements. ORDINANCE NO. 92 -04 AN ORDINANCE ADDING CHAPTER 20 REGARDING TREES TO THE CITY ORDINANCES THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 20 is hereby added to the City Ordinances with language as follows: CHAPTER 20 TREES Section 20 -100. PURPOSE. The purpose of this ordinance is to establish policies to protect and enhance the Citv of Brooklvn Center's urban forest. to the extent found by the Citv Council to be practical within available financial and staff resources. Section 20 -101. MANAGEMENT. The director of public works or designee shall be responsible for developing policies regarding the care. preservation. planting. replantin_4, removal, or disposition of trees and shrubs in parks. in the public right of way, alon trails. and in other public areas. and for developing an annual tree planting and maintenance plan. Section 20 -102. DEFINITIONS. The language set forth in this ordinance shall be interpreted in accordance with the following definitions. Boulevard. The area between the edge of the street or the back of the curb where curb and gutter exist and the property line. Public tree. Anv tree or shrub located in anv park. public right of way. trail. or other public space. Public space. Includes but is not limited to the grounds of public buildings: designated open space: citv owned property: street. alley. and trail rights of way. ORDINANCE NO. 92 -04 CARE AND MAINTENANCE OF TREES Section 20 -200. PUBLIC TREE CARE IN GENERAL. Subdivision 1. Care of Trees in Public Areas. The Citv shall have the right to plant. Drune. maintain, and remove trees. plants. and shrubs in Darks. in the public right of way. along trails. and in other Dublic areas. as may be necessary or desirable to protect public safety or to Dreserve or enhance the svmmetry and beautv of such public grounds. Subdivision 2. Removal of Unsafe Trees. The Citv may remove or cause or order to be removed anv tree or part thereof which is in an unsafe condition or which by reason of its nature or location is iniurious to sewers. electric Dower lines gas lines, water lines or other Dublic imDrovements. or is affected with anv iniurious fungus. insect, or other Dest. Subdivision 3. Planting Boulevard Trees. No tree may be planted on the boulevard except by permit obtained from the director of Dublic works or designee. The City may move, remove, or trim or cause or order to be moved. removed. or trimmed anv boulevard tree not planted by Dermit. or anv boulevard tree which is not in compliance with this code. This section does not prohibit the planting of boulevard trees by adiacent DroDerty owners Drovidina the selection, location. and care of said trees are in accordance with the Drovisions of this code. Section 20 -201. TREE TRIMMING. The City have the authority to trim trees in Darks and other Dublic spaces. The Citv shall have the authority to trim boulevard trees, as.needed._ to allow the movement of the tallest Dieces of street maintenance equipment alon the streets. The DroDerty owner shall be responsible for aesthetic trimmin for trimming on anv corner lot which is necessary to allow visibility at intersections in the sight triangle bounded by the DroDerty lines of said lot and a straight line ioining Doints on such DroDerty lines 25 feet from their intersection of the DroDerty lines. Dursuant to Section 35 -560 of this code: for trimming of anv tree or shrub which is necessary to maintain adeouate sightlines for vehicles. bicvcles. and Dedestrians: and for anv other trimming not specifically_ assigned to the Citv in this section. Section 20 -202. PRUNING AND REMOVAL OF DEAD BRANCHES AND TREES. Every owner of anv tree within the Citv shall prune the branches so as to remove all dead. diseased, dangerous. or broken or decaved limbs. Anv standing dead or fallen tree is herebv declared a public nuisance for Durposes of sections 19 -101 through 19 -106 of this code. Anv such tree shall be removed and disposed of DromDtly by the owner. or in the case of boulevard trees by the adiacent DroDerty owner. Standing and fallen dead trees located in Dublic -owned nature areas or open spaces shall be removed at the discretion of the director of Dublic works or designee. Section 20 -203. STORM DAMAGE. The Citv shall be responsible for cleanup of downed or broken limbs or otherwise storm damaged boulevard trees. The adiacent DroDerty owner is responsible for stump removal. Section 20 -204. STUMP REMOVAL. All boulevard stumps shall be removed four inches below the surface of the ground so that the toD of the stump shall not ORDINANCE NO. 92 -04 Droiect above the surface of the ground. Section 20 -205. ABUSE OR MUTILATION OF TREES. No Derson shall intentionally damage. cut. carve, tranSDlant, or remove any public tree: attach anv rove. wire nails. advertising Rosters. or other contrivances to anv Dublic tree: allow anv gaseous. liouid, or solid substance which is harmful to such trees to come into contact with them: or set anv fire or hermit anv fire to burn when such fire or the heat thereof will iniure anv Dortion of the tree: or to direct or authorize such activitv or circumstance. Section 20 -206. PRESERVATION STANDARDS. No Excavation Permit. Building Permit. Plat ADDroval. Site Plan ADDroval. or other relevant Permit or ADDroval may be granted until the director of Dublic works or designee determines that the existing trees are adequately protected and Dreserved. Onlv adeauatelv Drotected and Dreserved trees may be considered as Droviding credit toward site landscaping reouirements for certain tv_oes of develODment detailed in ChaDter 35 of this code. DETECTION AND CONTROL OF TREE DISEASES Section 20 -306. CITY COST PARTICIPATION. The Citv shall Dav 50 percent of the cost of removal of diseased boulevard trees. Drovided such removal is conducted under the Citv's annual Diseased Tree Removal contract. PLANTING OF TREES Section 20 -400. DISTANCE FROM EDGE OF STREET OR SIDEWALK. Where there is no sidewalk. no tree may be Dlanted closer than eight feet from the edge of the street. or from the back of the curb where curb and gutter have been installed. Where there is a sidewalk and the boulevard is greater than twelve feet wide. boulevard trees are Dermitted Drovided they_ are Dlanted no closer than six feet from the edge of the street or from the back of the curb. and no closer than three feet from the edge of the sidewalk. Where there is a sidewalk and the boulevard is between six and twelve feet wide. boulevard trees are Dermitted Drovided thev are planted in the middle of the boulevard. Where there is a sidewalk and the boulevard is less than six feet wide. no boulevard trees may be Dlanted. Anv trees Dlanted within sidewalks must be Dlanted utilizing tree grates. Such sidewalk Dlanting is subiect to design details approved by the director of Dublic works. No tree may be Dlanted closer than four feet from the edge of the sidewalk on the side ODDOSite the street. Section 20 -401. UTILITIES. No boulevard trees other than those which may attain a maximum height of 25 feet or less at maturity may be Dlanted under or within 10 lateral feet of anv overhead utilitv wire. No boulevard tree may be Dlanted over or within 5 lateral feet of anv underground water line. sewer line. transmission line. or other utilitv. Section 20 -402. RECOMMENDED TREE SPECIES. The Citv Dromotes a diverse urban ORDINANCE NO. 92 -04 forest so as to minimize the spread of tree disease. To assist in meeting, this goal. the Citv Council shall annuallv adopt a resolution designating allowable boulevard tree species. REGISTRATION OF TREE TRIMMERS /REMOVERS Section 20 -501. REGISTRATION REOUIRED. It shall be unlawful for anv individual. uartnershiD. or corporation to conduct as a business the cutting. trimming. pruning. removing. spraving. or otherwise treating of trees or shrubs in the Citv without first having_ secured a re from the Citv_ to conduct such business. Application for the registration is made through the Citv Clerk or designee. Registration will be granted upon proof that the aDDlicant meets the requirements of section 20 -502. The annual fee for registration is set by Council resolution from time to time. The registration expires annuallv on December 31. Registration is not transferable. The registration fee must be paid to the clerk at the time of application. The registration fee will not be prorated. Section 20 -502. REGISTRATION REOUIREMENTS. The applicant must file with the clerk a certificate of insurance showing the applicant has purchased public liabilitv and worker's compensation insurance which will remain in effect for the term of the registration, and that the insurance will not be canceled without 10 days notice to the Citv. The policv or policies of public liability insurance shall provide public liability coverage to the applicant in the amount of 5100.000 for bodilv iniury to or death of one person Der occurrence. 5300.000 because of bodilv iniury to or death of more than one person or occurrence. and 5100.000 property damage coverage per occurrence. and shall name the Citv as an additional insured. Section 2. Sections 19 -1501 through 19 -1505 are hereby renumbered 20- 301 _through 20 -305. Section 3. Section 19 -1506 is hereby renumbered 20 -900. Section 4. This ordinance shall become effective after publication and thirty (30) days following its adoption. Adopted this 24th day of February 1992 Mayor ATTEST: Deputy City Clerk Date of Publication February 5, 1992 Effective Date March 6, 1992 (Brackets indicate matter to be deleted, underline indicates new matter.)