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Home My WebLink AboutTree/Ordinance - Planting Trees on the BoulevardsPlanting Tives on Boulevards cacn year the city receives inquiries rom residents about whether or not they can plant trees a ong the streets in the boulevard right-of-way. The city -owned right-of-way usually extends approximately 14 feet beyond the curb and gutter; therefore, residents desiring to plant in this area need to get City approval (residents without curb and gutter should contact the Engineering Department (430-8830), for specific information). There are many things to consider when planting trees near the street: width of the boulevard strip between the curb and the sidewalk, underground and overhead utilities, snow removal, sand and de- icing salts, vehicle clearance and characteristics of the tree species. The following are some guidelines for planting trees In the boulevard right-of-way. ;Situation Suggested Tree Species boulevard width under 4 feet no trees no treesbou;levard width 4 feet to 6 feet only ornamental trees such a boulevard width 6 feet to 8 feet boulevard width over 8 feet boulevard with no sidewalk under overhead power lines within 30 feet of stop signs s. flowering crabapple Japanese tree lilac thornless Cockspur hawthorn mountain ash ornamental trees or shade trees such as: ash hackberry thornless honeylocust ginkgo (male, no fruit) buckeye ornamental trees or shade trees such as: basswood (linden) oak. red maple ornamental or shade trees planted at least 5 feet In from the curb or edge of street normally not recommended (possible exception: ornamental trees with a mature height of less than 20 feet) no trees Obviously the wider the boulevard area, the better a tree will grow and the less it will Interfere with sidewalks, curbing and vehicle traffic. Poor choices on planting locations can result in tree damage or substandard growth. Trees planted too close to sidewalks can cause damage that could result in repair costs to the resident. Trees growing in the boulevard right-of-way should not block the view of intersections or stop signs or interfere with power lines. When such situations occur, they could result In tree trimming or removal. Before digging, have the location of underground utilities checked by calling Gopher State One Call, (651) 454-0002. Trees which do not make good boulevard trees are those with smelly or messy fruits, fast-growing, deciduous trees such as silver maple, cottonwood, and evergreens. If you are Interested in putting a boulevard tree in the right-of-way along your street, be sure to get City approval before planting. Call the Engineering Dept. at 4308830 before you plant. If you are a Stillwater resident and have a question about your trees, please call Kathy Widin, Forestry Consultant at 430-8765. Getting Ready to Rake That Lawn? The State of Minnesota banned leaves, grass clippings and brush from going to landfills and processing facilities in 1990. Yard waste must not be mixed with regular garbage and needs to be collected separately. Here are some options for disposing of your yard waste: • Do not catch grass clippings while mowing. leave the short clippings on the lawn to conserve soil moisture and return nutrients to the soil. This requires less frequent fertilizing. Grass clippings can also help maintain a healthier lawn by encouraging growth (because the soil temperature is cooler) and reducing lawn wear (because a cushioning layer is created.) • Mulch leaves and grass and leave them on your lawn, • Backyard composting yields a rich humus that can beused for flower and vegetable gardens, or added to lawns and around trees. Contact Washington County Public Health Department at 430-6655 for more information about composting. • Bag leaves or grass clippings in plastic or paper bags for pickup at curbside. Be sure to place them separately from your regulargarbage. • Tree branches and brush must be bundled and not exceed 4 feet in length or 35 pounds per bundle for pickup. Yard waste picked up by the City's residential hauler, Waste Management, is composted, Planting Trees on Boulevards Each year the City receives inquiries from residents about whether or not they can plant trees along the streets in the boulevard right-of-way. The city -owned right-of-way usually extends approximately 14 feet beyond the curb and gutter; therefore, residents desiring to plant in this area need to get City approval (residents without curb and gutter should contact the Engineering Department (430-8830), for specific information). There are many things to consider when planting trees near the street: width of the boulevard strip between the curb and the sidewalk, underground and overhead utilities, snow removal, sand and de- icing salts, vehicle clearance and characteristics of the tree species. The following are some guidelines for planting trees in the boulevard right-of-way. Situation Suggested Tree Species boulevard width under 4 feet no trees no treesboulevard width 4 feet to 6 feet only ornamental trees such as: boulevard width 6 feet to 8 feet boulevard width over 8 feet boulevard with no sidewalk under overhead power lines within 30 feet of stop signs flowering crabapple Japanese tree lilac thornless Cockspur hawthorn mountain ash ornamental trees or shade trees such as: ash hackberry thornless honeylocust ginkgo (male, no fruit) buckeye ornamental trees or shade trees such as: basswood (linden) oak red maple ornamental or shade trees planted at least 5 feet in from the curb or edge of street normally not recommended (possible exception: ornamental trees with a mature height of less than 20 feet) no trees Obviously the wider the boulevard area, the better a tree will grow and the less it will interfere with sidewalks, curbing and vehicle traffic. Poor choices on planting locations can result in tree damage or substandard growth. Trees planted too close to sidewalks can cause damage that could result in repair costs to the resident. Trees growing in the boulevard right-of-way should not block the view of intersections or stop signs or interfere with power lines. When such situations occur, they could result in tree trimming or removal. Before digging, have the location of underground utilities checked by calling Gopher State One Call, (651) 454-0002. Trees which do not make good boulevard trees are those with smelly or messy fruits, fast-growing, deciduous trees such as silver maple, cottonwood, and evergreens. If you are interested in putting a boulevard tree in the right-of-way along your street, be sure to get City approval before planting. Call the Engineering Dept. at 430-8830 before you plant. If you are a Stillwater resident and have a question about your trees, please call Kathy Widin, Forestry Consultant at 430-8765. x `ening Ready to Rake That Lawn? The State of Minnesota banned leaves, grass clippings and brush from going to landfills and processing facilities in 1990. Yard waste must not be mixed with regular garbage and needs to be collected separately. Here are some options for disposing of your yard waste: • Do not catch grass clippings while mowing. Leave the short clippings on the lawn to conserve soil moisture and return nutrients to the soil. This requires less frequent fertilizing. Grass clippings can also help maintain a healthier lawn by encouraging growth (because the soil temperature is cooler) and reducing lawn wear (because a cushioning layer is created.) • Mulch leaves and grass and leave them on your lawn. • Backyard composting yields a rich humus that can be used for flower and vegetable gardens, or added to lawns and around trees. Contact Washington County Public Health Department at 430-6655 for more information about composting. • Bag leaves or grass clippings in plastic or paper bags for pickup at curbside. Be sure to place them separately from your regular garbage. • Tree branches and brush must be bundled and not exceed 4 feet in length or 35 pounds per bundle for pickup. • Yard waste picked up by the City's residential hauler, Waste Management, is composted. Planting Trees on Boulevards Each year the City receives inquiries from residents about whether or not they can plant trees along the streets in the boulevard right-of-way. The city-owned right-of-way usually extends approximately 14 feet beyond the curb and gutter; therefore, residents desiring to plant in this area need to get City approval (residents without curb and gutter should contact the Engineering Department (430-8830), for specific information). There are many things to consider when planting trees near the street: width of the boulevard strip between the curb and the sidewalk, underground and overhead utilities, snow removal, sand and de- icing salts, vehicle clearance and characteristics of the tree species. The following are some guidelines for planting trees in the boulevard right-of-way. Situation Suggested Tree Species boulevard width under4feet no trees sboulevard width 4 feet to 6 feet only ornamental trees such as: boulevard width 6 feet to 8 feet boulevard width over 8 feet boulevard with no sidewalk under overhead power lines within 30 feet of stop signs flowering crabapple Japanese tree lilac thornless Cockspur hawthorn mountain ash ornamental trees or shade trees such as: ash hackberry thornless honeylocust ginkgo (male, no fruit) buckeye ornamental trees or shade trees such as: basswood (linden) oak red maple ornamental or shade trees planted at least 5 feet in from the curb or edge of street normally not recommended (possible exception: ornamental trees with a mature height of less than 20 feet) no trees Obviously the wider the boulevard area, the better a tree will grow and the less it will interfere with sidewalks, curbing and vehicle traffic. Poor choices on planting locations can result in tree damage or substandard growth. Trees planted too close to sidewalks can cause damage that could result in repair costs to the resident. Trees growing in the boulevard right-of-way should not block the view of intersections or stop signs or interfere with power lines. When such situations occur, they could result In tree trimming or removal. Before digging, have the location of underground utillties checked by calling Gopher State One Call, (651) 454-0002. Trees which do not make good boulevard trees are those with smelly or messy fruits, fast-growing, deciduous trees such as silver maple, cottonwood, and evergreens. If you are Interested in putting a boulevard tree in the right-of-way along your street, be sure to get City approval before planting. Call the Engineering Dept. at 430-8830 before you plant. If you are a Stillwater resident and have a question about your trees, please call Kathy Widin, Forestry Consultant at 430-8765. �•� Getting Ready to Rake That Lawn? .rw - w rrn�� - rw+ �.• The State of Minnesota banned leaves, grass clippings and brush from going to landfills and processing facilities in 1990. Yard waste must not be mixed with regular garbage and needs to be collected separately. Here are some options for disposing of your yard waste: • Do not catch grass clippings while mowing. leave the short clippings on the lawn to conserve soil moisture and return nutrients to the soil. This requires less frequent fertilizing. Grass clippings can also help maintain a healthier lawn by encouraging growth (because the soil temperature is cooter) and reducing lawn wear (because a cushioning layer is created.) • Mulch leaves and grass and leave them on your lawn. • Backyard composting yields a rich humus that can be,used for flower and vegetable gardens, or added to lawns and arounc trees. Contact Washington County Public Health Department at 430-6655 for more Information about composting. • Bag leaves or grass clippings in plastic or paper bags for pickup at curbside. Be sure to place them separately from you regulargarbage. • Tree branches and brush must be bundled and not exceed 4 feet In length or 35 pounds per bundle for pickup. • Yard waste picked up by the City's residential hauler, Waste Management, is composted. § 24-1 STILLWATER CODE issuance of an excavation permit or the comple- tion of a contract for the installation of city underground installations. (Code 1980, § 24.01; Ord. No. 661, 5-5-87) Sec. 24-2. Numbering for dwelling homes and buildings. Subd. 1. Uniform numbering system. There is hereby created and established a uniform system of numbering properties and principal buildings in the city, referred to in this section as the "uniform numbering system." Subd. 2. Assigning of numbers. All properties or principal buildings within the city shall be allotted numbers in accordance with the following numbering system: (1) The city shall be numbered with 100 numbers per block. (2) Odd numbers shall be assigned on the east and south sides of the streets and even numbers shall be assigned on the west and north sides of the streets. Subd. 3. Type and placement of numbers. Each principal building shall bear the number assigned to the frontage on which the front entrance is located. In case a principal building is occupied by more than one business or family dwelling unit, each front entrance of such principal building shall bear a separate number. Numerals indicat- ing the official numbers for each principal build- ing shall be reflectorized, a minimum of three inches in height, shall be posted at least five feet from the threshold on a building surface and placed in such a manner as to be visible from the street on which the property is located. If there is a main entrance visible from the street, the num- bers shall be placed within two feet of that en- trance. Subd. 4. Administration. At the time of sub- mitting a preliminary plat or plan or application for building permits, the applicant shall submit a building numbering plan for review by the plan- ning commission of the city. The city building official shall keep an up-to-date record of all numbers assigned under this section. The city building official shall assign, to any property owner in the city upon request, a number for each principal building or separate front entrance to such building. In doing so, he shall assign only those numbers assigned under the provisions of this section; provided, however, that he may as- sign additional numbers in accordance with the uniform system adopted in this section whenever the property has been subdivided, a new front entrance opened or undue hardship has been worked on any property owner. Subd. 5. Penalties for violation of section. Vio- lations of this section shall be a petty misde- meanor. (Code 1980, § 24.03) Sec. 24-3. Planting and care of trees in pub- lic places. Subd. 1. No person shall plant any trees within the limits of any street, public ground or highway of the city without first obtaining a permit from the city. Subd. 2. Anyone wishing to plant such trees shall apply to the city for a permit, stating the variety and precise location proposed for each tree. After the receipt of an application the city shall investigate the place where the tree is to be planted and shall grant a permit only if the location will permit the normal growth and devel- opment of the tree. The permit shall specify the location, variety and grade of each tree and method of planting, including among other things, the supply of suitable soil. No charge shall be made for the permit, and no trees shall be planted except in accordance with its terms. The specifi- cations of the permit shall secure the suitable location, planting and growing of each tree. (Code 1980, § 24.07) Secs. 24-4-24-24. Reserved. ARTICLE II. RIGHT-OF-WAY MANAGEMENT Sec. 24-25. Findings, purpose, and intent. This article shall be interpreted consistently with 1997 Session Laws, Chapter 123, substan- tially codified in Minn. Stat. §§ 237.16, 237.162, 237.163, 237.79, 237.81, and 238.086 (the "Act") Supp. No. 7 CD24:4 § 31-5 STILLWATER CODE 5. All roads and paved surfaces are dead, diseased or pose safety must be set back ten feet from hazards and vegetation alter - the top of the slopes greater ation necessary for the mainte- than 24 percent. nance or construction of public 6. Structures located in slopes utilities. greater than 24 percent in cora- Subd. 3. Tree protection. mercial districts require aeon- (1) Findings and purpose. The City of ditional use permit. Stillwater finds that preservation of trees Driveway design standards. and woodlands within the city enhances 1. Driveways must be designed to the health, safety and welfare of the citi- conform with existing contours zens; that development within the City to the maximum extent feasi- has the effect of reducing and in some ble. cases eliminating wooded areas, which, if preserved and maintained, serve impor- 2. Driveways must enter streets tant ecological, recreational and aesthetic so as to maintain adequate line benefit to existing and future residents. of sight. Therefore, the purposes of this subdivi- 3. Driveways may have a maxi- sion are the following: To preserve wood - mum grade of 12 percent. lands and trees on individual sites; pro - Vegetation alterations. Vegetation al- tett the safety of such residents by teration in ravines, along bluffs and preventing wind and water erosion, slope on slopes greaser that 24 percent as instability and rapid runoff; promote the measured over a horizontal distance health of such residents by absorption of of 50 feet are subject to the following air pollutants, contaminants and noise; and protect the welfare of residents by standards: increasing rainfall infiltration to the wa- 1. Selective removal of natural veg- ter table; provide a diversified environ- etatioa is allowed, provided suf- ment for many kinds of animals and plants ficient vegetative cover remains necessary for wildlife maintenance and to screen vehicles, dwellings and important to the aesthetic values and other structures. recreational requirements of the area; and 2. No cutting or removal of trees promote energy conservation by providing over six inches in diameter mea- shade in the summer and windbreak in sured at a point 54 inches above the winter. ground level within the re- (2) District boundaries. The tree protection quired building setback is per- regulations apply to all zoning districts mitted unless the trees are dead within the city. or diseased. A certificate of com- pliance must be obtained prior (3) Definitions. The following words when to the removal of any trees on used in this subdivision shall have the steep slopes. meanings ascribed to them in this subsec- tion, except where the context clearly dic- 3. Natural vegetation must be re- tates a different meaning: stored as soon as feasible after any construction project is com- a. Clear cutting means removal of all or pleted in order to retard sur- substantially all of a stand of trees face runoff and soil erosion. in one cutting. 4. The provisions of this subset- b. Crown cover means the ratio be - tion do not apply to the removal tween the amount of land shaded by of trees, limbs or branches that the vertical protection of the branches Supp. No. 7 CD31:128 ZONING and foliage area of standing trees to the total area of land, usually ex- pressed as a percentage. C. dbh means the diameter at breast height of a tree measured at a point approximately 54 inches above ground. d. Development means the construc- tion, addition, installation or alter- ation of any structure, the extrac- tion, clearing or other alteration of land or the division of land into two or more parcels, for the purpose of transfer of title or building develop- ment. Major development means any planned unit development, subdivi- sion and any other development of more than 15 units or larger. e. Development permit means any sub- division, planned unit development, zoning permit, grading permit, pre- liminary plat approval, rezoning, spe- cial use permit or variance. f. Person means any individual, firm, corporation, partnership, associa- tion or other private or governmen- tal entity. g. Structure means anything manufac- tured, constructed or erected that is normally attached to or positioned on land, including portable or tem- porary structures. h. Significant tree means a tree mea- suring at least 6 inches in diameter at 54 inches above ground (dbh). Cottonwood, silver maple, and box elder are protected as a size of 20 inches (dbh). Buckthorn and Sibe- rian elm are not considered signifi- cant trees at any size. i. Woodland means a group of trees at least one-half acre in area with a crown cover of the area of at least 50 percent. Supp. No. 7 CD31:125.1 § 31-5 (4) Application of regulations. 'No develop- ment permit may be issued for any devel- opment unless the development is compli- ant with the following regulations: a. Development sites located in the Blufland/Shoreland District, Wetland or Wetland Buffer Area, ravine areas or on slopes greater than 24 percent must abide by Vegetation _Alteration Regulations contained in the Bluffland/Shoreland Ordinance (City Code Section 31-1, Subdivision 23), Shoreland Management (Section 31-1, Subdivision 33), Conservation Regu- lations (Section 35-1) or Subdivision Regulations (Chapter 32). b. Development should be conducted so that the maximum number of trees are preserved by the clustering or siting of structures in clearings. The use of other innovative and creative design techniques is encouraged. C. Grading, contouring and paving shall not detrimentally affect the root zone or stability of trees to be preserved. Trees to be preserved must be pro- vided with a watering area equal to at least one-half the crown cover. d. Private development may not reduce the existing tree or woodland cover by an area greater than 35 percent. The understory plants and root area around preserved trees should not be disturbed except for removal of invasive plants or underplanting of desirable plant material. This require- ment does not prohibit lawn estab- lishment or maintenance by other means. e. Replacement trees used in reforesta- tion or landscaping must be compat- ible with the existing landscape and plant conditions (see approved City tree list and planting standards). f. Diseased trees or trees seriously dam- aged by storm or other acts of God may be removed and are exempt from these regulations. § 31-5 STILLWATER CODE g. No clear cutting of trees is permitted on any land except as approved in a subdivision, planned unit develop- ment (PUD) or other site develop- ment permit. (5) Tree protection plan. A tree protection plan must be submitted for all develop- ment permits for property where signifi- cant trees are located within 15 feet of development structures or land distur- bance. The plan must address the City's tree protection standards, but need not be prepared by a professional. a. A tree protection plan must be sub- mitted for concept PUD or prelimi- nary subdivision plan review, or be included with submission of a grad- ing plan if not a part of a subdivision or PUD. b. The tree protection plan must in- clude the following information: 1. The name(s), telephone num- bers) and address(es) of the applicant and the property owner; 2. The location of all existing and proposed buildings; structures, or impervious surfaces situated upon or contemplated to be built upon the land; 3. The delineation of all areas to be graded and the limits of land disturbance; 4. The location and listing by size and species of existing signifi- cant trees, and delineation of the canopy cover of areas of significant trees greater than 10,000 square feet in size. The data on the significant trees should be listed in tabular form on the plan or included as an attachment; 5. A list of measures to be taken to protect significant trees; 6. A map showing trees prepared to be moved, removed or im- pacted; and 7. The signature of the person(s) preparing the plan, their certi- fication, and employer or firm, address, phone and fax num- bers. (6) Tree replacement. the following standards shall be met when tree replacement is required: a. Trees removed for subdivision im- provements (drainage, road and util- ities) must be replaced on the basis of 10 trees per acre of canopy re- moved. Supp. No. 7 CD31:128.2 b. All significant trees removed above the maximum 35 percent removal limit for private lot development must be replaced on a one-for-one basis. If 35 percent or less is removed, no replacement planting is required. C. Trees replaced under this require- ment are in addition to any other trees required to be planted pursu- ant to this subdivision or other city planning subdivision requirements. d. Replacement trees must be planted on the development site according to an overall project tree replacement plan. e. A replacement tree fee may be paid to the city if on-site tree replacement is not feasible. The fee shall be based on the retail costs of a 2" diameter deciduous tree. f. A tree replacement plan must in- clude the following items: 1. Location. Applicant must pro- N-ide a plan showing the size, species and location of all re- placement trees proposed to be planted on the property in ac- cordance with the tree replace- ment requirements. . 2. Species. Replacement trees must be species which are included Supp. No. 7 CD31:128.3 ZONING 31-5 on the approved tree list of the able measures must be taken by the city. Greater than 50 percent of property owner to halt the spread of the replacement trees must be the disease. An oak wilt manage - species indigenous to the area. ment plan must be submitted to the Improved cultivars of native spe- City. This plan must contain: cies may be counted as native species when planted in a bou- 1. A copy of the tree inventory levard or landscaped areas. In map for the property with de - woodland restoration areas only lineation of areas containing oak native species should be used wilt disease. rather than improved cultivars. 2. Proposed management plans to 3. Size. Replacement trees must control spread of the disease be an average of 2 inches in such as: diameter for deciduous trees (ex- a. Removal of red or pin oaks cept bur oak, bicolor oak, iron- before March of the year wood and ornamental trees, following wilting to pre - which may be an average of vent spore production of 1.25 caliper inches). Coniferous the oak wilt fungus; this trees must be an average height should include plans for of 6 feet. storage/disposal of infected 4. Trees moved from one area of trees. the site to another will be b. Installation of root graft counted as replacement trees if barriers if there are they are in a healthy condition healthy trees of the same and approved by the commu- nity development director. 30 feet of diseased trees. 5. 'Warranty requirements. Any re placement tree that is not alive 1. An oak wilt control or healthy, as determined by specialist should be the community development di- consulted to lace - rector, within two years after went of root graft root g raft the date of planting, must be barriers for most ef- removed by the applicant and fective control. replaced with a new, healthy 2. Barriers should be in - tree meeting the same species stalled by currently and size requirements. recommended prac- 6. Planting standards. Planting tices. must adhere to the tree and 3. Removal of diseased shrub planting standards of the oaks should not be City of Stillwater. The tree and done until any root shrub planting standards of the graft barriers have city are those adopted by reso- been installed. lution of the city council and on a. A copy of the location file with the community devel- of any root graft bar- opment director. riers must be submit - (7) Oak trees. Because of their high value and ted to the City upon susceptibility to disease, the following star- completion of instal- dards shall apply to oak trees: lation. a. Oak wilt management. If oak wilt is C. Other measures such as found in any area of the City, reason- injection of diseased bur Supp. No. 7 CD31:128.3 31-5 STILLWATER CODE oaks, or healthy red or pin oaks within root graft dis- tance (30 feet) of diseased tree, by a licensed pesti- cide applicator experienced in tree injection using a pesticide registered for oak wilt control. b. Oak pruning. Oaks may not be pruned or wounded between April 15 and July 1st to prevent insect transmis- sion of the oak wilt fungus to healthy trees. If pruning or wounding occurs during this period, the wound must be covered with a recommended tree wound dressing immediately. Fresh oak stumps must be treated as wounds during this period and cov- ered or ground out immediately fol- lowing felling of trees. (8) License required for commercial pruning— chemical treatment or remoual of trees. a. License application and fee. It is un- lawful of any person to conduct as a business the cutting, trimming, prun- ing, removal, spraying, or otherwise treating of trees in the city without having first secured a license from the City. b. Application for the license shall be made at the office of the community development director on a form ap- proved by the City. C. All licenses expire on the next 31st day of December following the date of issue. d. Proof of insurance. All applicants for the license must file with the city clerk proof of a public liability insur- ance policy covering all operations of the applicant hereunder for the sum of at least $300,000.00 combined sin- gle limit coverage. If this insurance is canceled and the licensee fails to replace it with another policy that conforms to the provisions of this section, the license is automatically suspended until the liability insur- ance is replaced. e. Chemical treatment requirements. Ap- plicants who propose to use chemical substances in any activity related to treatment or disease control of trees must file with the once of the com- munity development director proof that the applicant administering the treatment has been certified by the State Department of Agriculture as a "Commercial Pesticide Applicator" for the current year of operation. f. Revocation oflicense. Failure to com- ply with any part of this chapter will result in the revocation of the license by the city council, following a public hearing. Written notice of the public hearing must be mailed at least 10 days prior to the hearing to the cur- rent holder of the license. The notice must outline the violation(s) consid- ered by the city to be grounds for revocation and inform the holder of the opportunity to be heard at the public hearing. (9) Effective date. This subdivision will be in force and effect from and after its passage and publication according to law. This subdivision will not apply to any new development that has been given prelim- inary plat or PUD approval prior to the effective date of this subdivision. (Ord. No. 846, § 1, 10-7-97; Ord. No. 891, §§ 1, 2, 3-21-00) Cross reference—wetland conservation act, ch. 59. Sec. 31-6. Adult uses. Subd. 1. Purpose. The city council of the City of Stillwater deems it necessary to provide for the special and express regulation of businesses or commercial enterprises which operate as adult body painting studios, adult bookstores, adult cabarets, adult companionship establishments, adult hotels or motels, adult massage parlors or health clubs, adult mini -motion picture, theaters, adult modeling studios, adult motion picture ar- cades or theaters, adult novelty businesses, adult Supp. -No. 7 CD31:128.4 § 31-5 STILLWATER CODE 5. All roads and paved surfaces must be set back ten feet from the top of the slopes greater than 24 percent. 6. Structures located in slopes greater than 24 percent in com- mercial districts require a con- ditional use permit. b. Driveway design standards. 1. Driveways must be designed to conform with ex=isting contours to the maximum extent feasi- ble. 2. Driveways must enter streets so as to maintain adequate line of sight. 3. Driveways may have a maxi- mum grade of 12 percent. C. Vegetation alterations. Vegetation al- teration in ravines, along bluffs and on slopes greater that 24 percent as measured over a horizontal distance of 50 feet are subject to the following standards: 1. Selective removal of natural veg- etation is allowed, provided suf- ficient vegetative cover remains to screen vehicles, dwelling and other structures. 2. No cutting or removal of trees over six inches in diameter mea- sured at a point 54 inches above ground level within the re- quired building setback is per- mitted unless the trees are dead or diseased. A certificate of com- pliance must be obtained prior to the removal of any trees on steep slopes. 3. Ii atural vegetation must be re- stored as soon as feasible after any construction project is com- pleted in order to retard sur- face runoff and soil erosion. 4. The provisions of this subsec- tion do not apply to the removal of trees, limbs or branches that Supp. No. 7 CD31:128 are dead, diseased or pose safety hazards and vegetation alter- ation necessary for the mainte- nance or construction of public utilities. Subd. 3. Tree protection (1) Findings and purpose. The City of Stillwater finds that preservation of trees and woodlands within the city enhances the health, safety and welfare of the citi- zens; that development within the City has the effect of reducing and in some cases eliminating wooded areas, which, if preserved and maintained, serve impor- tant ecological, recreational and aesthetic benefit to existing and future residents. Therefore, the purposes of this subdivi- sion are the following: To preserve wood- lands and trees on individual sites; pro- tect the safety of such residents by preventing wind and water erosion, slope instability and rapid runoft; promote the health of such residents by absorption of air pollutants, contaminants and noise; and protect the welfare of residents by increasing rainfall infiltration to the wa- ter table; provide a diversified environ- ment for many kinds of animals and plants necessary for wildlife maintenance and important to the aesthetic values and recreational requirements of the area; and promote energy conservation by providing shade in the summer and windbreak in the winter. (2) District boundaries. The tree protection regulations apply to all zoning districts within the city. (3) Definitions. The following words when used in this subdivision shall have the meanings ascribed to them in this subsec- tion, except where the contest clearly dic- tates a different meaning: a. Clear cutting means removal of all or substantially all of a stand of trees in one cutting. b. Crown cover means the ratio be- tween the amount of land shaded by the vertical protection of the branches ZONING § 31-5 and foliage area of standing trees to (4) Application of regulations. No develop - the total area of land, usually ex- ment permit may be issued for any Bevel - pressed as a percentage. opment unless the development is compli- ant with the following regulations: c. dbh means the diameter at breast height of a tree measured at a point a. Development sites located in the approximately 54 inches above Blufiland/Shoreland District, Wetland ground. or Wetland BufferArea, ravine areas or on slopes greater than 24 percent d. Development means the construc- must abide by Vegetation Alteration tion, addition, installation or alter- Regulations contained in the ation of any structure, the e:%trac- Bluffland/Shoreland Ordinance (City tion, clearing or other alteration of Code Section 31-1, Subdivision 23)', land or the division of land into two Shoreland Management (Section 31-1, or more parcels, for the purpose of Subdivision 33), Conservation Regu- transfer of title or building develop- lations (Section 35-1) or Subdivision ment. Major development means any Regulations (Chapter 32.). planned unit development, subdivi- b. Development should be conducted so Sion and any other development of that the maximum number of trees more than 15 units or larger. are preserved by the clustering or siting of structures in clearings. The e. Development permit means any sub- use of other innovative and creative division, planned unit development, design techniques is encouraged. zoning permit, grading permit, pre- C. Grading, contouring and paving shall liminary plat approval, rezoning, spe- not detrimentally affect the root zone cial use permit or variance. or stability of trees to be preserved. f. Person means any individual, firm, Trees to be preserved must be pro - corporation, partnership, associa- vided with a wafering area equal to tion tion or other private or governmen- at least one-half the crown cover. tal entity. d. Private development may, not reduce the existing tree or woodland cover g. Structure means anything manufac- by an area greater than 35 percent. tured, constructed or erected that is The understory plants and root area normally attached to or positioned around preserved trees should not on land, including portable or tem- be disturbed except for removal of porary structures. invasive plants or underplanting of h. Significant tree means a tree mea- desirable plant material. This require - ment does not prohibit lawn estab- suring at least 6 inches in diameter lishment or maintenance by other at 54 inches above ground (dbh). means. Cottonwood, silver maple, and box elder are protected as a size of 20 e. Replacement trees used in reforesta- inches (dbh). Buckthorn and Sibe- tion or landscaping must be compat- rian elm are not considered signifi- ible with the existing landscape and cant trees at any size. plant conditions (see approved City tree list and planting standards). i. Woodland means a group of trees at f. Diseased trees or trees seriously dam - least one-half acre in area with a aged by storm or other acts of God crown cover of the area of at least 50 may be removed and are exempt percent. from these regulations. Supp. No. 7 CD31:128.1 31-5 STILLWATER CODE g. No clear cutting of trees is permitted on any land except as approved in a subdivision, planned unit develop- ment (PUD) or other site develop- ment permit. (5) Yiee protection plan. A tree protection plan must be submitted for all develop- ment permits for property where signifi- cant trees are located within 15 feet of development structures or land distur- bance. The plan must address the City's tree protection standards, but need not be prepared by a professional. a. A tree protection plan must be sub- mitted for concept PUD or prelimi- nary subdivision plan review, or be included with submission of a grad- ing plan if not a part of a subdivision or PUD. 0 The tree protection plan must in- clude the following information: 1. The name(s), telephone num- bers) and address(es) of the applicant and the property owner; 2. The location of all existing and proposed buildings, structures, or impervious surfaces situated upon or contemplated to be built upon the land; 3. The delineation of all areas to be graded and the limits of land disturbance; 4. The location and listing by size and species of existing signifi- cant trees, and delineation of the canopy cover of areas of significant trees greater than 10,000 square feet in size. The data on the significant trees should be listed in tabular form on the plan or included as an attachment; 5. A list of measures to be taken to protect significant trees; 6. A map showing trees prepared to be moved, removed or im- pacted; and 7. The signature of the person(s) preparing the plan, their certi- fication, and employer or firm, address, phone and fax num- bers. (6) Tree replacement. the following standards shall be met when tree replacement is required: a. Trees removed for subdivision im- provements (drainage, road and util- ities) must be replaced on the basis of 10 trees per acre of canopy re- moved. Supp. No. 7 CD31:128.2 b. All significant trees removed above the maximum 35 percent removal limit for private lot development must be replaced on a one-for-one basis. If 35 percent or less is removed, no replacement planting is required. C. Trees replaced under this require- ment are in addition to any other trees required to be planted pursu- ant to this subdivision or other city planning subdivision requirements. d. Replacement trees must be planted on the development site according to an overall project tree replacement plan. e. A replacement tree fee may be paid to the city if on-site tree replacement is not feasible. The fee shall be based on the retail costs of a 2" diameter deciduous tree. f. A tree replacement plan must in- clude the following items: 1. Location. Applicant must pro- vide a plan showing the size, species and location of all re- placement trees proposed to be planted on the property in ac- cordance with the tree replace- ment requirements. 2. Species. Replacement trees must be species which are included ZONING § 31-5 on the approved tree list of the city. Greater than 50 percent of the replacement trees must be species indigenous to the area. Improved cultivars of native spe- cies may be counted as native species when planted in a bou- levard or landscaped areas. In woodland restoration areas only native species should be used rather than improved cultivars. 3. Size. Replacement trees must be an average of 2 inches in diameter for deciduous trees (ex- cept bur oak, bicolor oak, iron- wood and ornamental trees, which may be an average of 125 caliper inches). Coniferous trees must be an average height of 6 feet. 4. Trees moved from one area of the site to another will be counted as replacement trees if they are in a healthy condition and approved by the commu- nity development director. 5. Warranty requirements. Any re- placement tree that is not alive or healthy, as determined by the community development di- rector, within two years after the date of planting, must be removed by the applicant and replaced with a new, healthy tree meeting the same species and size requirements. 6. Planting standards. Planting must adhere to the tree and shrub planting standards of the Citv of Stillwater. The tree and shrub planting standards of the city are those adopted by reso- lution of the city council and on Me with the community devel- opment director. (7) Oak trees. Because of their high value and susceptibility to disease, the following stan- dards shall apply to oak trees: a. Oak wilt management. If oak wilt is found in any area of the City, reason - Supp. No. 7 CD31:128.3 able measures must be taken by the property owner to halt the spread of the disease. An oak wilt manage- ment plan must be submitted to the City. This plan must contain: 1. A copy of the tree inventory map for the property with de- lineation of areas containing oak- wilt akwilt disease. 2. Proposed management plans to control spread of the disease such as: a. Removal of red or pin oaks before March of the year following wilting to pre- vent spore production of the oak wilt fungus; this should include plans for storage/disposal of infected trees. b. Installation of root graft barriers if there are healthy trees of the same or similar species within 30 feet of diseased trees. 1. An ' oak wilt control specialist should be consulted as to place- ment of root graft barriers for most ef- fective control. 2. Barriers should be in- stalled by currently recommended prac- tices. 3. Removal of diseased oaks should not be done until any root graft barriers have been installed. 4. A copy of the location of any root graft bar- riers must be submit- ted to the City upon completion of instal- lation. C. Other measures such as injection of diseased bur § 31-5 STILLWATER CODE oaks, or healthy red or pin oaks within root graft dis- tance (30 feet) of diseased tree, by a licensed pesti- cide applicator experienced in tree injection using a pesticide registered for oak wilt control. b. Oak pruning. Oaks may not be pruned or wounded between April 15 and July 1st to prevent insect transmis- sion of the oak wilt fungus to healthy trees. If pruning or wounding occurs during this period, the wound must be covered with a recommended tree wound dressing immediately. Fresh oak stumps must be treated as wounds during this period and cov- ered or ground out immediately fol- lowing felling of trees. (8) License required for commercial pruning— chemical treatment or removal of trees. a. License application and fee. It is un- lawful of any person to conduct as a business the cutting, tramming, prun- ing, removal, spraying, or otherwise treating of trees in the city without having first secured a license from the City. b. Application for the license shall be made at the once of the community development director on a form ap- proved by the City. C. All licenses expire on the next 31st day of December following the date of issue. d. Proof of insurance. All applicants for the license must file with the city clerk proof of a public Liability insur- ance policy covering all operations of the applicant hereunder for the sum of at least $300.000.00 combined sin- gle limit coverage. If this insurance is canceled and the licensee fails to replace it with another policy that conforms to the provisions of this section, the license is automatically suspended until the liability insur- ance is replaced. e. Chemical treatment requirements. Ap- plicants who propose to use chemical substances in any activity related to treatment or disease control of trees must file with the office of the com- munity development director proof that the applicant administering the treatment has been certified by the State Department of Agriculture as a "Commercial Pesticide Applicator" for the current year of operation. f. Revocation of license. Failure to com- ply with any part of this chapter will result in the revocation of the license by the city council, following a public hearing. Written notice of the public hearing must be mailed at least 10 days prior to the hearing to the cur- rent holder of the license. The notice must outline the violation(s) consid- ered by the city to be grounds for revocation and inform the holder of the opportunity to be heard at the public hearing. (9) Effective date. This subdivision will be in force and effect from and after its passage and publication according to law. This subdivision will not apply to any new development that has been given prelim- inary plat or PUD approval prior to the effective date of this subdivision. (Ord. No. 846, § 1, 10-7-97; Ord. No. 891, §§ 1, 2, 3-21-00) Cross reference—wetland conservation act, ch. 59. Sec. 31-6. Adult uses. Subd. 1. Purpose. The city council of the City of Stillwater deems it necessary to provide for the special and express regulation of businesses or commercial enterprises which operate as adult body painting studios, adult bookstores, adult cabarets, adult companionship establishments, adult hotels or motels, adult massage parlors or health clubs, adult mini -motion picture. theaters, adult modeling studios, adult motion picture ar- cades or theaters, adult novelty businesses, adult Supp. `o. 7 CD31:128.4 MEMO To: Mayor and City Council From: Steve Russell, Community Development Director Subject: Consideration of Recommended Tree Ordinance Date: December 28, 1999 Background As a result of the Liberty/Legends expansion area development project impact on trees, the issue of tree protection and existing City tree protection standards was raised. The City Council was approached by a citizen group interested in preserving and protecting tress. A Tree Task Force was appointed by the Council and a consulting Forester was hired to review current standards and revise the current ordinance as needed. The Tree Task Force met several times over a six-month period reviewing existing City tree protection regulations and reviewing Tree Protection Ordinances used by other Twin Cities communities. In Spring 1999, a draft ordinance was presented to the Planning Commission. After reviewing the ordinance at its February 8 and March 8 meetings, the draft ordinance was recommended for adoption to the City Council. The City Council reviewed a draft ordinance at their meetings of March 2 and June 1, 1999. Through the draft plan review process, changes were made in the ordinance to address community and private property owner comments on the draft ordinance. After the June 1, 1999 Council meeting, staff was directed to take a new look at the Tree Protection Ordinance and come back with an ordinance that has community support and does not unreasonably limit individual property rights. The ordinance before the Council attempts to reach that balance. As you can note from the comments on the ordinance, most concerns expressed by owners of trees have been addressed in this ordinance. Key Provisions- - The ordinance applies to all areas of the City similarly. - The ordinance only applies to projects that require development permits. - Thirty percent (30%) of significant trees can be removed on private lot development without replacement. - For subdivision improvements trees shall be replaced on a 10 per 1 acre of removal basis. - A tree replacement plan is required for major projects. - Oak wilt management provisions are added to the regulations. - Licensing is required for commercial tree trimmers. - Tree removal in sensitive natural areas, ravines, slopes greater than 24% and wetlands is Mayor and City Council Page 2 December 28, 1999 regulated. Tree protection and tree planting standards are added to the regulations. The Tree Ordinance was changed after the December 13, 1999 Planning Commission meeting to address concerns expressed at that meeting. Action Required: Consideration of revised ordinance and adoption (first reading). Attachments: Ordinance, comments, Planning Commission Staff Report of 12-13-99, Memo from Kathy Widen, Consulting Forester and comments. To: City Council City of Stillwater From: Katharine D. Widin, Ph.D. Forestry Consultant City of Stillwater 12/20/99 The draft of the proposed Tree Protection Ordinance for the City of Stillwater which is before you has been revised after much input from Stillwater residents and City Staff. As directed by the City Council we have arrived at a compromise version compared to the draft of the ordinance which went before the Council in June of this year. Changes to the existing tree protection ordinance came about as a result of a City Council directive that tree protection within the City of Stillwater be strengthened. This amended version of the ordinance should adequately address the specific situations in Stillwater which require greater tree protection. As a forest health professional, I would not suggest further changes that would result in any less protection. The Planning Commission approved the ordinance 4:1 at their meeting on Dec. 13th. They suggested a few minor changes to the ordinance which have been incorporated. I would like to point out the following information about the ordinance: 1. the ordinance applies to all zoning districts 2. tree protection, removal and replacement requirements only apply to projects which would require a development permit 3. the ordinance references other sections of the City Code which contain language regarding tree removal in environmentally sensitive areas, such as ravines, near wetlands, bluffland, shoreland and buffer areas 4. tree removal for drainage, roads and utilities requires replacement of trees at a rate of 10 trees per acre of canopy removed, which is the same as the existing ordinance in City Code 5. on private lots which are part of a development, or which require a development permit, 30% of the tree cover could be removed without replacement; however, beyond 30% removal, each tree over six inches in diameter which is removed would need to be replaced 1 for 1 6. the $25.00 per diameter inch penalty has been removed 7. the ordinance includes a section on oak wilt management 8. the ordinance includes a section requiring licensing of commercial arborists Information on tree protection methods and tree planting methods are contained in the city's Tree Protection Standards and Tree Planting Standards. These documents, as well as approved tree lists, will be made available to property owners/developers who need to comply with the ordinance requirements. ON Subd. 28. Tree protection. Tree protection regulations are as follows: (1) Findings and purpose. The City of Stillwater finds that preservation of trees and woodlands within the City is critical to the health, safety and welfare of the citizens; that development within the City has the effect of reducing and in some cases eliminating wooded area, which, if preserved and maintained, serve important ecological, recreational and aesthetic benefit to existing and future residents. Therefore, the purposes of this subdivision are the following: To preserve woodlands and trees on individual sites; protect the safety of such residents by preventing wind and water erosion, slope instability and rapid runoff, promote the health of such residents by absorption of air pollutants, contaminants and noise; and protect the welfare of residents by increasing rainfall infiltration to the water table; provide a diversified environment for many kinds of animals and plants necessary for wildlife maintenance and important to the aesthetic values and recreational requirements of the area; and promote energy conservation by providing shade in the summer and windbreak in the winter. (2) District boundaries. The tree protection regulations apply to all zoning districts within the City. (3) Definitions. The following words when used in this subdivision shall have the meanings ascribed to them in this subsection, except where the context clearly dictates a different meaning: a. Clear cutting means removal of all or substantially all of a stand of trees in one cutting. b. Crown cover means the ratio between the amount of land shaded by the vertical protection of the branches and foliage area of standing trees to the total area of land, usually expressed as a percentage. c. dbh: Diameter at breast height of a tree measured at a point approximately 54 inches above ground. d. Development means the construction, addition, installation or alteration of any structure, the extraction, clearing or other alteration of land or the division of land into two or more parcels, for the purpose of transfer of title or building development. e. Development permit means any subdivision, planned unit development, zoning permit, grading permit, preliminary plat approval, rezoning, special use permit or variance. f. Dimensional requirement means minimum and maximum setbacks, yard requirements and structure height or size restriction established in the zoning and subdivision ordinances. g. Person means any individual, firm, corporation, partnership, association or other private or governmental entity. h. Structure means anything manufactured, constructed or erected that is normally attached to or positioned on land, including portable or temporary structures. i. Significant Tree means a tree measuring at least 6 inches in diameter at 54 inches above ground (dbh). Cottonwood, silver maple and box elder are protected at a size of 20 inches (dbh). Buckthorn and Siberian elm are not considered significant trees at any size. Woodland means a group of trees at least one-half acre in area with a crown cover of the area of at least 50 percent. (4) Application of Regulations. No development permit may be issued for any development unless the development is compliant with the following regulations: a. Development sites located in the Bluffland/Shoreland District, Wetland or Wetland Buffer Area, ravine areas or on slopes greater than 24 percent must abide by Vegetation Alteration Regulations contained in the Bluffland/Shoreland Ordinance (City Code Section 31-1, Subdivision 23), Shoreland Management (Section 31-1, Subdivision 33) , Conservation Regulations (Section 35-1) or Subdivision Regulations (Chapter 32). b. Development should be conducted so that the maximum number of trees are preserved by the clustering or siteing of structures in clearings. The use of other innovative and creative design techniques shall be encouraged. c. Grading, contouring and paving shall not detrimentally affect the root zone or stability of trees to be preserved. Trees to be preserved must be provided with a watering area equal to at least one-half the crown cover. d. Private development may not reduce the existing tree or woodland crown cover by an area greater than 30 percent. The understory plants and root area around preserved trees should not be disturbed except for removal of invasive plants or underplanting of desirable plant material. e. Replacement trees used in reforestation or landscaping must be compatible with the existing landscape and plant conditions (see approved City tree list and planting standards). f. Diseased trees or trees seriously damaged by storm or other acts of God may be removed and are exempt from obtaining a tree cutting permit. g. No clear cutting of trees is permitted on any land except as approved in a subdivision, planned unit development (PUD) or other site development permit. (S) Tree Protection Plan. A tree protection plan must be submitted for development permits for property where trees are located. The plan must address the City's tree protection standards as appropriate. a. A tree protection plan must be submitted for concept PUD or preliminary subdivision plan review, or be included with submission of a grading plan if not a part of a subdivision or PUD. For PUD's and subdivisions, the tree protection plan must be prepared by a forester, landscape architect or land surveyor. b. The tree protection plan must include the following information: 1. The name(s), telephone numbers(s) and address(es) of the applicant and the property owner; 2. the location of all existing and proposed buildings, structures, or impervious surfaces situated upon or contemplated to be built upon the land; 2 114w- 3. the delineation of all areas to be graded and the limits of land disturbance; 4. the location and listing by size and species of existing significant trees, and delineation of the canopy cover of areas of native trees and shrubs greater than 10,000 square feet in size. The data on the significant trees should be listed in tabular form on the plan or included as an attachment; 5. a list of measures to be taken to protect significant trees; 6. a map showing trees prepared to be moved, removed or impacted; and 7. the signature of the person(s) preparing the plan, their certification, and employer or firm, address, phone and fax numbers; (6) Tree Replacement. The following standards shall be met when tree replacement is required: a. Trees removed for subdivision improvements (drainage, road and utilities) must be replaced on the basis of 10 trees per acre of canopy removed. b. All significant trees removed above the maximum 30% removal limit for private lot development must be replaced on a one-for-one basis. If 30 percent or less is removed, no replacement planting is required. c. Trees replaced under this requirement are in addition to any other trees required to be planted pursuant to this ordinance or other City planning subdivision requirements. d. Replacement trees must be planted on the development site according to an overall project tree replacement plan. e. A replacement tree fee may be paid to the City if on-site tree replacement is not feasible. The fee shall be based on the retail costs of a 2" diameter deciduous tree. f. A tree replacement plan must include the following items: 1. Location. Applicant must provide a plan showing the size, species and location of all replacement trees proposed to be planted on the property in accordance with the tree replacement requirements. 2. Species. Replacement trees must be species which are included on the approved tree list of the City. Greater than 50 percent of the replacement trees must be species indigenous to the area. Improved cultivars of native species may be counted as native species when planted in a boulevard or landscaped areas. In woodland restoration areas only native species should be used rather than improved cultivars. 3. Size. Replacement trees must be an average of 2 inches in diameter for deciduous trees (except bur oak, bicolor oak, ironwood and ornamental trees, which may be an average of 1.25 caliper inches). Coniferous trees must be an average height of 6 feet. 4. Trees moved from one area of the site to another will be counted as replacement trees if they are in a healthy condition and approved by the Community Development Director. 5. Warranty Requirements. Any replacement tree that is not alive or healthy, as determined by the Community Development Director, within two years after the date of planting, must be removed by the Applicant and replaced with a new, healthy tree meeting the same species and size requirements. 6. Planting Standards. Planting must adhere to the tree and shrub planting standards of the City of Stillwater. The tree and shrub planting standards of the City are those adopted by resolution of the City Council and on file with the community Development Director. (7) Oak Trees. Because of their high value and susceptibility to disease, the following standards shall apply to oak trees: a. Oak Wilt Management. If oak wilt is found in any area of the City, measures must be taken by the property owner to halt the spread of the disease. An oak wilt management plan must be submitted to the City. This plan must contain: 1. A copy of the tree inventory map for the property with delineation of areas containing oak wilt disease. 2. Proposed management plans to control spread of the disease such as: a. Removal of red or pin oaks before March of the year following wilting to prevent spore production of the oak wilt fungus; this should include plans for storage/disposal of infected trees. b. Installation of root graft barriers if there are healthy trees of the same or similar species within 30-50 feet of diseased trees. 1. An oak wilt control specialist should be consulted as to placement of root graft barriers for most effective control 2. Barriers should be installed by currently recommended practices. 3. Removal of diseased oaks should not be done until any root graft barriers have been installed. 4. A copy of the location of any root graft barriers must be submitted to the City upon completion of installation. Other measures such as injection of diseased bur oaks, or healthy red or pin oaks within root graft distance (30-50 feet) of diseased tree, by a licensed pesticide applicator experienced in tree injection using a pesticide registered for oak wilt control. b. Oak Pruning. Oaks may not be pruned or wounded between April 15 and July 1 st to prevent insect transmission of the oak wilt fungus to healthy trees. If pruning or wounding occurs during this period, the wound must be covered with a recommended tree wound dressing immediately. Fresh oak stumps must be treated as wounds during this period and covered or ground out immediately following felling of trees. (8) License Required for Commercial Pruning- Chemical Treatment or Removal of Trees. a. License Application and Fee. It is unlawful for any person to conduct as a business the 4 cutting; trimming, pruning, removal, spraying or otherwise treating of trees in the City without first having secured a license from the City. b. Application for the license shall be made at the office of the Community Development Director on a form approved by the City. c. All licenses expire on the next 31 st day of December following the date of issue. d. Proof of Insurance. All applicants for the license must file with the city clerk proof of a public liability insurance policy covering all operations of the applicant hereunder for the sum of at least three hundred thousand dollars ($300,000.00) combined single limit coverage. If this insurance is canceled and the licensee fails to replace it with another policy that conforms to the provisions of this section, the license is automatically suspended until the liability insurance is replaced. e. Chemical Treatment Requirements. Applicants who propose to use chemical substances in any activity related to treatment or disease control of trees must file with the office of the Community Development Director proof that the applicant administering the treatment has been certified by the State Department of Agriculture as a "Commercial Pesticide Applicator" for the current year of operation. f. Revocation of License. Failure to comply with any part of this chapter will result in the revocation of the license by the City Council, following a public hearing. Written notice of the public hearing must be mailed at least ten (10) days prior to the hearing to the current holder of the license. The notice must outline the violation(s) considered by the City to be grounds for revocation and inform the holder of the opportunity to be heard at the public hearing. (9) Effective Date. This ordinance will be in force and effect from and after its passage and publication according to law. This ordinance will not apply to any new development that has been given preliminary plat or PUD approval prior to the effective date of this ordinance. Enacted by the City Council of the City of Stillwater this day of 1999. Jay Kimble, Mayor ATTEST: Morli Weldon, Clerk Ordinance No. Amendment to Chapter 31, Section 31-5 adding Subdivision 3 Vegetation Alterations Sec. 31-5. Conservation regulations. Subd. 1. Purpose. The purpose and intent of the conservation regulations is to protect the public health, safety and community welfare and to otherwise preserve the natural environmental resources of the city in areas having significant and critical environmental characteristics. The conservation regulations have been developed in general accord with the policies and principles of the comprehensive plan as specified in the Middle River and Brown's Creek watershed management plans and the bluffland/shoreland regulations and adopted area or specific plans. It is furthermore intended that the conservation regulations accomplish the following purposes: (1) Minimize cut, fill, earth moving, grading operations and other such manmade effects on the natural terrain; (2) Minimize water runoff and soil erosion caused by human modifications to the natural terrain; (3) Minimize fire hazard and risks associated with landslides and unstable slopes by regulating development in areas of steep slopes and potential landslide areas; (4) Preserve riparian areas and other natural habitat by controlling development near the edge of ponds, streams and rivers; (5) Encourage developments which use the desirable, existing features of land such as natural vegetation, climatic characteristics, viewsheds, possible geologic and archaeological features and other features which preserve a land's identity; and (6) Maintain and improve to the extent feasible existing water quality by regulating the quantity and quality of runoff entering local watercourses. Subd. 2. General provisions. (1) Applicability. The conservation regulations apply to every zoning district within the city Where conflict in regulations occurs, the regulations set forth in this section shall apply. (2) Relationship to minor land division and subdivisions. To the greatest extent feasible, no minor land division or subdivision may create lots which would necessitate exceptions to this section. Where a division of land would require an exception to this section, precise building envelopes must be specified on proposed parcels and tentative maps so that maximum feasible conformance with this section can be attained. (3) Slope regulations. a. Steep slope. Slopes greater then 24 percent (2401o) as measured over a distance of SO feet measured horizontally. b. Applicability and purpose. The following regulations are enacted to minimize the risks associated with project development in areas characterized by vegetation and steep or unstable slopes. These areas include ravines, blufflands and shorelands. A further purpose 1 is to avoid the visual impact of height, bulk and mass normally associated with building on any steep slope. 1. Building permit applications for new strictures on slopes of 12 percent or greater must include an accurate topographic map. The map must contain contours of two -foot intervals for slopes of 12 percent or greater. Slopes over 24 percent shall be clearly marked. 2. Slopes 25 percent or greater may not be considered in meeting the lot area size requirements for subdivisions. Parcels with a portion of the area in slopes of 25 percent or greater require the minimum lot area of the applicable zoning district in slopes of less than 25 percent. The area in slopes of less than 25 percent must be contiguous to the proposed building site. 4. No stricture may be located on a slope of greater than 24 percent or within 30 feet of a 25 percent or greater slope. 5. All public or private driveways roads and paved surfaces must be set back ten feet from the top of the slopes greater than 24 percent. 6. Structures located on slopes greater than 24 percent in the conservation districts require a conditional use permit. b. Driveway design standards. 1. Driveways must be designed to conform with existing contours to the maximum extent feasible. 2. Driveways must enter streets so as to maintain adequate line of sight. 3. Driveways may have a maximum grade of 12 percent. (Ord. No. 846, § 1, 10-7-97)Cross reference(s)--Wetland conservation act, ch. 59. Subd, 3. Vegetation alterations. Vegetation alteration in ravines, along bluffs and on slopes greater than 24 percent as measured over a horizontal distance of 50 feet are subject to the following standards: 1. Selective removal of natural vegetation shall be allowed, provided sufficient vegetative cover remains to screen cars, dwellings and other structures. 2. No cutting or removal of trees over six inches in diameter measured at a point 54 inches above ground level within the required building setback shall be permitted unless the trees are dead or diseased. A certificate of compliance must be obtained prior to the removal of any trees. 3. Natural vegetation shall be restored insofar as feasible after any construction project is completed in order to retard surface runoff and soil erosion. 4. The provisions of this subsection shall not apply to the removal of trees, limbs or branches that are dead, diseased or pose safety hazards and vegetation alteration necessary for the maintenance or construction ofpublic utilities. 2 Tree Protection Standards (11199) I. Purpose The City of Stillwater seeks to protect their tree resource by formulating these standards for guiding development projects in tree protection and conservation of woodland areas. This document is to be used in conjunction with the Tree Protection Ordinance. All contractors and sub -contractors are to be advised of tree protection standards by the developer or project manager. II. Design Considerations During the planning process, it is expected that all measures will be taken to protect significant trees and woodland areas on, or adjacent to, the parcel and that roads, utilities and structures will be sited to minimize the impact on trees and natural areas. Fragmentation of natural areas, and intrusion into environmentally sensitive areas, is to be avoided, if possible. Clustering of structures and development activities along the margin, but not within natural areas, is to be encouraged. When developing wooded parcels, it is desirable to save trees of varying ages, sizes and species, groups of trees rather than individuals, woodland areas that are connected to other natural areas, and vegetation adjacent to riparian and wetland areas. III. Tree Protection Methods A. Fencing (see diagram) - prior to grading, all significant trees and woodland areas to be preserved, which are inside or within 30 feet of the grading limits, are to be fenced with metal fenceposts (6 ft. on center) and orange snow -fencing. The fencing is to be placed at edge of the protected root zone of the largest tree within the group to be protected. In some situations the dripline (limits of the branch spread) can be used; however, fencing should be placed no closer than 10 feet to a tree or woodland area to be saved. If the fence is temporarily removed or knocked down, it is to be replaced immediately. This fencing is to remain until all phases of construction have been completed. B. Silt Fencing - to protect significant trees and woodland areas which are located at an elevation below the area being graded, silt fencing should be erected at the grading limits to prevent soil from washing into the root area of trees to be saved. This fence should be a minimum of 10 feet from the trunk of any significant tree. This fence should be regularly inspected for efficacy and, if it is found to be allowing soil to wash through, it should be repaired or replaced. Stillwater - Tree Protection Standards - 2 C. Grade Change - if the grade around a significant tree is to be raised or lowered more than 6 inches, a retaining wall and/or a drain tile system should be considered to avoid damaging roots. Any retaining wall should be placed outside the protected root zone of a significant tree, if possible, but no closer than 10 feet to the trunk of a significant tree. D. Utility Installation - excavations for utilities should be placed outside the protected root zone of trees which are to be saved. If a utility excavation is to be placed closer than 10 feet to the trunk of a mature tree, alternative installation techniques, such as tunneling under the root system, should be considered. E. Vehicle Parking - to minimize soil compaction and fluid leakage over root systems of trees to be preserved, vehicle parking areas should be located at least 30 ft. away from significant trees and woodland areas. F. Location of Storage and Clean-out Areas - to avoid soil compaction, leaching of toxic materials, or change in soil pH associated with leachate from building materials and equipment, storage of building supplies and equipment clean-out areas should be located at least 30 ft. away from significant trees and woodland areas. Clean-out areas should not be located in an area which will drain to the root systems of trees which are to be saved. G. Clearing of Undergrowth - extensive clearing of undergrowth and/or disturbance of the ground litter layer should not occur in areas where trees are to be preserved. H. Pruning - pruning of trees which are to be preserved should be limited to dead and broken branches or pruning of branches for vehicle clearance. No pruning or wounding of oaks should take place between April 15 and July 1 in order to minimize insect transmission of the oak wilt fungus to healthy trees. If oaks are pruned or wounded during this period, apply an asphalt -based tree wound dressing, latex paint or shellac to the wound immediately. I. Mulching - trees to be saved, especially individual significant trees within the grading limits, would benefit from the application of 4 inches of wood chip mulch over the root system from 1 ft. out from the trunk to the dripline (limit of branch spread) of the tree. J. Watering - trees within the grading limits should be provided with supplemental water before, during and after development, if possible. Definitions protected root zone - an area around the tree to be protected, the radius of which in feet is equal to 1.5 times the trunk diameter at breast height (dbh) (measured at a point 54 inches above the ground) (see diagram) References Protecting Trees from Construction Damage. Minn. Ext. Service FO -6135-5 Conserving Woodland Areas in Developing Communities - Best Management Practices - MN DNR (in press) Stillwater - Tree Protection Standards - 3 Tree Protection Dia rams (from: Protecting Trees from Construction Damage. Nlinn. Ext. Service PO -6135-5) Fig. 1 - Protected Root Zone Approximateatree's protected root zone by calculating the critical root radius (CRR). First, measure the tree diameter in inches at breast height(DSH). Then, multiply that -- number by 1.S. Express. the result in, feet. b � 1 Example: D8H = 8 inches; 8 X ].S'= 12 -' CRR = 12 feet Measure diameter (width) < = dbh dbh x IS critical root radius Protected Root Zone (PRZ) Fig. 2 - Tree Protection Fencing Put up fences and signs around trees you want to save to alert construc- tion workers to damage potential. I- - - - T ` 4.S feet ..- Tree & Shrub Planting Standards City of Stillwater, Minnesota I. Plant Material All plant material must be from a nursery licensed in Minnesota and must be certified to be pest and disease free. All trees and shrubs shall conform to the American Association of Nurserymen publication, "American Standard for Nursery Stock". All trees and shrubs shall be guaranteed for one full year from the time planting has been completed. All trees and shrubs used shall conform to the following minimum sizes: Deciduous Trees = 2.5 in. caliper (trunk diameter at 12 in. above soil level) B&B Ornamental Trees (small statured flowering trees) = 1.5 in. caliper B&B Coniferous Trees = 6 ft. height Shrubs =24 inch height or spread All trees and shrubs should be of landscape quality, in good form and be in a healthy condition (free of serious insect or disease problems, no serious wounds to the trunk or branches, and buds should be moist and viable) at the time of planting. Deciduous trees should have a dominant central leader, straight trunk and well -spaced side branches. Evergreens should be "unsheared" and have a natural, open form with a central leader. Shrubs should be sufficiently branched for the species. Potted shrubs should have been grown in the container long enough for the soil and root ball to retain its shape when removed from the container, i.e. not recently potted bare root material. Plants should be centered in pots or in soil balls, and soil balls should be unbroken. Roots in pots or soil balls should be moist, not dry, at time of delivery. Plant material will be inspected by the City Arborist. Any plant material which is in poor condition due to form (which cannot be corrected by minor pruning), undersized or broken root ball, serious trunk wounds, or insect or disease problems, will not be accepted. Any trees or shrubs not alive and in satisfactory growth at the end of the one-year guarantee period shall be replaced. II. Handling of Plant Material A. Delivery - all plant material shall be delivered on day of planting, if possible. If deciduous trees are in leaf, they should be covered with a tarp during transport. Plants should be handed, wheeled or hydraulically lowered off truck, not dropped. Trees should not be lifted or hauled by the trunk, which can separate the trunk from the root system. B. Storage - all plant material shall be stored as briefly as possible before planting. Plants shall be stored out of direct sunlight and root systems are to be kept cool and moist until time of planting. Roots shall only be exposed Stillwater - Planting Standards 8/98 - 2 just prior to planting for potted material and not until tree or shrub is in the planting hole for B&B stock. If plants must be stored overnight, roots should be watered in late afternoon or early evening. If plants will be stored more than one day, the pots or root balls should be covered with moistened wood chips to keep roots cool and moist. III. Planting Techniques A. Planting by Hand 1. Planting Hole - the diameter of the planting hole should be at least 6 inches wider than the pot or root mass diameter for shrubs and at least 1 foot wider than the diameter of the root ball for trees (e.g., a tree with a 24 in. root ball should have a planting hole which is at least 36 inches across). The depth of the planting hole should be equal to the height of the root mass from bottom to top of the soil in the pot or root ball. The soil at the sides of the hole should be roughened with a shovel and the soil at the bottom of the hole should be firmed before planting. Amendments - in most soils no organic soil amendments (e.g. black dirt, peat moss, compost, etc.) are needed. In some instances, particularly sites with highly disturbed soil and no topsoil, the arborist may recommend the addition of organic amendments equal to no more than 1/3 of the backfill soil. 2. Potted Stock - trees and shrubs should be slid out of pot or the pot should be cut off. Roots should be loosened slightly from the sides and bottom of the root mass and any encircling roots should be cut with a sharp knife. Root masses should be placed in the hole so that the top of the root mass is even with the top of the surrounding soil. In heavy clay soils, the root mass may be placed so that it is no more than an inch higher than the surrounding soil; however, in no situation should the root mass be planted lower than the surrounding soil. The hole should be back-filled with original soil halfway, the soil should be watered, and then the hole can be filled and watered again. The soil at the top should be lightly tamped and leveled and a slight ridge of soil should be constructed at the edge of the planting hole to keep water in the root zone of the tree. 3. Balled & Burlapped Stock - trees or shrubs should be set into the hole with the top of the root ball even with the top of the surrounding soil. In heavy clay soils, the root mass may be placed so that it is no more than an inch higher than the surrounding soil; however, in no situation should the root mass be planted lower than the surrounding soil. If the root ball is in a wire basket, at least the top two rounds of wire should be cut off and removed after the tree is in the prepared hole. Any rope or twine at the base of the trunk should be cut and removed, and burlap on the top of the ball should be pulled back. After centering and straightening the plants, the hole should be back-filled with original soil halfway, the soil watered, and then the Stillwater - Planting Standards 8:98 - 3 hole can be filled and watered again. The soil at the top should be lightly tamped and leveled and a slight ridge of soil should be constructed at the edge of the planting hole to keep water in the root zone of the tree. B. Machine -Moved Trees (information taken from MnDOT Landscape Project Guidelines) Minimum Tree Spade Size Requirements Spade Size (diameter) Oak Trees (caliper inches)* Deciduous Trees (caliper inches) Evergreen Trees (height) 42" 1.0" - 1.5" -" - 3" 5' - 7' 60" 1.5„ - 5„ 3„ - 41) 71-95 78" 2.5" - 3.5" 4" - 6" 9' - 14' 85" 3.5" - 5.0" 6" - 8" 14' - 18' (caliper inches refers to trunk diameter measured at 12 inches above the soil level) I. Planting Specifications (use of an hydraulic spade) a. remove a soil plug from the planting site with a spade the same size as the one used to move the trees b. scrape the sides of the planting hole to roughen it c. all holes dug by the tree spade should be filled the same day or covered to prevent personal injury or property damage d. designate the north side of the tree with paint or ribbon before digging e. dig the transplant tree and apply 10 gallons of water to the tree's root ball during digging f. the tree should be supported in the spade during transport to prevent shifting and damage to the tree or root ball g. if the tree is moved more than 5 miles, during the growing season, cover the tree to prevent drying and wind damage to foliage h. place the transplant tree in the planting hole, maintaining the original orientation of the tree (e.g. north side of tree facing north i. as soon as the tree is in the planting hole, loosen a band, 18 inches wide by 12 inches deep, of the undisturbed soil next to the root ball of the tree, with a shovel or rototiller; do not dig within the soil of the root ball of the tree j. fill any voids in the planting hole by watering and construct a 3 inch dike around the edge of the planting hole to hold water k. water the tree within two hours of installation, saturating the root ball and planting hole 1. the contractor must inspect the trees within 7 days of planting, checking for settling, air voids at sides of the planting hole, and soil moisture levels m. if trees have settled with root balls below the surrounding soil, or Stillwater - Planting Standards 8:98 - 4 if they have tipped, they must be reset with a tree spade the same size or larger and watered within 2 hours of resetting n. all transplanted trees must be watered within one week of planting, unless soil moisture is adequate or excessive o. mulch all transplanted trees with 45 inches of wood chips, from the trunk out to the branch spread, within two weeks after the first watering (do not mulch immediately after first watering, since resetting of tree may be necessary). Do not place woodchips in direct contact with trunk. IV. Maintenance of Trees and Shrubs After Planting A. Watering - all trees and shrubs must be watered within 2 hours of planting with sufficient water to saturate root ball and planting hole. New plants should be watered again within one week of planting. Watering thoroughly every week or two for the first season is desirable, particularly if trees and shrubs are planted between June 15th and August 15th. B. Mulching - trees should be mulched with 4 inches of wood chips from the trunk out 3 feet on all sides. Do not place mulch in direct contact with trunk. A ring of high quality landscape edging may be used to keep mulch around tree in turf areas. If landscaping calls for other mulch material around trees and shrubs in landscape beds, this must be approved by the city. C. Pruning - trees and shrubs should be pruned of dead, crossing, injured or broken branches at the time of planting. It is not necessary to apply a tree %wound dressing to the pruning sites. Oaks should not be pruned at all between April 15 and July 1st. D. Staking - trees should not be staked if they can stand alone. Trees much taller or wider than their root ball, or trees in open areas exposed to high winds, may need support for the first growing season. If trees are staked, the material which goes around the trees should be a wide band of webbing or other acceptable material which does not put too much pressure on the bark and sapwood. Bare wire and rope are not allowed as tree ies. The tree should be staked on two or three sides and staking removed after one year. E. Wrapping - smooth -barked trees should be wrapped November 1st to April 1st with tree wrap to prevent sunscald in winter. Wrapping must remain off tree trunks April through October. �. 24.05 Subd. 1 building or supported by any post, standard or thing, or otherwise fitted or installed, so that the same shall at any time be on, across, over or above any such street, sidewalk, public ground or public place, or overhand, cover, or be directly above or over, or be moved, swung or operated in any manner from any place, on, across, over or above any such street, sidewalk or other public ground or place, or any portion thereof, and from which, or by means of which, gasoline, oil or other mineral substances are carried, conveyed or distributed on, over, above or across any such street, sidewalk, public ground or public place, or any part thereof, for the purpose of selling, using, or giving the same way. Subd. 2. Any person violating any of the provisions of this ordinance shall, upon conviction thereof, be guilty of a misdemeanor. 24.06. AWNINGS. Subdivision 1. All awnings of pliable material that shall hereafter be put up or that may have been already put up shall be suspended from the building to which they are attached in such manner that the same can easily be raised or folded up. Awnings of a permanent type, constructed of aluminum of other rigid material, except wood, are expressly permitted when securely fastened to the building. No awnings, whether made of pliable or rigid material shall be closer than seven (7) feet above the top of the sidewalk at any time. 24.07. PUNTING AND CARE OF TREES IN PUBLIC PLACES. Subdivision 1. No person shall hereafter plant any trees within the limits of any street, public ground or highway of the City of Stillwater without first obtaining a permit from the Stillwater Park Commission. Subd. 2. Anyone wishing to plant such tree or trees shall apply to the Stillwater Park Commission for a permit, stating the variety and precise location proposed for each tree. After the receipt of such an application the Stillwater Park Commission shall investigate the locality where the tree or trees are to be placed and shall grant a permit only if, in its judgment, the location is such as to permit normal growth and development of the tree. The permit shall specify the location, variety and grade of each tree and method of planting, including among other things, the supplying of suitable soil. No charge shall be made for the permit and no trees shall be planted except in accordance with its terms. The specifications of the permit shall be such as will secure the suitable location, planting and growing of each tree. Subd. 3. The following trees can be used for street tree planting: American Elm, Hackberry, Hard Maple, Red Maple, Norway Maple, White Oak, Burr Oak, Scarlet Oak, American Linden, White Ash, Green Ash, American Mountain Ash, Swamp Hickory, Black Walnut, European Birch, Cutleaved Weeping Birch, and Thornless Honey Locust. Subd. 4. No permit for planting such trees shall be given where the clear space between the curb and the sidewalk is less than three (3) feet. Neither shall a permit be given where the soil is too poor to insure the growth of the .` trees unless the applicant or the owner agrees to excavate a suitable hole of not less than 54 cubic feet, and to replace the material removed with suitable good loam. 32 2-12-80 24.07 Subd. 5 Subd. 5. No such trees shall be planted measuring less than two (2) inches in trunk diameter, one foot above the ground and the lowest branches shall not be over nine and one-half (9i) feet from the ground. Subd. 5. No person, whether licensed or otherwise, shall move any building along any street in such a way as to interfere with or injure any tree or shrub in any street or public ground, including parks and parkways, in the City of Stillwater without a special permit obtained from the Stillwater Park Commission. The application shall specify the building and the proposed route. Subd. 7. All moving of trees and shrubs made necessary for the moving of such building or any other purpose shall be done by the Stillwater Park Commission, or under its supervision, at the expense of the applicant. Should such moving or replanting cause the death of such trees or shrubs the applicant shall deposit at least $10.00 per tree, and as much more as the Stillwater Park Commission may deem necessary to cover the actual expense of removing and replanting, if necessary; to be retained until said tree or one in its place is permanently established. Subd. 8. No building material or any other material of any description shall be piled up against any street tree unless said tree is first sufficiently protected by proper guard to prevent possible injury, and all instructions issued for that purpose by the Stillwater Park Commission must -be promptly complied with by the owner. Subd. 9. No person shall remove, destroy, cut, deface, trim, or in any way injure or interfere with any tree or shrub on any of the avenues, streets or public grounds, including parks and parkways of the City of Stillwater, without a permit from the Stillwater Park Commission. Subd. 10. No person shall hitch or fasten any horse or any other animal to any tree or shrub in any avenue, street or public grounds, including parks and parkways, of the City of Stillwater, nor shall any person suffer or permit any horse or animal to stand or be near enough to such tree or shrub to bite, rub against, or in any manner injure or deface the same. Subd. 11. If any person shall violate any of the provisions of this ordinance he shall, upon conviction thereof, be guilty of a misdemeanor. Subd. 12. It shall be the duty of the Stillwater Park Commission to see that the provisions of this ordinance are obeyed. Subd. 13. The Stillwater Park Commission shall have power to destroy trees in streets, public grounds, highways and parkways if infected by disease or or infested by injurious insects when such destruction is necessary to the protection of other trees. Subd. 14. The Stillwater Park Commission shall have the power to plant, care for, trim and maintain trees in the streets, public grounds, parks, and parkways and highways of the City of Stillwater. 2-12-80 33 24.07 Subd. -_ w Subd. 15. The Stillwater Park Commission shall have the power to remove any wire conduit or other thing ithat burns, cuts or chafes any part of any tree, whether trunk, root or branch, in any street or parkway, in case the owner of the wire shall fail after three days' written notice to take adequate steps to prevent further injury. Subd. 16. No paving of any description shall be laid or maintained by any one between the sidewalk and curb, which shall cut off the air and water from any tree. Iron gates may be installed to cover such open tree spaces, with permission of the Stillwater Park Commission. 24.08. SIGN REGULATION. Subdivision 1. THIS CHAPTER SHALL APPLY TO AREAS WITHIN THE CA -BUSINESS DISTRICT: AND SHALL BE PART OF THE ZONING ORDINANCE. A. DEFINITIONS. 1. "Sign means a structure or design which consists of. a devise, light, lette-, word, model, banner, pennant, parade flag, logo, insignia, or representation whit= advertises, directs or announces a use conducted, goods, products, or available services of facilities. 2. "Wall sign" means any sign painted on, incorporated in or affixed to a building wall. 3. "Free standing sign" means any self supporting sign not attached to a building. 4. "Awning sign" means any sign that is painted on orattachedto an awning. 5. "Projecting sign" means any sign projecting from a building wall. 6. "Temporary sign" a sign placed on a lot or pacel of land not to exceed 60 days out of any twelve month period; and for any extended period granted by express permission of the City Council. 7. "Window sign" means only signs affixed to a window glass or door glass; when not affixed, any interior signage is excluded from regulation by this ordina=-- 8. "Building Identification sign" means any sign that identifies that buildin_ itself rather than a business within the building. 9. "Historical sign" means any sign that is of historical significance or that is an historical resource within the meaning of Minnesota Statutes Chapter 116 B. 10. "Illuminated sign" means a sign, except for a neon sign, which is interna ----- illuminated with an artificial light source. 11. "Address sign" means a sign displaying the street number of a premise. 12. "Graphic design" means any mural or pictoral scene painted on the side of and whi rh mut';— 50.01 CHAPTER 50 SHADE TREE MANAGEMENT 50.01. CONTROL AND PREVENTION OF DUTCH ELM DISEASE AND EPIDEMIC DISEASES OF SHADE TREES. Subdivision 1. DECLARATION OF POLICY. The City Council of Stillwater has determined that the health of the Elm Trees within the municipal limits is threatened by a fatal disease known as Dutch Elm Disease. It has further determined that the loss of Elm Trees and other shade trees growing upon public and private property would substantially depreciate the value of property within the City and impair the safety, good order general welfare, and convenience of the Public. It is declared to be the intention of the Council to control and prevent the spread of this disease and the epidemic diseases of shade trees, and this Ordincnce is enacted for that purpose. Subd. 2. FORESTER. POSITION CREATED. (1) (Alternate # 1) The position of Forester is hereby created within the Engineering Department of the City. (2) (Alternate # 2) Position Created. The powers and duties of the City Forester as set forth in this Ordinance are hereby conferred upon the City Engineer. (3) Duties of Forester. It is the duty of the Forester to coordinate, under the direction and control of the Council, all activities of the municipality relating to the control and prevention of Dutch Elm disease and other epidemic diseases of shade trees, and perform the duties incident to such a program adopted by the Council. Subd. 3. EPIDEMIC DISEASES OF SHADE TREES AND DUTCH ELM DISEASES PROGRAM. (1) It is the intention of the Council of Stillwater to conduct a program of plant pest control pursuant to the authority granted by Minnesota Statutes 1961, Section 18.022. The program is directed specifically at the control and elimination of Dutch Elm disease fungus and elm bark beetles and other epidemic diseases of shade trees and is undertaken at the recommendation of the Commissioner of Agriculture. The City Forester shall act as coordinator between the Commissioner of Agriculture and the Council in the conduct of this program. Subd. 4. NUISANCES DECLARED. (1) The following things are public nuisances whenever they may be found within the City of Stillwater: (a) Any living or standing Elm Tree or part thereof infected to any degree with the Dutch Elm disease fungus Ceratocystis Ulmi (Buisman) Moreau or which harbors any of the elm bark beetles Scolytus Multistriatus (Eichh) or Hylurgopinus Rufipes (Marsh). (b) Any dead Elm tree or part thereof, including logs, branches, stumps, firewood or other Elm material from which the bark has not been removed and burned or sprayed with an effective Elm bark beetle insecticide. (c) Other shade trees with epidemic diseases of shade trees. 247 2-12-80 50.01 Subd. 4 (2) Abatement. It is unlawful for any person to permit any public nuisance as defined in Subdivision 1 to remain on any premises owned or controlled by him within the City of Stillwater. Such nuisances may be abated in the manner prescribed by this ordinance. Subd. 5. INSPECTION AND INVESTIGATION. (1) Annual Inspection. The forester shall inspect all premises and places within the City as often as practicable to determine whether any condition described in Section 5 of this Ordinance exists thereon. He shall investigate all reported incidents of infestation by Dutch Elm Fungus or Elm bark beetles or any other epidemic diseases of shade trees. (2) Entry on Private Premises. The Forester or his duly authorized agents may enter upon private premises at any reasonable time for the purpose of carrying out any of the duties assigned him under this Ordinance. (3) Diagnosis. The Forester shall, upon finding conditions indicating Dutch Elm infestation or other epidemic diseases of shade trees, immediately send appropriate specimens of samples to the Commissioner of Agriculture for analysis, or take such other steps for diagnosis as may be recommended by the Commissioner. Except as provided in Section 8 no action to remove infected trees or wood shall be taken until positive diagnosis of the disease has been made. Subd. 6. ABATEMENT OF EPIDEMIC TREE DISEASE NUISANCES. (1) In abating the nuisances defined in Subd. 5, the Forester shall cause the infected tree or wood to be sprayed, removed, burned, or otherwise effectively treated so as to destroy and prevent as fully as possible the spread of epidemic diseases of shade trees, Dutch Elm disease fungus and elm bark beetles. Such abatement procedures shall be carried out in accordance with current technical and expert opinions and plans as may be designated by the Commissioner of Agriculture. Subd. 7. PROCEDURE FOR REMOVAL OF INFECTED TREES AND WOOD. (1) Whenever the Forester finds with reasonable certainty that the.infestation defined in Subd. 5 exists in any tree or wood in any public or private place in the City, he shall proceed as follows: (a) If the Forester finds that the danger of infestation of other elm trees is not imminent because of elm dormancy, he shall make a written report of his findings to the Council which shall precede by (1) abating the nuisance as a public improvement under Minnesota Statutes Ch. 429 or (2) abating the nuisance as provided in Subd. 2 of this section. (b) If the Forester finds that danger of infestation of other elm trees or other shade trees is imminent, he shall notify the abutting property owner by certified mail that the nuisance will be abated within a specified time, not less than days from the date of mailing such notice. The Forester shall immediately report such action to the Council and after the expiration of the time limited by the notice, he may abate the nuisance. ZIS 2-12-80 50.01 Subd. 7 (2) Upon receipt of the Forester's report required by Subdivision 1, Part A, the Council shall by resolution order the nuisance abated. Before action is taken on such resolution, the Council shall publish notice of its intention to meet to consider taking action to abate the nuisance. This notice shall be mailed to affected property owners and published once no less than one week prior to such meeting. The notice shall state the time and place of the meeting, the streets affected, action proposed, the estimated cost of the abatement, and the proposed basis of assessment, if any, of costs. At such hearing or adjournment thereof, the Council shall hear property owners with reference to the scope and desirability of the proposed project. The Council shall thereafter adopt a resolution confirming the original resolution with such modifications as it considers desirable and provide for the doing of the work by day labor or by contract. (3) The Forester shall keep a record of the costs of abatements done under this Section and shall report monthly to the City Clerk (or other appropriate officer) all work done for which assessments are to be made stating and certifying the description of the land, lots, parcels involved and the amount chargeable to each. (4) On or before September 1 or each year, the Clerk shall list the total unpaid charge for each abatement against each separate lot or parcel to which they are attributable under this Ordinance. The Council may then spread the charges, or any portion thereof, against the property involved as a special assessment under Minnesota Statutes Sec. 429.101, or the City Charter for certification to the County Auditor, and collection the following year along with current taxes. (5) The stockpiling of bark bearing elm wood within the city limits shall be permitted during the period from September 15th through April 1st of any given year. Any such wood not utilized or debarked by April lst of any year must then be removed as provided by this Ordinance. (6) The Council may, by resolution, establish a bark bearing elm wood storage site for use by the general public together with any rules and regulations in furtherance of this purpose, consistent with Minnesota Department of Agriculture rules and regulations. Subd. 8. SPRAYING ELM TREES. (1) Whenever the Forester determines that any elm tree or elm wood within the City is infected with Dutch Elm fungus, he may spray all nearby high value elm trees, with an effective elm bark beetle destroying concentrate. Spraying activities authorized by this Section shall be conducted in accordance with technical and expert opinions and plans of the Commissioner of Agriculture and under the supervision of the Commissioner and his agents whenever possible. (2) The notice provisions of Subd. 7 apply to spraying operations conducted under this Section. 249 2-12-80 50.01 Subd. 9 Subd. 9. TRANSPORTING ELM WOOD PROHIBITED. It is unlawful for any person to transport within the City any barkbearing elm wood, which is known by the Forester to be infected or suspected of being infected, without having obtained a permit from the Forester. The Forester shall grant such permits only when the purposes of this Ordinance will be served thereby. Subd. 10. INTERFERENCE PROHIBITED. It is unlawful for any person to prevent, delay or interfere with the Forester or his agent while they are engaged in the performance of duties imposed by this Ordinance. Subd. 11. PENALTY. Any firm or corporation who violates Subd. 10 of this Ordinance is guilty of a misdemeanor. 2-12-80 250