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HomeMy WebLinkAboutOrd. 214 - Shade Tree Preservation & Disease Prevention CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 214 An ordinance repealing Ordinance No. 29, adopted August 11, 1975; Ordinance No, 29A, adopted November 6, 1979; Ordinance No, 29B, adopted February 7, 1989; and Ordinance No. 29C, adopted July 7, 1992. AN ORDINANCE RELATING TO THE PRESERVATION OF SHADE TREES AND THE PREVENTION OF EPIDEMIC DISEASES ASSOCIATED WITH SHADE TREES WITlllN THE CITY OF ANDOVER. Section 1, Declaration of Policy. The City COWlcil of the City of Andover has determined that the health of the elm, pine and oak trees within the City are threatened by fatal diseases known as Dutch Elm disease, Oak Wilt disease and Pine Bark Beetle (Ips Pini). It has further determined that the loss of Elm, Oak and Pine 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 City COWlcil to preserve shade trees as well as to control and prevent the spread of these diseases and other epidemic diseases of shade trees by enacting this ordinance in conjWlction with the Tree Preservation Policy, Section 2. Positions Created. 2.1 Forester. The position of Forester is hereby created within the City. 2.2 Tree Inspector. The position of Tree Inspector is hereby created within the City, The Tree Inspector must be certified by the Minnesota Commissioner of Agriculture. 2,3 Duties of Forester or Tree Inspector. It is the duty of the Forester/Tree Inspector to coordinate, Wlder the direction and control of the COWlcil, all activities of the City relating to the control and prevention of Dutch Elm and Oak Wilt diseases, the spread of the Pine Bark (Ips Pini) Beetle, and other epidemic diseases of shade trees. Section 3. Tree Commission, 3.1 Commission Created. The City Council hereby authorizes the establishment of a Tree Commission which shall consist of seven (7) members who are residents of the City and who shall be appointed by the Mayor with the approval of the City Council. Three (3) members shall serve a one (I) year term and four (4) members shall serve a two (2) year term. Each succeeding term shall be for two (2) years. Each member is eligible for re-appointment at the end of their term. Members of the Commission shall serve without compensation. 3.2 Duties of Tree Commission. The Tree Commission will assist the ForesterlTree Inspector in establishing and prioritizing control areas, promulgate rules, regulations, standards and specifications to be approved by the City Council, and advise the City Council of appropriate actions. Section 4. Epidemic Disease Program. 4.1 Intent. It is the intention of the Council to conduct a program of plant pest control pursuant to the authority granted by Minnesota Statutes 1961, Section 18.022, as amended, directed at the control and elimination of Dutch Elm and Oak Wilt disease fungus, and Pine Bark Beetles, and elimination of other tree diseases, and is undertaken at the recommendation of the Minnesota Commissioner of Agriculture. Section 5. Nuisances Declared. 5.1 Nuisances. The following are public nuisances wherever they may be found within the City of Andover: 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 Multistreatus (Eichh) or Hylungopinus 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 or sprayed with an effective elm bark beetle insecticide, except that the stockpiling of bark bearing elm wood shall be permitted during the period from September 15th to April 1st of any year. C. Any living or standing northern red oak, Quercus Rubra, northern pin oak, Quercus Ellipsoidalis, black oak, Quercus Velutina, and scarlet oak, Quercus Coccinea or part thereof infected to any degree with the oak wilt disease Ceratocystis Fagacearum. D. Any living or standing white oak, Quercus alba, bur oak, Quercus macrocarpa, and swamp white oak, Quercus bicolor that poses a threat of transmission of the oak wilt fungus to other trees of the same species through interconnected root systems. 2 E. Any diseased material of the red oak group wilting in July or August of one year declared to be hazardous the following spring, from April 15 until July 1. F. Any recently cut pine tree slash that is or is not part of a slash treatment for trapping Ips Pini. Section 6. Inspection and Investigation. 6.1 Annual Inspection. The Forester/Tree Inspector shall inspect all premises and places within the City of Andover as often as practicable to determine whether any condition described in Section 5 exists thereon. A. The ForesterlTree Inspector shall investigate all reported incidents of infestation by Dutch Elm fungus or elm disease on all those premises and places within the City at least three (3) times during the growing season to determine whether any condition described in Section 5 (A) and (B) exists. B. The ForesterlTree Inspector shall investigate all reported incidents, premises and places of infestation by oak wilt, pine bark beetles or other diseases of shade trees as many times as necessary to determine whether any condition described in Section 5 (C-E) exists. 6.2 Entry on Private Premises. The ForesterlTree Inspector or its duly authorized agents may enter upon private premises at any reasonable time for the purpose of carrying out any of the duties assigned to them under this ordinance, 6.3 Diagnosis. A. City ForesterlTree Inspector shall make the initial identification of an infected area whenever possible. B. The property owner or contractor, as advised by the Forester/Tree Inspector, shall within forty-eight (48) hours send appropriate specimens or samples to the Minnesota Commissioner of Agriculture, University of Minnesota or any State certified testing lab for analysis. Except as provided in Section 8, no action to remove infected trees or sod shall be taken until positive diagnosis of the disease has been made. C. It is the responsibility of the property owner or contractor to notify the City of the results ofthe diagnosis in writing. Notification to the City must be done within seven (7) days of receipt of the diagnosis. 3 Section 7. Abatement Of Epidemic Tree Disease Nuisances. In abating the nuisance defined in Section 5, the ForesterfTree Inspector shall cause the infected tree or wood to be sprayed, removed, burned (by permit only), chipped or otherwise effectively treated so as to destroy and prevent as fully as possible the spread of epidemic diseases of shade trees, including, but not limited to, the Dutch Elm disease and the associated elm bark beetles, Oak Wilt disease fungus, or Pine Bark beetles. To prevent root graft transmission of the diseases, a barrier may be created between diseased and healthy trees, either by treating the soil surrounding the trees with a chemical approved by the Minnesota Department of Agriculture or the University of Minnesota, or by digging a trench at least fifty-two (52) inches deep in the soil to isolate the diseased trees as recommended by the Department of Agriculture or University of Minnesota. Such abatement procedure shall be carried out in accordance with current technical and expert opinions and plans as may be designated by the Minnesota Commissioner of Agriculture or University of Minnesota. 7.1 Abatement. It is unlawful for any person(s) to permit the spread of a public nuisance as defined in this ordinance across his or her property lines and in any specified control areas as established by the City. Such nuisances may be abated in the manner prescribed in Section 8. Section 8. Procedure for Abatement ofInfected Trees and Wood. 8.1 Written Notification and Prescription, If the diseased tree nuisance as described in Section 5, Subdivision 1 (A-E) is located on private property the Forester/Tree inspector shall send a written notification and prescription to the owner of said property. It shall be the obligation of the property owner to carry out the prescribed abatement procedure(s) within twenty (20) days from the date of receipt of the notification from the City unless a written exception is granted by the Forester/Tree Inspector because of unforeseen physical limitations resulting from excessive numbers of diseased trees occurring on said property or other unforeseen hardships as determined by the ForesterfTree Inspector. Such decision may be appealed to the Tree Commission. If the owner fails to follow the prescription within the designated time period, the Forester/Tree Inspector shall notify the property owner by mail that the Foresterllnspector will contract for the abatement of the nuisance. 4 8.2 Contract Costs/Charges. The Forester/Tree Inspector shall then proceed to contract for the prescribed abatement procedure as soon as possible and shall report to the City Clerk all charges resulting from the abatement procedures carried out on such private property, The City Clerk shall list all such charges along with a City administrative cost against each separate lot or parcel by September 1 of each year as special assessments to be collected commencing with the following year's taxes. Administrative costs as set by City Council resolution shall be assessed for each parcel and shall be added to each assessment. 8,3 Imminent Danger ofInfestation. If the Foresterllnspector finds that danger of infestation of epidemic diseases in shade trees is imminent, helshe shall notify the abutting property owners by mail that the nuisance will be abated within a specified time. 8.4 Boulevard Trees. In the case of existing boulevard trees, notices will be mailed to the owner of the abutting property as previously described in Section 8, Subd. 1 and 2. The owner of said property shall abate the nuisance. 8.5 Stump Removal. Stumps from infected trees on boulevards shall be removed by a machine, grinding up stumps to six (6") inches below ground level, or digging up the total stump. The removal of stumps shall occur within six (6) months of notification by the Forester/Tree Inspector. M..Assessments. All assessments levied for the repayment of tree disease abatement cost may be repaid over a five (5) year period. Such assessments shall be levied under authority granted by Minnesota Statutes 429.101. Section 9. Spraying Trees. Whenever the Forester/Tree Inspector determines that any tree or wood within the City of Andover is infected with disease, helshe may require spraying all nearby high value trees with an effective disease destroying concentrate. Spraying activities authorized by this Section shall be conducted in accordance with technical and expert opinions and plans of the University of Minnesota or the Minnesota Commissioner of Agriculture and under the supervision of the University of Minnesota or the Minnesota Commissioner of Agriculture, or agents thereof, whenever possible. Section 10. Transporting Wood Prohibited (Epidemic Diseased Wood). It is unlawful for any person to transport within the City any diseased wood that is determined to be hazardous as described in Section 5, without having obtained a permit from the Forester/Tree Inspector. The Foresterffree Inspector shall grant such permits only when the purpose of this ordinance will be served thereby. The transportation of diseased wood within the City to an approved disposal site shall be allowed without a permit. 5 Section 11. License Requirements. It shall be unlawful for any individual, partnership or corporation to conduct as a business for profit the cutting, trimming, pruning, removing, spraying or otherwise treating of trees, shrubs or vines in the City of Andover without first having secured a license from the City to conduct such business. 11.1 Application. Application for a license under this ordinance shall be made at the office of the City Clerk of the City. Fees shall be set by City Council resolution. 11.2 Application Form. The application for a license shall be made on a form approved by the City which shows, among other things, the name and address of the applicant, the number and names of the employees of the applicant, the number of vehicles of the applicant, together with a description and license number of each, and the type of equipment proposed to be used. 11.3 Liability Insurance. No license or renewal of a license shall be granted, nor shall the same be effective, until the applicant has filed with the City Clerk a Certificate of Insurance evidencing the holding of liability insurance and the limits required by Minnesota State Statutes and proof of Worker's Compensation Insurance. A. The City shall be named and the insurance provided shall include the City as an additional party insured. Said policy shall provide that it may not be canceled by the insurer except after ten (10) days written notice to the City, and if such insurance is so canceled and licensee shall fail to replace the same with another policy conforming to the provisions of this ordinance, said license shall be automatically suspended until such insurance shall have been replaced. 11.4 Chemical Treatment Requirements. Applicants who propose to use chemical substances in any activity related to treatment or disease control of trees, shrubs or vines shall file with the City Clerk proof that the applicant or an employee of the applicant administering such treatment has been certified by the Agronomy Division of the Minnesota Department of Agriculture as a "commercial pesticide applicator". Such certification shall include knowledge of tree disease chemical treatment. Section 12. Protection of Trees. A Tree Protection Plan is to be submitted by all developers, builders and soil disturbance project area facilitators in accordance with the City of Andover Tree Preservation Policy. 6 Section 13. Required Tree Plantings. For lots of record created after the adoption of this ordinance, it shall be the responsibility of the builder of the home constructed on said lot to plant a minimum of one (1) live and healthy, deciduous tree. Said tree shall be at least two and one half (2 1/2) inches in diameter and six (6) feet in height (measured at ground level after planting). Said tree shall be planted between the months of May and October and its species and/and or type shall be approved by the City Administrator or designee. Said planted tree shall be located in the front yard and shall be placed at least five (5) feet from all property lines and driveways. Any tree planted shall be replaced if it appears to be dying within one (1) year of planting by the person and/or builder responsible for the planting. The builder shall escrow 150% of the cost of tree replacement when tree(s) and weather conditions do not allow the tree(s) to be.planted at the time of the development or construction. The requirements in this Section shall not apply to a builder if a tree is preserved on the property that meets the requirements listed above. Section 14. Interference Prohibited. It is unlawful for any person to prevent, delay or interfere with the Forester/Tree Inspector or their designated agents while they are engaged in the performance of the duties imposed by this ordinance. SecJion 15. Severability. If any section, subdivision, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The Council hereby declares that it would have passed this ordinance, any section, subdivision, sentence, clause or phrase thereof, irrespective of the fact that anyone or more sections, subdivisions, sentences, clauses or phrases be declared unconstitutional. Section 16. Penalty. Any person, firm or corporation who violates any section of this ordinance shall be guilty of a misdemeanor and upon conviction thereof, shall be punished as defined by State Law. 7 Section 17. Effective Date: This ordinance is effective from and after its passage and publication, Adopted by the City Council of the City of Andover this 6th day of~, 1997. ATTEST: CITY OF ANDOVER u~ ttLL Victoria V olk, City Clerk ,f~ 8 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 214A AN AMENDMENT TO ORDINANCE NO, 214 RELATING TO THE PRESERVATION OF SHADE TREES AND THE PREVENTION OF EPIDEMIC DISEASES ASSOCIATED WITH SHADE TREES WITHIN THE CITY OF ANDOVER. The City Council of the City of Andover does hereby ordain: Ordinance No. 214 is amended as follows: Section 13. Required Tree Plantings is deleted in its entirety. All other Section shall be renumbered and the language contained shall remain the same. Adopted by the City Council of the City of Andover on this 1st day of July, 1997. ATTEST: CITY OF ANDOVER -~~ Victoria V olk, City Clerk {J. ~. ~ K.eAJAA tfR McKelvey, MayO~ -, CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 214A AN AMENDMENT TO ORDINANCE NO. 214 RELATING TO THE PRESERVATION OF SHADE TREES AND THE PREVENTION OF EPIDEMIC DISEASES ASSOCIATED WITH SHADE TREES WITHIN THE CITY OF ANDOVER. The City Council of the City of Andover does hereby ordain: Ordinance No. 214 is amended as follows: Section 13. Required Tree Plantings is deleted in its entirety. All other Section shall be renumbered and the language contained shall remain the same. Adopted by the City Council of the City of Andover on this ~ day of July, 1997. ATTEST: CITY OF ANDOVER 'd;:6-Ajd~ Victoria Volk, City Clerk j. ~ MvJ,{~~ dE, McKelvey, May CITY OF ANDOVER COUNTY OF ANOKA STATE OF NrnNNESOTA ORDINANCE NO. 214B AN ORDINANCE AMENDING ORDINANCE 114, TREE PRESERVATION THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: SECTION 13, REOUlRED TREE PLANTINGS For lots of record created after the adoption ofthis ordinance. it shall be the responsibility of the developer of said lot to plant a minimum of two (2) live trees or 1 tree per 50 feet oflot width at the boulevard in the front vard. whichever is greater UP to a maximum of four required trees. Said trees shall be at least two and one half (2 Yz) inches in diameter and six feet in height as measured at ground level after the trees are planted. Said tree shall be planted between the months of May and October and its species and/or type shall be on the list approved bv the City. - The developer is required to escrow 150% of the cost of tree installation with a performance bond or irrevocable letter of credit. Landscaping improvements may not be deemed complete until the city has verified survivability of all required plantings through one winter season. which is defined for the purpose of this chapter as the period 31 October through 31 Mav. The requirements in this section shall not apply to a developer if the minimum number of trees prescribed bv this section are preserved in the front vard of the property and the trees meet the requirements listed above. SECTION Y. 14. INTERFERENCE PROHIBITED. It is unlawful for any person to prevent, delay or interfere with the Forester/Tree Inspector or their designated agents while they are engaged in the performance of the duties imposed by this ordinance. (Amendment 2l4A, 07/01197) SECTION 14, 15, SEVERABILITY. If any section, subdivision, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The Council hereby declares that it would have passed this ordinance, any section, subdivision, sentence, clause or phrase thereof, irrespective ofthe fact that anyone or more sections, subdivisions, sentences, clauses or phrases be declared unconstitutional. SECTION !S. 16, PENAL TV. Any person, firm or corporation who violates any section of this ordinance shall be guilty of a misdemeanor and upon conviction thereof, shall be punished as defined by State Law. SECTION M.17, EFFECTIVE DATE: This ordinance is effective from and after its passage and publication. All other sections of this ordinance shall remain as written and adopted by the Andover City Council. Adopted by the City Council of the City of Andover this 17th day of July, 2001. ATTEST: CITY OF ANDOVER d;t;;w tUb Victoria V olk, City Clerk CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 214C AN ORDINANCE AMENDING SECTIONS 5 AND 13 OF ORDINANCE 214 RELATING TO THE SIZE REQUIREMENTS OF SHADE TREES AND THE PREVENTION OF EPIDEMIC DISEASES ASSOCIATED WITH SHADE TREES WITHIN THE CITY OF ANDOVER. THE CITY COUNCIL OF THE CITY OF ANDOVER DOES HEREBY ORDAIN AS FOLLOWS: (Underlined sections are new language, words striken out shall be removed.) SECTION 5. NUISANCES DECLARED. 5.1 Nuisances. The following are public nuisances wherever they may be found within the City of Andover: 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 Multistreatus (Eichh) or Hylungopinus 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 or sprayed with an effective elm bark beetle insecticide, except that the stockpiling of bark bearing elm wood shall be permitted during the period from September 15th to April 1st of any year. C. Any living or standing northern red oak, Quercus Rubra, northern pin oak, Quercus Ellipsoidalis, black oak, Quercus Velutina, and scarlet oak, Quercus Coccinea or part thereof infected to any degree with the oak wilt disease Ceratocystis Fagacearum. D. Any living or standing white oak, Quercus alba, bur oak, Quercus macrocarpa, and swamp white oak, Quercus bicolor that poses a threat of transmission of the oak wilt fungus to other trees of the same species through interconnected root systems. E. Any diseased material of the red oak group wilting in July or August of one year declared to be hazardous the following spring, from April 15 until July 1. F. Any recently cut pine tree slash that is or is not part of a slash treatment for trapping Ips Pini. G, Anv standinl! pine tree that is infected with Ips Pini. SECTION 13. REQUIRED TREE PLANTINGS. For lots ofrecord created after the adoption of this ordinance, it shall be the responsibility of the developer of said lot to plant a minimum of two (2) live trees or 1 tree per 50 feet of lot width at the boulevard in the front yard, whichever is greater up to a maximum of four required trees. Said trees shall be at least one and three fourths (1 %) two and ono half (2 ~~ ) inches in diameter and six feet in height as measured at ground level after the trees are planted. Said tree shall be planted between the months of May and October and its species and/or type shall be on the list approved by the City. The developer is required to escrow 150% of the cost of tree installation with a performance bond or irrevocable letter of credit. Landscaping improvements may not be deemed complete until the city has verified survivability of all required plantings through one winter season, which is defined for the purpose of this chapter as the period 21 October through 31 May. The requirements in this section shall not apply to a developer if the minimum number of trees prescribed by this section are preserved in the front yard of the property and the trees meet the requirements listed above. (Amendment 214B, 07/17/01) Adopted by the City Council of the City of Andover this 3rd day of September, 2002. ATTEST: CITY OF ANDOVER ~~A..L lchael . Gamache, Mayor ~()~ Victoria Volk, City Clerk