HomeMy WebLinkAboutOrd. 305 - Shade Trees
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 305
AN O~DINANCE AMENDING CITY CODE 4-3, SHADE TREES.
4-3-1: DECLARATION OF POLICY:
The City Council has determined that the health of tile elm, pine and oak trees
within the City are threatened by fatal diseases known as Dutch elm disease, oak
wilt 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 Council 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 chapter in conjunction with the Tree Preservation Policy.
(Amended Ord. 214,5-6-1997)
4-3-2: NATURAL RESOURCES TECHNICIAN (NRT):
A. Positions Created: The position of Natural Resources Technician is hereby
created within the City. The NRT must be 2 Certified Tree Inspector (CTI) as
determined by the Minnesota Commissioner of Agriculture.
B. Duties: It is the duty of the NRT to coordinate, under the direction and control
of the Council, all activities of the City relating to the control and prevention of
Dutch elm disease and oak wilt, the spread of the pine bark (lpG pin i) beetle,
and other epidemic diseases of shade trees. The NRT will be responsible for
establishino and prioritizino control areas. promulaate rules, reoulations,
standards and specifications to be approved bv the City Council. and advise
the City Council of appropriate actions. (Amended Ord. 214,5-6-1997; amd.
2003 Code;)
C. Interference Prohibited: It is unlawful for any person to prevent, delay or
interfere with the NRT or their desionee their designated agent while they :lre
engaged in the performance of the duties imposed by this chapter. (Amended
Ord. 214, 5-6-1997; amd. 2003 Code)
4 3 ~: TREE COMMISSION:
1
/\. Commission Created; /\ppointment: The City Counoil hereby authorizes the
establishment of a tree oommission '....hich shall ooncict of seven (7) members
who are residents of the City and 'Nho chall be appointed by the m3yor with
the appro':31 of the City Counoil.
B. Terms Of Offioe: Initblly, three (3) members shall sOl've a one ye3r tonn, and
four (1) members challserve a 1:\"0 (2) year term. Eaoh cuooeeding term chall
be f<>r 1:\...0 (2) Y03rs. Eaoh member is eligible for reappointment at the end of
his/her term.
C. Compensation: Members of the oommission shall serve without
oompencation. (/'-mended Ord. 211, 5 6 1997)
D. Duties: The troe oommission will assist the NRT in establishing and prioritizing
control areas, promulgate rules, regulations, standards and specifications to
be approved by the City Counoil, 3nd advice the City Counoil of appropriate
3ctions. (.A,mended Ord. 211, 5 6 1997; 3md. 2003 Code)
4-3-4: TREE CONTRACTORS:
A. License Required: 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
without first having secured a license from the City to conduct such business.
B. Application For License: Application for a license under this chapter shall be
made at the office of the City Clerk. 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.
C. Insurance Requirements: 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 statutes and proof of workers' compensation
insurance. 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 chapter, said
license shall be automatically suspended until such insurance shall have
been replaced. (Amended Ord. 214, 5-6-1997)
2
D. License Fees: Fees shall be in such amounts as set forth by city code
ordinanoe 2e . (Amended Ord. 214,5-6-1997; amd. 2003 Code)
E. 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. (Amended Ord. 214, 5-6-1997)
4-3-5: EPIDEMIC DISEASE PROGRAM:
It is the intention of the Council to conduct a program of plant pest control
pursuant to the authority granted by Minnesota statutes section 18.022, as
amended, directed at the control and elimination of Dutch elm disease, aRE! oak
wilt disease, fuAW, and pine bark beetles, and elimination of other tree diseases,
and is undertaken at the recommendation of the Minnesota Commissioner of
Agriculture. (Amended Ord. 214, 5-6-1997)
4-3-6: NUISANCES DECLARED:
The following are public nuisances 'Nhcrc'Ier they may be found within tho oity:
A. Any li'.'ing or standing elm tree or part thereof infected to any degree with
either of two species of the Dutch elm disease funQi fungus, Ophiostoma ulmi
and Ophiostoma novo-ulmi Ceratocystis ulmi (BLlisman) More~lU, 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 not properlv covered and sealed from which the bark
has not been removed or sprayed with an effective elm bark beetle
insecticide; except, that the stockpiling of uncovered bark bearing elm wood
shall be permitted during the period from September 15 to April 1 of any year.
C. Any living or standing northern red oak (Quercus rubra), northern pine oak
(Quercus ellipsoidalis), black oak (Quercus velutina), and scarlet oak
(Quercus coccinea), or part thereof, infected to any degree with the oak wilt
disease fuAgf, 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 disease fungus to other trees of the same species
through interconnected root systems.
3
E. Any diseased material of the red oak group that is potentially spore-producinq
(PSP). wilting in July or August of one year declared to be hazardous the
following cpring, from ,^.pril15 until July 1.
F, Any standinq pine tree infected with the pine bark beetles. Ips pini. Ips perroti
or Ips qrandicollis . recently cut pine tree slash that is or is not part of a slash
treatment for trapping (pc pini. (Amended Ord. 214,5-6-1997)
G. Any standina dead pine tree that has been dead under one and one half (1 Yz)
years.
H. Any exposed pine tree slash or loas cut from live trees or from trees that have
been dead under one and one half (1 Yz) years.
4-3-7: NUISANCES PROHIBITED:
It is unlawful for any person to permit the spread of a public nuisance as defined
in this chapter across his or her property lines and in any specified control areas
as established by the City. Such nuisances shall may be abated in the manner
prescribed in section 4-3-10 of this chapter. (Amended Ord. 214, 5-6-1997)
4-3-8: INSPECTIONS AND INVESTIGATIONS:
A. Annual Inspections and Investigations Required:
1. The NRT shall inspect all premises and places within the city as often as
practicable to determine whether any condition described in section 4-3-6
of this chapter exists thereon.
2. The NRT shall investiaate all reported incidents of infestation of Dutch elm
disease. oak wilt. pine bark beetle. or other diseases of shade trees as
necessary to determine whether any condition described in section 4-3-6
exists.
2. The natural resouroes technician shall investigate all reported incidents of
infestation by Dutoh elm fungus or elm dicease on all those premiseG and
places within the city at leaGt three (3) timec during the growing season to
determine whether any condition described in subsections '1 3 6A and '1 3 68
exists.
3. The natural resources t-cchnician shall in'.<estigate all reported incidents,
premises and places of infestation by oak wilt, pine bark beetles or other
diseases of shade tFCec as many times as necessal)' to determine whether
any condition deccribed in subcectionc '1 3 6C through E exicts.
4
B. Entry Powers: The NRT or their desiqnee duly authorized 3gents may enter
upon private premises at any reasonable time for the purpose of carrying out
any of the duties assigned to them under this chapter.
C. Diagnoses:
1. The NRT shall make the initial identification of an infected area whenever
possible.
2. The property O'Nner or contractor, ao advised by the NRT may shall, '....ithin
forty eight (18) 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 .1 3 10 of thio
chapter, no action to remove inroc-tcd trees or sod shall be taken until positive
diagnosis of the disease has been made.
3. A property owner or contractor who becomes aware of any condition
described in section 4-3-6 shall notify the NRT within seven (7) days.
3. It is the responsibility of the property o.....ner or contr3ctor to notify the city of
the resulto of the diagnosis in writing. Notification to the city must be done
within se'.'en (7) days of reoeipt of the dbgnosis. (Amended Ord. 214, 5-6-
1997; amd. 2003 Code)
4-3-9: ABATEMENT BY CITY OF EPIDEMIC TREE DISEASE NUISANCES:
A. No person shall allow, permit the spread of, or fail to abate a public
nuisance as defined in this code. Such nuisances shall be abated in the
manner prescribed in this code.
B. The NRT shall enforce the treatment of nuisances by requiring the
performance of one or more of the following tasks in order to destroy and
prevent the spread of epidemic diseases of shade trees, including, but not
limited to, Dutch elm disease, oak wilt disease, or pine bark beetle. Such
abatement procedures 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 the University of Minnesota.
Abatement procedures are as follows:
5
1. Root Qraft barrier installation (vibratory plowinQ or trenchinQ) at least
48 inches deep in the soil to isolate the diseased trees:
2. Removal of trees:
3. Stump qrindinQ
4. Burninq, chippinQ. debarkinq or properly coverinQ and sealinq the
potentially hazardous wood and/or stumps:
5. Funqicide iniections into healthy and/or infected oaks or elms with the
appropriate chemical to avoid or minimize the effects of oak wilt or
Dutch elm disease:
6. SprayinQ the infected trees and/or all nearby hiqh value trees with an
effective disease destroyinq concentrate:
7. Other treatment methods as approved by the NRT
A In abating the nuisance defined in section 4 3 6 of this chapter, the natural
resources teohnici::m shall cause the infected tree or '....ood to be sprayed,
removed, burned (by permit only), ohipped or otherv:ise effectively treated so
ac to destroy and pre'Jent as fully as possible the spread of epidemio
diseases of sh3de trees, including, but not limited to, the Dutoh elm diseace
and the assooiated elm bark beetles, oak wilt, or pine b3rk beetles. (.^,mended
Ord. 214,56 1997; amd. 2003 Code)
8. To prevent root graft transmiccion of the diseases, a barrier may be oreated
bef1....een diseased and healthy trees, either by treating the soil surrounding
the trees with a chemical approved by the Minnesota department of
agriculture or the univercity of Minnesota, or by digging a trench at least fifty
tv.-o inohee (52") deep in the soil to ieolate the diseased treee as
reoommended by the department of agrioulture or university of Minnesota.
Such abatement prooedure shall be carried out in aooordanoe with current
technioal and expert opinions and plans ac may be decignated by the
Minnesota oommissioner of agrioulture or uni'.'ersity of Minnesota. (/\mended
Ord. 214, 5 6 1997)
4-3-10: PROCEDURE FOR ABATEMENT OF INFECTED TREES AND WOOD:
A. Upon the determination of conditions constitutinq a nuisance as described in
Section 6 of this code located on property within the City of Andover. excludinQ
City property. the NRT shall declare the existence of a public nuisance and order
abatement thereof. The NRT shall send written notification to the owner of the
nuisance declaration and the necessary abatement procedures. A property
owner who disaQrees with the determination of the NRT may appeal the
determination to the City Council. Such appeal must be filed in writinQ with the
City Clerk and within ten (10) days of receipt of notice of the determination by the
NRT. The City Council shall consider the appeal at the next scheduled reQular
City Council meetinq. The City Council shall affirm, reverse or modify the
determination.
6
/\. Notioe To Abate; Time For !\batement: If the diceased tree nuisanoe as
desoribed in subsections -1 3 6/\ through E of this chapter is locatnd on
private property, the Natural Resources Technician sh::111 send ::1 \...ritten
notification and presoription to the o'....ner of said property. It shall be the
obligation of the property o'....ner to oarry out the prescribed abatement
procedures v:ithin twonty (20) days from the date of receipt of the notification
from the city unless a '::ritten exoeption is granted by the N::1tural Resourooc
Technician becauso of unforeseen physical limitations resulting from
oxcescive numbors of diseased trees ocourring on said property or other
unforeseen h::1rdships as determined by the Natural Resources Technician.
Such deoision may be ::1ppealed to tho tree commission.
B. Failure To /\b::1te; Contract For .^.batnmont; Costs: Should a property owner
fail to abate the nuisance. or be unwillinQ or unable to abate the nuisance. as
prescribed by the NRT,
1. If the owner fails to follo'/: the prescription within the designated time
period, the Natural Resources Technician chall notify the property owner by
m::1il that the n3tur::11 resources technioi::1n will oontract f-or the 3b::1tement of
the nuisance.
2.,. the NRT or their desiQnee 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 ordinance
shall be assessed for each parcel and shall be added to each assessment.
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 section 429.101.
C. Imminent Danger Of Infestation: If the NRT finds that danger of infestation of
epidemic diseases in shade trees is imminent, the NRT he/she shall notify the
abutting property owners by mail that the nuisance shall will be abated within
a specified time.
D. Boule'l::1rd Trees:
1. In the case of existing boulevard trees, notices will be m::1iled to the owner
of the abutting property as previously described in subsections A and B of this
section. The owner of said property sh::111 abate tho nuisance.
7
2. Stumps from infected trees on boulovardo shall be removed by a machine,
grinding up stumps to six inches (6") belm" ground lovel or digging up the
total ctump. The remo'J31 of ctumpo shall occur within six (6) months of
notific3tion by the n3tural resources technician. (Amended Ord. 214, 5 6
1997; amd. 2003 Code)
4-3-11: SPRA YI NG TREES:
Whenever the NRT determines that any tree or wood within the City is infected
with disease, the NRT he/she may require spraying of all nearby high value
trees, as determined bv the NRT, 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. (Amended Ord. 214, 5-6-1997;
amd. 2003 Code)
4-3-12: TRANSPORTING 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 but not limited to section 4-3-6 of
this chapter, without takinq the appropriate precautions. having obtained a permit
from the NRT. The NRT Sh311 grant such permits only .....hen the purpose of this
chapter '....i11 be served thereby. The tr:msportation of diseased wood within the
Cit}' to an approved disposal site shall be allowed without a permit. (Amended
Ord. 214, 5-6-1997; amd. 2003 Code)
4-3-13: REQUIREMENTS FOR DEVELOPERS:
A. 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 Tree Preservation Policy. (Amended Ord. 214, 5-6-
1997)
B. Required Tree Plantings:
1. Tree Planting Required; Specifications: For lots of record created after the
adoption of this chapter, it shall be the responsibility of the developer of said
lot to plant a minimum of two (2) live trees or one tree per fifty feet (50') of lot
width at the boulevard in the front yard, whichever is greater, up to a
maximum of four (4) required trees. Said trees shall be at least one and three-
fourths inches (1 3/4") in diameter and six feet (6') in height as measured at
ground level after the trees are planted. Said tree shall be planted between
the months of April May and October, and its species and/or type shall be on
8
the list approved by the City. (Amended Ord. 214, 5-6-1997; amd. 2003
Code)
2. Cash Escrow &AG Or Letter Of Credit: The developer is required to
escrow an amount based on the City code fee schedule one hundred fifty
percent (150%) for the cost of tree installation with a cash escrow
perf-orm~mce 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 October 31 through May 31.
3. Exemptions: The requirements in this subsection shall not apply to a
developer if the minimum number of trees prescribed by this subsection are
preserved in the front yard of the property and the trees meet the
requirements listed above. (Amended Ord. 214, 5-6-1997)
4-3-14: VIOLATION; PENALTY:
Any person, firm or corporation who violates any section of this chapter shall be
guilty of a misdemeanor and, upon conviction thereof, shall be subiect to a
misdemeanor penalty punished as then defined by Minnesota state law.
Additionally. the City may exercise any civil remedy available under Minnesota
law for the enforcement of this code includinq civil action. mandamus. iniunctive
relief. declaratory action. or the levvinq of assessments. (Amended Ord. 214,5-
6-1997)
Adopted by the City Council of the City of Andover this 24th day of February, 2004.
CITY OF ANDOVER
Attest:
~ IJLb
Victoria V olk - City Clerk
9