HomeMy WebLinkAbout2013-09-16 ENR Packet
AGENDA
CITY OF MAPLEWOOD
ENVIRONMENTAL AND NATURAL RESOURCE COMMISSION
Monday,September 16, 2013
7 p.m.
Council Chambers - Maplewood City Hall
1830 County Road B East
1.Call to Order
2.Roll Call
3.Approval of Agenda
4.Approval ofMinutes:
a.July 15, 2013
5.New Business
a.Tree Policies – Updates to Tree Ordinance and Policies
6.Unfinished Business
7.Visitor Presentations
8.Commission Presentations
9.Staff Presentations
a.September 9, 2013, City Council Meeting Update – Subsurface Sewage
Treatment System Ordinance, Maplewood Residential Recycling Program, Fall
Clean Up Campaign, Commission Appointments
b.Commission Appreciation Event – September 26
c.Maplewood Nature Center Programs
10.Adjourn
Agenda Item 4a
MINUTES
CITY OF MAPLEWOOD
ENVIRONMENTAL AND NATURAL RESOURCES COMMISSION
7:00 p.m., Monday,July 15, 2013
Council Chambers, City Hall
1830 County Road B East
1. CALL TO ORDER
A meeting of the Environmental and Natural Resources Commission was called to order at 7:01
p.m.by Chair Johannessen.
2. ROLL CALL
Absent
Randee Edmundson, Commissioner
Judith Johannessen, Chair Present
Absent
Carol Mason Sherrill, Commissioner
Ann Palzer, Vice Chair Present
Cindy Schafer, Commissioner Present
Dale Trippler, Commissioner Present
Ginny Yingling, Commissioner Present
Staff Present
Shann Finwall, Environmental Planner
Ginny Gaynor, Natural Resource Coordinator
Jim Taylor, Parks Director
City Council Liaison Present
Kathleen Juenemann, City Councilmember
3. APPROVAL OF AGENDA
Staff added 9.c. - ENR CommissionReappointments and 9d. - GreenStep Cities Award.
Commissioner Yingling added 8.a. - Fish Creek update and 8.b. - Geothermal Heating Systems.
Commissioner Trippler moved to approve the agenda as amended.
Seconded by CommissionerYingling. Ayes – All
The motion passed.
4. APPROVAL OF MINUTES
CommissionerYinglingmoved to approve the June 17,2013, Environmental and Natural
Resources Commission Meeting Minutes as submitted.
Seconded by CommissionerSchafer. Ayes – All
The motion passed.
5.UNFINISHEDBUSINESS
a.Subsurface Sewage Treatment Systems Ordinance
i.Environmental Planner, Shann Finwall introduced the item.
ii.Engineer, BrianMalm with Bolton & Menk, Inc.,gave the presentation and
addressed and answered questions of the commissionon the subsurface sewage
treatment systems ordinance.
The commission discussed the following:
We should have an appeal process for homeowners whose septic system permits are
denied due to location, etc. Staff indicates that the septic system will be reviewed in
order to ensure it meets state and city requirements. If they want to place a septic
system closer to a building or some other nonstructural issue, they can apply for a
variance from the city’s codes. If they want to appeal design elements they would
work with the State of Minnesota who has the authority over that aspect of the
systems.
Is the three year timeframe adequate to have all systems inspected and pumped?
How will the city ensure they are inspected? Staff indicates that the homeowners are
required to submit their MPCA inspection results completed by the licensed company
doing the inspection and pumping. If they do not submit their inspection results, staff
will follow up with a letter to ensure compliance.
Should we require an escrow from applicants when the compliance inspection fails,
rather than before the management plan is submitted? Staff indicates that the escrow
is based on the cost of the project. So it is difficult to take an escrow until you know
what type of repairs need to be made.
There should be some language in the escrow requirement that it could be used to
connect to sanitary sewer if the septic system cannot be repaired.
The ordinance as written does have a requirement that homeowners have a
compliance check of their system prior to sale of the home. Because the City does
not know when a home is being sold, it will be important to add language to our truth
in housing code and to educatethe City’s realtors on this requirement.
The time requirement to make repairs to a system that is contaminating ground water
is 18 months. That timeframe should be reduced to a lesser amount, perhaps 3
months unless extenuating circumstances require additional time (such as winter
months) as approved by the city. There should also be language which states that the
City can make the repairs in circumstances and assess that to the property, as an
example in the event of an absentee landlord who doesn’t care.
CommissionerTripplermoved toapprove the subsurface sewage treatment systems ordinance
as revised.
Seconded by CommissionerMason Sherrill. Ayes – All
The motion passed.
b.Update on Maplewood Turf Management Plan and Pesticide Use on Parks and
Public Lands
i.Environmental Planner, Shann Finwall introduced the item.
ii.Maplewood Natural Resource Coordinator, Ginny Gaynor gave the reporton
pesticides used on parks and public lands and answered questions of the commission.
iii.Park Manager, Jim Taylor addressed and answered questions of the commission.
July 15, 2013 2
Environmental and Natural Resources Commission MeetingMinutes
The commission discussed the following:
Has the City ever considered hiring a company to bring in goats to remove buckthorn?
The City’s mow-high pledge asks residents to mow their grass at 3 inches in height,
and mulch the grass clippings. Why does the City cut park land a 2-1/2 inches? Staff
indicates that the City attempts to follow the mow high requirement on park land by
cutting at 3 inches. However, there is a problem cutting at that height with some of the
mowers. As new mowers are added to the fleet this issue will be resolved.
Does the City ensure signs are installed when using herbicides? Staff indicates that
the City hires a commercially licensed company to do that work and they arerequired
and do install signs when applying herbicides.
The commission thanks staff for the information on turf management and pesticide use on
parks and public lands. The commission will use this information as they continue to
research lawn chemicaluse and policies in the City.
6.NEWBUSINESS
None.
7.VISITOR PRESENTATIONS
Council Liaison Juenemann had the following questions of staff:
Why does the City allow mosquito control and the spraying on our natural habitats? Ms. Gaynor
stated that the Cityshould really address that type of overarching question with public meetings
which includes scientific evidence that the spraying is actually working? This could take a while
to research.
Does the City have rain sensorsinstalled on our recreational field irrigation systems? Mr. Taylor
indicates that there are rain sensors, but the City should research new more accurate sensors for
the systems.
8.COMMISSION PRESENTATIONS
a.Fish Creek Update – Commissioner Yinglingstated that the City has received LCCMR
fundingfor Fish Creek.The Linder’s flower market fund raising brought in a few hundred
dollars for the project. There are still people who are using the site to drive their ATVs. The
City also removed a large amount of furniture and debrisfrom theproperty. Once all of the
funding is in place, the City will be the proud owner of a beautiful parcel of land.
b.Geothermal Heating Systems – Commissioner Yinglingsaid a few years ago the City passed
the renewable energy ordinancewhich includes regulations for geothermal systems.The
Department of Health’s Well Management Program hasbeen revised to control angled or
horizontal borings in addition to vertical borings. One revision is the regulation on the type of
chemicals that can be used in the geothermal systems, allowing only noncontact chemicals
that are also used in the food industryin the event that the chemical escapesthe system.
The City may want to include the same restriction in its renewable energy ordinance. She will
research the requirement and bring back additional information to the commission.
9.STAFF PRESENTATIONS
a.National Night Out – Tuesday, August 6, 2013
Environmental Planner Finwall announced National Night Out on Tuesday, August 6,
2013. Thisyear Tennis Sanitation has agreed to participate with the city and attend the
July 15, 2013 3
Environmental and Natural Resources Commission MeetingMinutes
partieshanding out recycling bins and recycling information. Ms. Finwall asked the
Commissioners if they were interested in volunteering for the event as well. It is a great
opportunity to meet with residents and discuss environmental issues.
b.Nature Center Programs
Environmental Planner Finwall presented the upcoming Nature Center Programs. For
more information contact the Nature Center at (651) 249-2170.
c.ENR Commission Reappointments
Environmental Planner Finwall reminded the Commission there are three Commission
positions up for reappointment. If those Commissioners are interested in another three-
year term reappointment, they should submit their formsby August 9, 2013.
d.Green Step Cities Award
Environmental Planner Finwall said the City of Maplewood has been participating in the
GreenStep Cities program for three years. This year the City was awarded a Step Three
awardfor completing additional sustainable best practices. Staff shared a picture of
Councilmember Juenemann and City Manager Ahl receiving that award at the annual
League of Minnesota Cities conference.
10.ADJOURNMENT
Chair Johannessen adjourned the meeting at 9:07p.m.
July 15, 2013 4
Environmental and Natural Resources Commission MeetingMinutes
Agenda Item 5a
MEMORANDUM
TO:
Environmental and Natural Resources Commission
FROM:
Shann Finwall, AICP, Environmental Planner
DATE:
September 12, 2013 for the September 16 ENR Commission Meeting
SUBJECT:
Tree Policies – Updates to Tree Ordinanceand Policies
Introduction
Living Streets are policies put in place to enhance biking and walking conditions, enhance
safety and security of streets, calm traffic, create livable neighborhoods, improve stormwater
quality, enhance the urban forest, reduce life cycle costs, and improve neighborhood aesthetics.
The Living Streets idea was brought forward to the Planning Commission, Community Design
Review Board, and Environmental and Natural Resources Commissionin 2009 and 2010. The
concepts were well receivedand the City Council supported the efforts,subsequently forming
anofficial Living Streets Task Forcemade up of representatives of the City Council,
Commissions, and staff. Recommendations of the Task Force were brought to the City Council,
who ultimately adopted a Living Streets Policy in January 2013. (Follow the link to view the
Living Streets Policyhttp://www.ci.maplewood.mn.us/index.aspx?nid=954.)
The Environmental and Natural Resources Commission set a goal in 2013 to review the City’s
tree policies to ensure they meet the new guidelines set forth in the Living Streets Policy.
Commissioner Mason Sherrill offered to assist staff in the review of the City’s tree policies as
part of that goal. During the September meeting, Commissioner Mason Sherrill and staff will
update the Commission on our preliminary work and look for comment and feedback from the
Commission on next steps in the process. This memorandum offers background information
and supporting documents to begin the discussion on tree policy change recommendations.
Background
Living Streets Implementation Strategies
The Living Streets Policy specifies severalimplementation strategies needed to achieve the
policyas follows:
1. Changes to City Code:
a.Trees (Chapter 38):This chapter prohibits the planting of trees in the public
right-of-way.
b.Public Right-of-Way (Chapter 32): This chapter requires that anyone who
constructs, installs, repairs, removes, etc., any work within any right-of-way to be
registered with the City. There is an exemption which allows planting or
maintaining of pre-approved boulevard “surface” plantings or gardens.
The Living Streets Task Force had recommended that theallowance of planting of trees
in the publicright-of-way be limited to that done by the City or its agents as part of a
publicimprovement project; or that which is done in accordance with an approved City
planning or guidance document (such as an approved Tree Plan).
2.Tree Plan:
The need for a comprehensive tree plan for the City has been identified in several ways.
TheSustainability Chapter of the adopted 2030 Comprehensive Plan states a goal of the
City is to“Adopt an urban tree program that encourages a healthy and thriving urban
tree canopy”; theNatural Resources Chapter of the Comprehensive Plan states an
implementation strategyshould be to “Develop and implement an Urban Tree
Management Plan.”
The Living Streets Policy establishedenhancing the urban forest as a focal point of
street projects going forward.Maplewood has several programs that protect our urban
forestincluding diseased tree inspection, treetrimming, tree planting, tree purchase
rebate for residents, big tree registry, tree ordinance, andeducational programs and
materials. A comprehensive Tree Plan would integrate these existingitems cohesively,
identify the requirements for the trees in the Living Streets Policy,and identify and
address any other gaps in the approach to the urbanforest.
Establishing a stable funding source needs to be an important component of an overall
TreePlan. Currently, the sole revenue source for the Tree Fund is developer
contributions, requiredonly when a developer is not able to preserve trees or provide
adequate replacement trees aspart of a development. As a result, the revenue flow for
the Tree Fund is inconsistent andunpredictable. During a period of slow development
activity or if developers meet their treerequirements, the revenue into the Tree Fund is
low.
The Living StreetsTask Force recommended Maplewood develop and implement an
integrated Tree Plan.The Tree Plan should identify and establish a consistent, reliable,
andstable revenue source for the Tree Fund.
Discussion
Tree Ordinance and Policy Review
The first phase in updates to the City’s tree policies will include a review of the City’s tree
ordinances. The ordinances should be updated to meet the Living Street Policy and other
changes needed to ensure the ordinances reflect the City’s values for the protection of trees.
The ordinances should then be combined into acomprehensive ordinance. Following are the
existing ordinances:
1.Environmental Preservation and Protection of Trees and Woodlands (Chapter 18, Art. V)
2.Tree Disease Control (Chapter 38, Article II)
3.Firewood (Chapter 18, Article II, Division 1, Section 18-33(22))
4.Burning (Chapter 20, Article II, Section 20-38)
5.Planting in the Right-of-Way (Chapter 38, Article I)
6.Sight Obstructions and Intersections (Chapter 32, Article VII)
7.Licensing (Chapter 12, Division 2)
The ordinances are attached to this memorandum for your review (Attachments 1 through 7).
Drafting of a Tree Plan that would integrate theordinance and Living Streets Policy will follow
the updates to the City’s codes.
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Specimen and Heritage Trees
Commissioner Mason Sherrill and staff met in September to conduct a preliminary review of the
City’s tree policies. During the review, Commissioner Mason Sherrill suggested that the City
require additional protections for our specimen (trees over 28 inches in diameter) or heritage
trees (trees with historical significance). Refer to the attachment titled Defining Special Trees
for more information(Attachment 8). Additional protections could include a requirement that all
significant trees be measured for maximum canopy spread and height, in addition to diameter.
Maplewood’s BigTree Registry requiresthe additional measurement to determine its status
(Attachment 9). Refer also to the list of Big Tree Registry winners (Attachment 10).
Staff expressed concern over such a requirement as it would be costly and impractical to do for
all significant trees on a site, especially in a wooded area thick with brush.Commissioner
Mason Sherrill then suggested that the cutoff for the additional measurements be for specimen
trees only. Another alternative to having more strict and costly regulations for specimen or
heritage treescould include incentivizing the preservation of these trees.
Tree Service Licensing
Another area of discussion during the preliminary review of the City’s tree policies was the City’s
tree service licensing. Currently the City licenses tree service companies through the City’s
contracting license, which requires that each contractor obtain liability insurance. The cost for
the yearly license is $130. There are no special requirements spelled out for tree service
contractors.
Areas of discussion around this subject included adding a requirement that tree service
companies have an arborist on staff and reducing the cost of the yearly license. The City of St.
Paul modified their tree service licensing requirements to address these items in 2011. Refer to
the St. Paul Pioneer Press article which discusses St. Paul’s tree licensing ordinance
(Attachment 11).
Maplewood Boulevard Tree Plan
In 2009 the Department of Forest Resources of the University of Minnesota performed a report
on boulevard trees for the City of Maplewood(Attachment12). The report discussed the
benefits of boulevardtrees and guidance for developing a successful boulevard tree program,
including elementssuch as site criteria, planting specifications, and design criteria. The report
contains many bestmanagement practices that could be employed towards the goals of the
Living StreetsPolicy. The report was presented to the Community Design Review Board and
theEnvironmental and Natural Resources Commission in 2009 for consideration of future
action,and was received positively.
Commission Review
There is a lot of information included with this report. To narrow down the subject and help
guide the Commission’s discussion during the September meeting, staff recommends the
following areas of review:
1.Specimen and Heritage Trees
2.Licensing
3.General and initial changes recommended to the Environmental Protection and
Preservation of Trees Ordinance
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Tree Disease and control, firewood, burning, planting in the right-of-way, and sight obstruction
will be discussed during future meetings.Staff will invite the City’s contracted forester, city
engineers, and the City’s natural resources coordinator to future meetings for these subject
areas.
Recommendation
Review the tree ordinance and policy information supplied with this memorandum. The
Commission should begin discussing changes needed tothese policies tomeet the Living
Streets Policy.
Attachments
1.Environmental Preservation and Protection of Trees and Woodlands (Chapter 18, Article
V)
2.Tree Disease Control (Chapter 38, Article II)
3.Firewood (Chapter 18, Article II, Division 1, Section 18-33(22))
4.Burning (Chapter 20, Article II, Section 20-38)
5.Planting in the Right-of-Way (Chapter 38, Article I)
6.Sight Obstructions and Intersections (Chapter 32, Article VII)
7.Licensing (Chapter 12, Division 2)
8.Defining Special Trees
9.Maplewood’s Big Tree Registry Program
10.Maplewood Big Tree Registry Champions
11.2011 St. Paul Pioneer Press Article “St. Paul Tightens Regulations for Tree-Service
Companies”
12.Boulevard Tree Plan –University of Minnesota 2009 Study
13.Maplewood Boulevard Tree Plan –University of Minnesota 2009 Study
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Attachment 1
Maplewood, Minnesota, Code of Ordinances >> - CODE OF ORDINANCES >> Chapter 18 - ENVIRONMENT >> ARTICLE V.
ENVIRONMENTAL PRESERVATION AND PROTECTION OF TREES AND WOODLANDS >>
ARTICLE V. ENVIRONMENTAL PRESERVATION AND PROTECTION OF TREES AND WOODLANDS
Sec. 18-201. Purpose.
Sec. 18-202. Applicability.
Sec. 18-203. Definitions.
Sec. 18-204. Woodlot alteration permit.
Sec. 18-205. Tree preservation plan.
Sec. 18-206. Tree preservation and safeguarding tree measures.
Sec. 18-207. Tree mitigation/replacement schedule.
Sec. 18-208. Enforcement.
Sec. 18-209. Effect on density.
Secs. 18-210—18-220. Reserved.
Sec. 18-201. Purpose.
The city desires to protect the trees and woodlands in the City of Maplewood. Trees and woodlands provide
better air quality, scenic beauty, protection against wind and water erosion, natural insulation for energy
conservation, and are beneficial in watershed management. Trees and woodlands also provide wildlife habitat,
privacy as screening, act as natural sound and visual buffers, and increase property values. It is therefore the city's
intent to protect, preserve, and enhance the natural environment of Maplewood and to encourage a resourceful and
prudent approach to development in the city; thereby, promoting and protecting public health, safety, and welfare of
the citizens of Maplewood. The purpose of this article is to establish a tree preservation and protection ordinance to
assure the continuance of significant natural features for present and future generations which:
(1)
Preserve the natural character of neighborhoods (in developed and undeveloped areas).
(2)
Protect the health and safety of residents.
(3)
Protect water quality and minimize stormwater runoff.
(4)
Prevent erosion or flooding.
(5)
Assure orderly development within wooded areas to minimize tree loss and environmental degradation.
(6)
Establish a minimum standard for tree preservation and mitigation of environmental impacts resulting
from tree removal.
(7)
Establish and promote an ongoing tree planting and maintenance program within the city to assure
trees and woodlands for future generations.
(Ord. No. 873, 9-11-2006)
Sec. 18-202. Applicability.
(a)This article shall apply to any individual, business, or entity that engage in a building or development project
which requires issuance of a grading permit or new building permit. This includes all sites of new development
that contain significant trees or woodlots. Platting and adding new roadway and right-of-way are subject to
this article.
(b)
The following are exceptions and are exempt from the requirements of this article:
(1)
Minor home additions, general home improvements, and constriction of accessory buildings (i.e.,
garage, shed).
(2)
Tree removal related to city public improvement projects to existing roadways, sewers and other
infrastructure, utility/infrastructure work or repair.
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(3)
Emergency removal of a tree(s) to protect public health.
(4)
Restoration of land to native prairie. Prairie restoration must be approved by the environmental
manager or city forester.
(5)
Commercial tree nursery and landscape operations.
(6)
Removal of dead or dying trees.
(Ord. No. 873, 9-11-2006)
Sec. 18-203. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them
in this section, except where the context clearly indicates a different meaning:
Applicant means developer, builder, contractor or homeowner who applies for a building or grading permit.
Caliper means a tree trunk measurement of nursery stock measured six inches above ground for tree trunks
up to four caliper inches. Tree trunks over four caliper inches measured at six inches in height, move measurement
point to 12 inches above ground to measure trunk caliper. Trees greater than four caliper inches may have diameter
measurements.
City forester means a tree inspector/forester certified by the State of Minnesota who is employed by the city,
or appropriate agent or independent contractor designated by the city. Must meet the definition of a Maplewood
Registered Forester.
Coniferous/evergreen tree means a woody plant having foliage on the outermost portions of the branches
year-round which at maturity is at least 12 feet or more in height. Tamaracks and Larch are included as coniferous
tree species.
Critical root zone (CRZ) means an imaginary linear circle surrounding the tree trunk with a radius distance of
one foot per one inch of tree diameter (e.g., a 16-inch diameter tree has a CRZ with a radius of 16 feet.
Deciduous tree means a woody plant, which sheds leaves annually, having a defined crown and at maturity is
at least 15 feet or more in height.
Diameter means a standard point of measurement of tree size, measurement of tree trunk in inches at a
height of four and one-half feet above ground. Measure the circumference of a tree trunk in inches at four and one-
half feet above ground and divide by 3.14 to determine diameter.
Drip line means the farthest distance around and away from the trunk of a tree that rain or dew will fall directly
to the ground from the leaves or branches of that tree.
Environmental manager means an employee of the city who manages city-wide environmental programs, or
appropriate agent designated by the city.
Hardwood deciduous tree means the following tree species: ash, basswood, birch, black cherry, catalpa,
hackberry, hickory, ironwood, hard maples (sugar maple or red maple), locust, oak, and walnut.
Major home addition means an addition on a single or double-dwelling lot of which the addition or accessory
building is more than a 60 percent increase in the footprint of the single or double-dwelling structure on said lot.
Maplewood Registered Forester means a person who is registered with the city as a consulting forester and
holds a minimum of a Bachelor of Science degree in arboriculture, urban forestry or similar field from an accredited
academic institution or is registered with the International Society of Arboriculture as a certified arborist/forester.
Minor home addition means an addition on a single or double-dwelling lot of which the addition or accessory
building is less than a 60 percent increase in the footprint of the single or double-dwelling structure on said lot.
Ornamental tree means a woody plant, which is grown for its beauty of its foliage and flowers.
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Retaining wall means a structure utilized to hold a slope in a position in which it would not naturally remain.
Significant natural feature means a significant water body, woodlot, significant slope, or a site of historical or
archeological significance that has been recorded with the state.
Significant tree means a healthy tree measuring a minimum of six inches in diameter for hardwood deciduous
trees, eight inches in diameter for coniferous/evergreen trees, 12 inches diameter for softwood deciduous tree, and
specimen tree of any species 28 inches in diameter or greater as defined herein. Buckthorn or other noxious woody
plants as determined by the environmental manager are not considered a significant tree species at any diameter.
Slope means the inclination of the natural surface of the land from the horizontal; commonly described as a
ratio of the length to the height.
Softwood deciduous tree means the following tree species: box elder, cottonwood, elm, poplar/aspen, silver
maple, and willow.
Specimen tree is a healthy tree of any species 28 inches in diameter or greater. These trees are considered
significant trees.
Structure means anything manufactured, constructed, or erected which is normally attached to or positioned
on land, including portable structures.
Tree preservation plan means a plan prepared with the assistance of a certified forester, which clearly shows
all trees in the area to be developed or within the parcel of record. The plan should include all significant trees to be
preserved and measures taken to preserve them. The plan will also include calculations to determine the number of
replacement trees as required by the tree mitigation schedule and a proposed reforestation landscape plan.
Utility means electric, telephone, telegraph, cable television, water, sanitary or storm sewer, solid waste, gas
or similar service operations.
Vegetation means all plant growth, especially trees, shrubs, native wildflowers, mosses or grasses.
Wetland as defined in the city's wetland ordinance.
Wilding tree means a tree that was not grown or maintained by a nursery.
Woodlot means a treed area of at least one-quarter-acre on a vacant lot, which includes significant tree(s).
(Ord. No. 873, 9-11-2006)
Sec. 18-204. Woodlot alteration permit.
A woodlot alteration application shall be submitted to the environmental manager for review prior to removal of
any living trees on a woodlot that is not reviewed by another application. The applicant shall submit a tree plan and
any other information needed to determine compliance with this article. Specific requirements shall be stated on an
application form in the office of the environmental manager. An application fee shall be established yearly by the city
council by resolution. Failure to submit an approved woodlot alteration application before removal of any trees will
result in a two-year moratorium for issuance of a city grading or building permit. In addition, a total tree replacement
for the parcel as outlined in the tree mitigation/replacement schedule with the assumption that all trees that were
removed are significant trees.
The environmental manager may approve a woodlot alteration permit that complies with this article and
receive recommendations from the city forester concerning the proposed woodlot alteration. The applicant may
appeal environmental manager's decision to the environmental committee in writing within 15 days of the
environmental manager's written decision. The applicant may appeal the environmental committee decision in writing
within 15 days of the environmental committee['s] written decision to city council for final decision. Applicant must first
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approach environmental manager then environmental committee before city council will review.
(Ord. No. 873, 9-11-2006)
Sec. 18-205. Tree preservation plan.
A tree preservation plan is required for any project which requires any land use permit, grading permit, or
building permit; excluding minor home additions and the removal of dead, diseased, dying or hazardous trees of any
size. A tree preservation plan shall reflect the applicant's best effort to determine the most feasible and practical
layout of buildings, parking lots, driveways, streets, storage and other physical features, so that the fewest significant
trees are destroyed or damaged and to minimize the negative environmental impact to the site. All tree replacements
will be in addition to landscape tree planting standards. An applicant may request a waiver from the environmental
manager from preparation of a tree preservation plan.
Tree preservation plans shall include the following:
(1)A tree inventory overlay on the site plan that shows size, species, general health, and location of all
significant trees located within the area to be developed or within the parcel of record. Location of
groups of standing dead or diseased significant trees shall be noted on inventory overlay.
All tree inventories shall be performed by a certified forester and shall be consistent with the engineer's
grading plan contours.
All significant trees included in the tree inventory must be tagged in the field for reference on the tree
preservation plan. These significant trees should be identified on the plan sheet(s) in both graphic and
tabular form. Trees growing in clump form are considered individual trees and each stem/trunk is
measured as individual trees.
(2)
A certified forester must approve the tree preservation plan.
(3)
The tree preservation plan must be drawn at the same scale as the other site plan submittals.
(4)
A tree preservation plan that coincides with necessary engineering documents such as topography,
wetland information, grading plans, road, and building locations must include:
a.
A list of total diameter inches of all healthy significant trees inventoried.
b.
Listing of the total diameter inches of healthy significant trees removed.
[c.]
The name(s), telephone number(s), and address(s) of the person(s) responsible for tree
preservation during the course of the development project.
(5)
Outer boundaries of all contiguous wooded areas, with a general description of trees not meeting the
significant tree size threshold and any indication of the presence of epidemic tree diseases.
(6)
Delineation of all limits of land disturbance, clearing, grading and trenching.
(7)
Locations of the proposed buildings, structures, or impervious surfaces.
(8)
Location of trees protected and the proposed measures for protection including delineation of tree
protection fencing, tree protection signs, location for material storage, parking, debris storage, and
wash out area for redi-mix trucks.
(9)
Written description of tree preservation and safeguarding measures planned for the site.
(10)
Size, species, number, and location of all replacement trees proposed to be planted on the property in
accordance with the tree mitigation/replacement schedule.
(11)
Signature of the person(s) preparing the plan.
The tree preservation plan shall be reviewed by the environmental manager, with advisement from the city
forester, for compliance with this article. Reasons for denial shall be noted on the tree preservation plan, or
otherwise stated in writing.
(Ord. No. 873, 9-11-2006)
Sec. 18-206. Tree preservation and safeguarding tree measures.
(a)All developments within the city shall be designed to preserve significant trees and woodlots, where such
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preservation would not affect the public health, safety or welfare of Maplewood citizens. The city may prohibit
removal of all or a part of a woodlot or significant tree subject to the limitations as defined in this article. This
decision shall be based on but not limited to the following criteria:
(1)
Size.
(2)
Species, health, and attractiveness of the trees, including:
a.
Sensitivity to disease.
b.
Life span.
c.
Nuisance characteristics.
d.
Sensitivity to site grading.
e.
Potential for transplanting.
f.
Need for thinning a woodlot.
g.
Effects on the functioning of a development.
h.
Fragmentation of wooded area and effects on wildlife corridors.
i.
The public health, safety and welfare.
j.
Effects on wetlands and/or watershed.
k.
Native prairie restoration.
(b)
Safeguarding preserved trees. The tree preservation plan shall delineate the location of (existing) significant
trees that are to be preserved with location and type of protective fencing.
(1)
Tree protective areas shall be located at a minimum of the CRZ of trees or dripline whenever possible.
Use of tree-save islands and stands are encouraged rather than the protection of individual trees
scattered throughout a site.
(2)
Suitable tree protection fencing in active areas includes use of orange polyethylene laminar safety
fencing or woven polyethylene fabric (silt fencing). Fencing must be self-supportive. All active tree
protection areas shall be designated as such with "Tree Save Area" signs posted in addition to the
required fencing.
(3)
Use of passive forms of tree protection requires approval from environmental manager in writing.
Passive forms of tree protection fencing include use of continuous rope or flagging (heavy mil plastic
four inches or wider) with visible signage stating "Keep Out" or "Tree Save Area".
(4)
Signs requesting subcontractor cooperation and compliance with tree protection standards are required
at site entrances.
(5)
No construction work shall begin until tree protection fencing has been installed, inspected, and
approved by the city forester. At least three working days prior to construction or grading, applicant
shall be required to request inspection of on-site protective measures by city forester. Once city forester
approves tree protection fencing or devices it must not be altered or removed without prior written
approval.
(6)
Tree protection fencing shall be maintained and repaired by the applicant for the duration of
construction. No grade change, construction activity, storage or staging of materials shall occur within
this fenced area.
(7)
Use of custom grading, retaining walls or tree wells to maintain existing grade for preserved trees.
(8)
Layout of the project site utility and grading plans should accommodate the tree preservation areas.
Utilities recommended along corridors between tree preservation areas and use of common trenches or
tunnel installation if possible.
(9)
Minimize tree wounding by felling or removing trees away from trees remaining on site.
(10)
Construction site activities such as parking, material storage, concrete washout, placement of holes,
etc., shall be arranged so as not to encroach on tree protection areas.
(11)
Identify and prevent oak wilt infection. Treat all known oak wilt infected areas with current accepted
guidelines including root cutting and tree removal. If pruning oaks is required between April 1 and July
1, cover fresh wounds with nontoxic tree wound sealant or latex paint.
(12)
Use of wood chip mulch to a depth of six to eight inches adjacent to tree protection areas to minimize
soil compaction and desiccation.
(13)
Concrete washout, leakage or spillage of fuels or paints, or other materials that would result in
9
detrimental change in soil chemistry is prohibited in tree preservation areas.
(14)
Post construction tree care to mitigate construction damage:
a.
Tree root aeration, fertilization, and/or irrigation systems.
b.
Therapeutic pruning.
(15)
Soil compaction mitigation by:
a.
Mulch drive lanes with eight to ten inches of woodchips.
b.
Soil fracturing with deep tillage or other similar methods.
c.
Inclusion of organic matter to existing soil.
d.
Core aeration.
(16)
Transplant existing trees to a protected area for future transplanting onto permanent sites within the
construction area.
(c)
If any significant tree stated as preserved (protected) in the approved tree preservation plan is cut, damaged,
or encroached upon by grading equipment or during the construction process without city authorization and is
determined by the environmental manager that the damaged tree(s) will probably not survive, the said
damaged tree(s) shall be removed by the applicant at their expense and replacement tree(s) required at a rate
of two times the tree mitigation/replacement formula.
(Ord. No. 873, 9-11-2006)
Sec. 18-207. Tree mitigation/replacement schedule.
If less than 20 percent of significant tree diameter inches is removed, the applicant shall replace one tree per
significant tree removed. Tree replacement shall be a minimum of two caliper inches in size.
If 20 percent or more total diameter inches is removed, applicant shall mitigate all significant diameter inches
using the tree mitigation/replacement schedule in accordance with the following formula:
A = Total Diameter Inches of Significant Trees lost as a result of the Land Alteration
B = Total Diameter Inches of Significant Trees situated on the property
C = Tree Replacement Constant (1.5)
D = Replacement Trees (Number of Caliper Inches)
((A/B - .20) × C) × A = D
Example:
A = 379
B = 943
C = 1.33
D = 160
((379/943 - 0.20) × 1.5) × 379 = 114.7 caliper inches
The trees required to be replaced pursuant to this chapter shall be in addition to any other trees required to be
planted pursuant to any other provision of city code.
Once the total caliper inches for replacement trees are determined, the developer/applicant shall mitigate tree
loss by either:
(1)Plant replacement trees in appropriate areas within the development in accordance with the tree
replacement schedule.
(2)
Plant replacement trees on city property under the direction of environmental manager or city forester.
Must be approved during the review process prior to issuance of permit(s).
(3)
Pay the city a sum per diameter inch in accordance with the tree replacement schedule with written
approval from city staff. The fee per diameter inch shall be set forth in the city fee schedule set annually
by city council resolution. Payment shall be deposited into an account designated specifically for tree
planting on public property within the city. The form of mitigation to be provided by the applicant shall
be determined by city staff. This provision may only apply if all other measures in this article have been
10
exhausted.
(4)
The developer shall be required to maintain trees for two years after planting. Should any tree require
replacement during this two-year period, the replacement period shall start at the date of replacement.
Trees required to be planted pursuant to any other provision of City Code are not included in this and
must be replaced according to such Code.
(5)
Species requirements. Where ten or more replacement trees are required, not more than 30 percent
shall be of the same type of tree without the written approval of the environmental manager. Native tree
species to the Maplewood area are preferred.
(6)
Sources of trees. Replacement trees shall consist of certified nursery stock as defined by Minn. Stats. §
18.46 hardy for this USDA plant hardiness zone (zone 2,3, or 4 hardiness-rated trees) or other trees
including wilding trees, so long as such wilding trees comply with the following standards and are
approved by the environmental manager or city forester. All replacement trees shall be healthy and free
from insect or disease infestation. A wilding tree measured in caliper inches shall not exceed the
maximum height as shown on the table below:
Caliper InchesMaximum Height (Feet)
2—318
3—420
4—524
The lowest branch of a wilding tree shall not be at a height above the surface of the ground more than
one-half the total height of the tree (e.g., a 14-foot tree must have a branch within seven feet of the
surface of the surrounding ground).
(7)
Tree replacement size must be no less than two caliper inches deciduous or six-foot evergreen tree
unless pre-approved by the environmental manager. Evergreen or coniferous tree height convert to
caliper measurement as follows: the first six feet of growth equals two and one-half-caliper inches for
each additional two feet in height equals one additional caliper inch. Trees required to be planted
pursuant to any other provision of City Code must comply with tree size specification of such Code.
(8)
Tree replacement surety required. The applicant shall post tree replacement surety with the city, such
as a tree replacement cash deposit or letter of credit, of 150 percent of estimated cost for tree
replacement for proposed planting. Funds will be held by the city until successful completion of final
planting inspection. It shall be the applicant's responsibility to call for such inspection. Tree replacement
surety does not include other sureties required pursuant to any other provision of City Code or city
directive.
(Ord. No. 873, 9-11-2006)
Sec. 18-208. Enforcement.
The city reserves the right to inspect the construction site at any time for compliance with this article. Should
the city find the site in violation of the approved tree preservation plan, they may issue a stop work order until
conditions are corrected. Stop work order will be lifted after approved by environmental manager or city forester in
writing.
The city shall be responsible for the enforcement of this article. Any person who fails to comply with or violates
any section of this article shall be deemed guilty of a misdemeanor and, upon conviction, shall be subject to
punishment in accordance with section 1-15. All land use building and grading permits shall be suspended until the
developer has corrected the violation. Each day that a separate violation exists shall constitute a separate offense.
(Ord. No. 873, 9-11-2006)
Sec. 18-209. Effect on density.
11
The city may reduce the maximum allowed density on that part of a development that has a significant natural
feature, where such reduction would save all or part of a significant natural feature. However, regardless of the
requirements in this article, the maximum allowed density shall not be reduced below 67 percent of the allowed
density in the city's land use plan for multiple dwellings. The minimum lot size shall not be increased above 15,000
square feet for single dwellings. Any required density reduction or increase in lot size must save a significant natural
feature. The city council may require the clustering of dwellings in the form of townhouses, quads, apartments, or
similar uses where it is necessary to preserve significant natural features.
(Ord. No. 873, 9-11-2006)
Secs. 18-210—18-220. Reserved.
12
Attachment 2
[2]
ARTICLE II. SHADE TREE DISEASE CONTROL
Sec. 38-31. Plant pest control program.
Sec. 38-32. Inspections and investigations.
Sec. 38-33. Public nuisances.
Sec. 38-34. Removal of infected trees or wood.
Sec. 38-35. Special assessments for unpaid nuisance abatement charges.
Sec. 38-36. Treatment of elm trees near Dutch elm fungus infestation.
Sec. 38-37. Permit for transportation of elm wood.
Sec. 38-38. Interference with performance of duties imposed by article.
Sec. 38-31. Plant pest control program.
The city manager is hereby empowered to conduct a program of plant pest control pursuant to
authority granted by Minn. Stats. § 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.
(Code 1982, § 33-36)
Sec. 38-32. Inspections and investigations.
Under this article, the city manager:
(1)Shall inspect all premises and places within the city as often as practicable to determine
section 38-31exists thereon. He shall investigate all
whether any condition described in
reported incidents of infestation by Dutch elm fungus or elm bark beetles or any other epidemic
diseases of shade trees;
(2)May enter upon private premises at any reasonable time for the purpose of carrying out any of
the duties assigned under this article; and
(3)Shall, upon finding conditions indicating Dutch elm infestation or other epidemic diseases of
shade trees, immediately send appropriate specimens or samples to the state commissioner of
agriculture for analysis or take such other steps for diagnosis as may be recommended by the
commissioner.
(Code 1982, § 33-37)
State law reference—
Authority for above section, Minn. Stats. § 18.022, subd. 6.
Sec. 38-33. Public nuisances.
(a)The following are hereby declared public nuisances whenever they may be found within the city:
13
(1)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);
(2)Any dead elm tree or part thereof, including lugs, branches, stumps, firewood or other elm
material from which the bark has not been removed and burned or treated with an effective elm
bark beetle insecticide; and
(3)Other shade trees with epidemic diseases of shade trees.
(b)It is unlawful for any person to permit any public nuisance, as defined in subsection (a) of this
section, to remain on any premises owned or controlled by him within the city.
(Code 1982, § 33-38)
Sec. 38-34. Removal of infected trees or wood.
Whenever the city manager finds with reasonable certainty that the infestation, as defined insection
38-33, exists in any tree or wood on any public or private place in the city, he shall notify the property
owner and the person in possession, if different from the owner, on which such tree or wood stands, by
certified mail or personal service, that the nuisance must be abated within a specified time, not less than
five days from the date of mailing such notice or from the date of service. If the owner or occupant shall
fail to remove the infected tree or wood from his property within the time specified in the notice, the city
manager may order the work done either by the city's employees or by contract, and the cost of the work
shall be billed against the owner or occupant.
(Code 1982, § 33-39)
Sec. 38-35. Special assessments for unpaid nuisance abatement charges.
If the owner or occupant shall fail to pay the bill, as provided for insection 38-34, within 30 days, the
council may then assess the amount due, plus interest, against the property as a special assessment
under state law.
(Code 1982, § 33-40)
State law reference—
Authority for special assessments, Minn. Stats. § 18.022, subd. 6.
Sec. 38-36. Treatment of elm trees near Dutch elm fungus infestation.
Whenever the city manager determines that any elm tree or elm wood within the city is infected with
Dutch elm fungus, he may treat all nearby high value elm trees with an effective elm bark beetle
destroying concentrate. Treating activities authorized by this section shall be conducted in accordance
with technical and expert opinions and plans of the state commissioner of agriculture and under the
supervision of the commissioner and his agents whenever possible. The notice requirements ofsection
38-34apply to treating operations conducted under this section.
(Code 1982, § 33-41)
Sec. 38-37. Permit for transportation of elm wood.
It is unlawful for any person to transport within the city any bark-bearing elm wood, which is known
by the city manager to be infected or suspected of being infected, without having obtained a permit from
14
the city manager. The city manager shall grant such permits only when the purposes of this article will be
served thereby.
(Code 1982, § 33-42)
Sec. 38-38. Interference with performanceof duties imposed by article.
It is unlawful for any person to prevent, delay or interfere with the city manager while he is engaged
in the performance of duties imposed by this article.
(Code 1982, § 33-43)
FOOTNOTE(S):
2
--- () ---
State Law reference—
Plant and animal pest control, Minn. Stats. ch. 18; local pest control, Minn. Stats.
§ 18.021 et seq.; shade tree disease control in the metropolitan area including Ramsey County, Minn.
(Back)
Stats. § 18.023 et seq.
15
Attachment 3
(8)The looking into or peeping through doors, windows or openings of private homes by methods
of stealth and without proper authority and by surreptitious methods, or what is commonly
known as window peeping;
(9)Any exposition or display of nudity or near-nudity in public or upon any licensed premises. The
term "near-nudity" as used in this subsection shall mean nude except for headdress, shoes
and/or minimum concealment of genitals. Jewelry shall not be deemed to be clothing; or
(10)All other things, acts, omissions or occupations that may be considered detrimental to the moral
well-being of the inhabitants of the city or a considerable number thereof.
(Code 1982, § 19-8)
Sec. 18-33. Nuisances affecting peace and safety.
The following are declared to be nuisances affecting public peace and safety:
(1)All wires which are strung less than 15 feet above the surface of any public street or alley.
(2)All buildings, walls and other structures which have been damaged by fire, decay or otherwise
to an extent exceeding one-half their original value or which are so situated as to endanger the
safety of the public.
(3)All explosives, inflammable liquids and other dangerous substances or materials stored or
accumulated in any manner or in any amount other than that provided by law or ordinance.
(4)The use or display of fireworks, except as provided by law or ordinance.
(5)The operation of any motor vehicle radio receiving set, tape player, compact disc player, paging
system or any other device for the production or reproduction of sound in a distinctly and loudly
audible manner so as to unreasonably disturb the peace, quiet and comfort of any person
nearby or at a distance of 25 feet or more.
(6)All buildings and all alterations to buildings made or erected in violation of this Code andother
fire ordinances concerning manner and materials of construction.
(7)Obstructions and excavations affecting the ordinary use of the public of streets, alleys,
sidewalks or public grounds, except under such conditions as are provided by ordinance, and
any other excavation left unprotected or uncovered indefinitely or allowed to exist in such
manner as to attract minor children. Excavations for utility or street construction shall be
backfilled at the end of each workday. Fencing may be approved only by the city engineer as an
alternate to backfilling. During the workday all excavations for utility or street construction shall
be either actively worked on or under direct supervision. If work is suspended during the day
and workers are not in immediate proximity, the excavation shall be fenced. Manholes or other
underground structures shall not be left open without a worker in immediate attendance.
(8)Radio aerials strung or erected in any manner, except as provided by law or ordinance.
(9)The city prohibits the outside storage of items such as but not limited to pails, barrels, lumber,
scrap wood, cans, recyclable materials, vehicle parts, inoperable machinery, equipment parts,
brushes, pipes, household appliances, household furniture, building materials, scrap metal, junk
or similar materials. This subsection shall not apply to the following:
a.Building materials or equipment being actively used in new construction.
b.Firewood meeting the requirements of subsection (22) of this section.
16
c.Any of such materials that are being used as part of a legal business. This exemption shall
not apply to junk or waste materials.
(10)The use of property abutting on a public street or sidewalk or any use of a public street or
sidewalk which causes large crowds of people to gather, obstructing traffic and the free use of
public streets or sidewalks.
(11)All hanging signs, awnings and other similar structures over public streets or sidewalks or so
situated as to endanger public safety, not constructed and maintained as provided by law or
ordinance, or without proper permit.
(12)The allowing of rain, water, ice or snow to fall from any building on any public street or sidewalk
or to flow across any public sidewalk.
(13)All dangerous, unguarded machinery, equipment or other property in any public place or so
situated or operated on private property as to attract minor children.
(14)The distributing of handbills, except as provided by law or ordinance.
(15)Throwing, dropping or releasing printed matter, paper or any other material or objects over the
city from an airplane, balloon or other aircraft or in such a manner as to cause such materials to
fall on land in the city.
(16)Placing entrance culverts or doing any act which may alter or affect the drainage ofpublic
streets or alleys or the surface or grade of public streets, alleys or sidewalks without proper
permit.
(17)Making repairs to motor vehicles or tires in public streets or alleys, excepting only emergency
repairs which will not unduly impede or interfere with traffic.
(18)Throwing, placing, depositing or burning leaves, trash, lawn clippings, weeds, grass or other
material in the streets, alleys or gutters.
(19)Erecting, painting or placing of unauthorized traffic signs or advertising signs in streets or alleys
or on sidewalks.
(20)All unnecessary interference and disturbance of radios or TV sets caused by defective electrical
appliances and equipment or improper operation thereof.
(21)Driving, putting, chipping and/or in any manner playing and/or practicing golf in any park,
playground and/or recreation area within the city, except in areas specifically designated and
posted for such use.
(22)The storage of wood in a residential district, where wood is stored in a front yard, on the street
side of a corner lot, or within five feet of an interior property line, unless screened from view
from the adjacent property or written permission is received from the adjacent property owner.
All wood must be neatly piled at least six inches off the ground and not over six feet in height.
Firewood must be cut to stove lengths. Storage of diseased wood is prohibited.
(23)All other conditions, acts or things which are liable to cause injury to the person or property of
anyone. This shall include but not belimited to the parking or storage of vehicles in the front
yard of a residential property on grass, unimproved areas or areas without a hard surface.
(24)Lights on any building or property that annoy or cause a nuisance to a neighboring property
owner, occupant or resident. For the purpose of determining allowable lighting, the guidelines
section 44-20(c)(1) shall apply.
listed in
(25)No property owner or person shall store on a residential property a portable on-demand storage
unit (POD) more than 60 days in any 12-month period starting with the day/date the POD is first
17
moved on site. All PODs must be stored on an impervious surface on the property. The city may
grant a time extension of an additional 60 days provided the property owner gets a tracking
permit for the POD from the city. In no case shall a POD be stored on a property more than 120
days in any 12-month period. This provision applies to all residentialproperties including
townhouses, condominiums, and multi-family complexes. PODs stored on residential properties
in conjunction with a building permit or home improvement project are exempt from this
provision, except for the requirement to keep the POD on an impervious surface. In such a
case, the property owner shall make every effort to adhere to the 120-day-maximum time limit.
(Code 1982, § 19-9; Ord. No. 813, § 1, 5-14-2001; Ord. No. 826, § 2, 4-8-2002; Ord. No. 922, § 1, 6-
11-2012)
Sec. 18-34. Enforcement of article generally.
Whenever any act or deed, which is defined in this division as a nuisance, is committed in the
presence of any police officer, the person committing such act or deed is subject to immediate arrest.
Police officers shall act upon complaints by citizens.
(Code 1982, § 19-10)
Sec. 18-35. Continuing violations.
If any nuisance defined in this division is in the nature of a continuing condition requiring correction
or abatement, it shall be the duty of the council to enforce this division. The council may, by resolution,
delegate to other officers or agencies power to enforce particular sections of this division, including the
power to inspect private premises, and the officers charged with enforcement of this division shall take all
reasonable precautions to prevent the commission and maintenance of public nuisances.
(Code 1982, § 19-11)
Sec. 18-36. Notice to abate.
Whenever, in the judgment of the officer charged with enforcement, it is determined upon
investigation that a public nuisance is being maintained or exists within the city, such officer shall notify in
writing the person committing ormaintaining such public nuisance and require him to terminate and abate
the nuisance and to remove such conditions or remedy such defects. The written notice shall be served
on the person committing or maintaining the nuisance in person or by registered mail. If the premises are
not occupied and the address of the owner is unknown, service on the owner may be had by posting a
copy of the notice on the premises. The notice shall require the owner or occupant of such premises or
both to take reasonable stepswithin a reasonable time to abate and remove the nuisance, with such
steps and time to be designated in the notice, but the maximum time for the removal of the nuisance after
service of the notice shall not in any event exceed 30 days. Service of notice may be proved by filing an
affidavit of service in the office of the city clerk setting forth the manner and time thereof. When an order
so given is not complied with, such noncompliance shall be reported forthwith to the council for such
action as may be necessary and deemed advisable in the name of the city to abate and enjoin the further
continuation of the nuisance.
(Code 1982, § 19-12)
18
Attachment 4
Maplewood, Minnesota, Code of Ordinances >> - CODE OF ORDINANCES >> Chapter 20 - FIRE PREVENTION AND
PROTECTION >> ARTICLE II. SETTING FIRES >>
ARTICLE II. SETTING FIRES
Sec. 20-36. Permit required.
Sec. 20-37. Permit and supervision required for demolition or destruction of structure by burning.
Sec. 20-38. Permits required for outdoor fires.
Sec. 20-39. Burning of garbage or wet refuse.
Secs. 20-40—20-65. Reserved.
Sec. 20-36. Permit required.
No person shall start any fire in the city, except for recreational fires as defined in section 20-38.
Open/prescribed burns require a permit from the fire marshal; this permit will set forth the date, time and location of
the burning. This type of permit is given to experienced persons in this type of burning.
(Ord. No. 838, § 20-36, 5-27-2003)
Sec. 20-37. Permit and supervision required for demolition or destruction of structure by
burning.
Whenever the owner of any obsolete or condemned house, building or other structure in the city undertakes to
demolish or destroy it by burning, such owner shall contact the chief of the fire department or officer in charge who is
responsible for protecting the area of the city within which the structure is located and make arrangements for the
burning. Destruction of any structure in this manner shall be done only under supervision and control of the
designated fire department officer and pursuant to a permit issued by the fire chief. A charge may be made for this
service, and the money so received by the fire department shall be used to defray expenses of the department.
(Code 1982, § 12-27)
Cross reference— Buildings and building regulations, ch. 12.
Sec. 20-38. Permits required for outdoor fires.
(a)No person shall kindle, ignite, set or start any outdoor fire in the city, not contained in a city-approved
incinerator, at any time, unless authorized by the issuance of a permit as provided for by the department of
natural resources for, "open burning."
(b)
City authorization for camp/recreational fire. Campfires and so-called "recreational" fires are defined by Minn.
Stats. § 88.171, as those that are no larger than three feet in diameter and three feet in height and used for
pleasure, religious, ceremonial, cooking, warmth, or similar purposes and are specifically authorized under this
article subject to the rules and restrictions as hereinafter written.
Recreational fires should not be lit or maintained if the smoke therefrom unreasonably causes discomfort or a
negative impact to neighboring properties. If a complaint is lodged and verified by a peace officer or firefighter and in
their opinion is creating a nuisance situation, the operator may be called upon to extinguish the fire immediately until
conditions change or improve.
20-38) is available
No permit is required for recreational fires. A copy of the recreational fire code section (§
online at www.ci.maplewood.mn.us or you can obtain a paper copy at the Maplewood City Hall information desk.
The following are the minimum requirements for camp/recreational fires as defined above:
(1)A recreational fire shall be limited to one location per property parcel/address at a time.
(2)
Recreational fires must be at least 25 feet from all buildings or combustible materials. Combustible
19
materials include, but are not limited to: wood, paper and plastics (MFSC (07) Section 307.4.2).
(3)
Conditions which could cause a fire to spread within 25 feet of a structure shall be eliminated prior to
ignition (MSFC (07) Section 307.4.2).
(4)
Recreational fires must be constantly attended by an adult until the fire burns out completely or is
extinguished (MSFC (07) Section 307.5).
(5)
A minimum of one portable fire extinguisher complying with MSFC (07) Section 906, with a minimum 4-
A rating, or other approved on-site fire extinguishing equipment such as dirt/sand (available for use as
an extinguishing agent), or charged garden hose; such extinguishing equipment shall be readily
available at all times until the fire is extinguished.
(6)
The only materials permitted in a recreational fire are wood from trees, small branches or charcoal.
(7)
No person shall conduct, cause, or permit burning of rubber, plastics, chemically-treated materials, or
other materials which produce excessive or noxious smoke, including, but not limited to, tires, railroad
ties, composite shingles, tar paper, insulation, composition board, sheetrock, wiring, paint, paint filters,
construction debris, garbage, waste materials, and vegetation of any sort, e.g., leaves and grass.
(8)
Recreational fires must be immediately extinguished if they pose a fire safety risk, if they are not in
compliance with the above, or when directed to do so by a police officer, firefighter, fire warden, or DNR
officer (MSFC (07) Section 307.3).
(9)
Recreational fires are only allowed from 10:00 a.m. until 11:00 p.m. with winds less than 15 mph unless
written permission for an exception is received from the fire chief or fire marshal.
(c)
The owner of any property upon which a fire is started or originally ignited, in violation of this section, shall be
responsible therefore and shall be subject to penalties provided in this chapter, unless such owner can adduce
proof that such fire was started by a stranger or trespasser.
(Ord. No. 897, 1-25-2010)
Editor's note—
Ord. No. 897, adopted Jan. 25, 2010, amended § 20-38 in its entirety to read as set out herein. Former § 20-38
pertained to outdoor recreational fires and derived from Ord. No. 838, § 20-38, adopted May 27, 2003.
Sec. 20-39. Burning of garbage or wet refuse.
It shall be unlawful in the city for any person to burn or attempt to burn refuse, leaves, wastepaper, garbage or
other combustible materials.
(Code 1982, § 12-30)
Cross reference— Solid waste management, ch. 30.
Secs. 20-40—20-65. Reserved.
20
Attachment 5
ARTICLE I. IN GENERAL
Sec. 38-1. Planting in right-of-way prohibited.
Secs. 38-2—38-30. Reserved.
Sec. 38-1. Planting in right-of-way prohibited.
The planting of trees in the public right-of-way is prohibited.
Secs. 38-2—38-30. Reserved.
21
Attachment 6
Maplewood, Minnesota, Code of Ordinances >> - CODE OF ORDINANCES >> Chapter 32 - STREETS, SIDEWALKS AND
OTHER PUBLIC PLACES >> ARTICLE VII. SIGHT OBSTRUCTIONS AT INTERSECTIONS >>
[3]
ARTICLE VII. SIGHT OBSTRUCTIONS AT INTERSECTIONS
Sec. 32-246. Maximum height of certain obstructions within certain restricted areas.
Sec. 32-247. Exemptions.
Sec. 32-248. Enforcement.
Sec. 32-249. Issuance of notice to remove.
Sec. 32-250. Service of notice to remove.
Sec. 32-251. Removal by city.
Secs. 32-252—32-280. Reserved.
Sec. 32-246. Maximum height of certain obstructions within certain restricted areas.
(a)It shall be unlawful within the city for any person to install, plant, place, set out or maintain or to allow to be
installed, planted, placed, set out or maintained or to permit to exist any tree, hedge, shrubbery, plant, natural
growth, sign or other obstruction to the view which is higher than two feet, six inches above either:
(1)
The top of the curb return at the applicable corner of the intersection;
(2)
The nearest pavement surface, where there is no curb; or
(3)
The existing traveled roadway at the corner in question where there is no curb or pavement;
on property at any corner formed by intersecting streets, within that triangular area bounded by the property lines and
a diagonal line joining points on the property lines located 25 feet from the point of intersection of the property lines
on two intersecting streets, or for rounded corners, the triangular area bounded by the tangents to the curve of
property lines on two intersecting streets and a diagonal line joining tangents to the curves at points that shall be
located 25 feet from the point of intersection of the tangents. The tangents referred to are those at the beginning and
at the end of a curve at the corner.
(b)
Any obstruction maintained or existing in violation of this section shall be deemed a public nuisance, and a
public health and safety hazard within the meaning of Minn. Stats. § 429.101.
(Code 1982, § 29-136)
Authority of city council to regulate the use of public streets and to prevent obstructions thereto, Minn. Stats. §
State law reference—
412.221, subd. 6; power of city council to adopt regulations requiring private property owners to remove or eliminate public health or
safety hazards and when the city does the work to assess the charges as a special assessment, Minn. Stats. § 429.101.
Sec. 32-247. Exemptions.
This article shall not apply to the following:
(1)Permanent buildings;
(2)
Public utility poles;
(3)
Young saplings or trees trimmed to the trunk so as to permit unobstructed cross visibility to a line at
least seven feet above the level of the reference point as defined in section 32-246
(4)
Official traffic signs installed pursuant to chapter 36
(5)
Any sign or structure installed pursuant to this Code or any ordinance or resolution of the city; or
(6)
Places where the contour of the ground is such that there can be no cross visibility at the intersection
by virtue of such contour alone.
(Code 1982, § 29-137)
Sec. 32-248. Enforcement.
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The city manager is charged with the enforcement of this article, and to that end the city manager or any city
officer or employee authorized by him may enter upon private property within the city at reasonable hours for the
purpose of determining if there is any violation of this article.
(Code 1982, § 29-138)
Sec. 32-249. Issuance of notice to remove.
If any tree, hedge, shrubbery, planting, natural growth, sign or other obstruction is installed, planted, placed,
set out or maintained or permitted to exist in violation of this article, the city manager shall give the owner of the
premises upon which the obstruction exists written notice that the tree, hedge, shrubbery, planting, natural growth,
sign or other obstruction violates the requirements of this article, creating a hazard to the safety of those persons
using the streets. The notice shall inform such owner that if the obstruction is not destroyed or removed or trimmed
to comply with this article within 90 days from the date of the notice, the city shall perform the required act and shall
assess the cost thereof against the property.
(Code 1982, § 29-139)
Sec. 32-250. Service of notice to remove.
The notice to remove an obstruction issued under section 32-249 shall be given to the owner of the premises
on which such obstruction exists by personal service. If written notice cannot be personally served upon the owner in
the city, the notice shall be sent by registered or certified mail to the owner at his last known address. In addition
thereto a sign shall be posted in the sidewalk space adjacent to the premises in question, stating that the obstruction
is deemed a public nuisance and a public health and safety hazard and should be removed.
(Code 1982, § 29-140)
Sec. 32-251. Removal by city.
If any obstruction existing in violation of this article is not destroyed, removed or trimmed to comply with the
requirements of this article within 90 days from the date of the notice, the city manager shall destroy, remove or trim
the obstruction, and the cost shall be assessed against the property on which such obstruction exists pursuant to
law, including Minn. Stats. § 412.221, subd. 6 and Minn. Stats. § 429.101.
(Code 1982, § 29-141)
Authority of city council to regulate the use of streets and other public grounds, to prevent encumbrances and
State law reference—
obstructions, to cause encumbrances, obstructions, etc., to be removed and the cost assessed against the property as a special
assessment, Minn. Stats. § 412.221, subd. 6; authority of city council to provide for the collection of unpaid special charges for the cost
of removal or elimination of public health or safety hazards from private property as a special assessment, Minn. Stats. § 429.101.
Secs. 32-252—32-280. Reserved.
FOOTNOTE(S):
--- () ---
3
Traffic and vehicles, ch. 36. (Back)
Cross reference—
23
Attachment 7
Maplewood, Minnesota, Code of Ordinances >> - CODE OF ORDINANCES >> Chapter 12 - BUILDINGS AND BUILDING
REGULATIONS >> ARTICLE VI. - CONTRACTORS AND SUBCONTRACTORS >> DIVISION 2. LICENSE AND
REGISTRATION >>
DIVISION 2. LICENSE AND REGISTRATION
Sec. 12-207. General types of work.
Sec. 12-208. Application for and issuance of license; license fees; registration required.
Sec. 12-209. Duration of licenses; consequences of nonrenewal.
Sec. 12-210. Liability insurance.
Sec. 12-211. Renewal of license after expiration date.
Sec. 12-212. Work covered under license issued to general contractors; requirements of subcontractors.
Sec. 12-213. Qualifications for licenses.
Sec. 12-214. Exemptions for homeowners.
Sec. 12-215. Special licenses for certain work.
Sec. 12-216. Sewer installer licenses.
Sec. 12-217. Sign installer licenses.
Secs. 12-218—12-246. Reserved.
Sec. 12-207. General types of work.
Before any person shall engage in the business of doing or performing in the city any of the following various
types of work he shall first obtain a license or register to do so as provided in this article:
(1)Cement work, cement blockwork, cement blocklaying or brickwork.
(2)
General construction, including erection, alteration or repair of buildings.
(3)
The moving or wrecking of buildings.
(4)
Plastering, outside stucco work or lathing.
(5)
Plumbing, including installation of outside sewage disposal plants.
(6)
Heating.
(7)
Gas installation, including heating, appliances, devices or machinery, etc.
(8)
Well drilling.
(9)
Roofing.
(10)
Sign and billboard erecting.
(11)
Excavators for basements, foundations, grading of lots, etc.
(12)
Cesspool and private sewer disposal installers.
(13)
Sodding and landscaping.
(14)
Elevators.
(Code 1982, § 9-161)
Sec. 12-208. Application for and issuance of license; license fees; registration required.
(a)Application for any license required by section 12-207 shall be filed with the city clerk on the appropriate form
furnished by the city. Any license required by section 12-207 shall be issued by the city clerk.
(b)
The license fee for any license required by section 12-207 shall be imposed, set, established and fixed by the
city council, by resolution, from time to time.
(c)
Plumbers, building movers or other crafts, which are licensed by the state and which the city is prohibited from
licensing, who undertake to perform work and obtain permits within the city shall first register with the city clerk
and shall provide proof of public liability insurance as required by this article. Such state-licensed contractors
24
shall also provide any additional insurance or indemnity bond required by the city council by resolution to
protect property of the city when such work is being done in or upon any city street or other public right-of-way
or upon any of the city-owned utilities located in such street or right-of-way.
(Code 1982, § 9-162)
State licensing of building movers, Minn. Stats. § 221.81; state licensing of plumbers, Minn. Stats. § 326.40.
State law reference—
Sec. 12-209. Duration of licenses; consequences of nonrenewal.
(a)All licenses issued under section 12-208 shall expire on December 31 following the date of issuance, unless
sooner revoked or forfeited.
(b)
If a license granted under section 12-208 is not renewed prior to its expiration, all rights granted by such
license shall cease, and any work performed after the expiration of the license shall be in violation of this
Code.
(Code 1982, § 9-163)
Sec. 12-210. Liability insurance.
Any person applying for any license enumerated in section 12-207 shall file with the city clerk a certificate to
the effect that public liability and property damage insurance is in force and shall remain and be in force and effect
during the entire term of such license and shall contain a provision that such insurance shall not be cancelled without
ten days' written notice to the city. Public liability insurance shall not be less than $25,000.00 for injuries, including
accidental death to any one person, and, subject to the same limit for each person, in an amount of not less than
$50,000.00 on account of any one accident and property damage insurance in the amount of not less than $5,000.00
on account of damage to any one party and not less than $25,000.00 on account of any one accident. As to gas
installers, such public liability insurance shall be for not less than $25,000.00 for injuries, including accidental death,
to any one person, and, subject to the same limit for each person, in an amount of not less than $50,000.00 on
account of any one accident and property damage in the amount of not less than $25,000.00. No license shall be
issued until such certificate of insurance shall have been filed and approved by the city clerk.
(Code 1982, § 9-164)
Sec. 12-211. Renewal of license after expiration date.
Any person renewing his license under section 12-208 after the expiration date shall be charged the full
annual license fee. No prorated license fee shall be allowed for renewals.
(Code 1982, § 9-165)
Sec. 12-212. Work covered under license issued to general contractors; requirements of
subcontractors.
(a)A license granted under section 12-207 to a general contractor shall include the right to perform all of the
work included in his general contract. Such license shall include any or all of the persons performing the work
which is classified and listed in section 12-207, providing that each person performing such work is in the
regular employ of such general contractor and qualified under state law and this Code to perform such work.
In these cases, the general contractor shall be responsible for all of the work so performed.
(b)
Subcontractors on any work classified and listed in section 12-207 shall be required to comply with the
sections of this Code pertaining to license, bond, qualifications, etc., for their particular type of work.
(Code 1982, § 9-166)
Sec. 12-213. Qualifications for licenses.
Except as otherwise provided by law, each applicant for a license under section 12-208 shall satisfy the city
council that he is competent by reason of education, special training, experience and that he is equipped to perform
the work for which a license is requested in accordance with all state laws, city ordinances and this Code.
25
(Code 1982, § 9-167)
Sec. 12-214. Exemptions for homeowners.
A homeowner in the city shall have an exemption, utilized no more often than once every five years, from
needing the license for doing or performing any of the various types of work on his own home for which a license is
required in section 12-207.
(Code 1982, § 9-168)
Sec. 12-215. Special licenses for certain work.
The council may, by resolution, provide for any special licenses and set the fees for any work or services
pertaining to construction, reconstruction, revocation or repair of buildings or appurtenances thereto, when the
council deems in its discretion that the licenses provided for in section 12-207 do not properly pertain to the work or
service to be covered by such licenses.
(Code 1982, § 9-169)
Sec. 12-216. Sewer installer licenses.
(a)Before any person is licensed to engage in the business of sewer installation within the city, he shall make
application to the city for such license, shall pay the following fee and shall file with the city clerk the following
bond and insurance requirements:
(1)
The fee for such license shall be imposed, set, established and fixed by the city council, by resolution.
Each license shall terminate on June 30 next after its issuance. Licenses shall not be transferable.
(2)
A surety bond shall be provided in the currently required amount, running to the city, approved by the
city council. The bond shall be conditioned that the city will be saved harmless from any loss, damage,
cost or expense by reason of any work performed under this Code or by reason of improper or
inadequate performance or compliance with the terms of this Code by the holder of the license, his
agent or employees.
(3)
A certificate of insurance or copies of public liability and property damage insurance policies, as
provided for in section 12-208, shall be provided.
(b)
The city council may revoke any license issued under this section at any time, if the licensee shall violate any
city ordinance.
(c)
No licensee shall allow his name to be used by any other person for the purpose of doing any sewer
installation work within the city.
(Code 1982, § 9-170)
Sec. 12-217. Sign installer licenses.
(a)No person shall be engaged in the business of installing, erecting, constructing or removing signs within the
city without first obtaining a license. Such license shall be issued by the city manager upon application
therefor. Such license shall be for one calendar year, and the annual fee for such license shall be established
by resolution of the city council. A separate fee schedule shall be established for temporary signs.
(b)
Every person licensed under subsection (a) of this section and regularly engaged in the business of erecting
advertising and business signs in the city shall, before permits are granted, file with the city clerk a continuing
bond in the currently required amount executed by the applicant and a surety company approved by the city
attorney and conditioned for the faithful observance of the requirements of this Code, which shall indemnify
and save harmless the city from any and all damages, costs or expenses which the city may incur or suffer by
reason of granting such permit or have the sign contractor bond pursuant to Minn. Stats. § 325E.58. A liability
insurance policy issued by an insurance company authorized to do business in this state, conforming to this
section, shall be permitted in lieu of the bond. Any person lawfully maintaining sign structures regulated by
chapter 36, article III, at the time of its original enactment (July 14, 1977), shall comply with this section which
26
shall indemnify and save harmless the city from any and all damages, costs or expenses which the city may
incur or suffer by reason of granting such permit or have sign contractor bond per Minn. Stats. § 325E.58.
(Code 1982, § 9-171; Ord. No. 837, § 12-217, 5-27-2003; Ord. No. 837, rev. 8-27-2007)
Secs. 12-218—12-246. Reserved.
27
(Code 1982, § 9-167)
Sec. 12-214. Exemptions for homeowners.
A homeowner in the city shall have an exemption, utilized no more often than once every five years, from
needing the license for doing or performing any of the various types of work on his own home for which a license is
required in section 12-207.
(Code 1982, § 9-168)
Sec. 12-215. Special licenses for certain work.
The council may, by resolution, provide for any special licenses and set the fees for any work or services
pertaining to construction, reconstruction, revocation or repair of buildings or appurtenances thereto, when the
council deems in its discretion that the licenses provided for in section 12-207 do not properly pertain to the work or
service to be covered by such licenses.
(Code 1982, § 9-169)
Sec. 12-216. Sewer installer licenses.
(a)Before any person is licensed to engage in the business of sewer installation within the city, he shall make
application to the city for such license, shall pay the following fee and shall file with the city clerk the following
bond and insurance requirements:
(1)
The fee for such license shall be imposed, set, established and fixed by the city council, by resolution.
Each license shall terminate on June 30 next after its issuance. Licenses shall not be transferable.
(2)
A surety bond shall be provided in the currently required amount, running to the city, approved by the
city council. The bond shall be conditioned that the city will be saved harmless from any loss, damage,
cost or expense by reason of any work performed under this Code or by reason of improper or
inadequate performance or compliance with the terms of this Code by the holder of the license, his
agent or employees.
(3)
A certificate of insurance or copies of public liability and property damage insurance policies, as
provided for in section 12-208, shall be provided.
(b)
The city council may revoke any license issued under this section at any time, if the licensee shall violate any
city ordinance.
(c)
No licensee shall allow his name to be used by any other person for the purpose of doing any sewer
installation work within the city.
(Code 1982, § 9-170)
Sec. 12-217. Sign installer licenses.
(a)No person shall be engaged in the business of installing, erecting, constructing or removing signs within the
city without first obtaining a license. Such license shall be issued by the city manager upon application
therefor. Such license shall be for one calendar year, and the annual fee for such license shall be established
by resolution of the city council. A separate fee schedule shall be established for temporary signs.
(b)
Every person licensed under subsection (a) of this section and regularly engaged in the business of erecting
advertising and business signs in the city shall, before permits are granted, file with the city clerk a continuing
bond in the currently required amount executed by the applicant and a surety company approved by the city
attorney and conditioned for the faithful observance of the requirements of this Code, which shall indemnify
and save harmless the city from any and all damages, costs or expenses which the city may incur or suffer by
reason of granting such permit or have the sign contractor bond pursuant to Minn. Stats. § 325E.58. A liability
insurance policy issued by an insurance company authorized to do business in this state, conforming to this
section, shall be permitted in lieu of the bond. Any person lawfully maintaining sign structures regulated by
chapter 36, article III, at the time of its original enactment (July 14, 1977), shall comply with this section which
28
Attachment 8
29
30
31
32
Attachment 9
Maplewood Big Tree Registry
Maplewood's Search for Big Trees
Maplewood is developing a registry of the largest native trees in the city. Trees are awarded
points for circumference, height and crown spread. When a contender is found to be largest of
its kind in Maplewood, it is designated “The Champion” and is listed on Maplewood’s Big Tree
Registry.
The Maplewood Big Tree Registry is administered by the Maplewood Nature Center. If you
have questions, please call 651-249-2170.
Nominate a Tree
Do you know any huge, old trees that amaze or inspire you? Please help us identify the
champion individuals for the forty-four coniferous and deciduous tree species native to
Maplewood. To nominate a tremendous tree, download the nomination form (link below) and
mail completed form to Maplewood Nature Center.
After a tree is nominated, trained volunteers measure the tree and take its photo. The
measuring protocol follows that of the Minnesota Department of Natural Resources Big Tree
Registry. For details on how the measurements are taken, visit the State’s “Measuring a Tree”
webpage (link below).
Borrow a Tree Measuring Kit
Tree measuring kits are available at Maplewood Nature Center. Kits can be checked out for
four weeks with a $15 returnable deposit.
Big Trees are Valuable!
Did you know that one large tree can:
Absorb 30 tons of carbon dioxide in its lifetime;
Produce enough oxygen for two to four people;
Cause as much as a 35 degree cooling difference in air temperature;
Remove 60 to 70 times the amount of air pollution as a small tree.
Take time today, to appreciate our old woody friends!
More information
Big Tree Registry Nomination Form
http://www.ci.maplewood.mn.us/DocumentCenter/Home/View/1315
Maplewood Big Tree Registry
http://www.ci.maplewood.mn.us/index.aspx?NID=405
Native Species List for Maplewood Big Tree Registry
http://www.ci.maplewood.mn.us/DocumentCenter/Home/View/1437
MN DNR Big Tree Registry main page, with links to state champion registries
http://www.dnr.state.mn.us/trees_shrubs/bigtree/index.html
MN DNR Big Tree Registry brochure
http://files.dnr.state.mn.us/natural_resources/plants/trees_shrubs/bigtree/bigtree_09
brochure_web.pdf
Measuring a Tree
http://www.dnr.state.mn.us/trees_shrubs/bigtree/measuring.html
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Attachment 10
34
Attachment 11
35
Attachment 12
City of Maplewood, Minnesota – Boulevard Tree Plan
Report Compiled by: University of Minnesota, Department of Forest Resources
Urban Forest Management Class, FR 4501/5501:
Hannibal Hayes, Zach Hylinski, Joe Larson, Jeff Martin and Philip Potyondy.
Gary Johnson, Instructor
April 7, 2009
I. Introduction and Background.
II.Site Criteria.
III.Design Criteria.
IV.Resources
V.Glossary
I.INTRODUCTION AND BACKGROUND
“The muddle (i.e., confused mess) of the boulevard trees…is a subject worth rubbing into
the sensibilities of the citizens who are supposed to take some interest occasionally in the
more general affairs of the community. (note: The proposal for boulevards trees was
denied by the mayor, despite the support of the community, four times over the past two
years) Authority for the work contemplated was to be vested in the Parks Department,
which seemed to be the proper agency to carry out such a law, but no provision for the
expenditure of money…was made. Had this bill become law two years ago and had any
reasonable, intelligent effort been made to make available its provisions, it is safe to say
that the unfortunate muddle of the trees…could have been avoided or at least
ameliorated.
What is needed only is that this, like any other work worth doing, should be well done.
First is required a carefully selected young nursery-raised tree, sound, shapely and with
good roots; next an ample provision of soil for the support of the trees and (finally) the
work of planting and protecting the tree…(be) properly done.”
John Culyer, New York City to the City of New York, October 4, 1900.
(This letter was published in the New York Times on October 7, 1900. John Culyer was
a member of the New York Tree Planting Association.)
ROW vs. Traditional Boulevards
Boulevards (originally termed “tree lawns”)are defined as the space between the outside
edge of a street and/or curb and the city/state Right-of-Way (ROW) property line.
Boulevards may or may not include sidewalks; however, if they do, the boulevard is then
commonly considered the area between the public sidewalk and the inside of the street or
street curbing.
Benefits of boulevard trees or street trees have been documented in a number of
perspectives, but specifically the Midwest has been the site and source of many surveys
and community forestry analyses. Documented benefits include the more difficult-to-
1
measure, yet critical community benefits. Of those, the most notable benefits relate to
health (decreased healing times for hospital patients), education (higher youth academic
scores, higher academic involvement with youth), decreased crime and increased safety
(literally, lower incidences of violence in canopies versus barren housing developments),
increased economic development (higher retail rates for businesses near public tree
canopies) and greater community empowerment and involvement.
Not all social/community benefits are as measurable. The everyday natural surroundings
of an urban forest provide a deep emotional, almost spiritual attachmentto the trees and
community for many people. Often, families plant trees inmemory of a loved one or as a
family project. As the family grows, the tree grows. Community involvement in public
tree planting helps develop a stronger link between the involved citizens and the
community, nurturing a sense of community pride and citizen ownership.
Environmental benefits from urban trees are more common, objective and well-
documented than some of the social benefits. In a recent urban tree assessment and
evaluative study conducted in Minneapolis, environmental benefits were found to be
consistent with other cities in the Upper Midwest. Mature and healthy trees offer a range
of environmental benefits that can be measured, can be translated as dollars earned or
saved. For instance, healthy and mature small trees present an annual dollar benefit range
from $3-15/tree. For medium sized trees, the benefits range from $4-34 per tree per year,
and for large, mature trees, the range is $58-76. Big, healthy, mature trees return big
benefits.
Status of Boulevard Tree Ordinances or Policies in the TCMA
A review of the on-line versions of boulevard tree ordinances or policies for communities
in the Twin Cities Metropolitan Area (TCMA) revealed that most communities hada
boulevard tree plan on record. These plans ranged from detailed and comprehensive tree
selection, placement, planting and subsequent care (e.g., West St. Paul, St. Paul, Eagan,
Chanhassen, Minnetonka, St. Louis Park, Farmington, Hastings, Apple Valley), to
communities that either ban boulevard trees (Bloomington) or place part of the
responsibilities on property-owners (Burnsville). In most communities, developed
boulevard tree programs are imbedded in larger, more comprehensive urban forestry
programs.
II.SITE CRITERIA
Site Preparation
-Impact of soils
Soil test
. Prior to selecting species for the various boulevards, a soil test shall be
conducted to determine organic matter content, pH, and amount of soluble salts in
particular. All of these soil characteristics will affect the species selection.
Drainage and Compaction tests.
Percolation test –dig a hole 24” deep, fill with
water and let drain, refill and time how long it takes to drain. Complete drainage
within 24 hours indicates a soil with an adequate percolation rate.
2
Portable static cone penetrometer-is a modified soil probe that measures
resistance of a probe when pushed into the ground. A soil with a penetrometer
reading of 300 psi or less is considered adequate for tree root establishment.
Soil amendment
s. Anything deficient should be corrected prior to planting
boulevard trees. Organic matter will add nutrients to the soil and help prevent soil
compaction. Compacted soils can be moderated by loosening the soil in the area
with a tiller, auger, backhoe, or shovel. If soil will be unable to sustain a healthy
tree, total soil replacement should be considered.
-Grading
Trees should only be planted in either neutral or positive grades. Negative grades
(depressions)should be amended to improve drainage or not be considered for
planting.
-Sightlines
Trees must not block or obstruct drivers from seeing other traffic, road signs,
pedestrians, etc.No branches lower than 6’6” should be planted within sightline
zones.
-Boulevard Widths
The amount of space available on a boulevard is an important factor in species
selection. Roots will not grow to their full potential if they are cut off by
sidewalks, curbs, or roads. If trees are placed too close to the road, there is a risk
of damage from deicing salt and plows, and damage from trucks to the low-
hanging branches. A minimum boulevard width (recommended as a minimum of
10feet) should put into effect in order to ensure the proper amount of room for
growth.
-Spacing
Adequatespacing of trees will reduce the competition for resources(water and
nutrients) by tree roots, resulting in weakened trees. Consider the mature size of
the tree in your spacing plan. Minimum spacing for a mature large treeis 25 feet.
Costs Associated with Site Preparation
It should be expected that inspecting and researching soil types, sightline considerations,
boulevard widths, and spacing will all come at an expense associated with employee
payroll. These costs are essential to the health and longevity of the selected tree species,
and should be considered in the overall budget of a boulevard tree program.
Approximated site preparation labor and materials expenses can be calculated using one
of two available resources:‘Landscape Data Manual’ or“Kerr’s Cost Data for Landscape
Construction.” These manuals break down site preparation requirements such as soil
loosening and equate them to a range of required labor hours or machinery hours.
3
Costs vary greatly depending on the condition of the planting site, the size and spacing of
plant materialsand general site access. It is recommended that all site preparation and
planting of trees be contracted out to qualified landscape installation contractors on a
low-bid basis.It is recommended that the City of Maplewood contact the Minnesota
Department of Transportation and obtain a current copy of the “Inspection and Contract
Administration Manual for MnDOT Landscape Projects and use thesecriteria for
establishing low-bid contract specifications.
Street Proximity and Minimum Boulevard Widths
As specified under ‘site preparation’, adequate spacing and distance from street to tree
are integral to the health and safety of any tree. Therefore, it is recommended that a
minimum boulevard width(10feet) be enacted on any new boulevardin order to promote
proper root growth and tree health. In the absence of a formal boulevard,a minimum
distance of 16-18feet from the inside edge of the street curbing should be advocatedon
residential-lined streets (this allows for the futureoption of a 10foot wide boulevard,a 5
foot wide public sidewalkand a safe distance of approximately 3 feet from the previously
installed tree; this distance willminimize any damage to the trees’ root systems from the
installation of the hardscapes). For arterial streets not lined with residential properties,
move the trees as far away from the edge of the street as possible.
Planting Specifications
-Tree Size
A minimum size of 1 ¼ “ to 2” caliper tree, either bare-rooted, containerized or
balled and burlapped (B&B).
-Inspect tree
Prune out any dead or broken branches and codominant leaders. Do notprune
species during their insect and disease susceptibility periods during the growing
season. For example, do not prune oaks during the spring and summer because of
the increased chances of spreading oak wilt.
Uncover the root flare in order to avoid “planting” the trees too deep. Deep
planting leads to a decline in tree health and the development of stem girdling
roots (SGR). These(SGR) will eventually strangle the tree causing death or a
unstable hazardous tree. Also remove any damaged or circling roots around the
root ball.
-Digging the hole
Hole size needs to be twice the diameter and the same depth as that of the root
ball. If the tree is being planted in poorly drained soils the root ball should be
planted a few inches above soil grade. Organic matter can be added at this time if
required.
4
-Planting
Trees should be planted straight and stable. If the trees require additional support
from stakes, only install as necessary. It is recommended that the staking
specifications as provided in the Mn/DOT Inspection and Contract Administration
Guidelines be followed.
Back fill the planting hole making sure to compact the backfill soilevery couple
of inches. Finally, mulch an 18 inch (or greater) radial ring, 4 inches deep around
the tree but do not cover any of the stemwith mulch.
-Ongoing Maintenance
1.5 gallons of water should be given for each diameter inch of the trunk.
Watering frequency will vary in accordance with soil type, boulevard width,
weather conditions, etc.
Sightline Safety Consideration:
Set back low vegetation (shrubs and grasses) from roads and intersections.
For instance, Minneapolis guidelines states no boulevard plantings above 36" except in
sightline zones (such as intersections), where they may be no taller than 18".Sightline
zones are defined in Minneapolis as 40' from a road intersection and 5' from a driveway
or alley.
Utility Consideration
For overhead utility considerations see "Plant Size" below.
Do not plant above buried utilities. The further a treeis planted away from buried utilities
the less likely it is to sustain harmful root damage during utility maintenance.
For instance, Concord MA recommends planting a minimum of 10' away from buried
utilities and a preferred distance of 20' (see Concord reference).
Distance from light posts and hydrants
To avoid root damage from utility maintenance, do not plant trees close to light poles,
hydrants, etc.
For instance, Concord MA recomends a minimum distance of 10'
Choose from Large Trees (over 50 ft.) and Medium Trees (26 -50 ft.) so that the crown
can eventually be raised above the light.
If desired, use plantings for the "Non-tree Boulevards" Scenario near light posts and
hydrants.
Spacing
With the goal of continuous tree canopy, we recommend plant spacing that is relative to
tree canopy size.In urban forests a good rule of thumb is to assume a tree will achieve
2/3 mature canopy height and spread as it would in ideal/natural environments.
Risk Management
A boulevard tree program must be integrated with the community’s overall risk
management plan for the urban forest. Boulevard trees must be community assets and
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like any other infrastructure asset, they should be monitored on a regular basis for early
detection of defects that may be classified as tree hazards. A defect may or may not
indicate the need for immediate action. A hazard is the determination that a defect could
cause a failure that would damage or injure private or public property, infrastructure such
as utility lines or injury to people. Risk assessment is the likelihood that the hazard
would happen and the degree of damage or injury that is most likely. Risk management
is the orderly process of monitoring, predicting and preventing hazards from developing
and causing damage or failure.
Risk assessment and management of boulevard trees is no different than any other public
infrastructure such as buried or suspended utilities, street lights or public sidewalks. It is,
however, unique in that it is an evaluation of biology and physics in many cases and
needs to be conducted by qualified personnel on a regular basis.
III.DESIGN CRITERIA
Note: “Typical”Scenarios.
All design criteria are organized into “typical” design
scenarios and are intended to provide flexible guidance.
A. Right of way / Green easements
Plant Size.
Options:
Large Trees (over 50 ft.), Medium Trees (26 -50 ft.), Small Trees
(under 25 ft.), Shrubs (if setback from road sides and intersections).
Suggested:
Large Trees (over 50 ft.)
If over head lines are present:
Options:
Only plant trees with maximum expected heights that will not reach the
height of the lowest overhead line.
Suggested:
The largest tree that will not reach the height of the overhead lines.
Examples:
High power lines (primary distribution lines) 45-50 feet high
use Medium Trees (26 -50 ft.) or Small Trees (under 25 ft.)
Low power lines (20-25 feet) use Small Trees (under 25 ft.)
Specimen vs Copse
Both specimen and copse(groupings of 3 or more trees)planting is appropriate.
Suggested:
Plant in groupings where possible.
Set-Backs
Within the recommended 10 foot wide boulevards, trees should be set back a
minimum distance of 4 feet. This allows some flexibility of placement within the
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boulevard (e.g., different species of trees can be “centered” between 4 and 8 feet from the
street curbing).
B. Non-Tree boulevards (less than 8')
Plant Size.
Note:
We do not advise planting trees in boulevards that are under (8 feet) wide.
Options:
Shrubs that are either under 30 inches tall or on a reasonable trimming
cycle (no less than one year) that sustains 30 inches or less in height; or ornamental
grasses/herbaceous plants that grow to less than 30 inches tall at maturity.
No special consideration if over head lines are present.
Specimenvs Copse
Group planting will have the largest visual impact and will also be the most
healthy.
C. Tree boulevards (greater than 8')
Plant Size
Options:
Large Trees (over 60 ft.), Medium Trees (26 -50 ft.), Small Trees
(under 25 ft.), Shrubs (if setback from road sides and intersections).
Suggested:
Large Trees (over 60 ft.) and Medium Trees (26 -50 ft.)
If over head lines are present:
Options:
Only plant trees withmaximum expected heights that will not reach the
height of the lowest overhead line.
Suggested:
The largest tree that will not reach the height of the overhead lines.
Examples:
High power lines (primary distribution lines) 45-50 feet high
use Medium Trees (26 -50 ft.) or Small Trees (under 25 ft.)
Low power lines (20-25 feet) use Small Trees (under 25 ft.)
Specimen vs Copse
Both specimen and copse planting are appropriate.
Suggested:
There may be limited locations for this but plant in grouping where
possible.
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D. Median strips / rotaries / roundabouts
Plant Size
Note:
Where possible do not plant turf in these areas in order to minimize mower
and trimmer damage.
Options:
Large Trees (over 60 ft.), Medium Trees (26 -50 ft.), Small Trees
(under 25 ft.), Shrubs (if setback from road sides and intersections).
Suggested:
Roundabouts: Use the entire range of plant sizes to create a mass of
plantings with a large canopy size. Use large trees in the center, and smaller trees
and shrubs on the outside.Also incorporate understory vegetation.
Median Strips: If sight lines from one lane to another are not needed, plant in a
dense manner using large trees and shrubs or grasses below them.
If over head lines are present:
Options:
Only plant trees who's maximum expected height will not reach the
height of the lowest overhead line.
Suggested:
The largest tree that will not reach the height of the overhead lines.
Examples:
High power lines (primary distribution lines) 45-50 feet high
use Medium Trees (26 -50 ft.) or Small Trees (under 25 ft.)
Low power lines (20-25 feet) use Small Trees (under 25 ft.)
Specimen vs Copse
Both specimen and copse planting is appropriate.
Suggested:
Plant in grouping where possible.
E. General provisions and notes:
Design guidelines
General boulevard/street tree design guidelines are provided in “The Road to a
ThoughtfulStreet Tree Master Plan: A Practical Guide to Systematic Planning
and Design.”The electronic version is accessible from the University of
Minnesota Forest Resources Extension web site.
Provision for existing trees(Canopy preservation)
Preservation of existing trees is of primary importance.Existing trees, if in
acceptable health and condition take priority over new plantings and spacing
should be adjusted accordingly.
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Traffic calming
Reduce spacing near intersections to give an impression of afaster rate of speed
to driverswhich tends to reduce the speed of traffic.
Example:If the typical spacing of trees on Maplewood’s boulevards is 35 feet,
plant trees 20-25 feet on center in areas where a slower traffic speed is desired.
The rapid frequency of tree trunks has a psychological effect that causes the
driver to feel that they are driving faster than they actually are.
Future Development
Reviewplanned widening projects and either plant trees knowing they will be
removed (perhaps fast growingtrees) or don't plant in areas of future
development.
Green Easements
Green Easements have been used successfully in many communities notably
Concord,MA.
The benefitsof "Green Easements" include:
Avoidance of utility conflicts
Avoidance of confined planting space (2-3 foot wide boulevards)
Avoidance ofdamageto hardscapes, such as curbing
Better rooting area (more area and away from
deicing salts)
One Sided Skinny Sidewalks
Advantages of "One Sided Skinny Sidewalks" over two sided sidewalks:
Less run off
Less maintenance
Less tree root damage from construction
Placement Options:
One sided skinny sidewalks should be placed a minimum of 8ft from the
roadway to ensure a boulevard which can sustain large trees.
Sidewalks should be placed directly next to the roadway.
F. General Design Criteria Guidelines: Species Selection
It is recommended that species distributionand selection be accomplished by
using plant selector software such as the Minnesota Department of Transportation’s
“Plant Selector,” available on the Mn/DOT web site. Species should be selected based on
the site criteria (e.g., proximity to deicing salt spray) and reviewed by the City’s
horticulturist and tree advisory board.
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The development of lists of “acceptable” or “unacceptable” species is not
recommended. Lists of these sorts are quickly outdated and tend to escape periodic
revisions.
RESOURCES
Benefits of Boulevard Trees
Social
http://www.biology.duke.edu/wilson/EcoSysServices/papers/GreenAmongtheConcrete.p
df
Economic
http://greenvalues.cnt.org/green-infrastructure
http://nrs.fs.fed.us/pubs/rb/ne_rb166.pdf(Assessing Urban Forest Effects and Values, the
Minneapolis Urban Forest)
Site Analysis
Testing Soil Compaction or Soil Compaction
http://www.gemplers.com/tech/compaction.htm
http://www.multiquip.com/multiquip/pdfs/product-brochures/Soil-compaction-2004-
handbook.pdf
http://soils.usda.gov/sqi/publications/files/sq_nin_1.pdf
Testing for Soil Characteristics
http://www.soils.umn.edu/academics/classes/soil2125/
http://www.soils.umn.edu/academics/classes/soil2125/doc/lecnots.htm
http://soils.usda.gov/sqi/assessment/files/bulk_density_sq_physical_indicator_sheet.pdf
http://soils.usda.gov/sqi/assessment/files/infiltration_sq_physical_indicator_sheet.pdf
http://soils.usda.gov/sqi/assessment/files/test_kit_complete.pdf
http://soils.usda.gov/sqi/assessment/test_kit.html
http://soils.usda.gov/use/urban/downloads/primer(for_printing).pdf
http://www.umass.edu/urbantree/mla.pdf
Urban, James. “Bringing Order to the Technical Dysfunction within the Urban Forest.”
Journal of Arboriculture 18(2) 1992: 85-90.
Comprehensive Tree Resources
http://www.treecanada.ca/programs/urbanforestry/cufn/resources_bmp.html#_Toc126753
321
http://cityofdavis.org/cmo/citycode/chapter.cfm?chapter=37
http://na.fs.fed.us/watershed/pdf/Urban%20Watershed%20Forestry%20Manual%20Part
%203.pdf
http://www.umass.edu/urbantree/mla.pdf
10
Sample Community Forestry Sites
http://www.stlouispark.org/homeowners.htm#3410
http://www.ci.minnetonka.mn.us/public_works/natural_resources/forestry.cfm
http://ci.andover.mn.us/index.asp?Type=B_BASIC&SEC=%7BA3A7D0AC-B87E-
43A5-9FB3-7BF7DA907722%7D&DE=%7BD725CF79-6AF8-4509-BB31-
0A34312C0BCA%7D
http://www.ci.fergus-falls.mn.us/pdf/ParkPlan/AppendixB-ApprovedTreesFinal.pdf
http://www.ci.maple-grove.mn.us/filestorage/143/199/564/TreeSiteSelection.pdf
Other community websites:
http://www.stlouispark.org/homeowners.htm#3410
http://www.isa-arbor.com/publications/ordinance.aspx
http://www.ci.minnetonka.mn.us/public_works/natural_resources/forestry.cfm
http://www.ci.fergus-falls.mn.us/pdf/ParkPlan/AppendixB-ApprovedTreesFinal.pdf
http://ci.andover.mn.us/index.asp?Type=B_BASIC&SEC=%7BA3A7D0AC-B87E-
43A5-9FB3-7BF7DA907722%7D&DE=%7BD725CF79-6AF8-4509-BB31-
0A34312C0BCA%7D
Design
Placement
http://www.forestry.umn.edu/extension/urban_com/Street%20Tree%20Manual.REVISE
D_2008.pdf(or, type in Forest Resources Extension, go to the web site and click on The
Road to a Thoughtful Street Tree Master Plan,” under Hot Topics, left side column)
http://joa.isa-arbor.com/request.asp?JournalID=1&ArticleID=2609&Type=2
http://www.umass.edu/urbantree/mla.pdf
Trees Near Power lines
http://www.mnpower.com/treebook/tree/strplntg.gif
http://www.umass.edu/urbantree/mla.pdf
http://www.dec.ny.gov/lands/27731.html
http://selectree.calpoly.edu/utilityTree_zones.lasso
http://www.ci.fergus-falls.mn.us/pdf/ParkPlan/AppendixB-ApprovedTreesFinal.pdf
Green Easements
http://www.dfr.state.nc.us/Urban/urban_green_infrastructure.htm
http://greenvalues.cnt.org/green-infrastructure
http://extension.osu.edu/~news/story.php?id=3059
http://www.biology.duke.edu/wilson/EcoSysServices/papers/GreenAmongtheConcrete.p
df
http://www.usgbc.org/Docs/Archive/MediaArchive/703_Bunster-Ossa_PA355.pdf
http://www.dnr.state.mn.us/forestry/easement/easementrequirements.html
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Tree Selection
General Tree Selection
http://dotapp7.dot.state.mn.us/plant/
http://www.ci.fergus-falls.mn.us/pdf/ParkPlan/AppendixB-ApprovedTreesFinal.pdf
http://www.stlouispark.org/webfiles/File/RECOMMENDED%20TREES%20FOR%20S
T.pdf
Dutch Elm Disease Resistant Elm
http://www.tre.umn.edu/current_research/elms/ElmsTwinCities-Guide.pdf
http://www.tre.umn.edu/current_research/elms/ElmsTwinCities-Table.pdf
http://www.extension.umn.edu/projects/yardandgarden/ygbriefs/p425dutchelm-
resistant.html
http://www.extension.iastate.edu/Publications/SUL4.pdf
Trees for High pH
http://www.ci.maple-grove.mn.us/filestorage/143/199/564/TreeSiteSelection.pdf
http://selectree.calpoly.edu/?-session=selectree:806549CF080f116E28nTH1E83E5F
http://selectree.calpoly.edu/attribute_search.lasso
http://joa.isa-arbor.com/request.asp?JournalID=1&ArticleID=2610&Type=2
http://www.sustland.umn.edu/maint/woody_maint.html
http://www.extension.umn.edu/distribution/naturalresources/DD7502.html
Trees that tolerant to Deicing Salt
http://www.extension.umn.edu/distribution/naturalresources//DD1413.html
http://www.extension.umn.edu/distribution/naturalresources/DD7502.html
http://www.ci.fergus-falls.mn.us/pdf/ParkPlan/AppendixB-ApprovedTreesFinal.pdf
http://www.mnstac.org/STA/2003/MNSTAC_03_spring.pdf(not exact, overview of)
http://www.saltinstitute.org/content/download/480/2980
http://www.michigan.gov/documents/ch3-deice_51440_7.pdf
Tree Care/Maintenance
General Maintenance
“Tree Owner’s Manual for Northeastern and Midwestern United States.”
<http//na.fs.fed.us/pubs/uf/tom/090202_tom_hr.pdf.> Nov. 2008. 29
Estimating Costs of Installation/Maintenance
The Landscape Data Manual, published by the California Landscape Contractors
Association, Inc. 2021 N. Street, Suite 300, Sacramento, CA 95814. Type this title into
any search engine for ordering. Multiple sources for purchase.
Kerr’s Cost Data For Landscape Construction. Unit Prices for Site Development.
Norman L. Dietrich, author. Type this title into any search engine for ordering
information.
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Best Planting Practices
http://www.mnstac.org/STA/1999/99spr.pdf
http://www.treehelp.com/howto/howto-plant-a-tree.asp
http://www.forestry.umn.edu/extension/urban_com/Planting/How%20To%20Plant%20a
%20TreeFINAL.pdf
http://www.forestry.umn.edu/extension/urban_com/Planting.html
http://na.fs.fed.us/watershed/pdf/Urban%20Watershed%20Forestry%20Manual%20Part
%203.pdf
Best Pruning Practices
http://www.mnstac.org/STA/1999/99spr.pdf
http://www.forestry.umn.edu/extension/urban_com/Pruning.html
http://www.na.fs.fed.us/spfo/pubs/howtos/ht_prune/prun001.htm
http://www.treecanada.ca/programs/urbanforestry/cufn/resources_bmp.html#_Toc126753
337
Mulching Trees & Shrubs
http://www.mnstac.org/STA/1999/99spr.pdf
http://www.forestry.umn.edu/extension/urban_com/MulchingComposting.html
http://www.sustland.umn.edu/maint/evergreen.html#3a
http://www.utextension.utk.edu/publications/spfiles/SP617.pdf
http://www.sustland.umn.edu/implement/trees_turf.html
http://www.dnr.state.mn.us/treecare/woodchips/index.html
http://www.sustland.umn.edu/maint/mulching.html
http://shadetreeexpert.com/mulch.html
Risk Assessment and Management
Urban Tree Risk Management, published by the U.S. Forest Service.
http://www.na.fs.fed.us/spfo/pubs/uf/utrmm/
Minnesota Law and Trees
http://www.forestry.umn.edu/extension/urban_com/MinnesotaLawsAndTrees.html
V.GLOSSARY
Boulevard
:Loosely regarded as the “tree lawn.” Public greenspace in the right
of way that may or may not contain a sidewalk as the inside boundary of the boulevard.
Defects
:Reference to tree condition that makes the tree or tree part more
likely to fail. For example, weakly attached branches, root systems that have been cut.
Green Easement
:The city-owned right of way in a residential front lawn that
can be used for the placement of “street trees.” Said trees are considered the property of
the city unless otherwise stated.
Hazard Trees:
Trees with defects that could cause damage to people or
property (targets) if the defects caused a failure of the tree or tree parts.
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Percolation Rate:
A measure of the drainage rate of a landscape soils. An
acceptable percolation rate for trees is a hole24 inches deep filled with water will
completely drain within 24 hours. If after 24 hours some level of water remains in the
hole, the soil is termed poorly drained to some degree and the selection of plant material
for that area must be limited to treesthat perform well on poorly drained soils.
Right of Way:
The city-owned portion of a residential lawn that
allows the city to maintain its infrastructure such as buried utilities.
Risk Management:
The development of a protocol for the regular monitoring
and assessment of urban trees for their hazard potential, and the development of a
prioritized management program to reduce the likelihood of damage due to tree hazards
to an acceptable level of risk. Common management tactics include removal of low-
hanging branches over sidewalks and tree preservation plans that restrict the degree of
construction damage to existing trees.
Sight Lines
:The area at intersections that must remain open and clear to
observe on-coming traffic or pedestrians. Sight lines must be clear of tall vegetation, low
tree branches, signage or any other public or private infrastructure.
Urban Tree Program:
A comprehensive management program that
includes but is not limited to: community tree design master plan, planting and selection
guidelines, tree and urban forest health management policies, tree preservation plans and
risk assessment and management plans.
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