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1 <br />2 352 Landmark trees. <br />3 A landmark tree shall be any tree, public or private, that has been designated as such by the city council, <br />4 after public hearing and due notice to the owner of the tree. The criteria of such designation shall include, <br />5 but not necessarily be limited to, notable historical interest and value to the city because of its location <br />6 or historical association with the community. <br />7 <br />8 353 Public trees. <br />9 (A) Authority. The city shall have the right, but does not have the obligation, to plant, prune, maintain <br />10 and remove trees, plants and shrubs within the public right-of-way of all streets, alleys, avenues, <br />11 lanes, squares, parks, and public grounds, as may be necessary to ensure public safety or to preserve <br />12 or enhance the symmetry and beauty of such public grounds areas. <br />13 (B) Removal of public trees. No trees, brush, vines, shrubs and/or ground cover are to be removed by <br />14 anyone, including adjacent landowners or agents of any landowner, from any city -owned land, <br />15 greenways or access corridors from greenways without the written permission of the city. <br />16 (C) Storage upon public land. No person shall deposit, place, store, or maintain upon any public place <br />17 land of the municipality city any stone, brick, sand, concrete, vehicles, equipment, toxins, animals, <br />18 tree carving, or other materials which may impede the free passage of water, air, or fertilizer to the <br />19 roots of any tree growing therein, except by written -permit permission of the city. <br />20 {-d) Signage. It shall be unlawful for any person, firm, or public utility to attach any -sign, advertisement, <br />21 political endorsement or notice to any public trcc. <br />22 (D) Operation of equipment. <br />23 (1) All maintenance equipment, implements, machines and tools shall be used or operated in <br />24 such a manner as not to damage or destroy any tree, shrub or plant in any public right-of-way <br />25 or park. <br />26 (2) During the erection, repair, alteration or removal of any building, house or structure, in the <br />27 city, any person, firm, or corporation in charge of such work shall protect any tree in any public <br />28 place within the city in the vicinity of such building or structure with sufficient guards or <br />29 protectors to prevent injury to such tree. <br />30 (E) Notifying adjacent property owners of maintenance work. An attempt *-ay shall be made to inform <br />31 adjacent property owners of maintenance work on trees and landscaping along boulevards, city <br />32 property, and easements. This notification will be left with direct and adjacent property owners. <br />33 Suitable precautions shall be taken to protect and warn the public that spraying is being done to <br />34 public trees. Spraying will be done only if following an integrated pest management plan as <br />35 exemplified under such topic within the state department of agriculture and be completed by a <br />36 Minnesota Department of Agriculture licensed pesticide applicator. <br />37 {-G) Adjacent landowner' limited responsibility. Trees planted along city property lin-os will bc watered <br />38 by those property owners adjacent to said trccs. No one other than employees or their designee <br />39 trim, prune, or remove public trccs <br />40 <br />41 354 Private trees in new development areas. <br />42 (A) Requirements for a tree preservation plan. Prior to any development, land clearing filling, or any <br />43 other land alteration, as described in subsection (B) of this section, a tree preservation plan shall be <br />44 submitted to and approved by the city. Thc developer shall bc required to erect suitable protective <br />45 barriers armed all trees to be preserved and the&c protective structures, where required, shall <br />46 f-emain until such time they arc authorized to bc removed by the city or issuance of a final <br />47 certificate of occupancy, <br />48 (B) Tree preservation plan. A tree preservation plan shall be submitted with preliminary plats and/or <br />49 site plans, drawn to the same scale as the other preliminary plat or site plan submittals. Thc <br />Page 46 of 160 <br />