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1 A landmark tree shall be any tree, public or private,that has been designated as such by the city council, <br /> 2 after public hearing and due notice to the owner of the tree.The criteria of such designation shall include, <br /> 3 but not necessarily be limited to, notable historical interest and value to the city because of its location <br /> 4 or historical association with the community. <br /> 5 <br /> 6 353 Public trees. <br /> 7 (A) Authority. The city shall have the right, but does not have the obligation,to plant, prune, maintain <br /> 8 and remove trees, plants and shrubs within the public right-of-way of all streets, alleys, , <br /> 9 s�squares,parks,and public grounds,as may be necessary to ensure public safety or to preserve <br /> 10 or enhance the symmetry and beauty of such areas. <br /> 11 (B) Removal of public trees. No trees, brush, vines, shrubs and/or ground cover are to be removed by <br /> 12 anyone, including adjacent landowners or agents of any landowner, from any city-owned land, <br /> 13 greenways or access corridors from greenways without the written permission of the city. <br /> 14 (C) Storage upon public land. No person shall deposit, place, store, or maintain upon any public <br /> 15 land of the city any stone, brick, sand, concrete,vehicles, equipment,toxins, animals, <br /> 16 tree carving,or other materials which may impede the free passage of water,air,or fertilizer to the <br /> 17 roots of any tree growing therein, except by written permission of the city. <br /> 18 , <br /> 19 . <br /> 20 (D) Operation of equipment. <br /> 21 (1) All maintenance equipment, implements, machines and tools shall be used or operated in <br /> 22 such a manner as not to damage or destroy any tree, shrub or plant in any public right-of-way <br /> 23 or park. <br /> 24 (2) During the erection, repair, alteration or removal of any building, house or structure, in the <br /> 25 city,any person,firm,or corporation in charge of such work shall protect any tree in any public <br /> 26 place within the city in the vicinity of such building or structure with sufficient guards or <br /> 27 protectors to prevent injury to such tree. <br /> 28 (E) Notifying adjacent property owners of maintenance work. An attempt Fnay shall be made to inform <br /> 29 adjacent property owners of maintenance work on trees and landscaping along boulevards, city <br /> 30 property, and easements. This notification will be left with direct and adjacent property owners. <br /> 31 Suitable precautions shall be taken to protect and warn the public that spraying is being done to <br /> 32 public trees. Spraying will be done only if following an integrated pest management plan as <br /> 33 exemplified under such topic within the state department of agriculture and be completed by a <br /> 34 Minnesota Department of Agriculture licensed pesticide applicator. <br /> 35 <br /> 36 <br /> 37 I I I%A Y rengevp p,-Mir-+ <br /> n �- <br /> 38 <br /> 39 354 Private trees in new development areas. <br /> 40 Requirements for a tree preservation plan. Prior to any development, ' , eF any <br /> 41 ^r1;4^^' �'�e-I%A%. n-as described in subsection (B)of this section,a tree preservation plan shall be <br /> 42 submitted to and approved by the city. T,, in de�'^^^r shall be FequiFed ���T phi^ mr-ptectiye <br /> 43 , shall <br /> 44 <br /> 46 (B) Tree preservation plan. A tree preservation plan shall be submitted with preliminary plats and/or <br /> 47 site plans, drawn to the same scale as the other preliminary plat or site plan submittals. <br /> 48 , <br /> 49 <br /> Page 46 of 160 <br />