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1 (2) When the city determines a violation has occurred, the city's written evaluation of the
<br /> 2 deficiencies shall be considered prima facie evidence in any subsequent litigation.
<br /> 3
<br /> 4 352 Landmark trees.
<br /> 5 A landmark tree shall be any tree, public or private, that has been designated as such by the city council,
<br /> 6 after public hearing and due notice to the owner of the tree. The criteria of such designation shall include,
<br /> 7 but not necessarily be limited to, notable historical interest and value to the city because of its location or
<br /> 8 historical association with the community.
<br /> 9
<br /> 10 353 Public trees.
<br /> 11 (A) Authority. The city shall have the right, but does not have the obligation, to plant, prune, maintain
<br /> 12 and remove trees,plants and shrubs within the public right-of-way of all streets,alleys,squares,parks,
<br /> 13 and public grounds, as may be necessary to ensure public safety or to preserve or enhance the
<br /> 14 symmetry and beauty of such areas.
<br /> 15 (B) Removal of public trees. No trees, brush, vines, shrubs and/or ground cover are to be removed by
<br /> 16 anyone, including adjacent landowners or agents of any landowner, from any city-owned land,
<br /> 17 greenways or access corridors from greenways without the written permission of the city.
<br /> 18 (C) Storage upon public land. No person shall deposit, place, store, or maintain upon any public land of
<br /> 19 the city any stone, brick, sand, concrete, vehicles, equipment, toxins, animals, tree carving, or other
<br /> 20 materials which may impede the free passage of water,air,or fertilizer to the roots of any tree growing
<br /> 21 therein, except by written permission of the city.
<br /> 22 (D) Operation of equipment.
<br /> 23 (1) All maintenance equipment, implements, machines and tools shall be used or operated in such
<br /> 24 a manner as not to damage or destroy any tree, shrub or plant in any public right-of-way or
<br /> 25 park.
<br /> 26 (2) During the erection,repair, alteration or removal of any building,house or structure,in the city,
<br /> 27 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 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 public
<br /> 34 trees. Spraying will be done only if following an integrated pest management plan as exemplified
<br /> 35 under such topic within the state department of agriculture and be completed by a Minnesota
<br /> 36 Department of Agriculture licensed pesticide applicator.
<br /> 37
<br /> 38 354 Private trees in new development areas.
<br /> 39 (A) Requirements for a tree preservation plan. Prior to any development, as described in subsection(B)
<br /> 40 of this section, a tree preservation plan shall be submitted to and approved by the city.
<br /> 41 (B) Tree preservation plan. A tree preservation plan shall be submitted with preliminary plats and/or site
<br /> 42 plans, drawn to the same scale as the other preliminary plat or site plan submittals.
<br /> 43 (1) Residential and commercial development plans shall be designed to preserve native vegetation
<br /> 44 areas as much as possible. Streets, parcels, structures and parking areas shall be laid out to
<br /> 45 minimize the destruction of wooded areas or outstanding tree specimens.
<br /> 46 (2) The city may require either the clustering of dwellings or alternate locations of dwellings to
<br /> 47 preserve significant trees during the plat approval process.
<br /> 48 (3) There shall be no movement, clearing, or storage of equipment within a designated tree
<br /> 49 protection zone nor shall any construction materials, debris, or soil/fill be stored or deposited
<br /> 50 within a designated tree protection zone.
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