Section 670:00. Definitions. Section 670 - Trees in Streets, Parkways and Public Grounds Subd. 1. Street means the entire width between boundary lines of every way or place of whatever nature whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, alley, boulevard, land, place, or however designated when any part thereof is open to the use of the public as a matter of right, for the purposes of vehicular or pedestrian traffic. Subd. 2. Boulevard. Boulevard is that portion of a street normally lying between the sidewalk, if there be a sidewalk, and, if there be no sidewalk, then the nearest boundary line of the way or place and the curb, if there be a curb, and, if their be no curb, then the nearest lateral line of a roadway. Subd. 3. Rain Gardens. Rain Garden is a vegetated swale designed to reduce stormwater runoff volume through infiltration and improve water quality through vegetative and soil filtration. Section 670:05. Permit Required. No person will plant or cause to be planted or change the location of any tree, shrubs, evergreens, flowers or plants of any kind other than grass or establish a rain garden within the limits of any street in the City of St. Cloud without first having obtained a permit from the Parks Director. Subd. 1. Exceptions. No permit is required to plant: a. Grass in the boulevard b. Ornamental flowers and plants placed in a planting bed that does not utilized more than 30 square feet within the boulevard. Flowers and plants placed in planting beds for which no permit is required shall be subject to all of the provisions of Section 670:15 Subdivision 1(b) below. Section 670:10. Removal Prohibited. No person will remove or cause to be removed any tree or trees or rain gardens that have been and at present are located within the limits of any street in the City of St. Cloud. Section 670:15. Application and Issuance. Subd. 1. Application to Parks Director Any person desiring a permit required by Section 670:05 above will make application in writing to the Parks Director for that permit. Permits will only be issued to an owner of the contiguous property. Permit applications and permits will be subject to the following requirements a. Tree Permits.
i.) The permit application and the permit will state the variety and diameter one foot above the groundline of tree or trees to be planted and the precise location for each tree. ii.) On streets and avenues designated by the Engineering Department of the City of St. Cloud as collector streets, minor arterial and principal arterials all permit applications for tree planting are subject to the approval of the City Engineer. iii.) No tree will be planted except in accordance with the terms of the permit and the provisions of this ordinance. The permit will be good only for the season stated. iv.) No trees will be planted within the limits of any street, parkway, or boulevard except for the shade tree varieties or cultivars of the varieties as follows: Norway Maple (Acer platanoides), Cleveland Norway Maple (Acer platanoides Cleveland ) Emerald Queen Norway Maple (Acer platanoides Schwedleri ), Summer Shade Norway Maple (Acer platanoides Summer Shade ), Red Maple (Acer rubbrum), Sugar Maple (Acer saccharum), Autumn Blaze maple (Acer freemanii Jeffersred ), Celebration Maple (Acer freemanii Celzam ), Marmo Maple (Acer fremannii Marmo ), Sienna Glen Maple (Acer fremannii Siena ), Northwood Maple (Acer rubrum Northwood ), Fall Fiesta Maple (Acer saccharum Fall Fiesta ), Green Mountain Maple (Acer saccarum Green Mountain ), Legacy Maple (Acer saccharum Legacy ), White Oak (Quercus alba), Swamp White Oak (Quercus bicolor), Northern Pin Oak (Quecus ellipsoidalis), Pin Oak (Quercus palustris), Northern Red Oak (Quercus rubra), Hackberry (Celitis occidentials), Imperial Honeylocust (Gledtsia triacanthus, Imperial), Skyline (Gledtsia triacanthus Skyline ), Ironwood (Ostraya virginiana), Amur Corktree (Phellodendron amurense), American Linden (Tilla americana), Littleleaf Linden (Tillia cordata), Greenspire Linden (Tilla cordata Greenspire ), Redmond Linden (Tilla x euchiora Redmond ); or ornamental tree varieties as follows: Amur Maple (Acer ginnala), Autumn Brilliance Serviceberry (Amelanchier x grandiflora), PeeGee Hydrangea Tree (Hydrengea paniculata Grandiflora ), Adams Crab (Malus Adams ), Coralburst Crab Malus Coralcole ), Donald Wyman Crab (Malus Donald Wyman ), Harvest Gold Crab (Malus Hargozam ), Indain Magic Crab (Malus Indian magic ), Indian Summer Crab (Malus Indian Summer ), Pink Spires Crab (Malus Pink Spires ), Prairiefire Crab (Malus Prairie Fire ), Profusion Crab (Malus Profusion ), Radiant Crab (Malus Radiant ), Red Barron Crab (Malus Red Barron ), Red Splendor Crab (Malus Red Splendor ), Royalty Crab (Malus Royalty ), Snowdrift Crab (Malus Snowdrift ), Spring Snow Crab (Malus Spring Snow ), Thunderchild Crab (Malus Thunderchild ), Amur Chokecherry (Prunus maackii), Canada Red Cherry (Prunus virginiana Shurbert ), Purple Sand Cherry (Prunus x cistena), Dward Korean Lilac (Syringa meyeri Palibin ), Miss Kim (Syringa patula Miss Kim ), Ivory Silk
Lilac-Tree Form (Syringa reticulata), Ivory Silk Lilac (Syringa reticulata). v.) No trees will be planted which measures less than 1 ¼ inches in diameter of trunk one foot above the ground. vi.) The trunk of each tree will be without branches for a height of six feet above the ground and the lowest branch will not be more than eight feet above the ground. vii.) There will be a distance of not less than 27 feet and not more than 33 feet between trees. viii.) Where curb and sidewalks exist, all trees will be planted on the center line between the curb and sidewalk edge line. ix.) No permit will be granted for tree planting within the limits of any street until sidewalk and curbing have been constructed. x.) No person will trim any tree or trees growing upon any street except under the supervision of the Parks Director. xi.) The Parks Director will have authority to direct and require the trimming us such trees and may cause the same to be trimmed by employees of the City without cost to the abutting property owners. xii.) If trees are in need of being raised to allow proper clearance the tree will be raised by the employees of the City without cost to the abutting property owners. xiii.) Species not listed above will be considered if the Parks Director determines that the planting would enhance the beauty of the area in question and all adjacent property owners agree to conditions of planting as set forth by the Parks Director. b. Plants and Flower Permits i.) Plants and flowers will only be placed in planting beds established at ground level. Raised planting beds are not permitted. ii.) Only low-growing plant and flower species that grow and die or die back annually will be permitted. iii.) Plants and flowers must be maintained at a height not to exceed 24 inches. iv.) To prevent soil erosion, the exposed earth in planting beds must be protected with organic or rubber mulch. The mulch must be of a dense and interlocking type that will not float/wash or blow in the street or gutter. Rock mulch is not permitted. v.) A maximum of thirty percent (30%) of the contiguous boulevard area and fifty percent (50%) of the linear width or street frontage of a boulevard may be developed as a planting bed. vi.) For boulevards where curb is in place planting beds that are larger than ten (10) square feet in size must be set back a minimum of two feet from the curb. The setback area must be planted in grass. vii.) For boulevards where curb is not in place planting beds must be set back a minimum of ten (10) feet from the edge of the street pavement. The setback area must be planted in grass.
c. Rain Gardens i.) ii.) iii.) Application must include a dimensioned site plan, construction specifications and planting details fro the proposed rain garden installation. The species of the plants to be used in the rain garden are subject to the approval of the Parks Director. Rain garden permits will not be issued in situations where, in the opinion of the Parks Director or the City Engineer, the rain garden is not designed in accordance with best management practices, will create a nuisance, will have the potential to damage the environment, or has the potential to cause damage to public or private property. Subd. 2. The Parks Director will investigate each permit site to assure compliance with the provisions of this ordinance. Section 670:25. Prohibited Location. Subd. 1. No tree will be planted or rain garden established within the limits of any street, parkway, or boulevard where the space available between the sidewalk and the curb is less than six feet. Permits may be granted for replacing trees lost within the limits of any street, parkway or boulevard less than six feet wide but more than four and one-half feet wide. Subd. 2. No permit will be granted for tree planting; or establishment of rain gardens within the limits of any street, parkway, or boulevard which has a right-of-way less than 60 feet in width. Section 670:50. Prohibiting Planting in Streets. Subd. 2. The Parks Director has the authority to require owners of contiguous property to remove any tree, shrubs, evergreens, flowers, or plants of any kind, planting bed or rain garden planted or established without a permit or that, in the opinion of the Parks Director are poorly maintained. Notice in writing of such removal will be served by regular mail upon the owners of the contiguous property. If the plantings are not removed within ten days after the mailing of such notice, the Parks Director may cause them to be removed and destroyed at the expense of the contiguous property owner. The expense of removal will be levied against the property as a special assessment and collected as in the case of other special assessments. Section 670:52. Plantings Which Obstruct Public Right-of-Way. The Parks Director has the authority to require owners of abutting property to trim or remove any shrubs, evergreens, trees, hedges or other vegetation which overhang or otherwise obstruct a public street, alley or right-
of-way, and where such overhang or obstruction may interfere with vehicular or pedestrian traffic and/or visibility. Notice in writing of the required removal will be served by regular mail upon the owners of the contiguous property. If the plantings are not removed from the street within ten days after the mailing of the notice, the plantings will be removed under the direction of the Parks Director, and the cost of removal will be levied against the contiguous property as a special assessment and collected as in the case of other special assessments. Section 670:55. Diseased Trees. The Parks Director has the authority to require the destruction or cause to be destroyed any tree or trees within the limits of any street, parkway, or boulevard or private real property that have been found to be infected by disease or infested by injurious insects when destruction is necessary for the protection of other trees. No action to remove diseased or infested trees will be taken until positive diagnosis of the disease or identification of the injurious insect has been made. Notice in writing of the required removal will be served by regular mail upon the owners of the contiguous property. If trees which are located on private real property are not removed within ten days after the mailing of the notice, the tree will be removed under the direction of the Park Director, and the cost of removal will be levied against the contiguous property as a special assessment and collected as in the case of other special assessments. Section 670:60. Damaged Trees. The Parks Director has the authority to require the destruction or cause to be destroyed any tree or trees within the limits of any street, parkway, boulevard or private real property that have been found to be damaged to such an extent that such tree is considered dangerous to people or property. Notice is writing of the required removal will be served by regular mail upon the owners of the contiguous property. If trees which are located on private real property are not removed within ten days after the mailing of the notice, the tree will be removed under the direction of the Parks Director, and the cost or removal will be levied against the contiguous property as a special assessment and collected as in the case of other special assessments. Section 670:65. New Planting by City. Subd. 1. The City Council may order and require the Parks Director to plant trees within the limits of any street, parkway or boulevard. Subd. 2. The cost of such trees and plantings may be assessed upon the property fronting on such improvements as a special assessment. Section 670:75. Material in Street. No building material or materials of any kind will be piled upon any street, parkway, or boulevard which may interfere with or injure any tree, until the tree or trees have been sufficiently protected by a proper guard to prevent injury. All instructions issued for that purpose by the Parks Director will promptly be complied with by the person or persons placing or causing to be placed such material. Section 670:80. Attachments. No person will attach any materials to a tree within the limits of any street, parkway, or boulevard by nailing or any other methods detrimental to the tree. The person or persons responsible for such acts, whether or not intentional, will be responsible for the repair or
replacement of the effected tree or trees. Section 670:85. Sprinkler Systems Installed within the Boulevard. Sprinkler systems owned by the contiguous property owner may be installed within the boulevard subject to the following conditions: Subd. 1. A plumbing permit must be obtained in accordance with the requirements of Section 300:00 Subd. 5 of the Code. Any special conditions or instructions set forth on the permit must be followed. Subd. 2. Gopher State One Call procedures will be used to locate existing utilities. Section 670:90. Sprinkler Systems Installed without a Permit. The City Engineer has the authority to require the destruction or cause the removal of any sprinkler system installed in the street without a permit. Notice in writing of the required removal will be served by regular mail upon the owners of the contiguous property. If the sprinkler system is not removed from the street within ten days after the mailing of the notice, the sprinkler system will be removed under the direction of the City Engineer and the cost of removal will be levied against the contiguous property as a special assessment and collected as in the case of other special assessments. Section 670:95. Owners Risk. The owners of contiguous property for which permits for the establishment of a planting bed or rain garden; or the installation of a sprinkler system within any street have been issued will be solely responsible and at risk for such plantings, establishment or installation. The owners of contiguous property who establish a planting bed for which a permit is not required by this ordinance will similarly be solely responsible and at risk for such establishment. Neither the City nor any utility who is authorized to locate their facilities in the street will be responsible for damage to any tree, planting bed, rain garden or sprinkler system that may be damaged by any of their activities including without limitation snow plowing operations, street or utility installations, maintenance or repair. When necessary for the installation, operation, repair or maintenance of street, sidewalk or utility improvements, the contiguous property owners will, at their sole cost, locate, relocate, protect and or remove planting beds, rain gardens or sprinkler systems from the street. In the event that he contiguous property owners fail to take such action within the time specified by the City or utility company, then the City or utility company may remove planting beds, rain gardens or sprinkler systems as necessary for the conduct of their operations. Any permit issued for planting beds, rain gardens or sprinkler systems in the streets will contain a clause providing for the recognition and acceptance of responsibility and risk by the contiguous property owners. Section 670:100. Notice. Any notice required by this ordinance will be deemed sufficient when deposited in the regular mail and directed to the last known address of the contiguous property owners as indicated by the City Assessors real property records. History: Ord. 2433 7-27-09; Ord. 2443 10-26-09.