706.01: Purpose
706.02: Definitions
706.03: Tree Board
706.04: Applicability
706.05: Forestation Management
706.06: Other Regulations for Planting Trees or Removing Herbaceous Plants or Shrubs
706.07: Duties of Private Owners
706.08: Order Procedure
706.09: Development or Redevelopment Tree Planting
706.10: Tree Ordinance Fees
706.11: Interference
706.12: Emergencies

It is the purpose of this Chapter to protect and promote the public health, safety and general welfare of the people of the City by:
A. Regulating the planting, maintenance and removal of trees and plants on all public spaces and rights of way.
B. The licensing of the planting, maintenance, removal and trimming of trees on public lands.
C. The inspecting of trees on public and private lands.
D. The controlling of tree diseases to protect the trees and to prevent and abate hazardous conditions and nuisances within the City.
E. Protecting and preserving existing healthy trees.
F. Encouraging the planting of trees for the protection and enhancement of the environment. (Ord. 1107, 12-9-91)

As used in this Chapter, the following words and terms shall have the meanings ascribed to them in this Section:
BOULEVARD: That property between the edge of the street and the property line (right-of-way line).
DISEASED TREES: Trees afflicted with Dutch elm, oak wilt or other arboracious diseases identified in the City tree plan.
EASEMENT/RIGHT OF WAY: City owned, non-boulevard property.
HERBACEOUS PLANTS: Ordinary trees and shrubs.
TREE: Any self-supporting, woody perennial plant.
TREE PLANTING PLAN: Official planting guide and regulations outlining allowed and disallowed species, locations, techniques and treatments.
TREE TRIMMING: Recommended trimming and pruning techniques are outlined in the City Tree Plan. Tree topping is specifically prohibited on all public lands. (Ord. 1107, 12-9-91)

The Parks and Recreation Commission shall act in all matters relating to the advisement of issues contained in this Chapter and all others relating to forestation within the City. The process, conditions for appointment and terms shall be the same as those for the Parks and Recreation Commission. (Ord. 1107, 12-9-91)

This Chapter applies to all trees, plants and shrubs located within street right of ways, parks and public places of the City, and to trees, plants and shrubs located on private property that constitute a hazard or threat as set forth in this Chapter. (Ord. 1107, 12-9-91)

A. City Horticulturist: The Director of Parks and Recreation shall act as the City Horticulturist. (Ord. 1107, 12-9-91)
B. Authority of City Horticulturist: The City Horticulturist shall have jurisdiction and supervision over all trees, shrubs and plants located within street right of ways, parks and public places of the City, and to trees, plants and shrubs located on private property that constitute a hazard or threat. (Ord. 1107, 12-9-91; amd. 1995 Code)
C. Duties of Horticulturist: The City Horticulturist may cause the planting of trees on public grounds and may direct the trimming, removal, treatment or other care of any tree, shrub or plant on private property in order to preserve or restore its condition or to protect the public from damage or injury. The cost of any such work may be assessed against the property on which the tree is located.
D. Tree Planting Plan: In addition to the other responsibilities under this Chapter, the City Horticulturist shall prepare a Comprehensive Tree Plan regarding the planting of trees on public property within the City and the planting of trees on private property that may present a health or safety hazard. When approved by resolution of the City Council following a review by the City Tree Board, the Public Works Director and Community Development Director, the Comprehensive Tree Plan and any modifications will be the Official Plan of the City. After the adoption of the Official Plan, no tree planting permit will be issued which does not conform to the Tree Planting Plan.
E. Tree Planting Plan Contents: The Tree Planting and Maintenance Plan shall address the following matters together with any other matters deemed appropriate by the City Horticulturist:
1. List of Acceptable Varieties: The list may provide for the planting of certain varieties or mixes of varieties in certain locations.
2. Specifically prohibited plantings.
3. Minimum size.
4. Grade.
5. Method of planting and support.
6. Maintenance.
7. Recommended trimming and pruning techniques. (Ord. 1107, 12-9-91)

A. Hazard Placement: No tree, shrub or herbaceous plant shall be planted, placed or allowed to remain in a place which the City Engineer determines could cause a traffic hazard.
B. Boulevard Planting: Trees, herbaceous plants or shrubs must be located within the first three feet of the boulevard, measured from the property line and shall be consistent with the City Tree Planting Plan and not in conflict with public plantings based on the judgment of the City Horticulturist. Planting will be by permit only.
C. Spacing/Placement: Placement of trees, herbaceous plants or shrubs must be consistent with Sections 706.06 through 706.08 and the regulations listed in the City Tree Planting Plan.
D. Abuse or Mutilation: No person shall on public spaces and right of way:
1. Damage, cut, remove, carve, kill or injure trees without authorization.
2. Trim, prune, remove, spray or otherwise treat trees without authorization.
3. Attach any rope, wire or other contrivance.
4. Cause or permit any wire charged with electricity or any gaseous liquid or solid substance to come in contact with trees which are located on, or extend over, any public street, boulevard, park or other public place without a permit.
E. Permits:
1. No person shall plant or remove trees or shrubs on a public boulevard without first obtaining a permit from the Community Development Department.
2. The following provisions apply to the issuance of permits for planting trees or herbaceous plants and shrubs on a public boulevard:
a. Application Data: The application required under this Section shall state the number of trees to be planted, the location, size and specific species of each tree or plant.
b. Standards for Issuance: A permit shall be issued after the application has been determined to be in compliance with the City Tree Planting Plan and the requirements of this Section and related sections by the Development Review Committee.
c. Replacement: As a condition to the granting of a tree removal permit, the Development Review Committee may require the applicant to relocate or replace trees to be consistent with the City Tree Planting Plan.
d. Bond Requirements: A posted bond or cash escrow may be required in an amount to be determined by the City Horticulturist conditioned upon satisfactory compliance with the terms of the permit.
e. Permit Denial: If a tree planting or removal permit is denied, the reason(s) for denial shall be set forth in writing and given to the applicant.
f. Denial Appeal: Any applicant adversely affected by the decision may appeal to the City Tree Board and, finally, to the City Council.
F. Areas Not Applicable: The provisions of subsection D above shall not apply to:
1. The removal of trees on public easements/rights of way, conducted by, or on behalf of, a Federal, State, County, Municipal or other governmental agency in pursuance of its lawful activities or functions in construction or improvements.
2. The removal of any tree by a public utility when such tree has the reasonable potential of endangering the facility's operation by the utility. (Ord. 1107, 12-9-91)

It shall be the duty of any person owning private property to comply with the following:
A. Planting on Private Property: No person shall plant or allow to be planted on any privately owned property any tree listed on the City tree plan as prohibited.
B. Acceptable Plant Materials: All plant materials shall not have characteristics detrimental to the public welfare such as susceptibility to disease and wind damage or a tendency to interfere with utilities or public easements or rights of way.
C. Prohibited Obstructions:
1. Obstructing View: No tree or herbaceous plant or shrub shall be planted or allowed to grow so as to obstruct the view of any vehicular traffic on streets or pathways or pedestrians on pathways.
2. Utilities: No trees may be planted under or within ten (10) level feet of any overhead utility wire or over or within ten lateral feet of any underground water line.
D. Trimming of Trees: Private property trees must be trimmed so as not to cause a hazard to persons or property on abutting property. All trees shall be pruned to sufficient height to allow free passage of pedestrians and vehicular traffic: nine feet over sidewalks and 16 feet over streets.
E. Tree Inspection: The City Horticulturist, or any employee designated by the City Manager, may enter on any private lands which may harbor diseased or dangerous trees as listed in the official City Tree Plan to inspect trees located on such premises.
F. Removal of Diseased or Dangerous Trees: Diseased and/or insect-ridden trees, dead or injured trees deemed to be a health or safety hazard by the City Horticulturist, or employee designed by the City Manager, must be treated or removed so as not to constitute a health or safety hazard to the public or other trees or plants in the City.
G. Stockpiling and Storage of Elm Logs: No person shall stockpile or store elm logs with the bark intact without first having obtained a permit to do so. The City Horticulturist, or other employee designated by the City Manager, may issue permits, upon proper application, for the stockpiling or storage of such logs only between September 15 and April 1 of the following year and only at locations which are specified in the permit.
H. Abatement of Dutch Elm Disease: The City Horticulturist shall cause the infected tree or wood to be removed or otherwise effectively treated so as to destroy and prevent, as fully as possible, the spread of Dutch elm disease fungus and elm bark beetles. Such abatement procedures shall be carried out in accordance with current technical and expert opinions and plans as may be designed by the City Horticulturist. (Ord. 1107, 12-9-91)

When the City Horticulturist determines that it is necessary to order the trimming, treatment or removal of trees or plants as authorized in subsection 706.07, a written order to correct the condition shall be served.
A. Notice Format:
Dutch elm disease/oak wilt disease (or other prohibited or dangerous trees, as listed in the City tree plan) exists on these premises: (legal address) and all trees marked with a designated symbol must be removed by (date) .
BY ORDER OF THE CITY MANAGER
B. Removal Date: The date inserted in the notice in subsection 706.08A shall be 22 days after the notice is mailed.
C. Appeal: A person receiving said notice may, within five working days of the postmark date of said notice, file an appeal with the City. The appeal will be heard by the City Tree Board and forwarded to the City Council for action within 21 calendar days following the appeal of said notice.
D. Summary Removal of Diseased Trees: In the event the trees covered in said notice are not removed, destroyed and/or treated, as provided in subsections 706.08A through C, within ten calendar days following the denial on an appeal as set forth in subsection 706.08C, the City Manager, or an authorized City employee, shall cause said trees to be summarily removed, destroyed and/or treated and shall take any other action necessary to prevent the spread of the disease or danger to the public.
E. Cost Responsibility: Any costs of inspecting, removing or treating trees, including any legal expense, shall be itemized and mailed to the owner at the address shown in the records of the County Auditor. In the event said itemized bill is not paid within thirty (30) days, the amount of said costs, plus interest, shall be certified to the proper County officials and collected with the next succeeding five years real estate taxes as provided for in Minnesota Statute sections 18.023 and 429.101. (Ord. 1107, 12-9-91; amd. 1995 Code)

A. Landscaping Plans: Prior to approval of a building permit, all new residential subdivisions, semi-public, public, commercial/industrial and income-producing residential property (over two units) shall be subject to mandatory landscape plan and specification requirements.
B. Design Standards: The landscape plan and specification requirements referenced in subsection 706.09A are those set forth in the adopted City of Roseville Design Standard Regulations[1].
C. Forestation Benefits Education: All persons applying for a building permit, including residential structures containing less than four dwelling units, shall be given printed information supplied by the City Horticulturist outlining the benefits of planting trees and shall be encouraged to plant trees beyond the Code requirements. (Ord. 1107, 12-9-91; amd. 1995 Code)


[1]See Chapter 1010 of this Code.

Fees for all permits and other applicable required City services shall be as established by the City Fee Schedule in Section 314.05. (Ord. 1107, 12-9-91)

It is unlawful for any person to prevent, delay or interfere with the enforcement of this Chapter by any City official. (Ord. 1107, 12-9-91)

In case of emergencies involving, but not limited to, tornadoes, windstorms, floods, freezes or other natural disasters, the requirements of this Chapter may be waived by the Mayor or, in the absence of the Mayor, the Acting Mayor. (Ord. 1107, 12-9-91)