5.7. SR 01-27-2003 - Laserfiche WebLink

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ZONING AND LAND USE REGULATIONS healthy tree of the same size and species shall be planted in place of any replacement tree missing one year after such date. Planting shall occur not later than the first fall or spring following such year. (h) Sources of trees. Replacement trees shall consist of "certified nursery stock" as defined by Minn. Stats. § 18.46 and conform to the current standard for nursery stock ANSI-Z60.1, or other healthy trees obtained in a lawful manner which comply with the following standards: (1) The lowest branch shall not be at a height above the surface of the ground more than one-half of the total height of the tree. (Example: A 16-foot tree must have a branch within eight feet of the surface of the surrounding ground.) (2) The tree measured in caliper inches shall not exceed the maximum height as shown in the following table. Caliper Maximum Height Inches (feet) 2 16 21/2 16 3 18 3¥2 18 4 22 5 26 (Ord. No. 218, § 409:06, 3-7-96) Sec. 30-756. Exclusion. The provisions of this division shall not apply to the removal or cutting of trees planted and grown by the owner or owner's predecessor on real estate which on October 30, 1995, was a commercial nursery in the business of growing and selling trees. (Ord. No. 218, § 409:07, 3-7-96) Sec. 30-757. City council action. (a) Council action on tree removal. Within a reasonable time after receipt of an application that conforms with the requirements, the city council shall approve or deny issuance of a per- mit. The city council may approve the permit subject to conditions of the permit and, in all § 30-757 cases, the time period within which the activity is to be completed shall be stated on the face of the permit. Approval, denial or approval subject to conditions of a permit shall be based upon the extent to which tree removal may: (1) Create any safety risks to surrounding persons or property or exacerbate any existing risk. (2) Cause any harm to the environment in- cluding, but not limited to, noise, dust, erosion, undue destruction of vegetation and accumulation of waste materials and pollutants. (3) Cause harm to any physical characteris- tics of the land including, but not limited to, topography, vegetation, susceptibility to erosion or siltation, susceptibility to flooding, water storage or retention. (4) Cause substantial environmental dam- age. (5) Be detrimental to the health, safety or general welfare of the public. (b) Agent to replace trees; security. (1) A developer, prior to the approval of or issuance of a permit for any activity in connection with which trees are required to be replaced, shall enter into a written agreement with the city requiring the developer to comply with the provisions and conditions imposed in connection with any such approval or issuance of a permit and shall further provide that the devel- oper shall indemnify the city against any loss, cost or expense, including an amount for reasonable attorneys' fees incurred in enforcing the terms of such agreement, and shall provide security for the perfor- mance of its obligations pursuant to such agreement. The security may consist of a letter of credit, cash or escrow deposit, all in such form and substance as shall be approved by the city. (2) The city council may make its approval of the issuance of a tree removal permit contingent upon the applicant posting, within ten days of such approval and CD30:105