2012-1058 Amending Section 825 City CodeCITY OF HOPKINS
COUNTY OF HENNEPIN
ORDINANCE NO. 2012-1058
AN ORDINANCE AMENDING SECTION 825 OF THE HOPKINS CITY CODE
THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS:
Section 1. That Section 825 - Trees and Landscaping in Streets and Public Grounds
is amended as follows:
Section 825 - Trees and Landscaping in Streets and Public Grounds
825.01. Permit required. No person may plant a tree within the limits of any parkway or street
in the city without having first obtained a permit from the manager.
825.03. Permit application. A person wishing to plant one or more trees shall apply to the
manager for a permit, stating the variety and precise location proposed for each tree. After the
receipt of such an application, the city manager shall investigate the locality where the trees are
to be placed and shall grant a permit only if, in his judgment, the location is such as to permit the
normal growth and development of each tree. The permit shall specify the location, variety and
grade of each tree and method of planting, including, among other things, the supplying of
suitable soil. The permit shall be good only for the season stated on same in the year issued, and
no charge shall be made for same. No trees shall be planted except in accordance with its terms.
The specifications of the permit shall be such s will secure the suitable location, planting and
growth of each tree.
825.05. Approved trees and spacing along streets and boulevards. Only the following deciduous
trees and varieties thereof shall be planted as street or boulevard trees: Norway maple, ginko,
hackberry, honey locust, linden, autumn blaze maple, sugar maple, oak, walnut, disease -resistant
Elm and Japanese Lilac. They shall be spaced when planted in accordance with regulations to be
established by the city manager from time to time pursuant to accepted forestry
recommendations and practices pertaining to the several tree species permitted. (Amended Ord.
#96-782)
825.07. Location requirements. No permit for planting of trees shall be given where the clear
space between the curb and sidewalk is less than three feet, where overhead utilities may be
impacted or where lines of sight are obstructed to create a potential public safety issue. Neither
shall a permit be given where the soil is too poor to insure the growth of the trees unless the
applicant or the owner agrees to excavate a suitable hole of not less than 65 cubic feet and to
replace the material removed with suitable good loam.
825.09. Trees removed. Moving of trees and shrubs or trimming the branches thereof made
necessary for the moving of such building or any other purpose shall be done under the
supervision of an experienced tree trimmer acceptable to the manager. If moving or replanting
causes the death of the trees or shrubs, the applicant shall replace the trees at his expense.
825.11. Building materials in street. No building material or any other material of any
description shall be piled up against any street tree unless the tree is first sufficiently protected by
a proper guard to prevent possible injury, and in conformance with all instructions issued for that
purpose by the manager.
Ordinance No. 2012-1058 -2-
825.13. Damaging trees forbidden. No person shall remove, destroy, cut, deface, trim, or in any
way injure or interfere with any tree or shrub on any of the avenues, streets or public grounds,
including parks and parkways of the city without a permit from the manager.
825.15. Park and playground planting. Healthy trees in addition to those set forth in subsection
830.05 may be planted in public parks and playgrounds after permit therefor is authorized and
issued by the manager. (Amended Ord. #96-782)
825.17. Thinning and infested trees. The manager may remove or destroy trees in streets and
parkways for the purpose of thinning out such trees and procuring their proper spacing or to
remove trees of a species prohibited by this section, or if infected by disease or infested by
injurious insects when such destruction is necessary to the protection of other trees.
825.19. Chafing trees. No person shall place or let be placed in any street or parkway any wire
conduit or other thing that burns, cuts or chafes any part of any trees, whether trunk, root or
branch. In case the owner or the person placing same shall fail after three days written notice to
take adequate steps to prevent further injury, the manager may remove the same.
825.21. Paving. No paving of any description shall be laid or maintained by anyone between
sidewalk and curb which will cut off the air and water from any tree. A space of not less than 50
square feet must be left open for each tree, which space may be covered with suitable,
satisfactory iron grate, upon a permit of the manager to whom the plan for the grate must be first
submitted.
825.23. Plantings and landscaping materials. The placement and maintenance of shrubs, flowers
and other plantings, landscaping rock and mulch within the limits of any public right of way
shall be restricted as follows: a) rock and mulch landscaping material may only be used in the
immediate vicinity of trees, shrubs and flowers with a maximum of a 2 foot spread from the
plantings; and b) shrubs and flowers must be planted a sufficient distance from sidewalks to
prevent them from encroaching onto the sidewalk area and in no instance within one foot of the
sidewalk edge.
Section 2. The effective date of this ordinance shall be the date of publication.
First Reading: December 18, 2012
Second Reading: January 8, 2013
Date of Publication: January 17, 2013
Date Ordinance Takes Effect: January 17, 2013
By:
Euge J. Axwell, Mayor
ATTEST:
4iAAO-� *�U Cke -
Kristine A. Luedke, City Clerk
APPROVED AS TO FORM AND LEGALITY:
C y Attorney(Signature Date