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4. Road right of way maintenance policySCANDIA Staff Report Date of Meeting: November 2, 2016 To: City Council From: Neil Soltis, Administrator Re: Background: At the October work session there was a discussion regarding issues related to mowing the road rights-of-way and a request from Karen Schik to consider adopting a right-of-way mowing policy that supports wildlife species. The City's tree trimming policy refers to mowing the road right-of-way but does not provide any guidance. The draft policy that follows this report reflects the general agreement reached at the meeting regarding the width of the mowing and the timing of the mowing and incorporates the language in the previously approved policy on tree trimming. Attached as references are the previous tree trimming policy and the State Statutes the relate to mowing road rights-of-way outside of cities. The draft is provided for review and comment in advance of the November 15 City Council meeting. The changes to the current ordinance are underlined. Minnesota Statutes chapter for maintaining rights-of-way outside of cities 160.232 MOWING DITCHES OUTSIDE CITIES. (a) To provide enhanced roadside habitat for nesting birds and other small wildlife, road authorities may not mow or till the right-of-way of a highway located outside of a home rule charter or statutory city except as allowed in this section and section 160.23. (b) On any highway, the first eight feet away from the road surface, or shoulder if one exists, may be mowed at any time. (c) An entire right-of-way may be mowed after July 31. From August 31 to the following July 31, the entire right-of-way may only be mowed if necessary for safety reasons, but may not be mowed to a height of less than 12 inches. (d) A right-of-way may be mowed as necessary to maintain sight distance for safety and may be mowed at other times under rules of the commissioner, or by ordinance of a local road authority not conflicting with the rules of the commissioner. (e) A right-of-way may be mowed, burned, or tilled to prepare the right-of-way for the establishment of permanent vegetative cover or for prairie vegetation management. (f) When feasible, road authorities are encouraged to utilize low maintenance, native vegetation that reduces the need to mow, provides wildlife habitat, and maintains public safety. (g) The commissioner of natural resources shall cooperate with the commissioner of transportation to provide enhanced roadside habitat for nesting birds and other small wildlife. 160.23 DESTRUCTION OF NOXIOUS WEEDS. Road authorities, including road authorities of cities shall cause all noxious weeds on their respective highways and streets to be cut down or otherwise destroyed or eradicated as often as may be necessary to prevent the ripening or scattering of seed and other propagating parts of such weeds. City of Scandia Road Right of Way Maintenance Policy MAINTENANCE OF CITY ROAD RIGHTS-OF-WAY The City is adopting a uniform policy governing the maintenance of the City's road rights-of-way to protect the City's investment in its roads, to maintain safe roadways for pedestrian and vehicular traffic, to maintain general tree health, and to enhance roadside habitat for nesting birds and other small wildlife This policy will allow maintenance within the right of way including but not exclusive to, reshaping ditches, mowing, culvert repairs, snow remov d ee removal and trimming. The Public Works Maintenance Superintendent shall det ine work based on priority, safety, and availability of equipment and staff. The Public W taff sh generally follow these guidelines. MOWING • Subject to weather and growing condit he first 5 feet o ad right-of-way will be mowed starting on approximately May 1 • An entire right-of-way will be mowed aftep St • Any portion of the right-of-way may be mo d at ssaryto maintain sight distance for safety TREE TRIMMING AND REMOVAL • Trees within the road right-of-way will be trimmed to allow for a minimum 20' clear height. • Diseased or dead trees and limbs will be removed. • Small =es and brush becoming established within the road right-of-way will be removed • TrejOlWbrush that interfere with routine maintenance such as mowing or snow plowing will be rem r trimmed. • The flail m shall not be used in a vertical position to trim brush or trees Schedule: It is thein ent to trim trees on all roadways within a 15 year cycle. This work is typically done during inter months (November -March) by the Public Works Department during regular work h rs but may be done at any time for safety reasons Notification: Property owners shall be notified by mail at least 7 days prior to any non -safety related trimming within the City's road right-of-way except in the case of an emergency as determined by the Public Works Director. The property owner may contact the Public Works Director within those 7 days and ask for an onsite visit. If any issues are unresolved following the onsite visit, the property owner has 5 days to file a written appeal with the City Clerk's Office. Appeals will be heard at the next City Council meeting following appropriate notice. The Public Works Director will mark all trees to be removed that are at least 6 inches in diameter at a point measured 54 inches above the ground. A listing of possible streets where tree trimming may occur over the winter months will be posted on the City's website before or at the time letters are sent to abutting property owners Emergency Cutting: This policy does not apply in the event that cutting is necessary to remove road obstructions, to eliminate trees that are in imminent danger of collapse, or to remove diseased or dead trees located within the road right-of-way. Disposal of Tree Waste: The City's Public Works Department or contractor will either chip or haul the trees and brush off site. If the adjoining property owner wishes to keep non -disease tree waste, they may contact the City 24 hours in advance of removal. If it is not practicable to remove the tree, the tree will be left on the City road right-of-way. The adjoining property owner may cut this wood and remove it from the road right-of-way. The City will normally allow 1 week before we coming back and remove the wood from the ROW. City of Scandia Tree Trimming Policy Adopted by the City Council October 16, 2012 Amended January 20, 2015 I A ■ ► The City is adopting a uniform policy governing tree trimming and clearing of brush which serves to protect the City's investment in its roads, to maintain safe roadways for pedestrian and vehicular traffic, and to maintain general tree health. This policy will allow maintenance within the right of way including but not exclusive to, reshaping ditches, mowing, culvert repairs, and snow removal. The Public Works Maintenance Superintendent shall determine work based on priority, safety, and availability of equipment and staff. The Public Works Staff shall generally follow these guidelines in tree trimming and clearing of brush: Urban Right of Way (Adjacent to Roadways having Curb and Gutter): Trim trees to allow for a minimum 20' clear height and shape trees for aesthetic purposes and tree health. Remove diseased or dead trees and limbs. Remove trees or limbs blocking street signs, signals, or sight distances. Rural Right of Way (Adjacent to Roadways not having Curb and Gutter): Trim trees to allow for a minimum 20' clear height. Remove diseased or dead trees and limbs. Remove scrub trees and brush. Remove trees and brush to allow for routine maintenance. The flail mower shall not be used in a vertical position to trim trees. Schedule: This work is typically done during the winter months (November -March) by the Public Works Department during regular work hours. It is the City's intent to trim trees on all roadways within a 15 year cycle. Notification: Property owners shall be notified by mail at least 7 days prior to any trimming occurring on their property except in the case of an emergency as determined by the Public Works Director. The property owner may contact the Public Works Director within those 7 days and ask for an onsite visit. If any issues are unresolved following the onsite visit, the property owner has 5 days to file a written appeal with the City Clerk's Office. Appeals will be heard at the next City Council meeting following appropriate notice. The Public Works Director will mark all trees to be removed that are at least 6 inches in diameter at a point measured 54 inches above the ground. A listing of possible streets where tree trimming may occur over the winter months will be posted on the City's website before or at the time letters are sent to abutting property owners Disposal of Tree Waste: The City's Public Works Department will either chip or haul the trees and brush off site. If the property owner wishes to keep non -disease tree waste, they may contact the City 24 hours in advance of removal. Emergency Cutting: This policy does not apply in the event that cutting is necessary to remove road obstructions or to eliminate trees or brush that is in imminent danger of collapse.