(A) Trimming, pruning, planting, and removal of trees on city property or rights-of-way; permit required.
(1) No person shall remove, destroy, cut, prune (including the root system) or otherwise treat any tree or shrub having its trunk, or a portion thereof, in or upon any city property or street right-of-way, or contract with another person to perform such acts, without first obtaining a written permit from the Public Works Director or his or her duly appointed agents.
(2) No person shall plant or contract with another to plant any tree or shrubbery on any city property, without first obtaining a permit from the Public Works Director. In addition to obtaining a permit, a planting plan must be submitted. All planting plans on city property must show the following:
(a) The proposed street width, with its subdivision of pavement, curb, gutter, parking strip and sidewalk areas to scale.
(b) The location of underground and overhead utilities, all poles and posts, to scale.
(c) The proposed location of each and every proposed tree and shrubbery, together with existing trees, shrubberies, and vegetation within the street right-of-way in scaled relation to the other features of the plan.
(d) The variety and size of each and every tree and shrubbery proposed to be planted and of those already existing.
(e) The distance in feet between the tree and shrubbery in any one row.
(f) The nature of the soil in the planting space to a depth of three feet and all existing and proposed surface and subsurface drainage system.
(3) All written statements filed in lieu of a planting plan shall contain the same information required on the planting plan, except in the case of persons not involved in planned development and who desire to perform small-scale landscaping plantings on city property. In such a case, a simple letter of intent, outlining the location, method, and materials, may be substituted.
(4) Public and private utilities shall submit written specifications for pruning and trenching operations to the city for approval. Upon approval of its specifications, a utility shall not be required to obtain a permit for routine trenching and pruning operations affecting trees or shrubs having their trunks on public streets or city property so long as such work is done in strict accordance with approved specifications by the Public Works Director. A utility is required to obtain a permit to remove any tree or shrubbery on city property.
(B) Injuring trees or shrubbery.
(1) It shall be unlawful for any person, except with written permit, to place or maintain upon the ground in any public street or city property any compacted stone, cement, or other impervious matter or substance in such a manner as may obstruct the free access of air and water to the roots of any tree or shrub in any such street or place. This provision shall not apply to the paving, repairing or altering of the public streets, sidewalks and other public places by the city.
(2) No person shall perform or contract with another to perform construction work (including the operation or storage of equipment or materials) within the critical root protection zone of any tree having its trunk or any portion thereof on any public street or city property without first obtaining a permit from the city and complying with requirements, which may include erection of protective barricades or enclosures at designated locations.
(3) No person shall attach any object, including but not limited to, rope, wire, chain, sign, nail, to any tree or shrubbery in or upon city property or to the guard or stake intended for the protection of such tree or shrubbery, except for the purpose of protecting it or the public.
(4) No person shall damage, cut, or carve any tree or shrub having all or any portion of its trunk in or upon public property.
(C) Authority to treat or remove trees or shrubbery.
(1) Removal of trees shall be selectively carried out and no permit shall be issued unless one of the following conditions exists:
(a) The tree or shrub is located where structures, utilities, lawn areas or other improvements are to be placed, and removing such tree(s) is essential for the proper development of the tract and the relocation of the tree is not feasible.
(b) The tree or shrub is dead, diseased, injured, is causing disruption of public utility service, is causing drainage or passage problems upon rights-of-way, poses a threat to pedestrian or vehicular traffic or conflicts with ordinances, or regulations not otherwise suspended herein.
(c) The removal of the tree or shrub is necessary and desirable in order to enhance or benefit the health or condition of other trees.
(2) If any tree or shrub on city property right-of-way is to be removed during construction, including new construction, repair, or rehabilitation, an application for a tree removal permit shall be submitted with the application for site plan approval or the application for a zoning permit.
(Ord. 18-30, passed 9-4-18; Am. Ord. 21-26, passed 7-12-21)