(A) Maintenance of public trees. Tree maintenance of public trees shall be the responsibility of the abutting property owner.
(B) Standards for public trees.
(1) The Forest Board shall establish policies and standards for planting, tree maintenance, tree treatment, tree encroachment, and for the removal and replacement of public trees. In no event shall the Forest Board require planting a tree larger than 1-1/2 -inch in caliper.
(2) All public trees that are removed, including public trees removed by the city, are required to have the stump ground within three months of the removal at the expense of the property owner unless the Forest Board provides a written waiver of this requirement. This provision shall not require a public utility to grind the stump of a tree removed by the public utility, at the request of the Forest Board, from right-of-way not abutting the public utility’s property.
(3) All public trees that are removed are required to be replaced in accordance with the Forest Board’s standards, as prescribed in division (B) of this section, within one year, unless the Forest Board provides a written waiver of this requirement This requirement shall not apply to exempt activities under § 93.09(C) of this chapter or to public utilities operating under a public utility permit agreement with the Forest Board pursuant § 93.10 of this chapter. If the City Forester and the Forest Board chair agree that a replacement tree cannot be placed in the right-of-way area, then either:
(a) The one-year time-frame to replace the public tree may be extended by the Forest Board chair, or by a majority vote of the Forest Board, to no more than five years; or
(b) Upon the consent of the property owner, a replacement tree may be placed on the property owner’s private property in a location agreed to by the Forest Board chair, the City Forester, and the property owner, in fulfillment of the requirement to replace the public tree.
(4) Without limiting rights pursuant to any easement, only trees that grow to a mature height of at least 40 feet or more will be considered for planting within the public right-of-way.
(5) All driving and parking of vehicles, including construction equipment, that could cause
compaction is prohibited.
(6) No tree or other item is permitted which causes a public tree nuisance.
(7) Trenching, including for sidewalks, within the critical root zone is prohibited.
(8) The Forest Board may, by majority vote, waive any standard or requirement placed on the
property owner under this section.
(Ord. 8, Series 2019, passed 9-16-2019) Penalty, see § 93.99