A. When Permit Required: No person may perform any of the following acts without first obtaining from the City Forester a permit for which no fee shall be charged, and nothing in this section shall be construed to exempt any person from the requirements of obtaining any additional permits as required by law:
1. Plant trees on public rights-of-way or in any public places;
2. Prune, cut, remove or otherwise disturb any public tree. This provision shall not be construed to prohibit owners of property adjacent to public rights-of-way from watering or fertilizing such trees;
3. Attach any object to public trees, except as may be authorized by the City Forester pursuant to a duly promulgated rule or regulation;
4. Dig, trench, excavate or pile soil or any other materials within the critical root zone of any public trees;
5. Prune or remove any elm tree on or within public or private property.
B. Permit Application Procedures: Except as otherwise provided pursuant to a duly promulgated rule or regulation, any person who seeks to perform any of the acts in subsection A of this section shall:
1. Contact the City Forester via mail, phone, fax or e-mail prior to commencement of the proposed work requesting that the City Forester inspect the proposed work and issue the required permit;
2. Upon inspection, the City Forester may issue a permit, if required, to perform any of the acts specified in subsection A of this section;
3. The City Forester may impose such terms and conditions on the issuance of a permit as may be appropriate and necessary under the specific circumstances of the proposed work.
C. Requirements For Tree Planting Permits:
1. Each application for a planting permit shall designate the species and variety of public tree proposed. The City Forester shall designate the location of the planting;
2. Approval of tree species, spacing, placement and minimum tree well sizes shall be obtained from the City Forester prior to issuance of a permit;
3. Whenever any tree is planted or set out in conflict with the provisions of this chapter, it shall be lawful for the City Forester to remove or cause removal of the same. The cost of removal of such tree may be charged to person responsible for the planting thereof.
D. Requirements For Tree Pruning/Removal Permits:
1. Prior to pruning or removal of any public tree or any elm tree on private property, application for permit must be made by the property owner or private tree firm currently licensed by the City;
2. Whenever a tree on public rights-of-way is removed, the applicant shall replace the tree removed as a condition of issuance of a permit for removal, unless such requirement is waived by the City Forester for good cause shown. Conditions may include a requirement for compensatory payments as set forth in section 7-2-14 of this chapter. (1952 Code § 9-16-09)