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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PERSON. Any individual, partnership, corporation, association or entity.
PUBLIC PROPERTY.
(1) Any property which the town owns, leases or has an easement over; and
(2) Any property which the owner or easement holder grants authority to the town for the purposes of enforcing this chapter (DOT right-of-way).
(Prior Code, § 99.01)
Exemptions to the provisions of this chapter include the following:
(A) Trimming of trees and shrubs as normal maintenance provided the trimming does not result in the mutilation, death or destruction of the tree or shrub; and
(B) Any tree or shrub which during a period of emergency or act of God must be removed so that it, in no way, will hinder public work to restore order in the town; the removal to be by the town or its authorized agents.
(Prior Code, § 99.02)
The following actions shall constitute a violation of this chapter and shall be subject to the penalties prescribed herein:
(A) Injuring, removal, relocation, generally. No person shall, without a written permit from the Town Landscape Planner, willfully mutilate, injure, remove or relocate any tree or shrub upon any public property within the town or injure or misuse any structure or device placed to protect any tree or shrub;
(B) Whitewashing, painting. No person shall, without a written permit from the Town Landscape Planner, whitewash, paint or in any way discolor the stem base, bole or root of any tree or shrub upon any public property in the town;
(C) Attaching ropes, signs and the like; obstructing roots. No person shall, without a written permit from the Town Landscape Planner, fasten any rope, wire or electrical attachment or attach any sign or device in any manner to the trees or shrubs upon public property in the town or to guard about the tree or shrub or close or obstruct any open space provided about the base or root of the tree or shrub within three feet in any direction or in any way prevent the access of air, water or fertilizer to roots of the tree or shrub; and
(D) Piling building material or making mortar cement within six feet. No person shall, without a written permit from the Town Landscape Planner, pile any building material or make any mortar cement within six feet of any tree or shrub upon a public property within the town.
(Prior Code, § 99.03) Penalty, see § 97.99
Persons seeking permits under the provisions of this chapter will conform to the following procedures.
(A) A request shall be submitted to the Town Landscape Planner or his or her designee, in writing on a form provided by the Department of Public Services and accompanied with the following information:
(1) For new buildings or developments, an overall site plan, including the approximate shape and dimensions of the lot or parcel of land together with existing and proposed driveways, structures and improvements;
(2) The approximate location of all trees to be removed, replaced or relocated from public property and shall be identified as to type and species;
(3) A statement as to why the trees are to be removed, replaced or relocated; and
(4) A statement as necessary, explaining how any standing tree or trees to be relocated as part of a development project are to be protected during construction of the development.
(B) In determining whether a permit should be issued, the Landscape Planner or his or her designee shall consider the following criteria:
(1) The condition of the tree with respect to disease, danger of falling, proximity to existing or proposed structures and interference with utility services;
(2) Necessity to remove trees in order to construct proposed improvements to allow economic enjoyment of property adjacent to public property;
(3) Topography of land and the effect of tree removal on erosion, soil retention and the diversion or increased flow of surface waters and coordination with the town's drainage patterns;
(4) Number of trees existing in the neighborhood on improved property. The Landscape Planner or his or her designee shall be guided by the standards established in the neighborhood and the effect of tree removal upon property values in the area; and
(5) In all cases, the Landscape Planner or his or her designee and/or the Town Manager may require the relocation or replacement of trees as condition of issuing the permit, on a one for one basis, with replacement trees having a caliper of two-inch diameter at breast height (that is, four and one-half feet above average ground level).
(Prior Code, § 99.04)
Any person who feels aggrieved under the strict enforcement of this chapter by any administrative official may file, within ten days after the aggrievement, a petition to have his or her case reviewed and acted upon by the Town Manager, whose decision on all matters shall be final.
(Prior Code, § 99.05)
(A) The violation of any provision of this chapter shall subject the offender to a civil penalty in the amount of $100.
(B) Any violator of this chapter shall be required to replace removed or damaged trees and/or shrubs on public property with trees and/or shrubs of the same size. The violator shall be responsible for the full replacement costs of the trees and/or shrubs.
(C) Each day's continuing violation of any provision of this chapter shall be a separate and distinct offense.
(D) Violators shall be issued written notice of the violation which must be paid within 72 hours after receipt of the notice. If the violator does not pay the penalty within 72 hours, the town may recover the penalty and all subsequently accruing from a court of competent jurisdiction.
(E) Notwithstanding division (A) above, this chapter may also be enforced by appropriate equitable remedies issuing from a court of competent jurisdiction.
(F) Violation of any provision of this chapter shall not be a misdemeanor.
(Prior Code, § 99.99)