(A) Planting. Any person, firm, partnership, corporation or organization of any kind must obtain written approval from the Tree Board prior to planting a tree in any public right-of-way. Said approval shall specify with a drawing/plan the location and variety of trees to be planted.
(B) Trimming. Any person, firm, partnership, corporation or organization of any kind must obtain approval from the Tree Board and the Town Council prior to trimming any designated street tree/plant. Approval is not required for removing minor limbs causing obstructions.
(C) Adjacent property owners to maintain trees on their property. Trees and other plantings on adjacent property shall not inappropriately overhang or encroach upon sidewalks, streets, public rights-of-way or other designated pedestrian ways, nor obstruct the view of traffic signs or any street intersection. Trees and other plantings that project over any street or access road that may be used for emergency purposes shall be trimmed to a safe height and shape. Adjacent property owners shall remove all dead, diseased or dangerous trees; or broken or decayed limbs which constitute a menace to public safety, at their expense; or prune to eliminate encroachment on sidewalks and streets.
(D) Removing stumps. Any tree that shall be removed from any of the public streets or places within the town shall be removed below the surface of the ground so that the top of the stump shall not project above the level of the ground, unless permission to leave a projecting stump is granted by the Tree Board.
(E) Approval required. Any person, firm, partnership, corporation or organization of any kind must obtain approval from the Tree Board prior to removing any tree found upon any public street or on any town-owned property within the town.
(F) Considerations on removing or replacing a street tree. In determining whether a tree may be removed and replaced, the Tree Board shall consider, among other things, the following:
(1) Whether the tree(s) pose a potential for safety problems despite a sound maintenance program;
(2) Whether the roots from adjacent park or street trees are interfering with sewer lines servicing the abutting property to the extent that the property owner requires frequent repair of said sewer lines;
(3) Whether the tree is dead, dying or incurably diseased;
(4) Whether the tree is diseased and weakened by age, storm, fire or other injuries so as to pose a danger to persons, property, improvements or other trees;
(5) Whether the tree(s) is of an undesirable species;
(6) Whether the tree poses a hardship to the adjacent property owner such as, but not limited to, the cracking or raising of a garage floor or, in the case of a handicapped person, special circumstances exist which cause the location of the tree to become a hindrance for vehicle and handicapped access; and
(7) Whether removal is necessary for construction of a street widening or other public improvement project, or necessary street or public improvement repair work.
(Ord. 71, passed 10-3-2013) Penalty, see § 10.99