A. Landscaping for any new park development within the city shall be reviewed by the tree board, and be approved by the city council. For commercial developments, the planning commission shall ensure the provisions of this section are followed as part of the land use application process.
B. Except as provided herein, it shall be unlawful, unless authorized by the zoning administrator or designee, for any person to top a tree in or upon the public right of way or other public property within the city. For purposes of this section, "topping" is defined as the severe cutting back of limbs to stubs larger than three inches (3") in diameter within the tree's crown to such a degree as to remove the normal canopy and disfigure the tree. A tree severely damaged by storms or other causes, or trees that pose an imminent threat to property or to public safety such that other pruning practices are impractical may be exempted from this section at the discretion of the zoning administrator or designee. No tree on public property shall be removed without permission from the zoning administrator or designee.
C. Whenever any work is being done contrary to the provisions of this section, the zoning administrator or designee may order the work stopped by serving written notice on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the zoning administrator or designee to proceed with the work.
D. During the construction of any structure or improvement, it shall be unlawful for any person to place material, machinery or soil deposits within a minimum of six feet (6') of any tree on city property. All trees on public property shall be protected during construction.
E. The building department shall require all commercial building permit applicants to:
1. Submit a site plan including location of existing and proposed street trees, utilities and any tree to be removed in the public right of way.
2. Submit a plan showing location, size, and type of all trees to be planted in the public right of way. Size of an existing tree is to be established by measuring the diameter of the tree trunk at four feet six inches (4'6") aboveground and twelve inches (12") above the ground for proposed new trees.
3. Any changes to the landscape plan require an administrative review by the zoning administrator or designee.
4. All trees planted in public rights of way shall be trees listed in the recommended street tree list approved by the tree board, and may be amended from time to time.
F. The building department shall maintain copies of the tree list. (Ord. 10-21-2008A, 10-21-2008)