(A) Planting, maintenance, or removal.
(1) No person shall plant, spray, fertilize, preserve, prune, remove, cut above ground, or otherwise disturb any tree on any street or municipal-owned property without first filing an application and procuring a permit from the Street Superintendent or otherwise specified municipal authority. The person receiving the permit shall abide by the Standards of Practice adopted by the Street Superintendent.
(2) Application for permits must be made at the office of the Street Superintendent not less than 48 hours in advance of the time the work is to be done.
(3) The Street Superintendent shall issue the permit provided for herein if, in the Superintendent's judgment, the proposed work is desirable and the proposed method and workmanship thereof are of a satisfactory nature. Any permit granted shall contain a definite date of expiration and the work shall be completed in the time allowed on the permit and in the manner as therein described. Any permit shall be void if its terms are violated.
(4) Notice of completion shall be given within five days to the Street Superintendent for inspection.
(B) Planting.
(1) Application data. The application required herein shall state the number of trees to be set out; the location, grade, species, or variety of each tree; the method of planting; and other information that the Street Superintendent shall find reasonably necessary to a fair determination of whether a permit should be issued.
(2) Improper planting. Whenever any tree shall be planted or set out in conflict with the provisions of this section, it shall be lawful for the Street Superintendent to remove or cause removal of the same, and the exact cost thereof shall be assessed to the owner as provided by the law in the case of assessments.
(C) Maintenance application data. The application required herein shall state the number and kinds of trees to be sprayed, fertilized, pruned, or otherwise preserved; the kind of treatment to be administered; the composition of the spray material to be applied; and other information that the Street Superintendent shall find reasonably necessary to a fair determination of whether a permit should be issued.
(D) Removal, replanting, and replacement.
(1) Wherever it is necessary to remove a tree or trees from a treelawn in connection with the paving of a sidewalk, or from the paving or widening of the portion of a street or highway used for vehicular traffic, the town shall replant the trees or replace them. Provided that conditions prevent planting on treelawns, this requirement will be satisfied if any equivalent number of trees of the same size and species as provided for in the Standards of Practice are planted in an attractive manner on the adjoining property.
(2) No person or property owner shall remove a tree from a treelawn for the purpose of construction, or for any other reason, without first filing an application and procuring a permit from the Street Superintendent, and without replacing the removed tree or trees in accordance with the adopted Standards of Practice. This replacement shall meet the standards of size, species, and placement as provided for in a permit issued by the Street Superintendent. The person or property owner shall bear the cost of removal and replacement of all trees removed.
(Ord. 92-G-12, passed 9-14-92) Penalty, see § 96.99