The tree commission shall not issue a permit for the destruction, removal or trimming of any tree or shrub on city owned property or on private property if such tree or portion thereof reasonably may be expected to fall on city owned property except under the following conditions:
(A) Proper preventive measures approved by the city of Clinton, are taken to ensure the safety of the public while such work is being done;
(B) Such acts are not inconsistent with the development and implementation of the urban forestry plan or with any regulations or standards of the "Arboricultural Specifications Manual";
(C) An application has been signed by the applicant and submitted to the tree commission detailing the location, number, size and species of trees, shrubs or other plants that will be affected by such acts, setting forth the purpose of such acts and the methods to be used, and presenting any additional information that the tree commission may find reasonably necessary;
(D) The applicant agrees to perform the work for which the permit is sought in accordance with the provisions of this chapter, the urban forestry plan and with the regulations and standards set forth in the "Arboricultural Specifications Manual"; and
(E) If the work for which a permit is issued entails the felling of any tree or part thereof, located on private property, which, as a result of such felling reasonably may be expected to fall upon city owned property, and if such felling is done by one other than the owner of the property on which such felling is done, then the applicant shall agree to indemnify and to hold the city of Clinton harmless for all damages resulting from conduct pursuant to the permit and shall deposit with the city clerk a liability insurance policy in the amount of one hundred thousand dollars ($100,000.00) per person, three hundred thousand dollars ($300,000.00) per accident for bodily injury liability and fifty thousand dollars ($50,000.00) aggregate for property damage liability, which policy shall name the city of Clinton as an additional insured.
Nothing in this section shall be construed to exempt public utility companies or their agents from any of the requirements of this chapter. (Ord. 827, 9-5-2000)