(A) No person, except the Arborist, an agent of the Arborist, or a contractor hired by the Arborist, may perform any of the following acts without first obtaining from the Arborist a permit for which no fee shall be charged, and nothing in this section shall be construed to exempt any person from the requirements of obtaining any additional permits as are required by law:
(1) Plant on village-owned property, or treat, prune, remove, or otherwise disturb any tree, shrub, or other plant located on village-owned property, except that this provision shall not be construed to prohibit owners of property adjacent to village-owned property from watering or fertilizing, without a permit, any tree, shrub, or other plant located on such village-owned property;
(2) Trim, prune, or remove any tree, or portions thereof, if such tree, or portions thereof, reasonably may be expected to fall on village-owned property, and thereby to cause damage to persons or property;
(3) Place on village-owned property, either above or below ground level, a container for trees, shrubs, or other plants;
(4) Damage, cut, tap, carve, or transplant any tree, shrub, or other plant located on village-owned property;
(5) Attach any rope, wire, nail, sign, poster, or any other human-made object to any tree, shrub, or other plant located on village-owned property; and/or
(6) Dig a tunnel or trench on village-owned property.
(B) Within seven days of receipt of the application, the Arborist shall issue a permit to perform, within 30 days of the day of issuance, any of the acts specified in § 153.31(G), for which a permit is requested whenever:
(1) Such acts would result in the abatement of a public nuisance;
(2) 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;
(3) An application has been signed by the applicant and submitted to the Arborist 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 Arborist may find reasonably necessary;
(4) The applicant agrees to perform the work for which the permit is sought in accordance with the provisions of this section, the Urban Forestry Plan, and with the regulations and standards set forth in the Arboricultural Specifications Manual;
(5) The applicant certifies that he or she has read and understands those provisions and the Urban Forestry Plan, this section, and of the Arboricultural Specifications Manual which are pertinent to the work for which the permit is sought; and
(6) 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 village-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 village harmless for all damages resulting from work conducted pursuant to the permit, and shall deposit with the Village Clerk a liability insurance policy in the amount of $100,000 per person/$300,000 per accident for bodily injury liability, and $50,000 aggregate for property damage liability, which policy shall name the village as an additional insured.
(C) Nothing in this section shall be construed to exempt public utility companies or their agents from any of the requirements of this section.
(Prior Code, § 32-6)