905.05 PLANTING PERMIT REQUIRED, REMOVAL OF TREE IMPROPERLY PLANTED.
(a) No person shall hereafter plant any tree or shrub upon any public way, curb strip, street, alley or municipal property unless he shall have first obtained a permit in writing from the Director of Public Service specifying the size, type, species and location on the public way, curb strip, street, alley or municipal property of the tree or shrub so to be planted. Approval to plant requires adherence to the specifications of the Shade Tree Commission and the ordinances of the City of Dover including but not limited to Section 1123.05.
(Ord. 34-90. Passed 5-7-90.)
(b) The Director of Public Service shall have the authority to deny a permit to any person who proposes to plant any tree or shrub upon a public way, curb strip, street, alley or Municipal property of a size, type or species found to be undesirable by the Commission or so found to be undesirable for the location proposed; or he may deny a permit to any person who proposes to plant any tree or shrub upon a public way, curb strip, street, alley or Municipal property if at a location found by the Commission to be of a size or type unsuitable for planting of trees or shrubs.
(c) Whenever any tree shall be planted in the public way, curb strip, street, alley or Municipal property in conflict with specifications of the Shade Tree Commission, it shall be lawful for the City to remove or cause removal of the same, and the exact cost thereof shall be assessed to the person responsible for the planting as provided by law in the case of special assessments.
(d) Trees planted upon a public way, curb strip, street, alley or Municipal property may be removed by the City as necessary to protect the public health, safety, welfare and aesthetics. The Director of Public Service may cause the removal of any such tree by using City employees, Shade Tree Commission members, or private contractors under contract with the City. (Ord. 27-84. Passed 6-4-84.)
(e) No person shall engage in the business of planting, cutting, trimming, pruning, removing, spraying or otherwise treating trees, within the City without first having obtained a license, which license shall be issued according to the following standards:
(1) Such license shall be issued upon the presentation of evidence satisfactory to the Mayor after a recommendation from the Shade Tree Commission, that the applicant is qualified and has the experience and training to engage in tree trimming, tree removal and tree surgery work for hire; that the applicant agrees to comply with the specifications for tree trimming, tree removal and tree surgery work for hire; and provided that before any license shall be issued, each applicant shall first file evidence of possession of liability insurance in the minimum amounts of three hundred thousand dollars ($300,000) for bodily injury or death and one hundred thousand dollars ($100,000) property damage indemnifying the City or any person injured or damaged resulting from the pursuit of such endeavor as herein described.
(2) A fee of fifty dollars ($50.00) shall be charged for each such license, giving such licensee the right to engage in tree trimming, tree removal and tree surgery for the period of one year next following the issuance of such license.
(3) The Mayor is authorized to revoke a license at any time upon proof satisfactory to him that the person holding such license is violating the provisions of this section or the specifications of the Shade Tree Commission for tree trimming, tree removal or tree surgery for hire; or is engaged in practicing fraud upon any person for whom he is performing tree trimming, tree removing or tree surgery for hire within the City.
(f) No street trees other than those species authorized by the regulations promulgated hereunder may be planted under or within ten lateral feet of any overhead utility wire, or over or within five lateral feet of any underground water line, sewer line, transmission line or other utility.
(g) It shall be unlawful as a normal practice for any person, firm or City department to top any tree, park tree or other tree on public property. Topping is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this subsection at the determination of the Shade Tree Commission.
(Ord. 34-90. Passed 5-7-90; Ord. 49-97. Passed 10-6-97.)