905.08 PROTECTION OF TREES.

   (a)   All trees on any street or other publicly owned property near any excavation or construction of any building, structure or street work, shall be guarded with a good substantial fence, frame or box not less than four feet high and eight feet square, or at a distance in feet from the tree equal to the diameter of the trunk in inches D.B.H., whichever is greater, and all building material, dirt or other debris shall be kept outside the barrier.

   (b)   No person shall excavate any ditches, tunnels, trenches or lay any drive within a radius of ten feet from any public tree without first obtaining a written permit from the Director of Public Service.

   (c)   Upon the discovery of any destructive or communicable disease or other pestilence which endangers the growth or health of trees, or threatens to spread disease or insect infestations, the City Forester shall at once cause written notice to be served upon the owner of the property upon which such diseased or infested tree is situated, and the notice shall require such property owner to eradicate, remove or otherwise control such condition within a reasonable time to be specified in such notice.

   (d)   The provisions of Section 1187.04 (d)(1) as they relate to the preservation of existing trees within new developments are hereby incorporated and, by this section shall apply to all existing trees presently existing within the City whether located within a new development or otherwise.
(Ord. 34-90. Passed 5-7-90.)

   (e)   During the planning stage of any project in the City which would impact any public trees, either the office of the Director of Public Service, or the office of the City Consulting Engineer shall notify the Chairperson of the Dover Shade Tree Commission. Upon notification, the Chairperson shall review said plans, and make recommendations concerning the tree(s) to be involved, which recommendations shall be considered prior to implementation of the project. (Ord. 50-97. Passed 10-6-97.)