No person shall plant any tree, plant, shrub or flora on public property except according to policies, regulations and specifications established pursuant to this section.
(a) All trees, plants, shrubs or flora material planted on or in the public street, sidewalk area, alley or parks require the approval of the Tree Program Supervisor and the consulting arborist and require a special permit for such planting granted by the Tree Program Supervisor.
(b) Trees, plants, shrubs and flora shall be located and planted as directed by the Tree Program Supervisor or his designee, who shall supervise such planting and location. In the performance of such work, consideration shall be given to setbacks and safety. No tree shall be planted in any public street, alley, place or park in the Town of Dyer less than thirty (30) feet away from any other tree planted in the same area or at a distance of less than three (3) feet from any established sidewalk or curb bordering any public right-of-way, except by written permission by the Tree Program Supervisor.
(c) The Tree Program Supervisor shall have the authority to create further specifications as required and may alter methods of planting, reject any tree or tree species, or suspend the right of a permit holder to plant, for any reason and without advance notice.
(d) Trees that are removed shall be replaced by a new planting, except where impractical due to construction or space.
(e) Plant material selected may vary, depending on location; however, it must be of high quality and of suitable species, and not of the prohibited species as determined by the Tree Program Supervisor. All plant materials must conform to the specifications set forth by the American Association of Nurserymen Plant Standards.
(f) Planting procedures shall comply with ANSI MOO standards for the installation of nursery stock. Suitable maintenance plans and procedures must be submitted prior to installation and shall be subject to the approval of the Tree Program Supervisor and the consulting arborist.
(g) Permit holders shall guarantee survival of each tree for a minimum of one (1) year after planting date. Any tree not surviving the minimum shall be replaced either by the permit holder or the Town at the permit holder's expense. After a period of one (1) year, all plant materials shall become property of the Town and becomes the responsibility of the Town.
(h) The coordination of tree planting on public ways with landscaping on private property so as to achieve the above purposes is deemed desirable.
(i) Trees may not be planted in parkways that are less than five (5) feet between curb and sidewalk. (Ord. No. 2007-04, 3-21-07)