§ 95.18 PERMIT REQUIRED FOR PLANTING WITHIN TOWN RIGHT-OF-WAY.
   No person shall plant any street tree except according to policies, regulations and specifications established pursuant to this section:
   (A)   All trees or plant material planted on or in the public street, sidewalk area, alley or parks shall be required by this code to have the approval of the Tree Program Supervisor or the consulting arborist and be granted a special permit for such planting.
   (B)   Plants shall be located and planted under the supervision of the Tree Program Supervisor or designee, who shall supervise such planting and locating. In the performance of such work, consideration shall be given to the following factors; provided, that setbacks permit and considerations of safety do not interfere. No tree shall be planted in any public street, alley, place or park in the town less than 30 feet away from any other tree planted along the same area or at a distance of less than 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 power to set forth any further specifications 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 must be removed shall be replaced by new planting, except in unusual circumstances or where construction or space is prohibitive.
   (E)   Plant material selected may vary, depending on location; however, they must be of high quality and of suitable species, and not of the prohibited species prescribed. 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 A300 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 holder shall guarantee survival of each tree for a minimum of one year after planting date. Any tree not surviving the minimum shall be replaced either by the permit holder or the department at the permit holder's expense. After a period of one 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.
(Ord. 2002-7A, passed 9-24-02) Penalty, see § 95.99