(a)   Eligibility for having a tree replaced with help by the City should be restricted to only those situations where such trees were removed due to a City-mandated street or new sidewalk installation project, and where a property owner has removed a tree or trees that has/have caused damage to the sidewalk and will be replacing said damaged or deteriorated sidewalk pursuant to the City's Sidewalk Specifications.
   (b)   Replacement trees shall be planted within 15 feet of the edge of the respective street where the original tree was located.
   (c)   Any such replacement shall be of a type acceptable to the City, as indicated in Exhibit B. Under special circumstances a tree not listed may be planted, upon evidence given that such tree will not create problems to any City improvement at the time such tree reaches its greatest height/crown spread.
   (d)   If the replacement tree should die within the 12 month period after planting, the responsibility for further replacement rests with the property owner.
   (e)   Location of planting:
      (1)   Shall not be closer than:
         A.   Large trees - 25 feet to other trees;
         B.   Medium trees - 20 feet to other trees;
         C.   Small trees - 15 feet to other trees.
      (2)   Shall not be closer than six feet to any water or sewer line shut-off valve, or meter pit.
      (3)   Shall not be closer than 25 feet to any street corner.
      (4)   Shall not be planted in any area where the tree at its full height may interfere with any aerial electric or telephone lines, unless the respective property owner enters into a written agreement to be responsible for having the branches trimmed out of the way of such aerial lines, when necessary.
   (f)   Upon approval, the City shall participate in the payment of such tree or trees of  an amount up to two hundred fifty dollars ($250.00), including planting fee. The benefitting property owner shall be responsible for paying the difference, if applicable, and for seeing to it that the tree is properly maintained from then on. No reimbursement will be paid without the presentation of a paid invoice by the property owner.
   (g)   The number of replacement trees so eligible for City participation shall not exceed the number of trees removed along each property for such City required street/sidewalk improvement project, subject to the number being reduced by the spacing and location restrictions of division (e) of this section.
   (h)   A valid invoice must accompany each reimbursement request.
   (i)   Property owners shall apply for replacement trees within one year after the City- mandated street or sidewalk improvement.
   (j)   Upon installation of any tree, the property owner shall be responsible for any future care.
(Ord. 03-01. Passed 1-7-03; Ord. 03-76. Passed 7-1-03.)