(A) Citizen requests. A tree removal permit shall be required for anyone wishing to remove a tree on public property. The removal of trees on public property shall be the responsibility of the Zoning Department. The town may charge the cost of the removal of trees in response to citizen requests, upon recommendation, to the citizen requesting the removal.
(B) Tree removal permit. A permit shall be required for any party, except for town personnel and those acting at the expressed request or direction of the town, to remove any tree located on public property. The Zoning Administrator shall issue the tree removal permit. The application for a tree removal permit shall be submitted to the Zoning Administrator. The application for a tree removal permit must include, at a minimum, the following information:
(1) Application date;
(2) Name and contact information of applicant;
(3) Tree location;
(4) Tree species;
(5) Tree DBH; and
(6) Reason for removal.
(C) Permitted reasons. Removal shall be permitted for the following reasons:
(1) Tree is dead;
(2) The tree is affected by an insect or disease problem that is untreatable and results in rapidly declining tree health or a hazardous condition;
(3) Tree is dying due to past damage and its condition cannot be improved with standard maintenance techniques;
(4) Tree has an uncorrectable structural defect that results in an increased risk of whole or partial tree failure;
(5) Tree is reducing sight visibility and the correction of the problem will result in severe disfigurement of the tree or crown reduction below 50%;
(6) The tree is in a restricted growing space, is in conflict with the surrounding hardscape or infrastructure, and the conflict cannot be resolved; and
(7) Tree is in conflict with overhead utility lines and proper pruning cannot adequately reduce the conflict without severely disfiguring the tree.
(D) Replacement of trees removed. All trees removed on public property shall be replaced within one year after removal. If the site where the tree was removed is not suitable for replanting, a tree shall be planted in a suitable location as close as possible to the removal location. If there is no suitable location close to the removal location, then a tree shall be planted in a planned planting location in the vicinity.
(E) Stump removal. All stumps of street and park trees shall be removed to a depth of eight inches below the surface of the ground so that the top of the stump shall not project above the surface of the ground. Sod, grass seed, or other satisfactory ground cover shall be placed and maintained on the site of the removed or ground stump. Stumps shall not be ground in cemeteries. The Tree Board may preserve stumps with historic significance.
(F) Private commercial trees. The town shall have the right to remove or cause to be removed trees on private commercial property that are at a high risk for failure, have insect or disease infestations that are a threat to surrounding trees, or are otherwise nuisances that threaten the health and safety of the public.
(G) Written notice. Owners of premises (commercial property) where a nuisance tree is located shall be served a written notice from the Zoning Administrator either in person or by registered mail that action must be taken to abate the nuisance within 30 days. If after 30 days the nuisance has not been abated, the town shall have the right to remove the tree or cause the tree to be removed, and charge the property owner with the cost of removal and all other associated costs.
(Ord. 2014-01, passed 3-17-14)