(a) Required; Applications; Issuance.
(1) No person shall plant, spray, fertilize, preserve, prune, remove, cut above ground or otherwise disturb any tree on any street or Municipally-owned property without first filing an application for and procuring a permit from the Shade Tree Commission or other specified Municipal authority. The person receiving the permit shall abide by the Arboricultural Specifications and Standards of Practice adopted by the Commission.
(2) An application for a permit shall be made at the office of the Commission not less than forty-eight hours in advance of the time the work is to be done.
(3) The Commission shall issue the permit provided for herein if, in its judgment, the proposed work is desirable and the proposed method and workmanship thereof are of a satisfactory nature. Any permit granted shall contain a definite date of expiration, and the work shall be completed in the time allowed on the permit and in the manner as therein described. Any permit shall be void if its terms are violated.
(4) Notice of completion shall be given within five days to the Commission for its inspection.
(b) Planting.
(1) The application required herein shall state the number of trees to be set out; the location, grade, species, cultivar or variety of each tree; the method of planting; and such other information as the Commission finds reasonably necessary to make a fair determination of whether or not a permit should be issued.
(2) Whenever any tree is planted or set out in conflict with this section, the Commission may remove or cause removal of the same, and the exact cost thereof shall be assessed to the owner as provided by law in the case of special assessments.
(c) Maintenance. The application required herein shall state the number and kinds of trees to be sprayed, fertilized, pruned or otherwise preserved; the kind of treatment to be administered; the composition of the spray material to be applied; and such other information as the Commission finds reasonably necessary to make a fair determination of whether or not a permit should be issued.
(d) Removal; Replanting and Replacement.
(1) Wherever it is necessary to remove a tree from a tree lawn in connection with the paving of a sidewalk, or in connection with the paving or widening of the portion of a street or highway used for vehicular traffic, the Municipality shall replant such trees or replace them. If conditions prevent planting on tree lawns, this requirement will be satisfied if any equivalent number of trees of the same size and species as provided for in the Arboricultural Specifications and Standards of Practice are planted in an attractive manner on the adjoining property.
(2) No person or property owner shall remove a tree from the tree lawn for the purpose of construction, or for any other reason, without first filing an application and procuring a permit from the Commission and without replacing the removed tree in accordance with the adopted Arboricultural Specifications and Standards of Practice. Such replacement shall meet the standards of size, species and placement as provided for in a permit issued by the Commission. The person or property owner shall bear the cost of removal and replacement of all trees removed.
(Ord. 112-85. Passed 3-7-85.)