§ 94.07 TREE PLANTING, MAINTENANCE, AND REMOVAL.
   (A)   Generally. Trees, shrubs, and woody vegetation shall not be planted on public property within the City of Madison Lake without the prior written permission of the City Tree Board. The Tree Board shall review all requests for planting to assure that the species are appropriate. The Tree Board shall submit written reports to the City Council on those matters of special requests by the Council prior to taking official action.
   (B)   Tree species. The Tree Board shall develop and maintain a list of desirable trees for planting along street in 3 size classes: small, medium, and large. A list of trees not suitable for planting will also be created and enforced by the Tree Board.
   (C)   Spacing. Spacing of street trees will be in accordance with the 3 species size classes listed in this subchapter. Trees may not be planted closer together than the following:
      (1)   Small trees, 30 feet;
      (2)   Medium trees, 40 feet; and
      (3)   Large trees, 50 feet.
   (D)   Utilities. Only species listed as small trees may be planted under or within 20 lateral feet of any overhead utility wire, or over or within 5 lateral feet of any underground water line, sewer line, transmission line, or other utility.
   (E)   Distance from curb and sidewalk. Spacing of trees from curbs or curb lines and sidewalks will be in accordance with the 3 species size classes listed in this subchapter and shall be as follow:
      (1)   Small trees, 2 feet;
      (2)   Medium trees, 3 feet; and
      (3)   Large trees, 4 feet.
   (F)   Distance from corners, fire hydrants, and driveways. No street tree shall be planted closer than 20 feet to any street corner, measured from the point of nearest intersecting curbs or curb lines. No street tree shall be planted closer than 15 feet to any fire hydrant; nor 5 feet from any driveway.
   (G)   Care of street trees. The City of Madison Lake shall have the right to plant, prune, maintain, and remove trees, plants, and shrubs within the lines of all streets, alleys, avenues, lanes, squares, and public grounds as may be necessary to ensure the public safety or to preserve or enhance the symmetry and beauty of the public grounds. No other planting may be done without consent of the City Maintenance Superintendent.
   (H)   Removal of trees endangering utilities or other public improvements. The Tree Board may order or cause to be removed any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewer, electric power lines, gas lines, water lines, or other public improvement, or affected with any injurious fungus, insect, or other pest. Every tree overhanging any street or right-of-way within the city shall be pruned so that the branches shall not obstruct the light from any street light or obstruct the view of any street intersection. There shall be a clear space of at least 8 feet above the street or sidewalk under trees. Dead, diseased, or dangerous trees, or broken or decayed limbs which endanger the safety of the public, shall be removed.
   (I)   Topping. It shall be unlawful for any person, firm, or city department to top any street tree, park tree, or other tree on public property. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this subchapter at the determination of the Tree Board.
(Ord. 176, passed 7-19-1993) Penalty, see § 10.99