§ 94.09 TREE PROTECTION; DISEASE.
   (A)   Generally. Upon the discovery of any destructive or communicable disease or other pestilence which endangers the growth or health of trees, or threatens to spread disease or insect infestation, the City Forester shall at once cause written notice to be served upon the owner of the property upon which the diseased or infested tree is situated, and the notice shall require the condition to be abated within reasonable time to be specified in the notice.
   (B)   Tree protection; developer. Developers shall provide a tree protection plan for trees proposed to be retained in a new development specifying procedures such as not grading or locating utilities within the tree’s drip line; placing protective barriers around trees, preventing siltations, and the like, or present a plan to preserve a percent of forested tracts, plant trees in open space, or pay into a city tree planting fund so that there is no net loss of tree cover in the city. The City Forester shall use his or her best judgment in negotiating a workable tree protection plan and have final authority to enforce it.
   (C)   Tree protection; landmark trees. The City Forester shall locate, select, and identify any trees which qualify as landmark trees. A tree may qualify as a landmark tree if it meets 1 or more of the following criteria: species rarity, old age, historical significance, abnormality, scenic enhancement, and the like.
   (D)   Tree protection; street and park trees. It shall be unlawful for any person to remove, alter, or destroy any street tree or park tree without prior authorization of the City of Madison Lake.
   (E)   Tree protection; construction activities. Any tree located on city property in the immediate vicinity of any excavation, demolition, or construction site of any building, structure, street, or utility work which has potential for injury, shall be protected from the injury.
(Ord. 176, passed 7-19-1993) Penalty, see § 10.99