(A) Subject to the authority of the state with respect to the right-of-way of any state highway, the town shall have the authority to plant, prune, maintain and remove street trees and town trees as may be determined to be necessary for the public safety or for the preservation and enhancement of the symmetry and beauty of the street tree and town tree areas.
(B) The town may remove or cause or order to be removed any street tree or town tree or part thereof which is dead or diseased; which is affected by any injurious fungus, insect or other pest; which is in an unsafe condition; or which by reason of its nature or location is injurious to sewers, electric power lines, gas lines, water lines or other public improvements or utilities.
(C) If a street tree or part of a street tree is in need of removal, the property owner shall be notified in writing by the Tree Board or the town of the need for the removal. The property owner shall have 60 calendar days after receipt of a written notice to have the street tree or part of the street tree removed. In the event the owner fails to comply with the notice, the Tree Board or the town shall have the authority to remove such street tree, or part of the street tree, and request that the property owner reimburse the Tree Board or the town for 50% of the cost for the street tree and stump removal.
(D) In certain locations, street trees or town trees have been planted in close proximity to public sidewalks. Roots of such trees may have caused damage to a public sidewalk, which repair may require cutting of these roots. In such cases, the Tree Board shall be consulted in writing prior to cutting any roots. In the event a public sidewalk cannot be repaired or replaced without the removal of such a tree, the tree may be removed after written consultation with the Tree Board. Once consulted, the Tree Board shall provide a written response to the request within ten working days. If a written response is not received within ten working days, then the roots of the street tree or town tree or the entire tree may be removed.
(E) Nothing contained herein shall prohibit the town from removing any street tree or part thereof without notice and charging half the cost thereof to the owner in the event that it is determined that an emergency exists. The Tree Board shall make such recommendations as it deems appropriate to assist the town in implementing this section.
(F) Property owners may file a request with the Tree Board to receive a street tree at a 50% cost share. In determining who may receive a street tree, the Tree Board shall consider the following factors and award street trees under this section in its discretion:
(1) Whether funding is available for this purpose;
(2) Whether the property owner had a street tree removed;
(3) Whether the tree can be planted in a location without negatively affecting the nearby streets, alleys, sidewalks, utilities, building and other trees; and
(4) The order in which requests were filed.
(G) If the town removes a street tree for road widening purposes or utility construction, the town shall offer to plant a replacement street tree at the request of the property owner and at the town’s expense.
(Ord. 312B, passed 12-23-2011) Penalty, see § 97.99