(A) Signs and markings. No signs, symbols, or reflectors may be attached to public trees, nor may public trees be carved, nailed, defaced, painted or marked.
(B) Highway and utilities.
(1) No new electric, cable or telephone wires may be attached to public shade trees by any person or agency without the written consent of the Tree Commission.
(2) When highway or utility projects require the removal of public shade trees, the cost of tree replacement shall be included in the cost of the project.
(C) Activity affecting public shade trees.
(1) Pruning of roots and branches or removal of living public shade trees shall require a permit from the Tree Commission. Permits shall be kept on site during work and shown upon request to the Public Works Director, or his designee, and to town police officers.
(2) All public shade trees shall be protected from construction damage under the guidelines set forth in the Soil Erosion and Sediment Control Plan Handbook, Section E (Tree Protection).
(D) Replacement of public shade trees.
(1) Any person, firm, corporation, or agency that in the course of a site plan review, construction, or subdivision development wishes to remove any living public shade tree with caliper 2½" or greater in diameter measured at six inches above grade level shall obtain a permit from the Tree Commission; and, if removal is permitted, shall at no cost to the town, within the spring or fall months immediately following completion of construction, replace in locations specified by the Tree Commission a number of smaller replacement trees determined to be equivalent on the following basis: The total caliper of all replacement trees shall be at the discretion of the Tree Commission up to the original caliper. Replacement trees shall be balled and burlapped and of caliper not less than 2½" in diameter measured at six inches above grade level. Species, caliper and location shall be identified at time of issuance of the permit.
(2) The Tree Commission may require a bond, escrow account, irrevocable letter of credit, or other surety to ensure public shade tree replacement. Such surety may be held for one year from the date of planting to ensure survival of the replacement trees. At the option of the applicant, the town may, upon payment of an agreed-upon sum, replace said trees according to the standards herein set forth.
(E) Disposal of wood. When a public shade tree is pruned or removed, wood larger than three inches in diameter shall be cut into approximately four-foot lengths and left near the tree for taking by residents whenever possible. Wood larger than eight inches in diameter shall be split or cut into shorter lengths to facilitate removal.
(F) Enforcement. The Town Planner is charged with enforcement of this chapter and state laws protecting public shade trees and will seek complaints in court for violations of this chapter and such laws.
(Ord. passed 4-3-95) Penalty, see § 96.99