§ 95.05 PLANTING OF STREET TREES.
   (A)   Any person may plant a tree in a street planting area within the public right-of-way immediately adjacent to his or her property upon obtaining a permit from the city.
   (B)   The permit shall be granted, provided the Tree Advisory Board certifies that the following conditions are met:
      (1)   The minimum spacing between this and other trees is recommended in accordance with the size categories of species referred to in the Planting Manual. No trees should be planted closer together than the following except in special plantings designed or approved by the Tree Advisory Board:
         (a)   Small trees, 30 feet;
         (b)   Medium trees, 40 feet; and
         (c)   Large trees, 50 feet.
      (2)   The minimum distance trees should be planted from curbs or curblines and sidewalks should be:
         (a)   Small trees, 2 feet;
         (b)   Medium trees, 3 feet; and
         (c)   Large trees, 4 feet.
      (3)   Only small trees should be planted within 15 feet of power lines.
      (4)   No street trees should be planted closer than 20 feet of any street corner, measured from the point of nearest intersecting curbs or curblines.
      (5)   No street tree should be planted closer than 10 feet from any fireplug, at least 50 feet in advance of stop or yield signs, 25 feet in advance of any other standard regulatory or warning signs, and 15 feet from driveway entrances if installed between the sidewalk and the street.
      (6)   The tree to be planted should be a desirable species, as provided in the Planting Manual.
      (7)   No underground utilities are present in planting site.
   (C)   The Tree Advisory Board shall check the proposed planting site for compliance with requirements, and may deny a permit for just cause. The decision of the Tree Advisory Board shall be made within 30 days after an application is filed.
   (D)   The city, on recommendation of the Tree Advisory Board, shall have the right to plant or cause to have planted trees, plants and shrubs within the right-of-way of all streets, alleys, avenues, lanes, and within squares and public grounds to enhance the symmetry and beauty of the public grounds. The Tree Advisory Board shall consult with the abutting property owner of the right-of-way as to the type of tree to be planted.
(Ord. 03-05, passed 6-2-2003)