(A) Permits for tree removal.
(1) With the exception of representatives of the municipality, any person, business, contractor, utility or property owner desiring to remove a tree from the tree lawn, parks, street medians or other public place for the purpose of construction, or for any other purpose, must first obtain a permit from the municipality, for which no fee shall be charged.
(2) The City Manager has the authority to grant permits for the removal of trees from public places. Such permits may be denied if the removal of tree(s) from a public place is not necessary for the protection of public health and safety; or can be reasonably avoided; or, in the case of realty development or construction, unless the permit request is accompanied by a plan to protect public trees in the general vicinity of construction and add new trees and/or landscaping if part of the tree lawn is to be removed. The city shall review permit applications within 15 business days of postmarked date or record of receipt, whichever is earlier; if a permit application is not acted upon within the specified time, the applicant may deem the permit to have been denied.
(B) Removal of public trees by the city. Whenever it is necessary for the city to remove a tree or shrub from a tree lawn or other public place, in connection with the paving of sidewalk, paving or widening of a street, or for any other reason, the city shall make reasonable endeavors to remove and replant such trees or replace them. No tree over 12 inches in caliper or tree which is 30 years of age or older, shall be removed without prior review by the City Manager. Replacement trees shall meet the standards of species, size, condition and placement set forth in this chapter and in the City Tree Manual. Where practicable, any removed tree with a diameter at breast height (DBH) of four inches or more shall be replaced, preferably with a tree of comparable caliper and equal or better condition.
(C) Removal or defacement of public trees.
(1) No person shall damage, cut, carve, transplant or remove any tree or shrub on public property or in the public right-of-way; attach any rope, wire, nails, advertising posters, or other contrivance to any tree or shrub on public property or in the public right-of-way; or set fire or permit fire to burn in any manner that injures any portion of any tree or shrub on public property or in the public right-of-way.
(2) Any public tree(s) that are damaged, but not badly enough to justify removal, as determined by the City Manager, shall be considered to be devalued. The person or entity causing such damage shall compensate the city for such damage. The monetary amount shall be determined by the City Manager or his designee, based on the assessment of a licensed arborist of the monetary investment required to save the tree(s); or, if there is a likelihood the tree(s) will not survive the damage inflicted, then the cost of replacement of tree(s) of like species and caliper; or, if a different species is more suitable based on current best practices, or the tree(s) is/are too large to be replaced in kind, then the cost of replacement with tree(s) of minimum caliper 1 –2" of the same species or more suitable species, as judged by a licensed arborist.
(D) Tree topping. Street trees or public trees shall not be topped except in such circumstances when the trees are severely damaged by storms or other natural causes, or when such trees are under utility wires or other obstructions where other pruning practices are impractical. Tree topping shall be considered as the severe cutting back of limbs to stubs larger than three inches in diameter within the trees' crown to such a degree so as to remove the normal canopy and/or disfigure the tree. As a matter of policy, the City Manager should make all utility providers aware of the standards for tree topping of public and street trees within the city, and take all reasonable steps to insure that the pruning of public trees by utility companies is consistent with these standards.
(Ord. 1-2002, passed 1-2-02) Penalty, see § 100.99