(A)   The planting of any street tree must be in accordance with the requirements in the tree planting and transplanting specifications section of the Arboricultural Specifications Manual. The Urban Forester shall have the power and authority to vary such limitations as may be necessary and proper, taking into account the lot width in question, location of fire hydrants, driveways, curbs or the like. Spacing must be in accordance with the requirements in the Arboricultural Specifications Manual except in special plantings designed or approved by the Urban Forester, or except as consistent spacing with already existing trees dictate. It is not the intention of this section to prevent the planting of street trees.
   (B)   Except as provided in divisions (C) through (E) below and § 97.15, the planting of all street trees shall be done according to the city tree plan, at the expense of the city, with the proper permit.
   (C)   The owner or occupant of property abutting public rights-of-way may plant street trees at his or her own expense in accordance with the Arboricultural Specifications Manual, provided he or she secures a permit approval from the Urban Forester.
   (D)   An owner or occupant who gains a permit to remove a healthy tree shall be required by the city to replace that tree.
   (E)   Public utilities are not exempt from the responsibility for the replacement of street trees which must be removed in order to maintain utility lines. A tree shall be replanted at the expense of the utility if removal of an existing tree is necessary.
   (F)   Any person planting a street tree is required to receive approval of all permits as listed in this chapter prior to the commencement of work.
(Ord. 13-3-90, passed 5-14-90; Am. Ord. 17-4-98, passed 5-24-99; Am. Ord. 8-3-09, passed 4-28-09)