A. The Arborist is authorized to issue permits for certain work on shade trees by individuals other than City employees. Permits shall be required for the following:
1. Planting, treating, pruning, removing, or otherwise disturbing any tree located in the public areas;
2. Trimming, pruning, or removing any tree or portions thereof, including limbs and roots, if such tree or portions thereof may reasonably be expected to fall in public areas and cause damage to persons or property, or interfere with pedestrian or vehicle traffic using the public right of way;
3. Placing in public areas, either above or below ground level, a container for trees, shrubs, or other plants;
4. Transplanting any tree located in the public area;
5. Damaging or cutting roots by tunneling, trenching, or digging in public areas or within the purpose of sidewalk, curb, pipe, conduit, electric, or other installation and repair;
6. Deposit, place, store or maintain any stone, brick sand, concrete or other materials which may impede the free passage of water, air or fertilizer to the roots of any such shade tree.
B. Permits shall be in writing and shall specify the work permitted and the time period during which the work shall be performed, not exceeding one 6 months from the date of the permit.
C. Conditions attached to permits. As a condition to any permit to remove any shade tree, the City at its discretion may require that the applicant plant, at his own expense, another tree in place of the one removed. The Shade Tree Commission in such case shall direct the type, size and location of the tree to be planted and the time within which the work shall be done. As a condition to any permit to move any building or object on or over any public street or other public right-of-way, the City may require the applicant to furnish bond in an amount sufficient to cover any damage or injury to any shade tree caused by the applicant or his agent(s) and it may direct the route of any such moving so as to minimize damage or injury to shade trees.
D. The application for a shade tree permit shall be made by the owner or lessee, or the agent of either, of the real estate on which such tree is located or, if such tree is located on a public right-of-way, the application shall be made by the owner or lessee, or the agent of either, of the real estate nearest the tree.
E. Revocation of permit. The Arborist may revoke a permit or approval issued under the provisions of this Part in case of any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based. Revocations may be appealed, in writing, to the Director within five (5) workdays of that notice of revocation.
F. Nullification of permit. Any permit issued in conflict with the provisions of this Part shall be null and void and may not be construed as waiving any provision of this Part.
G. Form of permit application. The permit application shall be on a form prepared by the Commission.
H. Fees. The fee for the shade tree permit, if any is deemed necessary, shall be set by ordinance of Council; see Chapter 212, Fees.2
I. In no case shall a shade tree permit be issued for planting, transplanting, cutting, trimming or removing any tree or for the fastening of any sign, wire, rope, or other materials to, around, or through any shade tree where such activity would be in violation of any provision of this Part.
J. Exception. Nothing in this Section shall be construed to exempt abutting property owners, municipal authorities, or public utility companies or other agencies from any of the requirements of this Chapter. Only the City of Reading Director of Public Works, his/her designee, an agent of the Director, or a contractor hired by the City of Reading Department of Public Works may perform work on City owned trees without obtaining a permit.
2. Editor's Note: Amended during codification (see Ch. 1, General Provisions, Part 2).