(a) Required for Permit. The Department shall require every Permittee to install a suitable street tree in order to minimize any negative effects on the Aesthetic Character of the streetscape resulting from Permittee’s construction, installation and maintenance of the permitted Surface-Mounted Facility.
(b) “In-Lieu” Fee.
(1) In any instance in which the Department cannot require the Permittee to install an appropriate street tree in the vicinity of the permitted Surface-Mounted Facility, including on the basis of inadequate sidewalk width, interference with utilities, or other reasons regarding the public health, safety, or welfare, the Department shall instead require the Permittee to pay an “in-lieu” fee.
(2) An Applicant may elect to pay the “in-lieu” fees described in subsection (b)(1) instead of installing any required street tree. The Applicant shall notify the Department of its election in the Notice of Intent required under Section 2712 of this Article 27.
(3) The “in-lieu” fee required by this subsection (b) shall be in the amount specified in Public Works Code Sections 802(h) and 807(f) for the installation of one street and shall be paid into the “Public Works Adopt-A-Tree Fund” established under Administrative Code Section 10.100-227.
(c) Care and Maintenance of Street Trees. The care and maintenance of any street trees required to be installed in the Public Right-of-Ways under this Section shall be in accordance with the terms and conditions of Article 16 of the Public Works Code, Section 800, et seq.
(d) No Separate Permit Required. Where required, the installation of a street tree shall be incorporated into the Surface-Mounted Facility Site Permit issued by the Department under this Article 27
. No separate permit will be required under Section 810B of the Public Works Code.