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No tree shall be planted closer than twenty-five feet from any street corner, measured from the point of nearest intersecting curbs or curblines. No tree shall be planted closer than ten feet from any fire hydrant.
(Ord. 16-92. Passed 7-27-92; Ord. 20-15. Passed 12-28-15.)
No public tree other than those species referred to as small trees in Section 943.09 may be planted under or within ten lateral feet of any overhead utility wire, or over or within five lateral feet of any underground water line, sewer line or other utility.
(Ord. 16-92. Passed 7-27-92; Ord. 20-15. Passed 12-28-15.)
(a) The City shall have the right to plant, prune, maintain and remove all public trees, as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of public sites. The Tree Commission may remove or cause to be removed, any public tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines or other public improvements, or is affected with any injurious disease, insect or fungus.
(b) This section does not prohibit the planting of a tree along streets by property owners providing that the selection of such tree is in accordance with Sections 943.09 through 943.13. No property owner shall plant a tree within the rights-of-way without first obtaining the written approval of the Commission or the City Arborist.
(Ord. 16-92. Passed 7-27-92; Ord. 20-15. Passed 12-28-15.)
(a) Whenever it is necessary to remove a public tree in connection with the paving of a sidewalk or the widening of a portion of a street or highway, the City shall replant the tree, cause it to be replanted, or replace it with a species described in Sections 943.08 and 943.09. This requirement shall be satisfied if an equivalent number of trees of the largest possible mature size is planted at the nearest appropriate location as determined by the Tree Commission or the City Arborist.
(b) No person shall remove a public tree for the purpose of construction or any other reason, without the written permission of the Commission. The Commission may require replacement of a removed tree as a condition to the Commission's approval. Such replacement shall be in accordance with the criteria listed in Sections 943.08 and 943.09. The person or property owner shall bear the cost of removal and replacement of all public trees removed.
(Ord. 16-92. Passed 7-27-92; Ord. 20-15. Passed 12-28-15.)
(a) In the event that a person or entity removes a tree for any reason other than the tree having posed a hazard or having fallen, that person or entity shall compensate for the loss of canopy in one of the following ways:
(1) By planting a tree with a mature DBH equivalent to the DBH of the removed tree, or trees equivalent to that number, on private property in the city; or
(2) By depositing into the Tree Canopy Fund an amount that represents the city's cost to obtain and plant trees to replace the removed tree on the same site or elsewhere in the city at the 3x mature DBH rate.
(b) It shall be unlawful as a normal practice for any person, firm or City department to top any public tree. “Topping” means the severe cutting back of limbs to stubs larger than three inches in diameter so as to remove the normal canopy and disfigure the tree. Public trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this section at the determination of the Tree Commission.
(Ord. 16-92. Passed 7-27-92; Ord. 20-15. Passed 12-28-15.)
(EDITOR'S NOTE: Section 943.17 was repealed by Ordinance 42-99, passed June 28, 1999.)
(EDITOR'S NOTE: Section 943.18 was repealed by Ordinance 42-99, passed June 28, 1999.)
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