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(a) All public trees located near any excavation or construction of any building, structure or street work, shall be guarded with a good substantial fence, frame or box not less than four feet high placed at the edge of the Critical Root Zone, measured as a distance of one foot per inch of DBH of the tree or beyond the dripline, whichever is larger. All laborers, building material, dirt or other debris shall be kept outside this barrier. The Tree Commission may permit a variance in cases where the barrier would impede the flow of traffic on a street, private street or driveway and where the prescribed distance interferes with a building or permanent structure.
(b) No person shall excavate any ditches or trenches within the Critical Root Zone of a public tree or lay any impervious pavementwithin fifteen feet of a public tree without first obtaining the written approval of the Tree Commission.
(Ord. 16-92. Passed 7-27-92; Ord. 20-15. Passed 12-28-15.)
Public utility companies shall notify the Tree Commission prior to pruning any public tree for the purpose of maintaining safe line clearance and shall carry out all such work in accordance with accepted arboricultural standards. If accepted arboricultural standards are not followed, the Commission shall immediately file a formal complaint with the Public Utilities Commission.
(Ord. 16-92. Passed 7-27-92; Ord. 20-15. Passed 12-28-15.)
In the case of officially declared emergencies, such as windstorms, ice storms or other disasters, the requirements shall be waived so that the requirements of this chapter would in no way hinder public and/or private work to restore order in the City. This work shall follow maintenance standards as outlined by the Tree Commission.
(Ord. 16-92. Passed 7-27-92; Ord. 20-15. Passed 12-28-15.)
No person shall hinder, prevent, delay or interfere with the Tree Commission, or any of its agents, while engaged in carrying out the execution or enforcement of this chapter on public or private property; provided, however, that nothing herein shall be construed as an attempt to prohibit the pursuit of any remedy, legal or equitable, in any court of competent jurisdiction for the protection of property rights by the owner of any property within the Municipality.
(Ord. 16-92. Passed 7-27-92; Ord. 20-15. Passed 12-28-15.)
(EDITOR'S NOTE: Section 943.25 was repealed by Ordinance 42-99, passed June 28, 1999.)
The Tree Commission may act as trustee for any property, assets or funds donated to the Municipality for the care and maintenance of public trees, provided the donor designates or provides for the designation of the Commission as such trustee. In such an event, the Commission shall have all those powers and duties necessary to carry out the purpose of the trust.
(Ord. 16-92. Passed 7-27-92; Ord. 20-15. Passed 12-28-15.)
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