No person shall commence or proceed with any operation involving a public tree without first obtaining a public tree work permit from the City. Activities covered by this section include, but are not necessarily limited to, planting, fertilizing, spraying, protecting, pruning, removing, cutting above ground, cutting below ground or otherwise disturbing a public tree. Any other provision of this article notwithstanding, any public utility company, including a cable television company, may apply for and receive a blanket permit which covers the entire activity of a scheduled right-of-way maintenance operation.
(a) Application for a public tree work permit shall be made in the form prescribed by the City by:
(1) The public utility company or its authorized agent, if the work is to be done by a public utility company pursuant to its regular operations; and
(2) The abutting property owner, or such owner's agent, if the work is to be performed within the street on behalf of the abutting property owner.
(3) Any agency of the City doing work involving urban trees shall cooperate with the Arborist as prescribed by this article.
Application for permits shall be made at the Building Official's office not less than forty-eight hours in advance of the time the work is to be done, provided that in case of a blanket permit, such application shall be made not later than fifteen days prior to the anticipated commencement of that work.
The Building Official shall cause the permit to be issued, if in the judgement of the Arborist, the proposed work is desirable and the proposed method and workmanship thereof are of a satisfactory nature. Any permit granted shall contain a definite date of expiration and the work shall be completed in the time allowed on the permit, and in the manner as therein described. Provided, that such expiration date and time limit for completion may be extended if the work is not completed therein due to weather conditions or other unforseen or uncontrollable circumstances. Any permit may be revoked if its terms are violated. The City may charge a fee to cover the cost of printing and processing the permits referred to in this section; provided, that such fee may not exceed twenty-five dollars ($25.00) per permit. There shall be no fee charged for the planting of trees. A fee of three dollars ($3.00) may be charged for pruning. Notice of completion shall be given within five days to the Building Official for inspection by the Arborist.
(b) Application Data.
(1) Planting. The application required herein shall state the number of trees to be planted; the location, grade, species, cultivar or variety of each tree, the method of planting and such other information as is reasonably necessary for a fair determination of whether a permit should be issued.
(2) Improper planting. Whenever any tree is planted or transplanted in conflict with the provisions of this section, the City shall remove or cause removal of the same, and the exact cost thereof may be assessed to and paid by the person responsible for the improper planting of such tree.
(3) Maintenance. The application required herein shall state the number and kinds of trees to be sprayed, fertilized, pruned or otherwise protected (except in the case of an application for a blanket permit); the kind of treatment to be administered; the composition of the spray material to be applied; and such other information as shall be reasonably necessary for a fair determination of whether a permit should be issued. All pruning shall be done to comply with the Urban Tree Specifications.
(Ord. 89-17. Passed 12-18-89.)
(c) Removal, Replanting and Replacement.
(1) Whenever it is necessary to remove a tree or trees in connection with the paving of a sidewalk, or the paving or widening of the portion of a street or highway used for vehicular traffic, whenever possible, the City shall replant such trees or replace them. Provided that when conditions prevent planting between the curb and the sidewalk, any equivalent number of trees of the same size and species as provided for in the Urban Tree Specifications and Standards of Practice may be planted in an attractive manner on the adjoining property with the consent of the adjoining property owner. If it is impractical to replant in the same area, the Arborist shall designate an appropriate location for planting the replacement tree.
(2) Except as provided in a permit, no person or property owner shall remove a tree from the City right of way for the purpose of construction, or for any other reason, without replacing the removed tree or trees in accordance with the adopted Urban Tree Specification. Such replacement shall meet the standards of size, species and placement as provided for in a permit issued by the City. The person or property owner shall bear the cost of removal and replacement of all trees so removed and replaced.
(Ord. 89-17. Passed 12-18-89.)