The regulations of this section shall apply to all street and park trees within the town.
(A) Planting. After official street species recommendations are prepared and adopted to guide tree plantings, street trees and park trees may be planted only in accordance with the species list and guidelines. Planting at variance with the list or guidelines requires special permission from the Community Tree Board.
(B) Pruning. Town departments and public utilities and their agents may undertake pruning of trees to protect public safety, protect utilities facilities and public improvements, and enhance the beauty of street trees and/or public grounds, provided that pruning personnel have attended an instructional workshop or can present proof of similar acceptable instruction in the proper care and pruning of trees. Town departments, public utilities, their agents, and any other person conducting major trimming of street or park trees shall notify the Town Manager of their plans before beginning work.
(C) Topping. It shall be unlawful as a normal practice for any person, firm or corporation to top any street tree, park tree, or other tree on public property. Trees severely damaged by storms or other causes, or certain trees under utility lines or other obstructions where other pruning practices are impractical, may be exempted from this chapter at the determination of the Public Works Director.
(D) Removal. The town may remove, or cause or order the removal of, any tree or part thereof that is in an unsafe condition or that, by reason of its nature or condition, is injurious to sewers, electric power lines, gas lines, water lines, sidewalks, streets, or other public improvements, or that is affected with any injurious fungus, insect, or other pest. The town shall replant a tree for each tree removed from the public right-of-way by the town. Such replanting may be done in the public right-of-way or on private property adjoining the right-of-way with the properly owner's permission, if it is impractical to replant in the public right-of-way. This section does not prohibit the planting of street trees by property owners, provided that the selection and location of trees are compatible with existing utilities and any adopted street tree species guidelines.
(E) Stumps. All stumps of street and park trees shall be removed so that the top of the stump does not project above the surface of the ground.
(F) Pruning for safe clearances. Every owner of any tree overhanging any street or right-of-way within the town shall prune the branches so that they do not obstruct the light from any street lamp or obstruct the view of any street intersection, and so that there shall be a clear space of eight feet above the surface of the street or sidewalk. Owners shall remove all dead, diseased, or dangerous trees, or broken or decayed limbs that the Town Manager, Police Chief, or Public Works Director finds to be a menace to the safety of the public. The town shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light, obstructs sight distances at intersections, obstructs an eight-foot clearance above streets or sidewalks, or interferes with visibility of any traffic control device or sign.
(G) Dead or diseased tree removal on private property. The town shall have the right to cause the removal of any dead or diseased trees on private property within the town when they constitute a hazard to life and property, or harbor insects or disease that constitute a potential threat to other trees within the town. The town will notify, in writing, the owners of such trees. Removal of such trees shall be carried by owners at their own expense within 60 days after the date of service of notice. In the event of failure of an owner to comply with such provisions, the town shall have the authority to remove such trees and charge the cost of removal to the owner. Such costs shall, if unpaid, become a lien on the property.
(Ord. 2012-06, passed 5-15-12) Penalty, see § 95.99