No person shall plant, remove, treat, prune, cable, brace, or otherwise disturb a public tree or shrub without first applying for and receiving a permit from the city forester. Requests for permits must be made a minimum of forty eight (48) business hours in advance of the time the work shall begin. A permit will not be required to prune branches that are less than six inches (6") in diameter. All work shall be performed in accordance with the "City Forestry Standards Of Practice And Specifications". The city shall be exempt from acquiring permits to perform necessary maintenance to public trees and shrubs or to remove public trees and shrubs as part of a city initiated public improvement project. Property owners shall be exempt from acquiring permits for planting, removing, or otherwise disturbing a public tree or shrub if the work is being performed as part of a development agreement approved by the city. If being performed as part of a development agreement, the city forester shall be notified a minimum of forty eight (48) business hours in advance of the time the work shall begin.
A. Required Permits And Ensuing Conditions Of Issuance: The following permits with the ensuing conditions of issuance shall be obtained before any private person or entity performs any work on public trees and shrubs:
1. Planting: A permit shall be issued for planting within the public right of way or on public property when the city forester finds that the new planting is desirable and the method of workmanship will be satisfactory and that the new planting(s) will conform to the "City Forestry Standards Of Practice And Specifications". A permit shall be denied if the planting(s) will likely create a future public nuisance or danger. Any tree planted within the public right of way or on public property pursuant to this chapter shall become the property of the city.
2. Removal: A permit shall be issued for removal of a public tree or shrub, including where the city forester finds the tree or shrub interferes with performing improvements within the public right of way or on public property, or the tree or shrub creates a public nuisance or danger. All public tree or shrub removal shall conform to the "City Forestry Standards Of Practice And Specifications".
No person shall close any street, alley, boulevard or parkway, highway, sidewalk, or trail to remove a public tree or shrub or private tree, or any portion thereof, without first obtaining the approval for such closing from the city in writing.
3. Treatment: A permit shall be issued for the treatment of any tree located within the public right of way for disease or insect infestation. A permit will only be issued when the tree has been designated by the city forester as a candidate for possible treatment. When required by law, treatment shall be performed by a commercial pesticide applicator licensed to perform work in the state of Iowa and shall consist of chemical treatments approved by the city forester.
B. Permits; Contents Of Permit Application: The application shall be made on a form supplied by the city. A fee may be assessed for the permit to cover the cost of administration. Fees will be established by resolution of the city council. Fees will not be required from public agencies or franchised utilities that operate within the city. The applicant shall, at the time of making the application, agree in writing to, in all respects, save the city harmless, indemnify the city, and protect the city and the public at all times in connection with work done under such permit.
C. Inspection Of Location Designated By The Permit: The city forester shall inspect the location designated by the permit, and if in his or her opinion it will be desirable that such tree or shrub be planted, removed, treated, or otherwise disturbed, the city forester shall issue a permit.
D. Improper Planting: Trees and shrubs planted within the public right of way or on public property without authorization or in accordance with an issued permit, and public trees and shrubs found growing in violation of the "City Forestry Standards Of Practice And Specifications", are subject to removal by the city forester following the appropriate notification.
E. Utility Requirements: All public utilities, their agents, employees, and subcontractors shall operate under an annual permit to prune public trees and shrubs for the purpose of eliminating potential hazards to public safety, to maintain their facilities, and to install or replace existing utilities. The annual permit requirement shall not apply to City initiated public improvement projects. The utility company shall provide to the City Forester a copy of its work specifications and work schedule a minimum of forty eight (48) business hours prior to the commencement of any work. In cases of emergency, notification shall be given a maximum of forty eight (48) hours after the commencement of work. All work must comply with the "City Forestry Standards of Practice and Specifications". (Ord. 2083, 2-23-2015)