916.08 REMOVAL, REPLANTING AND REPLACEMENT.
(a) Wherever it is necessary to remove a tree or shrub from a tree lawn in connection with the paving of a sidewalk, or the paving or widening of a portion of a street, alley or highway used for vehicular traffic, or from City right of way, the City shall replant such trees or shrubs, or replace them; provided, that it may be satisfied if an equivalent number of trees or shrubs of the same size and of a recommended species as provided for by the Tree Commission are planted in an attractive manner on the adjoining property.
(b) No person or property owner shall remove a tree or shrub from a tree lawn or right of way for the purpose of construction, or for any other reason without obtaining a permit from the City Administrator or their Agent and without replacing the removed tree or shrub. Such replacement shall meet the standards of size, species and placement (and equal to or exceeding diameter inches) as provided for in a permit issued by the City Administrator or their Agent. The person or property owner shall bear the cost of removal and replacement of all trees or shrubs removed.
(1) Should approval be given for the removal, the City Administrator may opt to replace the trees in another location. In this case, the person will be billed by the City of Whitehall for the reestablishment of an equal number of diameter inches to be planted by the City in a location of its choosing within six (6) months of removal. Reestablishment cost shall be determined annually per City of Whitehall's Urban Forestry Management Plan. Failure to pay reestablishment fee within thirty (30) days shall result in the fee being assessed to the property taxes.
(c) Whenever any tree or shrub is planted or set out in conflict with the provisions of this ordinance and policies and specifications of the City, the City Administrator or their Agent may cause removal of the same without obligating the City to replace the illegally planted tree(s).
(Ord. 101-2023. Passed 12-19-23.)