§ 95.04 TREE PLANTING, MAINTENANCE, TRIMMING, AND TOPPING.
   (A)   Public tree care. The city shall have the right to plant, trim, prune, maintain, and remove trees, plants, and shrubs within the right-of-way of all streets, avenues, lanes, squares, and public grounds, as may be necessary for public safety or preserve or enhance the symmetry and beauty of such public grounds.
   (B)   Owner planting of street trees. The planting of street trees by adjacent property owners is encouraged, providing that the selection and distance between trees is in accordance with this subchapter.
   (C)   City tree planting program. The city will contribute $100 per (canopy) tree towards the planting of up to two new trees per property, provided that the following conditions are met.
      (1)   Trees must reach at least 30 feet height at maturity.
      (2)   The trees must be purchased from and planted by designated nurseries with which the city has agreements.
      (3)   The homeowner will pay the nursery for the tree at a 20% discount and the cost of its planting by the nursery.
      (4)   Upon the planting, the nursery will submit the paid invoice to the city.
      (5)   The city will send the homeowner a $100 rebate per tree.
   (D)   Trimming and pruning. Any tree or shrub or other plant on a right-of-way or private property shall be trimmed or pruned when it interferes with walking or traffic, or the proper spread of light along the street from a streetlight, or with visibility of any traffic-control device or sign. The person owning or occupying the property on or adjacent to which the tree, shrub, or other plant is located shall be responsible for trimming or pruning it to maintain the clearances for pedestrians and vehicles in accordance with this subchapter.
   (E)   Topping. It shall be unlawful as a normal procedure to top any street or park tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this subchapter at the determination of the Tree Board.
   (F)   Distances and clearances for planting of new trees.
      (1)   Distance from street corners and fireplugs. No street tree shall be planted closer than 35 feet of any street corner, measured from the point of nearest intersecting curbs or curb lines. No street tree shall be planted closer than ten feet of any fireplug.
      (2)   Distance from utilities. No street trees other than those species listed as small trees in the city’s street tree listing of trees acceptable for planting may be planted under or within ten lateral feet of any overhead utility wire, or over or within five lateral feet of any underground water line, sewer line, transmission line, or other utility.
      (3)   Distance from sidewalk, curb, or edge of pavement. The distance that trees may be planted from sidewalks, curbs, or edge of uncurbed street pavement depends on the three size classes of trees listed in the city’s street tree listing of trees acceptable for planting. Trees shall not be planted closer to any curb or sidewalk than the following distances:
         (a)   Small trees: two feet;
         (b)   Medium trees: three feet; and
         (c)   Large trees: four feet.
      (4)   Distance between trees. The distance between trees depends on the three size classes listed in the city’s street tree listing of trees acceptable for planting. Trees shall not be planted closer to each other than the following distances:
         (a)   Small trees: 30 feet;
         (b)   Medium trees: 40 feet; and
         (c)   Large trees: 50 feet except in special plantings designed or approved by a landscape architect.
      (5)   Clearances. Trees shall be trimmed to maintain these clearances:
         (a)   Above the surface of a sidewalk: eight feet;
         (b)   Above the surface of a street: 12 feet; and
         (c)   Between any part of tree and adjacent sidewalk or pavement: at least one foot.
(Ord. 12-04, passed 10-8-2012; Ord. 7 S14-15, passed 6-8-2015; Ord. 3 S16-17, passed 6-13-2016)
Cross-reference:
   Trees acceptable for planting, see § 95.14