A. Location of Utility Poles and Wires. Any person given the right to maintain poles and wires in the streets, alleys or other public places in the Village shall, in the absence of provision in a franchise, license or other similar agreement concerning the subject, keep such wires and poles free from and away from any trees or shrubs in such places, so far as may be possible.
B. Tree Trimming. All trimming of trees and shrubs located on the public ways or on Village property shall be done solely by the Village or its designee. No utility shall trim, prune, cut, damage or remove any trees or shrubs located anywhere in the Village. The Village shall have the discretion to allocate the cost of such trimming among all affected utilities. Each affected utility shall pay its share of such costs within 30 days after the date the bill is issued by the Village. Notwithstanding the foregoing, the Village, pursuant to a franchise, license or other similar agreement, may permit a utility to perform such trimming, pruning or cutting of trees or shrubs at one or more locations within the Village.
C. Notice to Village. Any person operating a utility in the Village shall promptly notify the Director of Public Works if any trees or shrubs have grown so as to come into contact with the utility’ s facilities.
D. Chemicals Prohibited. No utility shall spray, inject or pour any chemicals on or near any trees, shrubs or other vegetation in the Village for any purpose, including the control of growth, insects or disease.
E. Tree Preservation and Protection Plan. The Director of Public Works shall require the permittee to provide a tree preservation and protection plan that meets all requirements of section 15.28.070 of this Code, provided that the Director of Public Works has determined that either of the following circumstances exists:
1. The proposed construction is within 10 feet of any tree on the public right-of-way or public property; or
2. The proposed construction may affect the drip zone of any protected tree, as defined in Chapter 15.28 of this Code.
(MC-15-2007, Amended, 11/20/2007; MC-10-2007, Added, 07/10/2007)