2010-05-04_PR Comm Packet - Laserfiche WebLink

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REMOVING HERBACEOUS PLANTS OR SHRUBS: A. Hazard Placement: No tree, shrub or herbaceous plant shall be planted, placed or allowed to remain in a place which the City Engineer determines could cause a traffic hazard. B. Boulevard Planting: Trees, herbaceous plants or shrubs must be located within the first three (3) feet of the boulevard, measured from the property line and shall be consistent with the City Tree Planting Plan and not in conflict with public plantings based on the judgment of the City Horticulturist. Planting will be by permit only. C. Spacing/Placement: Placement of trees, herbaceous plants or shrubs must be consistent with Sections 706.06 through 706.08 and the regulations listed in the City Tree Planting Plan. D. Abuse or Mutilation: No person shall on public spaces and right of way: 1. Damage, cut, remove, carve, kill or injure trees without authorization. 2. Trim, prune, remove, spray or otherwise treat trees without authorization. 3. Attach any rope, wire or other contrivance. 4. Cause or permit any wire charged with electricity or any gaseous liquid or solid substance to come in contact with trees which are located on, or extend over, any public street, boulevard, park or other public place without a permit. E. Permits: 1. No person shall plant or remove trees or shrubs on a public boulevard without first obtaining a permit from the Community Development Department. 2. The following provisions apply to the issuance of permits for planting trees or herbaceous plants and shrubs on a public boulevard: a. Application Data: The application required under this Section shall state the number of trees to be planted, the location, size and specific species of each tree or plant. b. Standards for Issuance: A permit shall be issued after the application has been determined to be in compliance with the City Tree Planting Plan and the requirements of this Section and related sections by the Development Review Committee. c. Replacement: As a condition to the granting of a tree removal permit, the Development Review Committee may require the applicant to relocate or replace trees to be consistent with the City Tree Planting Plan. d. Bond Requirements: A posted bond or cash escrow may be required in an amount to be determined by the City Horticulturist conditioned upon satisfactory compliance with the terms of the permit. e. Permit Denial: If a tree planting or removal permit is denied, the reason(s) for denial shall be set forth in writing and given to the applicant. f. Denial Appeal: Any applicant adversely affected by the decision may appeal to the City Tree Board and, finally, to the City Council. F. Areas Not Applicable: The provisions of subsection D above shall not apply to: 1. The removal of trees on public easements/rights of way, conducted by, or on behalf of, a Federal, State, County, Municipal or other governmental agency in pursuance of its lawful activities or functions in construction or improvements. 2. The removal of any tree by a public utility when such tree has the reasonable potential of endangering the facility's operation by the utility. (Ord. 1107, 12-9-91) 706.07: DUTIES OF PRIVATE OWNERS: It shall be the duty of any person owning private property to comply with the following: A. Planting on Private Property: No person shall plant or allow to be planted on any privately owned property any tree listed on the City tree plan as prohibited.