The purpose of this chapter is to enact provisions to protect
and enhance the administrative procedures with regard to the planting
of or removal of trees and vegetation within the City of Dover.
As used in this chapter, the following terms mean:
CITY ARBORIST or ARBORIST
The authorized person employed or appointed by the City of
Dover by the City Manager to oversee all related tree and vegetation
issues.
PARK
All public parks owned by the City.
PROPERTY OWNER
The person owning such property as shown by the City's Assessor's
plats.
PUBLIC PLACES
Includes all streets, highways, parks, cemeteries, easements
or other grounds owned by the City.
PUBLIC TREES
Includes shade, ornamental and forest trees or shrubs now
or hereafter growing on any street, park, cemetery, or public place.
SPRAYING
The application of pesticides, herbicides or any material
used in plant care; also to include any granular material for such
uses.
STREET or HIGHWAY
The entire width of every public way or right-of-way when
any part thereof is open to the use of the public as a matter of right
for purpose of vehicular or pedestrian traffic.
Unless specifically authorized by the City Arborist, no person
shall damage, prune, transplant, or remove any public tree; attach
any rope, wire, nails, advertising posters, or any contrivance to
any tree; allow any gaseous, liquid or solid substance which is harmful
to such trees to come in contact with them; or set fire or permit
any fire to burn when such fire or the heat thereof will injure any
portion of any such tree. The City may recover the cost of repair
or replacement of such mutilated tree.
Whenever any tree shall be planted improperly in any public
place in violation of the provisions hereof, the City Arborist may
remove or cause removal thereof, or may take such other action deemed
necessary to rectify such improper planting, and the cost thereof
may be charged to the property owner or planter thereof.
No person or property owner shall remove a tree from any public place for the purpose of construction, or for any other reason, without procuring a permit as required by §
133-4 and without replacing the removed tree. Said replacement shall meet the standards of size, species, and placement as provided for in the permit issued by the City Arborist. The person or property owner shall bear the cost of removal and replacement of all trees removed.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
Violations of any provision of this chapter shall be subject
to a fine as provided in the City Fine Schedule. The violator shall
be liable for the cost of restoration of the affected vegetation to
a condition which conforms to the provisions of this chapter to the
satisfaction of the Community Services Director. If a violator fails
to ensure that the above-said conformance is accomplished within 30
days of receiving written notification from the City Arborist, the
restoration shall be accomplished by the City and charged to the violator.