[HISTORY: Added by the City Council of the City of Dover 11-13-2013 by Ord. No. 2013.10.09-013 as Ch. 163 of the 2013 Code. Amendments noted where applicable.]
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:
The authorized person employed or appointed by the City of
Dover by the City Manager to oversee all related tree and vegetation
issues.
All public parks owned by the City.
The person owning such property as shown by the City's Assessor's
plats.
Includes all streets, highways, parks, cemeteries, easements
or other grounds owned by the City.
Includes shade, ornamental and forest trees or shrubs now
or hereafter growing on any street, park, cemetery, or public place.
The application of pesticides, herbicides or any material
used in plant care; also to include any granular material for such
uses.
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.
Plant life, collectively.
A.
The City Arborist shall have the authority to regulate the planting,
maintenance, preservation, spraying and removal of trees and shrubs
in all public places for the benefit and the welfare of the public
and to protect and preserve the symmetry and beauty of such trees
and public places.
B.
The City Arborist shall have the authority to order the trimming,
spraying, preservation or removal of trees or plants upon private
property when he shall find such action necessary to public safety
or to prevent the spread of disease or insects to public trees and
places. The cost of such work may be billed to the property owner.
A.
No person shall plant, spray, fertilize, prune, remove, cut or otherwise
disturb above or below the ground any tree on any street, park or
public place without first filling an application and procuring a
permit from the City Arborist.
B.
No person shall apply pesticides or herbicides on a for-hire basis
without first filling an application and procuring a permit from the
City Arborist.
A.
The City Arborist shall issue such a permit if the proposed work
is desirable and the proposed method and workmanship thereof are in
accordance with reasonable arboricultural specifications and standards
of practice.
B.
Any permit granted shall contain a definite date of expiration and
the work shall be completed in the time allowed on the permit and
the manner as therein described. Any permit shall be void if its terms
are violated.
C.
Notice of completion shall be given within five days thereof to the
City Arborist for his or her inspection. Notice of completion may
be waived at the discretion of the Arborist.
D.
In order to obtain a permit, the person filing must provide a certificate
of insurance, professional license and information of where said work
will be done. Pesticide applicators must provide a State of New Hampshire
pesticide applicator's license.
A.
Generally, it shall be the duty of any property owner or person occupying
real property upon which there may be trees or plants bordering on
any street to prune such trees or plants in such a manner that they
will not obstruct or shade the streetlights, obstruct the passage
of pedestrians on sidewalks, obstruct vision of traffic signs, obstruct
the view of any street or alley intersection, or will not create any
other hazard to the public. The minimum clearance of any overhanging
portion thereof shall be 10 feet over sidewalks and 12 feet over all
streets except truck thoroughfares, which shall be 16 feet.
B.
Notice to prune or remove. Should any property owner whose property
is bordering on any street fail to prune trees or plants as hereinabove
provided, the City Arborist shall order such person, within 10 days
after receipt of written notice, to prune or remove such trees or
plants.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
C.
Order required. The order required herein shall be served by mailing
a copy of the order to the last known address of the property owner
by certified mail, return receipt requested.
D.
Failure to comply. When a person to whom an order is directed shall
fail to comply within the specified time, it shall be lawful for the
City to prune or remove such trees or plants, and all costs thereof
shall be charged to the property owner thereof.
[Amended 2-12-2020 by Ord. No. 2020.01.08-001]
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.
A.
All trees on any street or public place near any excavation or construction
of any building, structure, or street work shall be guarded with a
good, substantial fence, frame or box of such reasonable dimensions
as required by the City Arborist. All building materials, unless otherwise
approved by the City Arborist, or other debris shall be kept outside
the barrier. No person shall excavate any ditches, tunnels or trenches
or lay any drive within a radius of 20 feet from any public tree without
obtaining a permit from the City Arborist.
B.
No person shall deposit, place or maintain upon any public place
any vehicles, stone, brick, sand, concrete or other materials which
may impede the free passage of water, air and fertilizer to the roots
of any tree growing therein, except by written permit of the City
Arborist, except for emergencies.
[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.
