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(1) Except for a public entity owning public property, planting, removing, moving, spraying, trimming, pruning, cutting above or below ground, disturbing or altering any public tree, or causing such acts to be done by others, without first obtaining the written consent of the City Forester is prohibited. This Section shall not apply to line clearance tree trimming by employees of the Department of Energy following coordination with the City Forester and tree maintenance activities by employees of the Parks and Recreation Department

(a) Any person receiving written consent for any action under Subsection (1) above shall abide by the arboricultural standards and specifications of practice specified by the Provo City Department of Energy and/or any specific conditions or methods required by the City Forester, including but not limited to both ANSI and BMP. Each crew performing contract work on a public tree shall have at least one (1) ISA certified arborist on the crew and on-site when work is approved.

(b) The City Forester shall approve any plans for removal of one (1) or more public trees. As a condition the permittee shall be required to compensate Provo City for the appraised value of trees removed either by replacement thereof or by monetary assessment. Appraisal values shall be determined by an ISA certified arborist with tree appraisal training.

(2) An owner of private property which abuts a Provo City right-of-way shall have the following responsibilities with respect to trees planted in the adjacent tree planting strip:

(a) routine watering of public trees to maintain good health and vigor; a property owner who does not water a public tree shall be liable for the death of such tree up to appraised value as determined by accepted ISA and the Council of Tree and Landscape Appraisers procedures;

(b) prevent damage to public trees caused by lawn mowers, weed trimmers, snow blowers, or similar equipment;

(c) if no formal parking strip has been established,

(i) maintain all trees on said property up to the edge of street or curb; and

(ii) be responsible for all vegetation planted or growing thereon.

(d) A tree located behind a public sidewalk shall be cared for and maintained by the adjacent property owner.

(Rep&ReEn 2008-39)