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(a) Trees Located Within the Public Right-of-Way.

(1) The removal of significant trees within the public right-of-way is prohibited without written permission of the City Forester.

(2) Any significant tree located within a public right-of-way which abuts the developed area shall be shown on the landscape plan. Significant trees within the right-of-way which abut the developed area may be used as existing tree credits with the approval of the Planning Director.

(3) The developer must notify the City of Topeka Forester immediately if any significant tree located within a public right-of-way is damaged during construction of the development project. Upon inspection, the City Forester may require that the damaged tree be removed and replaced by the developer. The replacement tree shall be a similar species with a minimum caliper of two and one-half inches. Care and maintenance of the replacement tree shall be the responsibility of the developer or property owner for a period of three years. (Ord. 17846 § 11, 6-11-02. Code 1995 § 48-38.10.)

Cross References:Planning and Development Department, TMC 2.20.080; City Forester, Chapter 12.65 TMC.