(a) The Tree Commission shall have authority to formulate a Master Street Tree Plan, which shall specify the species of trees to be planted on each of the streets or other public sites within the Village. From and after the effective date of the Master Street Tree Plan or any amendment thereto, all planting shall conform thereto. The Commission shall consider all existing and future utilities (overhead and underground) and environmental factors when recommending a specific species.
(b) (1) No person shall plant, remove, or cut above ground any tree on any treelawn, any tree on the land of another, or any tree on Village property, for the purpose of construction or any other reason without first contacting the Tree Commission. If permission is obtained by the Tree Commission to remove or cut a tree, the property owner shall bear said cost of removal or cutting, including the cost of any stump removal.
(2) The Tree Commission may request that a new tree be planted at the cost of the property owner or the old tree replaced at the cost of the property owner. The property owner would also assume proper care, watering and maintenance. The Tree Commission may require that a new tree be planted at the cost of the property owner or the old tree replaced at the cost of the property owner. The property owner would assume proper care, watering and maintenance.
(3) The Tree Commission would state the number of trees planted, the approximate location, the type of tree, and such information as the Tree Commission shall find reasonably necessary.
(4) Notwithstanding any other provision within this chapter, no person shall maintain, plant, or permit to remain on any private or public premises at the intersection of two or more streets or alleys within the Village, any hedge, tree, shrub, or other growth which may obstruct the view of the operator of any motor vehicle approaching such intersection to the extent that such operator is unable to observe other vehicles or pedestrians approaching or crossing such intersection. Any such hedge, tree, shrub, or growth, if declared to be a public nuisance, may be corrected by the Village.
(5) The Village shall have the right to order the removal of any trees, plants, or shrubs within the right-of-way of all streets, alleys, avenues, lanes, squares and public grounds, upon agreement with the Tree Commission, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such grounds. To protect the public safety can include when a tree is in an unsafe condition, dangerous condition, or the tree is infected with any injurious disease, insect or other pest and constitutes a hazard to life and/or property. The property owner shall bear the cost of said removal and shall complete said removal within 15 days after receiving notice of the request for removal. In the event of failure of the property owner to comply with such provisions, the Village shall have the authority to remove such trees, plants, or shrubs and charge the cost of removal to the owner's property tax notice. The Village shall give five days notice, by certified mail, to the owner of such lot or parcel of land, at his last known address, to pay the cost of such trimming or removal. Notice shall be accompanied by a statement of the amount of cost incurred, and in the event the same is not paid within 30 days after the mailing of such notice, then such amount shall be certified to the County Auditor for collection of the same as other taxes and assessments are collected. In the event this amount is not paid within 30 days after the mailing and must be certified to the County Auditor, an additional charge of ten dollars ($10.00) shall be assessed for the purpose of defraying the cost of such certification.
(c) Unless specifically authorized by the Tree Commission, no person shall intentionally damage, cut, or nail any advertising, signage, poster, or other contrivance to any tree.
(d) Any new street developed in a subdivision by a private developer and dedicated to the Village shall have a street tree plan approved by the Committee.
(e) No person shall deposit, place, store, or maintain any stone, brick, sand, fill dirt, concrete, or other materials which may impede the free passage of water, air and/or nutrients to the roots of any public tree.
(f) The Tree Commission shall not be responsible for any damage caused to sidewalks by tree roots. No property owner or person will cut or injure tree roots in any way if replacing a sidewalk, without first contacting the Tree Commission and obtaining their express permission.
(g) No person shall hinder, prevent, delay or interfere with the Tree Commission while engaged in carrying out the execution or enforcement of this chapter, provided, however, that nothing herein shall be construed as an attempt to prohibit the pursuit of any remedy, legal or protection of property rights by the owner of any property within the municipality.
(h) Village Council shall have the right to review the conduct, acts, and decisions of the Tree Commission. Any person aggrieved or affected by any ruling or order of the Tree Commission may appeal such ruling or order to Village Council, who shall hear the matter and make a final decision. Any appeal of any ruling or order of the Tree Commission shall be filed within 15 days of the issuance of such order or ruling, with the Village Clerk. The notice of appeal shall state the date of the ruling or order appealed from and shall attach a copy of such ruling or order to the notice of appeal. Council shall hear and decide said appeal within 30 days after it is filed with the Clerk.
(i) Should any section, clause or provision of this chapter be declared by the courts to be invalid, the same shall not affect the validity of the chapter as a whole, other than the part so declared to be invalid.
(j) Any person, firm or corporation violating or failing to comply with any of the provisions of this chapter shall be guilty of a minor misdemeanor. Any person, firm or corporation who violates or fails to comply as a second offense shall be deemed guilty of a misdemeanor of the fourth degree. Each day of continuing violation shall constitute a separate offense.
(k) It shall be unlawful as a normal practice for any person, firm or company to top any street tree, park tree or other tree on public property. “Topping” is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the trees’ crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical, may be exempted from this chapter at the determination of the Tree Commission.
(Ord. 2014-02. Passed 2-10-14)