(A) Creation and establishment of Village Tree Board. There is hereby created and established a Tree Board for the village, which shall consist of three members, citizens and residents of the village, who shall be appointed by the Chair with the approval of the Board of Trustees.
(Prior Code, § 1-601)
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PARK TREES. Trees, shrubs, bushes and all other woody vegetation in public parks having individual names and all areas owned by the village or to which the public has free access as a park.
STREET TREES. Trees, shrubs, bushes and all other woody vegetation on land lying between property lines on either side of all streets, avenues or ways within the village.
(Prior Code, § 1-602)
(C) Term of office. The term of the three persons to be appointed by the Chair of the Board of Trustees shall be three years; except that, the term of one of the members appointed to the first Tree Board shall be for only one year and the term of two members of the first Tree Board shall be for two years. Terms shall commence July 1 of each year. In the event that a vacancy shall occur during the term of any member, his or her successor shall be appointed for the unexpired portion of the term.
(Prior Code, § 1-603)
(D) Compensation. Members of the Tree Board shall serve without compensation.
(Prior Code, § 1-604)
(E) Duties and responsibilities. It shall be the responsibility of the Tree Board to study, investigate, counsel and develop and/or update annually and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets and in other public areas. Such plan will be presented annually to the Village Board of Trustees and, upon its acceptance and approval, shall constitute the official comprehensive Village Tree Plan. The Tree Board, when requested by the Board of Trustees, shall consider, investigate, make finding, report and recommend upon any special matter of question coming within the scope of its work.
(Prior Code, § 1-605)
(F) Operation. The Tree Board shall choose its own officers, make its own rules and regulations and keep a minute book of its proceedings. A majority of its members shall be a quorum for the transaction of business.
(Prior Code, § 1-606)
(G) Street tree species to be planted. The tree list adopted by the Tree Board and published by it constitutes the official street tree species for the village. No species other than those included in this list may be planted as street trees without written permission of the Village Tree Board.
(Prior Code, § 1-607)
(H) Spacing. The spacing of street trees will be in accordance with the three species size classes listed in the tree list. No trees may be planted closer together than the following: small trees, 30 feet; medium trees, 40 feet; and large trees, 50 feet, except in special plantings designed or approved by a landscape architect.
(Prior Code, § 1-608)
(I) Distance from curb and sidewalk. The distance which trees may be planted from curbs or curb lines and sidewalks will be in accordance with the three species size classes listed in the tree list, and no trees may be planted closer to any curb or sidewalk than the following: small trees, two feet; medium trees, three feet; and large trees, four feet.
(Prior Code, § 1-609)
(J) Distance from street corners and fireplugs. No street tree shall be planted closer than 35 feet to any street corner, measured from the point of nearest intersecting curbs or curb lines. No street tree shall be planted closer than ten feet to any fire hydrant.
(Prior Code, § 1-610)
(K) Utilities. No street trees other than those species listed as small trees in the tree list may be planted under or within ten lateral feet of any overhead utility wire, or over or within five lateral feet of any underground water line, sewer line, transmission line or other utility.
(Prior Code, § 1-611)
(L) Public tree care. The village shall have the right to plant, subject to division (M) below, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds. This section does not prohibit the planting of street trees by adjacent property owners; providing that, the selection and location of said trees is in accordance with this section.
(Prior Code, § 1-612)
(M) Consent of property owner. The Village Tree Board shall plant no trees on public right-of-way without the consent of the adjacent property owners. Such consent shall be in writing and shall be maintained as part of the official Tree Board records.
(Prior Code, § 1-613)
(N) Tree topping. It shall be unlawful as a normal practice for any person, firm or village department 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 tree’s crown to such a degree 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 section at the determination of the Village Tree Board.
(Prior Code, § 1-614)
(O) Pruning; corner clearance. Every owner of any tree overhanging any street or right-of-way within the village shall prune the branches so that such branches shall not obstruct the light from any street light or obstruct the view of any street intersection and so that there shall be a clear space of eight feet above the surface of the street or sidewalk.
(Prior Code, § 1-615)
(P) Dead or diseased tree removal on private property.
(1) All trees that are in a diseased, dying or dead condition are declared to be a public nuisance and shall be removed by the property owner from the private property on which they are located. For the purpose of carrying out the provisions of this section, the Village Tree Board shall have the authority to enter on private property to inspect the trees thereon. In the event that the trees are diseased or dead, notice shall be given to the owner of the property by mail or personal service and such notice shall allow the said owner 30 days to remove the said tree or trees.
(2) In the event that the owner is a non-resident, notice shall be made by publication in a newspaper of general circulation or by certified mail if the name and address are known. The person charged with the removal may enter into an agreement with the village that such work be accomplished by the village and the expense shall be declared to be a lien upon such property from the time the same becomes due until paid. If the owner fails, neglects or refuses to enter into such an agreement or to remove the trees, the Village Tree Board may enter upon the property and proceed to direct the removal of the trees; the cost thereof shall be chargeable to the property owner. If the owner fails to reimburse the village after being properly billed, the costs shall be assessed against the property and certified by the Village Clerk to the County Treasurer to be collected in the manner prescribed by law.
(3) In the event the property owner is a non-resident of the county in which the property lies, the village shall, before levying any special assessment against that property, send a copy of any notice required by law to be published by means of certified mail, return receipt requested, to the last known address of the non-resident property owner. The last known address shall be that address listed on the current tax rolls at the time such required notice was first published.
(Prior Code, § 1-616)
(Q) Removal of stumps. All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.
(Prior Code, § 1-617)
(R) Interference with Village Tree Board. It shall be unlawful for any person to prevent, delay or interfere with the Village Tree Board, or any of its agents, while engaging in the planting, cultivating, mulching, pruning, spraying or removing of any street trees, park trees or trees on private grounds, as authorized in this section.
(Prior Code, § 1-618)
(S) Arborist’s license. It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating or removing street trees within the village without first applying for and procuring a license. The license fee shall be $25 annually in advance; provided, however, that, no license shall be required of any public service company or village employee doing such work in the pursuit of their public service endeavors. Before any license shall be issued, each applicant shall first file evidence of possession of liability insurance in the minimum amounts of $50,000 for bodily injury and $100,000 for property damage, indemnifying the village or any person injured or damaged as a result of the pursuit of such endeavors, as herein described.
(Prior Code, § 1-619)
(T) Review by Village Board of Trustees. The Board of Trustees shall have the right to review the conduct, acts and decisions of the Village Tree Board. Any person may appeal any ruling or order of the Village Tree Board to the Board of Trustees, who may hear the matter and make a final decision.
(Prior Code, § 1-620)