(a) Wherever it is necessary to remove a tree or trees from a lawn strip in connection with the construction or replacement of a sidewalk, or the paving or widening of the portion of a street or highway used for vehicular traffic, the Municipality shall replant such trees or replace them in its discretion and in accordance with the other provisions of this chapter.
(b) No person or property owner shall remove a tree from the lawn strip for the purpose of construction, or for any other reason, without first filing an application and procuring a permit from the Village Administrator or his/her designee and without replacing the removed tree or trees in accordance with all other provisions of this chapter. Such replacement shall meet the standards of size, species, and placement as provided for in a permit issued by the Village Administrator and his/her designee. Whether a permit is issued shall take into consideration whether the tree has been deemed a public nuisance by the Village Administrator or his/her designee or recommended for removal by the Village Administrator or the Stated Tree Commission. The person wishing to remove a tree not deemed a public nuisance by the Village Administrator or his/her designee shall bear the entire cost of the removal and required replacement of all trees in question subject to the Village's Tree Removal/Replacement Guidelines as described in Sections 913.05, 913.06, and 913.07.
(c) Appeal: here a person or property owner's request for a permit is denied, the person or property owner may appeal the denial to the Shade Tree Commission. The Shade Tree Commission will hear the appeal and issue a decision. If the person or property owner disagrees with the decision of the Commission, he or she may appeal the decision to Council regarding whether the request for a permit was properly denied in accordance with the provisions of this chapter. The Village Council will then vote to either accept or reject the recommendation of the Shade Tree Commission.
(d) Tree Size and Location:
(1) Replacement trees eligible for replanting must have at least 1 1/2-inch dBH (i.e. 1 1/2-inch diameter four and one-half feet above ground level) and be professionally planted by a reputable nurseryman with such planting guaranteed fora minimum of twelve (12) months.
(2) Should not be planted closer than:
Large Trees - 45 ft. to other trees
Medium Trees -30 ft. to other trees
Small Trees - 15ft. to other trees
(3) Shall not be planted in any area where the tree at its full height may interfere with any aerial electric or telephone lines.
(4) The distance trees may be planted from curbs or curb lines and sidewalks will be in accordance with the tree species size classes and no trees may be planted closer to any curb or sidewalk than the following: Small trees 1.5 feet; Medium trees. 2.5 feet; and Large Trees - 3.5 feet except for special plantings approved by the Commission and/or Council.
(5) Distance from street corners and fire hydrants: Except in special plantings designed or approved by the Shade Tree Commission, no Street Tree shall be planted closer than twenty-five (25) feet of any street corner, measured from the point of nearest intersecting curbs or curb lines. No Street Tree shall be planted closer than twenty-five (25) feet to any public street intersection as to cause an obstruction to vision of any street sign or approaching traffic. All new trees should be planted a minimum of ten (10) feet from all signs, utility poles, driveways, and fire hydrants.
(6) Public right-of-way: No Street Tree shall be planted within any public right- of-way without an appropriately approved "Tree Planting Permit" issued by the Shade Tree Commission within the past thirty (30) days.
(7) Utilities: Unless approval is granted by the Commission, no Street Trees other than those species referred to as Small Trees on the official Street Tree list for the Village shall be planted under or within five (5) lateral feet of any overhead utility wire, or within five (5) lateral feet of any overhead utility wire, or over or within five (5) lateral feet of any utility line.
(Ord. 2006-19. Passed 8-7-06.)