Within the public right-of-way and on public properties, no person or entity other than the municipality shall plant a tree, shrub, evergreen, woody shrub or other obstruction on public property without the written consent of the Village of Commercial Point. The enforcement and penalty provisions of Chapter 1135 shall apply to this section.
(a) Tree Topping. No person shall, as a normal practice, top any tree within the public right-of-way. 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 so as to remove the normal canopy or disfigure the tree. With an immature tree, removing more than 25% of the canopy will be considered topping.
(b) Height of Limbs Over Sidewalks and Streets. Tree limbs extending over a sidewalk shall be trimmed to such an extent that no portion of the same shall be less than ten feet above the sidewalks. Tree limbs extending over streets shall be trimmed to such an extent that no portion of the same shall interfere with the normal flow of traffic.
(c) Municipal Rights. The municipality shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the rights-of-way of all streets, alleys, avenues, lanes and other public grounds as may be necessary to ensure public safety or to preserve or enhance the environmental quality and beauty of such public grounds. The Zoning Administrator may cause or order to be removed any tree or part thereof which is in an unsafe condition or which by reason of its nature poses a threat to the interruption of service to sewers, electric power lines, gas lines, water lines or other public improvements.
(d) Reducing Tree Lawn. No person shall by any type of construction reduce the size of a tree lawn without first securing permission from the Zoning Administrator.
(e) Utility Companies. Utility companies shall provide written evidence to the Zoning Administrator, of adherence to established guidelines (as recommended by the National Arborists Association) for line clearance work. These guidelines shall cover the following areas:
(l) Tree trimming/pruning;
(2) Tree removal;
(3) Brushing;
(4) Right-of-way clearance for new transmission conductors on private rights-of-way; and
(5) Chemical brush control and appropriate precautions.
(f) Removal, Replanting and Replacement in Public Places. Wherever it is necessary to remove a tree(s) or shrub(s) from any municipally owned property, in connection with the paving of a sidewalk, or the paving or widening of a portion of a street, alley, or highway used for vehicular traffic, or any other reason, the Zoning Administrator must be contacted. At that time, the Zoning Administrator will determine if replacement of the trees and/or shrubs is feasible.
(g) Public Tree Care.
(1) The Zoning Administrator shall notify the Village Council those locations at which he or she deems the removal of street trees is necessary. The Zoning Administrator will notify the adjacent property owner(s) of the municipality's intentions to remove the tree(s).
(2) The municipality shall have the right to enter private property to gain access to trees adjacent to public areas for the purpose of proper pruning, after reasonable prior notice has been given to the property owner. To ensure that street trees thrive, homeowners are encouraged to confer with the Zoning Administrator, and water and mulch the trees as needed.
(3) No person or contractor, unless working on behalf of the municipality, shall attach any rope, wire, nails, advertising poster, decoration, decorative lighting, or other contrivance to any tree on municipally owned property. No person shall permit any fire to burn where such fire or heat therefrom, or heat from any source will injure any portion of any tree on municipally owned property. No person or contractor, unless working on behalf of the municipality, shall use herbicides or other chemicals on any trees, shrubs or evergreens located on municipally owned property.
(4) No person shall hinder, prevent, or interfere with the agents or employees of the municipality while the agents or employees are engaged in planting, maintaining, or removing any tree, shrub, evergreen, or other plant material on municipally owned property.
(5) No person shall excavate any ditch, tunnel, trench, or lay any drive within ten feet from the dripline of any tree, shrub, evergreen, or other plant material standing on any municipally owned property.
(6) It shall be unlawful for any person or contractor, unless working on behalf of the municipality, to break, deface, injure, mutilate, kill, or destroy any tree, shrub, or evergreen on any municipally owned property.
(h) Removal of Stumps. All stumps of street trees shall be removed 12 inches below the surface of the ground. Stumps shall be removed or shall be ground at the site. All residual material shall be removed from the site at the time the tree is removed and the site shall be restored as approved by the Zoning Administrator.
(i) Arborist License and Bond. It shall be unlawful for any person or contractor working on behalf of the municipality, to act as an arborist in the business or occupation of planting, pruning, treating, or removing street trees within the municipality without providing documentation as a certified arborist or as the authorized representative of a certified arborist. Each applicant shall file evidence of possession of liability insurance in the minimum amount of $1,000,000 indemnifying the municipality or any person injured or damaged resulting from the pursuit of such endeavors as herein described.
(j) Appeal Procedures. Any person aggrieved by a decision of the Zoning Administrator may appeal the decision to Council as prescribed in § 1135.04(c).
(Ord. 2021-20, passed 7-19-2021)