(a) Unless otherwise specifically authorized in this article, it shall be unlawful for any owner without a tree removal permit from the village to damage or remove any public tree or any protected tree.
(b) Any owner that damages or removes, or authorizes anyone to damage or remove, any protected tree located on such owner's land, or any protected tree located on adjacent property and within ten feet (10') of a lot line shared with the owner's land or that has a critical root zone extending onto the owner's land, shall also be responsible for the damage or removal of such protected tree, notwithstanding that the damage or removal was performed or caused by another person acting under the authority of such owner.
(c) An owner that seeks to remove a public tree, a heritage tree, or a protected tree on a site must complete a tree removal permit application and shall be required to submit the application fee established in the village fee ordinance and, if applicable, the mitigation fee required by this article; provided, however, that no tree removal application fee, permit fee or mitigation fee shall be required if an application is approved for removal of a protected tree for the following reasons:
(1) The protected tree must be removed because it is dead, dying or diseased.
(2) The protected tree is weakened by disease, age, fire, storm or other natural causes such that it is likely to die or become diseased.
(3) The protected tree constitutes a hazard to pedestrian or vehicular traffic.
(4) The protected tree constitutes a hazard to a building.
(5) Removal of the protected tree is consistent with good forestry practices.
(6) The protected tree is causing or is likely to cause a public nuisance as a result of root invasion into public utility lines or private utility services on the owner's property.
(d) Upon receipt of the owner's application, the village forester shall visit and inspect the owner's property and contiguous and adjoining lots in order to evaluate the application. Subject to compliance with other applicable provisions of this code, the village forester shall approve the application and issue a tree removal permit subject to such conditions as may be required for the preservation of protected trees and/or for mitigation of necessary removal of protected trees.
(e) Prior to the removal of any protected tree authorized for removal, the tree shall be clearly marked by the village forester. (Ord. 0-05-9, 3-21-2005; amd. Ord. 0-21-10, 3-15-2021)