(A) It is the objective and the responsibility of the Village Forester to promote and protect the health, safety and general welfare of the public by providing for the regulation of the planting, maintenance and removal of trees, shrubs and other plants within the village. As specified by ordinance, the only person who may authorize the planting or removal of a village tree is the Village Forester or his or her designated agent. Accordingly, a village tree may be considered for removal if it is deemed by the Village Forester to constitute a public nuisance (hazard) as defined in the following ways:
(1) Any dead or dying tree.
(2) Any otherwise healthy tree which harbors insects or diseases which could reasonably be expected to seriously injure or harm any other tree.
(3) Any tree which, by reason of location or condition, constitutes an eminent danger to the health, safety or welfare of the general public. In the category of dangerous or hazardous trees are those with observable, critical structural defects that could cause the tree to fail during periods of stress (i.e. wind or ice storms). Included are extensive rot or cavity formations, weak forks or crotches, and/or other characteristics that would impose an immediate liability on the village.
(B) Not included in the definition of a tree as a public nuisance or immediate hazard, as defined, are the following:
(1) Species of trees currently classified as undesirable and thereby prohibited from being planted on village-owned property, as listed in Table II of these standards and specifications, with the following exceptions:
(a) Any individual tree listed in Table II that is declared a public nuisance by the Village Forester that meets the specification for removal as previously identified.
(b) Any individual or species of tree listed in Table II that is designated by the Village Forester as being part of a scheduled village-wide replacement program designated to upgrade the village's tree population.
(2) Individual trees, regardless of species or kind, that pose either an imminent or potential hazard for which corrective action can be taken.
(3) Trees that constitute an inconvenience to the public by virtue of leaf, twig or fruit drop; that act as sources of allergies; that cause root blockage in sanitary or storm tiles; that are subject to diseases or insect problems which cause only minor harm to trees.
(4) Trees that constitute an inconvenience to the public by virtue of their location, except those public trees that pose serious obstruction problems in terms of egress or access to private property or new construction projects or the alteration of established private facilities. The removal of a public tree for purposes of accommodating private facilities will not be sanctioned unless the following conditions have been satisfied:
(a) There are no other reasonable design alternatives.
(b) The value of the tree(s) in question has been determined by the Village Forester in accordance with the latest revision of "A Guide to the Professional Evaluation of Landscape Trees, Specimen Shrubs and Evergreens" as published by the International Society of Arboriculture.
(c) The village must be compensated for the loss of the tree(s) by the property owner before removal is undertaken by the village.
(Ord. 07-57, passed 12-17-2007)