(a) No person shall hereafter plant or remove any tree or shrub upon any public way, street, alley, park, tree lawn, or other property owned by the Village, unless he shall have first obtained a permit in writing from the Tree Commission or its Designee. A permit shall specify number of trees or shrubs, size, type, species, and location to be planted or removed. (Ord. 2006- 31. Passed 3-21-06.)
(b) A permit is not required for tree trimming as long as the limbs to be trimmed are less than four inches in diameter.
(c) Removing or trimming a tree within a tree lawn or right-of-way shall be done at the expense of the owner.
(d) Any permit granted shall be in effect for 120 days and the work shall be completed in the time allowed on the permit and in the manner as therein described. Any permit shall be void if its terms are violated.
(e) The Tree Commission shall have the authority to deny a permit to any person who proposes to plant any tree or shrub upon a public way, street, alley, parks or other property owned by the Village, of a size, type or species found to be undesirable for the location proposed, or to any person who proposes to plant any tree or shrub upon a public way, street, alley, park or other property owned by the Village if at a location found by the Commission to be of a size or type unsuitable for planting of trees or shrubs.
(Ord. 2005-066. Passed 6-14-05.)
(f) When reviewing applications, the Tree Commission or its Designee shall consider the following criteria:
(1) The condition of tree(s) identified in the application and that of the trees in the immediate proximity with respect to health, safety, structural integrity, potential hazard, location to existing and proposed structures, paving, and utilities.
(2) The absolute necessity of the removal, relocation, or alteration for the reasonable use of the property.
(3) The impact upon the area tree canopy of the proposed removal, relocation, or alteration.
(4) The applicant’s consent to abide by all specified protection and replacement measures.
(5) Whether the proposed tree is worthy of preservation.
(6) The effect of the removal or erosion, soil moisture retention, flow of surface waters, and coordination with the drainage system of the Village.
(Ord. 2006-31. Passed 3-21-06.)
(g) All stumps of shade and public 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 where necessary to provide for public safety. All stumps must be removed within one (1) year after the removal of the tree. (Ord. 2005-066. Passed 6-14-05.)
(h) No person, firm or Village department shall, as a normal practice, top any shade tree, public tree or other tree on public property. 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 subsection at the determination of the Tree Commission or its Designee.
(Ord. 2006-31. Passed 3-21-06.)
(i) Whenever any tree or other planting shall be planted so as to be in conflict with the provisions of this chapter, the Village has the right to remove, or cause to be removed, such trees or other plantings. The cost of removal shall be assessed against the property owner and collected as other taxes are collected.
(j) Village crews, without permits, will be authorized to trim trees as necessary to eliminate the following:
(1) Any limb which overhangs a public sidewalk and is considered a hazard to pedestrians.
(2) Any limb which overhangs a public street and becomes a hazard to vehicular traffic.
(3) Any limb which obstructs the motorist’s view of a traffic control sign or device.
(Ord. 2005-066. Passed 6-14-05.)
(Ord. 2005-066. Passed 6-14-05.)