Loading...
(A) Damage to public trees. No person shall, without the consent of the property owner in the case of a private tree or shrub, or without a permit from the Village Forester in the case of a boulevard tree, public tree or shrub, perform or cause to be performed by others any of the following acts. No person without a permit shall harm any public tree or shrub in any of the manners listed under division (B) below.
(B) Fine. If a person is found to have damaged a public tree as in divisions (B)(1) through(B)(6) below, he or she will be fined as set forth in § 91.99. The money collected for this damage will be deposited in the village’s Tree Board budget to be used for forestry related activities.
(1) Remove, destroy or injure a tree on a public area other than in accordance with this chapter;
(2) Break, injure, mutilate, deface, kill or destroy any tree or shrub, or permit any fire to burn where it will injure any tree or shrub;
(3) Permit any toxic chemical, gas, smoke, oil or other injurious substance to seep, drain or be emptied upon or around any tree or shrub, or place concrete or other solid substance around the base of any tree or shrub;
(4) Remove any guard, stake, plaque or other device or material intended for identification of or the protection of a public tree or shrub, or close or obstruct any open space about the base of a public tree or shrub designed to permit access of water and fertilizer;
(5) Attach any sign, poster, notice or other device to any tree, or fasten any guide wire, cable, rope, nails, screws or other device to any tree, except that the village may tie temporary “no parking” signs to trees when necessary; and
(6) Topping of any tree, whether it is a street tree, park tree or any other public tree.
(Prior Code, § 14.01(8)(13)) (Ord. passed 3-11-2009) Penalty, see § 91.99
This zone consists of protecting tree roots two feet from the base of the tree for every inch in diameter, measured four and one-half feet off the ground.
(A) Protection. All trees in any public area or boulevard near any excavation or construction shall be sufficiently guarded and protected by installation of appropriate durable (i.e., snow fence) fencing. Such fencing shall be erected by and be the responsibility of the appropriate permittee throughout the entire duration of the construction activities. No activity, including placement and storage of any material and equipment, shall be permitted within the designated tree root protection zone.
(B) Activity in zone. If during construction in public areas, activity occurs in the fenced tree root protection zone or the fence is not maintained, a penalty as set forth in § 91.99 shall be assessed. In addition, if the tree root protection zone is not maintained, the contractor is responsible for any cost associated with any damage done to any tree(s) in the tree root protection zone.
(C) Auguring and trenching. No trenching in any boulevard or public area shall take place within the tree root protective zone. In place of trenching, auguring may be approved.
(D) Approval. The Village Forester must approve all activities under this section before work begins; this will be confirmed through the permit system.
(Prior Code, § 14.01(8)(14)) (Ord. passed 3-11-2009) Penalty, see § 91.99
Any person who receives a determination or order under this chapter, and objects to all or any part thereof, shall have the right to appeal such determination or order, subject to the provision of state statutes, to the Village Board within ten calendar days upon receiving notice, shall be presented to the Village Clerk’s office, and the Village Board shall hear such appeal within 20 days of receipt of written notice of the appeal. After such hearing, the Village Board may reverse, affirm or modify the order or determination appealed and the grounds for its decision shall be stated in writing. The Village Board shall, by letter, notify the party appealing the order or determination of its decision within ten days after the hearing has been concluded. The Village Board shall file its written decision with the Clerk.
(Prior Code, § 14.01(8)(16)) (Ord. passed 3-11-2009)
There is hereby created and established a Village Tree Board for the village which shall consist of seven members, who shall be appointed by the President with the approval of the Village Board.
(A) Term of office. The term of the seven members shall be indefinite. In the event that a vacancy shall occur or three consecutive unexcused absences, the Village Tree Board Chair shall recommend another member with approval of the Village Board.
(B) Compensation. Members of the Village Tree Board shall serve without compensation.
(C) Operation. The Tree Board shall choose its own officers, make its own rules, regulations and keep minutes of its proceedings. A majority of the members shall be a quorum for the transaction of business.
(D) Duties and responsibilities. The Village Tree Board shall have the following responsibilities and duties to be attended to in a timely fashion.
(1) The Tree Board is to review and propose revisions to this chapter.
(2) The Tree Board shall review and update the Village Urban Forestry Management Plan and tree inventory and recommend a Village Forester.
(3) The Tree Board shall recommend to the Department of Public Works/Village Forester the type of trees to be planted upon village property.
(4) The Tree Board will provide information to village residents regarding the selection, planting and maintenance of trees on village and private property.
(5) The Tree Board shall provide ongoing community education in order to promote public understanding of the village’s urban forest and public adherence to the standards and procedures established under this chapter.
(6) The Village Tree Board will plan and coordinate the Arbor Day activities.
(Prior Code, § 14.01(8)(17)) (Ord. passed 3-11-2009)
(A) The Village Forester is hereby charged with the responsibility for the enforcement of this chapter and may serve notice to any person, partnership, firm or corporation or other legal entity that violates any provision of this chapter by the institution of legal proceedings as may be required. Violations of this chapter shall be turned over to the Police Department for investigation and for further action under the terms of Chapter 94. A minimum penalty of $200 per diameter inch, measured four and one-half feet off the ground, shall be assessed all damaged or destroyed trees. In addition to the minimum penalty, or any other penalty imposed for violation of this chapter, any person who shall cause physical damage to or destroy any public tree shall be liable for the cost of repairing and/or replacing such damaged or destroyed public tree. The parent or parents of an unemancipated minor child are responsible for all penalties levied against such child.
(Prior Code, § 14.01(8)(15))
(B) If a person is found to have damaged a public tree as set forth in § 91.13, he or she will be charged $200 per diameter inch measured at four and one-half inches above ground for every tree damaged.
(Prior Code, § 14.01(8)(13))
(C) For violations of § 91.15(B), a minimum penalty of $500 per day shall be assessed. In addition, if the tree root protection zone is not maintained, the contractor is responsible for any cost associated with any damage done to any tree(s) in the tree root protection zone.
(Prior Code, § 14.01(8)(14))
(Ord. passed 3-11-2009)
Application No: __________
PERMIT FOR PLANTING, MAINTENANCE AND REMOVAL OF TREES
AND SHRUBS IN PUBLIC AREAS
Village Code of Ordinances § 91.08
Applicant’s Name: ___________________________________________________________________
Company: __________________________________________________________________________
Street Address: ________________________________________________________________________
City / State: _________________________________________________________________________
Phone / Cell Phone: __________________________________________________________________
Description of work: (include variety, size, and specific location)
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
Proof of Insurance Copy Obtained: ____ yes ____ no
The permit shall expire 6 months after date of issuance.
Signed:_________________________________ Signed: _________________________________
Applicant Village Forester
Date: _________________________ Date: ___________________________________
(For Village Use Only)
granted __________ date granted _____________
denied __________ (see attached letter)
Application No: __________
PERMIT FOR TREE ROOT PROTECTION ZONE
DURING EXCAVATION OR CONSTRUCTION IN PUBLIC AREAS
Village Code of Ordinances § 91.08
Applicant’s Name: ___________________________________________________________________
Company: __________________________________________________________________________
Street Address: ______________________________________________________________________
City / State: _________________________________________________________________________
Phone / Cell Phone: __________________________________________________________________
Description of work: (include variety, size and specific location)
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
Proof of Insurance Copy Obtained: _____ yes _____ no
The permit shall expire 6 months after date of issuance.
Signed: ____________________________ Signed: ____________________________________
Applicant Village Forester
Date:_______________________________ Date:______________________________________
***********(For Village Use Only)**********
granted _________________ date granted _________________
denied ____________ (see attached letter)
(Prior Code, § 14.01(8)) (Ord. passed 3-11-2009)