Within the public right-of-way and on public properties, no person or entity other than the Village shall plant or place trees, shrubs, evergreens, or other obstruction or vegetation, unless a Street Tree Permit is obtained.
(a) Requirements for Trees Located on Village Owned Public Property. In addition to the requirements identified in this chapter, in every development requiring a site or development plan, there shall be planted a species of tree appropriate to the specific location on the site being developed, with a caliper measured six (6) inches above the ground of not less than two (2) inches, for every thirty (30) feet of public street frontage. The following additional requirements shall apply:
(1) The tree to be planted shall be of a recommended tree species, as those listed in Appendix C, Recommended Street Trees for the Village of Hebron.
(2) The minimum distance between the tree and the edge of the street shall be two and one half (2½) feet.
(3) The location of the tree shall be at least twenty (20) feet from any street intersection and ten (10) feet from fire hydrants or utility poles.
(4) Developers shall be required to maintain the trees planted by them for one (1) year after the trees are planted and to replace any tree which fails to survive or does not exhibit normal growth characteristics of health and vigor within such one (1) year period. A one (1) year guarantee period shall begin at each planting and shall recommence as trees are replaced. Upon completion of the planting of street trees, the landscape contractor shall contact the Community Development Coordinator who will schedule a preliminary site inspection. The one year guarantee period shall begin on the date of the approval by the Community Development Coordinator. A final inspection shall be made at the end of the guarantee period. All trees not exhibiting a healthy, vigorous growing condition, as determined by the inspection of the Community Development Coordinator, shall be promptly replaced at the expense of the developer.
(b) Tree Topping. No person shall top any tree within the public right-of-way.
(c) Height of Limbs over Sidewalks and Streets. Tree limbs, whether situated on private or public property, extending over a public sidewalk shall be trimmed to such an extent that no portion of the same shall be less than seven (7) 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.
(d) Village Rights. The Village shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all public streets, alleys, avenues, lanes and other public grounds as may be necessary to promote public safety or to preserve or enhance the environmental quality and beauty of such public grounds.
(e) Reducing Tree Lawn. No person shall by any type of construction reduce the size of the tree lawn without first securing permission from the Planning and Zoning Board.
(f) Permit Requirements.
(1) No person, contractor or Village Department shall plant, remove, prune, or treat with growth inhibiting measures, any tree or shrub upon any public way, street, alley, park, or other property owned by the Village without first obtaining a Street Tree Permit, except in the case of an emergency as determined in the discretion of the Community Development Coordinator in collaboration with the Mayor. A Street Tree Permit shall specify the number, size, type, species, and the location of all trees or shrubs to be planted, pruned, or removed. The Community Development Coordinator has exclusive authority to deny a Street Tree Permit based on the requirements of this Planning and Zoning Code.
(2) Applications for Street Tree Permits shall be made on forms prescribed by the Community Development Coordinator.
(3) Street Tree Permits shall be valid for a maximum period of sixty (60) days, unless otherwise specified. All work approved by the permit shall be completed in the time specified by the permit and in the manner described. Permits shall be considered void if any terms are violated.
(g) Public Tree Care.
(1) Unless issued a written permit by the Community Development Coordinator, no person shall attach any rope, wire, nails, advertising poster, or other contrivance to any tree on Village owned property. Without a permit, no person shall use herbicides or other chemicals on any trees, shrubs or evergreens on Village owned property.
(2) No person shall hinder, prevent, or interfere with the agents or employees of the Village while the agents or employees are engaged in planting, maintaining, or removing any tree, shrub, evergreen, or other plant material on Village owned property.
(3) No person shall excavate any ditch, tunnel, trench, or lay any drive within a radius of ten (10) feet from any tree, shrub, evergreen, or other plant material standing on any Village owned property without first obtaining a permit from the Community Development Coordinator.
(4) It shall be unlawful for any person to break, deface, injure, mutilate, kill, or destroy any tree, shrub, or evergreen on any Village owned property.
(h) Removal of Stumps. All stumps of street trees shall be removed twelve (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 in the Street Tree Permit.
(Ord. 19-20. Passed 11-4-20.)