(A) The provision of this subchapter shall not apply to the removal of a tree or any part thereof when such removal is necessary for the construction of public sidewalks, streets, alleys, sewers, or other public improvement authorized by any public governmental agency.
(B) Except for emergency work on a public improvement, whenever any person desires to remove a tree in whole, or in part, because of the placing of a public improvement, such person shall provide the Department of Public Works with notice of its intent to remove such a tree, or part thereof, prior to such removal.
(C) The Village Forester shall determine the appropriate species of a tree to be planted, tree size, distance from curb and sidewalk, distance from street corners and fire hydrant, considering parkway width, location of underground utilities, height of overhead utilities, spacing of existing trees, and traffic visibility requirements. Guidelines are available at the Village Hall.
(D) Planting of private trees in the public right-of-way is encouraged, but no person shall plant a tree in the public right-of-way, except by and in accordance with the written permission of the Village Forester. Such written permission shall, upon consideration of the factors set forth in division (C) above, specify the location and appropriate species to be planted in the right-of-way.
(1984 Code, § 1-04-03-005) (Ord. 282, passed 11-18-1997) Penalty, see § 96.99