(A) It is unlawful for any person to erect, install or maintain, or to permit the encroachment of any of the following, without first obtaining a permit therefor from the Village Manager or the Village Board:
(1) Building, fence or any structure upon any public street, sidewalk, alley, public way or public property;
(2) Tree, shrub or bush upon any public street, sidewalk, alley, public way or public property;
(3) Any vegetation in excess of two and one-half feet in height upon any public street, sidewalk, alley, public way or public property;
(4) Poles, ropes or wires on or over any public street, sidewalk, alley, public property or public way;
(5) Pipes or conduits in or under any public street, sidewalk, alley, public way or public property; or
(6) Any pump or tank or similar structure on any public street, sidewalk, alley, public property or public way.
(B) For the purposes of this section, trees, shrubs, bushes and other vegetation may planted in public rights-of-way adjacent to public streets, where no sidewalk exists, if the following conditions are met:
(1) No trees, shrubs, bushes or other vegetation planted in the public right-of-way adjacent to public streets, where no sidewalk exists, shall be permitted to encroach onto the public street;
(2) No shrubs, bushes or other vegetation (other than lawn grass or turf less than six inches in height) shall be planted or allowed to grow closer than three feet from the edge of the street;
(3) No tree shall be planted or allowed to grow closer than five feet from the edge of the street;
(4) No trees, shrubs, bushes or other vegetation shall be permitted to grow so as to impede materially the vision of drivers or other users of the street between a height of two and one-half and ten feet above the centerline grades of the adjacent street or for a distance of 20 feet in each direction from the point of intersection of any street intersection; and
(5) In the event of a conflict among the requirements of this subsection (B), the requirements providing the greatest protection to public safety shall control.
(C) In the event the village requires access to the public right-of-way at locations where trees, shrubs, bushes or other vegetation have been planted, the village will not be responsible for the protection, preservation or replacement of the trees, shrubs, bushes or other vegetation.
(D) The village may request property owners to trim, relocate or remove trees, shrubs or other vegetation determined to materially impede vision. In the event the property owner does not trim, relocate or remove trees, shrubs or other property, the village may cause the trimming, relocation or removal to occur and may charge the property owner the cost incurred to the village for the trimming, relocation or removal.
(1959 Code, § 31-7) (Ord. 1009, passed 2-9-2009)