A. Permit Required:
1. Planting: It shall be unlawful to plant any tree or bush in any public street, parkway or other public place owned or controlled by the village without having first secured a permit therefor. All trees and shrubs so planted shall be placed subject to the direction and approval of the village administrator, or his or her designee.
2. Removal: It shall be unlawful to remove or cut down any tree or shrub in any street, parkway or other public place without complying with the provisions of title 10, chapter 11 of this code.
B. Height Requirement:
1. The owner or occupant of any lot or parcel of land in the village shall trim all branches of any tree or shrub now or hereafter growing on said premises which overhang any street, sidewalk, alley or public highway, so that there shall be a clear height of twelve feet (12') above the surface of the street, alley or highway unobstructed by branches, and a clear height of not less than eight feet (8') over any sidewalk; and such owner or occupant shall remove any tree or branch of a tree which is dead or decayed or has become likely to fall on or across any street, sidewalk or public way.
2. The village administrator, or his or her designee, may cause to be trimmed or removed any tree or shrub overhanging any street, sidewalk, alley or public way in violation of the provisions of this subsection.
C. Planting Program:
1. There is hereby established for the village a planting program subject to the terms and provisions of this chapter.
2. To the extent deemed necessary and practicable, the village will annually plant trees, shrubs, and bushes in such public places deemed appropriate and approved by the board of trustees or the village administrator, or his or her designee.
3. The village hereby encourages participation by property owners in such planting program in other areas not designated by the village for immediate plantings. Owners desirous of having plantings on public property or parkways adjacent to their property may apply annually, in such years that this program is in effect, for such participation. Applications therefor shall be made on forms provided by the village for the plantings available for that year, and shall show thereon the proposed plantings desired, the size, species, variety, quantity and site locations therefor. Only those trees, shrubs and bushes as approved by the board of trustees or the village administrator, or his or her designee, shall be permitted to be planted on streets, parkways or public places in the village.
4. Applications of participating property owners will require an agreement on their part to pay one-half (1/2) of the costs of planting. Each application shall be accompanied by a check in the amount therefor.
5. All plantings will be accomplished by the village or a contractor employed by the village.
6. The village administrator, or his or her designee, shall, prior to such planting for a property owner, advise the participating owner as to the placement approved for the planting, if different from that requested by the property owner. Forty eight (48) hours after such notice by the village administrator, or his or her designee, the planting placement shall be deemed approved by the property owner. In the event of disapproval by the property owner, the village may, at its sole expense, without participation by the property owner, install any such plantings at locations deemed appropriate by the village. (1988 Code § 5-3A-13; amd. 2009 Code)
7. Applications shall specify the assumption of risk of the property owner for any and all such plantings and the growth of plantings except to the extent there are nursery guarantees.
8. No plantings shall be permitted where the same interfere with sight and safety requirements or other ordinances of the village.
9. All plantings shall be maintained as required by ordinances of the village.
10. Whenever trees, shrubs or bushes are sought to be planted by a property owner at the owner's sole expense, the plantings shall be of only items approved by resolution of the board of trustees or the village administrator; provided, further, that all street trees shall be at least three inches (3") in diameter at the time of planting, measured at a point six inches (6") above ground level. Trees with an ultimate height of thirty feet (30') and a spread of less than twenty five feet (25') shall be planted no less than fifteen feet (15') from the ultimate spread of the nearest tree. Trees with an ultimate height of fifty feet (50') and a spread of over twenty five feet (25') but less than forty feet (40') shall be planted no less than twenty five feet (25') from the ultimate spread of the nearest tree. Trees with an ultimate height in excess of fifty feet (50') and a spread in excess of forty feet (40') shall be planted no less than thirty five feet (35') from the ultimate spread of the nearest tree. (1988 Code § 5-3A-13)
Notes
| 1 | 1. See also title 10, chapter 11 of this code. |