(a) In order to implement a street tree plan for the Village that will preserve the environment, reduce maintenance costs, and protect the safety of the community, it is necessary to establish some guidelines and regulations regarding the planting, trimming, pruning, maintenance and removal of trees within the public right-of-way and on other property owned by the Village. This plan provides regulations on the species, size, location, spacing and removal of trees in order to reduce damage to the public infrastructure and conflicts with utilities. Before applying for a permit to plant a tree in the public right-of-way, the applicant should check protective covenants to see if street trees are allowed in their subdivision.
(b) Before planting, replanting or removing a tree or trees from the tree lawn or any public right(s) of way or on any property owned by the Village, a permit shall first be obtained from the Village. The permit issued by the Village shall be in writing and shall include the following:
(1) The name, address and phone number of the applicant and the date of the application.
(2) The purpose for the permit, (i.e. planting, replanting, removal) and the specific address or location for which work is proposed.
(3) The species, variety, size and/or nursery grade of the street trees proposed to be planted, or the species, size and condition of any trees proposed to be removed and the reason for which removal is requested.
(4) The permit shall indicate the person approving the permit, the date of approval and any expiration date for the permit as well as a statement that violation of the permit shall result in its immediate revocation.
(c) The Tree Commission has delegated the authority to receive, review and approve or table any permits to the Administrative Director or his designated representative. If the application for a permit is tabled by the Administrative Director, the applicant may appeal the decision to the Tree Commission which shall review and approve or disapprove any tabled permit at its next regular or "special" meeting.
(d) The Tree Commission shall have the authority to deny a permit to any person who proposes to plant, replant or remove any "Street Tree(s)" in or on the "Tree Lawn", or within the public right(s) of way, in or on property owned by the Village of Lexington, when the issuance of such permit does not benefit the public health, safety or welfare of an area. The Tree Commission may recommend to the applicant of the permit a more suitable species, size, spacing, location, etc., for any trees proposed to be planted and may suggest root control, or other maintenance as an alternative to removal of trees which are healthy and a valuable asset to the environment.
(Ord. 00-13. Passed 3-6-00.)