(A) Scope Of Requirement: No person, without first obtaining from the village a permit for which no fee shall be charged, and nothing in this section shall be construed to exempt any person from the requirements of obtaining any additional permits as are required by law:
(1) Plant on village owned property or remove or otherwise disturb any tree, shrub or other plant located on village owned property, except that this provision shall not be construed to prohibit owners of private property adjacent to village owned property from watering or fertilizing, without a permit, any tree, shrub or other plant located on such private property;
(2) Place on village owned property, either above or below ground level, a container for trees, shrubs or other plants;
(3) Attach any rope, wire, sign or poster to any tree, shrub or other plant located on village owned property.
(B) Issuance: Within 7 days of receipt of the application, the village shall issue a permit to perform within 30 days of the day of issuance any of the acts specified in division (A) of this section, for which a permit is requested whenever:
(1) Such acts would result in the abatement of a public nuisance; or
(2) Such acts are not inconsistent with the development and implementation of the urban forestry plan or with any regulations or standards of the "Arboricultural Specifications Manual"; and whenever
(3) An application has been submitted to the village detailing the location, number, size and species of trees, shrubs or other plants that will be affected by such acts, setting forth the purpose of such acts and the methods to be used and presenting any additional information that the village may find reasonably necessary.
(4) The applicant agrees to perform the work for which the permit is sought in accordance with the provisions of this chapter, the urban forestry plan and with the regulations and standards set forth in the "Arboricultural Specifications Manual"; and
(5) The applicant certifies that he or she has read and understands those provisions of the urban forestry plan, this chapter and of the "Arboricultural Specifications Manual" which are pertinent to the work for which the permit is sought; and
(6) If the work for which a permit is issued entails the felling of any tree or part thereof, located on private property, which as a result of such felling reasonably may be expected to fall on village owned property and if such felling is done by one other than the owner of the property on which such felling is done, then the applicant shall agree to indemnify and to hold the village of Lindenhurst harmless for all damages resulting from work conducted pursuant to the permit and shall deposit with the village clerk a liability insurance policy in the amount of $100,000 per person/$300,000 per accident for bodily injury liability and $50,000 aggregate for property damage liability, which policy shall name the village of Lindenhurst as an additional insured.
(C) Public Utility Companies: Nothing in this section shall be construed to exempt public utility companies or their agents, while operating on public property, from any of the requirements of this chapter.
(D) Emergencies And Disastrous Storms: Under special circumstances related to extreme wind, ice or snow, the village administrator is empowered to regulate these standards as the emergency may require.
(Ord. 12-2-1878, passed 2-13-2012)