(A) Scope of requirement. No person(s) except the Commission, the Public Works Department or designee may perform any of the following acts without first obtaining from the village a permit, for which no fee shall be charged. All acts must follow International Society of Arboriculture’s best management practices.
(1) Plant on village-owned property, or treat, prune, remove or otherwise disturb any tree or shrub located on village-owned property, except that this provision shall not be construed to prohibit owners of property adjacent to or attached to village-owned property from watering or fertilizing without a permit any tree, shrub or other plant located on village-owned property;
(2) Trim, prune or remove any tree or portions thereof if the tree or portions thereof reasonably may be expected to fall on village-owned property and thereby to cause damage to persons or property;
(3) Place on village-owned property, either above or below ground level, a container for trees or shrubs;
(4) Damage, cut, tap, carve or transplant any tree or shrub located on village-owned property; or
(5) Attach any rope, wire, nail, sign, poster or any other human-made object to any tree or shrub located on village-owned property.
(B) Issuance. Within seven 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) above, for which a permit is requested whenever:
(1) The acts would result in the abatement of a public nuisance;
(2) The acts are not inconsistent with the development and implementation of the general plan for optimizing the tree and shrub resources of the village;
(3) An application has been signed by the applicant and submitted to the Village Office detailing the location, number, size and species of trees or shrubs that will be affected by the acts, setting forth the purpose of the acts and the methods to be used, and presenting any additional information that the Commission may find reasonably necessary to a determination of whether the acts are consistent with this chapter;
(4) The applicant agrees to perform the work for which the permit is sought in accordance with the provisions of this chapter and with the regulations and standards set forth by the Commission;
(5) The applicant certifies that he or she has read and understands those provisions of this chapter which are pertinent to the work for which the permit is sought;
(6) The applicant has made himself or herself familiar with Table I set forth in Appendix A to this chapter, which contains a list of tree species or the varieties acceptable and approved for planting on village property, with approval of the Tree Commission;
(7) The applicant has made certain that the tree(s) or plants for which he or she has secured an application are not of the unacceptable tree species or their varieties contained in Table II, set forth in Appendix A to this chapter, which shall not be planted on village property; and
(8) 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 the felling reasonably may be expected to fall upon village-owned property, and if the felling is done by one other than the owner of the property on which the felling is done, then the applicant shall agree to indemnify and to hold the village 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 as an additional insured.
(C) Maintenance. Watering, fertilization, insect control and pruning are the responsibility of the Public Works Department or designee. Maintenance is described as follows:
(1) Watering. Ample soil moisture shall be maintained following planting. A thorough watering once in five to ten days, depending on soil type and drainage provisions, is usually adequate during the growing season. A soil auger can be used to check the adequacy of moisture in the soil ball and/or backfill;
(2) Pruning. Pruning shall follow ISA or equivalent pruning standards. Pruning newly planted trees shall consist of removing dead, broken or injured branches; the suppression of rank, uneven growth that affects form. Water sprouts shall be removed when they reach the diameter of a pencil. Pruning shall be practiced as often thereafter as needed to assure sturdy crotch development. Occasionally a tree will develop double leaders known as co-dominant stems. These can lead to structural weaknesses, so it is best to remove one. Any tree or shrub which overhangs any sidewalk, street or other public place in the village in such a way as to impede or interfere with traffic or travel on the public place shall be trimmed by the owner of the premises on which the trees or shrubs grow so that the obstruction shall cease. Tree crowns should be elevated as growth characteristics and location dictate. Newly planted trees need not have lower branches removed until they are well established;
(3) Excavations. In making excavations in street or other public places, proper care shall be taken to avoid injury to the roots of any tree or shrub, wherever possible.
(4) Tree topping. It shall be unlawful as a normal practice for any person, firm or village department to top any street tree, park tree or other tree on public property. TOPPING is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain other causes or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this section at the determination of the Tree Commission.
(5) Removal of stumps. All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.
(D) Public utility companies. Nothing in this section shall be construed to exempt public utility companies or their agents from any of the requirements of this chapter.
(E) Visibility. Please refer to current zoning regulations for details.
(Ord. 13-07-02, passed 7-23-2013)