(a) No person shall plant, remove, cut above the ground, or disturb any tree within the right of way of any street, within a park or in another public place without first filing an application and procuring a permit from the Village Administrator. The Administrator shall present the matter to Village Council for decision. Village Council may refer the issue to the Village Tree Board for advice before making the decision. The person receiving the permit shall abide by the standards set forth in this Chapter.
(b) Street Tree Species to be Planted. The following list constitutes the official street tree species for the Village:
SMALL TREES | MEDIUM TREES | LARGE TREES |
Apricot | Hackberry | Kentucky Coffeetree |
Flowering Crabapple (sp.) | Honey Locust (thornless) | Silver Maple |
Golden Raintree | Linden or Basswood (sp.) | Sugar Maple |
Hawthorne (sp.) | Red Mulberry (fruitless, male) | Bur Oak |
Pear | English Oak | Sycamore |
Bradford Redbud | Red Oak | London Sycamore |
Soapberry | Japanese Pagodatree | Cottonwood (cottonless, male) |
Lilac | Pecan | |
Japanese tree | River Birch | |
Flowering Peach | Osageorange (male, thornless) | |
Purpleleaf Plum | Persimmon | |
Serviceberry | White Poplar | |
Sassafras | ||
(c) Spacing. The spacing of street trees will be in accordance with the three species size classes listed in 1199.08(b), and no trees may be planted closer together than the following: small trees, 30 feet; medium trees, 40 feet; and large trees, 50 feet; except in special plantings designed or approved by a landscape architect and approved by the Board.
(d) Distance From Curb and Sidewalk. The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the three species size classes listed in 1199.07(b), and no trees may be planted closer to any current curb or sidewalk than the following: small trees, 2 feet; medium trees, 3 feet; and large trees, 4 feet.
(e) Distance from Street Corners and Fire Hydrant. No street tree shall be planted closer than 35 feet of any street corner, measured from the point of the nearest intersecting curb or curblines. No street tree shall be planted closer than 10 feet of any fire hydrant.
(f) Utilities. No street trees other than those species listed as small trees in 1199.07(b) may be planted under or within 10 lateral feet of any overhead utility wire, or over or within 5 lateral feet of any underground water line, sewer line, transmission line or other utility. See also the requirements of Section 1199.10.
(g) Public Tree Care. The Village shall have the right to plant, prune, maintain and remove trees, plants and shrubs within public grounds and the rights-of-way of all streets, alleys, avenues, lanes and squares as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such grounds.
(h) The Village may remove or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or is affected with any injurious fungus, insect or other pests.
(i) 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 3 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 trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this ordinance at the determination of the Village Tree Board.
(j) Every owner of any tree overhanging any street or right-of-way within the Village shall prune the branches so that such branches shall not obstruct the light from any street light or obstruct the view of any street intersection and so that there shall be a clear space of 8 feet above the surface of the street or sidewalk. Said owner shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The Village shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light or interferes with visibility of any traffic control device or sign.
(k) The Village shall have the right to cause the removal of any dead or diseased trees on private property within the Village, when such trees constitute a hazard to life and property, or harbor insects or disease which constitute a potential threat to other trees within the Village pursuant to Sections 1199.15-17.
(l) 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. The owner of the property shall bear the cost of stump removal.
(Ord. 2014-105. Passed 12-22-14.)