§ 1278.08  STREET TREE PLANTING REQUIREMENTS; VIOLATIONS.
   (a)   Definitions.  As used in this section:
      (1)   “Large tree.” Any tree species which normally attains a full-grown height in excess of 50 feet.
      (2)   “Medium tree.” Any tree species which normally attains a full-grown height of between 25 and 50 feet.
      (3)   “Person.” Any individual, corporation, partnership, company, contracting firm or other entity.
      (4)   “Small tree.” Any tree species which normally attains a full-grown height of under 25 feet.
   (b)   Requirements for All Zoning Districts.  The following are street tree planting requirements for all zoning districts.
      (1)   General Requirements.  All subdividers in all zoning districts shall plant trees along the public streets of their developments in such a manner, type, quantity and location as approved by the Planning and Zoning Commission and as defined by the following conditions. Any undeveloped street or existing street with undeveloped frontage shall conform to these requirements at the time of development.
         A.   The tree to be planted shall not be an undesirable tree species, as listed in Appendix C - Recommended Trees for the Village of Minerva Park, following the text of this Zoning Code.
         B.   The minimum spacing between the tree to be planted and other trees shall be 45 feet for large trees, 35 feet for medium trees and 25 feet for small trees.
         C.   The minimum distance between the tree to be planted and the edge of the street shall be two and one-half feet for a large tree, two feet for a medium tree and one and one-half feet for a small tree. In areas where a sidewalk exists or is proposed, the minimum distance between the tree and both the edge of the street and the sidewalk shall be two feet for large and medium trees and one and one-half feet for a small tree.
         D.   The tree shall be located at least 20 feet from street intersections and ten feet from fire hydrants or utility poles.
         E.   A small tree shall be used when planting under or within ten lateral feet of overhead utility wires. A small or medium tree shall be used when planting within ten or 20 lateral feet of overhead utility wires.
         F.   The developer shall be required to maintain the trees for one year after the trees are planted and to replace any tree which dies within the one-year guarantee period. Upon completion of a street tree planting, the landscape contractor shall contact the Planning and Zoning Commission for a preliminary inspection. The guarantee period shall begin after the approval of the Commission. A final inspection shall be made at the end of the guarantee period. All trees not exhibiting a healthy, vigorous growing condition, as determined by the inspection, shall be promptly replaced at the expense of the developer.
         G.   The trees should be of one and the same genus and species planted continuously down each street, as determined by the Planning and Zoning Commission.
         H.   The minimum trunk caliper, measured at six inches above the ground for all street trees, shall be one and one-half inches.
         I.   The maximum spacing between large trees shall be 50 feet, between medium trees, 40 feet, and between small trees, 30 feet.
      (2)   Topping.  No person shall, as a normal practice, top any tree within the public right-of- way. As used in this division (b)(2), “topping” means the severe cutting back of limbs to stubs larger than three inches in diameter within the tree’s crown to such a degree as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or trees under utility wires or other obstructions where other pruning practices are impractical, are hereby exempted from the provisions of this division (b)(2).
      (3)   Height of Limbs over Sidewalks and Streets
         A.   Tree limbs extending over a sidewalk shall be trimmed to such an extent that no portion of the same shall be less than seven feet above the sidewalk. Tree limbs extending over streets shall be trimmed to such an extent that no portion of the same shall interfere with the normal flow of traffic.
         B.   The village shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes and other public grounds, as may be necessary, to ensure the public safety or to preserve or enhance the symmetry and beauty of such public grounds.
      (4)   Size of Tree Lawn.  No person shall, by any type of construction, reduce the size of a tree lawn without first obtaining permission therefor from the Planning and Zoning Commission.
      (5)   Violations.  Whoever removes, damages or causes to be removed or damaged a public tree from a tree lawn or other public place shall be required to replace the tree at his or her own expense.  The replacement tree shall have a minimum diameter of two and one-half inches. The requirement provided for herein shall be in addition to the penalty provided in § 1232.99 .
(Ord. 5-89, passed 5-8-1989)