1028.05  PERMITS.
   (a)   Actions Requiring Permits. No person, except the Village Arborist, an agent of the Village Arborist or a contractor hired by the Village Arborist, may perform any of the following acts without first obtaining a permit from the Village Arborist, 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 treat, prune, remove or otherwise disturb any tree, shrub or other plant, except weeds as defined in Chapter 692 of the General Offenses Code, located on Village-owned property, except that this provision shall not be construed to prohibit owners of property adjacent to Village-owned property from watering or fertilizing, without a permit, any tree, shrub or other plant located on such Village-owned property;
      (2)   Trim, prune or remove any tree or portion thereof unless such tree or portion 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, shrubs or other plants;
      (4)   Damage, cut, tap, carve or transplant any tree, shrub or other plant located on Village-owned property;
      (5)   Attach any rope, wire, nail, sign, poster or other man-made object to any tree, shrub or other plant located on Village-owned property; or
      (6)   Dig a tunnel or trench on Village-owned property.
   (b)   Issuance.  Within seven days of receipt of an application, the Village Arborist shall issue a permit to perform, within thirty days of the date of issuance, any of the acts specified in subsection (a) hereof for which a permit is requested whenever:
      (1)   Such acts would result in the abatement of a public nuisance, or whenever 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;
      (2)   An application has been signed by the applicant and submitted to the Village Arborist 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 Arborist may find reasonably necessary;
      (3)   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 the regulations and standards set forth in the Arboricultural Specifications Manual;
      (4)   The applicant certifies that he or she has read and understands those provisions of the Urban Forestry Plan, this chapter and the Arboricultural Specifications Manual which are pertinent to the work for which the permit is sought; and
      (5)   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, may reasonably be expected to fall upon Village-owned property, and if such felling is done by one other than the owner of the property on which such felling is done, the applicant agrees to indemnify and to hold the Village harmless for all damages resulting from work conducted pursuant to the permit and deposits with the Clerk a liability insurance policy in the amount of one hundred thousand dollars ($100,000) per person/three hundred thousand dollars ($300,000) per accident for bodily injury liability and fifty thousand dollars ($50,000) aggregate for property damage liability, which policy shall name the Village as an additional insured.
(Ord. 1993-18.  Passed 3-29-93.)