The following are requirements for the planting, pruning, and removal of trees within dedicated public property. For purposes of this section, dedicated public property shall include all public ways, streets, alleys, parks, or other property owned by the Municipality.
(a) Tree Topping. No person shall top any tree within the public right-of-way. 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.
(b) Height of Limbs Over Sidewalks and Streets. 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 sidewalks. 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.
(c) Municipal Rights. The Municipality 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 public safety or to preserve or enhance the environmental quality and beauty of such public grounds.
(d) Unsafe or Incompatible Tree Removal. The Zoning Inspector may 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 the planting of streets trees by adjacent property owners provided that the selection and location of the trees is in accordance with the provisions of this chapter.
(e) Dead or Diseased Tree Removal on Private Property. The Village shall have the right to cause the removal of any dead or diseased tree(s) located on private property within the Village, and/or cause the removal of branches of trees located on private property within the Village which overhang public property, when such trees constitute a hazard to life or property, or harbor an epiphytotic disease which constitutes a potential threat to other trees within the Village, as determined by a professional arborist. The Zoning Inspector shall notify, in writing, the owners of such trees. Removal shall be done by such owners at their own expense within sixty days after the date of service of written notice, unless a longer period is agreed to in writing by the Zoning Inspector, to allow time to attempt to treat and cure a salvageable diseased tree. In the event of failure of owners to comply with such provisions, the Village shall have the authority to remove any such tree(s) and charge the cost of removal to the owner's property tax notice.
(f) Reducing Treelawn. No person shall by any type of construction reduce the size of a treelawn without first procuring permission from the Zoning Inspector.
(g) In all zoning districts, developers shall plant and maintain shade trees along public and private streets in compliance with the following:
(1) The tree to be planted shall be an approved street tree as determined by the Tree Commission.
(2) One tree shall be provided for every forty (40) linear feet of frontage, or fraction thereof, along each road.
(3) The minimum spacing between trees shall be 40 feet for large trees, 30 feet for medium trees and 20 feet for small trees.
(4) The maximum spacing between trees shall be 45 feet for large trees, 35 feet for medium trees, and 25 feet for small trees.
(5) The minimum distance between the tree 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 trunk and both the edge of the street and the sidewalks shall be two feet for a large tree, two feet for a medium tree and one and one-half feet for a small tree.
(6) The tree location shall be at least 20 feet from street intersections and ten feet from fire hydrants or utility poles.
(7) 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 to 20 lateral feet of overhead utility wires.
(8) Trees are to be planted within the rights-of-way of roads within and abutting the development as directed by the Planning and Zoning Commission.
(9) Each tree at the time of installation shall have a minimum caliper of 1.75 inches and a clear trunk height of at least six (6) feet.
(Ord. 05-08. Passed 2-25-08.)