1189.06 REMOVAL OF MAJOR TREES.
   (a)   The Village Administrator (or designee) may approve the cutting down, removal, or destruction of a major tree when the tree interferes with the proper development of the lot, provided that the lot is the subject of application for approval of a zoning permit, development plan, variance or conditional use permit; such application is approved; and one of the following applies:
      (1)   The tree is located within a proposed public right-of way.
      (2)   The proposed structure cannot be located in a manner to avoid removal of the tree and, at the same time, permit the desirable and logical development of the lot.
      (3)   The tree is located within the area of a proposed driveway that will service a single-family or two-family home or is within the area of a proposed access drive that will service dwellings in any residential development or any multi-family development.
      (4)   The tree is damaged or diseased.
      (5)   The tree is an undesirable species in its present location.
   (b)   Removal. A tree shall be deemed removed if one or more of the following occurs:
      (1)   Damage is inflicted to the root system by machinery, storage of materials and/or soil compaction.
      (2)   The natural grade is changed above or below the root system or around the trunk. Damage is inflicted on the tree that would permit fungus or pest infection.
      (3)   The tree is excessively pruned or thinned.
      (4)   Areas are paved with concrete, asphalt or other impervious material within such proximity to the tree as to be harmful to the tree.
         (Ord. 05-08. Passed 2-25-08.)