(A) Planting Requirements For Parkways:
1. No building permit shall be issued for any new construction nor for any addition (except to existing single-family dwellings) unless the applicant provides escrow monies in an amount equal to the trees that shall be planted in the public parkway adjoining the premises to be improved (unless the building commissioner shall show good cause in writing that such planting will not be in the best interest of the village). Such trees shall be planted approximately fifty feet (50') apart at a rate of not less than one tree for each fifty feet (50') of frontage or part thereof;
2. All such trees shall be not less than two and one-half inches (21/2") in diameter, of such species, quality and placement as may be approved by the building commissioner, with regard to cleanliness, ease of maintenance, resistance to disease and adverse conditions. Such trees shall be a variety of species so as to avoid heavy concentrations of a single species.
(B) Planting Trees And Shrubs On Public Rights Of Way And Parkways: Except in the manner specified in this section, it is unlawful for any person, firm, or corporation to plant, maintain or set out any tree, bush, shrub or plant in or upon any right of way or parkway thereon within the corporate limits of the village of Posen. Also, no persons, firm or corporation shall place or maintain stones, boulders, rock gardens or ornamentation on any such right of way or parkway within twenty four inches (24") of the inside line of the curb or, if there is no curb, then within twenty four inches (24") of the edge of the pavement. Also, said stones, boulders, rock gardens or ornamentation shall not exceed twenty four inches (24") in height.
(C) Species Of Trees Approved; Permit Required: The following trees are approved species for planting on any parkway and public right of way:
1. The following trees are the approved species for planting on parkways and public rights of way that are not under power lines:
Common Name
| Botanical Name
|
Common Name
| Botanical Name
| |
Blue ash | Fraxinus quadrangulata | |
Crimean linden | Tilia x euchlora | |
Green ash | Fraxinus pennsylvanica | |
Green mountain sugar | Acer saccharum | |
Hackberry | Celtis occidentalis | |
Hesse European ash | Fraxinus excelsior | |
Hessel | ||
Littleleaf linden | Tilia cordata | |
Maple | Green Mountain | |
Northern red oak | Quercus borealis | |
Norway maple | Acer platanoides | |
Red maple | Acer rubrum | |
Shingle oak | Quercus imbricaria | |
Silver linden | Tilia tomentosa | |
Thornless honeylocust | Gleditsia triacanthos | |
Inermis | ||
The trees listed above shall not be planted under power lines.
2. Oaks shall not be planted in paved or parking areas. No trees which might impair vision shall be planted on any parkway or any public right of way. No person shall plant, maintain or set out any bush, tree, shrub or plant on any parkway or public right of way without first obtaining a permit therefor from the building commissioner.
3. The following low trees and tall shrubs are the approved species for planting on parkways and rights of way that are under power lines:
Common Name
| Botanical Name
|
Common Name
| Botanical Name
| |
Alleghany serviceberry | Amelanchier laevis | |
Alleghany viburnum | Viburnum x | |
Allegheny | Rhytidophylloides | |
American hornbeam | Carpinus caroliniana | |
American plum | Prunus americana | |
Amur maple | Acer ginnala | |
Apple serviceberry | Amelanchier x grandiflora | |
Arrowwood viburnum | Viburnum dentatum | |
Bailey redosier | Cornus sericea | |
Blackhaw viburnum | Viburnum prunifolium | |
Cheyenne privet | Ligustrum amurense | |
Common lilac | Syringa vulgaris | |
Common witchhazel | Hamamelis virginiana | |
Dogwood | f. baileyi | |
European cranberrybush viburnum | Viburnum opulus | |
Fernleaf buckthorn | Rhamnus frangula Asplenifolia | |
Flowering crabapples | Malus Adams | |
Malus Bob White | ||
Malus Donald Wyman | ||
Gray dogwood | Cornus racemosa | |
Hawthorn | var. inermis | |
Hedge maple | Acer campestre | |
Highbush cranberry viburnum | Viburnum trilobum | |
Hophornbeam | Ostrya virginiana | |
Japanese flowering crabapple | Floribunda Mary Potter | |
Floribunda Profusion | ||
Floribunda Red Jade | ||
Floribunda Red Jewel | ||
Floribunda Selkirk | ||
Floribunda Sentinel | ||
Floribunda Snowdrift | ||
Japanese tree lilac | Syringa reticulata | |
Many flowered cotoneaster | Cotoneaster multiflora | |
Merrill magnolia | Magnolia x loebneri Merrill | |
Mohican wayfaring | Viburnum lantana | |
Nannyberry viburnum | Viburnum lentago | |
Purple-leaved sand cherry | Prunus x cistena | |
Sargent crabapple | Malus sargentii | |
Sargent cranberry viburnum | Viburnum sargentii | |
Saucer magnolia | Magnolia x soulangiana | |
Shining sumac | Rhus copallina | |
Smooth sumac | Rhus glabra | |
Staghorn sumac | Rhus typhina | |
Star magnolia | Magnolia stellata | |
Thicket serviceberry | Amelanchier canadensis | |
Thornless cockspur | Crataegus crusgalli | |
Tree viburnum | Mohican | |
Vaughn hawthorn | Crataegus x Vaughn | |
Vernal witchhazel | Hamamelis vernalis | |
Washington hawthorn | Crataegus phaenopyrum | |
White fringetree | Chionanthus virginicus | |
Winged euonymus | Euonymus alatus | |
Winter king hawthorn | Crataegus viridis Winter King | |
The trees listed above shall only be planted on public rights of way parkways that are under power lines.
(D) Breaking, Cutting Or Injuring Trees Or Shrubs: No person, firm or corporation shall destroy, break, cut, deface, trim or in any way injure or interfere with any tree, bush, shrub or plant growing in any parkway or public right of way of the village except by written permit of the building commissioner. Provided, however, that nothing in this section shall be construed to apply to the removal under the direction of the village of any root, tree, shrub, or part thereof whenever the same shall be found necessary in the construction of any sidewalk, sewer, pavement or other public improvements, or in the maintenance thereof.
(E) Attaching Wire, Rope Or Signs To Trees Or Shrubs Prohibited: No person, firm or corporation, other than the village of Posen, shall fasten or attach any wire, rope, sign, handbill or other thing to any tree, bush, shrub, or plant growing or standing in a public right of way or parkway.
(F) Utility Pipes And Wires Prohibited From Injuring Trees Or Shrubs: Any person or company maintaining any gas pipe, electric or telephone wire in the village, in the absence of provisions in a franchise agreement, shall maintain such pipes or wires in a manner to avoid injury to any tree, bush, shrub or plant in the public right of way or parkway.
(G) Obstructing Air Or Water Flows: It is unlawful for any person, firm or corporation, except with a written permit from the building commissioner, to place or maintain upon the ground in any public right of way or parkway any stone, cement, or other impervious material or substance in such a manner as may obstruct the free access of air and water to the roots of any tree, bush, shrub or plant in any such public right of way or parkway unless otherwise provided for in such written permit. There must be maintained above the base of the trunk of each tree in such public right of way or parkway at least nine (9) square feet of ground for a tree three inches (3") in diameter and for every two (2) additional inches of such diameter there must be an increase of at least one square foot of open ground.
(H) Permit Required To Remove Trees: If a tree is to be removed from a parkway or other public right of way having a diameter of at least one inch (1"), a permit therefor must be obtained from the building commissioner. If such a permit is approved, and unless the tree is diseased, dead, undesirable or prohibited, as stated in this section, a new tree having a diameter of at least the diameter of the tree removed and of a species authorized by the building commissioner must be planted without expense to the village, in the vicinity of the tree removed.
(I) Violations Declared A Public Nuisance: Any and all trees, bushes, shrubs or plants now growing or hereafter planted, or any stone, boulder, rock garden or ornamentation set out, in, or upon the parkway or public right of way of the village, in violation of the terms of this section, are and each of them, is hereby expressly declared a public nuisance and subject to abatement as such. Any such trees, bushes, shrubs or plants or any such stones so planted or set out, contrary to law, shall be abated as a common nuisance by the building commissioner. (Ord. 2003-05, 4-22-2003)