(a) Tree Permit Required. Except as provided in subsection (c) hereof, no person shall 1) alter a protected tree, 2) alter a public tree, or 3) plant any tree unless the alteration is authorized by a valid tree permit.
(b) Offense. Unless otherwise exempted by this chapter, a person commits an offense if the person 1) alters any protected tree without or in violation of a tree permit, 2) alters a public tree without or in violation of a tree permit, or 3) plants any tree without or in violation of a tree permit.
(c) Exemptions. Alteration of the following tree(s) shall be exempt from the provisions of this chapter:
(1) Any tree that endangers the public health, welfare, or safety such that immediate alteration is required. The Administrative Official shall review any such alteration and may require documentation in support of such exemption;
(2) Any tree that has disrupted a public utility service due to a tornado, storm, accident, flood, or other act of nature, provided that alteration of such a tree shall be limited to the portion of the tree reasonably necessary to reestablish and maintain reliable utility service as determined by the Administrative Official;
(3) A tree located on the property of a licensed plant or tree nursery which has trees planted and growing on the premises for the intended sale to the general public in the ordinary course of its business;
(4) Any tree that is neither a protected tree nor a public tree and is also not a newly planted tree.
(5) When planting a tree or when altering any public tree or protected tree, the Village and its contractors are exempt from the requirement of a tree permit, but must comply with the Standard of Care.
(6) Any tree that the Administrative Official determines must be altered in order to install utility lines within public rights-of-way or within approved utility easements, including required drainage easements, shall be exempt from the requirement of tree permit.
(Ord. 1787. Passed 6-27-22.)