(A) Tree Trimming: It shall be unlawful for anyone to trim, prune or remove any tree or portions thereof, whether located within a Village right of way, or on private property within a public easement, without first obtaining a permit for the proposed trimming from the Department of Public Works, Director of Public Works or his authorized representative. The application for tree trimming, on a form acceptable to the Village, shall be accompanied by a written statement, no later than seven (7) days prior to the proposed trimming, indicating the purpose of the trimming of trees, a general description of the tree/trees to be trimmed, the type of trimming to be performed, and the time and place where trimming is planned. The Department of Public Works shall develop a written set of guidelines and/or standards as to the type of trimming permitted.
1. Issuing Of Permit: Permits may be issued with reasonable restrictions to protect the health and/or appearance of trees.
2. Permit Denial: Permits may be denied if the Director of Public Works determines any of the following:
(a) Stated purpose of the trimming does not require trimming;
(b) Scope of the trimming is excessive;
(c) Trimming would be detrimental to the health and/or appearance of the tree;
(d) Work to be performed does not comply with the standards developed by the Department of Public Works.
At no time shall anyone while trimming trees use boot spikes or any other sharpened instrument for the purpose of aiding said individual in the climbing of a tree except for the removal of a dead tree.
Trees that are cut down must be removed, and the root above the grade and stump thereof must be grubbed out.
3. Interfering With Growth Prohibited: No person shall plant, spray or fasten any wire or rope to, or otherwise interfere with the free growth of any tree or shrub in a park, parkway or other village property without first obtaining approval from the director of public works.
4. Public Utility Companies Not Exempt: Public utility companies or their agents are not exempt from any of the requirements of this chapter.
5. Applications: Applications for permit shall be made on blanks furnished by the director of public works. (Ord. O2323, 3-20-2000)
(B) Planting Approval: It shall be unlawful for anyone to plant whether located within a village right of way, or on private property within a public easement, without first obtaining a permit for the proposed planting from the department of public works, director of public works or his authorized representative. The planting must be in accord with the provisions of this chapter, then the applications shall be considered and permit may be issued thereon as follows:
1. If the planting or work is to be done in a parkway (i.e., property adjoining a roadway and forming part of a platted street), and if the proposed planting or work complies with this chapter, the director of public works shall issue the proper permit in accordance therewith. (Ord. 2843, 12-19-2013)
2. If the planting or work is to be done in a public park, or other public place except a parkway, the village manager shall submit the application for permit to the board of trustees, and if the board finds that the proposed planting or work complies with this chapter and is in the public interest, the board shall approve the application and the permit shall be issued in accordance therewith.
(C) Planting Regulations: A permit for planting or care of trees or shrubs in public property may be granted if the following regulations are complied with:
1. There shall not be planted any of the following trees: white poplar, silver maple, box elder, Siberian elm, black locust, willow, honey locust, ailanthus (tree of heaven), cottonwood, white mulberry or any fruit tree; nor shall any white mulberry tree be allowed to increase in number or growth.
2. No tree shall be less than two inches (2") in diameter of trunk one foot (1') above the ground, except for those trees designated in section 8-5-9 of this chapter, which may be less than two inches (2") in diameter of the trunk, provided that the planting of such trees shall be restricted to that portion of the public parkway area located between the edge of the public sidewalk and the private property line.
3. No tree shall hereafter be planted at the intersection of two (2) or more streets, or within twenty feet (20') of such intersection.
4. Trees shall be planted at least ten feet (10') from a street lamp or other public utility structure.
5. No tree shall be planted where the soil is too poor to ensure the growth of such tree, unless the planter excavates a suitable hole of not less than thirty six (36) cubic feet and replaces the material removed with loam or suitable soil.
6. No tree shall be planted nearer than three feet (3') from a curb, sidewalk, or driveway, unless the distance between paved surfaces is less than six feet (6') in which event such tree shall be planted an equal distance from all pavement, and only the following trees shall be planted: blue ash, white ash, sweet gum, American hornbeam, and hop hornbeam.
7. Trees and shrubs on private property shall not overhang the public sidewalk to a height of less than ten feet (10') above the walk and such trees and shrubs shall not be planted within three feet (3') of any public sidewalk.
8. The regulations set forth in subsections (C)3, (C)4, (C)6 and (C)7 of this section shall not apply to plantings which are undertaken pursuant to a comprehensive business district improvement plan approved by the president and board of trustees.
9. Except as otherwise provided in this section, only the type and variety of trees listed by the village as eligible for parkway planting shall be planted in any parkway. (Ord. O2323, 3-20-2000)