(A) Applicability.
(1) The provisions of this section apply to trees planted in public right-of-way or on public property. For regulations concerning tree planting and landscaping on private property refer to the Zoning Code, Chapter 159, § 159.030.
(2) The provisions of this section apply to any new development or plat, any redevelopment, any expansion or building addition, or any construction taking place within the public right-of-way or on public property. Compliance with this section is a condition for the approval of any development/engineering plans or the issuance of any certificates of occupancy.
(B) Public tree preservation.
(1) It shall be unlawful for any person, group, entity, corporation, or organization to remove any tree in public right-of-way or on public property without the approval of the village.
(2) It shall be unlawful for any person, group, entity, corporation, or organization to damage, deface, injure, or prune a tree in public right-of-way or on public property in such a way causes irrevocable harm to the tree. This includes "tree topping" or the cutting of branches and/or the trunk of a tree in a manner which will substantially reduce the overall size of the tree area so as to destroy the existing symmetrical appearance or natural shape of the tree in a manner which results in the removal of main lateral branches leaving the trunk of the tree in a stub appearance.
(3) It shall be unlawful for any person, group, entity, corporation, or organization to attach signs, notices, or other advertising to any tree in public right-of-way or on public property.
(4) Property owners are responsible for the maintenance of the trees in the public right-of-way adjacent to their property. The village and its authorized agents shall have the right but not the obligation to plant, prune, maintain or remove trees in the public right- of-way or on public property as may be necessary to ensure public safety, preserve or enhance the quality of the vegetation, and beautify the village. The village may remove or cause to be removed as soon as practical any tree in the public right-of-way or on public property that is diseased or dying, or that poses an irreconcilable threat to a utility, or that otherwise threatens the public health, safety, or general welfare.
(5) In areas where construction is taking place within the public right-of-way every effort shall be made to preserve the existing trees. A tree preservation plan shall be completed that includes:
(a) Trees to be saved shall be prominently marked, these markings to be visible at normal eye level and at the working level of equipment operators.
(b) Movement of construction equipment and any other vehicles shall be restricted to clearly make routes.
(c) Temporary barriers shall be erected prior to construction to prevent damage to the trunk, canopy, or root zone of trees to be saved; for instance, stakes and rope, snow fences, wooden frame, cinder block, planking over roots, and the like. Barriers equal in extent to the drip line of the tree may be required in case of species particularly susceptible to root zone damage.
(d) Use, storage, or other deposition of equipment or material shall be prohibited within the root zone of any tree to be saved; for example, paint, oil, solvents, fuel, gravel, fill, concrete, sand, mortar, rubbish, and the like.
(e) Grading, filling, excavating, or other disturbance within the root zone of any tree to be saved shall be avoided wherever possible. Where this cannot be avoided, a tree well, terrace, retaining wall, or other protective device shall be installed as the first step of construction.
(f) If tree roots must be cut in the course of installing streets, utility lines, foundations, or other construction activity, this cutting shall be by trenchers, backhoe equipment, or other equipment which will insure clean cuts. Where damage is inflicted, pruning or other compensatory treatment shall be done as soon as possible.
(g) Trees to be saved shall not be subjected to unfavorable changes in drainage, either during or after construction.
(C) Public tree replacement. In the event that trees in the public right-of-way or on public property cannot be preserved, or must be removed due to disease or damage, they shall be replaced according to the following standards.
(1) One tree shall be planted for every tree removed.
(2) Tree selection and placement shall be according to division (D) below.
(3) In the event that the replacement trees cannot fit in the right-of-way adjacent to the project, a fee in lieu of can be assessed for the tree to be planted in right-of-way elsewhere in the village. The fee in lieu shall be determined by the Director of Community Development and shall be approximately equal to the actual cost of buying and installing a tree.
(D) Public tree planting. Any new development or subdivision or any tree required by this section shall be planted in accordance with the criteria below.
(1) All parkways or public right-of-ways shall be planted with trees a minimum of two and one-half inches in caliper at the time of installation.
(2) Trees shall be planted a minimum of 30 feet and a maximum of 50 feet apart. Where trees cannot be planted due to conflicts with driveways or utilities, replacement tress shall be required according to division (C) of this section.
(3) Trees shall not be placed within the following distances:
(a) Fifteen feet of a fire hydrant, street light, and or street sign.
(b) Five feet of a residential driveway or ten feet of a commercial driveway unless authorized by the village.
(c) Twenty feet from the intersection of any residential, local, or minor street. Forty feet from the intersection of commercial, collector, or major street unless authorized by the village.
(d) Ten feet from any manhole, catch basin, water buffalo box or utility structure.
(e) Eight feet from any buried utility line.
(4) Tree species shall be varied so that no more than five of the same species are adjacent and that one species does not comprise more than 30% of all parkway plantings unless otherwise approved by the village.
(5) Trees shall be planted in the center of the parkway where possible. Trees shall not be closer than two feet from the back of curb and two feet from the sidewalk unless otherwise approved by the village.
(6) Trees are prohibited in parkways less than four feet wide. In parkways between four feet and six feet wide, the village may prohibit trees if they conflict with underground utility lines.
(7) In parkways between four feet and six feet wide trees shall be limited to the following species:
Common Name | Botanical Name |
Norway maple | Acer platanoides |
Red Maple | Acer rubrum |
Ginko (male) aka. Maidenhair Tree | Ginko biloba |
American Linden aka. Basswood | Tilia americana |
Bradford Pear | Pyrus calleryara "Bradford" |
(8) In parkways greater than six feet wide trees shall be any of the following species:
Common Name | Botanical Name |
American Beech | Fagus grandifolia |
European Beech | Fagus sylvatica |
Ginko (male) aka. Maidenhair Tree | Ginko biloba |
Smoothleaf Elm (Dutch elm disease resistant cultivars only) | Ulmus carpinifolia (Accolade, Discovery, Homestead, Pioneer, & Regal cultivars) |
Common Hackberry | Celtis occidentalis |
Sugar Hackberry | Celtis laevigata |
Thornless Honeylocust | Gleditsia triacanthos var. inermis |
American Hophornbeam aka. Ironwood | Ostrya virginiana |
Kentucky Coffeetree (male) | Gymnocladus dioicus |
American Linden aka. Basswood | Tilia americana |
Littleleaf Linden | Tilia cordata |
Silver Linden | Tilia tomentosa |
Miyabe Maple | Acer miyabe |
Norway maple | Acer platanoides |
Paperbark Maple | Acer griseum |
Red Maple | Acer rubrum |
Sugar Maple | Acer saccharum |
Bur Oak | Quercus macrocarpa |
Red Oak | Quercus rubra |
Chinkapin Oak | Quercus muehlenbergii |
Swamp White Oak | Quercus bicolor |
Tuliptree; aka. Tulip Magnolia or Tulip Popular | Liriodendron tulipifera |
Bradford Pear | Pyrus calleryara "Bradford" |
(Ord. 2313-95, passed 2-1-95; Am. Ord. 12-1014, passed 11-7-12)