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4-3-3: TREES ON VILLAGE PROPERTY AND VILLAGE RIGHT OF WAY 1 :
A. Policy: It is hereby declared to be the policy of the village to regulate and control the planting, transplanting, removal, maintenance and protection of trees and shrubs in the village in order to eliminate and guard against dangerous conditions which may result in injury to persons using the streets, alleys, sidewalks or property of the village; to promote and enhance the beauty and general welfare of the public; to prevent damage to any street, sidewalk or other village property; to protect trees and shrubs located in public areas owned by the village from undesirable and unsafe planting, removal, treatment and maintenance practices; and to guard all trees and shrubs on village property against the spread of pests and disease. It is the intent of the village that the provisions of this section shall apply to all trees and plants growing or planted in or upon any public right of way or other premises owned or controlled by the village.
B. Regulation: A village employee or designee is hereby empowered to superintend and regulate the planting, preservation, protection and maintenance of trees of all public ways of the village. No person shall plant any tree or plant on any public way or place any planting thereon until the village employee or designee has issued an okay for such planting.
C. Approved Species: Tree species planted in the parkway must conform to the parkway tree planting list as approved by the village employee or designee.
D. Removal Of Diseased Or Damaged Trees: All crippled, deformed and physically damaged trees, regardless of species, if professional opinion indicates that recovery and normal development cannot be expected, shall be removed. All trees infected with a noncurable disease that will result in deformation, death and infection of other trees shall be removed.
E. Spacing: All new plantings in parkways shall conform within a tree spacing of thirty feet (30'), except where the village employee or designee has determined that the tree species planted is appropriate for the planting space available.
F. Planting Requirements:
1. Trees, when planted, shall have a minimum trunk diameter of two inches (2") measured at a distance of six inches (6") above ground level and shall be free from deformity and indication of undesirable growth characteristics.
2. Trees, when planted, shall be free of infectious disease or insect infestation.
3. No trees may be planted on parkways less than three feet (3') wide, unless, in the opinion of the village employee or designee, the planting and the species of tree approved will not endanger the sidewalk, curb or other property.
4. Planting of trees is prohibited under the following conditions:
a. If such planting interferes with existing or planned structures or existing or planned underground or overhead utilities, such as sewers, pipes, or cables;
b. If such planting would create a hazardous traffic situation by impairing driver or pedestrian visibility at intersections or where traffic controls are located.
G. Spraying, Injections And Pruning: Spraying and injections of trees in parkways for the prevention and elimination of diseases and insect infestation shall be performed to meet the specific requirements of the species of tree and the particular disease or insect infestation which exists or threatens. It shall be the responsibility of the village employee or designee to determine the need and extent of spraying, injections and pruning requirements.
H. Tree Protection:
1. Protection During Construction Work: During any type of construction work, the owner or contractor shall place guards around all nearby trees on the parkway or any other public ways to prevent injury to such trees or plants. In case of injury to a tree or plant, an approved replacement must be furnished.
2. Wires: No person shall permanently attach or connect any electric or other wire to any tree or permit any such wire to come in contact with any tree.
3. Placing Materials Around Trees: No person shall place or maintain upon the ground around a parkway tree any surfacing or material which will impede free passage of water and air to the roots without leaving an open space of not less than two feet (2') in width around the tree.
I. Planting And Replacement Of Trees By Village: The village retains the right to plant parkway trees wherever needed in conformance with this section.
J. Permission Required For Removing Trees:
1. No person shall, without permission from the village employee or designee, remove, destroy, break, cut, deface, trim or injure or interfere with any tree or plant growing in any street, parkway, or public place in the village.
2. When such trees or shrubs are damaged or broken by the force of nature in such a manner as to constitute a threat to life or property, then such owner or person in control shall promptly remove them or the parts thereof which constitute the danger and shall report such person's actions to the village employee or designee within a reasonable period thereafter.
K. Penalty; Abatement By Village: Any person violating the provisions of this section shall be fined as provided in section 1-4-1 of this code for each such violation; it being hereby determined that each violation shall constitute a separate and distinct offense. If any owner of property shall refuse or fail to comply with the terms of this section after first being fined as provided herein, such tree or trees that shall be deemed in violation of this section by the village employee or designee shall be removed at the expense of the property owner, such violation being subject to thirty (30) day notice from the village employee or designee. (Ord. 2012-10-01, 10-1-2012)
1. 33 feet from the center of the road.