(a) Public Tree Care. The Village shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds. The Commission may recommend Council remove or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or is affected with any injurious fungus, insect, or other pest. This section does not prohibit the planting of street trees by adjacent property owners providing that the selection and location of said trees is in accordance with Sections 913.07 through 913.10. Pruning, planting or removing of public trees should be done according to the Best Management Practices companion International Society of Arboriculture (ISA) publications. A copy of these publications can be found in the Village office.
(b) Topping Public and Private. It shall be unlawful, as a normal practice, for any person, firm, or Village department to top any street tree, park tree, or other tree on public property without prior approval from the Commission. Topping is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree. Crown reduction by a qualified arborist may be substituted, where appropriate. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this ordinance at the determination of the Commission.
(c) Pruning, Corner Clearance. Every owner of any tree overhanging any street or right-of-way within the Village shall prune the branches so that such branches shall not severely obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of twelve feet (12') above street surface or ten feet (10') above the sidewalk surface. Said owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a threat to the safety of the public. The Village shall have the right to prune portions of any tree or shrub on private property as follows:
(1) Where it encroaches on public property,
(2) When it interferes with the proper spread of light along the street from a street light, or
(3) When it interferes with visibility of any traffic control device or sign or sight triangle at intersections.
Tree limbs that grow near high voltage electrical conductors shall be maintained clear of such conductors by the electric utility company in compliance with any applicable franchise agreements. A utility tree trimming policy must be reviewed by the utility company and Commission prior to any trimming by the utility company.
(d) Dead or Diseased Tree Removal on Private Property. Trees, shrubs, plants, or plant parts which are dead or diseased, when such trees pose a hazard to life and property, or harbor insects or disease which potentially threaten other trees within the Village constitutes cause for removal. The Village will notify in writing the owners of such trees. Removal shall be done by said owners at their own expense within 60 days after the date of service of notice. In the event of failure of owners to comply with such provisions, the Village shall have the authority to remove such trees and certify the cost of removal to the Delaware County Auditor to be included as an assessment on the owner’s property tax duplicate.
(e) Removal of Stumps. All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.
(f) Harming of Public Trees. It shall be a violation of the provisions of this chapter for any person to abuse, destroy, mutilate, or otherwise damage any tree, plant or shrub in any public place, or to attach or place any rope, wire (other than one used to support a young or broken tree), sign, poster, handbill or other things to or on any tree growing in a public place, or to cause or permit any wire charged with electricity to be placed or attached to any such tree, or allow any gaseous, liquid or solid substance which is harmful to such trees to come in contact with their roots, trunks, or leaves.
(g) Protection of Public Trees. No person shall plant, remove, cut above ground, prune, or disturb any tree on any street, park, or other public place without written permission of the Village of Sunbury. The person receiving such approval shall abide by the standards set forth in this ordinance.
(Ord. 2008-30. Passed 10-15-08.)