A. Application: This section applies to all property in the village including, but not limited to, lots or parcels on which is located an owner occupied single- family residence or to single-family residences for which a certificate of occupancy has been issued and all property which is the subject of a development petition, except as otherwise provided herein.
B. Planting: It shall be unlawful to plant any tree or bush in the public right of way, or on other property owned or controlled by the village or in a conservation area without prior written approval of the village engineer. Any plantings authorized within the public right of way or on other village property shall be documented by an approved landscape plan, and a hold harmless agreement, in a form acceptable to the village attorney, shall be on file with the village prior to planting. It shall be unlawful to plant any tree under utility wires located on a village right of way or within a utility easement that is anticipated to grow to a height that will interfere with such wire or wires. (Ord. 04-01, 2-17-2004)
C. Removal:
1. It shall be unlawful to remove any tree(s) or vegetation except as provided in this chapter. A permit authorizing removal must be obtained from the Village prior to the following activities:
a. Removal of trees or vegetation from a conservation area, streetscape preservation area, or tree preservation area. In addition, removal of dead, diseased, or noxious species from these areas shall only occur with prior written approval of the village engineer.
b. Removal of a heritage tree.
c. Removal of trees or vegetation on any property that is the subject of a development petition prior to issuance of the appropriate permit or other required approval.
d. Removal of trees or shrubs from a village right of way or other village owned property, except for removal performed by or on behalf of the village.
e. Removal of trees or other vegetation from a floodplain or floodway (as defined by DuPage or Kane County, as applicable or by the United States army corps of engineers).
f. Removal of trees or other vegetation from utility easements, rights of way or other property of any public, quasi-public or private utility for the purpose of installing or maintaining utilities, unless certified as necessary for health or safety reasons by the village engineer, or required for bona fide emergency service reasons. Any tree removal on private property shall not encroach upon, or damage any trees located in protected areas, on neighboring properties or in the village right of way. Any permit authorizing removal may be subject to such conditions that the village engineer may deem necessary or appropriate to minimize damage to other trees or vegetation on a site, including installation of protective fencing. Applications for a tree removal permit shall be made on forms authorized by the village engineer, and no permit shall be issued except pursuant to an application containing all required information including, where applicable, a tree protection, landscaping, or tree replacement plan. (Ord. 04-01, 2-17-2004; amd. Ord. 04-15, 10-19-2004)
2. A permit shall not be required for the pruning or removal of any tree(s) or other vegetation that the village determines to be hazardous under section 11-9-16 of this chapter. (Ord. 04-15, 10-19-2004)
D. Permits Authorizing Removal: Permits authorizing removal pursuant to subsection C of this section may be issued by the village engineer under the following conditions:
1. The tree is dead or dying.
2. The tree is diseased.
3. The removal of the tree is consistent with established good forestry practices.
4. Refusal to allow removal of the tree would deny the applicant all reasonable and economically viable uses of the property.
If none of the above criteria are satisfied, the village engineer may authorize removal if it is mitigated by replacement trees in lieu of preservation consisting of a double inch for inch replacement of the tree to be removed, unless good forestry practices or an approved landscaping plan warrant a lesser replacement, which in no case shall be less than an inch for inch replacement of the tree to be removed. The replacement trees may be required on the property from which the tree was removed, or on adjacent properties or rights of way as determined to be necessary by the village engineer to mitigate the loss of the tree or trees in a protected area.
E. Application Of Requirements Regarding Diseased And Infested Trees: Nothing in this chapter shall be construed to prohibit the removal of trees or parts thereof which have been identified as being infected with contagious, threatening diseases or infested with pests either of which threaten the health and vitality of other trees whether on private or public property. Such trees and infected or infested materials shall be removed and disposed of in accordance with the provisions of section 11-9-10 of this chapter.
F. Removal, Partial Nonemergency Tree Trimming, Pruning: All tree pruning conducted by for profit tree services within the corporate boundaries of the village of Wayne shall be done in a manner that is consistent with the guidelines set forth by the International Society of Arboriculture, in their publication entitled "Tree Pruning Guidelines, 1995", or as hereafter amended for the purpose of protecting the health of trees and property values.
G. Nonemergency Pruning: Nonemergency pruning of all tree species shall be permitted year round except as follows:
All species of elms and white oaks shall not be pruned from March through October.
All species in the red oak group shall not be pruned from April through July, unless the pruning wounds are treated with a tree wound dressing at the time of pruning.
H. Injury: It shall be unlawful to intentionally injure any tree on village right of way, on other public property or trees on private property in a "protected area" as defined by this chapter.
I. Dangerous Trees: Any tree on private property which overhangs any sidewalk, street, or other public property in such a way as to impede or interfere with traffic, and any tree or limb which has become likely to fall on or across any public right of way or public property, shall be trimmed or removed by the owner of the property on which the tree grows so that the obstruction or danger is removed. If a determination is made by the village engineer that a tree poses an immediate threat to life or limb, the village engineer may order the removal of the portion of the tree posing the immediate threat.
J. Wires: It shall be unlawful to attach any wire or rope to any tree in any village right of way, parkway, or on other village property without the prior written approval of the village engineer.
K. Clearance From Trees: Any person or company given the right to maintain poles and wires in a village right of way and on village owned property, shall, in the absence of a provision in the franchise agreement concerning the subject, keep such wires and poles free from, and away from, all trees. In addition, all such trees shall be kept properly trimmed in a manner that is consistent with village regulations, subject to the approval of the village engineer, so that no injury shall be done to either the poles and wires, or the trees, by their contact.
L. Excavations: Excavations in streets or on other village owned property shall occur in a manner that minimizes injury to any tree. In cases where the excavation may impact the roots or any other part of a tree, prior written approval from the village engineer is required before excavation may begin to ensure that appropriate steps are taken to minimize or mitigate the effect of such impact.
M. Permit Fees: The fee for the planting of a tree/vegetation or the removal of a tree/vegetation shall be seventy five dollars ($75.00). The permit fee shall be refunded to the applicant once the village engineer has determined that the tree/vegetation proposed to be removed is classified under this chapter as dead, dying or diseased or constitutes a noxious species. (Ord. 04-01, 2-17-2004; amd. Ord. 24-13, 10-1-2024)
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