(A) Purpose: This section shall govern the planting, removal, and maintenance of trees, shrubs, and other plantings ("trees") in, on, or over any street, right-of-way, or other public property ("public way") under the jurisdiction of the Village. The specific goals of this section are to:
(1) Protect, preserve, and enhance the quality of life and general welfare of the Village, its residents, and its property owners; and conserve and enhance the Village's natural, physical, and aesthetic environment.
(2) Preserve, protect, and enhance the urban forest to ensure that trees are properly planted and maintained within the Village so that trees can protect, enhance, and preserve the quality of life for people within the Village.
(3) Recognize that trees are an integral part of the infrastructure of the Village and as such should be preserved, protected, and cared for as other critical Village infrastructure.
(a) Trees absorb pollution from the air.
(b) Trees absorb and sequester carbon dioxide.
(c) Trees absorb and filter pollution from stormwater run-off.
(d) Trees produce oxygen.
(e) Trees reduce flooding.
(f) Trees stabilize soils and reduce erosion.
(g) Trees reduce energy consumption by shielding structures from harsh winds and sun.
(h) Trees provide a buffer and screen against noise, light, and pollution.
(i) Trees improve property values.
(j) Trees improve commercial district buyer traffic and purchasing.
(k) Areas with trees have higher levels of community interaction.
(l) Trees provide important habitat for birds and other wildlife; and
(m) Trees protect and enhance our quality of life.
(4) Trees provide the Village collective benefits that extend beyond property boundaries throughout the entire Village.
(5) Recognize that some trees may have a condition that constitutes a threat, danger, or nuisance to the public or property within the Village or may be dangerous to the health of other trees and vegetation in the Village.
(6) Disclaimer of liability. Nothing contained in this Code shall be deemed to impose any liability upon the village, its officers, agents or employees, nor to relieve the owner of any private property from the duty to keep any tree, shrub or plant upon any area abutting his/her or its property or under his/her or its control in such condition as to prevent it from constituting a hazard or an impediment to travel or vision upon any street, alley or public place within the village.
(B) Definitions: The following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCEPTABLE TREE SPECIES: | A species of tree suitable for planting along streets and not specified as unacceptable/not approved. |
ARBORICULTURAL STANDARDS MANUAL: | ANSI Z-133.1 Standards: American National Standards Institute safety standards for tree care operations and ANSI A300: American National Standards Institute standard practices for tree care operations.> |
ARBORIST: | One who is versed in the art and science of arboriculture, including tree surgery, the prevention and cure of tree diseases and the control of insect pests. |
CANOPY: | The upper portion of a tree sometimes called the crown. This section of the tree usually contains branches and leaves. |
CERTIFIED ARBORIST: | A professional who is certified through the International Society of Arboriculture as possessing the technical competence through experience and related training to provide for or supervise the maintenance of trees and other woody plants in the residential, commercial, and public landscape. |
CODE: | The Village Code of Ordinances of the Village of Willowbrook, DuPage County, Illinois, or any of its adopted codes. |
CONTRACTOR: | A person, company or organization employed to supply the necessary skills and services in trimming, removing, cabling and maintenance of trees and shrubs. |
COUNTY: | DuPage County, Illinois. |
EMERALD ASH BORER (EAB): | A destructive, non-native insect pest that attacks ash trees. |
HAZARDOUS TREE: | Any tree deemed a public hazard by the village's public works employee or certified arborist. The hazardous tree may present possible or potential physical damage to person or property or biological danger to adjacent trees through transmittable disease or insect infestation. |
INFRASTRUCTURE: | The basic underlying framework or features that provide collective services, including but not limited to roads, water and sanitary lines, storm sewers, bioswales and trees. |
LARGE STATURE TREE: | Those trees which attain a mature height of greater than twenty-five feet (25') and mature width of greater than thirty feet (30'). |
LOW-GROWING TREE: | Those trees that attain a mature height of 25 feet or less. See Small stature tree. |
MAINTENANCE: | The pruning, mulching, watering, cabling/bracing, fertilization, and pest management practices necessary for plant/tree/shrub growth. |
OVERHEAD UTILITY: | Any streetlight, telephone, communications, cable TV, primary or secondary electrical distribution line that is above ground. |
PERSON: | Any person, firm, partnership, association, corporation, company, or organization of any kind except for a public utility. |
PRIVATE TREE: | Any tree located on private property. |
PROHIBITED TREE SPECIES: | Those tree species that, because of their undesirable traits, are prohibited from being planted on the village right-of-way. |
PROPERTY LINE: | The outer edge of a street or highway right-of-way. |
PROPERTY OWNER: | The person, persons, or entity or entities owning a parcel of real property in the Village, as shown by the records of the DuPage County Recorder of Deeds. |
PRUNING: | The removal of specific branches (living or dead) from a tree to improve its structure, its health and/or to maintain safety while allowing for natural growth of the tree. |
PUBLIC HAZARD: | A tree that is unsafe due to a structural defect and poses an unacceptable level of risk to persons and property. |
PUBLIC NUISANCE: | Any tree or shrub which, by reason of its condition, interferes with the use of any public place; is infected with an injurious plant disease; is infested with an injurious insect or other pest; is detrimental to the construction of public improvements; or endangers the life, health, safety, or welfare of the public or its property. |
PUBLIC PLACE: | That part of every street or alley between the lot line and curb and from property line to property line, and any other land owned or controlled by the village. |
PUBLIC TREE: | Any tree located on property belonging to or under the jurisdiction of the village. |
PUBLIC UTILITY: | Any utility company authorized by Illinois State Statute or village franchise agreement to operate within the village. |
RIGHT-OF-WAY: | A strip of land over which the village has the right by ownership or dedication to construct a public street, sidewalk, or use for public utilities. |
RISK: | The likelihood of a conflict or tree failure occurring and affecting a Target and the severity of the associated consequences - personal injury, property damage, or disruption of activities or event and severity of the potential consequences. Determination of Risk is made through a Tree Risk Assessment and Tree Risk Evaluation. |
SHRUB: | A woody plant, smaller than a tree, consisting of several small stems from the ground or small branches near the ground. |
SPACING REQUIREMENTS: | All trees planted along the streets shall conform to the spacing requirements stated in within this Code. |
TARGET: | People, property or activities that could be injured, damaged, or disrupted by a tree. |
TOPPING: | The severe cutting back of branches of a tree to a stub, bud, or a lateral branch not large enough to assume the terminal role to such a degree to remove the normal canopy and disfigure the tree. |
TREE: | Any self-supporting woody plant, together with its root system, trunk, and canopy; growing upon the earth usually with a single or multi-stemmed trunk system. |
TREE RISK ASSESSMENT: | A systematic process to identify, analyze and evaluate tree risk. |
TRIMMING: | See pruning. |
VILLAGE: | The geographical area lying within the municipal boundaries of the Village of Willowbrook, DuPage County, Illinois. |
(C) Enforcement: The Director of Public Works or his/her authorized representative is hereby empowered to superintend and regulate the planting, preservation, protection, removal, and maintenance of trees on or over any street, right-of-way or other public property ("public way") under the jurisdiction of the Village. The Village shall have the right to plant, prune, maintain, and remove any and all plantings in public ways when the Village, in its sole discretion, deems it necessary.
(D) Permit Requirements.
1. Permit required. Excluding Village work, it shall be unlawful to plant, place, trim, remove, treat, damage, cut, tap, carve, transplant, or attach a rope, wire, nail, sign, poster, or any other object to any tree, shrub or other planting in any public way without having first obtained a permit therefor.
2. Application for permit. Applications for a permit shall be made in writing to the director of public works and shall contain such information as the director of public works may, from time to time, require. Application forms shall be available from the director of public works. In the absence of the needed permission, the director of public works or an authorized representative may require the removal of any non-permitted tree, either by the property owner or the Village.
3. Issuance of permit. The director of public works or his/her representative shall issue a permit after a complete application is filed, provided the work to be performed is in compliance with all provisions of this Code. Permits may contain such conditions as the director of public works deems necessary for the proper administration of this chapter and to ensure compliance with this Code.
(E) Planting Standards.
1. Trees shall be planted using best management practices, and shall have a minimum diameter of two inches measured at a distance of six inches above the ground and shall have a continuous single trunk. All trees shall be free from deformity and an indication of undesirable growth characteristics.
2. Trees, when planted, shall be free of infectious disease or insect infestation.
3. The Village may consult with a Certified Arborist for the placement and location of trees in the public right-of-way less than eight feet in width as measured between the sidewalk and curb or edge of the pavement, or fourteen feet (14') between the property line and curb or edge of the pavement, shall be subject to the approval of the director of public works or his designee.
4. Trees within the public right-of-way or within private property for corner lots shall not be planted closer than 30 feet from the property corner adjacent to the street intersection.
5. Spacing of trees shall be as follows unless otherwise approved by the director of public works or his designee. Trees shall be planted:
(a) At thirty-foot (30') intervals from existing trees;
(b) A minimum distance of five feet (5') from driveway aprons measured at the curb or edge of pavement, sidewalks, utility mains and their appurtenances, and utility service lines;
(c) A minimum distance of ten feet from alleyways, streetlight poles and utility poles; and
(d) A minimum distance of 15 feet from any crosswalks or traffic control device.
6. No tree shall be planted where the soil is too poor to ensure the proper growth of such tree.
7. Only low-growing trees that do not exceed twenty-five feet (25') at maturity shall be planted within the public way under overhead utility lines, including service lines.
8. Approved species. Tree species planted in the public way must conform to the public way tree planting list as approved by the director of public works or his designee which are included in planting standards on file with the Village.
(F) Prohibited Species. It shall be unlawful to plant any of the following trees within the public way:
Common Name | Botanical Name |
Common Name | Botanical Name |
Fir | Abies (all species) |
Box Elder | Acer Negundo |
Tree of Heaven | Ailanthus gladiolas |
Hawthorn | Crataegus (var. w/ thorns) |
Russian/autumn | Olive Elaegnus (all species) |
Ginkgo (female var.) | Ginkgo (female var.) |
Walnut | Juglans (all species) |
Juniper | Juniperus (all species) |
Ash | Fraxinus (all species) |
Osage orange | Maclura pomifera |
Mulberry | Morus (all species) |
Spruce | Picea (all species) |
Pine | Pinus (all species) |
Poplar | Populus (all species) |
Black cherry | Prunus serotina |
Douglas fir | Pseudotsuga menziesii |
Bradford pear | Pyrus calleryanan Bradford |
Buckthorn | Rhamnus (all species) |
Sumac | Rhus (all species) |
Black locust | Roninia Pseudoacacia |
Willow | Salix (all species) |
Yew | Taxus (all species) |
Arborvitae | Thuja (all species) |
Hemlock | Tsuga (all species) |
Siberian elm | Ulmus pumila |
Fruit bearing trees | |
(G) Approved Species List.
Autumn blaze maple |
Sugar maple |
Amur maple |
Freeman maple |
Swamp white oak |
Burr oak |
Triumph elm |
Accolade elm |
Kentucky coffee |
American sentry linden |
(H) Tree Trimming. All trees within the public way will be trimmed in accordance with the Arboriculture Standards Manual using best management practices. The trimming of street trees shall be accomplished only by Village employees, those licensed tree care companies contracted by the Village to perform such work, or a public utility.
1. Systematic trimming and pruning shall be carried out to accomplish the following:
(a) Removal of dead branches, seriously damaged branches, and unbalanced branches and limbs.
(b) Remove all lower limbs to a minimum height of fourteen feet (14') on all sides of the tree and uniformly balance the tree structure.
(c) Shaping of young trees so that they will develop a single tall, straight trunk, a strong central framework or branch structure, and a symmetrically balanced crown.
(d) Reasonable removal of limbs that seriously interfere with or hinder the proper development of adjacent public way and/or private trees.
(e) All final cuts shall be "collar cuts" made sufficiently close to the trunk or parent limb, without cutting into the branch or collar or leaving a protruding stub, so that closure can readily begin under normal conditions.
(f) All limbs to be removed shall be cut in such a manner so as to prevent any ripping or tearing of the wood or bark on the parent or remaining stem.
(g) No tree topping shall be allowed.
2. All contractors, utilities or contractors working for utilities shall not use climbing irons in trees on Village public ways for any purpose other than removal of a tree or in an emergency.
(I) Tree Removal.
1. No person shall, without written permission from the director of public works, remove, destroy, break, cut, deface, trim, injure or interfere with any tree, shrub or woody plant growing in any public way.
2. Trees shall be removed from the public way when determined necessary by the director of public works or his designee for reasons of tree health and public safety. Prior to such removal, notice will be given to the resident of the abutting private property stating the reason for the removal. In the event of an emergency, the Village has the authority to remove any tree in the public way without said notice when considered necessary for public safety.
3. Upon the removal of any tree located in a public way, the stumps will be ground to a depth of twelve inches (12") below the existing grade. Stump grindings will be removed, replaced with topsoil, and restored with topsoil and grass seed.
4. Nothing in this section shall serve to prevent other governmental agencies or private utility companies from performing their functions in compliance with local laws, ordinances, franchise agreements, or other agreements approved by the Village.
(J) Overhanging branches-Duty of owner to remove.
1. Definitions. The following words, terms, and phrases, when used in this subsection (J), shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
OWNER: | A person or entity who has a vested interest in the property whether by deed, as beneficiary, or owner in equity. |
PUBLIC WAY: | For purposes of this section only, public way shall mean that are that runs between property lines, is dedicated for public conveyance. |
RIGHT-OF-WAY: | For purposes of this section only, right-of-way shall mean that area that runs between property lines, dedicated for streets. |
2. Removal of overhanging hazard. Any tree or tree limb, shrub or other planting which overhangs any public way or right-of-way in such a way as to impede or interfere with traffic or travel, including safe line of sight, or interferes with any public or Village utility or is dead, decaying or broken and likely to fall on or across any public way or right-of-way, may be determined to be a public hazard by the police chief, director of public works or their designees. Upon such determination, the director of public works or his designee shall serve or cause to be served upon the owner of the premises, a written notice to remove the overhanging branches within twenty-one (21) days. If the police chief, director of public works or their designee(s) determine that the overhanging branches creating the public hazard imminently endangers the safety of the public, the written notice served upon the owner of the premises shall require removal of the overhanging branches within seven (7) days. If upon diligent search, the identity, or whereabouts of the property owner of any real estate containing hazardous overhanging branches cannot be ascertained, the notice provided for in this section shall be posted near the main entrance of the structure on the property or in a conspicuous place on the property. It shall be unlawful for anyone to deface, tamper with or remove the notice from the property where it is posted unless authorized by the Village.
(K) Protection from poles and wires. Any person, company or contractor given the right to maintain poles and wires in the streets, alleys or other public places in the Village shall, in the absence of provisions in the franchise concerning the subject, keep such wires and poles free from and away from any trees or shrubs in any public place, so far as may be possible, and shall keep all such trees and shrubs properly trimmed, subject to the supervision of the Village, so that no injury shall be done either to the poles or wires or the shrubs and trees by their contact.
(L) Protection from gas leaks. Any person or company maintaining any gas pipe in the Village shall, in the absence of provisions in the franchise agreement concerning the subject, keep such pipes free from leaks so that no injury shall be done to any trees or shrubs.
(M) Removal of unauthorized plantings. The Village may remove any unauthorized plantings within any public way without compensation to the owner.
(N) Dutch Elm Disease/Emerald Ash Borer Control.
1. Infected trees were declared a nuisance.
(a) All species and varieties of elm trees (trees of genus ulums) infected with the fungus known as Dutch elm disease (Ceratostomella ulmi) or any ash tree infested with Emerald Ash Borer (Agrilus planipennis Fairmaire) as determined by the Village or its arborist, are hereby declared to be a public nuisance. All such trees shall be removed within 30 days following notification of such infection or infestation. It is unlawful for any person, as the owner of the property in question whereon such a tree is situated, to possess or keep such a tree after the expiration of the 30-day period following notification of the infection or infestation on their property.
(b) All species and varieties of ash or elm trees that are dead or substantially dead, or parts thereof, which, because of their condition or location, may serve as a breeding place for the European elm bark beetle (Scolytus multistriatus), the native elm bark beetle (Hylurgopinus rufipes), and the Emerald Ash Borer (Agrilus planipennis Fairmaire), are hereby declared to be public nuisances.
(O) Owner's duty to remove diseased trees. It shall be unlawful for any owner of any lot or parcel of land in the Village to permit or maintain on any such lot or parcel of land any ash, elm or parts of which, as provided in this section, is a public nuisance, and it shall be the duty of any such owner to promptly remove and properly dispose of any such trees, and parts thereof, under the supervision and direction of the Village Administrator or his duly authorized representative.
(P) Right of entry; inspection by Village. In order to carry out the purposes of this section and to implement the enforcement thereof, the Village Administrator, or his/her designee, is hereby authorized and empowered to enter upon any lot or parcel of land in the Village at all reasonable hours for the purpose of inspecting any ash and elm trees or parts thereof, situated thereon, upon obtaining the consent of any person in lawful possession of the subject property or upon obtaining a court order authorizing entrance onto the subject property.
(Q) Removal of violating specimens by Village. The Village may remove such specimens from any tree as required for the purposes of laboratory analysis or to determine whether such tree, because it is dead or substantially dead, may serve as a breeding place for Emerald Ash Borer, European elm bark beetle and the native elm bark beetle.
(R) Interference with Village personnel. It shall be unlawful for any person to take any action to prevent the Village or its duly authorized representative, from entering on any lot or parcel of land in the Village for the purpose of inspection, or to interfere with the Village, or such representative, in the performance of any of its duties provided for under the provisions of this section.
(S) Notice to remove. If upon laboratory analysis of specimens removed from any ash or elm trees by the Village, it is determined that such tree is a public nuisance as provided in this section, or if the Village determines that any dead, or substantially dead ash or elm trees, or parts thereof, is a public nuisance as provided by this section, the Village shall cause notice to be personally served or sent by certified mail to the person to whom was sent the tax bill for the general taxes for the last preceding year on the lot or parcel of land on which such ash tree, elm tree, or parts thereof, is located. Such notice shall identify the property, by common description, the tree or trees affected, and shall contain a request that such tree or trees be removed. In addition, such notice shall contain a copy of this section and any amendments thereto.
(T) Contesting analysis-Request for additional analysis. The person upon whom notice is served under this section 4-6-4 have ten days within which to contest, in writing, the analysis provided for in this section and request that an additional sample be taken and an analysis be made by an independent laboratory engaged in the determination of the presence of Dutch elm disease or Emerald Ash Borer.
(U) Procedure. The contest and request for an additional analysis under this section 4-6-4 shall be made by filing a statement in writing with the office of the Village Administrator, setting forth the name and address of the independent laboratory chosen by the contesting party to conduct such test. The contesting party shall select a laboratory from a list of qualified laboratories on file in the office of the Village Administrator.
(V) Results of additional analysis. If, as a result of the independent laboratory analysis provided for in this section, it is determined that the tree in question is a public nuisance as defined in this section, the Village Administrator or his/her designee shall so advise the contesting party, in writing, and require that such party comply with the provisions of this section.
(W) Removal of diseased or infected trees from Village property. Any ash tree, elm tree or parts thereof, on property owned by the Village, which is declared a public nuisance as provided by this section, shall promptly be removed and properly disposed of under the supervision of the Village Administrator, or his/her duly authorized representative, at the expense of the Village.
(X) Appeals. Appeals of decisions by the Village Administrator or his/her authorized representative, or to penalties imposed after violations of this section, shall be heard by the Village Board.
(Y) Penalties. Any person violating the provisions of this section shall, upon a determination of liable, be fined in an amount not to exceed Seven Hundred Fifty Dollars ($750.00). (Ord. 23-O-29, 12-18-2023)