§ 152.025 LANDSCAPING.
   (A)   All improved areas within the dedicated street area or other public use areas shall be graded and seeded in an approved manner.
   (B)   Trees shall be planted within the right-of-way throughout the entire subdivision. The trees shall be of the following:
(1)   LINDENS
(2)   OAKS
(3)   OTHERS
American
Red Oak
Hackberry
Redmond
Burr Oak
Honeylocust
Greenspire
White Oak
Ginkgo
(4)   MAPLES
(5) ASH
Sugar Maple
White
King Crimson Maple
Green
Red Maple
Emerald (Seedless)
Cleveland Maple
Emerald Lustre
Red Sunset
 
   (C)   All trees shall be of a diameter of not less than two inches and the developer shall furnish certification that said trees are free from disease under the state Plant Inspection Department of Standards. The trees shall be transplanted stock with the transplanting thereof having been done within four years from the date of the recording of the subdivision. Trees when so planted shall be only of one specie between two intersecting streets.
   (D)   In any circumstances where trees cannot be planted, whether due to adverse weather conditions or for other just cause, by the developer of the subdivision, an amount of funds, determined by the village to be sufficient to cover the costs of purchase and planting of such trees in compliance with this section. Shall be deposited with the Village Treasurer. The fees will be in accordance with current fee schedule.
      (1)   If the developer has not planted such trees within a reasonable period of time, the village may notify the owner of the lot, for which the developer placed such funds in escrow, or the amount in the escrow, and if the owner of that lot causes trees to be planted, in conformity with this section, the village may reimburse such lot owner, from the escrow, up to the amount of money placed into the escrow for that lot.
      (2)   If after one year after the deposit of such funds into the escrow, neither the developer nor lot owner have planted trees in the public right-of-way for such lot, then the village shall notify both the developer and the owner of the lot, that if a tree is not planted on the public right-of-way of such lot within 30 days, that the escrow shall be forfeited to the village, and the village may, at its election, either use such funds held in the escrow to plant a tree on the public right-of-way for that lot or, in any public place within the village.
(Ord. 1995-0-25, passed 12-26-95)