7-4-6: TRIMMING OR REMOVING TREES:
   A.   Systemic trimming and pruning shall be carried out to accomplish the following and shall comply with the latest International Society of Arboriculture specification or other nationally recognized standard both for time of year and method and shall be completed by or under the supervision of an ISA Certified Arborist or other nationally recognized tree care certification. Any party conducting, trimming, pruning, or removal of Village trees must meet then current commercial general liability, auto, and workers compensation insurance coverage requirements as defined by the Village’s commercial insurance provider.
      1.   Removal of dead branches, seriously damaged branches and unbalanced branches and limbs.
      2.   Gradual removal of lower branches to provide a minimum overhead clearance of eight feet (8') over sidewalks and fourteen feet (14') over streets.
      3.   Shaping of young trees so that they will develop a single tall straight trunk, a strong central framework or branch structure and symmetrical balance crown.
      4.   Reasonable removal of limbs that seriously interfere with or hinder the proper development of adjacent public way and/or private trees.
   B.   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.
   C.   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 that tree or in an emergency.
   D.   Upon the removal of any tree located in a public way, the stump 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. The area shall then be restored by placing four inches (4") of topsoil and seeded.
   E.   Any tree, limb of a tree, shrub, or other planting which overhangs any public way in such a way as to impede or interfere with traffic or travel or interferes with any public or Village utility or is dead, decaying or broken and likely to fall on or across any public way, shall be removed or trimmed by the owner of the property on which such tree stands or grows. Where the owner has been properly notified of such hazard, and fails to remove same within a specified time the Village may remove the hazard, at the owner's expense. The failure of any owner to pay said expense when due shall constitute a violation of this Code.
   F.   When a planned construction project is occurring that may impact Village owned trees, the following steps shall be taken:
      1.   A tree protection fence shall be installed prior to the commencement of grading or construction and located so as to protect the critical root zone of all trees designated for protection by the Village. Said fence shall be located no closer to each tree to be preserved than at the outside edge of each tree's "critical root zone" or as confirmed by the Village.
      2.   Tree protection fencing shall consist of brightly colored plastic mesh or snow fencing a minimum of forty eight inches (48") in height. It shall be securely attached to metal fence posts that are driven into the ground and that are spaced no more than eight feet (8') apart.
      3.   No encroachment, grading, trenching, filling, compaction, waste dumping, concrete washout, change in soil chemistry, or storage of materials, equipment or vehicles shall occur within the fenced areas.
      4.   When roots two inches (2") in diameter and greater must be severed, the ends shall be cut cleanly with a saw under the supervision or direction of an arborist certified by the International Society of Arboriculture. If the roots are accidentally broken or crushed, the root shall be saw cut above the ragged end. In all cases, the cut roots shall be immediately buried, mulched, or otherwise kept moist to preserve viability.
      5.   Tree protection fencing shall remain in place until the completion of construction, as determined by the Director of Public Works or designee.
   G.   In the event existing Village owned tree(s) need to be removed for a planned construction project, which is not a Village project, the Village shall review the tree(s) to be removed and determine the appropriate replacement value, which shall not exceed the value found in the International Society of Arboriculture Tree Valuation Guide.
   H.   In the event an existing Village owned tree is damaged or destroyed without prior approval, or as the result of an accident, the responsible party shall reimburse the Village for the value of the tree which shall not exceed the value found in the International Society of Arboriculture Tree Valuation Guide. The responsible party shall also be subject to penalties as set forth in Section 7-4-8 herein. (Ord. 2001-07, 3-22-2001; amd. Ord. 2019-41, 9-19-2019; Ord. 2023-1, 1-19-2023)