[HISTORY: Adopted by the Board of Trustees
of the Village of Flower Hill as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-6-1976 as Art. I of Ch. 76 of the 1976 Code]
No person shall in anywise mutilate, girdle,
cut, injure or destroy any tree or shrub in or upon any street, highway,
parkway or public place in the Village of Flower Hill.
[Amended 11-10-1999 by L.L. No. 3-1999]
No dog or other animal shall be permitted to
stand, walk, vent or run in a manner or at a place where it may cut,
deface, uproot or mutilate or commit a nuisance upon any shade or
ornamental tree, shrub, grass or plants in or upon any public place
or upon any private field, woodland or plot or parcel of land except
by specific permission and consent of the owner of said property;
and no building or other materials or debris of any kind shall be
piled or maintained against any tree or shrub.[1]
[Added 11-10-1999 by L.L. No. 3-1999]
A.Â
Planting, cutting and destruction of trees.
(1)Â
No tree, shrub or plant shall be planted in or upon
any road, street, parkway, highway or other public place in the Village
of Flower Hill until a permit therefor has been issued by the Village
Clerk or Village Clerk-Treasurer.
[Amended 11-6-2000 by L.L. No. 3-2000]
(2)Â
No stem, branch, leaf, fruit, berry, flower or seed
of any tree, shrub or flower on any such road, street, parkway, highway
or public place shall be cut, broken or destroyed; nor shall the root
of any such tree, shrub or plant be destroyed or interfered with in
any way by any individual or by any officers, servants or employees
of a public or private corporation until a permit shall have been
issued therefor by the Village Clerk or Village Clerk-Treasurer.
(3)Â
Permits under the provisions of this section of this
chapter may be issued by the Village Clerk or Village Clerk-Treasurer
without charge upon application being made therefor in writing.
B.Â
On any corner lot, no wall, fence or other structure
shall be erected or altered and no hedge, tree, shrub or other growth
shall be maintained so as to obscure the view and create a dangerous
traffic hazard. For the purpose of this chapter, a "traffic hazard"
is deemed to be created by any fence, wall or other structure or any
hedge, tree, shrub or other growth maintained on premises located
at road intersections and which fence, wall or other structure, hedge,
tree, shrub or other growth, in the opinion of the Village of Flower
Hill Board of Trustees, so obstructs the view of operators of motor
vehicles as to create traffic hazard. There shall be no planting greater
than two feet high within 30 feet of a corner or greater than three
feet high within 20 feet from the road. All infractions shall be removed;
no grandfathering will be allowed. Trees shall be trimmed to a minimum
of six feet high for visibility.
[Adopted 6-7-1993 by L.L. No. 3-1993]
[Amended 11-10-1999 by L.L. No. 3-1999]
For the purposes of this chapter, the following
terms shall have the following meanings:
Any tree that loses its leaves annually after the growing
season, including but not limited to the following:
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Beech
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Birch
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Chestnut
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Crabapple
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Dogwood
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Elm
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Fig
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Hornbeam
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Linden
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Maiden Hair
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Maple
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Pear
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Plum
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Silverbell
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Willow
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Any nondeciduous tree, including but not limited to the following:
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Douglas Fir
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Fir
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Holly
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Pine
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Spruce
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Cryptomeria
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The circumference of a tree trunk, measured anywhere four
inches to six inches above the ground-level base of the tree.
The natural growing characteristics of a tree, including
branch spread and distribution, root spread and distribution and aboveground
branch height.
May be deciduous or evergreen. Usually grown in a prominent
position to be viewed from all angles for the beauty of its flower,
color or natural growth pattern.
Any cutting or drastic pruning or altering the grade around
the habitat of a tree or specimen tree which impairs, destroys or
endangers the life of such tree or specimen tree or destroys its natural
symmetry, including but not limited to heavy or unnecessary cutting
of top branches or of major lower limbs of a tree or specimen tree.
In any event, the removal of more than 50% of a tree's crown or limbs,
or any cutting or trimming that would be deemed substantial by industry
standards (ANSI), shall be a substantial alteration.
[Amended 7-1-2013 by L.L. No. 7-2013]
[Amended 11-10-1999 by L.L. No. 3-1999]
A.Â
The owner or person in control of a premises shall
keep the trees in the sidewalk area fronting on said premises trimmed
so that overhanging limbs will not interfere with passersby on the
sidewalk or roadway. Such limbs shall be kept trimmed at all times
to allow a passage space of not less than eight feet above the center
of the sidewalk and not less than 13 feet above the roadway, measured
at a point five feet from the curbline. Trees that are dangerous or
interfere with vehicle or pedestrian traffic shall be removed at the
direction of the Board of Trustees.
B.Â
No person who owns, leases, controls or otherwise occupies or possesses
real property in the Village shall, without a permit, cause, suffer,
permit or allow the removal, destruction or the substantial alteration
of the habitat of any tree located on real property in the Village,
nor shall any person or business without a permit remove, destroy
or substantially alter the habitat of any tree located on real property
in the Village if said tree, or any trunk thereof where such tree
has more than one trunk, shall have a diameter, as defined herein,
of the following size, as measured at any point from ground level
to a height of four feet six inches from the ground. In the event
a tree is split, the measurement shall be taken at the point just
below the juncture of the split:
[Amended 6-5-2017 by L.L.
No. 11-2017]
C.Â
This chapter shall not apply in any emergency situation
in which the removal, destruction or substantial alteration of any
tree or specimen tree is necessary to prevent imminent danger to human
life or property. In such event, the permission of the village shall
be obtained prior to removal. This chapter shall not apply to nursery
stock intended for sale.
[Added 11-10-1999 by L.L. No. 3-1999]
A.Â
Private property. Any tree or specimen tree growing
on private real property which is endangering or, in the opinion of
the Board of Trustees or the Building Inspector, constitutes a danger
to a public street or to public places or which in any way endangers
the usefulness of a public utility shall be removed or trimmed by
the owner of the real property within 14 days after receipt of a notice
from the Board of Trustees. In the event that the property owner fails
to remove or trim such tree or specimen tree within said time, the
Board of Trustees may then remove or trim said tree or specimen tree
and assess the cost thereof against the property owner.
B.Â
Public property. Nothing herein shall limit the authority
of the Building Inspector or his designee to remove or alter any tree
or specimen tree he deems necessary to protect the health, safety
and welfare of the village residents.
[Amended 12-1-2014 by L.L. No. 3-2014]
Where a building permit has been issued for
the erection, alteration or modification of a structure, or a subdivision
or an approved site plan has been granted, a permit shall be required
for the removal of such trees.
A.Â
An application for a permit hereunder shall be made
to the village upon forms provided therefor, and shall include, but
not be limited to, the following information:
[Amended 11-10-1999 by L.L. No. 3-1999]
(1)Â
Name and address of applicant.
(2)Â
Relation of applicant to subject property.
(3)Â
Where substantial alteration of a tree is undertaken, the property owner shall be required to submit an affidavit stating that he or she is aware that such alteration may be detrimental to the health of the tree and that if upon review by Village personnel following the next growth season the tree does not survive, the property owner shall be subject to a fee for the removal of a live tree and must replace the tree in accord with § 219-9.
[Added 7-1-2013 by L.L. No. 7-2013]
B.Â
The decision of the Board of Trustees shall be based
upon the following criteria:
[Added 11-10-1999 by L.L. No. 3-1999]
(1)Â
The condition of the trees or specimen trees with
respect to disease and danger of falling, proximity to existing or
proposed structures and interference with utility services.
(2)Â
The necessity of the removal or alteration of the
tree or specimen tree in question.
(3)Â
The effect of the removal or alteration thereof on
ecological systems.
(4)Â
The character established at the proposed site of
removal or alteration with respect to existing vegetation management
practices.
(5)Â
The impact of any removal or alteration upon existing
screening or any road or highway bordering the property.
C.Â
A permit issued hereunder shall specify the date of
its expiration, which shall not exceed one month.
[Amended 5-4-2009 by L.L. No. 6-2009]
D.Â
An application fee in the sum set forth in Chapter A243, Fees, Charges and Deposits, shall accompany an application for a permit hereunder.
[Amended 11-10-1999 by L.L. No. 3-1999]
E.Â
Board of
Trustees approval. In addition to the above requirements, no tree
shall be removed from a Village right-of-way without approval from
the Board of Trustees.
[Added 4-5-2010 by L.L. No. 4-2010]
[Amended 11-10-1999 by L.L. No. 3-1999; 4-5-2010 by L.L. No. 3-2010]
A.Â
The Board
of Trustees may require the planting of the same or an agreed upon
alternate species of trees or specimen trees which are as nearly comparable
in type and size as practical to the trees or specimen trees to be
removed, when the individual character of the trees or specimen trees
or the ecological setting requires special consideration, as a condition
for the issuance of a permit for removal. The location for planting
of the replacement trees or specimen trees shall be specified by the
Board of Trustees prior to issuance of the permit for removal.
B.Â
Bond. A surety bond or deposit in the sum set forth in Chapter A243, Fees, Charges and Deposits, shall be posted by each applicant to guarantee the reimbursement to the Village for any costs incurred as a result of the Village being required to replace a live tree or trees following the applicant's failure to do so. The amount of the required bond or deposit may be changed from time to time by resolution of the Board of Trustees as the Board of Trustees deems necessary. The Village shall be permitted to execute said bond, or use the amount of the deposit, when an applicant fails to replace a live tree or trees within 60 days of a direction by the Board of Trustees for the tree or trees to be replaced.
[Amended 3-1-2010 by L.L. No. 1-2010]
An inspection fee as listed in Chapter A243 of the Code, as may be determined from time to time by the Board of Trustees, shall be required for a permit to remove any tree that is, in the determination of the Board of Trustees, either dead or dying or in such diseased condition that it cannot be returned to acceptable health or one that creates a condition that is dangerous or detrimental to the welfare of the Village or any property thereon.
The removal, destruction or substantial alteration
of the habitat of each tree that is removed, destroyed or of which
the habitat has been substantially altered, or the failure to replace
as directed each tree hereunder required to be replaced, in violation
of this chapter, shall constitute a separate violation pursuant to
this chapter.
[Amended 11-10-1999 by L.L. No. 3-1999; 11-6-2000 by L.L. No. 3-2000; 6-5-2017 by L.L. No. 11-2017]
A.Â
The penalty upon conviction for a violation of any provision of this
chapter shall result in a fine as follows:
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Fine Class
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A
(inches)
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B
(inches)
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C
(inches)
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Specimen
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2.5 to 10.4
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10.5 to 20
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20+
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Evergreen
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4.5 to 12.4
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12.5 to 20
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20+
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Deciduous
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7.5 to 15.4
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15.5 to 24
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24+
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Minimum fine
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$1,000
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$2,500
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$5,000
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Maximum fine
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$2,500
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$5,000
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$7,500
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B.Â
Each tree removed or altered in violation of this chapter shall be
treated as a separate offense.
C.Â
In addition, such person or entity convicted of an offense under
this section shall be required to replace, in kind, each and every
protected tree cut down or destroyed. In the event a tree was so large
and mature that it cannot be replaced, the court may require the planting
of multiple trees. Further, in the event the subject property has
insufficient area for replanting, the court may direct that the replanting
occur in a location on Village property as determined by the Village.
Any replanting shall be conducted in the following manner: A person
or entity required to replant trees shall submit a proposed planting
plan for review by the Village Building Department and Arborist. Planting
shall then be made in accord with such plan once approved by the Village
Building Department and Arborist.
[Added 11-7-2022 by L.L. No. 16-2022]
A.Â
No tree removal shall be permitted on Saturdays or Sundays.
