For the purposes of this chapter, the following
terms, phrases and words shall have the following meanings:
APPLICANT
The owner, contract vendee or lessee of real property or
its duly authorized agent.
ARBORIST
A specialist in the planting and maintenance of trees appointed
by the Board of Trustees to administer this chapter.
HABITAT
The natural growing characteristics of any tree or specimen
tree, which includes branch spread and distribution, branch height
above ground and root spread and distribution.
PERSON
Any resident of the Village or any individual, firm, partnership,
association, corporation, company, public agency, public utility or
organization of any kind or agent thereof.
REAL PROPERTY
Includes all unimproved and improved real property within
the Village.
SPECIMEN TREE
Any living, woody plant of the following species:
A.
Deciduous trees.
[Amended 10-28-2014 by L.L. No. 3-2014]
|
Beech (Fagus), American species and European species and its
cultivars
|
|
Birch (Betula), all species, 20 inches in circumference or more
|
|
Coffee-tree (Gymnocladus dioica)
|
|
Elm (Umus), American and English species
|
|
Flowering cherry (Prunus), any Japanese species or cultivar,
20 inches in circumference or more
|
|
Flowering crabapple (Malus), any species or named cultivar,
20 inches in circumference or more
|
|
Flowering dogwood (Cornus), American or Chinese species, 20
inches in circumference or more
|
|
Hawthorn (Crataegus), any species or named eultivar, 20 inches
in circumference or more
|
|
Hickory (Carya), any species
|
|
Honey locust (Gleditsia), any named cultivir (not the species)
|
|
Hornbeam (Carpinus), all species, 20 inches in circumference
or more
|
|
Horse chestnut (Aesculus), all species
|
|
Japanese maple, 12 inches in circumference or more
|
|
Japanese pagoda tree (Sophora japonica)
|
|
Linden (Tifia), all species and cultivars
|
|
Magnolia (Magnolia), all species, 20 inches in circumference
or more
|
|
Maidenhair tree (Ginkgo biloba)
|
|
Maple (Acer), all species and cultivars, excluding Boxelder
(Acer negundo) and Norway maple (Acer platanoides)
|
|
Mountain ash (Sorbus), any species, 20 inches in circumference
or more
|
|
Oak (Quercus), all species
|
|
Phellodendron amurense, 20 inches in circumference or more
|
|
Plane-tree (Platanus), both American and London planes
|
|
Sassafras (Sassafras albidum)
|
|
Serviceberry (Amelmichier), all species
|
|
Sorrell tree or sourwood (Oxydcndrum arboreum),. 20 inches in
circumference or more
|
|
Sweet gum (Liquidambar styraciflua)
|
|
Tulip-tree (Liriodendron tulipifera)
|
|
Tupelo (Nyssa sylvatica), also known as "black gum," "sour-gum"
and "pepperidge" Walnut (Juglans nigra)
|
|
Yellowwood (Cladrastis lutea), 20 inches in circumference or
more
|
|
Zelkova (Zelkova japonica)
|
B.
Evergreen trees.
|
Arbor vitae (Thuja occidentalis), American arbor
vitae Cedar (Cedrus), all species
|
|
Douglas fir (Pseudotsuga menziesii)
|
|
False cypress (Chamaecyparis), all species and
cultivars
|
|
Firs (Abies), all species
|
|
Hemlock (Tsuga), Canadian and Carolina species
and cultivars, 20 inches in circumference or more
|
|
Holly (Ilex), all species, 20 inches in circumference
or more
|
|
Pines (Pinus), all species
|
|
Spruce (Picea), all species
|
|
Yew (Taxus), all species, hybrids and cultivars
|
C.
Shrubs, evergreen.
|
Mountain laurel (Kalmia latifolia), three inches
in circumference or more
|
|
Rhododendron (Rhododendron), all species, hybrids
and cultivars, three inches in circumference or more
|
SUBSTANTIAL ALTERATION
Any cutting or drastic pruning or elevating the habitat of
a tree or specimen tree which impairs, destroys or endangers the life
of such tree or specimen tree or its natural symmetry, and shall include
but shall not be limited to heavy or unnecessary cutting of top branches
and cutting of major lower limbs.
[Amended 10-28-2014 by L.L. No. 3-2014]
A. It shall be unlawful for any person without a permit to remove, destroy
or substantially alter the habitat of any tree specified below located
on any real property within the Village, or to cause such removal,
destruction, or substantial alteration:
(1) Any specimen tree having a circumference equal to or greater than the size specified in §
191-2, or greater than 38 inches if the size is not specified, which circumference is measured four feet six inches above ground level.
(2) Any nonspecimen tree that is 38 inches or more in circumference,
measured at any point at or below four feet six inches above ground
level.
B. No specimen tree named in §
191-2, irrespective of dimensions, may be removed or destroyed within 20 feet of a side or rear yard boundary or within 30 feet of a front yard boundary. The habitat of such tree may not be altered within 20 feet of a side or rear yard boundary or within 30 feet of a front yard boundary.
C. The following trees and shrubs shall not be planted or established
after October 31, 2014:
|
Tree:
|
|
Ash (Fraxinus) all species
|
|
Black locust (Robina pseudoacacia)
|
|
Norway maple (Acer platanoides)
|
|
Boxelder (Acer negundo)
|
|
Bradford pear (Pyrus calleryana)
|
|
Shrubs:
|
|
Burning bush (Euonymus alatus)
|
|
Japanese barberry (Berberis thunbergii)
|
|
Nonclumping bamboo
|
D. This chapter shall not apply in any emergency situation in which
the removal, destruction or substantial alteration of any specimen
or nonspecimen tree is necessary to prevent imminent danger to human
life or property or to the removal of dead trees, removal, destruction
or substantial alteration of the habitat of any specimen or nonspecimen
tree accomplished pursuant to customarily accepted ornamental or therapeutic
practices or to the growing stock of nurseries which is to be sold
at retail or wholesale. 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.
The application fee for the removal of any tree(s) shall be as required in Chapter
112, Fees and Deposits.
The Arborist may require the planting on private
property of the same species or an agreed-upon alternate species of
specimen or nonspecimen trees which are as nearly comparable in type
and size as practical to the specimen or nonspecimen trees to be removed,
destroyed or affected by the alteration, when the individual character
of the specimen or nonspecimen trees or the ecological setting requires
special consideration, as a condition for the issuance of a permit
for removal, destruction or alteration. The location for planting
of the replacement specimen or nonspecimen trees shall be specified
prior to issuance of the permit for removal.