[HISTORY: Adopted by the Board of Trustees of the Village of Hamburg 2-18-1997. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 182.
Subdivision of land — See Ch. 207.
Zoning — See Ch. 250.
The purpose of this policy is to provide for the progressive management of the urban forest on public land and, if advantageous, on private land in the Village of Hamburg, pertinent to planting, removing, replanting, pruning, nurturing and protecting trees, as well as protecting the structures around trees, with thoughtful regard for balance between aesthetics and practicality.
Village residents and business people acknowledge the beauty and attractiveness of tree-lined streets and shaded parks. They appreciate enhanced property values created by the fullness of mature trees along the right-of-way, sometimes called "curb appeal." They are aware of the environmental advantages of gas-absorbing, noise-suppressing foliage on busy streets, but they also recognize that street trees can interfere with utility services and sound sidewalks. Common sense dictates that any successful community tree plan must accommodate the need to beautify and to preserve service.
A. 
The Village of Hamburg Department of Public Works is authorized to manage all aspects of this policy with regard to plantings in the area known as the right-of-way, development strip, tree lawn or street lawn. Plantings in parks, gardens and other public places will be managed by the Department of Public Works and the Parks and Recreation Department. Street medians will be treated in the same way as the right-of-way.
B. 
The Environmental Commission is authorized and requested to devise and submit an annual planting plan to the Village Board prior to budget preparation time.
C. 
The Village Board will budget and expend funds annually to ensure the proper management of trees in public places and, if needed, on private property.
D. 
The expenditure of funds for tree management under this policy may include the cost of materials, equipment and labor required to produce the most efficacious results.
E. 
Trees removed for cause from public places must be replaced in a timely (normally two years) and thoughtful manner and in accordance with this policy, or the property owner nearest the removed tree must be notified that the tree will not be replaced because of the restrictions in Subsection F.
F. 
Location, spacing and species of trees to be planted initially of as replacements for trees removed will be determined by the restrictions imposed by the proximity of utility equipment, immediate environment of the site, growth characteristics of the trees and the desired aesthetic effect.
G. 
Trees may be planted in the street lawn of streets which previously had no trees planted in the street lawn of those streets, curbed or uncurbed.
H. 
Trees may be planted on privately owned land adjacent to the right-of-way, when the planting serves the best interests of the village plan and when a proper easement has been executed. (Appendix B)[1]
[1]
Editor's Note: Appendix materials are on file in the village offices.
I. 
No person shall plant any tree or trees in any street in the village, except at such place or places, and in such manner as may be directed by the Board of Trustees.[2]
[2]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
J. 
Under this policy, suitable street trees shall be those named in Appendix A,[3] and they shall be bare root, approximately two to three inches caliper-measured and have their initial bifurcation or lowest branches at least six feet above ground level. Balled trees may be substituted for bare root trees.
[3]
Editor's Note: Appendix materials are on file in the village offices.
K. 
Trees to be planted in other public places must be those named in Appendix A,[4] but they may be of a larger caliper measurement and have a lower initial bifurcation and may be balled.
[4]
Editor's Note: Appendix materials are on file in the village offices.
L. 
Contractors, builders and developers must plant street trees in accordance with this policy, cognizant of the need to plant one street tree, or more, for each lot developed or redeveloped or an alternate as determined by the Planning Commission.
M. 
General welfare of the community dictates that trees may not be planted:
(1) 
In a street lawn less in depth than four feet, except in the central business district;
(2) 
Within six feet of on-ground or underground individual lot utility equipment;
(3) 
Within eight feet of a sidewalk when a tree is planted by the village on private land;
(4) 
In a location where its expected mature height would be equal to the height of the overhead high voltage wires;
(5) 
Within four feet of a ground or unground stump;
(6) 
Off-center of the determined center of the street lawn;
(7) 
Within six feet of the outer edge of a driveway approach;
(8) 
Within detrimental proximity of an existing healthy tree; nor
(9) 
Within 50 feet of stop signs when planted in the street lawn.
N. 
When a tree is planted under this policy, the person most capable of doing so must be informed in writing that he or she is expected to water and care for the tree according to the instructions in the written notification. (Appendix C)[5]
[5]
Editor's Note: Appendix materials are on file in the village offices.
O. 
Besides emergency or resident-requested pruning, annual pruning of public trees must be scheduled and accomplished by the Department of Public Works, assisted with long-range advisement by the Environmental Commission, and cognizant of the advisability of pruning newly planted trees on a two-year cycle.
P. 
This policy supersedes previous tree replacement policies adopted in 1993 and before, but it does not contradict any village law. (See Appendix D)[6]
[6]
Editor's Note: Appendix materials are on file in the village offices.
Q. 
The Village of Hamburg will continue to remove dead, dying or dangerous trees located in public places, as determined by the Superintendent of Public Works. All others are restrained from removing, planting, pruning or treating trees in public places, as prohibited according to village law.[7] (See also Appendix E for utility company notice)[8]
[7]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[8]
Editor's Note: Appendix materials are on file in the village offices.