As used in this chapter, unless the context or subject matter otherwise
requires, the following terms shall have the meanings indicated:
PARK TREE
Any tree, shrub, bush or other woody vegetation in public parks having
individual names and all areas owned by the village or to which the public
has free access as a park.
STREET TREE
Any tree on land lying between property lines on either side of all
streets, avenues or ways within the village.
SUBSTANTIAL ALTERATION
Any cutting, pruning, elevating or other alteration of the habit
of a tree which impairs or endangers the life of such tree or destroys its
natural symmetry, and shall include, but is not limited to, heavy or unnecessary
cutting of top branches ("topping").
TREE
Any woody plant which is eight inches or more in diameter at a height
of three feet above the base of the trunk, including its root system and the
environment within the area of it outermost branches.
No person, firm, association or corporation shall plant any tree between
the property line and curbline of any street or highway within the village
without obtaining a permit from the Village Clerk. The application for a permit
shall state the size, species, spacing and location of the tree to be planted,
which items must meet the specifications on file with the Department of Public
Works. The Village Clerk may not issue a permit unless the application has
been reviewed and approved by the Supervisor of Public Works. Such tree specifications
shall be reviewed and determined annually by the Board of Trustees after consideration
and review of the findings, report and recommendations of the Tree Committee.
Any tree planted pursuant to this section shall become the property of the
village.
No street tree shall be planted closer than 25 feet to any street corner,
measured from the point of nearest intersecting curbs or curblines. No street
tree shall be planted closer than 10 feet to any fireplug.
No street tree shall be planted over or within five lateral feet of
any underground waterline, sewer line, transmission line or other utility.
The village shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds. The village may also remove or cause or order to be removed any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, waterlines or other public improvements or is infected with any injurious fungus, insect or other pest. This section shall not prohibit the planting of street trees by adjacent property owners provided that a license is obtained in accordance with §
212-3 of this chapter.
It shall be the responsibility of the owners of trees on private property
to prune the branches so that such branches shall not obstruct the light from
any street lamp or obstruct the view of any street intersection and so that
there shall be a clear space of eight feet above the surface of the street
or sidewalk. Said owners shall also remove or cause the removal of any dead
or diseased trees or broken or decayed limbs when such trees or limbs constitute
a hazard to life and property or harbor insects or disease which constitutes
a potential threat to other trees within the village. The pruning or removal
of trees must be performed by the owner, at such owner's expense, within 30
days of written notification from the Supervisor of Public Works.
All stumps of street and park trees 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.
It shall be unlawful for any person to prevent, delay or interfere with
any officer, employee or agent of the village while engaging in and about
the planting, cultivating, mulching, pruning, spraying or removing of any
street or park trees.
Violation of any provision of this chapter shall constitute a violation punishable as provided in Chapter
1, §§
1-18 and
1-19 of this Code.