The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The Prospect Hill Cemetery.
Those trees attaining a height greater than 45 feet at maturity.[1]
Those trees attaining a height greater than 30 feet but less
than 45 feet at maturity.[2]
All Village parks having individual names, being Log Cabin
Park, Southside Park, Clisbee Park and Don Home Park.
The description of record as shown by the property tax records
of the Village.
All other grounds owned or controlled by the Village.
All shade and ornamental trees, shrubs, bushes, and all other
woody vegetation, growing in any street right-of-way, public park,
cemetery or other public places.
Those trees attaining a height of less than 30 feet at maturity.[3]
The entire width of every public way or right-of-way, including
alleys, when any part thereof is open to the use of the public for
vehicular and/or pedestrian traffic.
Lying between the property line and that portion of the street
or highway usually used for vehicular traffic.
The Village Manager or his designee shall have the power and
control over all public trees within the boundaries of the Village.
This power shall be limited by the Constitution and laws of the United
States and the state and the language of this chapter.
The Village Manager shall have the power to administer this
chapter. The Village Manager shall also have the power to promulgate
and delegate the responsibilities established by this chapter. The
Village Manager shall also have the power to draft suggested changes
and additions to both this chapter and the tree schedule and recommend
that the Village Council approve such suggested changes and additions.
A.Â
No person shall plant any tree on private property within the Village
unless the distance from the center of the trunk of such tree to the
nearest street right-of-way line measures 10 feet or more.
B.Â
No person shall plant on private property within the Village any
small trees within six lateral feet of any underground water line,
sewer line, transmission line or other utility.
C.Â
No person shall plant on private property within the Village any
medium trees within seven lateral feet of any underground water line,
sewer line, transmission line or other utility.
D.Â
No person shall plant on private property within the Village any
large trees within eight lateral feet of any underground water line,
sewer line, transmission line or other utility.
The owner of any tree overhanging any street right-of-way within
the Village shall 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 seven
feet above the street or sidewalk. Such owner shall remove all dead,
diseased or dangerous trees, or broken or decayed limbs, that constitute
a menace to the safety of the public. The Village shall have the right
to prune any tree or shrub on private property when it interferes
with the proper spread of light along the street from a streetlight,
or interferes with the visibility of any traffic control device, or
to remove any tree that negatively and dangerously affects a municipal
water main, storm sewer main or sanitary sewer main.
The Village Manager shall have the right to cause the removal
of any dead or diseased trees on private property within the Village,
when such trees, or parts thereof, constitute a hazard to life and
property, or harbor insects or disease, that constitute a potential
threat to other trees within the Village.[2]
