[HISTORY: Adopted by the Village Board of the Village of Fremont by Ord. No. 96-7 as Secs. 8.13 and 8.15 of the 1986 Municipal Code. Amendments noted where applicable.]
It is the intent of this chapter to promote and protect the public health and safety by regulating tree planting, pruning and removal.
The following terms shall have the meanings indicated in this section:
PERSON
Any individual or entity.
PUBLIC AREA
Land owned, controlled or leased by the Village, including, but not limited to, road rights-of-way, terraces and park lands.
PUBLIC NUISANCE
A. 
COMMUNICABLE DISEASEAny potentially fatal disease infecting trees growing on either public or private property that is capable of infecting other trees within the Village.
B. 
HAZARDOUS TREESAny tree that displays a loss in structural integrity, limbs and/or trunk so as to represent a danger to the general public.
C. 
INSECT INFESTATIONSExisting insect populations that severely threaten the life of a tree and have the potential to spread and cause damage to other trees within the Village.
TERRACE
The area between the sidewalk and street or, where there is no sidewalk, the area between the right-of-way line and the street.
TREE
Any woody plant which reaches a mature height taller than 15 feet.
A. 
Composition. The Fremont Tree Board shall be comprised of individuals residing in the Fremont area, and they shall be confirmed by the Village Board.
B. 
Term of office. The term of office is three years.
C. 
Compensation. No compensation shall be paid to members for their services, but they may be reimbursed for actual and necessary expenses incurred in performing duties outside the Village if so authorized by the Village Forester.
D. 
Duties and responsibilities. The Fremont Tree Board shall be responsible for reviewing and making recommendations on urban forestry management policies, urban forestry budgets and community education and awareness programs.
The Director of Public Works shall serve as Village Forester. His responsibilities are as follows:
A. 
The Village Forester shall be responsible for the administration of all maintenance activities, including planting, of all trees growing in public areas and the administration and enforcement of this section.
B. 
The Forester shall keep and maintain and make available copies of the Village tree ordinances, Tree Maintenance Manual and Comprehensive Planting Plan.
C. 
The Forester shall issue and administer permits for the pruning, removal and planting of trees on public areas by the adjacent property owner.
The Village shall have the right, in the interest of public health and safety and pursuant to its police power, to abate public nuisances as defined in this section as follows:
A. 
Abatement order. Upon investigation and determination by the Village Forester that a tree constitutes a public nuisance, the Forester shall cause to be served upon the property owner a written abatement order detailing the nature of the nuisance, the particular trees affected, the method or manner of abatement (including wood disposal) and the date by which such abatement must take place.
B. 
Appeal. If a property owner disputes the abatement order, such owner may appeal the order by filing with the Clerk-Treasurer a written request to appeal the order. Such requests shall be filed within 10 days of service of the abatement order and shall state the basis for the appeal. The appeal shall be heard within 30 days by the Street, Sidewalk and Lighting Committee. Written notice of the date and time of the appeal hearing shall be mailed by the Clerk-Treasurer to the property owner at least 10 days before the hearing. The property owner shall present his basis for the appeal. The Forester shall also appear to respond to the appeal as necessary. The Committee shall affirm, reverse or modify the abatement order. Such decision shall be final and binding upon the property owner.
C. 
Noncompliance. If a property owner fails to comply with the abatement order, or the decision of the Committee upon appeal, the Village may enter upon the property or contract with a third party to enter upon the property to abate the nuisance by removing part or all of the affected tree or trees. The cost of such removal and disposal shall be assessed against the property on which was located the public nuisance.
A. 
Publicly owned trees.
(1) 
Except as provided in Subsection A(7) below, the Village shall maintain any tree growing on public areas.
(2) 
The Village shall utilize those standards for pruning of trees on public property as detailed in the Tree Maintenance Manual.
(3) 
The Village shall routinely monitor and maintain adequate clearance for sidewalk and vehicular travel, traffic signs, lights and other structures.
(4) 
The Village shall routinely survey and remove, or cause to be removed, those limbs of sufficient size to cause either bodily harm or property damage, or that are dead, dying or broken.
(5) 
Utility companies shall notify the Forester prior to the pruning of any tree on a public area for the purpose of maintaining utility line clearance. All pruning shall comply with accepted arboricultural standards for line clearance and the Tree Maintenance Manual.
(6) 
No person shall prune more than 20% and/or remove any tree on a public area without a permit issued free of charge by the Forester. All pruning shall comply with the Tree Maintenance Manual.
(7) 
Any person pruning or removing any tree on a public area shall be held liable to public property as the result of such pruning and/or removal.
B. 
Privately owned trees. Persons who own property adjacent to public areas shall prune and/or remove any tree so as to maintain adequate clearance for sidewalk and vehicular travel, traffic signs, lights and other publicly owned structures.
No person shall plant a tree in the terrace without first obtaining a permit free of charge from the Village Forester, and shall follow the following procedures:
A. 
No tree shall be planted in a terrace with a width of less than six feet.
B. 
No tree shall be planted closer than 60 feet from the nearest road intersection.
C. 
No tree shall be planted closer than 15 feet from the adjacent property's approach drive.
D. 
No tree shall be planted within 15 feet of a fire hydrant.
E. 
No tree shall be planted within 15 feet of a utility pole.
F. 
Only tree species listed in the Comprehensive Planting Plan shall be planted in the terrace.
G. 
Upon receiving a planting permit, the property owner agrees to assume the responsibility of maintaining and caring for the trees planted and agrees to enter into a maintenance agreement with the Village. Tree maintenance includes, but is not limited to, maintaining adequate clearance defined in § 478-6 above.
H. 
The length of the maintenance agreement is for the life of the tree planted within the terrace, including the eventual removal.
No person shall remove, destroy or injure a tree on a public area other than in conformity with this section.
In addition to the penalties provided for in § 478-10 of this chapter, any person who violates § 478-8 above shall also be liable for the replacement value of the subject tree, such replacement value to be determined by the using the Eighth Edition of the International Society of Arboriculture's Tree Appraisal formula.
The penalty for violation of any provision of this chapter shall be a penalty as provided in Chapter 1, General Provisions, Article I, Construction and Penalties, of this Code. A separate offense shall be deemed committed on each day on which a violation of this chapter occurs or continues.