[Adopted 12-9-2013 by L.L. No. 5-2013]
The following terms are defined as they are to be used in this chapter:
ABUTTING OWNER
The last record owner, according to the Village's real property tax assessment records, of an abutting parcel.
ABUTTING PARCEL
A parcel of real property within the Village, owned by any person or entity other than the Village, that shares a property line with any portion of a berm or a path.
ABUTTING SIDEWALK
The entire width and length of that portion of a sidewalk that is parallel to the front property line of an abutting parcel.
BERM
Any strip of Village-owned land along either side of a Village paved roadway that lies between the paved road surface and the lot line of the abutting parcels.
CURB
The edge of the paved road surface, whether or not that edge is raised or delineated by means of stone, concrete or other edging materials.
PARK, PARKING or PARKED
The stopping of a vehicle and leaving of such vehicle unattended by a person capable of operating it.
PATHS
Any strip or length of land within the Village that is owned by the Village and that does not constitute a berm, a street or a sidewalk, and is not developed for use by the Village or the public, other than use by pedestrians as footpaths; many such paths are narrow, unpaved parcels that divide privately owned parcels from each other or divide lots that collectively comprise a single buildable lot as to which the path appears to be a component.
SIDEWALK
A paved surface installed within a street intended to be used by pedestrians for travel along such street.
STAND or STANDING
The stopping of a vehicle, whether occupied or not, otherwise than temporarily, for the purpose of and while actually engaged in receiving or discharging passengers.
STREET
The entire width of the Village-owned public way, including the paved road, sidewalks, if any, curbs, if any, and all other portions, paved or unpaved, that lie between the private property lot lines on either side of such public way.
A. 
Special use and benefit of the berm areas and path areas accrue to the abutting parcels and their owners. Therefore, each abutting owner shall be responsible for routine upkeep, repairs and groundskeeping of those portions of berm and paths that abut such owner's abutting parcels.
B. 
If at any time the Village shall find that any shrub, planting or landscaping feature located in or on a berm or path constitutes danger to a street or to persons or vehicles thereon or impairs the line of sight of any vehicle or pedestrian in, on or moving on a street, it shall be removed or trimmed by, and at the expense of, the abutting owner after delivery by the Village Clerk to the abutting owner of written notice directing such action, which action must be completed by the abutting owner by not later than the date for completion set forth in such written notice.
C. 
Each abutting owner shall maintain the portion of any berm and/or any paths that abut his or her abutting parcel free and clear of any and all accumulations of leaves, grass, plants and bush clippings, and tree limbs, heavy undergrowth and the accumulation of plant growth which is unsightly, obnoxious or detrimental to the health, safety and welfare of Village residents.
D. 
Each abutting owner shall keep all hedges and shrubs in the berm and path areas adjoining his or her abutting parcel pruned or trimmed and shall maintain all grass in any abutting berm or path area at a height not to exceed six inches.
E. 
Notwithstanding the primary obligation of the abutting owner with respect to maintenance of the berm and path areas, the Village reserves the exclusive right, though not the obligation, to:
(1) 
Construct on or otherwise modify the berm or any path; and
(2) 
Plant, trim and/or remove trees, grass and vegetation; and
(3) 
Remove, alter or relocate any structure located within a berm or path.
With respect to Village trees, shrubs or plantings located on any portion of a berm or any path, the abutting owner, at his or her own cost and expense, shall prune, maintain and trim such trees, shrubs and plantings so that the trunk, limbs, leaves or branches of such trees, shrubs and plantings shall not block sight lines necessary for safe travel, transit or passage by vehicles or pedestrians on or along, or onto or from, any street, berm, path or sidewalk. The abutting owner shall prune, maintain or trim such trees, shrubs and plantings after delivery by the Village Clerk to the abutting owner of written notice directing such action, which action must be completed by the abutting owner by not later than the date for completion set forth in such written notice. Nothing herein is intended or shall be deemed to require an abutting owner to remove, at the cost and expense of the abutting owner, any Village tree that has not been planted by the abutting owner, or to trim, prune or maintain, at the cost and expense of the abutting owner, any Village tree that has not been planted by the abutting owner to address a condition thereof that the Village determines constitutes danger to a street or to persons or vehicles thereon or to public places, for any reason other than that the trunk, limbs, leaves or branches thereof block sight lines necessary for safe travel, transit or passage on or along, or onto or from, any street, berm, path or sidewalk.
Nothing herein shall limit the authority of the Village to remove or alter any tree, shrub or other planting in a berm or path as it deems necessary to protect the health, safety and welfare of Village residents.
A. 
No person shall install, erect or construct any structure, including fences, walls, lightposts, gate piers or sprinkler systems, or plant any trees, shrubs, bushes or other vegetation, within, on or under a berm or path or on any other Village-owned property, except as hereinafter provided.
B. 
The Village Board of Trustees may, by resolution duly adopted, grant permission, with such conditions as such Board deems appropriate, for the installation, erection or construction of a retaining wall, fence, lightpost, gate pier, or sprinkler system, or the planting of any tree, shrub, bush or other vegetation, within a berm or path, upon a finding by the Board that the retaining wall, fence, lightpost, gate pier, or sprinkler system is necessary for the protection or support or maintenance of an abutting parcel or abutting parcels, and that the construction and maintenance of such retaining wall, fence, lightpost, gate pier, or sprinkler system, or that the planting of any such tree, shrub, bush or other vegetation, is in the best interests of the Village and its residents and will not cause a public nuisance. Any such items located within a berm or path shall be maintained and repaired at the sole cost and expense of the abutting owner who requests same and his or her successors and assigns as record owners of such abutting parcel.
C. 
Existing structures and plantings located within a berm or path which were constructed or planted prior to the adoption date of this Article III shall be permitted to remain unless and until the Board of Trustees determines that same constitute a public nuisance. Such structures and plantings shall be maintained and repaired at the sole cost and expense of the abutting owner who requests same and his or her successors and assigns as record owners of such abutting parcel. No such structures may be extended, enlarged or replaced in kind, unless approved by Village Board resolution pursuant to the preceding Subsection B.
D. 
If at any time the Board of Trustees shall find a structure or a planting in a berm or path that was erected or planted by the abutting owner to be a public nuisance, it shall be removed at the sole cost and expense of the abutting owner. If after delivery by the Village of written notice to remove a structure or a planting that was constructed or planted by the abutting owner and declared by the Village Board to be a public nuisance, the abutting owner fails to comply with the terms of said notice, then the Village shall have the right to remove and dispose of such structure or planting, the costs of which shall be borne by the abutting owner and, if not paid within 30 days of written demand therefor delivered to the abutting owner by the Village Clerk, shall be made a lien against such abutting parcel, collectible with the next property tax levy of the Village.