[HISTORY: Adopted by the Village Council of the Village of
Spring Lake as Ch. 70, Art. V, of the 2000 Code of Ordinances. Amendments
noted where applicable.]
[Amended 4-19-1993 by Ord. No. 212]
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:
Any one or more trees, shrubs, bushes and all other woody
vegetation in public parks and all other areas owned by the Village.
All the land lying between private property lines on either
side of all public streets, alleys, ways and places.
Any one or more trees, shrubs, bushes and all other woody
vegetation on land lying between property lines on either side of
all public highways, streets, avenues or ways within the Village.
The Parks and Recreation Committee as designated by the Village
Council, which will develop and administer a comprehensive community
tree management program for the care of park trees and street trees
on public property.
[Amended 5-15-1995 by Ord. No. 236[1]]
Any person who violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of this chapter shall be responsible for a municipal civil infraction, subject to § 1-2. Increased civil fines may be imposed for “repeated violations,” which means a second or subsequent municipal civil infraction violation committed by a person within any twelve-month period and for which a person admits responsibility or is determined to be responsible. The increased civil fine for repeat violations is set forth in § 1-2.
Any person convicted of a violation of this chapter shall, in addition to the penalties provided in § 358-2, also be required to make restitution to the Village for the damage incurred by paying for the cost of removal, stump grinding and replacement of the damaged tree with a new tree of the type used by the Village in the annual tree planting program, as approved by the Village Manager.
[Amended 4-19-1993 by Ord. No. 212]
A.
The Village Manager shall have jurisdiction, authority, control,
supervision and direction over all street trees and park trees, plants
and shrubs planted or growing in or upon the public ways and public
places of the Village, and their planting, removal, care, maintenance
and protection. Upon referral by the Village Manager, the Tree Board
will develop and recommend the administration of a comprehensive community
tree management program for the care of street trees and park trees.
B.
The Tree Board shall recommend tree care policies for planting, maintenance
and removal, including the species to be utilized in replacing and
planting of street trees and park trees, including the spacing and
location requirements for such trees.
C.
The Tree Board shall also provide to the Village Manager and the
Village Council an inventory of the street trees and park trees, species,
location and condition with the intent that such report shall present
an objective analysis of the status of such trees and recommendations
for future management. By way of example but not limitation, the annual
inventory shall provide a work plan which would address the care,
maintenance and removal of dead or hazardous trees, pruning requirements
and insect and disease control.
A.
No shade or ornamental tree, plant or shrub shall be planted in any
of the public highways of the Village by private individuals, businesses
or corporations until the Village Manager shall have first approved
the kind, size and variety of the trees, designated the location and
granted a permit for their planting, provided that trees shall be
planted not less than 40 feet apart, not less than 3 1/2 feet
from any sidewalk, and not less than 3 1/2 feet from any driveway,
and provided, further, that if in the opinion of the Village Manager
such spacing is undesirable, impossible or impractical, the Village
Manager may allow a variation of spacing and shall so state on the
permit, together with the reason. It is further provided that no varieties
of soft maple, willow, poplar, catalpa, box elder, black locust, elm,
ailanthus, fruit trees or other weak-wooded trees that may be prohibited
by other Village ordinances shall be set out on the public highways,
nor any other tree unless it is free from infectious disease. The
Village Manager may promulgate additional rules for types of trees
to be planted and spacing of street trees of varying sizes and varieties
if deemed to be in the best interest of the Village.
A.
No person shall, without the written permit of the Village Manager,
remove, destroy, break, deface, trim, brace, move, do surgery work,
mutilate, kill, girdle, or in any way injure or interfere with any
tree, plant or shrub in any highway, park or boulevard of the Village;
however, nothing in this section shall be construed so as to apply
to the removal, under the direction of the Village Manager, of any
root, tree, shrub or plant or part when such removal shall be necessary
for the construction and/or maintenance of any sidewalks, sewer or
public improvement.
B.
No person shall attach any rope, wire, cable, sign, card or poster
or any other article to a tree or its guard in a public highway without
a written permit from the Village Manager; nor shall any person pour
or deposit salt or brine or other injurious material upon any public
highway in such manner as to intentionally injure any tree or shrub
planted or growing on the highway; nor shall any person hitch, tie,
fasten or secure any horse or other animal to any tree or allow the
animal to stand so it can injure any tree, plant or shrub.
C.
Any subsurface installation or work, waterline, sewer line, gasline,
transmission line or other utility, within a ten-foot distance of
a street tree or park tree will be by jack-and-bore method unless
written approval for open trenching is issued by the Village Manager,
in which case a charge for vigor pruning, fertilization or other preventative
maintenance service will be applicable. This requirement shall not
apply to the repair or replacement of a private utility lateral or
service on private property.
In the erection, alteration, repair or removal of any building,
structure, utility line, pavement or sidewalk, the owner shall place
or cause to be placed such guards around all nearby trees on the public
highway as will effectually prevent injury to such trees.
A.
Any tree not growing on a public alley, street or highway but so
located as to extend its branches over a public alley, street or highway
shall be so trimmed by the owners of the property on which the tree
stands or by the owners' agents so that there will be a clear height
of 14 feet above the surface of the street or highway unobstructed
by branches; and such owner or the owner's agents shall remove
all dead branches and stubs on such trees which are or may become
a menace to travelers on the public highway, street or alleys of the
Village.
B.
The Village shall have the right to prune any tree or shrub on private
property when it interferes with visibility of any traffic control
device or sign. The Village shall give each property owner so affected
at least 10 days' notice prior to taking action allowed by this
subsection.
No person owning, maintaining or operating any gas pipes or
mains laid beneath the surface of any street, alley or public place
in the Village shall permit any leaks to exist in such pipe or main
within 40 feet of any tree growing in any street or public place in
the Village; and if leaks exist or occur in such pipe or mains, it
shall be the duty of the person owning or operating such defective
pipes or mains to repair them immediately and stop such leaks in a
manner so as to prevent a recurrence of the leaks and compensate the
Village for the removal and replacement of the dead trees caused by
such leaks.
As a condition to any permit to remove any tree or shrub as provided in § 358-6A, the Village Manager may require that the permittee plant one or more approved trees or shrubs in the place of the one removed and/or, if required by the Village Manager after reasonable determination of the circumstances of such removal, pay for moving the tree to another parkway location. Failure, refusal or neglect to plant another tree or shrub of the type, size and in the location specified in the permit within 12 months from the date of the issuance of the permit shall be a violation of this section.
No person shall excavate any ditches, tunnels or trenches within
a radius of six feet of any tree or shrub without a written permit
from the Village Manager.
No person shall deliberately cause, authorize or permit any
salt, brine water, oil, liquid dye or other substances deleterious
to tree and shrub life to lie, leak, flow or drip into the soil at
the base of any tree or shrub or on to any sidewalk, road, pavement
or gutter in such position that the runoff may enter the soil area
at the base of any tree or shrub; nor shall any person deface with
paint, whitewash or other materials, trees or shrubs, in any public
highway or place; nor shall any person set fire or permit any fire
to burn where such fire or its heat will injure any portion of any
tree or shrub in any highway, park or public place.
No person shall fasten chains, cables or wire about the trunk
of any tree in the public highways, streets or places of the Village;
and the use of such trees as anchors is prohibited.
No person shall without the written permit of the Village Manager
deposit, place or maintain upon the surface of any street or public
highway of the Village any stone, brick, concrete, cement or other
material which shall impede the free passage of water and air to the
roots of any tree growing in such street or public highway; however,
nothing contained in this section shall be construed to require the
Village in the construction of sidewalks or pavements to leave any
open space around the trunk of any tree when such tree is planted
or is growing within the lines established as a sidewalk line; but
if any tree grows within a distance of less than one foot from the
inner or outer established sidewalk lines, the sidewalk shall be so
constructed as to leave an open space of one foot around the trunk
of such tree.
A.
No person shall attach any electric wire, insulation or other device
for holding electric wire to any tree growing in any street or public
highway under the control of the Village.
B.
Every person having any wires charged with electricity of more than
600 volts shall securely fasten the wires where reasonably practical
so that such wires shall not come in contact with any tree in any
street or public highway in the Village.
No person shall hinder, prevent or interfere with the agents
or employees of the Village while engaged in carrying out the provisions
of this chapter.
It shall be the duty of the Village Manager to enforce the provisions
of this chapter, and all complaints as to the violation of this chapter
shall be presented in writing to the Village Attorney and shall be
prosecuted in the name of the Village. If at any time a bona fide
dispute arises or shall exist relative to or under the provisions
of this chapter, such dispute must first be submitted to the Village
Manager; reasonable efforts shall be used by the Village Manager to
compromise the dispute.
A person owning property directly abutting a Village parkway
may effect minor and controlled remedial trimming of street trees
located in the parkway if prior written approval is received from
the Village Manager. Persons desiring to perform trimming under this
section must file a written plan with the Village Manager for consideration.
If the plan is approved, trimming may proceed only according to the
approved plan. Exceeding the approved plan shall be a violation of
this chapter.
[Amended 4-19-1993 by Ord. No. 212]
The Village Council, upon its annual determination of the budget
for operating the Village, shall take into consideration the activities
of the Tree Board and appropriate and spend at least $2 per capita
for the annual Village forestry program as recommended by the Tree
Board, acting by and through the Village Manager and the Parks and
Recreation Committee of the Village. Such spending will be accounted
for within the budget for the various departments or boards of the
Village which provide services to the street trees and park trees
of the Village.
[Amended 4-19-1993 by Ord. No. 212]
The Village Council annually will issue a proclamation to observe
Arbor Day in the Village at such time as is generally observed by
other communities and the National Arbor Day Foundation.
