[HISTORY: Adopted by the Village Council of the Village of
Vicksburg as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-6-1972 by Ord. No. 88 (Ch. 78, Art. II, of the 1995 Village
Code)]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any cutting, lopping, sawing or removal of branches which
will materially alter the natural shape of the tree and shall be deemed
not to include incidental branch removal which by proximity to existing
lines poses a hazard or menace.
Any utility company operating within the Village shall, before
undertaking any project under existing rights-of-way or easements
which shall involve the cutting down, removal or drastic pruning of
any tree in the Village which is on premises owned by the Village,
or on the right-of-way of any street or alley in the Village, first
submit in triplicate to the Village Manager plans for such project.
Such plans shall show, in detail and by location, all trees which
such utility desires to cut down, remove or drastically prune. Such
plans shall show, as well, all alternate routes of reasonable practicality
and the trees desired to be cut down, removed or drastically pruned
under such alternatives. Such plans shall also state the purpose of
such project and shall have attached all easements and right-of-way
grants upon which reliance is placed for the right to cut down, remove
or drastically prune such trees.
Any utility company, before acquiring new easements in the Village,
shall submit plans to the Village Manager for its approval showing
planned routes, which plans shall indicate existing shade trees within
the limits of such easements, together with the anticipated necessity
of removal, cutting down or drastic pruning of trees.
The Village, before undertaking any public improvement project,
shall secure from its Engineer the location of any trees likely to
be removed, cut down or endangered by such project, and by the moving
of any utility poles or pipes. Such location shall be specified on
the plans for such project.
The Village Manager, upon submittal of such plans and attendant
documents, shall cause a notice to be published twice in a newspaper
regularly publishing notices for the Village. Such notice shall be
in boldface print and shall state in substance that plans have been
filed by a utility company or the Village for certain construction
which will call for the removal, cutting down or drastic pruning of
trees within the Village. Such notice shall further specify the utility
seeking to cut down, remove or drastically prune trees; the location
of such route by street and intersecting streets and the location
of alternate routes; the name, title, address and telephone number
of a person who can supply further information on the project; and
shall also specify time, date and place for a public hearing at which
time a representative of the utility company shall be present as well
as the Village Engineer.
In addition to the notice requirements in § 438-5, the Village or utility, depending upon the application, shall at least two weeks before the public hearing mark the trees to be cut down, removed or drastically pruned by banding the trees with surveyor's tape.
The public hearing shall be scheduled not more than one month
later than the first publication of the notice. All persons interested
may attend and be heard.
The Village Council shall, following the hearing, approve, approve
with qualifications or deny such project. In making such decision,
it shall consider the value to the general welfare of the inhabitants
of the Village of such project and of the trees in question and the
value to the adjoining property owners of such project and such trees.
