[Amended 2-6-2014 by Ord.
No. 2014-02]
Whenever the following words or terms are used in this chapter,
they shall be construed to have the following meanings:
BOULEVARD OR TERRACE AREAS
The land between the normal location of the street curbing
and sidewalk. Where there is no sidewalk, the area four feet from
the curbline shall be deemed to be a "boulevard" for the purpose of
this chapter. "Boulevard" shall have the same meaning as "terrace."
Where there are sidewalks, the area four feet from the curb shall
be deemed boulevard areas under this chapter. Where there is no curb,
the area eight feet from the edge of pavement shall be deemed to be
a boulevard.
LARGE TREE
Trees with anticipated height of greater than 40 feet at
maturity.
MAJOR ALTERATION
Trimming a tree beyond necessary trimming to comply with
this chapter.
MEDIUM TREE
Trees with anticipated height of 20 to 40 feet at maturity.
PARK TREES
Trees, shrubs, bushes and all other woody vegetation in public
parks having individual names, and all areas owned by the Village
or to which the public has free access as a park.
PERSON
Person, firm, association or corporation.
PUBLIC AREAS
Includes all public parks and other lands owned, controlled
or leased by the Village except the terrace areas.
PUBLIC NUISANCE
Any tree, shrub or part thereof which by reason of its condition
interferes with the use of any public area, is infected with a plant
disease, is infested with injurious insects or pests, is injurious
to public improvements or endangers the life, health, safety or welfare
of person or property.
SMALL TREE
Trees with anticipated height of 20 feet or less at maturity.
STREET TREES
Trees, shrubs, bushes and all other woody vegetation on land
lying between property lines on either side of all streets, avenues,
or ways within the Village.
[Amended 2-6-2014 by Ord.
No. 2014-02]
A. Street tree species to be planted. The following list constitutes
the official street tree species for the Village. No species other
than those included in this list may be planted as street trees without
written permission of the Village Tree Board.
(1) Small trees.
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*Celtis occidentalis - Common Hackberry, Windy City, Prairie
Pride
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*Gymnocladus dioicus - Kentucky Coffeetree, Prairie Titan, Stately
Manor
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Apricot
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Cherry
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Cotinus
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Little Leaf Linden
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Prunus Sargenti
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Redbud
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Sambucus
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Sargent Cherry
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Serviceberry
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Witch Hazel
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*
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These trees are suitable as street trees. Other trees on the
list may be planted in other public spaces.
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(2) Medium trees.
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*Acer x freemanii - Autumn Blaze, Celebration, Sienna, Armstrong
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*Acer rubrum - Red Sunset, Redpointe
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*Acer saccarum - Green Mountain
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American Linden
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Ginkgo, Male
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Ironwood
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Japanese Maple
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Mountain Ash
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Thuja (windbreak)
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*
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These trees are suitable as street trees. Other trees on the
list may be planted in other public spaces.
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(3) Large trees.
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*Quercus bicolor - Swamp White Oak
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*Quercus macrocarpa - Bur Oak
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*Tilia americana - American Sentry, Boulevard, Legend, Redmond
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*Ulmus americana - New Harmony, Princeton
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Aesculus octanda
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American Beech
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American Broadleaf
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American Chestnut
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American Sycamore
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Bitternut
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Black Cherry
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Black Oak (velatina)
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Carga Cordifoimis
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Chinese Elm
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Hornbeam
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Northern Catalpa
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Norway Maple
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Pecan
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Pin Oak
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Scarlet Oak
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Scotch Pine
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Shagbark Hickory (Quercus Coccinea)
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Spruce
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Sugar Maple
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Sweet Buckeye/Coffeetree Kentucky
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White Oak (Quereusalba)
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*
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These trees are suitable as street trees. Other trees on the
list may be planted in other public spaces.
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B. Tree variety.
(1) In order to mitigate potential loss of the urban forest due to disease
or pest, no more than 20% of trees may come from one "family," no
more than 10% from one "genus," and no more than 5% from any single
species.
(2) The Village will create and update annually a database of street
and park trees.
(3) All plantings within public property must be approved by the Director
of Public Works.
C. Spacing. No trees may be planted closer together than the following:
(3) Large trees: 50 feet (except in special plantings designed or approved
by a landscape architect).
D. Distance from curb and sidewalk. The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the three species size classes listed in Subsection
A, and no trees may be planted closer to any curb or sidewalk than the following:
(2) Medium trees: three feet.
E. Distance from street corners and fire hydrants. No street tree shall
be planted closer than 35 feet of any street corner, measured from
the point of nearest intersecting curbs or curblines. No street tree
shall be planted closer than 10 feet of any fire hydrant.
F. Utilities. No street trees other than those species listed as small trees in Subsection
A may be planted under or within 10 lateral feet of any overhead utility wire, or over or within five lateral feet of any underground water line, sewer line, transmission line or other utility.
The Village shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all street, alleys, avenues, lanes, squares and public grounds, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds. The Village Tree Board may remove or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, or other public improvements, or is affected with any injurious fungus, insect or other pest. This section does not prohibit the planting of street trees by adjacent property owners, providing that the selection and location of said trees is in accordance with §
522-3.
It shall be unlawful as a normal practice for any reason, firm
or Village department to top any street tree, park tree, or other
tree on public property. "Topping" is defined as the severe cutting
back of limbs to stubs, larger than three inches in diameter within
the tree's crown to such a degree so as to remove the normal canopy
and disfigure the tree. Trees severely damaged by storms or other
causes, or certain trees under utility wires or other obstructions
where other pruning practices are impractical may be exempted from
this chapter at the determination of the Tree Board.
It shall be unlawful for any person to prevent, delay or interfere
with the Village Public Works and Utilities/Tree Board Committee,
or any of its agents, while engaging in and about the planting, cultivating,
mulching, pruning, spraying, or removing of any street trees, or park
trees. Furthermore the Public Works and Utilities/Tree Board Committee
or its agent shall have the authority to enter onto private property
whereon there is located a tree, shrub, plant or plant part that is
suspected to be a public nuisance.
The Village shall have the right to cause the removal of any
dead or diseased trees on private property within the Village, when
such trees constitute a hazard to life and property, or harbor insects
or disease which constitute a potential threat to other trees within
the Village. Under the direction of the Village Tree Board, the Arborist
or Director of Public Works shall cause a written notice to be personally
served or sent by registered mail to the person to whom the tax bill
was sent for the general taxes for the proceeding year. Such notice
shall describe the kind of tree, shrub, or other plant or plant part
which has been declared to be a public nuisance; its location on the
property; the reason for declaring it a nuisance; and the actions
that the property owner may undertake to abate the nuisance. Removal
shall be done by said owners at their expense within 60 days after
the date of service of notice. In the event of failure of owners to
comply with such provision, the Village shall have the authority to
remove such trees and charge the cost of removal on the owner's property
tax notice.
All stumps of street and park trees shall be removed below the
surface of the ground so that the top of the stump shall not project
above the surface of the ground.
The Village Board shall have the right to review the conduct,
acts and decisions of the Village Tree Board. Any person may appeal
from any ruling or order of the Village Tree Board to the Village
Board, who may hear the matter and make final decision.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any person violating any provision of this chapter shall be, upon conviction or a plea of guilty, subject to a forfeiture in accordance with §
1-4, General penalty, of the Code. If as a result of the violation of any provision of this
chapter, the injury, mutilation, or death of a tree, shrub, or other
plant located on Village-owned property is caused, the cost of repair
or replacement of such tree, shrub, or other plant shall be borne
by the party in violation. The replacement value of trees and shrubs
shall be determined in accordance with the latest revision of "A Guide
to the Professional Evaluation of Landscape Trees, Specimen Shrubs,
and Evergreens," as published by the International Society of Arboriculture.