[HISTORY: Adopted by the President and Board of Trustees of the Village of Sidney 3-5-2018 by Ord. No. 2018-03. Amendments noted where applicable.]
Purpose. It is the purpose of this chapter to promote and protect the public health, safety and general welfare by providing for the regulation of the planting, maintenance and removal of trees and shrubs within the Village.
Intent. It is the intent of the Village Board that the terms of this chapter shall be construed so as to promote:
The planting, maintenance, restoration and survival of desirable trees and shrubs within the Village; and
The protection of community residents from personal injury and property damage, and the protection of the Village from property damage, caused or threatened by the improper planting, maintenance or removal of trees and shrubs located within the community.
As used in this chapter, the following terms shall have the meanings indicated:
- Any person engaged in the construction of any structure on a commercial or residential lot within the Village limits.
- LARGE TREES
- Trees attaining a height of 50 feet or more.
- MEDIUM TREES
- Trees attaining a height of 30 feet to 50 feet.
- The Village of Sidney.
- NATIVE TREES
- Species known to be part of the flora of Central Illinois before the time of European settlement.
- All public parks.
- That part of a street or highway, not covered by sidewalk or other paving, lying between a private property line and the street or curb.
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- PROPERTY OWNER
- The person owning private property as shown by the County Assessor's plat of Champaign County, State of Illinois.
- PUBLIC PLACES
- All grounds owned by the Village of Sidney, County of Champaign, State of Illinois.
- PUBLIC TREES
- Includes all shade and ornamental trees now or hereafter growing on any street or any public areas unless otherwise indicated.
- Any plant attaining a height of less than 10 feet.
- SMALL TREES
- Trees attaining a height of up to 30 feet (30 m2).
- STREET OR HIGHWAY
- The entire width of every public right-of-way.
- The Superintendent of Streets of the Village of Sidney, Illinois.
- TREES AND SHRUBS
- All vegetation, woody or otherwise, except lawn grass and herbaceous flowers.
The Superintendent of Streets shall approve or disapprove tree plantings on public property and approve or disapprove any other acts in regard to tree and shrub removal and maintenance as are required by this chapter.
The Superintendent shall establish a program of public information and education that will encourage the planting, maintenance or removal of trees, shrubs and other plants on private property in furtherance of the general program for optimizing the tree, shrub and other plant resources of the Village.
Scope of requirements. No person except the Superintendent, an agent of the Superintendent or a contractor hired by the Village may perform any of the following acts without first obtaining approval from the Superintendent:
Plant on Village-owned property, or spray, fertilize, prune, remove or otherwise disturb any tree or shrub located on Village-owned property, except that this provision shall not be construed to prohibit owners of property adjacent to or appurtenant to Village-owned property from watering without approval any tree or shrub located on such Village-owned property;
Trim, prune or remove any tree or portions thereof if such tree or portions thereof reasonably may be expected to fall on or across Village-owned property and thereby cause damage to persons or property;
Place on Village-owned property, either above or below ground level, a container for trees or shrubs;
Damage, cut, tap, carve or transplant any tree or shrub located on Village-owned property;
Attach any rope, wire, nail, sign, poster or any other man-made object to any tree or shrub located on Village-owned property;
Make or cause to be made any tree well or sidewalk cut on Village-owned property.
Work (tree pruning, planting, removal, or treatment with pesticides) performed by the Superintendent, an agent of the Superintendent, or a contractor hired by the Village shall be in accordance with the standards set forth in the Arboricultural Specifications Manual.
Permit required for certain construction work. No person shall excavate any ditches, tunnels, trenches, or lay any drive within a radius of 10 feet from any public tree without first obtaining a written permit from the Superintendent of Streets or his agent.
Protection from excavation or construction. If deemed necessary by the Superintendent, all trees on any street or other publicly owned property near any excavation or construction of any building, structure or street work shall be protected according to the standards set forth in the Arboricultural Specifications Manual, and all building material, dirt, or other debris shall be kept outside of the barrier.
Clear sight areas at street intersections. In order to promote greater safety at street intersections, it is in the public interest that trees, shrubs, solid fences and other interferences within the sight of pedestrians or of operators of vehicles at such intersections be regulated.
Definition. The following are hereby declared public nuisances under this chapter:
Any dead or dying tree or shrub, whether located on Village-owned property or on private property;
Any otherwise healthy tree or shrub, whether located on Village-owned property or on private property, which harbors insects or diseases which reasonably may be expected to injure or harm any tree or shrub;
Any tree or shrub or portion thereof, whether located on Village-owned property or on private property, which by reason of location or condition constitutes an imminent danger to the health, safety or welfare of the general public;
Any tree or shrub or portion thereof, whether located on Village-owned property or on private property, which obstructs the free passage of pedestrian or vehicular traffic or which obstructs a streetlight; and
Any tree or shrub or portion thereof, whether located on Village-owned property or on private property, which obstructs the view of any vehicular traffic in or approaching an intersection.
Abatement. The following are the prescribed means of abating public nuisances under this section:
Located on Village property. Any public nuisance under this section that is located on Village-owned property shall be pruned, removed or otherwise treated by the Superintendent in whatever fashion is required to cause the abatement of the nuisance within a reasonable time after its discovery.
Located on private property.
Any public nuisance under this section that is located on private property shall be pruned, removed or otherwise treated by the property owner or his/her agent in whatever fashion is required to cause the abatement of the nuisance. No property owner may be in violation of this provision unless and until the following requirements of notice have been satisfied:
The Superintendent shall cause a written notice to be sent by registered or certified mail to the owner of the property upon which the nuisance is found.
Such notice shall describe with particularity the tree or shrub that has been declared to be a public nuisance.
Such notice shall state with particularity the alternative actions that the property owner may undertake to abate the nuisance.
Such notice will require the elimination of the nuisance within 30 days after receipt of the notice by the property owner, although, upon a showing of good cause, said period may be extended by the Superintendent for a reasonable period.
In the event that the nuisance is not abated within 30 days following receipt of notice by the property owner or within any further time period allowed by the Superintendent or the Forestry Commission, the Superintendent is authorized to cause the abatement of said nuisance, and the reasonable cost of such abatement shall be filed as a lien against the property on which the nuisance was located, and the property owner of the property upon which the nuisance is located shall be subject to prosecution under this chapter. Nothing in this provision shall be construed to exempt any person from the requirements of obtaining approvals under this chapter.
The Superintendent is hereby empowered to cause the immediate abatement of any public nuisance under this chapter provided that the nuisance is declared by the Superintendent to threaten imminent and serious danger of injury or death to any person, and provided that the owner of the property on which the nuisance is located cannot be found through the reasonable efforts of the Superintendent.
The Superintendent is hereby empowered to seek from any court of competent jurisdiction an order directing the immediate abatement of any public nuisance under this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates any provision of this chapter shall be subject to a fine of not more than $750, with each day of violation constituting a separate offense.
Trees of all species and varieties of elm, Zelkova and Planera affected with the fungus Ceratostomella ulmi, as determined by laboratory analysis, are hereby declared to be a public nuisance and shall be removed and burned within 30 days following notification of the discovery of such infection.
Trees or parts thereof of elm, Zelkova or Planera in a dead or dying condition that may serve as a breeding place for the European elm bark beetle (Scolytus multistriatus) are hereby declared to be public nuisances, and it shall be unlawful for the person, firm or corporation owning property whereon the same is situated to possess or keep the same.
Trees of genus ash (Fraxinus), specifically but not limited to green ash (Fraxinus pennsylvanica), white ash (Fraxinus americana), black ash (Fraxinus nigra) and varieties of such species, affected with the emerald ash borer (Agrilus planipennis) are hereby declared to be a public nuisance and shall be removed within 30 days following notification of the discovery of such infestation. In order to prevent the spread of emerald ash borer, infested trees or tree parts shall not leave the quarantine area identified by the Illinois Department of Agriculture.
For property located within the Village of Sidney, property owners may request reimbursement for the planting of new trees on their properties subject to the following conditions:
A professional landscaping or tree service must plant the tree.
The tree must be planted on private property adjacent to the Village right-of-way and be planted at least three feet from any Village right-of-way, easement, sidewalk, alley or street.
The property owner(s) can request one reimbursement for each tree that was removed from his/her adjacent Village right-of-way within the last five years.
To the extent that designated funds are available, the Village will reimburse 50% of the cost of each tree/planting, not to exceed $200 per tree/planting.
The property owner(s) agrees to be responsible for all maintenance, watering and care for the tree.
Receipt of the tree purchase and planting must be submitted to the Village Board for reimbursement within 90 days after the planting.
The Village Superintendent of Streets is charged with enforcement of this chapter, and to that end may enter upon private property at all reasonable hours for purposes of inspecting trees thereon, and may remove such specimens as are required for purposes of analysis to determine whether or not the same are infected. It shall be unlawful for any person, firm or corporation to prevent the Village Superintendent of Streets or his representative from entering on private property for purposes of carrying out his duties hereunder, or to interfere with such Superintendent or his representative in the lawful performance of his duties.