As used in this chapter, the following terms shall have the
meanings indicated:
CONTRACTOR
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.
NATIVE TREES
Species known to be part of the flora of Central Illinois
before the time of European settlement.
PARKWAY
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.
PERSON
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.
SHRUB
Any plant attaining a height of less than 10 feet.
SMALL TREES
Trees attaining a height of up to 30 feet (30 m2).
SUPERINTENDENT
The Superintendent of Streets of the Village of Sidney, Illinois.
TREES AND SHRUBS
All vegetation, woody or otherwise, except lawn grass and
herbaceous flowers.
VILLAGE-OWNED PROPERTY
Property within the Village limits and:
A.
Owned by the Village in fee simple absolute; or
B.
Impliedly or expressly dedicated to the public sewer easements.
[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. A professional landscaping or tree service must plant the tree.
B. Only trees listed on Exhibit A will qualify.
C. 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.
D. 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.
E. 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.
F. The property owner(s) agrees to be responsible for all maintenance,
watering and care for the tree.
G. 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.