A.
Removal of trees on public property, public rights-of-way, and public
lands shall be the responsibility of the Village.
B.
The Superintendent of the Department of Public Works (or the official
designee) in consultation with the Forestry Board shall determine
whether a tree or shrub planted on public property, public rights-of-way,
or public lands is dead, hazardous, or would be hazardous to the safety
of the community.
C.
After a determination has been made that a tree or shrub planted
on public property, public rights-of-way, or public lands is dead
or hazardous to the safety of the community, the Superintendent of
the Department of Public Works (or the official designee) in consultation
with the Forestry Board shall have the power and authority to remove
such tree or shrub from public property, public rights-of-way, and
public lands.
A.
When reviewing a request for the removal of an existing tree from
public property, public rights-of-way, or public lands, the following
factors shall be taken into consideration:
(1)
Whether the tree is dead or dying;
(2)
Whether the tree is infected with a disease which cannot be treated
successfully;
(3)
Whether the tree contains a pathogen and there is a reasonable possibility
that the pathogen could spread to other trees in the immediate vicinity;
(4)
Whether the tree is structurally unstable, except that a leaning
tree is not necessarily indicative of a structurally unstable tree;
(5)
Whether the tree is preventing essential grade changes or reasonable
utility installations;
(6)
Whether a tree is preventing a reasonable means by which building,
zoning, subdivision, health, public safety, or other municipal requirements
are to be satisfied.
(7)
Where storm damage has caused 50% of more of the tree canopy to be
broken or damaged.
B.
Claims of a tree being unsightly or unattractive does not make said
tree eligible for removal unless one or more of the above factors
are present.
A.
The following factors, when standing alone, are not generally considered
justification for tree removal:
(1)
To stop flower, leaf or fruit fall from causing a nuisance;
(2)
To increase general natural light;
(3)
To enhance views;
(4)
To allow for a proposed development. Although vegetation removal
may be considered under the Planning Board site plan review process,
it is not a valid reason for removal under this chapter;
(5)
To reduce shade created by a tree;
(6)
To reduce fruit, resin, or bird/bat droppings on vehicles;
(7)
To stop insects and animals from causing nuisance;
(8)
In order to facilitate the minor lifting of driveways, paths, and
paving.
(9)
Damage to fences due to branch failure;
(10)
Nonstructural damage to roof structures, outbuildings, garden
structures, walls.
(11)
Damage to underground services (such as sewer lines, water services
and the like), where there are feasible alternatives to mitigate or
solve problems and retain the tree, and the tree is significant to
the urban forest;
(12)
In order to construct a fence;
(13)
Tree does not suit the existing or proposed landscape;
(14)
Unsubstantiated fear of tree failure;
(15)
To allow for landscape work;
(16)
Dropping of dead wood (would be considered if tree is deemed
a hazard); and
(17)
Tree too large or high.
B.
While the above listed factors are generally not considered a substantive
justification for removal when standing alone, they would be considered
a justification for removal when pursuant to the recommendation of
a professional arborist:
