[HISTORY: Adopted by the Board of Trustees of the Village
of Adams 1-17-2012 by L.L. No.
1-2012. Amendments noted where applicable.]
This chapter regulates the planting, maintenance, protection
and removal of trees located on public streets, parks and other Village-owned
property and designates a Tree Committee. This chapter also provides
for the issuing of permits for the planting, maintenance, removal
and protection of trees on Village-owned property.
This chapter shall be known and may be cited as "Trees."
For the purposes of this chapter, the following terms shall
be defined as follows:
The diameter of tree trunks at a height of four feet six
inches from the finished grade at the base of the tree.
Trees 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.
Any corporation, firm, partnership, association, trust, estate,
one or more individuals and any unit of government or agency or subdivision
thereof, except for a Village agency.
Trees and all other woody vegetation on land within the Village
right-of-way on either side of all streets, avenues, or ways within
the Village.
Any department, board, commission or other entity within
the government of the Village of Adams.
A.
A Tree Committee shall be designated by resolution of the Village
Board, in consultation with Village staff, consisting of members of
the community interested in promoting the benefit, growth and health
of the urban forest. Board members should include persons with expertise
in the field of urban forestry and Village staff from the Village
Planning office, Department of Public Works or the Department of Parks
and Recreation or other appropriate Village personnel.
B.
It shall be the responsibility of the Tree Committee to study, investigate,
counsel and assist Village staff with the development of a plan for
the care, preservation, pruning, planting, replanting, removal or
disposition of trees in parks, along streets and in other public areas.
The Tree Committee shall also assist the Village in the preparation
of its street tree planting program including recommendations on tree
species, tree planting locations and other related matters.
C.
The Tree Committee, when requested by the Village Board, shall consider,
investigate, make finding, report and recommend upon any special matter
or question coming within the scope of its work.
D.
The Tree Committee shall choose its own officers, make it own rules
and regulations and keep a journal of its proceedings.
E.
All members of the Tree Committee shall serve without pay.
A.
The Department of Public Works employees shall have the right to
plant, prune, maintain and remove trees within the lines of all streets,
alleys, avenues, lanes, squares and public grounds, as may be necessary
to insure public safety or to preserve or enhance the symmetry and
beauty of such public grounds.
B.
The Superintendent of the Department of Public Works or his urban
forestry designee may remove or cause or order to be removed, any
Village-owned 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, water lines, or other public improvements,
blocks visibility, or is affected with any serious injurious fungus,
insect or other pest.
C.
No unauthorized person or Village agency shall plant, prune, remove,
maintain, cut, break, or otherwise injure any portion of any tree
planted or growing in any street or public place without first submitting
a written request and obtaining written permission from the Superintendent
of the Department of Public Works or his urban forestry designee.
D.
Whenever a person or Village agency obtains written permission pursuant to Subsection C of this section to remove a tree from any Village-owned land for the purpose of nonresidential construction or development, excluding hazardous or unsafe trees, or if any person or Village agency removes any Village-owned tree without permission, such person or Village agency shall subsequently replace the tree(s), or have the Village Department of Public Works replace the tree(s) at the expense of the person or Village Agency who obtained such permission. Replanting shall occur within one year of the removal of the tree. Such replacement shall meet the standards of size, species and placement as provided for in the tree removal permit as issued by the Superintendent of the Department of Public Works or his urban forestry designee and as recommended by the Tree Committee. Unless the Tree Committee or the Superintendent of the Department of Public Works or his urban forestry designee, for good, cause, determines otherwise, trees shall be replaced by the caliper inch, such that for every inch of diameter (DBH) removed, an equal number of caliper inches shall be replaced (e.g., the removal of one twelve-inch DBH tree shall necessitate the planting of six two-inch caliper trees or four three-inch caliper trees, etc.).
E.
In furtherance of the purposes of this chapter, the Tree Committee,
in consultation with the Village Planning office and the Department
of Public Works, shall have the authority to adopt and modify rules
and regulations regarding arboricultural specifications and standards
of practice, to be known as the "Arboricultural Specifications Manual."
This manual shall govern the planting, maintenance, removal, pruning,
fertilization and protection of trees on public streets, parks or
other Village property. The Arboricultural Specifications Manual shall
be kept on file and shall be available in the Village Planning office,
the Department of Public Works and the Village Clerk's office.
F.
The Department of Public Works employees shall be responsible for
the care of the public trees in a manner as set forth in the Arboricultural
Specifications Manual.
G.
This chapter does not prohibit the planting of street trees on Village
property by adjacent property owners provided that written permission
is obtained from Superintendent of Public Works or his urban forestry
designee and the selection and location of said trees is in accordance
with the Village's Arboricultural Specifications Manual. The
Village does, however, have the authority to relocate or remove any
tree that is improperly planted according to the specifications mentioned
above.
A.
The Village shall have the right to cause the removal of any dead
or diseased trees or tree limbs on private property within the Village,
when such trees or limbs constitute a known hazard to the public right
of way or other public property, or harbor insects or disease which
constitute a potential threat to other trees within the Village. The
Village will notify in writing the owners of such trees. Removal,
including the stump, shall be done by said owners, at their own expense,
within 60 days after the date of service of notice.
B.
In the event of an emergency situation, or in other situations where
a tree is found to be in a state which could potentially cause immediate
harm to life or property, the Village has the right to order the immediate
removal of the tree. In such cases, the property owner shall immediately
remove the tree.
C.
In the event that a tree requiring removal is found on a property
line shared with the Village, a determination shall be made by the
Village as to the percent of ownership for both the Village and the
private party involved. The Village will then remove the tree at its
expense and charge a portion to the shared owner based on the percentage
as determined above.
It shall be unlawful for any person to prevent, delay or interfere
with the Village, 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, as authorized by this chapter.
A.
It shall be unlawful for any person, other than the Village Department
of Public Works, to engage in the business or occupation of pruning,
treating, or removing street trees, park trees or other Village-owned
trees who does not have at least one employee, foreman or supervisor
who is a certified arborist licensed through the International Society
of Arboriculture (ISA). Certification shall not be required of any
public service company or member of the Tree Committee doing such
work in the pursuit of their public service endeavors.
B.
It is, however, recommended that public service company employees
and members of the Tree Committee involved in tree care attain such
certification. Additionally, the Village of Adams Department of Public
Works is encouraged to have at least one employee who engages in public
tree care to be certified by the ISA or in the process of receiving
certification at all times.
C.
Any person or firm engaging in the business or occupation of pruning,
treating, or removing street or park trees within the Village must
first file evidence of possession of liability insurance in a standard
amount required by the Village for bodily injury and property damage
indemnifying the Village or any person injured or damaged resulting
from the pursuit of such endeavors as herein described. Workers' compensation
insurance shall also be required in an amount set forth by law.
B.
In the event of a violation of § 270-5C, D and G or in the event of the failure of property owners to take such action as may be required in accordance with the provisions of § 270-6A, B and C, the Superintendent of Public Works may cause the work to be done which is necessary to remedy said violation and, in that event, shall bill the owner therefor and shall thereupon file a certificate of the actual cost thereof, not exceeding the expense of labor, equipment and material with the Village Comptroller, who shall certify the same to the Assessor, and the same shall thereupon be assessed by the Assessor upon the property of such owner and shall be levied and collected at the same time as and as a part of the Village tax.
In addition to any other remedies the Village may have, any person, firm or corporation violating §§ 270-5C, D, G, 270-6A, B, C, 270-7 and 270-8A of this chapter shall, upon conviction, be subject to a fine of not less than $50 nor more than $250. Each day of continued violation is a separate and distinct offense.
