Chapter 122

TREES

[HISTORY: Derived from Sec. 4 of the General Ordinances; amended in its entirety 5-3-2004 by L.L. No. 1-2004. Subsequent amendments noted where applicable.]

GENERAL REFERENCES

Streets, sidewalks and private property — See Ch. 110.

Village property — See Ch. 135.

§ 122-1. Permission required for cutting trees.

No person shall cut, break or injure any living tree or shrubbery on any public property or remove any of the same without having first obtained written permission from the Village Clerk.

§ 122-2. Trees on private property. [Amended 7-2-2007 by L.L. No. 2-2007]

It shall be unlawful for any landowner to allow the existence of a dangerous or hazardous tree on his land where said tree is or may become a hazard to the public or to any public property. For purposes of this section, a “dangerous tree” or “hazardous tree” shall be defined as a tree, or any part thereof, that is overhanging from private property and creating a hazard to adjoining public rights-of-way, or to persons using the adjoining rights-of-way, or if its roots are causing damage to the curb, gutters, sidewalks, or a sewer system. The Board of Trustees shall provide for the enforcement of this section by resolution and it shall regularly require the Village Clerk to list the landowners on whose property there are situated dangerous or hazardous trees, and every such landowner shall be required to remove or to trim the dangerous or hazardous tree on his property. Upon resolution of the Board of Trustees requiring removal of the tree, such landowner shall be required to remove the tree. The Village Clerk shall give to the landowner 15 days’ written notice that there is a dangerous or hazardous tree situated on his property, and failure of said landowner to have the dangerous condition of the tree corrected or the dangerous or hazardous tree removed within said 15-day period shall constitute a violation of this chapter. The removal of trees on Village property shall include the grinding of the stump and root flares 6 inches to 8 inches below grade, the removal of the grindings and the installation of topsoil to grade. Before the Village Clerk shall list a dangerous or hazardous tree, the tree shall have been determined to be a dangerous or hazardous tree by a licensed/certified arborist retained by the Village. Should the property owner contest the determination that a tree is a dangerous or hazardous tree, the licensed/certified arborist retained by the Village shall make the final determination whether corrective action is needed. If the subject tree remains designated as a dangerous or hazardous tree, upon the failure of said landowner to correct the dangerous condition of said tree or to remove said tree, the Board of Trustees may cause said dangerous condition to be corrected, or said dangerous or hazardous tree to be removed, and assess the expense thereof upon the real property involved, and such charge shall constitute a lien and charge upon the real property upon which it is levied until paid or otherwise satisfied or discharged, and shall be collected by the Village Treasurer in the manner provided by law for the collection of delinquent taxes. Any person found guilty of a violation of this section shall be punishable as set forth in Chapter 1, General Provisions, Article III, General Penalty.

§ 122-3. Prohibited acts to Village trees.

No person shall remove, prune or do any act upon any tree located on Village property, except pursuant to an express written grant of authority by the Village; or harm, damage, cut, trim, break or otherwise injure any such tree or its roots; or park any vehicle or machinery, or fuel any such equipment, or pile, heap or store any building materials, soil, debris or other matter, or make any mortar or cement or dispose of any paint or other chemical substances within the drip line of any such tree; or do any other act which a reasonable person would expect to cause any such tree to die, either immediately or within the course of time.

§ 122-4. Protection of Village trees.

A. Whenever any person shall undertake construction, excavation, grading or filling on private property in the Village, the owner of such property shall cause to be filed with the Building Inspector a site plan which, in addition to any other matters required by law or regulation, shall plainly show the location of all trees on any Village right-of-way adjacent to such property, all routes of access and egress to the construction site intended or available to be used by vehicles or equipment, and a description of the method intended to be used to protect such Village trees as required by Subsection B.

B. Before commencing any construction, excavation, grading or filling, the owner shall cause the following precautions to be taken for the protection of trees located on any adjacent Village right-of-way:

(1) With respect to any Village tree having a diameter of 10 inches or less, at a height of 4 feet 6 inches from the ground, a stable and substantial fence at least 4 feet high and surrounding the entire drip line of such tree shall be erected and thereafter continuously maintained until the conclusion of construction.

(2) With respect to any Village tree having a diameter exceeding 10 inches, at a height of 4 feet 6 inches from the ground, if it is determined by the Building Inspector that compliance with Subsection B(1) hereof would unreasonably restrict access to the construction site, then a stable and substantial fence at least 4 feet high shall be erected and maintained at the maximum distance from the tree that the Building Inspector determines is feasible, and any portion of the drip line of such tree not enclosed by such fence shall be protected as the Building Inspector may require.

C. The Building Inspector may impose, in addition to the above regulations, such other and further requirements as he may deem necessary to protect and preserve any Village tree from damage caused by, or as a consequence of construction, excavation, grading, filling or soil compaction or other root damage.

D. Anytime there has been any type of damage or destruction of a Village tree adjacent to a property where work on the home or property is taking place, it shall be assumed that said damage or destruction was caused as a result of the work and the owner of the property shall be responsible and liable for any penalties described herein.

§ 122-5. Trees on Village property or within Village right-of-way. [Amended 7-2-2007 by L.L. No. 2-2007]

A. Trees on Village property. The Board of Trustees by resolution shall provide for the annual inspection by a licensed/certified arborist of the trees within the Village, which trees are located on Village property. If, in the opinion of the licensed/certified arborist retained by the Village, there are trees on Village property which are dangerous or hazardous and require corrective action or removal, the Village Clerk shall within 15 days of having received the written opinion of said licensed/certified arborist, have said condition corrected or said dangerous or hazardous trees removed. The removal of trees on Village property shall include the grinding of the stump and root flares 6 inches to 8 inches below grade, the removal of the grindings and the installation of topsoil to grade. The cost to the Village of correcting a dangerous condition of a tree or removing a dangerous or hazardous tree shall be borne by the Village, unless said dangerous or hazardous tree is situated on Village land adjacent to the public street of the Village, i.e., within the Village right-of-way.

B. Trees located within the Village right-of-way. All trees located within the Village right-of-way shall be maintained by the adjoining property owner. For dangerous trees or hazardous trees, defined as any tree, or part or limb thereof, that is creating a hazard to private property, to a Village street, to the public rights-of-way, to persons using the rights-of-way, or if its roots are causing excessive damage to the curb, gutters, sidewalks, or a sewer system, located within the Village right-of-way, the Board of Trustees shall regularly require the Village Clerk to list the landowners that have situated dangerous or hazardous trees adjacent to their property, within the Village right-of-way. Every such landowner shall be required to remove or to trim the dangerous or hazardous tree located within the public right-of-way. Upon resolution of the Board of Trustees requiring removal of the tree, such landowner shall be required to remove the tree. The Village Clerk shall give to the landowner 15 days' written notice that there is a dangerous or hazardous tree located on the right-of-way adjacent to his property. Failure of said landowner to have the dangerous condition of the tree corrected or the dangerous or hazardous tree removed within said 15-day period shall constitute a violation of this chapter. Before the Village Clerk shall list a dangerous or hazardous tree, the tree shall have been determined to be a dangerous or hazardous tree by a licensed/certified arborist retained by the Village. Should the property owner contest the determination that a tree is a dangerous or hazardous tree, the licensed/certified arborist retained by the Village shall make the final determination of whether corrective action is needed. If the subject tree remains designated as a dangerous or hazardous tree, upon the failure of said landowner to correct the dangerous condition of said tree or to remove said tree, the Board of Trustees may cause said dangerous condition to be corrected, or said dangerous or hazardous tree to be removed, and assess the expense thereof upon the adjoining real property, and such charge shall constitute a lien and charge upon the real property of said abutting owner upon which it is levied until paid or otherwise satisfied or discharged, and shall be collected by the Village Treasurer in the manner provided by law for the collection of delinquent taxes. Any person found guilty of a violation of this section shall be punishable as set forth in Chapter 122, Trees, Penalties for offenses, § 122-6. [Amended 4-6-2009 by L.L. No. 2-2009]

§ 122-6. Penalties for offenses. [Amended 4-6-2009 by L.L. No. 2-2009]

Any person violating the provisions of § 122-5 shall be required to replace the living tree or shrubbery with a like tree or shrub, in consultation with the Village arborist as to location and type, and shall be punished by a fine or penalty up to and including $2,500.