Chapter 5
TREES AND SHRUBSlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=610&chapter_id=41548
8-5-1: PURPOSE AND INTENT:
8-5-2: DEFINITIONS:
8-5-3: TREE AND SHRUB MAINTENANCE AND PLANTING APPROVAL:
8-5-4: PROTECTION; GUARDS:
8-5-5: PRESERVATION; MAINTENANCE; REMOVAL:
8-5-6: DISEASED TREE REMOVAL:
8-5-7: COST-SHARING TREE PLANTING PROGRAM:
8-5-8: TREE TRIMMERS, SURGEONS AND REMOVAL SERVICES:
8-5-9: APPENDIX:
8-5-10: PENALTY:

8-5-1: PURPOSE AND INTENT:linklink


(A) 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.


(B) 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. (Ord. O2323, 3-20-2000)

http://sterlingcodifiers.com/codebook/index.php?book_id=610&chapter_id=41548#s638429
8-5-2: DEFINITIONS:linklink

The following words and phrases shall have the meanings, and are hereby defined, as follows:

PROPERTY OWNER: The record owner or contract purchaser of any parcel of land.

TREES AND SHRUBS: All vegetation, woody or otherwise, except lawn grass and herbaceous flowers.

VILLAGE-OWNED PROPERTY: Property within the limits and: a) owned by the Village in fee simple absolute, or b) impliedly or expressly dedicated to the public. (Ord. O2323, 3-20-2000)
http://sterlingcodifiers.com/codebook/index.php?book_id=610&chapter_id=41548#s638430
8-5-3: TREE AND SHRUB MAINTENANCE AND PLANTING APPROVAL:linklink


(A) Tree Trimming: It shall be unlawful for anyone to trim, prune or remove any tree or portions thereof, whether located within a Village right of way, or on private property within a public easement, without first obtaining a permit for the proposed trimming from the Department of Public Works, Director of Public Works or his authorized representative. The application for tree trimming, on a form acceptable to the Village, shall be accompanied by a written statement, no later than seven (7) days prior to the proposed trimming, indicating the purpose of the trimming of trees, a general description of the tree/trees to be trimmed, the type of trimming to be performed, and the time and place where trimming is planned. The Department of Public Works shall develop a written set of guidelines and/or standards as to the type of trimming permitted.

1. Issuing Of Permit: Permits may be issued with reasonable restrictions to protect the health and/or appearance of trees.

2. Permit Denial: Permits may be denied if the Director of Public Works determines any of the following:

(a) Stated purpose of the trimming does not require trimming;

(b) Scope of the trimming is excessive;

(c) Trimming would be detrimental to the health and/or appearance of the tree;

(d) Work to be performed does not comply with the standards developed by the Department of Public Works.

At no time shall anyone while trimming trees use boot spikes or any other sharpened instrument for the purpose of aiding said individual in the climbing of a tree except for the removal of a dead tree.

Trees that are cut down must be removed, and the root above the grade and stump thereof must be grubbed out.

3. Interfering With Growth Prohibited: No person shall plant, spray or fasten any wire or rope to, or otherwise interfere with the free growth of any tree or shrub in a park, parkway or other village property without first obtaining approval from the director of public works.

4. Public Utility Companies Not Exempt: Public utility companies or their agents are not exempt from any of the requirements of this chapter.

5. Applications: Applications for permit shall be made on blanks furnished by the director of public works. (Ord. O2323, 3-20-2000)


(B) Planting Approval: It shall be unlawful for anyone to plant whether located within a village right of way, or on private property within a public easement, without first obtaining a permit for the proposed planting from the department of public works, director of public works or his authorized representative. The planting must be in accord with the provisions of this chapter, then the applications shall be considered and permit may be issued thereon as follows:

1. If the planting or work is to be done in a parkway (i.e., property adjoining a roadway and forming part of a platted street), and if the proposed planting or work complies with this chapter, the director of public works shall issue the proper permit in accordance therewith. (Ord. 2843, 12-19-2013)

2. If the planting or work is to be done in a public park, or other public place except a parkway, the village manager shall submit the application for permit to the board of trustees, and if the board finds that the proposed planting or work complies with this chapter and is in the public interest, the board shall approve the application and the permit shall be issued in accordance therewith.


(C) Planting Regulations: A permit for planting or care of trees or shrubs in public property may be granted if the following regulations are complied with:

1. There shall not be planted any of the following trees: white poplar, silver maple, box elder, Siberian elm, black locust, willow, honey locust, ailanthus (tree of heaven), cottonwood, white mulberry or any fruit tree; nor shall any white mulberry tree be allowed to increase in number or growth.

2. No tree shall be less than two inches (2") in diameter of trunk one foot (1') above the ground, except for those trees designated in section 8-5-9 of this chapter, which may be less than two inches (2") in diameter of the trunk, provided that the planting of such trees shall be restricted to that portion of the public parkway area located between the edge of the public sidewalk and the private property line.

3. No tree shall hereafter be planted at the intersection of two (2) or more streets, or within twenty feet (20') of such intersection.

4. Trees shall be planted at least ten feet (10') from a street lamp or other public utility structure.

5. No tree shall be planted where the soil is too poor to ensure the growth of such tree, unless the planter excavates a suitable hole of not less than thirty six (36) cubic feet and replaces the material removed with loam or suitable soil.

6. No tree shall be planted nearer than three feet (3') from a curb, sidewalk, or driveway, unless the distance between paved surfaces is less than six feet (6') in which event such tree shall be planted an equal distance from all pavement, and only the following trees shall be planted: blue ash, white ash, sweet gum, American hornbeam, and hop hornbeam.

7. Trees and shrubs on private property shall not overhang the public sidewalk to a height of less than ten feet (10') above the walk and such trees and shrubs shall not be planted within three feet (3') of any public sidewalk.

8. The regulations set forth in subsections (C)3, (C)4, (C)6 and (C)7 of this section shall not apply to plantings which are undertaken pursuant to a comprehensive business district improvement plan approved by the president and board of trustees.

9. Except as otherwise provided in this section, only the type and variety of trees listed by the village as eligible for parkway planting shall be planted in any parkway. (Ord. O2323, 3-20-2000)

http://sterlingcodifiers.com/codebook/index.php?book_id=610&chapter_id=41548#s638431
8-5-4: PROTECTION; GUARDS:linklink

Anyone doing construction, repair or maintenance work on any property adjoining parks, parkways or other public property shall place adequate guards around nearby trees and shrubs in such parks, parkways or other public property so as to prevent injury to such trees. Machinery and implements shall be used in such manner as not to destroy any trees or shrubs on public property. (1965 Code § 27.06)
http://sterlingcodifiers.com/codebook/index.php?book_id=610&chapter_id=41548#s638432
8-5-5: PRESERVATION; MAINTENANCE; REMOVAL:linklink

The village manager is authorized and directed to plant, trim, spray, preserve and remove trees and shrubs within the lines of all streets, alleys and public parks as may be necessary to ensure safety or preserve the beauty of such public grounds. The village manager may cause to be removed any tree, shrub or part thereof which is in unsafe condition, or which by its nature is injurious to sewers or other public improvements, or is affected with any injurious fungus, insect or other pest. (Ord. 1621, 11-19-1984)
http://sterlingcodifiers.com/codebook/index.php?book_id=610&chapter_id=41548#s638433
8-5-6: DISEASED TREE REMOVAL:linklink


(A) Any tree infected with Dutch elm disease or the emerald ash borer is declared to be a public nuisance and subject to abatement as such. No person shall knowingly permit any tree so infected to remain on any lot or tract of land owned or controlled by such person. If such person fails to remove any tree so infected within thirty (30) days after receipt of notice (in form as below prescribed) from the village manager or his designated representative, directing such removal, the village may remove such tree at the expense of such person. (Ord. 2702, 3-16-2009)


(B) The cost of such diseased tree removal is a lien upon the real estate affected, superior to all other liens and encumbrances, except tax liens; provided that notice has been given as hereinafter described, and further provided that within one year after such cost and expense is incurred the municipality, or person performing the service by authority of the municipality in his own name, files notice of lien in the office of the recorder of deeds in the county in which such real estate is located or in the office of the registrar of titles of such county if the real estate affected is registered under the torrens system. The notice shall consist of a sworn statement setting out: 1) a description of the real estate sufficient for identification thereof, 2) the amount of money representing the cost and expense incurred or payable for the service, and 3) the date or dates when such cost and expense was incurred by the municipality. However, the lien of such municipality shall not be valid as to any purchaser whose rights in and to such real estate have arisen subsequent to the tree removal and prior to the filing of such notice, and the lien of such municipality shall not be valid as to any mortgagee, judgment creditor or other lienor whose rights in and to such real estate arise prior to filing of such notice. Upon payment of the cost and expense by the owner of or persons interested in such property after notice of lien has been filed, the lien shall be released by the municipality or person in whose name the lien has been filed and the release may be filed of record as in the case of filing notice of lien, at the sole cost and expense of the owner or person interested in such property. (Ord. 2742, 3-1-2010)


(C) The cost of such tree removal shall not be a lien upon the real estate affected unless a notice shall be personally served or sent by registered mail to the person to whom was sent the tax bill for the general taxes for the last preceding year on the property, such notice to be delivered or sent not less than thirty (30) days prior to the removal of the tree or trees located thereon. The notice shall refer to and contain the substance of this section, and shall identify the property by common description, and the tree or trees affected.


(D) Notwithstanding the foregoing, the village manager is further authorized and directed to contact the property owner having any tree infected, as described in subsection (A) of this section and obtain from such owner permission to treat said infected tree with cacodylic acid and/or Sevin spray in an effort to isolate and eliminate said tree as a breeding area and spreader of tree infection until such time as such tree has been removed in accordance with this section. Permission from the property owner to so treat infected trees on private property must be obtained in writing together with execution of the proper hold harmless and indemnification rights to the village covering the treatment of such tree or trees by village employees.


(E) If any property owner refuses to allow the village to remove such infected trees, the village shall obtain an order from the circuit court of Cook County enjoining the owner from preventing the village from removing such trees. The costs of obtaining such an order shall be included with other costs of removing such trees and become a part of the lien upon the real estate affected. (Ord. 2702, 3-16-2009)

http://sterlingcodifiers.com/codebook/index.php?book_id=610&chapter_id=41548#s638434
8-5-7: COST SHARING TREE PLANTING PROGRAM:linklink

There is hereby established a share the cost parkway tree planting program, to be administered by the village manager or his designated representative. Said program shall be voluntary and shall involve the planting of parkway trees upon the parkways in front of residential properties within this village, at the request of the residence owner and the payment, by the owner of fifty percent (50%) of the cost of said tree and the planting thereof; the remaining fifty percent (50%) of the cost of said tree and the planting thereof to be borne by the village. No such parkway tree planting shall be undertaken under this cost sharing program unless an amount to cover the village's portion of said cost has been first duly appropriated and the village has designated the parkway areas to receive trees and the types of trees to be planted in such areas; nor shall such cost sharing program interfere with or otherwise restrict the village from engaging in parkway tree planting separate and independent of resident owner participation. All such parkway trees planted pursuant to this voluntary cost sharing program shall be and remain the property of the village. (Ord. 1816, 8-15-1988)
http://sterlingcodifiers.com/codebook/index.php?book_id=610&chapter_id=41548#s638435
8-5-8: TREE TRIMMERS, SURGEONS AND REMOVAL SERVICES:linklink


(A) License; Required: It shall be unlawful for any person or corporation to engage in the business of trimming, treating, removing or otherwise dealing with trees without first having obtained a license so to do.


(B) Application; Bond; Insurance: Any person or corporation desiring a license to engage in the business of trimming, treating or removing trees within the village limits shall make an application in writing therefor which shall conform to the general requirements relating to applications for licenses as provided in title 3 of this code; and before issuance of any license such applicant shall post a bond with the village in the amount of two hundred fifty dollars ($250.00), which bond shall be refunded to the applicant upon completion of trimming, treating or removing trees, such completion to include hauling away of all debris and removal of stumps. In addition to the bond herein required, the applicant shall provide evidence of public liability insurance coverage in adequate amounts to protect against damage to persons and property by reason of such work.


(C) Fees: There shall be no annual license fee for carrying on the business of trimming, treating or removing trees.


(D) Inspection Of Site Prerequisite To Bond Refund: It shall be the function of the director of public works to cause an inspection to be made of the job site to assure that all debris and stumps have been removed before the licensee will be entitled to a refund of the bond as provided in this section. (Ord. O2323, 3-20-2000)

http://sterlingcodifiers.com/codebook/index.php?book_id=610&chapter_id=41548#s638436
8-5-9: APPENDIX:linklink

The following trees having a trunk diameter of less than two inches (2") may be planted in that portion of the public parkway area lying between the public sidewalk and the private property line:

American burning bush
American hornbeam
Arborvitae
Black cherry
Chicksaw plum
Chokecherry
Cockspur hawthorn
Dotted hawthorn
Downy hawthorn
Flowering dogwood
Leatherwood
Pagoda dogwood
Pawpaw
Pin cherry
Plum leafed hawthorn
Prairie crab apple
Redbud
Sassafras
Serviceberry
Sourwood
Sweet wild crab apple
Thicket hawthorn
White pine
Wild plum
Witch hazel
Yellowwood

(Ord. 1503, 6-21-1982; amd. Ord. O2323, 3-20-2000)
http://sterlingcodifiers.com/codebook/index.php?book_id=610&chapter_id=41548#s638437
8-5-10: PENALTY:linklink

Any person who violates any portion of this chapter, and particularly those sections establishing regulations for the planting of certain trees and shrubs and establishing regulations for the removal of diseased trees, shall, upon conviction in the circuit court of Cook County, be subject to a fine which shall not be less than twenty five dollars ($25.00) and no more than five hundred dollars ($500.00), exclusive of costs, for each offense. Every day that a violation of any of the provisions of this chapter continues shall constitute a new and separate offense. (Ord. 1497, 5-17-1982; amd. Ord. O2323, 3-20-2000)
http://sterlingcodifiers.com/codebook/index.php?book_id=610&chapter_id=41548#s638438