[HISTORY: Adopted by the Board of Trustees
of the Village of Hamilton 4-10-2007 by L.L. No. 2-2007. Amendments noted where
applicable.]
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,
shrubs, vines, and hedges within the public owned property, utility
and public rights-of-way of the Village of Hamilton.
There is hereby created and established a Village
Tree Commission for the Village of Hamilton, which shall consist of
five members, who shall be residents of the Village of Hamilton, who
shall be appointed by the Mayor subject to the approval of the Village
Board of Trustees. The chairperson of the Commission shall be selected
and appointed by the Mayor. Members of the Commission shall serve
with no compensation. The Commission shall be authorized to promulgate
rules, regulations, standards and specifications with the goal of
promoting and encouraging beautification, air cooling and purification,
noise abatement, property value enhancement and the other attributes
of trees within the Village, which rules and regulations, standards
and specifications shall have the force of law upon enactment by local
law by the Board of Trustees.
The term of the five persons to be appointed
to the Commission by the Mayor shall be three years, except that the
term of two members initially appointed to the Commission shall be
one year and the term of two members initially appointed to the Commission
shall have a three-year term. In the event that a vacancy shall occur
during the term of any member, his or her successor shall be appointed
for the unexpired portion of the term.
The provisions of this chapter shall govern all trees, shrubs, vines and hedges located within street rights-of-way, parks and public places, including public cemeteries of the Village, and all trees, shrubs, vines and hedges located on private property that constitute a hazard. Reference is also made to § 140-24 of this Code, which addresses all tree trimming responsibilities of property owners.
As used in this chapter, the following terms
shall have the meanings indicated:
Trees, shrubs and other woody vegetation in cemeteries with
individual names.
A forest owned and managed by a community, the members of
which share in its benefits.
A tree identified by the Village Director of Utilities of
Public Works and Utilities as a potential risk of failure that could
cause injury to a person or damage property.
Tree with historical value or unusual qualities such a rare
species, old age, abnormality and scenic enhancement.
Practices such as planting, mulching, watering, pruning and
tree removal necessary for sustaining the health of a tree or community
forest.
Any tree with an infectious disease or insect infestation;
dead or dying tree; a tree or tree limb(s) that obstruct streetlights,
traffic signs, the free passage of pedestrians or vehicles; a tree
that poses a threat to safety, either public or private.
To cut and remove an entire tree, including branches, trunk
and stump.
Trees growing within the public right-of-way, typically between
the curb and sidewalk.
The severe cutting back of limbs to stubs within the tree's
crown to such a degree so as to remove the normal canopy and disfigure
the tree.
That part of a street or highway, not covered by sidewalk
or other paving, lying between the property line and that portion
of the street or highway used for vehicular traffic.
The removal of tree branches that interfere with wires, signs,
buildings and other fixed object.
No person, firm or entity shall be permitted
to engage in the business of spraying, or otherwise treating trees,
shrubs, vines, hedges or other plants within the Village without first
producing to the Village evidence of certification and/or license
as an arborist or equivalent status.
No person, firm or entity shall be permitted
to trim, remove, spray or otherwise treat street trees or other trees
or vegetation on public property except upon the prior filing with
the Village Clerk of a certificate of insurance evidencing general
liability limits of at least $1,000,000 for each occurrence/$2,000,000
aggregate, with the Village of Hamilton named as an additional insured
for general liability coverage on a primary and noncontributory basis.
Evidence of auto liability insurance coverage in the amount of $1,000,000
and workers' compensation insurance coverage shall also be required
as applicable.
New residential subdivisions and new commercial
developments in the Village shall be designed and constructed in compliance
with the applicable provisions of this chapter.
Tree planting and maintenance guidelines are
found in the tree care standards attached as an appendix to this chapter.[1] Tree removal will only be allowed if a tree is a hazardous tree or nuisance tree, is causing an obstruction that cannot be corrected through pruning, is preventing the growth of more desirable vegetation, is to be replaced by a more suitable specimen, or is located in an area where new construction requires removal. Tree topping is not allowed. § 140-25 of this Code addresses the planting of poplar trees.
[1]
Editor's Note: Said appendix is on file in
the Village offices.
[Amended at time of adoption of Code Revisions (see Ch. 1,
General Provisions, Art. III)]
No person, firm or entity except the Village
Administrator and/or his designee or a contractor hired by the Administrator
shall plant, remove, cut above the ground, or disturb any tree, shrub,
vine or hedge on any street, park, or other public place without first
filing an application and procuring a no fee permit from the Village
Clerk. The person, firm or entity receiving the permit shall abide
by the standards set forth in this chapter and shall provide proper
prior notification to the UFPO (Underground Facilities Protection
Organization) before any digging begins. Individual homeowners shall
secure authorization from the Village Administrator and/or his designee
before planting a tree, shrub, vine, or hedge in the tree lawn. A
list of recommended/allowable tree species is found in the tree care
standards and will be used in making planting selectings.
[Amended at time of adoption of Code Revisions (see Ch. 1,
General Provisions, Art. III)]
The Village Administrator and/or his designee
and the Codes Enforcement Officer or his/her or their official designee(s)
shall have the power to issue violation notices and appearance tickets
for the violation of any provisions of this chapter. All such violations
of the provisions of this chapter shall constitute a violation punishable
by a fine not to exceed $250, by imprisonment not to exceed 15 days,
or both such fine and imprisonment.
[Amended at time of adoption of Code Revisions (see Ch. 1,
General Provisions, Art. III)]
Privately owned trees not otherwise subject
to the provisions of this chapter which create a hazard affecting
a public right-of-way must be removed or trimmed as directed by the
Village Administrator and/or his designee to remove the hazard.
