[HISTORY: Adopted by the Village Board of the Village of
Fredonia as Secs. 6-4-1, 6-4-2, 6-4-4 to 6-4-14 of the 1995 Code.
Amendments noted where applicable.]
A.
Intent and purpose. It is the policy of the Village to regulate and
establish policy for the control of planting, removal, maintenance
and protection of trees and shrubs in or upon all public areas and
terrace areas of the Village to eliminate and guard against dangerous
conditions which may result in injury to persons using the streets,
alleys, sidewalks or other public areas; to promote and enhance the
beauty and general welfare of the Village; to prohibit the undesirable
and unsafe planting, removal, treatment and maintenance of trees and
shrubs located in public areas; and to guard all trees and shrubs
both public and private within the Village against the spread of disease,
insects or pests.
B.
Application. The provisions of this chapter shall apply to trees
and shrubs growing or hereafter planted in or upon public areas and
terrace areas and also to all trees and shrubs growing or to be planted
in or upon any private premises which shall threaten the life, health,
safety or welfare of the public or of any public areas.
[Amended 2-6-2014 by Ord.
No. 2014-02]
Whenever the following words or terms are used in this chapter,
they shall be construed to have the following meanings:
The land between the normal location of the street curbing
and sidewalk. Where there is no sidewalk, the area four feet from
the curbline shall be deemed to be a "boulevard" for the purpose of
this chapter. "Boulevard" shall have the same meaning as "terrace."
Where there are sidewalks, the area four feet from the curb shall
be deemed boulevard areas under this chapter. Where there is no curb,
the area eight feet from the edge of pavement shall be deemed to be
a boulevard.
Trees with anticipated height of greater than 40 feet at
maturity.
Trimming a tree beyond necessary trimming to comply with
this chapter.
Trees with anticipated height of 20 to 40 feet at maturity.
Trees, shrubs, bushes 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.
Person, firm, association or corporation.
Includes all public parks and other lands owned, controlled
or leased by the Village except the terrace areas.
Any tree, shrub or part thereof which by reason of its condition
interferes with the use of any public area, is infected with a plant
disease, is infested with injurious insects or pests, is injurious
to public improvements or endangers the life, health, safety or welfare
of person or property.
Trees with anticipated height of 20 feet or less at maturity.
Trees, shrubs, bushes and all other woody vegetation on land
lying between property lines on either side of all streets, avenues,
or ways within the Village.
[Amended 2-6-2014 by Ord.
No. 2014-02]
A.
Street tree species to be planted. The following list constitutes
the official street tree species for the Village. No species other
than those included in this list may be planted as street trees without
written permission of the Village Tree Board.
(1)
Small trees.
|
*Celtis occidentalis - Common Hackberry, Windy City, Prairie
Pride
| |
|
*Gymnocladus dioicus - Kentucky Coffeetree, Prairie Titan, Stately
Manor
| |
|
Apricot
| |
|
Cherry
| |
|
Cotinus
| |
|
Little Leaf Linden
| |
|
Prunus Sargenti
| |
|
Redbud
| |
|
Sambucus
| |
|
Sargent Cherry
| |
|
Serviceberry
| |
|
Witch Hazel
|
|
*
|
These trees are suitable as street trees. Other trees on the
list may be planted in other public spaces.
|
(2)
Medium trees.
|
*Acer x freemanii - Autumn Blaze, Celebration, Sienna, Armstrong
| |
|
*Acer rubrum - Red Sunset, Redpointe
| |
|
*Acer saccarum - Green Mountain
| |
|
American Linden
| |
|
Ginkgo, Male
| |
|
Ironwood
| |
|
Japanese Maple
| |
|
Mountain Ash
| |
|
Thuja (windbreak)
|
|
*
|
These trees are suitable as street trees. Other trees on the
list may be planted in other public spaces.
|
(3)
Large trees.
|
*Quercus bicolor - Swamp White Oak
| |
|
*Quercus macrocarpa - Bur Oak
| |
|
*Tilia americana - American Sentry, Boulevard, Legend, Redmond
| |
|
*Ulmus americana - New Harmony, Princeton
| |
|
Aesculus octanda
| |
|
American Beech
| |
|
American Broadleaf
| |
|
American Chestnut
| |
|
American Sycamore
| |
|
Bitternut
| |
|
Black Cherry
| |
|
Black Oak (velatina)
| |
|
Carga Cordifoimis
| |
|
Chinese Elm
| |
|
Hornbeam
| |
|
Northern Catalpa
| |
|
Norway Maple
| |
|
Pecan
| |
|
Pin Oak
| |
|
Scarlet Oak
| |
|
Scotch Pine
| |
|
Shagbark Hickory (Quercus Coccinea)
| |
|
Spruce
| |
|
Sugar Maple
| |
|
Sweet Buckeye/Coffeetree Kentucky
| |
|
White Oak (Quereusalba)
|
|
*
|
These trees are suitable as street trees. Other trees on the
list may be planted in other public spaces.
|
B.
Tree variety.
(1)
In order to mitigate potential loss of the urban forest due to disease
or pest, no more than 20% of trees may come from one "family," no
more than 10% from one "genus," and no more than 5% from any single
species.
(2)
The Village will create and update annually a database of street
and park trees.
(3)
All plantings within public property must be approved by the Director
of Public Works.
D.
Distance from curb and sidewalk. The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the three species size classes listed in Subsection A, and no trees may be planted closer to any curb or sidewalk than the following:
E.
Distance from street corners and fire hydrants. No street tree shall
be planted closer than 35 feet of any street corner, measured from
the point of nearest intersecting curbs or curblines. No street tree
shall be planted closer than 10 feet of any fire hydrant.
The Village shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all street, alleys, avenues, lanes, squares and public grounds, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds. The Village Tree Board may remove or cause or order to be removed, any 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, or other public improvements, or is affected with any injurious fungus, insect or other pest. This section does not prohibit the planting of street trees by adjacent property owners, providing that the selection and location of said trees is in accordance with § 522-3.
It shall be unlawful as a normal practice for any reason, firm
or Village department to top any street tree, park tree, or other
tree on public property. "Topping" is defined as the severe cutting
back of limbs to stubs, larger than three inches in diameter within
the tree's crown to such a degree so as to remove the normal canopy
and disfigure the tree. Trees severely damaged by storms or other
causes, or certain trees under utility wires or other obstructions
where other pruning practices are impractical may be exempted from
this chapter at the determination of the Tree Board.
A.
Clearance trimming.
(1)
Trees and shrubs standing in or upon any public right-of-way between
the lot line and the curb or ledge of the improved street or upon
any private premises adjacent to any public street, right-of-way,
park, playground, or place shall be kept trimmed by the owner or owners
of the premises upon or in front of which such trees or shrubs are
standing so that the lowest branches projecting over the public street
or right-of-way provide a clearance of not less than 14 feet and over
all other public places of not less than eight feet. The Village Tree
Board may waive the provisions of this section for newly planted trees
if he determines that they do not interfere with public travel, obstruct
the light of any streetlight, or endanger public safety.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
Clearance from sidewalk to lower branches shall not be less than
eight feet. All trees standing upon private property in the Village,
the branches of which extend over the line of the street, shall be
trimmed so that no branch shall grow or hang over the line of the
sidewalk lower than eight feet above the level of the sidewalk. No
tree shall be permitted to grow in such a manner as to obstruct the
proper diffusion of light from any public lamp.
B.
Pruning; corner clearance.
(1)
Notwithstanding any other provision of this chapter, no person shall
maintain, plant or permit to remain on any private or public premises
situated at the intersection of two or more streets or alleys in the
Village any hedge, tree, shrub or other growth which may obstruct
the view of the operator of any motor vehicle or pedestrian approaching
such intersection.
(2)
Every owner of any tree overhanging any street or right-of-way within
the Village shall prune the branches so that such branches shall not
obstruct the light from any street lamp or obstruct the view of any
street intersection and so that there shall be a clear space of eight
feet above the surface of the street or sidewalk. Said owners shall
remove all dead, diseased or dangerous trees, or broken or decayed
limbs which constitute a menace to the safety of the public. The owner
shall contact the Village prior to pruning or removing a tree. The
Village shall have the right to prune any tree or shrub on private
property when it interferes with the proper spread of light along
the street from a streetlight or interferes with visibility of any
traffic control device or sign.
[Amended 2-6-2014 by Ord.
No. 2014-02]
(3)
Any shrub, tree or other plant which obstructs the view at an intersection
of the view of a traffic sign shall be deemed to be dangerous to public
travel and the Director of Public Works may order, by written notice,
the owner or occupant of any private place or premises on which there
stands a tree or shrub which unreasonably interferes with or encroaches
upon the street or sidewalk, to take such steps as are necessary to
remove such interference. If such owner or occupant fails, within
10 days of receipt of notice, to take such necessary steps, the Director
of Public Works shall order the Village employees to remove the interference.
The cost of removing the interference shall be levied and collected
as a special tax upon the property upon which or in front of which
such tree or shrub stands.
[Amended 2-6-2014 by Ord.
No. 2014-02]
(4)
Any person who is an owner or occupant or firm or corporation failing to obey the written notice of the Director of Public Works or this chapter as specified in Subsection B(3) above shall, upon conviction thereof, be subject to a forfeiture as established in § 1-4 of this Code of Ordinances.
[Amended 2-6-2014 by Ord.
No. 2014-02]
A.
Damage to public trees. No person shall, without the consent of the
owner in the case of a private tree or shrub, or without written permits
from the Director of Public Works in the case of a terrace-area tree,
public tree or shrub, perform or cause to be performed by others any
of the following acts:
[Amended 2-6-2014 by Ord.
No. 2014-02]
(1)
Secure, fasten or run any rope, wire sign, unprotected electrical
installation or other device or material to, around or through a tree
or shrub.
(2)
Break, injure, mutilate, deface, kill or destroy any tree or shrub
or permit any fire to burn where it will injure any tree or shrub.
(3)
Permit any toxic chemical, gas, smoke, oil or other injurious substance
to seep, drain or be emptied upon or about any tree or shrub or place
cement or other solid substance around the base of the same.
(4)
Remove any guard, stake or other device or material intended for
the protection of a public tree or shrub, or close or obstruct any
open space about the base of a public tree or shrub designed to permit
access of air, water and fertilizer.
(5)
Attach any sign, poster, notice or other object on any tree, or fasten
any guy wire, cable, rope, nails, screws or other device to any tree;
except that the Village may tie temporary "no parking" signs to trees
when necessary in conjunction with street improvement work, tree maintenance
work or parades.
(6)
Cause or encourage any fire or burning near or around any tree.
B.
Excavations. All trees on any parkway or other publicly owned property
near any excavation or construction of any building structure or street
work shall be sufficiently guarded and protected by those responsible
for such work as to prevent any injury to said trees. No person shall
excavate any ditches, tunnels or trenches, or install pavement within
a radius of 10 feet from any public tree without a permit from the
Village Tree Board.
It shall be unlawful for any person to prevent, delay or interfere
with the Village Public Works and Utilities/Tree Board Committee,
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. Furthermore the Public Works and Utilities/Tree Board Committee
or its agent shall have the authority to enter onto private property
whereon there is located a tree, shrub, plant or plant part that is
suspected to be a public nuisance.
The Village shall have the right to cause the removal of any
dead or diseased trees on private property within the Village, when
such trees constitute a hazard to life and property, or harbor insects
or disease which constitute a potential threat to other trees within
the Village. Under the direction of the Village Tree Board, the Arborist
or Director of Public Works shall cause a written notice to be personally
served or sent by registered mail to the person to whom the tax bill
was sent for the general taxes for the proceeding year. Such notice
shall describe the kind of tree, shrub, or other plant or plant part
which has been declared to be a public nuisance; its location on the
property; the reason for declaring it a nuisance; and the actions
that the property owner may undertake to abate the nuisance. Removal
shall be done by said owners at their expense within 60 days after
the date of service of notice. In the event of failure of owners to
comply with such provision, the Village shall have the authority to
remove such trees and charge the cost of removal on the owner's property
tax notice.
All stumps of street and park trees shall be removed below the
surface of the ground so that the top of the stump shall not project
above the surface of the ground.
[1]
Editor's Note: Former § 522-11, Arborist's license
and bond, as amended, was repealed 7-16-2020 by Ord. No. 2020-08.
The Village Board shall have the right to review the conduct,
acts and decisions of the Village Tree Board. Any person may appeal
from any ruling or order of the Village Tree Board to the Village
Board, who may hear the matter and make final decision.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any person violating any provision of this chapter shall be, upon conviction or a plea of guilty, subject to a forfeiture in accordance with § 1-4, General penalty, of the Code.[1] If as a result of the violation of any provision of this
chapter, the injury, mutilation, or death of a tree, shrub, or other
plant located on Village-owned property is caused, the cost of repair
or replacement of such tree, shrub, or other plant shall be borne
by the party in violation. The replacement value of trees and shrubs
shall be determined in accordance with the latest revision of "A Guide
to the Professional Evaluation of Landscape Trees, Specimen Shrubs,
and Evergreens," as published by the International Society of Arboriculture.
[1]
Editor's Note: See the Village's Schedule of Forfeitures,
which is on file in the Village office.
