[HISTORY: Adopted by the Village Board of
the Village of Belgium 7-11-2011 by Ord. No. 14-11.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 250,
Trees and Shrubs, adopted 11-7-1994 by Ord. No. 36-94 (Title 6, Ch.
3 of the 1991 Code), as amended.
As used in this chapter, the following terms shall have the
meanings indicated:
Trees, shrubs, bushes and all other woody vegetation in public
parks and all areas owned by the Village or to which the public has
free access as a park.
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 4-11-2016 by Ord. No. 3-16; 3-12-2019 by Ord. No. 3-19]
The Parks and Recreation Committee shall establish a list of
all acceptable street tree species for the Village. No species other
than those included on said list may be planted as street trees without
written permission of the Parks and Recreation Committee. The Parks
and Recreation Committee shall establish a written policy for the
spacing of street trees and setting forth the distance trees may be
planted from curbs, curblines, sidewalks, street corners and fire
hydrants.
[Amended 4-11-2016 by Ord. No. 3-16; 3-12-2019 by Ord. No. 3-19]
No street trees other than those identified by the Parks and Recreation Committee pursuant to § 250-2 may be planted under or within 10 lateral feet of any overhead utility wire or above or within 20 feet of any underground waterline, sewer line, transmission line or other utility.
The Village shall have the right to plant, prune, maintain and
remove trees, plants and shrubs within the lines of all streets, 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.
[Amended 4-11-2016 by Ord. No. 3-16; 3-12-2019 by Ord. No. 3-19]
No person, firm or Village department shall, as a normal practice,
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
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 section at the determination of the Parks
and Recreation Committee.
A.
Every owner of any tree overhanging any street shall prune the branches
so that such branches do not obstruct the light from any streetlamp
and so that there shall be a clear space of 10 feet above the surface
of the street or sidewalk.
B.
No person shall maintain, plant or permit to remain on any private or public premises any tree, shrub, hedge or other vegetation between the heights of 2 1/2 feet and 10 feet above the plane through the mean curb grades within the triangular space formed by any two existing or proposed intersecting street or alley right-of-way lines and a line joining points on such lines located a minimum of 15 feet from their intersection, or in the case of arterial streets intersecting with other streets or railways a minimum of 50 feet from their intersection. (See Appendix A to Chapter 270.)
C.
No person shall maintain, plant or permit to remain on any private
or public premises any tree, shrub, bush or vegetation of any kind
which is an obstruction to the clear and complete vision of any traffic
sign or driveway approach to a street in the Village.
D.
It shall be the duty of every owner of a tree, shrub, bush or other vegetation to remove the obstructions as set forth in Subsections A, B and C hereof. Any tree, shrub, bush or other vegetation which obstructs a streetlamp, sidewalk, the view at an intersection, the view of a traffic sign or the view at a driveway approach shall be deemed to be dangerous to public travel, and the Village may order, by written notice, the owner or occupant of any private place or premises on which there stands such obstruction 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 Village shall remove the interference. The cost of removing the interference shall be levied and collected as a special charge upon the property on which or in front of which such obstructing tree, shrub, bush or other vegetation stands.
A.
Dangerous, obstructive and infected trees. Any tree or part thereof,
whether alive or dead, which the Village shall find to be infected,
hazardous or a nuisance so as to endanger the public or other trees,
plants or shrubs growing within the Village or to be injurious to
sewers, sidewalks or other public improvements, whether growing upon
public or private premises, shall be removed, trimmed or treated by
the owner of the property upon or adjacent to which such tree or part
thereof is located. The Village shall give written notice to said
owner to remedy the situation, which shall be served personally or
posted upon the affected tree. Such notice shall specifically state
the period of time within which the action must be taken, which shall
be within not less than 24 hours nor more than 14 days as determined
by the Village on the basis of the seriousness of the condition of
the tree or danger to the public. If the owner shall fail to remove,
treat or trim said tree within the time limit, the Village shall cause
the tree to be removed, treated or trimmed and shall report the full
cost thereof to the Village Clerk, who shall thereupon enter such
cost as a special charge against the property.
B.
Removal standards. In cutting down trees located in public and terrace
areas, the tree must be removed with the root stump grubbed out or
ground out to a depth of at least nine inches below grade measured
in a straight line with the normal grade of sidewalk to top of curb.
All wood and debris must be removed from the street prior to the end
of the each working day, and all holes shall be filled to normal grade
level with topsoil as soon as practical.
C.
Private removal.
(1)
Except as otherwise provided herein, no person, firm, organization
or corporation shall trim, remove or destroy any tree or shrub located
in or upon any public place until written permission shall have been
issued by the Parks and Recreation Committee. Such permission shall
be given only when the removal, trimming or cutting of the tree or
shrub is necessary, as determined by the Parks and Recreation Committee,
because of disease, damage or hazardous condition and/or location
or because its location is such that substantial detriment is done
to the property abutting the tree or shrub. Such written permission
shall expressly state the premises upon which the tree or shrub stands
and the location of the tree or shrub thereon.
[Amended 4-11-2016 by Ord. No. 3-16; 3-12-2019 by Ord. No. 3-19]
(2)
Notwithstanding the foregoing provisions, any public utility may
trim, remove or destroy any tree or shrub located upon any public
place after receiving verbal permission from the Village Director
of Public Works. Such verbal permission shall only be given for the
reasons set forth above.
[Amended 4-11-2016 by Ord. No. 3-16; 3-12-2019 by Ord. No. 3-19]
No person shall prevent, delay or interfere with the Parks and
Recreation Committee, Village employees, or any of their agents while
engaging in the planting, cultivating, mulching, pruning, spraying
or removing of any trees, shrubs, bushes or other vegetation on private
grounds as authorized in this chapter.
