Section XIV-VI - Regulation of Trees and Vegetation

Chapter XIV, Section VI - Regulation of Trees and Vegetation

Sec. 14-6-1    Parkways defined
Sec. 14-6-2    Permit required
Sec. 14-6-3    Trees at intersections
Sec. 14-6-4    Spacing of trees
Sec. 14-6-5    Clearance from curb or alley
Sec. 14-6-6    Restricted trees
Sec. 14-6-7    Removal or trimming of trees; hazards
Sec. 14-6-8    Costs assessed to owner
Sec. 14-6-9    Failure to Comply – Penalty (Repealed)
Sec. 14-6-10    Savings clause
Sec. 14-6-11    Effective date

Sec. 14-6-1. Parkways defined.

For purposes of this Chapter, parkways means that portion of a street or highway right-of-way not paved or otherwise set apart for vehicular use, which abuts on the owner's property.

Sec. 14-6-2. Permit required.

No person shall plant trees or woody plants on the public right-of-way without a tree-planting permit. Such permit may be obtained from the Town Clerk, with the approval of the Town Administrator. All landscaping and planting upon public rights-of-way must be approved by the Town Administrator.

Sec. 14-6-3. Trees at intersections.

Planting of trees and woody plants at intersections shall be located midway between the sidewalk (if any) and curb and at least twenty-five (25) feet from the curb of the intersection in both directions and within the area created by a diagonal line between these two (2) points.

Sec. 14-6-4. Spacing of trees.

Trees shall be spaced at least thirty-five (35) feet apart, except that the Town Administrator may permit shorter spacing, but not less than twenty-five (25) feet upon application.

Sec. 14-6-5. Clearance from curb or alley.

No trees shall be planted closer than five (5) feet from any driveway or alley and shall not be planted in such a way as to interfere with or obstruct any improvements such as traffic and street signs and signals, fire hydrants, overhead utility wires, street lights, utility poles and the like.

(1) When a space of less than five (5) feet in width exists between the curb and the abutting property line, no trees or woody plants shall be planted on the public area involved.
(2) Where a combination sidewalk, curb and gutter have been installed, no tree or woody plant shall be located nearer than five (5) feet from the edge of the nearest concrete installation.

Sec. 14-6-6. Restricted trees.

The trees listed herein shall not be planted on public rights-of-way:

(1)    Any of the populus species (Populus sp.), excluding Aspen;
(2)    Any of the willow species (Salix sp.);
(3)    Any box elder (Acer negundo);
(4)    The Siberian (Chinese) elm (Ulmus pumila);
(5)    Any weeping or pendulous type tree;
(6)    Any tree with a bushy growth habit which cannot be maintained to a single leader or trunk;
(7)    Any shrub or hedge growth which by its habit of growth would obstruct, restrict or conflict with necessary and safe use of the public rights-of-way.

Sec. 14-6-7. Removal or trimming of trees; hazards.

It shall be the duty of the owner or person in possession of property to remove or trim any tree, shrub, plant or other growth which, in the opinion of the Town Administrator , interferes with the proper use of the parkways for sidewalk purposes or which create a traffic hazard. In the event the Town Administrator determines that an obstruction or hazard exists, then he or she shall state his or her findings in writing and shall mail such to the owner and to the person in possession, together with a notice that, unless the owner or person in possession has removed or trimmed, as the case may be, the tree or shrub creating the hazard or interference, by a date certain, but not less than ten (10) days after mailing of the notice, the Town will do or cause the work to be done and the owner or person in possession will be charged therefor.

(1) Any person may appeal the orders of the Town Administrator to the Town Board by filing written notice of appeal with the Town Clerk prior to the date set in the Town Administrator order. If a notice is filed, the Town Clerk shall place the matter upon the agenda for the next Town meeting, unless the Mayor shall call a special meeting for an earlier date. The person appealing shall be given notice of the time and place of the hearing. The hearing will be conducted in accord with the provisions of Chapter 2-9 of this Code. Pending determination by the Town Board, the Town Administrator's order shall be stayed.
(2) The Town Board may affirm the Town Administrator's order and set a new date for compliance, reject the order or modify and make a new or different order.

Sec. 14-6-8. Costs assessed to owner.

In the event the Town removes or trims trees or shrubbery or other growth, after notice to the owner and failure of the owner to act, the cost of such removal or trimming shall be charged to the owner. The Town Clerk shall mail by certified mail to the owner an assessment notice setting forth in detail the total amount owed and giving the owner thirty (30) days within which to pay. Failure to pay any such assessment within the thirty-day period shall cause the assessment to become a lien against the lot, block or parcel of land owned or occupied by the person to whom the assessment notice was mailed, and such lien shall have priority over all other liens except the general taxes and prior special assessments.

Sec. 14-6-9. Failure to Comply - Penalty.

(Repealed by Ord. 420 §1, 1991. See Section 1-3-1 for applicable penalty.)

Sec. 14-6-10. Savings clause.

Should any section or provision of this Section VI be declared invalid, such decision shall not affect the validity of the remaining portions of this Section VI.