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HomeMy WebLinkAboutOrd 3150 10/20/1981 RDINANCE NO. 3150 AN ORDINANCE TO AMEND CHAPTER 9 ENTITLED "STREETS AND SIDEWALKS" OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS BE IT ORDAINED BY'THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS: SECTION ONE: Chapter 9 entitled "Streets and Sidewalks" of the Village Code of Mount Prospect, Illinois, 1981, is hereby amended as follows: A. By deleting Article V thereof entitled "Trees and Shrubs" in its entirety, and by substituting therefore a new Article V entitled "Trees" to read: ARTICLE V TREES SECTION: 9.501. 9.502. 9.503. 9.504. 9.505. 9.506. 9.507. 9.508. Planting on Public Property Removal of Trees Dangerous T~ees Dutch Elm Disease Control Obstructions to Trees Excavations and Construction Injury to Trees Penalty SECTION 9.501. Planting on Public Property Permit required. No tree shall be planted on public property, in- cluding, but not limited to, public streets and parkways, without a permit. An application for such a permit shall be filed with the Director of Public Works and shall contain at least the following: Name and address of Applicant; Address of property where the tree is proposed to be located; A plan drawn to scale showing: a. The proposed location of each tree to be planted. b. The diameter of each tree; c. The species of each tree. Issuance or Denial of Permit. Within 14 days after receipt of a completed application for a tree planting permit, the Director of Public Works shall review such plan for compliance with applicable Village of Mount Prospect ordinances. If the proposed tree planting does not so comply, said Director shall notify the applicant in writing of the reasons for said Director's refusal to grant Applicant tree planting per~,it. egulations Governinq Tree Planting. Ail trees to be planted on public property shall be planted in accordance with the following provisions: Il. Ail trees planted by the applicant shall be guaranteed for one year from the date of planting and shall be replaced by the applicant at no charge to the Village, should they die or fail to grow adequately in the opinion of the Director of Public Works. The replacement tree shall be of the same size, species and quality, and shall carry the same one year guarantee. All trees sh~il be grown in a nursery located in th~ northern half of the State of Illinois and licensed by the State of Illinois. Trees selected for planting in the Village shall be healthy, free of insects and diseases, bark bruises, and scrapes on the trunk or limbs before and after planting. Selected trees shall have a straight trunk with limbs not lower than six feet (6) above the ground. Tree holes may be machine dug, but if any existing lawn is damaged, it shall be the responsibility of the applicant to restore the lawns to its original condition. All trees shall be hand planted and planted straight. The applicant shall also secure all necessary underground utility locations prior to planting. The planting season shall be approximately October 15 to December 1, and March 15 to May 1. Trees shall have a minimum trunk diameter, measured six inches (6") above the ball, of two and one-half inches (2%"), unless specific permission is granted otherwise by the Director of Public Works. Trees to be pianted in the parkway shall be no closer than six feet (6') from driveways and forty feet (40') from intersections, as measured from the right of way extended. No trees are to be planted within six feet (6') on either side of a fire hydrant, buffalo box, or existing tree stump. Planting locations of trees shall be subject to the following regulations: Replacement Trees. Replacement trees may be planted any distance from existing parkway trees, as long as such planting is in compliance with all other provisions in this Article. "Replacement trees" shall be defined as only trees being plant- ed to replace trees removed by the Village within the year previous to the date the application for a planting permit is made. New Trees. New trees shall be planted no closer than forty feet (40') from any other parkway tree. "New trees" shall include all trees not covered by the term "replacement trees" as defined above. Planting Requirements Trees shall be planted on the center line of the parkways. No trees shall be planted on parkways less than four feet (4') in width unless in the opinion of the Director of Public Works, the planting and the species of the tree approved will not en- danger sidewalk, curb and gutters, sewer, water lines or other physical property. . The planting hole shall be twelve inches (12") larger in diameter than the diameter of the ball. 3. The tree shall be planted the depth at which it was growing in the nursery. In most instances the backfill around the ball shall be the same soil as that which was removed from the hole; however, in cases where rocks, stones, etc. are encountered, top soil shall be used." Any excess soil, debris or trimming shall be removed from the planting site immediately upon completion of planting. Where necessary, trees shall be staked to insure that they remain straight. Ail tags, wires and plastic ties shall be removed from each tree. Species of Tree Allowed. Only the following species of trees shall be planted unless specific permission is granted other- wise by the Director of Public Works: Norway Maple Red Maple Sugar Maple Hackberry White Ash Green Ash Blue Ash Tulip Tree White Oak Burr Oak Little-leaf Linden Shingle Oak Schwedler's Purple Maple Crimson King Maple Horse Chestnut American Beech Purple-leaf Beech European Beech Maidenhair Tree or Ginkgo ~ale ¢ Honeylocust (thornless varietie Northern Red Oak Scarlet Oak Swamp White Oak Katsura Tree It shall also be unlawful to plant any type of shrub, bush, or evergreen in the parkway. SECTION 9.502. Removal of Trees. It shall be unlawful to remove or cut down any tree in any street, parkway or other public place without having first secured a permit therefor. Applications for such per- mits shall be made to the Director of Public Works for approval before permission shall be granted. SECTION 9.503. Dangerous Trees. Any tree which overhangs any sidewalk, street or other public place in the Village in such a way as to impede or interfere with traffic or travel on such public place shall be trimmed by the owner of the abutting premises on which such tree grows so that the obstruction shall cease. Any limb of a tree growing on private property which has become likely to fall on or across any public way or place shall be removed by the owner of the premises on which such tree grows or stands. SECTION 9.504. Dutch Elm Disease Control. Definitions. Whenever used herein, the following words shall have the following definitions: ELK BARK BEETLE: The European Elm Bark Beetle known scientifically as Scolytus Multistratus, or the native elm bark beetle known scientifically as Hylurgopinus rufipes. DISEASED TREE: A tree infected with Dutch Elm Disease. UTCH ELM DISEASE: A disease known scientifically as fungus Ceratocystis ulmi. PREMISES: Any lot or tract of land within the Village not owned by the said Village or dedicated for public use. TREE: Zo Any tree of the genus "Ulmus" which includes any portions thereof, the stumps thereof, and any wood piles consist- ing of portions of any such tree. Nuisance Declared. Any tree found to be infected with Dutch Elm disease, located on any premises in the Village shall hereby be declared to be a public nuisance and it shall be removed within ten days following receipt of the notice for which provision is made herein. It shall be unlawful for any person that owns any premises on which a diseased tree is located, to allow such tree to remain on any such premises after the expiration of ten (10) days after receipt of notice pursuant to subsection E herein. Breeding places of Elm Bark Beetles, Nuisance. Trees or parts thereof, in a dead or dying condition,, including stumps and wood in wood piles, that may serve as a breeding place or places of the Elm Bark Beetle are hereby declared to be public nuisances. It shall be un- lawful for any person that owns premises on which any such tree, parts thereof, stumps or wood piles, are located to permit the same to remain thereon after the expiration of ten days after receipt of a notice to remove the same pursuant to subsection E herein. Enforcement and Inspection. The provisions of this Section shall be enforced by the Director of Public Works. The Director of Public Works or his duly authorized representative, is hereby authorized, after giving notice of his intent and purpose, to enter in or upon any premises in the Village, at all reasonable hours, for.the purpose of inspecting such premises as he, or his duly authorized representati¥ has reasonable cause to believe may contain diseased trees or breed- ing places of the Elm Bark Beetle. The'Director of Public Works, or his duly authorized representative, may remove from such'trees such samples, borings or specimens as are required for the purpose of making a laboratory analysis to determine whether any tree located thereon is infected with Dutch Elm Disease or is a breeding place of the Elm Bark Beetle. It shall be unlawful for any person to prevent the Director of Public Works, or his duly authorized representative, from entering upon such premises for the purpose of carrying out his duties hereunder or to interfere with the Director of Public Works, or his duly authorized representative, in the performance of his lawful duties under the provisions of this Section. Notice. If any tree growing on any premises in the Village is found to be infected with Dutch Elm disease, the Director of Public Works shall serve a notice upon the owner or occupant of the premises on whic the said tree is growing to remove the said tree within ten days. Such notice shall be served personally on, or sent by registered mail, to, the person to whom was sent the tax bill for the general taxes for the last preceeding year on the property on which the said infected tree or trees are located. Such notice shall contain the following information. 1. The identity of the property, by common description. 2. The trees affected. 3. A notice that it is unlawful to permit such infected tree to remain on the property. . A request for the removal of the tree. 5. A notice that if the tree 'is not removed within ten days, the Village will make necessary arrangements to remove the same and charge the cost thereof to the owner or occupant of the premises; and / 6. A notice that if the cost and expense incurred in the removal of such infected tree is not paid, then within sixty (60) days after the incurrence of such cost and expense a notice of lien on the real estate affected will be filed in the Office of the Recorder of Deeds, or Registrar of Titles, whichever is applicable~ of Cook County, Illinois. Abatement. If any person served witha notice to remove a diseased tree refuses or neglects to remove the said tree, within ten days of the date that such notice is received, then the Director of Public Wor] or his duly authorized representative, agents or contractors, may entel in or upon the premises where the said diseased tree is located and remove the said tree. The cost and expense of such removal shall be Charged to and paid by the owner or occupant of the lot or premises. Liens. If a diseased tree is removed by the Village, or by someone directed to remove the said tree on behalf of the Village, a notice of lien containing the cost and expense of removal incurred by the Village may be recorded in the following manner: The Village, or the person or firm authorized by the Village to remove such tree in his or its own name, shall file a notice of lien in the Office of the Recorder of Deeds of Cook County, Illinois, or, where applicable, in the Office of the Registrar of Titles of Cook County, Illinois. The lien notice shall consist of a sworn statement setting out~ 1. A description of the real estate sufficient for identification. 2. The amount of the cost and expense incurred or payable for the service; and 3. The date or dates when such cost or expense was incurred by the Village. Such notice shall be filed within sixty (60) days after the cost and expense has been incurred. Release of Lien. Upon payment of the cost and expense by the owner or persons interested in the real' estate affected, after notice of lien has been filed, the lien shall be released by the Village or person in whose name the lien has been filed and the release may be filed of record in the same manner herein provided for the filing of a notice of lien. Penalty. Any person violating any provision of this Section shall be fined not less than twenty five dollars ($25.00), nor more than two hundred dollars ($200.00) for each offense, and a separate offense shall be deemed to have been committed on each daY during or on which a diseased tree is permitted to remain after thirty (30) days from receipt of notice. SECTION 9.505. Obstructions to Trees. ae Advertisements or Notices: It shall be unlawful to attach any sign, advertisement or notice to any tree in any street, parkway'or other public place. Wires: It shall be unlawful to attach any wire, rope, or other forei~ object to any tree without permission of the Director of Public Works. Any person or company given the right to maintain poles and wires in the streets, alleys or other public places in the Village, shall in the absence of provision in the franchise concerning the subject, keep such wires and poles free from and away from any trees n such places so far as may be possible and shall keep all such trees properly trimmed and subject to the supervision of the Director of Public Works, so that no injury shall be done to the poles or wires and trees by contact. Ce Gas Pipes: Any person maintaining any gas pipe in the Village' shall, in the absence of provision in the franchise concerning the subject, keep such pipes from leaks. SECTION 9.506. Excavations and Construction. In making excavations in streets or other public places, no digging will be allowed within five feet (5') of any tree, unless specific permission is granted otherwis~ by the Director of Public Works. In all such excavations, proper care shall be taken to avoid injury to the roots of any tree, whereve possible. During any type of construction work, the applicant shall place guards aroun all nearby trees to prevent injury to such trees, especially injury that may occur to oak trees because of disturbances within the drip line. SECTION 9.507. Injury to Trees. It shall be Unlawful to injure any tree planted in any such public place. SECTION 9.508. Penalty. Any person violating any provision of this Article shall be fined not less than one dollar ($1.00) nor more than one hundred dollars ($100.00) for each offense; and a separat~ offense shall be deemed committed on each day during or on which a violatio~ occurs or continues. In addition, any person who injures any tree planted in any such public place shall be held responsible for the cost of repairs, if in the .opinion of the Director of Public Works, the injured tree will not die as a result of such injuries. In the case of unauthorized destruction or removal of such trees, the persor committing the offense shall be held responsible for the cost of removal and replacement of trees at the rate of one hundred dollars ($100.00) per inch of trunk diameter. SECTION TWO: This Ordinance shall be in full force and effect upon its passage, approval and publication in accordance with law. PASSED THIS 20th day of October , 1981. AYES: NAYS: ABSENT: Arthur, Murauskis, Wattenberg, Krause Farley, Floros Miller APPROVED THIS 20th day of October · 1981. ATTEST: VILLAGE CLERK GE PRESIDENT