Chapter 8 - Public Ways
Division 7 - Trees and Shrubs
SEC. 8.7-1 TREES AND SHRUBS ON TOWN PROPERTY. This Section shall be applicable to trees and shrubs planted in or located on Town property, and to trees and shrubs located on private property which grow onto or above Town property.
- DEFINITIONS. As used in this Section the following words and
phrases shall have the following meanings:
- “Drip-line” shall mean a point directly below the outer most
point of a branch away from the trunk or center of a tree or
shrub.
- “Person” means any natural born person, corporation,
partnership or voluntary association, or other entity recognized
under Illinois law.
- “Parkway” means that area between the road pavement and the
property line demarcating the extent of road right-of-way
including any public sidewalk.
- “Shrub” means a woody plant which grows less than 20 feet
tall without support.
- “Town property” means any real property owned by the Town of
Normal, including, but not limited to, all road rights-of-way,
parks and facilities and other Town property.
- “Tree” means any plant which grows more than 20 feet tall
without support.
- “Tree or shrub located in a municipal parkway” means a tree
or shrub which is actually rooted in whole or in part in the
parkway or a tree or shrub that occupies any portion of the air
space above the parkway, whether or not such tree is actually
rooted in the parkway.
- “Trim” shall mean the removal of any branch with a diameter
of greater than one inch, or the removal of more than one-third
of the foliage of a tree or shrub within a single growing
season.
- “Drip-line” shall mean a point directly below the outer most
point of a branch away from the trunk or center of a tree or
shrub.
- IMPEDING TRAFFIC. Any tree or shrub located in a municipal
parkway shall have its trunk, boughs or branches thereof cut and
trimmed so as not to impede the passage of persons or vehicles
along any street or sidewalk. Any branch or portion of a tree or
shrub shall be considered an impediment if it is less than 8
feet above a sidewalk or less than 14 feet above a street. It
shall be unlawful for any person or property owner to permit a
tree or shrub to impede the passage of persons or vehicles along
a street or sidewalk. A property owner is liable for any tree or
shrub violating this section which is rooted on private
property. A property owner is not liable for any tree or shrub
which is rooted in a municipal parkway. A violation of this
section is an absolute liability offense with regard to property
owners, and the Town need not prove knowledge of the violation
on the part of property owner. Every day upon which a violation
occurs shall be considered a separate violation.
- OBSTRUCTING VIEWS. All trees or shrubs located in a municipal
parkway shall have the trunks, boughs or branches thereof cut
and trimmed so as not to obstruct the view of any person or
driver of a vehicle traveling along a street or sidewalk of any
traffic sign, traffic signal, street identification sign, or
other vehicles or pedestrians which may be on or entering the
roadway. It shall be unlawful for any person or property owner
to permit a tree or shrub to obstruct the view as provided by
this section. A property owner is liable for any tree or shrub
violating this section which is rooted on private property. A
property owner is not liable for any tree or shrub which is
rooted in a municipal parkway. A violation of this section is an
absolute liability offense with regard to property owners, and
the Town need not prove knowledge of the violation on the part
of property owner. Every day upon which a violation occurs shall
be considered a separate violation.
- RESPONSIBILITY OF ADJACENT PROPERTY OWNERS.
- Non-emergency trimming. Where the owner of premises adjacent
to streets, alleys, or sidewalks permits the limbs, boughs, or
foliage of trees, or shrubs planted on the premises to grow in
such a manner as to impede the travel of vehicles or persons on
streets or sidewalks or to obstruct in whole or in part the view
of any traffic sign, traffic control device, street
identification sign, or other vehicles or persons who may be on
or enter the roadway, it shall be the duty of the Director of
Parks and Recreation to notify such owner in writing to trim
such trees or shrubs within ten (10) days. If the person so
notified shall neglect or refuse to comply with such notice, the
Director of Parks and Recreation may cause such foliage to be
trimmed at the expense of the owner. The Town may charge the
owner with the costs so incurred, and such costs shall be a lien
on the premises. The lien may be enforced as provided by law.
- Emergency trimming. Where the owner of premises adjacent to
streets, alleys, or sidewalks permits the limbs, boughs, or
foliage of trees or shrubs planted on the premises to grow in
such a manner as to impede the travel of vehicles or persons on
streets or sidewalks or to obstruct in whole or in part the view
of any traffic sign, traffic control device, street
identification sign, or other vehicles or persons who may be on
or enter the roadway, and the Director of Parks and Recreation
determines that the tree or shrub creates an immediate danger to
the health and safety of persons on the street or sidewalk, the
Director of Parks and Recreation shall cause the tree or shrub
to be trimmed or removed so as to remove the danger. The Town
may charge the owner with the costs so incurred, and such costs
shall be a lien on the premises. The lien may be enforced as
provided by law.
- Non-emergency trimming. Where the owner of premises adjacent
to streets, alleys, or sidewalks permits the limbs, boughs, or
foliage of trees, or shrubs planted on the premises to grow in
such a manner as to impede the travel of vehicles or persons on
streets or sidewalks or to obstruct in whole or in part the view
of any traffic sign, traffic control device, street
identification sign, or other vehicles or persons who may be on
or enter the roadway, it shall be the duty of the Director of
Parks and Recreation to notify such owner in writing to trim
such trees or shrubs within ten (10) days. If the person so
notified shall neglect or refuse to comply with such notice, the
Director of Parks and Recreation may cause such foliage to be
trimmed at the expense of the owner. The Town may charge the
owner with the costs so incurred, and such costs shall be a lien
on the premises. The lien may be enforced as provided by law.
- DESTRUCTION OR TRIMMING OF TREES OR SHRUBS ON TOWN PROPERTY.
Destruction of trees or shrubs or trimming of trees or shrubs on
any Town property, including parkways, is not permitted except
upon approval of the Director of Parks and Recreation. It shall
be unlawful for any person to trim, remove or destroy any tree
or shrub on Town property without first having obtained the
permission of the Director of Parks and Recreation. In addition
to any fine
which may be assessed for a violation of this section, a person
found to have violated this section shall also pay to the Town
the value of the tree or shrub which was trimmed, destroyed or
removed as provided by the most recent version of A Guide to the
Professional Evaluation of Landscape Trees, Specimen Shrubs and
Evergreens as published by the International Society
Arboriculture, but in no event less than the actual cost of
replacement of a tree or shrub of similar type.
Trimming, or to trees and shrubs whose trunk is located entirely on private property.
- ACCIDENTAL DAMAGE TO TREES OR SHRUBS ON TOWN PROPERTY. Any
person who accidentally causes damage to or destruction of any
tree or shrub on Town property shall pay the Town the value of
the tree or shrub which was damaged, destroyed or removed as
provided by the most recent version of A Guide to the
Professional Evaluation of Landscape Trees, Specimen Shrubs and
Evergreens as published by the International Society
Arboriculture, but in no event less than the actual cost of
replacement of a tree or shrub of similar type. This Section F
shall not apply to utility companies performing line clearance
trimming or to trees and shrubs whose trunks are located
entirely on private property.
- PLANTING OF TREES OR SHRUBS ON TOWN PROPERTY. Any tree or
shrub planted on Town property, including any parkway, becomes
the property of the Town of Normal upon planting, and any other
claims of ownership cease upon being planted on Town property.
- PERMIT REQUIRED. It shall be unlawful for any person to plant
a tree or shrub on Town property without first obtaining the
permission of the Parks and Recreation Director. The Director of
Parks and Recreation shall have the power to order the removal
of any tree planted in violation of this Code upon the giving of
written notice to the person who planted or caused to be planted
such tree. Upon the failure of such person to remove such tree
within a reasonable time after such notice, the Director of
Parks and Recreation may have such tree removed, and such person
may be charged with the expense of the removal of the tree. Such
expense may be collected by bringing suit in the name of the
Town against such person. In determining whether a permit shall
be issued, the Parks and Recreation Director shall consider the
following factors:
- The likelihood of interference with utility lines.
- Whether the tree or shrub is likely to grow such that it
touches a structure or interferes with persons or vehicles on
the streets or sidewalks.
- Whether there is sufficient room for the type and size of
tree or shrub at that location.
- Whether the tree or shrub is likely to drop fruit in a
location where such fruit is likely to cause a mess.
- Whether the tree or shrub is likely to drop branches which
might injure persons or impede persons or vehicles.
- Whether the tree or shrub is likely to interfere with the
ability of persons to see traffic signals or other traffic along
streets.
- The likely health of the tree or shrub in the area to be
planted.
- The amount of care which a particular tree or shrub may
require during its life.
- The overall aesthetic of the location of the tree or shrub.
- Whether the tree or shrub is of a variety already located in
the area. Planting of a single species or type in an area should
be avoided.
- Whether the tree has thorns which are likely to hurt
persons.
- The likely longevity of the tree.
- The likelihood of interference with utility lines.
- ROOT PROTECTION. In order to protect the roots and health of
trees, the following activities are prohibited:
- Except as otherwise specifically provided in any franchise
agreement, it shall be unlawful for any person to dig a trench
or other hole deeper than one inch deep on Town property within
an area closer than one foot of the outer drip-line of any tree
or shrub which is over 20 feet tall without the permission of
the Director of Parks and Recreation. The application for a
permit shall depict the exact location and description of the
excavation or digging and the location and description of any
trees whose drip-lines extend into the excavation or digging
area. In determining whether permission to dig or trench shall
be granted, the Director of Parks and Recreation shall determine
if alternatives to digging or trenching, such as boring or
relocating, are available, the hardship to the person seeking to
dig or trench, and the likely damage to any tree or shrub.
- It shall be unlawful for any person to pave or place a drive
or expand a drive on Town property in the area between the trunk
and the drip-line of any tree or shrub without the permission of
the Director of Parks and Recreation. In determining whether
permission to pave shall be granted, the Director of Parks and
Recreation shall determine if alternative locations are
available, the need for the paving, the hardship to the person
seeking to pave, and the likely damage to any tree or shrub.
- It shall be unlawful for any person to place rocks or debris
between the trunk and the drip-line of any tree planted on Town
property.
- Except as otherwise specifically provided in any franchise
agreement, it shall be unlawful for any person to dig a trench
or other hole deeper than one inch deep on Town property within
an area closer than one foot of the outer drip-line of any tree
or shrub which is over 20 feet tall without the permission of
the Director of Parks and Recreation. The application for a
permit shall depict the exact location and description of the
excavation or digging and the location and description of any
trees whose drip-lines extend into the excavation or digging
area. In determining whether permission to dig or trench shall
be granted, the Director of Parks and Recreation shall determine
if alternatives to digging or trenching, such as boring or
relocating, are available, the hardship to the person seeking to
dig or trench, and the likely damage to any tree or shrub.
- EQUITABLE ACTION. Regardless of other remedies which may be
available, the Town may bring an action against any person in a
court of competent jurisdiction to obtain compliance with the
provisions of this Section.
- PENALTY. Any person, firm, or corporation violating or
failing to comply with any of the terms or requirements of this
Section shall be fined a sum of not less than fifty dollars
($50.00) nor more than five hundred dollars ($500.00) for each
offense. Each day that such a violation or failure occurs or
continues shall be considered a separate and distinct offense
and shall be punishable as such. In addition to any fine which
may be assessed for a violation of this section, a person found
to have violated this section shall also pay to the Town the
value of the tree or shrub which was trimmed, destroyed or
removed as provided by the most recent version of A Guide to the
Professional Evaluation of Landscape Trees, Specimen Shrubs and
Evergreens as published by the International Society
Arboriculture, but in no event less than the actual cost of
replacement of a tree or shrub of similar type.
- SEVERABILITY. It is hereby further declared to be the intention of the Board of Trustees of the Town of Normal, Illinois, that the several provisions of this Section are severable in that if any court of competent jurisdiction shall adjudge any provision of this Section to be invalid, such judgment shall not affect any other provision of this Section not specifically included in such judgment order.
SEC. 8.7-2 PUBLIC UTILITY COMPANY VEGETATION MANAGEMENT.
- Public utility Companies and their contractors performing
non-emergency vegetation management shall comply with all State
laws and regulations, including non-emergency vegetation
management activities set forth at 220 ILCS 5/8-505.1.
- No prior approval of the Director of Parks and Recreation
shall be required of any public utility company or public
utility company contractor performing vegetation management on
Town property when such trimming is done in accordance with this
Section and State Law.
- DEFINITIONS. As used in this Section the following words and
phrases shall have the following meanings:
- “Person” means any natural born person, corporation,
partnership or voluntary association, or other entity recognized
under Illinois law.
- “Parkway” means that area between the road pavement and the
property line demarcating the extent of road right-of-way.
- “Tree located in a municipal parkway” means a tree which is
actually rooted in whole or in part in the parkway or a tree
that occupies any portion of the air space above the parkway,
whether or not such tree is actually rooted in the parkway.
- “Sag and sway” shall mean that distance determined by the
Director of Public Works that overhead public utility
transmission lines will move vertically or horizontally at midspan due to normal and customary weather conditions.
- “Overhead transmission lines” means the wires suspended above
ground on poles placed in the parkway or placed immediately
adjacent to the parkway on private or public easements.
- “Public utility” means any company authorized by a franchise
agreement with the Town to occupy public ways.
- “Person” means any natural born person, corporation,
partnership or voluntary association, or other entity recognized
under Illinois law.
- STANDARDS. All tree trimming shall be done based on the
guidelines set forth in ANSI A300 standards, American National
Standard for Tree Care Operations Tree Shrub and Other Woody
Plant Maintenance – Standard Practices published by American
National Standards Institute, Inc.
- ELECTRIC LINE CLEARANCE STANDARDS.
- The following species of trees located in the parkway may be
trimmed according to the Table of Maximum Line Clearances and
the accompanying notes set forth in this Section:
American Hophornbeam
American Sweetgum
Ash, Blue
Ash, White
Bald Cypress
Black Walnut
Blue Beech
Buckeye
Catalpa
Elm, American
Ginko, Male
Hickory
Ironwood
Kentucky Coffeetree
Linden, Littleleaf
Linden, Silver
Maple, Black
Maple, Norway
Maple, Red
Maple, Sugar
Oak species (except Pin Oak)
Tulip Tree
STANDARD CLEARANCE
The following table gives clearances adequate to protect the wires under normal operating conditions and meets ANSI A300 Standards. Special clearances may be needed sometimes because of field conditions. The Public Works Director is authorized to grant waivers from the following table in light of such field conditions as set forth in subsection (F) of this Section.
Electric wires will sag due to hot weather or swing sideways in strong winds. The greatest wire sag and sway occurs at midspan. The following line clearance will be measured from the maximum distances power line will sag and sway due to normal and customary weather conditions.
TABLE OF MAXIMUM LINE CLEARANCES (IN FEET)
“PROVIDED, HOWEVER, NO LIVING BRANCH WITH A DIAMETER OF MORE THAN 4 INCHES SHALL BE CUT WITHOUT FIRST OBTAINING A PERMIT FROM THE DIRECTOR OF PARKS AND RECREATION OR HIS DESIGNEE”
Clearance from Trees 120 to 600 V 750 to 5,000 V 7,200 to 12,500 V Aerial Cable 2,400 to 12,500 V 34,500 V 69,000 V and Above Side 2 4 6 4 10 (d) Through 1 2 3 2(a) (b) (d) Over Conductors 2 4 8 6 (c) (d) Under Conductors 4 6 7 7 8 (d)
NOTES:
(a) Remove limbs over 2 inches in diameter which may sway into or otherwise contact line for a minimum clearance of 2 ft.
(b) Not permitted through trees.
(c) All overhead should be kept to a minimum.
(d) Remove all trees that could grow or fall into line before they become a hazard.
(e) The letter “V” refers to volts.
- Non-Listed Trees. Trees not listed in Subsection E(1) above
may be trimmed in accordance with Subsection E(1) except the
maximum line clearances may be up to two times the distance
provided in Subsection E(1), but not to exceed ten feet in
distance unless prior approval is obtained from the Director of
Public Works.
- The following species of trees located in the parkway may be
trimmed according to the Table of Maximum Line Clearances and
the accompanying notes set forth in this Section:
- WAIVER OF STANDARDS. Trees located in the parkway may need to
be trimmed to clearances in excess of the standards set forth in
Subsections E(1) and E(2) for aesthetic or safety reasons. In
such cases, the Director of Parks and Recreation is authorized
to issue a permit permitting deviation from such clearance
standards in a manner set forth in such permit. No fee shall be
charged for such permit. No tree trimming shall be done by any
person as set forth in this Subsection (F) except pursuant to
the authorization of the Director of Parks and Recreation.
- EMERGENCY TRIMMING. Nothing in this Article shall be
interpreted as preventing any person from trimming to remove
trees or portions of trees for the purpose of restoring electric
power which has been interrupted by reason of such trees or
portions thereof having come in contact with electric power
lines.
- Except as otherwise provided in any franchise agreement, it
shall be unlawful for any person to dig a hole or trench within
an area closer than one foot of the drip-line of any tree which
is over 20 feet tall for the placement or replacement of utility
lines without the permission of the Director of Parks and
Recreation. Utility lines include electrical, gas, water, cable
TV, sewer, telephone, and any other underground service line. In
determining whether a permit should be granted, the Director of
Parks and Recreation should determine whether alternative
technologies such as boring are available or whether there are
alternative locations available for the placement or repair of
lines which do not require trenching or digging within the drip
line of a tree. Nothing in this paragraph H shall be interpreted
as prohibiting any person from digging in an emergency situation
to repair a broken water, sewer, gas or electrical line.
- PENALTY. Any person, firm, or corporation violating or
failing to comply with any of the terms or requirements of this
Section shall be fined a sum of not less than fifty dollars
($50.00) nor more than five hundred dollars ($500.00) for each
offense. Each day that such a violation or failure occurs or
continues shall be considered a separate and distinct offense
and shall be punishable as such. In addition to any fine which
may be assessed for a violation of this section, a person found
to have violated this section shall also pay to the Town the
value of the tree or shrub which was trimmed, destroyed or
removed as provided by the most recent version of A Guide to the
Professional Evaluation of Landscape Trees, Specimen Shrubs and
Evergreens as published by the International Society
Arboriculture, but in no event less than the actual cost of
replacement of a tree or shrub of similar type.
- EQUITABLE ACTION. Regardless of other remedies which may be
available, the Town may bring an action against any person in a
court of competent jurisdiction to obtain compliance with the
provisions of this Section.
- SEVERABILITY. It is hereby further declared to be the intention of the Board of Trustees of the Town of Normal, Illinois, that the several provisions of this Section are severable in that if any court of competent jurisdiction shall adjudge any provision of this Section to be invalid, such judgment shall not affect any other provision of this Section not specifically included in such judgment order.
Entire Division 7 Amended 8/7/06 by Ord. No. 5093.