G6-91 Revised Ordinance No. G6-91
Revised 2/22/91
AN ORDINANCE
PROVIDING FOR PARKWAY OR TREE BANK RESTORATION
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS:
Section 1 . That Section 13 . 20 . 080 be and is hereby added
to Chapter 13 . 20 entitled "Trees and Shrubs" of the Elgin
Municipal Code, 1976 , to read as follows :
13 . 20 . 080 Restoration of Parkway or Tree Bank.
A. Restoration of Parkway or Tree Bank.
Within thirty days after final inspection and
approval any person, including public utility
companies, doing work within the public right of
way, including the parkway or tree bank, shall
restore disturbed grass areas with sod and shall
provide the necessary watering to assure the
survival of the sod. Upon good cause shown the city
forester may permit the use of seed in lieu of sod
or extend the time for restoration.
B. Guarantee Deposit.
1 . In addition to any permit or bond required
for work within the public right of way, at the time
of the issuance of such permit the applicant
therefor shall deposit cash or an irrevocable letter
of credit in an amount equal to five percent ( 5% ) of
the estimated cost of the work being done or
$1 , 000 . 00, whichever is greater, to guarantee
restoration of grass areas as required.
2 . Following inspection and determination by
the city forester that restoration work for which a
guarantee deposit has been made, such deposit shall
be returned without interest to the depositor.
3 . In the event that any person fails to
restore any grass areas after five days written
notice to do so the city forester shall promptly
cause such restoration to be done. The guarantee
deposit shall be used to defray costs incurred in
such restoration; any balance remaining after
deduction of the costs of restoration and a penalty
of $100 . 00 shall be returned to the person making
the guarantee deposit.
4 . Public utility companies which have been
granted a franchise agreement by the City of Elgin,
in lieu of the guarantee deposit will not be
required to post cash or letter of credit, but will
remain subject to reimbursement for city costs of
restoration.
Section 2 . That all ordinances or parts of ordinances in
conflict with the provisions of this ordinance be and are
hereby repealed.
Section 3 . That this ordinance shall be in full force
and effect from and after its passage and approval in the
manner provided by law.
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: January 13, 1991
Adopted: February 27, 1991
Vote: Yeas 6 Nays 0
Recorded:
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
Chapter 13.20
TREES AND SHRUBS'
Sections:
13.20.010 Planting-Permit required.
13.20.020 Removal and trimming.
13.20.030 Damage.
13.20.040 Advertisements or notices.
13.20.050 Hazardous or obstructing trees.
13.20.060 Wires.
13.20.070 Excavations.
13.20.080 Restoration of parkway or tree bank.
13.20.010 PLANTING-PERMIT REQUIRED.
It is unlawful to plant any tree or plant material in any
public right-of-way without having first secured a permit from
the department of public works. All trees and shrubs so planted
shall be placed subject to the specifications and approval of the
director of public works. (Ord. G41-78 § 5 (part), 1978. )
13.20.020 REMOVAL AND TRIMMING.
It is unlawful to trim, cut or remove any tree or portion
thereof in the public right-of-way without approval of the
department of public works. (Ord. G41-78 § 5 (part) , 1978. )
13.20.030 DAMAGE.
It is unlawful to damage any tree or shrub planted in any
public place. (Ord. G41-78 § 5 (part), 1978. )
13.20.040 ADVERTISEMENTS OR NOTICES.
It is unlawful to attach any sign, advertisement or notice to
any tree or shrub along any street, pathway or other public
place. (Ord. G41-78 § 5 (part) , 1978. )
13.20.050 HAZARDOUS OR OBSTRUCTING TREES.
A. Any tree or shrub which overhangs the sidewalk, street or
other public place in the city at a height less than ten feet
or in such a way as to impede or interfere with traffic or
travel on such public place or any tree or limb of a tree
which has become likely to fall on or across any public way
or place, shall be trimmed or removed by the owner of the
abutting premises or of the premises on which such tree or
shrub grows, so that the hazard or obstruction shall cease.
B. The department of public works shall send written notice to
the property owner advising that their tree or shrub is an
obstruction or in a hazardous condition and must be
repaired or removed.
C. In the event that such tree or shrub has not been trimmed
or removed within ten days from mailing or in an emergency
situation, the department of public works may trim or
remove the tree or shrub so that the obstruction or danger
to traffic or pedestrians shall be eliminated. The owner of
the premises shall be charged for any such removal or
trimming, based upon the costs incurred.
(Elgin 03/31/93) 13.20-1
e
Streets and Sidewalks
(Ord. G41-78 § 5 (part), 1978. )
13.20.060 WIRES.
A. It is unlawful to attach any wires or rope to any tree or
shrub in any public right-of-way without the written
permission of the director of public works.
B. Any person, firm or corporation given permission to
maintain poles and wires in the streets, alley or other
public places in the city shall keep such wires and poles
free from and away from any trees or shrubs in such
places so far as may be possible, and shall keep all such
trees and shrubs properly trimmed, subject to the
supervision of the director of public works, so that no
injury shall be done either to the poles and wires or the
shrubs and trees by their contact.
(Ord. G41-78 § 5 (part), 1978. )
13.20.070 EXCAVATIONS.
In making excavations in streets or other public places,
proper care shall be taken to avoid injury to the roots of any
tree or shrub, wherever possible. All appropriate utility
companies (public and private) shall be notified prior to any
excavation. (Ord. G41-78 § 5 (part), 1978. )
13.20.080 RESTORATION OF PARKWAY OR TREE BANK.
A. Restoration of Parkway or Tree Bank.
Within thirty days after final inspection and approval
any person, including public utility companies, doing work
within the public right-of-way, including the parkway or
tree bank, shall restore disturbed grass areas with sod and
shall provide the necessary watering to assure the survival
of the sod. Upon good cause shown the city forester may
permit the use of seed in lieu of sod or extend the time for
restoration.
B. Guarantee Deposit.
1. In addition to any permit or bond required for work
within the public right-of-way, at the tune of the
issuance of such permit the applicant therefor shall
deposit cash or an irrevocable letter of credit in an
amount equal to five percent of the estimated cost of
the work being done a $1,000.00, whichever is
greater, to guarantee restoration of grass areas as
required.
2. Following inspection and determination by the city
forester that restoration work for which a guarantee
deposit has been made, such deposit shall be returned
without interest to the depositor.
3. In the event that any person fails to restore any
grass areas after five days' written notice to do so the
city forester shall promptly cause such restoration to
be done. The guarantee deposit shall be used to delay
costs incurred in such restoration; any balance
remaining after deduction of the costs of restoration
and a penalty of $100.00 shall be returned to the
person making the guarantee deposit.
13.20-2 (Elgin 03/31/93)
Trees and Shrubs
4. Public utility companies which have been granted a
franchise agreement by the city of Elgin, in lieu of
the guarantee deposit will not be required to post cash
or letter of credit, but will remain subject to
reimbursement for city costs of restoration.
(Ord. G6-91 § 1, 1991 . )
(Elgin 03/31/93) 13.20-3