Policy

The following is the official interpretation of these restrictions.

1. It is the homeowner’s responsibility to submit an Application for Exterior Alteration/Modification to the Architecture Review Committee (via the Management Company) at least 30 days in advance of the removal of any tree with a trunk diameter of 6 inches or more. The committee has 20 days to review, and approve or deny the request. In the event additional information is required, the 20-day clock re-starts from the date the additional requested information is received (refer to Section 3.02of the Deed Restrictions). Appeals for denials by the Architecture Review Committee may be made to the Trustees. The Trustee’s decision will be final.
   

   1. Refer to our website (www.villageatalumcreek.org) for details regarding submitting an Application for Exterior Alteration/Modification
      

2. If the homeowner is removing one or both of the trees planted in their front yard as part of the initial landscaping by the developer (the sidewalk trees), they must do one of two things: a) grind the stump, bring in topsoil and reseed the area where the tree was removed, or b) replace the removed tree with one of the approved tree varieties listed below.
   
   This list only applies to trees planted in the front yard by the sidewalk that were part of the initial landscaping completed by the developer. The homeowner can plant any variety of tree they want elsewhere in their yard.
   
   APPROVED SIDEWALK TREE VARIETIES – Delaware County is in Hardiness Zone 6A

   • American Hornbeam

   • Autumn Blaze Maple

   • Brandywine Red Maple

   • Celebration Maple

   • Crescendo Sugar Maple

   • Crimson King (Norway) Maple

   • Crimson Sentry Norway Maple

   • Eastern Redbud Tree Form

   • Easy Street Norway Maple

   • Fall Fiesta Sugar Maple

   • Ivory Silk Tree Lilac (tree form)

   • Kwanzan Flowering Cherry

   • Norway Maple

   • Norwegian Sunset Maple

   • Okame Cherry Tree

   • Pacific Sunset Maple

   • Persian Parrotia

   • Pyramidal European Hornbeam

   • Sienna Glen Maple

   • State Street Miyabe Maple

   • Sterling Silver Linden

   • Sun Valley Red Maple

   • Turkish Hazelnut

   • Zelkova Serrata ‘Green Vase’
     

3. If you removed and replaced the street trees prior to March 2019, the tree variety requirement does not apply, since the Policy did not exist prior to March 2019.
   For example, if you replaced the sidewalk trees prior to March 2019 with Gingko Trees, you will not be required to replace them with one of the approved varieties.
   The Gingko trees, in this example, can stay.
   
   

4. Replaced front yard sidewalk trees
   

   1. Must have a trunk diameter of 1 ½ inches or larger.
      

   2. Must be planted a minimum of 6 feet in from the sidewalk. And no more than 10 feet in from the sidewalk.
      “In from the sidewalk” means as you walk away from the inside edge of the sidewalk towards your house.
      

5. Replaced front yard sidewalk trees do not need to be the same variety, only an approved variety.
   Matching variety is preferred but not required.
   

6. It is the homeowner’s responsibility to trim trees that obstruct the vision of drivers. This applies primarily to corner lots, but will be enforced for all lots.
   If a tree prevents pedestrians or drivers from seeing obstacles and on-coming traffic, the homeowner must trim back the tree or planting.
   

7. No homeowner has the right to remove trees or plantings that are not on their property!
   

8. It is the homeowner’s responsibility to trim trees limbs that overhang sidewalks to a height of eight (8) feet.
   No pedestrian walking down the sidewalk should fear running into the branch of a tree.
   

9. It is the homeowner’s responsibility to trim bushes and miscellaneous plantings such that they do not overhang the sidewalk,
   limiting the space a pedestrian has to walk safely through the neighborhood.

Deed References

Below are the four sections of our Deed Restrictions that address trees in the neighborhood.

• Section 2.15.

No fence, wall, hedge, or shrub planting which obstructs sight lines at elevations between two (2) feet and six (6) feet above the roadways shall be placed or permitted to remain on any corner Lot hereunder within the triangular area formed by the street property lines and a line connecting them at points twenty-five (25) feet from the intersection of the street line or, in the case of a rounded Property corner, from the intersection of the street property lines extended. Trees shall be permitted to remain within such distance of such intersections provided the foliage line is maintained at sufficient heights to prevent obstruction of such sight lines.

• Section 4.02.

No trees larger than six (6) inches in diameter may be cut or removed without the prior written permission of Grantor. Trees less than six (6) inches in diameter, if determined by Grantor to be too thick for the good health of other trees or unsightly or detrimental to views of the Property, shall be removed at the cost of the Owner. Any decisions sought from the Grantor with respect to trees shall be sought in the same manner provided for in Article 3 above.

• Section 4.04.

As part of the initial landscaping for each dwelling each Owner shall provide a minimum of two (2) street trees. The trees shall be of a variety specified by Grantor, and each tree shall have a minimum caliper of one-and-one-half (1 ½ ) inch.

• Section 4.07.

No Owner or contractor or subcontractor of any Owner may cause the removal of any trees owned by another Owner or dump, bury, spread or otherwise dispose of any earth or debris of any nature on the Property of any other Owner.

In addition, Orange Township requires that any tree hanging over a sidewalk be trimmed to a height of eight (8) feet. And any plantings near the sidewalk be trimmed back so they do not infringe on the ability to walk the sidewalks of our neighborhood.