A. Objective: The objective of this chapter is to protect healthy mature trees within the village, replace trees as necessary and provide wildlife cover in areas disturbed by site development within the village. Measures taken to protect trees and wildlife cover shall assure that existing trees and wildlife cover shall be saved to the greatest extent possible. The intent of this chapter is minimizing loss of healthy mature trees and wildlife cover through protective measures, careful planning and tree replacement. This chapter shall apply to all new subdivisions and PUDs not currently approved by the village board, and may be considered as a condition for approval of any special use or variance submittal.
B. Tree Protection:
1. As part of a final plan submittal, the planning and zoning board shall require the developer/owner to submit a detailed tree survey and a tree preservation plan at the expense of the developer. Failure to submit these items shall constitute a valid reason to reject a petition or withhold approval until such items are available to the planning and zoning board.
2. During construction, all reasonable steps necessary to prevent damage or the destruction of a tree designated a healthy mature tree shall be taken. These steps will include:
a. No soils shall be removed or disturbed within an area around the drip line, which is determined using the following formula: one foot (1') out in horizontal distance for each inch of the tree's diameter. This area will start at the drip line and extend outward (calculated drip line area).
b. A protective fence approved by the village engineer with appropriate signage shall be erected around any tree designated a healthy mature tree.
c. Any tree which is designated a category 3 (DBH) or is specifically identified as a tree of significant value by the village board shall be reviewed for possible deep root feeding and extraordinary steps for preservation which may include stoppage of work as directed by a vote of the village board until an arborist can be contacted, at the developer/owner's expense, to develop a plan to attempt to ensure the tree can be saved. Developers are encouraged to plan their open space areas, tot lots and recreational areas around these trees.
d. Proper site grading is perhaps the single most important consideration in saving trees during construction. Mass cuts and fills are responsible for more tree loss in construction areas than any other single factor. Mass cuts and filling shall be discouraged and grading or density variances may be considered to encourage the preservation of woodland or blocks of tree stands.
e. Tree conservation is recommended and will be encouraged when accepted engineering practices are followed, as accepted by the village engineer. When proper grading, water detention and the installation of public improvements needed to prevent flooding, sewer backup, use of ejector pumps and the like require removal, tree replacement will be required.
f. Healthy mature oak trees are to be singled out for extra care and attention during the grading process to ensure that their root systems are not damaged. The calculated drip line area (subsection B2a of this section) may be adjusted outward upon the recommendation of a certified arborist and the approval of an authorized representative of the village.
g. Variances for slopes greater than three to one (3:1) can be considered subject to village engineer approval.
h. The developer/owner is responsible to ensure that all applicable subcontractors are trained on proper tree protection.
i. No excess soil, additional fill, equipment, trailers, liquids or construction debris shall be placed within the calculated drip line of any tree that is to remain at its original location.
j. Only protective nondamaging devices or attachments shall be attached to any tree during construction, and only following written approval from the village mayor or an authorized village representative.
C. Prohibited Replacement Trees:
1. Replacement trees shall not include the following:
Austrian pine
Box elder
Catalpa
Mountain ash
Mulberry
Poplar
Siberian elm
Soft maple
Tree of heaven
Willow
Any tree determined unacceptable by the village board upon recommendation of the building department. (Ord. 01-10-29, 11-5-2001)
2. Replacement trees located in a parkway or right of way, as defined in section 8-6-2 of this chapter, shall be installed and maintained according to the provisions set forth in this chapter. (1976 Code § 100.12)
D. Replacement Trees:
1. Planting: Replacement trees shall be planted in accordance with the following schedule:
DBH Category
| Number Of Replacement Trees
|
1 | 3 |
2 | 4 |
3 | 6 |
Where there are few or no trees within a development, a minimum of five (5) trees per acre on average shall be planted in all zoning districts. Replacement trees in the evergreen classification shall have minimum height of twenty four inches (24") to thirty six inches (36"). Replacement trees in the deciduous classification shall have a minimum height of sixty inches (60") to seventy two inches (72"). Wildlife plantings shall have no minimum height requirements and one wildlife planting shall equal one replacement tree. Replacement trees or wildlife plantings, depending on the weather, shall be planted in the spring of the year following the removal of the trees to be replaced. (1976 Code § 100.13)
2. Location: In development where open areas or park areas are provided, it is recommended that replacement trees be planted in clusters, or that wildlife plantings be planted as a hedgerow to provide buffers. In developments where, due to good forestry practices, the planting of replacement trees is not advised, the developer/owner shall cause to be planted, on public property, the required replacement trees, at the direction of the building official or as directed by the village board. (1976 Code § 100.14)
E. Trees In Developments:
1. Development Proposals: All final plans of subdivisions and PUDs approved by the village board shall include, on a separate sheet, by phases of development, a list of the number and DBH category of all mature trees within the road rights of way, easements and extended grading areas, as defined in section 8-6-2 of this chapter, and indicate which of those trees lying therein are to be removed. This list shall be certified by the developer's engineer or surveyor and shall be used to determine the number of trees or wildlife plantings to be planted as replacements. It is the intent of this chapter that each phase of a development be considered separately and individually as to its compliance.
However, a developer/owner may plant replacement trees at the current time in any phase of a multi-phase development if he has met tree replacement requirements for the current phase. If the developer/owner wishes to plant required trees in other phases at a later date, he shall deposit in escrow two hundred fifty dollars ($250.00) per replacement tree.
2. Removing Trees Prior To Development:
a. Any person removing or destroying any healthy mature tree within thirty six (36) months prior to the submission of a development plan shall be subject to a fine of not more than two thousand dollars ($2,000.00) per mature tree removed or destroyed. All fines shall be kept in a separate village tree replacement fund for the sole purpose of tree replacement. In addition, each healthy mature tree so destroyed or removed shall be replaced with new trees at triple the required replacement.
b. If any healthy mature tree designated for preservation during site development is destroyed or removed, it shall be replaced with new trees at triple the required replacement. (Ord. 01-10-29, 11-5-2001)
c. In a planned unit development (PUD), in lieu of the standards in this chapter, a site specific tree preservation and replacement plan may be approved by the village board of trustees in connection with the approval of the PUD; provided that, unless the village board of trustees determines otherwise, the tree replacement formula in subsection D1 of this section shall apply to any site specific tree preservation and replacement plan. If a site specific tree preservation and replacement plan is approved for such a PUD, except for the tree replacement formula in subsection D1 of this section, the standards of this chapter shall not apply to that PUD, and there shall be no further tree survey or tree preservation review by the plan commission or village board. If a site specific tree preservation and replacement plan is not approved by the village board of trustees, then all the standards of this chapter shall be applicable. A site specific tree preservation and replacement plan may be approved at the time of approval of a preliminary PUD plan. (Ord. 02-08-26, 8-27-2002)