(A) Tree Removal Permit Required: A tree removal permit ("TRP") shall be required for the destruction or removal of any heritage tree in any woodland. No person shall, directly or indirectly remove, damage or destroy a woodland without having secured a TRP.
(B) Exemption:
1. This chapter shall not apply to the removal of woodlands pursuant to a forestry management plan or nursery stock plan that is approved and administered by a governmental agency with jurisdiction over such matters.
2. This chapter shall not apply to the removal of woodlands on property owned by a common owner, either singularly, collectively or institutionally, which exceeds one hundred (100) acres of contiguous land in the Village so long as the property is subject to a tree preservation plan acceptable to the Village. Such a plan, which shall have been prepared by or endorsed by a certified arborist or certified forester, may be accepted by the Village's Plan Commission and shall, at a minimum, include the forestry management practices found in subsections 4-6-8(C), table C and (D), table D of this chapter to preserve and protect heritage trees.
(C) Application And Fee: A TRP application on the prescribed form shall be submitted to the Village Building Officer with the permit fee established by the Village.
(D) Application Procedure:
1. Construction Permit: The applicant shall submit a tree preservation plan ("TPP") to the Village Building Officer with his application for a TRP in conjunction with construction when a building permit is required by the provisions of this title.
a. The TPP shall consist of two (2) legible reproducible site plans, drawn to scale, of a tree survey of all heritage trees in a woodland overlaid directly upon the site plan including the location, species, dbh, and condition as rated in accordance with the standards in subsection 4-6-8(B), table B of this chapter.
The survey shall distinguish among the heritage trees to be preserved, transplanted, or destroyed. Groups of trees which are less than three feet (3') apart may be designed by clumps, provided that all heritage trees and all other trees with a dbh of twelve inches (12") or greater shall be individually depicted on the TPP.
b. The Building Officer in consultation with the Village Arborist may permit the TPP to exclude areas of the site from the tree survey if he determines that the proposed construction or other activity will not impact those areas.
c. The TPP shall include a maintenance plan for all heritage trees, consistent with the forestry practices found in subsections 4-6-8(C), table C and (D), table D of this chapter, to ensure the protection of the trees for a period of at least three (3) growing seasons from the issuance of an occupancy permit, if one is required.
2. Non-Construction Permit: When no building permit is required, the applicant shall submit the following with his application for a tree removal permit ("TRP"):
a. Site plan that depicts the area of the tree removal, the heritage trees to be removed, and all other heritage trees whose minimum root zone is within the tree removal area. All heritage trees shall be identified by location, species, dbh, and condition as rated in accordance with the standards in subsection 4-6-8(B), table B of this chapter.
b. Reasons for removing the heritage trees, including reports or studies, if any, indicating that the trees should be removed.
3. Application Review: Upon receipt of a completed application including the TPP and the required fee, the Building Officer shall review the application, which, if deemed necessary, may include a site inspection by the Village Arborist.
(E) Escrow:
1. If tree replacement is required by this chapter, then as a condition of the TRP, the applicant shall place into escrow with the Village an amount of money in cash equal to the tree replacement value, as determined by the Village Arborist. In the event the tree replacement value is greater than one hundred thousand dollars ($100,000.00) a bond in a form acceptable to the Village, may be utilized in lieu of a cash escrow. The money shall be returned, or the bond released, once the new tree(s) are planted. Failure to plant the tree(s) in compliance with the TRP within one growing season shall result in forfeiture of the escrow or bond, which shall then be used by the Village to plant as required by the TRP. Access to the applicant's property shall be granted for such work to be completed in accordance with the TRP. The Village Arborist shall maintain a current schedule of cost including planting expenses for replacement of trees.
2. If it is determined that practices which violate any portion of the village code have resulted in tree damage, then the village may require an escrow payment or tender of a bond (if the amount at issue exceeds one hundred thousand dollars ($100,000.00)) in a form acceptable to the Village by made to the village, equal to the replacement value of the damaged tree(s) as determined by the Village Arborist. The cash escrow or bond shall be held by the village for the purpose of assuring that all remedial actions required by the village to restore the health of the tree(s) are taken, and/or for the purpose of assuring the appropriate tree replacement should any damaged trees die or show noticeable signs of decline as determined by the Village Arborist. (Ord. 19-14, 7-22-2019; amd. Ord. 23-03, 4-24-2023)