(A) Replacement In Kind:
1. In the event that a person shall remove, or damage a heritage tree in a woodland without having secured a TRP, in addition to the general penalty provided in section 1-4-1 of this Code, he shall plant, within the growing season, a replacement tree or trees on the site within ninety (90) days of written notice from the Village. The failure to plant the replacement trees shall constitute a violation of this chapter and each day that the replacement tree is not planted shall constitute a separate offense.
2. The replacement tree or trees required by this section shall be a species listed in subsection 4-6-8(A), table A of this chapter and the replacement trees shall equal the aggregate dbh of the damaged or removed heritage tree. Replacement trees shall be acquired and planted in conformance with subsections 4-6-8(C), table C and (D), table D of this chapter.
3. Replacement trees required by this section shall be maintained alive and healthy on the site for three (3) growing seasons. Methods should be used as found in subsection 4-6-8(D), table D of this chapter to provide for protection of the replacement trees from deer. Any replacement tree(s) which die or become severely damaged before the end of the third growing season of planting upon written notice from the Building Officer shall be replaced by the applicant in conformance with subsections 4-6-8(C), table C and (D), table D of this chapter at the next growing season.
(B) Contribution In-Lieu Of Replacement: In order to fulfill some of the replacement heritage trees required by the TRP, after providing a TRP for the planting of a woodland on the site, a fee in lieu of the equal value of the remaining replacement tree(s) may be paid to a governmental or non-profit natural resources management entity for a program involving the restoration, establishment, enhancement, or preservation of heritage trees in the Village. (Ord. 19-14, 7-22-2019)