§ 100.008 REPLACEMENT REQUIREMENTS FOR UNAUTHORIZED REMOVAL OF TREES.
   (A)   Deciduous trees.
      (1)   Number. In the event an existing deciduous tree is removed, damaged, destroyed or injured, such trees shall be replaced with new trees at a rate of three inches in caliper of replacement trees to each one inch in caliper of removed tree. In the event of a fraction of an inch, if the fraction is less than one-half inch, it may be disregarded. If the fraction is one-half inch or greater, it shall be counted as one inch.
      (2)   Shrubbery in lieu of trees. If in keeping with good forestry practices, the parcel cannot accommodate all of the replacement trees, but it can accommodate additional shrubs, such replacement trees may be replaced with new shrubs at a rate of five shrubs being equivalent to one tree measuring three inches in caliper. For example, for one 12-inch removed tree, 36 caliper inches of replacement trees are required. Thirty-six inches multiplied by five shrubs per three inches of trees equals 60 shrubs [36 trees x 5 shrubs/3 inch tree].
      (3)   Size. All replacement trees for deciduous trees shall be a minimum trunk size of three inches in diameter, as measured six inches above the established ground, or a multibranch tree measuring eight feet in height. At the time of installation, all replacement shrubs shall be a minimum of four feet in height if mature size is greater than three feet in height, or two feet in height if mature size is three feet or smaller in height. Any combination of tree sizes three inches in diameter or larger, or multibranch trees measuring eight feet in height or larger may be used for tree replacements; i.e., one 12-inch removed tree equals 36" of replacements which may be installed as follows: four 6-inch trees and four 8-foot multibranched tree replacements; 12 3-inch diameter replacements; or a combination of trees and shrubs (if all of the replacement trees cannot fit on the lot): four 6-inch diameter trees and 20 shrubs.
   (B)   Evergreen trees.
      (1)   Number. In the event an evergreen tree is removed, damaged, destroyed or injured, such trees shall be replaced at a rate of three vertical feet for each one vertical foot of removed tree.
      (2)   Shrubbery in lieu of trees. If in keeping with good forestry practices, the parcel cannot accommodate all of the replacement trees, but it can accommodate additional shrubs, such replacement trees can be replaced with new shrubs at a rate of five shrubs being equivalent to one tree measuring six feet in height. For example, for one 20-foot removed tree, 60 vertical feet of replacement trees are required. Sixty vertical feet multiplied by five shrubs per six feet of trees equals 50 shrubs [60 vertical feet x 5 shrubs/6 foot tree].
      (3)   Size. All replacement trees for evergreen trees shall be a minimum height of six vertical feet. All replacement evergreen shrubs shall be a minimum spread of three feet at the time of installation. Any combination of tree sizes six feet in height or greater may be used for tree replacements. For example, for one 20-foot removed tree, 60 vertical feet of replacement trees may be installed as follows: ten 6-foot trees; two 10-foot trees and five 8-foot trees; or a combination of trees and shrubs (if all of the replacement trees cannot fit on the lot): four 6-foot trees and 30 shrubs [36 vertical feet x 5 shrubs/6 foot trees].
   (C)   Species of replacement trees. For a list of species that can be used, refer to Appendix A, Table 1.
   (D)   Time period for replacements. Replacements under this section shall be made within 12 months of the date of the removal of any tree(s) for which such replacement is required, and such replacements shall be installed at a time of year most beneficial for transplanting the particular species.
   (E)   Alternate means of measurement.
      (1)   Stump measurement. In the event that trees are destroyed or removed, leaving no physical evidence for measurement at diameter breast height, tree size in caliper inches shall be measured at the stump diameter.
      (2)   Reasonable means for determining size in absence of stump. In the event that no physical evidence for measurement remains, the comptroller, or his or her designee, shall determine the size of the removed tree(s) by employing reasonable methods, such as measuring the caliper inches of nearby trees of similar species and age, or other methods as deemed appropriate.
   (F)   Alternate tree replacement location. If in keeping with good forestry practices, sufficient space is not available to plant replacement trees, the applicant shall be required to pay to the village a cost in lieu of making such replacement in kind. This cost shall equal $150 per one inch caliper required for each caliper inch of replacement trees that will not be planted in compliance with this chapter. Any such collected fee shall be used for tree planting or tree preservation programs operated by the village. The fee in lieu of tree replacement must be received by the village within 30 days after the date of the damage, removal or injury for which replacement is required.
(Ord. 7-5, passed 1-24-07)