(a) In order to prevent undue soil erosion, pollution of natural waterways, and interference with drainage and the natural supply of water, no person shall remove or destroy or permit such removal or destruction by cutting, burning, bulldozing, or by any other means, trees having a diameter of four inches or more measured at a distance of six inches above the ground level from any land in any use district, unless he or she is the holder of, or in accordance with, a permit issued pursuant to the provisions of this section.
(1) These regulations shall apply only to the removal or destruction of trees located on land that remains in a natural state of growth, such as entire parcels, portions of parcels, and buffers.
(2) These regulations do not apply to the following:
(3) Land that has been landscaped; and
(4) Trees which are dead.
(b) Any person, firm, or corporation desiring such a permit shall file with the Building Inspector a written application giving the following information:
(1) The full name and address of the applicant; in the case of a partnership, the name and address of each partner; and in the case of a corporation, its principal officers;
(2) A description of the land on which such operations are to take place;
(3) When such operations are to commence and be completed;
(4) The method of removal or destruction;
(5) The number, dimension, common name, and location of all trees upon such land having a diameter of four inches or more measured at a distance of six inches above the ground level;
(6) The number, dimension, common name, and location of all trees upon such land having a diameter of four inches or more measured at a distance of fourteen inches above the ground level proposed to be removed or destroyed, and the same information for trees that are to remain;
(7) What reseeding or replanting is to be done after completion;
(8) The ultimate use to be made of the land after removal;
(9) A statement that the applicant will bear the expense of a Village inspector and can post a performance bond as required herein; and
(10) Such information as the Building Inspector may deem proper.
(11) Where the applicant is not the owner, written consent for such operation by the owner must be filed with the application.
(Ord. 73-94. Passed 10-4-94.)
(c) After investigating such application, the Building Inspector shall give the same consideration to the same rules and regulations set forth under Chapter 1264 for the granting of applications for similar uses, conditional uses, and changing to a new nonconforming use. If the Building Inspector determines that the granting of such application will not act adversely to the public health, safety and welfare of the Village, he or she shall grant such application, and in granting the same may attach such conditions relating to the method of removal and destruction, the term of the permit, the number of trees to be removed or destroyed, the reseeding and replanting after completion, and such other conditions as the Building Inspector may deem reasonable and proper for the protection of the public health, safety and welfare of the Village. All such conditions shall be made a part of the permit, shall be endorsed thereon and shall constitute limitations thereon.
(Ord. 50-96. Passed 7-2-96.)
(d) The granting of such application shall be subject to the provisions of Section 1264.05(e), providing for the disapproval of the same by Council.
(Ord. 73-94. Passed 10-4-94.)