(A) Purpose. Tree preservation is a valued purpose. To enhance the quality of life and the present and future health, safety, and welfare of all residents, to enhance property values, to ensure proper planting and care of trees on public property, and in recognition that well-managed public trees are a part of our public infrastructure that provide collective benefits for the public, local wildlife, and environment beyond property boundaries, the Village Board herein establishes practices governing the planting and care of trees on public property, and makes provision for the proper tree care, preservation, and removal, of trees on public property and, under certain conditions, private property. In support of this purpose, the village may share educational outreach on the value of trees as part of our community.
(B) Definitions. As used in this article, the following words and phrases shall have the meanings indicated:
ANSI. The American National Standards Institute.
BMPs. Best management practices published by the International Society of Arboriculture.
DAMAGE. Any injury to or destruction of a tree, including but not limited to: uprooting; severance of all or part of the root system or main trunk; storage of material on or compaction of surrounding soil; a substantial change in the natural grade above a root system or around a trunk; surrounding the tree with impervious paving materials; or any trauma caused by accident or collision.
DIAMETER AT BREAST HEIGHT (DBH). The diameter of the tree at four and one-half feet above the ground.
NUISANCE. Any tree, or limb thereof, that has an infectious disease or insect; is dead or dying; obstructs the view of traffic signs or the free passage of pedestrians or vehicles; or threatens public health, safety and welfare.
PARKWAY. The area along a public street between the curb and the sidewalk; or if there is no curb or sidewalk, the unpaved portion of the area between the street right-of-way (ROW) line and the paved portion of the street or alley.
PUBLIC PROPERTY. All grounds and ROWs owned or maintained by the village.
PUBLIC TREE. Any tree or woody vegetation on village-owned or village-maintained property or ROW.
ROW. Right-of-way.
TOP OR TOPPING. The non-standard practice of cutting back of limbs to stubs within a tree's crown to such a degree as to remove the normal canopy and disfigure the tree.
URBAN FOREST MANAGEMENT PLAN. An action plan which provides the village detailed information, recommendations, and resources to effectively and proactively manage public trees.
(C) Authority and power.
(1) Delegation of authority and responsibility. The Director of the Public Works Department, and/or his or her designee/s, hereinafter referred to as the "Director", shall have full authority and responsibility to plant, prune, maintain and remove trees and woody plants growing in or upon all municipal streets, ROWs, and other public property. This shall include the removal of trees that may threaten electrical, telephone, gas, or any municipal water or sewer line, or any tree that is dead or dying or is affected by terminal fungus, insect, or other pest disease.
(2) Coordination among village departments. All village departments will coordinate, as necessary, with the Director and will provide services as required to ensure compliance with this section as it relates to streets, alleys, ROW, drainage, easements and other public properties not under direct jurisdiction of the Director.
(3) Interference. No person shall hinder, prevent, delay, or interfere with the Director while engaged in carrying out the execution or enforcement of this section.
(4) Skills required. The Village of Carol Stream shall have on staff at least one certified arborist. Any urban forestry work completed by a contractor within the Village of Carol Stream shall be under the direction of a certified arborist and the contractor shall also have a certified arborist on staff. These individuals, under the direction of the Director, are responsible for enforcement and compliance of the Urban Forest Management Plan.
(a) The village requires that staff and contractors working on behalf of the village follow safety practices as detailed in ANSI Z133.1 and the Urban Forest Management Plan.
(b) Contractors working on behalf of the village must maintain and hold the village harmless as detailed in the village loss control manual.
(D) Tree planting and care standards.
(1) Requirements of franchise utility companies. The maintenance of public trees for utility clearance shall conform to all applicable utility industry standards.
(2) Tree species list. The Director shall develop and maintain, in consultation with appropriate resources, an official list of desirable tree species for planting on public property. Any variation from this list requires written approval from the Director. The preferred species list is provided in the Urban Forest Management Plan as is the restricted species list which includes references to invasive and undesirable trees.
(3) Planting distances. The Director shall develop and maintain an official set of spacing requirements for the planting of trees on public property. When planting trees, they shall be installed at no closer of a rate than one tree per 30 linear feet, or at a rate that matches the existing tree spacing pattern on adjacent parkways, as approved by the Director of Public Works. Spacing may be adjusted to ensure adequate room for streetlights and utilities, as defined by "planting standards" listed below.
(4) Planting trees under electric utility lines. Planting trees under or within 15 lateral feet of any overhead utility wire is prohibited, unless approved by the Director. If approved, only a tree which conforms to ComEd and the Arbor Day Foundation's "The Right Tree in the Right Place" guidebook may be planted.
(5) Protection of public trees during construction. Tree protection is required, with the details at the discretion of the Director of Public Works or Director of Engineering Services, when any person, firm, corporation, or village department performs construction involving soil excavation and/or the movement of heavy equipment within the drip line of any public tree to prevent injury to the trunk, crown, and unnecessary injury to the root system of the tree.
(6) Purchase of trees by village. The village shall, on an annual basis, as funds permit and as space is available, procure trees to be placed in the parkway portion of ROWs under the jurisdiction of the village. The village shall determine the location and placement of the trees, using ANSI Z60.1 for guidance.
(7) Planting standards. All planting and maintenance of public trees shall conform to the American National Standards Institute (ANSI) A-300 "Standards for Tree Care Operations" and should follow tree care Best Management Practices (BMPs) published by the International Society of Arboriculture.
(a) Trees when planted shall have no less than a minimum diameter of two inches at a distance of six inches above the ground and shall have a continuous single trunk. All trees shall be free from deformity and indication of undesirable growth characteristics.
(b) Trees when planted shall be free of infectious disease or insect infestation.
(c) Trees shall be planted on the centerline of the parkways or in line with the existing row of trees, when possible. Planting of trees in situations which meet requirements of this chapter will be prohibited if such planting will interfere with existing utilities.
(d) No tree shall be placed so as to cause a traffic hazard or within the clear visibility triangle of a street intersection.
(e) Spacing of newly planted trees will be as follows, unless otherwise approved by the Public Works Director, or his/her designee. Street trees will be planted:
1. A minimum distance of ten feet from driveway aprons.
2. A minimum distance of five feet from water/sewer service lines and system structures.
3. A minimum distance of 15 feet from crosswalks.
4. A minimum distance of 15 feet from street light and utility poles.
5. A minimum distance of ten feet from fire hydrants.
6. A minimum distance of 15 feet from any traffic control device, not including signs.
(f) No tree shall be planted where the soil is too poor to ensure the growth of such tree.
(g) Trees required for new developments shall be planted at the owner's expense, in accordance with the regulations in § 16-5-6 Landscape. The owner will be responsible to plant any required trees in a State of Illinois, DuPage County, or village ROW.
(h) No tree may be planted in a parkway less than ten feet in width, unless otherwise approved by the Director of Public Works.
(8) Tree planting in ROW. Tree planting in ROWs under the jurisdiction of the village shall take place in accordance with the following terms and conditions:
(a) Tree replacements based upon village removal.
1. If a tree within the ROWs under the jurisdiction of the village is removed by the village, the village may plant one or more trees, subject to sufficient space therefor.
2. The adjacent property owner may be afforded the opportunity to provide input on the species of tree to be planted, in accordance with the tree species list; however, the village shall make the final determination of the species, based on the tree species available to the village and in accordance with species diversity goals in the Urban Forest Management Plan.
(b) Trees requested by the adjacent property owner.
1. If an adjacent property owner requests that the village plant a tree within the ROWs under the jurisdiction of the village, and no tree was previously removed by the village from the location in question, subject to sufficient space therefor, the village may, subject to the availability of a tree and whether parkway trees were not required in the area at the time of development, plant a tree at the location in question; provided the adjacent property owner pays the full planting fee per tree to the village, prior to the planting of the tree.
2. The adjacent property owner may be afforded the opportunity to provide input on the species of tree to be planted, in accordance with the tree species list; however, the village shall make the final determination of the species, based on the trees available to the village and in accordance with species diversity goals.
3. Trees planted at the request of the adjacent property owner, within the ROWs under the jurisdiction of the village, shall remain the property of the village.
(c) If trees are planted by the village within the ROWs under the jurisdiction of the village, as part of an approved development of the existing adjacent property, which requires the planting of parkway trees by the developer of said adjacent property, the adjacent property owner and/or developer of the approved development shall be charged the cost of the tree and its planting costs for each tree planted by the village.
(9) Tree pruning. Properly pruned trees establish faster, grow quicker, and live longer lives than trees which are not pruned, or improperly pruned.
(a) The village maintains a six-year pruning cycle, supplemented by intermediate pruning on an as-needed basis to remove sight obstructions and hazards to pedestrians, bicyclists and vehicles using industry best practices as detailed in ANSI A300 and the Urban Forest Management Plan.
(b) No property owner or property tenant may perform any tree pruning or other maintenance on any tree planted in the public ROW or any village-owned property.
(E) Tree removal standards.
(1) Prohibition against harming public trees. It shall be unlawful for any person, firm, or corporation to damage, remove, or cause the damage or removal of a tree on public property without written permission from the Director.
(a) If a public tree is removed without authorization, or is unlawfully damaged by any person, firm, or corporation to the point that the tree may need to be removed and/or replaced, at the discretion of the Director or designee, the offending entity may be charged the tree removal fee of $50 for removals of up to ten inches DBH and another $100 for each additional ten inches DBH of the tree with a maximum fee of $500 per tree. This fee may be waived with approval from the Director.
1. Said fee is in addition to the direct costs associated with the restoration of the area including the potential replacement of the tree.
2. The village acknowledges that larger trees provide greater benefits and that when replaced with smaller trees the benefits and services are reduced.
(b) Tree removal applications must be submitted to the Public Works Director at least 30 days prior to the intended removal date. Common cases where tree removal would be considered include:
1. Removal of a nuisance tree which is dead or declining and has the potential to damage other trees, people, or structures.
2. Removal of undesirable or invasive species as identified in the Urban Forest Management Plan.
(c) It may be unlawful for any person, firm, or corporation to attach any cable, wire, signs, or any other object to any village-owned and maintained public tree, without prior approval from the Public Works Director or his/her designee.
(d) It shall be unlawful for any person, firm, or corporation to "top" any public tree. Trees severely damaged by storms or other causes, where best pruning practices are impractical, may be temporarily exempted from this provision at the determination of the Director.
(e) In the event of any site improvement which may impact public property trees, a tree preservation plan is required, must be approved, and implemented prior to the start of any work or delivery of any materials to the building activity area. Details on tree preservation standards are included in the Urban Forest Management Plan.
(2) Village tree removal. Trees located within the ROWs under the jurisdiction of the village shall be removed by the village or a village designee when removal is considered necessary by the village's Public Works Department for reasons of tree health and/or public safety.
(a) Prior to such removal, the village will attempt to give notice to the resident of the abutting property, stating the reason for the removal. village staff has the authority to remove any tree located in the ROWs under the jurisdiction of the village without providing the aforementioned notice, when removal is considered necessary for public safety. In regard to any such tree removal:
1. All stump removals shall require underground utility locations prior to action. All stumps will be ground to a depth of at least 12 inches below existing grade. Stump grindings will be removed, replaced with topsoil and restored with grass seed.
2. Any tree located in the ROWs under the jurisdiction of the village, that is removed, will be replaced during the next available planting season, provided there is sufficient funding and spacing, for the planting of a tree, and sufficient funding for planting a replacement tree. If the adjacent resident does not desire a new tree be planted such request must be submitted to the Director of Public Works who shall make the final determination on the request.
3. There shall be no fee charged to the adjacent property owner for a tree removed by the village from the ROWs under the jurisdiction of the village.
(3) Developer/adjacent property owner removed trees. The fee for the removal of a tree from the ROW under the jurisdiction of the village, at the request of either the adjacent property owner or the developer of the adjacent property, where the Director has determined that the tree does not otherwise need to be removed, and the village consents to the removal, shall be based upon the following formula:
(a) All tree removal applications have a $50 fee that covers removals of up to ten inches DBH and may be waived with the approval of the Director. There shall be an additional fee of $100 for each additional ten inches DBH of the tree with a maximum fee of $500 per tree. Said fee shall be paid to the village prior to the removal of the tree and is in addition to the direct costs associated with removing the tree. This fee may be waived with approval from the Director and consent of the Tree Commission.
(4) Removal of unauthorized plantings/landscaping. If the Director, or their designee, deems a planting is unauthorized, and/or landscaping and hardscaping around public trees is unauthorized and/or is harming the health of the public tree, the village may require the property owner remove any unauthorized planting/landscaping within ten business days without compensation to the property owner. If the property owner fails to comply, the village may remove any unauthorized plantings/landscaping within any public place without compensation to the owner.
(5) Developer tree removal on private property. The Village of Carol Stream Community Development Department and village arborist may assist private developers with creating a tree preservation plan for trees located on private property. (See § 16-5-6(E) Landscape Tree preservation)
(F) Property owner responsibility. Property owners are responsible parties. No property owner shall allow a tree, or other plant growing on his or her property, to obstruct or interfere with pedestrians or vehicles or the view of drivers, thereby creating a hazard. If an obstruction persists, the Director shall notify the property owner to prune or remove the tree or plant. If the owner fails to comply with the notice, the village may undertake the necessary work and charge the cost to the property owner.
(G) Certain trees declared a nuisance. Nuisance trees pose a health or safety hazard to the village. Nuisance trees shall be regulated as described in municipal code Article 9, Chapter 4 of the Village Code (Health Regulations- Trees).
(H) Violations and penalty. Violations of this section. It shall be a violation of this code for any person, firm, or corporation, to plant a tree in a parkway or damage a parkway tree without written approval from the Director. Any person, firm, or corporation violating any provision of this section, unless otherwise specified, shall be punishable in accordance with § 1-1-9.
(1) In addition to seeking the payment of a fine in accordance with § 1-1-9, the village, when it believes that a violation of this section has occurred, may remove any tree or other unauthorized planting placed within the parkway and take any other legal action to enforce its property rights.
(2) The village shall also maintain its right to seek restitution for the costs associated with the removal, restoration, and replacement of damaged public trees.
(I) Village Tree Commission.
(1) Establishment. The Village of Carol Stream hereby establishes a Tree Commission which shall be a recommending body to provide assistance, direction and expertise to the Village of Carol Stream regarding the preservation, planting, management and protection of trees in the public right-of-way.
(a) The Tree Commission shall develop and recommend implementation of an Urban Forest Management Plan for guidance on urban forestry issues.
(2) Membership. The Tree Commission shall consist of three members and one alternate member at the discretion of the Village Manager. The Tree Commission shall consist of a representative from the Public Works Department, representative from Administration, and a third representative from either Community Development or Engineering Services. The Village Manager shall designate one of the members to act as chairperson of the Tree Commission.
(a) If appointed by the Village Manager, an alternate shall attend and participate in all meetings of the Tree Commission, but shall only vote in the event one or more of the full members is absent.
(b) The appointed members shall serve for a period of three years. If a vacancy shall occur in the full membership, an alternate member may be appointed to fill such vacancy. Vacancies in full and alternate membership shall be filled in the same manner as original appointments. Appointed members may be reappointed at the discretion of the Village Manager.
(c) The Tree Commission members shall serve without compensation related to participation in this Commission.
(3) Procedures. The Tree Commission shall meet at least twice a year and provide recommendations to adopt, change or alter, rules and regulations of organization and procedure consistent with Village of Carol Stream ordinances and Illinois State laws.
(a) The Tree Commission shall keep written records of its proceedings which shall be open at all times to public inspection. The Commission shall provide an annual report to the Village of Carol Stream Board on its past-year activities and recommendations for future action.
(4) Powers and duties. The Tree Commission shall have the following powers and duties subject to the approval of the Village of Carol Stream Board:
(a) To provide recommendations on the preservation, care, management and protection of trees within the Village of Carol Stream in accordance with Urban Forest Management Plan, regional and local best management practices.
(b) To prepare and recommend to the Village Manager from time to time specific improvements of the preservation, care, management and protection of trees within the Village of Carol Stream.
(c) To review the Village of Carol Stream Urban Forest Management Plan and provide recommendations for improvements.
(d) Manage and administer all plans, programs, projects and tasks delegated to it by the Village Manager or designee.
(Ord. 2022-05-24, passed 5-16-2022)