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If, as the result of the violation of any provision of this ordinance, the injury, mutilation or death of a public tree, shrub or other plant material is caused, the costs of repair, removal or replacement of such tree, shrub or other plant material or shall be borne by the party in violation. The replacement value of trees and shrubs shall be determined in accordance with the latest revision of "A Guide to the Professional Evaluation of Landscape Trees, Specimen Shrubs, and Evergreens", as published by the International Society of Arboriculture.
(Prior code § 32-20)
Whenever any public tree, shrub or other plant material has been damaged or killed and a fine has been recovered therefor under the provisions of this chapter, or where the amount of such damage has been ascertained and the settlement of such claim has been authorized, such fine or the amount so paid in settlement, or any necessary part thereof, when transferred to the city comptroller, may in the discretion of the commissioner of streets and sanitation be used for the purpose of defraying all necessary expenses incurred in and by the removal of such tree, shrub or other plant material and in replacing the same by a living tree, shrub or other plant material; provided, that the city council, from year to year, shall appropriate according to law an amount equal to the fines collected and sums of money paid in satisfaction of damages to trees, shrubs or other plant materials, as aforesaid, for such purposes.
(Prior code § 32-21)
Any person required to plant parkway trees pursuant to the provisions of Section 17-11-0100 of the City's Zoning Code shall do so in compliance with the following conditions:
(1) Each parkway tree shall have a minimum caliper of two and one-half inches or a minimum of four inches within the Central Area (an area bounded by North Avenue; Lake Michigan; Cermak Road; and Ashland Avenue) as measured at a point six inches above grade level and shall be balled and burlapped. Curbs and low railings shall be installed around parkway planters (i.e. a raised planting area constructed to contain soils, plants and trees) within the Central Area for the purpose of protecting landscaped areas from heavy pedestrian traffic consistent with recommendations in the Guide to the Chicago Landscape Ordinance.
Where the deputy commissioner of the bureau of forestry determines it is not feasible to install parkway trees due to inadequate sidewalk widths or other limiting conditions, he/she may require the installation of sidewalk planters of a size and type described in the Guide to the Chicago Landscape Ordinance. The sidewalk planters installed in lieu of parkway trees shall be provided in an amount equal to no less than two square feet of planter area per linear foot of lot area as measured at the front lot line or the front and side lot lines on corner lots.
(2) The number of parkway trees installed shall not be less than one tree for each 25 lineal feet of property frontage, or any fraction thereof greater than one-half, along all parkways contiguous to such property. The type, size and location of such trees shall be subject to the rules and regulations promulgated by the deputy commissioner;
(3) Any existing parkway tree of two and one- half inch caliper or more located within the parkway contiguous to such property which is preserved may be counted toward satisfaction of the requirements of this section; and
(4) Every parkway tree shall be planted in conformance with the provisions of any regulations issued regarding the use of the public way including, without limitation, the "Manual of Tree Planting Standards", as it may be amended from time to time.
(5) All parkway trees shall be installed and maintained in compliance with the following requirements: 1) tree grates shall be required where trees are planted in sidewalk openings; 2) black lava rock mulch shall be required in trees pits below trees grates and shall be installed to a level flush with the bottom of the tree grate; 3) curbs and low railings to protect plantings shall be required on busy pedestrian retail and commercial streets within the Central Area (an area bounded by North Avenue; Lake Michigan; Cermak Road; and Ashland Avenue) consistent with recommendations in the Guide to the Chicago Landscape Ordinance.
The soil volume and composition for required parkway trees or planters shall meet the following requirements: 1) soils shall have a three-foot minimum depth; 2) planting areas shall have a minimum of 24 square feet of surface area with no dimension less than three feet; 3) soil composition (soil types, acidity and organic content) and soil percolation rates shall follow the recommendations of the Guide to the Chicago Landscape Ordinance. The deputy commissioner may require the addition of structural soil below sidewalk slabs in order to permit root growth beyond a small pit or sidewalk cut in those circumstances where the new construction involves the replacement of existing sidewalks.
(Added Coun. J. 2-6-91, p. 30591; Amend Coun. J. 7-21-99, p. 9425; Amend Coun. J. 10-27-21, p. 39525, § 13)
In connection with the installation of parkway trees required to be installed pursuant to the provisions of Section 194A-5.13* of the city's zoning code, the deputy commissioner shall (1) review the plans and specifications submitted to the zoning administrator for such trees and thereafter make a recommendation to the zoning administrator regarding conformance of such plans and specifications with the provisions of this chapter; and (2) inspect such parkway trees following installation and thereafter make a recommendation to the zoning administrator regarding conformance of the installation of such parkway trees with the approved plans and specifications.
(Added Coun. J. 2-6-91, p. 30591)
* Editor's note – For current Zoning Code provisions, see § 17-11-0100.
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