§ 161.105 PRESERVATION OF NATURAL FEATURES.
   (A)   General. Due regard shall be given to the preservation of natural features within a proposed development, such as large trees, water courses, historical and similar community assets, which, if preserved, will add attractiveness and value to the property. The developer shall take every precaution required to preserve the natural features in the planning and construction of the development.
   (B)   Preservation of existing trees. When parcels proposed for development include trees measuring six inches in diameter or larger, a tree preservation and protection plan shall be prepared and submitted to the village for review and approval, and shall include the following:
      (1)   The location, size, condition and species of all existing trees within the construction zone and within 30 feet of proposed construction;
      (2)   Identify all existing trees proposed to be removed; and
      (3)   Means and methods to be used to protect and preserve trees designated to be saved.
   (C)   Evaluation of existing trees.
      (1)   The ability to save existing trees on the site shall be evaluated by the developer and the village to determine which trees shall be preserved, and which trees may be removed for one or more of the following reasons:
         (a)   To provide essential grade changes;
         (b)   To provide for surface water drainage and utility installations;
         (c)   To locate proposed structures(s) without causing unreasonable economic hardship;
         (d)   To observe good forestry practices, i.e., the number of healthy trees that the parcel will support;
         (e)   That pose a safety hazard to pedestrian or vehicular traffic, or threaten to cause disruption of public services;
         (f)   That pose a safety hazard to buildings, both existing and proposed;
         (g)   That are diseased or weakened by age, storm, fire or other injury; or
         (h)   That are willows, silver maples or other fast-growing softwood trees determined by the village to be short lived or of poor quality.
      (2)   All existing trees determined to be saved shall be identified on the preservation and protection plan and shall be preserved and protected during the development.
   (D)   Tree replacement. In the event that a tree identified for preservation is destroyed or damaged during construction, the tree shall be replaced with a tree that is at least the same size caliper as the tree removed, or be replaced with smaller trees, each with a minimum caliper of two and one-half inches, as measured six inches above grade, which add up to the caliper of the original tree.
   (E)   Other tree preservation requirements.
      (1)   Approval of the final engineering plans shall be withheld until all of the information required by this section of the ordinance has been submitted, and the evaluation of existing trees on the subject property has been completed by the village.
      (2)   The village shall, at its discretion, have the right to retain a professional tree consultant/ forester to review tree preservation plans and to submit a written report to the village. All expenses incurred by the village for the use of the tree consultant shall be reimbursed by the developer.
      (3)   The village shall have the right to inspect the subject property at any time during the construction process, in order to verify that the developer and contractor have protected trees in accordance with the approved tree preservation plan.
      (4)   Any person, private or public company failing to adhere to the provisions of the approved tree preservation plan shall be subject to a fine of $500 per tree which has been damaged, and/or termination of all construction activity, until such time as all provisions of this chapter have been met to the satisfaction of the village.
(Ord. 808, passed 4-19-2006)