(A) Intent. It is the intent of this section to establish regulations limiting the removal and ensuring the replacement of trees from public and private property within the village and, in doing so, safeguard the ecological and aesthetic environment of the community. These regulations are further intended to dissuade the unnecessary clearing and disturbance of land so as to preserve, insofar as practical, the existing natural vegetation with plant material indigenous to the region, and preserve landscape buffers to minimize the impact of adjoining conflicting land uses, enhance and protect the integrity of roadway corridors, and reduce the surface heat and negative visual impact of vehicular use areas.
(B) Scope. Tree preservation requirements shall apply to all development as outlined in § 158.03.
(C) Tree survey.
(1) For the properties with existing vegetation in areas proposed for development, a tree survey shall be submitted prior to issuance of building permit indicating deciduous plant material that is greater than 20 feet in height, or five inches in diameter measured six inches above the ground (hereafter referred to as "surveyed deciduous trees") or evergreen trees measuring five feet or more in vertical height (hereafter referred to as "surveyed evergreen trees").
(2) The tree survey shall indicate the location, size, and species (both scientific and common) of all surveyed deciduous and evergreen trees measuring 20 feet in height or having a caliper of five inches measured six inches above the ground, or all evergreen trees measuring five feet or more in vertical height.
(D) Removal and replacement criteria.
(1) No existing surveyed deciduous or evergreen tree which has been identified on the "Tree Preservation List" (Appendix E) shall be removed without approval of village staff.
(2) Existing trees removed (with village approval) shall be replaced according to the following schedule:
(a) Deciduous trees.
1. In the event a deciduous tree designated for preservation is destroyed or removed, such trees shall be replaced with new trees at a rate of one inch in caliper of replacement tree to each one inch in caliper of removed tree.
2. 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.
(b) Evergreen trees. In the event an evergreen tree designated for preservation is destroyed or removed, such tree shall be replaced with new trees at a rate of one vertical foot for each one vertical foot of removed tree.
(3) Trees normally required by this chapter may not be counted towards the required caliper inches to mitigate preservation trees.
(4) Village staff shall approve the type of replacement tree to be planted as selected from the approved "Overstory Tree List" (Appendix A). The following minimum sizes are required for replacement trees:
(a) Deciduous trees. All replacement trees for deciduous trees shall have a minimum caliper of two and one-half inches in diameter, as measured at diameter breast height (DBH) above the ground. Any combination of tree sizes equaling two and one-half inches in diameter or larger, may be used for tree replacement; i.e., one 24 inch tree equals two 6-inch and four 3-inch tree replacements or eight 3-inch replacements.
(b) Evergreen trees. All replacement trees for evergreen trees shall be a minimum height of six vertical feet. Any combination of tree sizes six feet in height or greater may be used as tree replacements.
(5) Village staff may vary the number of replacement trees required depending on the desirability of the existing trees.
(6) For those areas of significant vegetation (50% or greater contiguous lot coverage by existing vegetation and/or identified by village personnel), lots shall be reviewed on an individual basis. Impact on existing vegetation will be minimized on a cost effective basis. Emphasis will be placed on maintaining contiguous plantings, and keeping disruption confined to the perimeter as much as possible.
(7) (a) All required replacement trees shall be planted on the site from which the trees were removed. Relief from any portion or all of the on-site tree replacement requirement may be granted by the code official. Relief shall be based upon practical physical difficulties and/or undue hardships related to conditions of the site.
(b) Where specific unique site conditions render complete replacement impractical, cash-in-lieu of replacement trees may be accepted by the village. The contribution in lieu of planting replacement trees shall be $100 for each caliper inch of deciduous tree or $50 for each vertical foot of evergreen tree and shall be paid to the village prior to the issuance of any building permits.
(E) Preservation techniques.
(1) (a) Prior to the development of any project, temporary barriers shall be installed to protect and preserve the existing vegetation.
(b) Wooden lath snow fencing, brightly colored plastic construction fencing, chain link fencing, or an alternative barrier, shall be installed at the periphery of the drip line of the tree or beyond to prevent storage of materials or vehicles. Said fence or barrier shall be a minimum of 48 inches in height securely anchored to fence posts a minimum distance of five feet on center.
(2) Wherever a change of grade is planned, the trees to be preserved shall be protected by a wall so as to preserve the existing grade for the roots.
(3) Wherever a change of grade is planned, the topsoil shall be preserved for the new landscaping to be installed, unless imported topsoil is used which meets planting specifications as outlined in § 158.06.
(4) All grading and construction equipment shall be forbidden from encroaching upon the drip line of any tree.
(5) Crushed limestone or any other material which may be detrimental to trees shall not be dumped within the drip line of any tree(s) nor shall be located at any higher location where drainage toward the tree(s) could adversely affect the health of said tree(s).
(6) No materials or vehicles shall be stored, driven, or parked within the drip line of any trees.
(7) In the event that an underground utility line is to be located within five feet of the trunk of a tree designated for preservation, said utility line shall be augured to prevent damage to the trees root system.
(8) All trees to be preserved which have been subjected to the construction activity within the drip line should be reviewed by a qualified arborist and appropriate actions performed per the recommendation of the arborist. None of the trees shall be topped, headed-back, skinned (removal of interior branches), or climbed with spikes. All dead wood shall be removed to reduce hazard.
(F) Enforcement.
(1) In the event that trees are destroyed/removed, leaving no physical evidence for measurement, tree size in caliper inches will be measured at the stump diameter.
(2) In the event that a tree designated for preservation is destroyed or razed during the construction process or has been removed without the approval of village staff, each tree shall be replaced in accordance with the applicable exchange rates. A minimum of $500 per tree penalty shall be assessed upon the owner of the property on which the trees were removed. A temporary work stoppage shall commence until such time that the village has determined the number and size of tree(s) destroyed. In addition to the fines, destroyed trees must be replaced in accordance to replacement ratios as mentioned above, by the next growing season.
(Ord. 1565, passed 4-1-96; Am. Ord. 2272, passed 3-20-06; Am. Ord. 2341, passed 12-18-06) Penalty, see § 158.99