(A) Definition. All of the land area located within 75 feet inland of the ordinary high water mark of all ponds, streams, lakes, wetlands, and navigable high water mark of all rivers.
(B) Purpose. Shore buffers serve to protect land/water margins from erosion due to site disruption. Because of regular contact with wave action, currents, and runoff, such areas are highly susceptible to continuous, and in some cases, rapid erosion. Shore protection also provides a natural vegetation buffer which serves to reduce water velocities and wave energy, and filters significant amounts of water-borne pollutants and sediments. Shore buffers also promote infiltration and groundwater recharging, and provide a unique habitat at the land/water margin.
(C) Determination of presence.
(1) Shore buffers are to be determined as the land within 75 feet of the ordinary high water mark of all navigable waters and parallel to that ordinary high water mark, where required. Navigable waters are to be determined by using the definition of
NAVIGABLE WATER set forth in § 154.015 and the sources in the order indicated below. If the first source is considered inaccurate or inappropriate, as determined by the Zoning Administrator, the succeeding source shall be used:
(a) A topographic survey prepared by and certified by an Illinois registered land surveyor at the petitioner's expense at a contour interval of not less than two feet.
(b) Topographic maps on file with the city.
(c) U.S.G.S. 7.5 minute topographic quadrangle maps.
(2) The area of shore buffers (in square feet and acres) shall be measured and graphically delineated on the Natural Resource Protection Plan.
(D) Protection standards. With the exception of the activities permitted below, shore areas shall remain in undisturbed state, except for the land uses permitted per the requirements of § 154.404.
(1) Tree removal.
(a) Purpose. The intent and purpose of this subsection is to preserve the natural wooded areas that help comprise the city's character, maintain property values by improving and preserving the aesthetic appeal of the city through tree regulations, preserve the natural resources of the city and state, reduce the amount of erosion in the city due to tree removal, protect the quality of the waters of the state and the city, and protect and promote the health, safety and welfare of the people by minimizing the amount of sediment and other pollutants carried by runoff to surface waters due to the erosion of land not protected by a naturally wooded environment.
(b) Clear-cutting prohibition.
1. Waterfront shoreland areas. In a strip of land 35 feet wide inland from the bulkhead line, no more than 30 feet in any 100 feet shall be clear-cut. Where the lot is less than 100 feet, no more than 30% of this strip shall be clear-cut. Natural shrubbery shall be preserved as far as practicable and, where removed, it shall be replaced with other vegetation that is equally effective in retarding runoff, preventing erosion and preserving natural beauty.
2. Tree preservation area. Except for circumstances identified under division (c), below, it is prohibited to remove any tree or cause any trees to be removed from the tree preservation area of each lot. During construction, no equipment movement, construction or placement of equipment or material storage shall be permitted in the tree preservation area.
(c) Cutting exceptions.
1. Trees may be removed from the building activities area. This area shall be as small as possible, including the entire area affected by building, grading, and temporary material storage areas. In no case shall the amount of trees with a six-inch tree diameter removed within the building activities area exceed the following:
a. Eighty percent of the total of such trees on lots of one-quarter acre or less.
b. Sixty percent of the total of such trees on lots of one-quarter acre to one acre, except in the CSR District.
c. Forty percent of the total of such trees on lots of one acre to two and one-half acres, except in the CSR District.
d. Twenty percentof the total of such trees on lots of two and one-half acres or more, except in the CSR District.
e. Ten percent of the total of such trees on all lots in the CSR District.
2. Trees removed in excess of the above will require a tree removal permit. Conditions under which a permit may be issued include, but will not be limited to, the following:
a. The tree is dead, dying or diseased.
b. The tree is damaged or injured to the extent that it is likely to die or become diseased.
c. The removal of the tree will enhance the tree preservation area and the health of the remaining trees.
d. The removal of the tree will avoid or alleviate an economic hardship or hardship of another nature to the property or residences.
e. The removal of the tree is consistent with good arboriculture practices.
(2) Replacement trees. When in keeping with good arboriculture practices, replacement trees shall be planted for all removed trees. They may be planted in the tree preservation area or in the building activities area after the initial construction activities are completed. All replacement trees shall be planted within 30 days of final grading. The determination of good arboriculture shall be based on tree density and spacing of Table 154.509.1.
(3) Penalties. Any person violating any provision of this section shall be subject to a penalty per tree illegally cut or removed, which shall be determined by the assessed value of the trees removed. The assessed value shall be determined in accordance with the Manual for Plant Appraisers, published by the Council of Tree and Landscape Appraisers, most recent edition. In addition, a replacement tree shall be planted, of equivalent caliper, to replace each tree cut illegally.
Small Trees: Trees which have an ultimate height of 20' to 30' and 15' to 25' spread. They should be planted 15' to 20' on center or roughly at a density of 115 trees per acre. | |||
Apricot | Hawthorne (sp) | Plum, Purpleleaf | Soapberry |
Crabapple, Flowering (sp) | Lilac, Japanese Tree | Redbud | Pear, Bradford |
Peach, Flowering | Golden Train Tree | Serviceberry | |
Medium Trees: Trees which have an ultimate height of 30' to 50' and 30' to 40' spread. They should be planted 25' to 30' on center or roughly at a density of 30 trees per acre. | |||
Ash, Green | Linden or Basswood (sp) | Oak, Red | Osageorange (Thornless) |
Hackberry | Mulberry, Red (fruitless male) | Pagodatree, Japanese | Persimmon |
Honeylocust (Thornless) | Oak, English | Pecan | Poplar |
Birch | Sassafras | ||
Large Trees: Trees which have an ultimate height greater than 50' and over 40' spread. They should be planted 40' on center or roughly at a density of 25 trees per acre. | |||
American Elm | Kentucky Coffeetree | Sugar Maple | Sycamore |
Walnut | Silver Maple | Oaks | Cottonwood |
(Ord. O-05-04, passed 4-11-05)