11-5-10: PRESERVATION OF NATURAL FEATURES AND AMENITIES:
   A.   Generally: Existing features that would add value to residential development or to the Village as a whole, such as individual trees, woodlands, as herein defined, watercourses, historic spots, and similar irreplaceable assets, shall be preserved in the design of the subdivision. No trees shall be removed from any subdivision nor any change of grade of the land affected until approval of the preliminary plat has been granted. Trees of six inch (6") caliper or more in sizes should be preserved. When development requirements such as setbacks or other lot factors and the footprint of the house requires destruction of more than twenty five percent (25%) of such trees, a new tree of at least two and one-half inch (2-1/2") caliper size should be planted for each lost tree. All trees on the plat that are required to be preserved, shall be protected at the edge of the Critical Root Zone (CRZ) from construction impact and change of grade. The critical root zone is approximately at that drip line of the tree. The preliminary plat shall document the number and location of all existing trees, six inches (6") caliper or larger, on the plat and in a tree chart. Existing tree chart indicating the genus/species, size in caliper or diameter breast height (DBH), condition, and protection or removal status. Key each existing tree to the tree protection plan and key the trees to be preserved on the landscape plan. The landscape plan will document the proposed street trees required along the street side of each lot as required by these regulations. Refer to paragraph B, Street Trees for requirements.
   B.   Street Trees To Be Planted By Developer:
      1.   As a requirement of subdivision approval, the applicant shall plant street trees on the property of the subdivision. Such trees are to be planted within five feet (5') of the right-of-way of the road or roads within and abutting the subdivision, or, at the discretion of the Board of Trustees, within the right-of-way of such roads. One tree shall be planted for every lot located within the development except that lots in excess of one hundred twenty feet (120') must have adequate trees to meet the Building and Zoning Administrator's approval and comer lots must be required a tree for each frontage. Each tree shall be located within the right-of-way of said lot frontage and along each road unless the Board of Trustees grants a waiver. The waiver shall be granted only if there are existing trees growing along the right-of-way or on the abutting property which, in the opinion of the Board of Trustees, comply with these regulations.
      2.   New trees, to be provided pursuant to these regulations, shall have a minimum caliper of two and one-half inches (2-1/2"). Such trees shall be selected from among the species in the definition of approved street tree contained in chapter 12 of this title.
   C.   Shade Tree Easement And Dedication: The preliminary plat and final plat shall reserve an easement authorizing the Village to plant street trees within five feet (5') of the required road right-of-way. No street shall be accepted for dedication until the Public Works Director or designee shall inform the Planning and Zoning Commission and Board of Trustees that compliance with these regulations, where necessary, has been made.
   D.   Review Of Planting Proposal: All plantings on the landscape plan submission of the plat will reviewed by the Planning and Zoning Commission.
   E.   Maintenance Of Trees: All trees on the site or street trees must be maintained (properly watered, pruned, staked, and replaced) for a period of eighteen (18) months from project completion. The maintenance of new or replacement trees shall be the responsibility of the developer until the property is transferred to the owner, who shall assume the remaining term of maintenance responsibility. All trees on the site or street trees which die within eighteen (18) months of project completion shall be replaced by the developer.
   F.   Protection Of Publicly Owned Trees:
      1.   Street trees and trees in parks or on any other Village property may not be damaged by any person. Persons or parties in violation of this prohibition shall be subject to penalties.
      2.   The Village will, at public expense, prune, remove and replace street trees and trees on public property.
   G.   Public Utility Companies: Public utility companies shall notify the Village prior to the initiation of pruning cycles which will involve trees located on Village owned property for the purpose of maintaining safe line clearance. The notice should state the estimated time frame of pruning cycle as well as the planned locations in the Village where the work will be performed. All pruning work shall be carried out in accordance with accepted arboricultural standards. Public utility companies shall also notify the Village prior to the installation or maintenance of underground utilities if such activity will occur within the drip line of trees located on Village owned property. In the case of severe storms, natural disasters, or other emergency situations, a public utility company may perform any required pruning or underground utility maintenance necessitated by such situation and thereafter notify the Village of the work performed. (Ord. 2015-18, 4-28-2015; amd. Ord. 2018-07, 4-24-2018; Ord. 2023-32, 11-14-2023)