(a) The village arborist shall review each priority tree plan to determine:
(1) Whether such plan will likely result in the cutting or destruction of any priority tree;
(2) Whether such plan minimizes the destruction to or cutting of priority trees; and
(3) Whether such plan provides adequate protection of each priority tree.
(b) If the village arborist determines that a priority tree plan will neither destroy nor cut any priority tree and will provide adequate protection of all priority trees, then the arborist shall issue a tree permit, and the applicant shall be entitled to proceed with the tree impact activity, subject to satisfaction of any other permitting or other requirements of law relating to such activity.
(c) If the village arborist determines that a priority tree plan will likely result in the cutting or destruction of any priority tree, the arborist shall first consult with the applicant to modify the tree impact activity or to take other or additional action to avoid or minimize such cutting or destruction. If such consultation results in modifications or additional actions that avoid or minimize the cutting or destruction of priority trees, the village arborist shall issue a tree permit, and the applicant shall be entitled to proceed with the tree impact activity, subject to satisfaction of any other permitting or other requirements of law relating to such activity.
(d) If the village arborist determines that a priority tree plan will likely result in the cutting or destruction of any priority tree, and the arborist's consultation with the applicant does not result in modifications or additional actions that avoid or minimize the cutting or destruction of priority trees, then:
(1) Priority I trees. For each priority I tree, the village arborist shall determine whether the cutting or destruction of the priority I tree can be avoided by a reasonable modification to the tree impact activity. If so, the village arborist shall issue the tree permit subject to such modifications. If the village arborist determines that no such modification will avoid the cutting or destruction of the priority I tree, and that absent such cutting or destruction of a priority I tree the applicant cannot make reasonable use of the applicant's lot, parcel or tract, then the applicant shall receive a tree permit subject to satisfying the tree replacement condition prescribed in the tree permit;
(2) Priority II trees. No priority II tree shall be cut or destroyed unless the applicant demonstrates that such cutting or destruction is necessary to accomplish the tree impact activity (other than the cutting or destruction of a priority tree), and no reasonable alternatives exist to effect the tree impact activity without such cutting or destruction. Upon demonstrating the necessity of such cutting or destruction, the applicant shall receive a tree permit, subject to satisfying the tree replacement condition prescribed in the tree permit; and
(3) Priority III trees. If the cutting or destruction of a priority III tree is desired, the applicant shall receive a tree permit, subject to satisfying the tree replacement condition prescribed in the tree permit.
(e) When issuing a tree permit, the village arborist may establish such conditions as may be necessary or appropriate to achieve the purposes of this article, including without limitation the installation of fencing to protect the drip line of any priority tree. Any applicant receiving a tree permit shall be required to comply strictly with the terms and conditions of such tree permit, including the priority tree plan, at the applicant's sole cost and expense.
(f) Notwithstanding anything in this section to the contrary, to the extent a tree permit is sought for a removable tree, the village arborist shall issue the tree permit without any tree replacement obligation.
(g) Topping prohibited. It is recognized that topping immediately injures the tree, exposes a tree to decay, and permits invasion from insects and disease. In addition, the loss of foliage starves the tree, weakening the roots, and reducing the tree's structural strength.
(Ord. No. 2022-12-3532, § 2)