A. Tree Location Plan: A tree location plan shall be required with each subdivision application if public improvements are planned. Said plan shall:
1. Be drawn at a scale not smaller than one inch equals fifty feet (1" = 50'). Reduced copies of said plan may be required by the Village.
2. Identify all existing trees four inches (4") in diameter or larger measured six inches (6") above the ground by location, size, species, and condition, which are within sixty feet (60') of a proposed street or private road center line, or within twenty feet (20') of any proposed utility easement (as measured from both of the utility easement edges).
3. Show proposed street rights of way and public improvement easements.
4. Indicate those trees shown on the plan that are proposed to be removed.
5. A landscape plan as described in subsection B below may be required at the Village discretion and, if required, shall include all of the above information.
B. Landscape Plan:
1. A landscape plan shall be required for all applications for a special use permit and may also be required at the Village's discretion of any subdivisions. Said plan shall:
a. Be developed and implemented by a qualified landscape architect.
b. Be drawn at a scale not smaller than one inch equals fifty feet (1" = 50'). Reduced copies may be required by the Village.
c. Show all existing trees four inches (4") in diameter or larger, measured six inches (6") above the ground, and natural features, all existing and proposed public rights of way and easements, and all proposed landscaping, including such detail as the species, varieties, size and quantity of plant materials and indicating those trees shown on the plan that are proposed to be removed. Said landscape plan may substitute for the tree location plan, required in subsection A above, if all the requirements of said subsection A are met on the landscape plan.
d. Required approval by the Village Board after review by the Plan Commission:
(1) Thereafter, all significant changes to the approved plan must be approved by the Village Board after review by the Plan Commission.
(2) Minor changes to the approved plan, which do not affect the goals of the plan, may be approved by the Village Forester and Building Commissioner.
e. Have attached, a written statement from the landscape architect describing the environmental effect of the landscaping on the subdivision and surrounding area. Included therein shall be a statement setting forth the goals of the plan, reasons why specific plant materials have been selected and the time required for this plan to produce the desired environmental effect. Said statement shall also explain how the plan will deal with any special environmental conditions existing on the site or to be created by the development.
2. The minimum landscape plan required for all new residences on subdivided lots shall include the planting of two (2) oak trees (Quercus species) at least two inches (2") in diameter as measured at six inches (6") above the ground. Location shall be determined by owner/landscaper discretion.
C. Planting, Size, Spacing, Materials, Maintenance: All trees and landscape material required by the Village shall be installed, maintained or replaced in accordance with the following:
1. Planting and Maintenance:
a. The policies and specifications of the Village shall be followed, a copy of which may be obtained from the Village Forester.
b. No plant materials may be installed unless a landscape or street tree plan has been approved by the Village.
2. Spacing: Trees shall be planted according to the following spacing requirements:
a. Small trees, which have an ultimate height of twenty feet to thirty feet (20' - 30') and a fifteen foot to twenty five foot (15' - 25') spread shall be planted fifteen feet to twenty feet (15' - 20') on center.
b. Medium trees, which have an ultimate height of thirty feet to fifty feet (30' - 50') and a thirty foot to forty foot (30' - 40') spread shall be planted twenty five feet to thirty feet (25' - 30') on center.
c. Large trees, which have an ultimate height greater than fifty feet (50') and over a forty foot (40') spread shall be planted thirty five feet to forty feet (35' - 40') on center.
A landscape plan, drawn by a qualified landscape architect, which proposes to vary from these spacing requirements by grouping trees to achieve a special landscape effect for parkway plantings, may be submitted and approved by the Village. A written statement, as specified in subsection C5 below, shall accompany any such request.
3. Size:
a. All required street trees shall be three inches (3") in diameter at the time of planting, measured six inches (6") above ground level.
b. All other required trees and plant material shall be the size specified in the approved tree location or landscape plan.
4. Type:
a. The species and variety of street trees shall be selected from the permitted list, available from the Village Administrator (see Section 7-1-12-5 of this Chapter).
b. A mixture of species and variety of street trees shall be planted an all new subdivision streets.
c. All other required trees and plant materials shall be the species and variety as shown on the approved landscape plan.
5. Acceptance of Plant Materials and Maintenance Guarantee:
a. Prior to the acceptance of plant materials by the Village, the Village will require that a final inspection be made by a qualified landscape architect and the Village staff and that such architect provide to the Village a written statement certifying that the approved landscape plan has been implemented and that all materials have been planted in accordance with the Village's specifications.
b. Upon acceptance of installed materials by the Village Board, the developer shall provide to the Village a financial guarantee acceptable to the Village Attorney, equal to the cost of all required maintenance for a two (2) year period for all materials installed.
(1) Required maintenance shall be as specified in the policies and specifications for tree planting and maintenance of the Village available from the Village Forester.
(2) The Village may elect to either:
(A) At the developers expense, perform all required maintenance or contract to have all required maintenance performed, or
(B) Require the developer to furnish for Village review and approval, a contract with a landscape contractor insuring that maintenance consistent with Village specifications will be performed for all plant materials.
6. Replacement Guarantee: All materials planted shall be guaranteed by the developer for two (2) growing seasons from the time of acceptance by the Village Board. Such financial guarantee shall be in the amount of ten percent (10%) of the cost of all the materials planted.
D. Tree Preservation: The following shall apply to all buildable lots in the Village.
1. Purpose: It is stated public policy of the Village Board of the Village to maintain, to the greatest extent possible, existing trees within the Village. In addition to adding to the scenic beauty of the Village, the maintenance of trees and wooded areas tends to preserve the ecology of the Village through the filtering effect of trees on air pollutants. Trees also help to provide a noise barrier, help to prevent erosion of topsoil, provide nesting areas for birds and other wildlife, provide windbreaks and shaded areas, and increase property values by adding to the aesthetic quality of land. Therefore, the purpose of this subsection is to allow for the improvement of platted but undeveloped lots and the improvement of unplatted properties where trees of four inches (4") or larger exist.
2. Subdivided Lots: Tree preservation areas shall be established for all new residences on subdivided lots where four inch (4") or larger trees exist at the time of application for a building permit.
a. The "tree preservation area" is that area of a lot which is not needed for the house and driveway construction and where all trees, four inches (4") or larger in diameter, shall be preserved.
The "building activity area" shall be the area on the lot where building activity may take place and shall be as small as possible, including the entire area affected by building and grading activities related to the approved construction. No construction activity, movement and placement of equipment or material storage shall be permitted outside the building activity area, in the tree preservation area. All buildings and driveways shall be located to minimize tree damage and/or removal but consistent with minimum building setback requirements of the Zoning Code. The building area shall be temporarily fenced by the developer during all construction so that all trees in the tree preservation area shall be preserved.
b. The Village Forester shall prescribe and publish procedures to be implemented by building permit applicants. Such procedures shall be binding and shall be filed for use and examination with the Building Department.
c. A building permit shall not be issued until the tree preservation area has been fenced and the site has been inspected by the Village Forester for compliance.
E. In New Subdivisions:
1. Location of Improvements: When determining the location of improvements within a subdivision and the location of structures on lots, the developer shall make every reasonable effort to save healthy trees having a diameter of four inches (4") or greater, measured at six inches (6") above ground, and other vegetation deemed appropriate.
2. As part of the preliminary plat procedure contained herein, the developer shall submit a plat of survey certifying the location, size and species of all healthy trees having a diameter of four inches (4") or greater measured at six inches (6") above ground for areas within twenty five feet (25') of any proposed improvement. For remaining areas covered by the preliminary plat, only the general locations of the trees are required. The developer shall indicate on such plat which trees he/she proposes to save in accordance with this Section and, in general, those trees which will be lost. The trees to be saved in accordance with this Section shall be agreed upon as part of the preliminary plat approval.
3. Final Plat: As part of the final plat procedure contained herein. The developer shall submit:
a. A proposed grading plan for the site, indicating the location, size and species of the trees to be saved in accordance with the preliminary plat approval.
b. A plan establishing the methods to be used for preserving the trees that are to be saved. Such plan shall include the following provisions: a) all grading and construction equipment shall be forbidden from encroaching within the tree's drip line; b) crushed limestone or other materials detrimental to the tree shall not be dumped within the tree's drip line or at any higher location where drainage toward the tree could affect the health of the tree; and c) installation of fencing at the periphery of the tree's drip line shall be required.
c. The developer's processed methodology for saving existing trees in accordance with the preliminary plat approval shall be reviewed by the Village Forester.
If, in the opinion of the Village Forester, the developer has not taken the necessary precautions in preserving such existing trees, it will be recommended that the subdivision plat not be approved until such time as the developer satisfactorily amends his plans for the preservation of such existing trees.
d. A building permit shall not be issued until the Village Forester has inspected the site and determined that all trees to be preserved have been properly fenced as stated herein.
4. Destruction or Removal: Trees destroyed or removed as a result of the development of a subdivision shall be subject to the replacement provisions of this Section.
5. Replacement: In new subdivisions trees destroyed or removed as a result of the development of the subdivision shall be replaced in accordance with the tree replacement standards herein. The following trees must be replaced.
a. Trees four inches (4") in diameter or greater measured at six inches (6") above ground located in the right of way of proposed roads.
b. Trees four inches (4") in diameter or greater measured at six inches (6") above ground located in common open areas, parks, surrounding detention facilities or similar areas within the subdivision.
c. Trees located in any required yard.
6. Replacement Credit for Existing Trees: Where the developer of the subdivision or the owner of a lot within a subdivision protects and preserves trees located on the buildable portion of a lot, such trees may be substituted for required replacement trees as follows.
a. One tree twelve inches (12") in diameter measured at six inches (6") above ground or greater, or two (2) trees four inches (4") in diameter measured at six inches (6") above ground or greater may be substituted for one tree twelve inches (12") in diameter measured at six inches (6") or greater removed or destroyed.
b. One tree four inches (4") in diameter measured at six inches (6") above ground for one other tree six inches (6") in diameter measured at six inches (6") above ground or greater removed or destroyed.
c. Trees for which tree replacement credit has been given shall be identified on the landscape plan. If tree replacement credit has been given to a developer and a subsequent lot owner removes the trees, the lot owner shall be required to replace such trees in accordance with the above standard.
F. Protection: Tree preservation areas shall be protected from the buildable activity areas by a barrier (fencing) of satisfactory materials to prevent impingement of construction vehicles, materials, spoils and equipment into the tree preservation area. Installation of fencing at the periphery of the tree's drip line shall be required. The Village Forester and Building Commissioner shall have the authority to stop construction on the site until adequate barriers have been constructed. If a barrier is constructed on the site and is not adequately maintained in a manner which protects the tree preservation area, the Village Forester and Building Commissioner shall have the authority to stop construction until the barrier is repaired.
G. Penalty: Any tree four inches (4") in diameter or greater, removed prior to the submission of a building permit application shall be punishable by a fine per tree*:
Tree Diameter (Inches)*
|
Fine (Dollars)
|
Tree Diameter (Inches)*
|
Fine (Dollars)
|
4 | $ 400.00 |
5 | 500.00 |
6 | 600.00 |
7 | 700.00 |
8 | 800.00 |
9 | 900.00 |
10 or greater | 1,000.00 |
*As measured at 6 inches above ground. | |
The diameter of removed trees shall be determined by the average stump diameter where cut at six inches (6") from surrounding ground level. In addition, each tree removed shall be replaced as set forth in the tree replacement standard. Replacement location shall be as determined by the Village Forester. A cash bond shall be provided at the time of issuance of a building permit to guarantee the replacement of a number of trees determined to be required by the Village Forester.
H. Tree Replacement Standard: Trees required to be replaced, shall be replaced as follows:
1. Any canopy tree twelve inches (12") in diameter measured at six inches (6") above ground or greater shall be replaced by not less than two (2) canopy trees of at least four inches (4") caliper.
2. Any canopy tree with at least six inches (6") caliper measured at six inches (6") above ground but less than twelve inches (12") measured six inches (6") above ground shall be replaced with one canopy tree not less than four inches (4") caliper.
3. Any ornamental tree with at least four inches (4") caliper measured at six inches (6") above ground shall be replaced with one canopy tree not less than four inches (4") caliper.
4. Evergreen trees shall be replaced only with evergreen trees and deciduous trees shall only be replaced with deciduous trees.
5. The species of replacement tree shall be suitable for the location and soil conditions of the site.
6. Replacement trees shall be selected from the approved list of plant materials, herein.
7. A tree which is transplanted on site is not required to be replaced.
I. Streetscape Preservation:
1. Purpose: The Village Board has previously identified and hereby re-adopts the public policy to preserve trees as an important public resource. In addition to this policy, the purpose of this subsection of the Section 7-1-12 is to preserve natural streetscapes throughout the community, to preserve the essential character of those areas throughout the community which are heavily wooded and in a more natural state, and to maintain property values throughout the community.
2. Definitions:
CUTTING: Felling or removal of a tree or any procedure the result of which is to cause the death or substantial destruction of a tree. Cutting does not include normal pruning, trimming or topping of trees.
DRIP LINE: An artificial line along the ground which conforms to the perimeter of the crown of a tree and projects vertically to the ground.
REMOVE or REMOVAL: The actual physical removal, or the effective removal through damaging, poisoning or other direct or indirect action resulting, or likely to result in, the death of a tree.
3. Tree Preservation Area:
a. "Tree preservation areas" are hereby established in the front yards of each lot, corner side yards in the case of corner lots, and any side of a lot fronting an a public street for all developed properties as hereinafter set forth.
b. Within the "tree preservation areas", no tree greater than four inches (4") in diameter as measured at six inches (6") above the ground shall be removed except as otherwise provided for in this Section.
4. Designation:
a. The depth of the "tree preservation area" shall be thirty five feet (35').
b. Within this area, the property owner shall be permitted to trim and remove trees that are less than four inches (4") in diameter measured at six inches (6") above the ground so as to create a healthy and thriving environment for the larger, more significant trees.
c. That portion of the lot located outside the "tree preservation area" may be cleared by the owner of the property so as to insure reasonable enjoyment and use of the property. However, this removal must not encroach on, or damage any of the trees which may be located within, the "tree preservation area".
5. Requirements:
a. No trees greater than four inches (4") in diameter, as measured at six inches (6") above the ground, shall be removed from the tree preservation area without a permit. Permits authorizing removal of trees in excess of four inches (4") in diameter may be issued by the Village Forester in circumstances when the issuance of such a permit is found not to be inconsistent with the purpose of this Section. Conditions under which a permit may be issued include, but will not be limited to the following:
(1) The tree is dead, or dying;
(2) The tree is diseased;
(3) The tree is damaged or injured to the extent that it is likely to die or become diseased;
(4) The removal of the tree will enhance the tree preservation area and the health of the remaining trees;
(5) The removal of the tree will avoid or alleviate an economic hardship or a hardship of another nature on the property or residence; or
(6) The removal of the tree is consistent with good forestry practices.
In all cases of permit application the Village Forester shall use reasonable interpretations of the circumstances in determining whether or not the permit should be issued.
b. In issuing a permit, or if a tree four inches (4") in diameter or larger is damaged or removed from the tree preservation area, the property owner or his designee may be required to replace each tree so removed so as to minimize the visual impact from the loss of each tree as observed from adjacent properties or parkways. The size of each such replacement, to be no less than four inches (4") in diameter, the location and the variety of the replacement tree, shall be reviewed and approved by the Village Forester who may, solely at his discretion, require more than one replacement tree if he deems it necessary to reestablish the visual character created by the tree which was removed. If the property owner can demonstrate hardship or special circumstances, the Forester, in his discretion, may waive the planting of a replacement tree, or trees, but only if a waiver is consistent with the purposes of this Section.
6. Appeals: The property owner may appeal to the Village Administrator any decision made by the Village Forester and Building Commissioner or other Village official under the provisions of this Section within thirty (30) days of the decision being rendered.
7. Emergencies:
a. In the event of emergency conditions requiring the immediate cutting or removal of trees within the "tree preservation area" in order to avoid immediate danger or hazard to persons or residences, an emergency permit will be issued without formal application, by the Village Forester, or his designee.
b. If the Village Forester is unavailable and no member of this staff is reasonably available, in the event of such an emergency, it shall be lawful to proceed with the cutting of tree or trees without permission to the extent necessary to avoid the immediate danger or hazard. In the event of the cutting of any tree under the provisions of this Section, without the prior filing of an application, the person doing so shall, within forty eight (48) hours thereafter, report the action taken to the Village Forester, and shall forthwith provide such information and evidence as may be reasonably required by the Village Forester to explain and justify the action taken.
8. Penalty: Any violation of this subsection shall be punishable by a fine per tree removed:
Tree Diameter (Inches)*
|
Fine (Dollars)
|
Tree Diameter (Inches)*
|
Fine (Dollars)
|
4 | $ 400.00 |
5 | 500.00 |
6 | 600.00 |
7 | 700.00 |
8 | 800.00 |
9 | 900.00 |
10 or greater | 1,000.00 |
*As measured at 6 inches above ground. | |
(Ord. 94-29, 10-26-94)