A. Purpose: It is the purpose and intent of this section to regulate the care, maintenance, and management of ponds, wetlands, drainageways, prairies, forested lands and other open space or natural areas on village owned property in order to enhance, protect and preserve ecological values and the health, safety, and welfare of the village.
B. Regulated Activities: The provisions of this section apply to all village owned land and water areas within the corporate limits. This section does not apply to privately owned land or any other lands not owned by the village. Routine landscape maintenance activities such as roadside mowing conducted by the village or its contractors and tree trimming, performed by or on behalf of a public utility along utility rights of way are exempt from the provisions of this section. Regulated activities include, but are not limited to:
1. Use of aquatic herbicides, algaecides, or pesticides or other chemicals designed to alter the quality or character of ponds;
2. Mechanical or other physical cutting, uprooting, or other removal of aquatic plants or algae in ponds;
3. Installation or use of pond aeration equipment;
4. Operation of a water control structure;
5. Installation of underwater habitat improvement structure or projects to attract and/or feed waterfowl;
6. Measures to discourage site usage by Canada geese;
7. Stocking of fish, forage species, and other aquatic species;
8. Cutting, mowing, herbiciding, or controlled burning of any plant species in wetlands, prairies, forested areas, or other natural areas;
9. Installation of seed plants, trees, and shrubs in ponds, wetlands, prairies, forested areas, or other natural areas;
10. Such other ecological management measures as determined by the board of trustees to be in need of regulation.
C. Management Plan:
1. All persons, organizations, homeowners' associations, or their agents seeking to conduct regulated ecological management activities on village owned lands are required to submit a plan of the proposed management activities to the village for review and approval. The village, its officers, agents and employees are specifically exempt from the plan submittal requirement.
2. Plans shall include:
a. A statement of objectives and a description of the type of activity(ies) being proposed;
b. Identification of invasive, undesirable, or nuisance species proposed for control;
c. Specific method(s) to be used for control (e.g., use of glyphosate herbicide for control of reed canary grass; professional trapping of nuisance beaver; copper sulfate applications for algae control in ponds);
d. Identification of who will directly conduct or perform the management activity being proposed (e.g., contractor, individual, homeowners' group);
e. Map or aerial photograph description of natural area or pond to be managed, keyed to the description of the specific management methods so far as possible;
f. Schedule for initiation and completion of the proposed activity and an indication of whether the activity will be a one time or a recurrent event;
g. Estimated budget for each major element of the management program being undertaken, with a total of all such budgeted items;
h. Certificate of insurance stating that the person, firm or organization conducting the proposed activities has continuing coverage for the following risks in the following amounts:
Workers' compensation | Statutory limits |
General liability | $1,000,000.00 |
Automobile | 1,000,000.00 |
The certificate of insurance shall name the village of Green Oaks as an additional insured.
i. If seeding, planting of vegetation or stocking of fish is proposed, the management plan shall identify the species (by scientific name) proposed for seeding, planting, or stocking as well as the quantity or rate of seeding, planting, or stocking;
3. The village will forward the proposed management plan to its ecological consultant, as identified in the village watershed development ordinance, for review and approval. No management activities shall be conducted without prior management plan approval. The village ecological consultant shall have twenty one (21) days to review and approve or disapprove of the plan following receipt of the plan from the village. The ecological consultant shall observe and monitor management activities to ensure conformity with the management plan and to otherwise safeguard the interests of the village.
4. No activities regulated hereby shall be undertaken, nor shall any plan submitted hereunder be effective, unless approved by the corporate authorities of the village. The village retains the authority to disapprove any management activity or plan that alters the essential character of the property for which it is proposed.
5. Before approval of any management plan as provided for herein, the person, firm or organization submitting such plan must provide a performance bond, acceptable letter of credit or other guarantee acceptable to the village, guaranteeing the complete performance of all portions of the plan. The terms and provisions of this performance guarantee shall be as set forth in subsections 9-4-4A through H of this title, with the exception that the village ecological consultant shall be responsible for approving the cost of the plan, approving reductions to the amount of the guarantee, and certifying completion of the management activities. (Ord. 2003-O-5, 3-26-2003)