(A) Tree replacement required. Except as expressly provided in subsection (D) below and except where payment in lieu of replacement is expressly authorized by § 150.165, tree replacement shall be mandatory for the damage or removal of any protected tree that is located in a required yard of a lot, and for the damage or removal of any heritage tree located anywhere on a lot, according to the following tree replacement rate:
(1) The replacement of protected trees shall be so that the sum of the DBH inches of the new trees shall be one inch or more for each one inch of DBH of the protected trees that have been damaged or removed;
(2) The replacement of heritage trees shall be so that the sum of the DBH inches of the new trees shall be two inches or more for each one inch of DBH of the heritage trees that have been damaged or removed; and
(3) The replacement of protected and heritage trees removed for good forestry practices shall be replaced on a one-for- one basis. Replacement trees must comply with the regulations established in § 150.164(B) of this code.
(B) Replacement trees. All replacement trees shall be in good health, structurally sound and of appropriate genus, species, variety and cultivar, and shall be planted in accordance with good construction practices and current standards generally observed by professionals in the forestry, landscaping and landscape architecture professions. The Village Board, by resolution duly adopted, shall establish a list of trees of appropriate or inappropriate genus, species, varieties and cultivars under this section. No individual replacement tree may be less than three inches DBH. Any replacement tree that dies or becomes diseased within one year following the date of planting shall be replaced by the applicant at the applicant’s sole expense.
(C) Replacement schedule. All tree replacements must be made pursuant to a written time schedule submitted by the applicant and approved by the Village Manager.
(D) Exception to replacement requirement. The Village Manager shall have the authority to authorize an exemption from the replacement requirements and payment in lieu requirements otherwise applicable under this subchapter:
(1) If the Village Manager determines that the protected tree or heritage tree to be damaged or removed is dead, diseased, insect infected or otherwise unsafe and a hazard to persons, property or other trees; or
(2) If the Village Manager determines that the protected tree or heritage tree to be damaged or removed is in dangerous proximity to any public utility line or related facility;.
(Ord. 945, passed 10-11-2005; Ord. 1282, passed 6-21-2121)