11-1-4: PROTECTION OF EXISTING TREES:
   A.   Tree Survey: A tree survey shall be submitted to the applicable approving authority for review and approval, by anyone requesting a tree removal permit, a building or site development permit, and/or preliminary and/or final subdivision approval. The tree survey shall indicate the location, size and species (both scientific and common name), relative health, of all trees located on the parcel with a dbh of four inches (4") or greater. The tree location and size information which is part of a tree survey shall be based upon a plat of survey prepared by a land surveyor. The balance of the information provided by any tree survey and any tree preservation plan and any amendment(s) thereto shall be prepared by a registered landscape architect as defined by 225 Illinois Compiled Statutes 315/1 et seq., or by an arborist as defined in 65 Illinois Compiled Statutes 5/11-42-13, or by persons with similar expertise in forestry, woodlands management, and/or horticulture whose qualifications have been approved in advance by the applicable approving authority.
   B.   Integration Of Existing Trees Into Site And Landscape Plans: Subject to the determination of the applicable approving authority, or his or her or its designee, a reasonable effort shall be made to retain existing protected trees shown on the tree survey through the integration of those trees into the site and landscaping plan for a proposed site or development. Where a reasonable integration of protected trees into the site or development plan is not possible, and any protected trees are, therefore, approved for removal, the applicant shall be required to mitigate the removal of all such protected trees based upon the exchange rate set forth in section 11-1-5 of this chapter, and further provided that removal of protected trees designated for preservation shall be allowed only pursuant to the provisions of section 11-1-5 of this chapter. In the event that a site development plan or landscaping plan is not required by a landowner who desires to remove protected trees, a tree survey and tree preservation plan in compliance with this chapter shall still be required.
   C.   Tree Preservation Plan: A tree preservation plan indicating the location and species of those protected trees to be preserved and the methods which are to be used to preserve such trees shall be submitted to the applicable approving authority. This tree preservation plan shall specify the following:
      1.   Preservation Techniques:
         a.   Grading And Construction Equipment: All grading and construction equipment shall be forbidden from encroaching upon the protected tree's drip line.
         b.   Material Detrimental To Trees: Crushed limestone and other materials detrimental to protected trees shall not be dumped within the drip line of any tree nor at any higher location where drainage toward the protected tree could conceivably affect the health of the protected tree.
         c.   Installation Of Snow Fencing: Snow fencing shall be installed during construction at the periphery of the protected tree's drip line. In areas where a protected tree is in the construction zone and fencing the drip line is not possible, two inch by six inch by eight foot (2" x 6" x 8') long boards banded or wired around each trunk shall be provided as protection to adequately prevent scarring.
         d.   During Construction: If protected trees have their roots exposed, the roots shall be pruned. If exposed roots are greater than two inches (2") in diameter, the tree crown is to be pruned to compensate for the root loss. Also the protected tree shall be watered and fertilized.
      2.   Preservation Methodology: The methods which are to be used to preserve those protected trees shall be clearly specified on the tree preservation plan. These shall, at a minimum, include the preservation techniques listed above, although alternative methods may be considered. If, in the opinion of the applicable approving authority or his or her or its designee, the necessary precautions as specified in the tree preservation plan for the development were not undertaken before or during construction to ensure the preservation of those protected trees, any building or site development permit for the property in question shall not be issued, or, if previously issued, may be suspended or revoked until such time as these precautions have been complied with.
      3.   Exempt Trees: Notwithstanding anything contained in this chapter to the contrary, the following species of trees shall not be required to be preserved or protected as part of any tree preservation plan:
Ash, blue (Fraxinus quadrangulara)
Ash, green (Fraxinus pennsylvanica)
Ash, white (Fraxinus americana)
Buckthorn, common (Rhaminus cathartica)
Buckthorn, glossy (Rhaminus frangula)
Cherry, choke (Prunus virginiana)
Maple, box elder (Acer negundo)
Maple, Norway (Acer platanoides)
Maple, silver (Acer saccharinum)
Pine, Austrian (Pinus nigra)
Poplar, cottonwood (Populus deltoides)
Poplar, Lombardy (Populus nigra "italica")
Poplar, white or silver (Populus alba)
As specified in subsection 11-1-8C of this chapter, the written approval of the Village Administrator, or his or her designee, shall be required for the removal of any of the species of trees specified in this subsection C3 in order to confirm that said tree is one of the exempt species as listed above or is otherwise an exempt tree. After such a written determination has been made by the Village Administrator, or his or her designee, such trees shall, therefore, be considered "exempt trees" for the purposes of this chapter. Until a tree has been determined by the Village Administrator, or his or her designee, to be an "exempt tree", it shall be presumed to be a protected tree.
      4.   Applicable Trees: The tree preservation plan shall be required to and shall specify such reasonable and necessary precautions to preserve and protect all protected trees.
      5.   Landscape Architect Or Arborist Review: The Village, through the applicable approving authority, shall have the right, but not the obligation, to retain, at the applicant's expense, a landscape architect or arborist who shall, in that event, review the applicant's proposed tree preservation plan and provide recommendations to the applicable approving authority pursuant to this chapter.
      6.   Proposed Location: Unless otherwise provided as part of a landscaping plan, the tree preservation plan shall also show the proposed location of all required replacement trees.
      7.   Other Options: Notwithstanding the other provisions of this chapter to the contrary, no tree survey or tree preservation plan shall be required for a tree removal permit if the Village Administrator, or his or her designee, determines that such tree survey and tree preservation plan for such a tree removal permit can both be documented by other means, such as photographs and/or a written report prepared by a qualified arborist.
      8.   Annual Compliance Review: Notwithstanding the other provisions of this chapter to the contrary, compliance with the tree removal permit and tree replacement provisions of this chapter by a community association and/or homeowners' association (collectively, "said association") on the common property within a planned unit development may, at the request of the Board of Directors of said association and with the approval of the Village Board of Trustees, be evaluated and approved or disapproved by the Village Administrator not less than annually on the basis of the budgeted and actual expenditures of said association for tree replacement in comparison to the number of nonexempt trees removed from the common property of said association during a comparable period. If approved by the Village's Board of Trustees, such annual compliance review and approval in lieu of the tree removal permit and tree replacement provisions of this chapter shall be terminated, when and if so directed by the Village's Board of Trustees. (Ord. 2018-O-18, 9-4-2018)