A. Permit And Compliance Required: No person may conduct or will be entitled to any permit for any activity associated with a regulated activity unless a valid tree permit for the activity is issued in accordance with this chapter. No person will be entitled to any tree permit unless the subject property, upon the issuance of the tree permit, is in strict compliance with the terms and provisions of this chapter and the terms and provisions of all other applicable laws, ordinances, rules, and regulations of the village and of all other governmental agencies having jurisdiction.
B. Exceptions:
1. Pruning: A tree permit is not required for the pruning of any tree in compliance with the national pruning standards.
2. Tree Emergency: In response to notice of an existing tree emergency, the village president, the village administrator, the building commissioner, the deputy building commissioner, the village engineer, the village forester, the director of public works, the police chief, and the fire chief are each authorized to waive the requirement for a tree permit or tree permit application. If a tree emergency occurs, the person endangered by the tree emergency may take any reasonable action necessary to avoid or eliminate the immediate danger or hazard. The action taken must be an action that is least likely under the circumstances to cause damage or removal of any trees, and the village assumes no responsibility or liability for any action taken. The person taking the action must report the action taken to any of the above village officials immediately after the action is taken and file an after the fact tree application permit within forty eight (48) hours, which the village forester will review. If the village forester determines that a tree emergency existed which justified the damage or removal of the tree(s), an after the fact tree permit will be issued with no permit fee charged. If the village forester determines that no emergency existed to justify the damage or removal of the tree(s), then the action will be deemed a violation of this chapter, and the damaged or removed tree(s) must be replaced pursuant to this chapter.
C. Application For Permit: Any person desiring or required to obtain a tree permit must submit a tree permit application to the village forester on a form provided by the village setting forth or otherwise providing the following information:
1. Required Information For All Applications:
a. Applicant's name and address.
b. Location of the subject property on which the regulated activity will occur, including the street address or legal description, and the legal and beneficial owner of the subject property.
c. Legal relationship of the applicant to the subject property.
d. The signature of the applicant and the owner of the subject property.
e. Size of the subject property.
f. If all or part of the subject property is located within a conservancy area, any recorded plat, deed, or covenant that indicates or describes the location and restrictions of the conservancy area.
g. Number, size, species, and condition of trees that will be damaged or removed in the course of the proposed regulated activity.
h. Number, size, species, and condition of trees that may be damaged or removed in the course of the proposed regulated activity or any related activity, and steps to be taken to prevent the damage or destruction and any necessary remedial action.
i. Tree replacement plan in accordance with subsection 10-11-7I of this chapter.
j. Tree replacement security in accordance with subsection 10-11-7J of this chapter; except, that the village forester may waive or modify this requirement pursuant to subsection 10-11-7J5 of this chapter for certain tree permit applications unrelated to construction activity.
k. Other data and information as the village forester deems necessary to allow full and fair consideration of the tree permit application and for compliance with the goals of this chapter.
2. Additional Information For Applications Involving Construction Activity: Tree permit applications relating to construction activity must include the following additional information:
a. Location, dimensions, and current and proposed use of existing and proposed buildings, structures, paved areas, utility lines and utility and access easements on and adjacent to the subject property.
b. Existing grades and proposed grades of the subject property and whether there have ever been any drainage or stormwater runoff problems in connection with the subject property.
c. A tree protection plan in accordance with section 10-11-8 of this chapter.
3. Level Of Detail: The information required by this subsection may be submitted to the village forester in the form, detail, and degree of accuracy as may be reasonably feasible without undertaking professional studies and surveys.
D. Action On Applications:
1. Inspection Of Property: Upon receipt of a tree permit application, the village forester will visit and inspect the subject property, as well as contiguous and adjoining lands, to evaluate the information in the tree permit application.
2. Approval Of Application; Issuance Of Permit: The village forester will, in a timely manner, review and approve the tree permit application and issue the tree permit if the village forester determines that:
a. The proposed regulated activity will destroy or endanger no more trees than are reasonably necessary to achieve the applicant's objectives;
b. The tree permit application and all required submittals, including, without limitation, the tree replacement plan and, if required, the tree protection plan, each satisfy the requirements of this chapter;
c. The regulated activity will not be inconsistent with the purposes and intent of this chapter; and
d. The applicant has submitted the tree replacement security, if required, in compliance with this chapter.
3. Conditions On Approval: The village forester may approve the tree permit application subject to the conditions necessary to protect the public welfare, achieve the purposes of this chapter, or to prevent undue damage or removal of trees.
4. Denial: If the village forester determines that the tree permit application does not satisfy the provisions of subsection C of this section or the purposes of this chapter, the village forester will promptly notify the applicant that the tree permit application is denied.
E. Application And Permit Fees: An applicant must pay the following fees as set out in section 1-12-3 of this code, under the categories "development fees" and "permit fees": 1) a tree permit application fee along with any consultant review fees incurred by the village in processing the tree permit application and, if a permit is granted; 2) a tree permit fee; provided, however, that no application or permit fee will apply to a tree permit or tree permit application concerning the removal of group D trees, trees with less than the minimum dbh set forth in subsection 10-11-4C of this chapter, exotic and invasive species, or diseased or dangerous trees pursuant to section 10-11-9 of this chapter.
F. Posting Permit: The tree permit must be posted in a prominent location at the subject property until the completion of the removal of all trees contemplated by the tree permit.
G. Expiration And Renewal Of Permit: Each tree permit will expire automatically if the regulated activity or other activity authorized by the tree permit is not commenced within six (6) months or completed within one year after the tree permit is issued; provided, however, that the village forester may, upon the written request of the applicant or the person to whom a tree permit has been issued, grant reasonable extensions of time for commencement or completion of the regulated activity or other activity authorized by the tree permit.
H. Suspension Or Revocation Of Permit: Any tree permit issued under this section may be revoked or suspended by the village forester if the holder of the tree permit violates the terms of the tree permit or any of the provisions of this chapter. (Ord. 2008-22, 9-9-2008)