A. General Requirements: Any protected tree damaged or removed in the course of a regulated activity must be replaced by the applicant pursuant to this section and as depicted in a tree replacement plan pursuant to subsection I of this section, regardless of whether the protected tree is located on the same lot on which the regulated activity takes place; except, that the village forester may, pursuant to subsection G of this section, consider a request to submit a fee in lieu of the replacement of trees, and except for the exemptions in subsection B of this section. No replacement tree may have a caliper less than one and one-half inches (11/2").
B. Exemptions: Tree replacement is not required if the Village Forester determines that any of the following circumstances exist:
1. When a protected tree, due to natural causes, is dead, dangerous, or interferes with any existing or proposed public improvements, is in dangerous proximity to any public utility lines or related facilities, or is a diseased tree or dangerous tree or otherwise unsafe, unhealthy, or insect infected and constitutes a hazard to persons, property, or other trees.
2. When a protected tree, due to natural causes, obstructs any street, sidewalk, or any pedestrian path to an extent that the protected tree interferes with free passage and clear view along the street, sidewalk, or path and at any street or driveway intersection.
3. When removal of a protected tree is necessary to comply with the current standards generally observed by professionals in the forestry profession.
4. When the removal involves only the removal of class D trees or exotic and invasive species and does not involve any protected tree.
5. When the protected tree to be removed is located within the foundation footprint of: a) a new residential building to be constructed on an undeveloped lot in a zoning district, or b) an addition which creates additional gross floor area for an existing residential building, provided that the combined gross floor area for the new residential building or existing residential building and the addition, as applicable, is compliant with the maximum gross floor area restrictions for residential buildings under the zoning regulations and that the new residential building or the addition, as applicable, does not require any variations. In these events, replacement trees will be required only for fifty percent (50%) of the removed protected trees within the foundation footprint, at the replacement rate set forth in subsection C of this section.
6. When the protected tree to be removed is located within the foundation footprint of an addition which creates additional gross floor area for a residential building that is a Protected Building pursuant to the Village’s historic preservation regulations (Title 9, Chapter 14 of this Code); provided, that (i) the addition does not require any variations and (ii) the Historic Preservation Commission has approved the addition by an affirmative vote. In this event, replacement trees will not be required for the removed protected trees within the construction footprint.
C. Replacement Formula: Protected trees must be replaced by group A trees pursuant to the replacement rate specified in this subsection. The tree replacement rate is determined by the species of tree removed. For each inch of dbh removed, replacement trees must be provided at the rate shown in the following table. For example, for every inch in diameter of a removed group A tree, each inch removed must be replaced with 1.25 inches in diameter of replacement trees:
Species Removed | Diameter Of Tree Removed | Replacement Rate |
All public trees | 1 inch | 125 percent |
Group A | 1 inch | 125 percent |
Group B | 1 inch | 75 percent |
Group C | 1 inch | 50 percent |
D. Specifications: All replacement trees must be:
1. Provided by the applicant at the replacement rate specified in subsection C of this section;
2. Of a species listed in group A set forth in appendix A, section 10-11-13 of this chapter;
3. At least one and one-half (11/2) caliper inches;
4. In conformance with the nursery stock standards; provided, however, that in the event that the implementation or enforcement of the nursery stock standards conflicts with the implementation or enforcement of the tree care standards, the provisions of the tree care standards will control;
5. Pursuant to a written time schedule approved by the village forester;
6. Planted in a location approved in advance by the village forester; and
7. Inspected by the village forester prior to planting.
E. Care Of Replacement Trees: The applicant will be solely responsible for the care and feeding of newly planted trees for a period of two (2) years, which time shall commence upon the issuance of a final certificate of occupancy for the property as required pursuant to the village building regulations or, if no final certificate of occupancy is required, upon completion of the tree replacement plan as determined by the village forester pursuant to subsection I of this section. The care and feeding of newly planted trees must, at a minimum, adhere to the tree care standards.
F. Alternative Locations: The village forester may reduce the number of replacement trees to be planted on the subject property and designate alternative locations for new trees on the subject property upon determining that full tree replacement will result in unreasonable crowding of trees or would be otherwise inconsistent with current standards generally observed by forestry professionals. If the village forester cannot identify an appropriate alternative location on the subject property for a tree, that tree may be replaced by a fee in lieu of replacement pursuant to subsection G of this section.
G. Fee In Lieu Of Replacement:
1. Modification Of Tree Replacement Requirement: The village forester may waive or modify any portion of the tree replacement requirements if the village forester determines that replacing trees at the full replacement rate provided by subsection C of this section would:
a. Result in the unreasonable crowding of trees upon the subject property or upon a public right of way immediately adjacent to the subject property; or
b. Adversely impact the viability of existing trees on the subject property; or
c. Not be consistent with the current standards generally observed by professionals in the forestry profession.
2. Calculation Of Fee: Upon a determination by the village forester that an applicant has demonstrated one or more of the above, in lieu of providing replacement trees at the required replacement rate, the tree replacement plan will be modified to require the applicant to: a) replace the tree(s) at the replacement rate in subsection C of this section; and b) pay a tree replacement mitigation fee as provided in section 1-12-3 of this code, under the category "development fees". All tree replacement mitigation fees collected by the village will be used to promote the purposes of planting and maintaining trees in the village.
H. Waiver Or Modification Of Provisions: Where a previous zoning or subdivision approval contains conditions which fully accomplish the goals and purposes of this chapter, the board of trustees may waive or modify the requirements of this section. The waiver or modification may be revoked at any time that any condition imposed pursuant to the approval is violated.
I. Tree Replacement Plan:
1. Required: A tree replacement plan must be filed with all tree permit applications for a regulated activity involving the replacement of one or more protected trees.
2. Contents Of Plan: A tree replacement plan must contain the following information:
a. A brief description of the applicant's plan for the replacement of protected trees in accordance with the requirements in this section. The description must specifically include, without limitation, the replacement and planting methods and technologies that the applicant intends to employ in order to satisfy the requirements of this section.
b. The number, size, species, and proposed location of the trees that the applicant is required to plant or replant, if any, pursuant to the requirements of this section.
c. Other data and information as the village forester deems necessary in order to comply with the requirements of this chapter, as set forth in the administrative manual.
3. Inspection; Compliance With Plan: Upon notification from the applicant that the requirements of the tree replacement plan have been completed, the village forester will inspect the property to determine compliance with the tree replacement plan. No final certificate of occupancy may be issued for the property until the village forester approves of the implementation of the tree replacement plan.
J. Security Requirements:
1. Security Required: Every tree replacement plan must be accompanied by a tree replacement security, except as modified or waived by the village forester pursuant to subsection J5 of this section. The tree replacement security must consist of:
a. A cash deposit to be held in escrow by the village;
b. An irrevocable letter of credit issued by a lender authorized to issue the letter by any state or by the United States;
c. A bond with good and sufficient surety; or
d. Another form of security approved by the village administrator.
2. Amount: The amount of the tree replacement security will be determined by the village forester and must be equal to three (3) times the total actual cost of strictly complying with and fully implementing the tree replacement plan, with any applicable adjustment for cost of living increases and/or inflation.
3. Replenishment Of Security: If, at any time, the village forester determines that the funds remaining in the tree replacement security are not or may not be sufficient to pay, in full, the total actual costs of strictly complying with and fully implementing the tree replacement plan, then, within ten (10) days following a demand by the village, the applicant must increase the amount of the tree replacement security to an amount determined by the village forester to be sufficient to pay the uncovered costs. Failure to so increase the amount of the tree replacement security will be grounds for the village to retain or draw down any remaining balance of the tree replacement security.
4. Return Of Security: Upon completion of the tree replacement plan pursuant to subsection I3 of this section, the tree replacement security, or any remainder thereof, will be returned or released to the applicant.
5. Limited Waiver: Where a tree permit application concerns the damage or removal of trees unrelated to construction activity, the village forester may, upon consultation with the building commissioner, modify or waive the requirement for submittal of the tree replacement security if the village forester determines that the tree replacement security is not necessary for the limited damage or removal and that the purposes of this chapter will be fulfilled without submittal of the tree replacement security.
K. Failure To Comply:
1. Notice: If, at any time, the village forester determines that the applicant has failed to comply with or implement the tree replacement plan, the village forester will cause notice of the failure to be served upon the applicant and will order the applicant to fully comply with the tree replacement plan within fourteen (14) days following mailing or personal delivery of the notice. The notice must be personally served or sent by certified mail, return receipt requested, to the applicant and must notify the applicant that, absent an appeal pursuant to subsection K3 of this section, unless full compliance with the tree replacement plan is achieved within fourteen (14) days from the date of mailing or personal delivery of the notice, the village may proceed to perform or cause to be performed work the village forester determines necessary to achieve full compliance with the tree replacement plan.
2. Opportunity To Comply: Absent an appeal pursuant to subsection K3 of this section, within thirty (30) days following mailing or personal delivery of the required notice, the applicant must take action as is necessary to strictly comply with and implement the tree replacement plan.
3. Appeal: Within fourteen (14) days following personal delivery or mailing of the required notice, the applicant may appeal the village forester's determination by filing a written notice of appeal with the village administrator. The filing of an appeal will toll the thirty (30) day period in which the applicant is required to take action pursuant to subsection K2 of this section from the date on which the village administrator receives the applicant's notice of appeal. Upon receipt of a notice of appeal, the village administrator will review all reliable and relevant documents and information pertaining to the village forester's determination. The village administrator must render a written decision on the appeal no later than fourteen (14) days after the village administrator receives the written notice of appeal. The village administrator must notify the applicant of the village administrator's decision within two (2) days after the decision and must provide the applicant a copy of the decision. The action taken by the village administrator will be final. The tolling of the thirty (30) day period will cease upon the applicant's receipt or notice of the village administrator's decision.
4. Village Right To Complete Work: If the applicant neglects or refuses to fully comply with and implement the tree replacement plan within the thirty (30) day period pursuant to this subsection, then the village forester, with the consent of the village administrator, and, if applicable, upon the denial of any applicable appeal, will be authorized to perform or to cause to be performed work necessary to ensure strict compliance with and full implementation of the tree replacement plan. The village forester will have the right to deduct, liquidate, draw down, or apply an amount equivalent to three (3) times the actual costs of the work from the tree replacement security, as well as to exercise all other rights and remedies available to the village, including, without limitation, any applicable lien rights. (Ord. 2008-22, 9-9-2008; amd. 2009 Code; Ord. 2011-23, 11-28-2011; Ord. 2022-10, 3-28-2022)