(A) Intent and purpose. This part of the landscape section establishes requirements to protect and preserve existing trees throughout the village. The requirement only applies to all public and private new construction on lots or parcels greater than five acres. Lots and parcels of land that are less than five acres, and existing developed or contiguous single-family subdivided residential lots and public rights-of-way shall be excluded from the requirements of this section.
(B) Tree removal. No tree having a trunk size of three inches or greater in diameter, as measured six inches above the established ground level shall be removed from unimproved or partially improved land prior to receiving approval of a tree survey and preservation plan from the village administration.
(C) Protection of existing trees.
(1) Tree survey. A tree survey shall be submitted to the Director of Community and Economic Development for review, by anyone planning any site development. The tree survey shall indicate the location, size and species (both common and botanical name) of all trees located on the parcel with a trunk size of three inches or greater, as measured six inches above the established grade.
(2) Integration of existing tree in site and landscape plan. Subject to the determination by the village administration, a reasonable effort shall be made to retain existing trees on the tree survey through the integration of those trees into the site and landscape plan for a proposed development. If a reasonable effort integration into the development plan is not possible, the developer may choose to mitigate the trees in dispute based upon the exchange rate set forth in § 22.135(D). In the event that a development plan is not required but a landowner desires a to clear the site of trees, a tree survey is still required. In such an instance, quality trees will be required to be preserved.
(3) Tree preservation plan. A tree preservation plan indicating the location and species of those trees to be preserved and the methods which are to be used to preserve such trees shall be submitted to the Director of Community and Economic Development. A tree preservation plan shall specify the following preservation techniques:
(a) Grading and construction equipment. All grading and construction equipment shall be prohibited from encroaching upon the tree’s drip line.
(b) Material detrimental to trees. Crushed limestone and other materials detrimental to trees shall not be dumped within the drip line of any tree nor at any higher location where drainage towards the tree could conceivably affect the health of the tree.
(c) Installation of snow fencing. Snow fencing shall be installed during construction at the periphery of the tree’s drip line. In areas where a tree is in the construction zone and fencing the drip line is not possible, two by six inch by eight foot long boards banded or wired around each trunk shall be provided as protection to adequately prevent scarring.
(d) During construction. If trees have their roots exposed, the roots are to be pruned. If exposed roots are greater than two inches, the tree crown is to be pruned to compensate for the root loss. Also, the tree shall be watered and fertilized.
(4) Preservation methodology. The methods which are to bused to preserve those trees shall be clearly specified on the 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 village administration, the necessary precautions as specified in the preservation plan for the development were not undertaken before or during construction to ensure the preservation of those trees, the building permit for the parcel shall not be issued, or if previously issued may be revoked until such time as these precautions have been complied with.
(D) Removal of trees designated for preservation. If a tree designated for preservation on the preservation plan is destroyed or razed during the construction or removed without receiving approval, a permit or in the field adjustment, such trees shall be replaced with new trees in accordance with the following:
(1) Exchange rate.
Existing Tree (diameter in inches)
|
Number of Replacement Trees
|
3-11 | 1 |
12-20 | 2 |
21-29 | 3 |
30 or greater | 4 |
(2) Minimize size of replacement trees. All replacement trees shall have a minimum trunk caliper size of two and one-half inches as measured six inches above the established grade, upon installation.
(3) Species of replacement trees. The following are examples of replacement trees (ash trees are specifically prohibited):
(a) Linden;
(b) Maple (excluding silver maple and other similar softwood species);
(c) Hackberry;
(d) Ginko;
(e) Oak;
(f) Thornless honey locust; and
(g) Kentucky coffee tree.
(4) Amended landscape and tree preservation plan. Removal of trees designated for preservation shall be allowed only by amending the landscape and tree preservation plan and with the approval of the village administration. The amended plan shall indicate the location, species and size of all replacement trees in accordance with the recommendations of the village administration.
(5) In the field adjustments. In the field adjustments to trees designated for preservation on the preservation plan may be necessary during the course of construction. In such instances, the developer or property owner shall not remove any trees designated for preservation prior to site inspection and/or consultation with the village. If it is agreed that any tree designated for preservation substantially impedes the development, in the field adjustments may be approved by the village administration.
(6) Replacement/relocated trees. Any relocated or replaced tree shall be guaranteed survival for up to one growing season. In the event a relocated or replaced tree dies or is in declining condition, the tree shall be replaced with a two and one-half inch caliper shade tree.
(7) Compliance guarantee. Upon application for a building permit, the owner or developer shall furnish a letter of credit in the amount of 30% of the value of the landscape improvements on the approved landscape plan and $200 for each tree designated to remain or be transplanted on the approved tree preservation plan. A cost estimate of landscape improvements shall be submitted to the village, and will be used to calculate the letter of credit amount based upon the percentages above. The owner or developer shall agree that the letter of credit shall by the village for a period of 18 months after the final completion of such work. This will be held for the purpose of guaranteeing the securing the correction of any defect or death of plant material furnished, transplanted or preserved on site, which was not discernable at the time of final inspection or acceptance by the village. If such defects have developed, then the letter of credit may be applied by the village for any amounts incurred in correcting such defects; and that the balance of such letter of credit, if any held at the end of such 18-month period shall be returned by the village to the owner or developer, or paid to the order of the depositor, without interest.
(Ord. 480B, passed 8-21-1953; Ord. 90-O-036, passed 11-8-1990; Ord. 14-O-36, passed 11-14-2014)