A.   Purpose And Intent: The purpose and intent of this section is, through the preservation, protection, planting, and proper maintenance of trees and woodlands within the village and on land to be annexed to the village, to:
      1.   Prevent the unnecessary destruction of trees in the village;
      2.   Aid in the stabilization of soil by the prevention of erosion and sedimentation;
      3.   Aid in the control of drainage and restoration of denuded soil subsequent to construction or grading;
      4.   Reduce stormwater runoff and the costs associated therewith and replenish groundwater supplies;
      5.   Provide a buffer and screen to protect against the adverse impacts associated with noise;
      6.   Provide moderation of temperature extremes;
      7.   Aid in the removal of carbon dioxide and generation of oxygen in the atmosphere and purify air and offset car emission pollution;
      8.   Provide a habitat and feed source for birds and other wildlife which, in turn, assists in the control of pests;
      9.   Protect and increase property values;
      10.   Conserve and enhance the village's unique physical and aesthetic environment;
      11.   Prevent the existence of trees which pose a threat, danger or nuisance to the public or to the property in the village; and
      12.   Generally protect and enhance the quality of life and the general welfare of the village and its citizens.
   B.   General Scope: Except as specifically exempted in this section, the provisions of this section shall apply generally and uniformly to property within the village. The provisions of this section shall apply for any and all activity within the corporate limits of the village involving the proposed or possible removal of live trees having a breast diameter of six inches (6") or more diameter breast height (dbh). Diameter at breast height shall be considered to represent a height of four and one-half feet (41/2') above the ground. This section shall also apply to all areas seeking annexation to the village.
   C.   Definitions: Unless the context specifically indicates otherwise, the meanings of terms used in this section shall be as follows:
   BUILDING ENVELOPE: See definition of Building Pad.
   BUILDING PAD: An area of a lot enclosed by the front, rear, and side yard setback lines. Such areas are defined on approved village of Lake Villa plats of subdivision.
   CALIPER: As measured at a point twelve inches (12") above the ground.
   CLOSED CANOPY: A wooded area that allows little or no light into the forest floor.
   CONDITION: Life expectancy of trees. State whether good, poor, dying, or dead.
   CONSERVANCY: Any area designated as "conservancy" or equivalent on a plat of subdivision or plat of dedication approved by the village and recorded.
   CUTTING: Felling or removal of a tree or any procedure the result of which is to cause the death or substantial destruction of a tree. "Cutting" does not include normal pruning, trimming or maintenance topping of trees.
   DESIGNEE: A person appointed by the building and/or planning department to inspect the subject property for compliance or violation of this section.
   DESTRUCTION: Any human or animal activity which destroys or shortens the life expectancy of a tree.
   DEVELOPMENT: Any proposed material change in the use of or character of land from an undeveloped or natural state.
   DIAMETER BREAST HEIGHT (dbh) The diameter of the trunk of the tree measured in inches at a point four and one-half feet (41/2') above ground level. This point of measurement is used for mature and established trees.
   DRIP LINE: The outside perimeter of the tree's canopy extended to the ground to represent the preservation area.
   FOREST: A dense growth of trees and underbrush covering a large tract of land, or a significant portion of a large tract of land.
   LANDSCAPE ARCHITECT: One whose profession is the arrangement of land for human use and enjoyment, involving the design and placement of structures, vehicular and/or pedestrian circulation, plantings, and their relationships with adjacent areas and who has professional and educational qualifications in plant physiology.
   REDEVELOPMENT: Any increased use or restructuring of present use of land that was already considered developed.
   SITE: That tract, parcel or lot of land for which a tree removal permit is sought.
   STRUCTURE: Any structure, building, patio, pool, deck, fence, shed, gazebo, etc., that would require a building permit to construct.
   TIMBERLAND: Land covered with forest and especially with marketable timber.
   TREE: Any self-supporting woody plant together with its root system, growing upon the earth usually with one trunk, or a multistemmed trunk system, supporting a definitely formed crown.
   TREE AND WOODLAND PLAN: A plat indicating the woodlands and trees, indicating the existing trees proposed to be preserved, the existing trees proposed to be removed, and/or new trees proposed to be planted. This may be included in a landscape plan.
   TREE CANOPY: The area of space that live tree leaves and branches occupy.
   TREE COVERAGE: The total area of space a woodland canopy occupies.
   TREE REMOVAL PERMIT: The permit required by this section to remove any tree protected and regulated under the provisions of this section.
   TREE SURVEY: A survey that shows the number, diameter, location, condition and species cultivars of all live trees on the subject property prior to any regulated tree destruction activity.
   VIABLE: A tree which is capable of sustaining its own life process, unaided by man.
   WOODLANDS: A tract or parcel of land covered wholly or in substantial part with trees and related environs.
   YARD AREA: An open space on the same lot or parcel with a building, said space being unoccupied with the exception of trees and other vegetation and/or accessory structures.
   D.   Inside The Village: Trees and woodlands on vacant lots or lots already developed, built upon, and occupied.
      1.   Tree Permit Required: For removal or relocating of trees six inches (6") or larger dbh or groves under the definition of "woodlands" with trees three inches (3") or larger dbh, the conditions under which a permit may be issued include, but are not limited to, the following:
         a.   Removal due to interference with the location or relocation of a parking lot, driveway, sidewalk, patio, deck, garden, fruit trees, swimming pool, and other structures.
         b.   Removal due to interference with the safe performance of planned, contemplated or existing underground or overhead utilities including water and sanitary and storm sewer lines, gas pipes, and telephone and electric poles and wires.
         c.   Removal in no conservancy areas if the trees in a yard have matured to a point where they are blocking reasonable light and air reaching the yard and patio areas of the house or housing unit.
         d.   Removal due to damage or injury to the extent that the tree is likely to die or become diseased.
         e.   Removal will avoid or alleviate an economic or health hardship of another nature on the property.
         f.   Removal is consistent with good forestry practice.
         g.   Removal will enhance a tree preservation area and the health of the remaining trees.
      2.   Exceptions: The permit requirements set forth in subsection D1 of this section shall not apply to:
         a.   Emergencies involving, but not limited to, tornadoes, windstorms, floods, freezes or other natural disasters.
         b.   Trees which have become, or immediately threaten to become, a hazard to persons, property or other vegetation and require immediate removal or destruction. The building department may grant immediate verbal authorization by on site inspection confirmed later with the issuance of a tree removal permit for record purposes.
         c.   Diseased, dead or dying trees as confirmed by the building department and when necessary by a designated plantsman or other vegetation professional.
         d.   All active orchards and state or village approved tree nurseries shall be exempt from the terms and provisions of this section, but only in relation to those trees which are planted and growing for the sale or intended sale to the general public in the ordinary course of business or for some public purpose.
         e.   Removal of invasive, nonnative species, and village or state designated nuisance trees shall not require a tree removal permit.
   E.   Prior Destruction Or Removal: If during the course of the review of an application for an annexation to or a development within the village, it shall be determined that mature trees, or mature or young woodlands, have been cut or relocated from the site prior to the application for an annexation or a development, the net result of which would be to frustrate or interfere with the application of a site capacity analysis required under the zoning ordinance, then, in that event, the village shall treat the annexation or development as if the trees were still existing on the site, and require all appropriate site capacity calculations to be so applied. In addition, as a condition of approval of the annexation or development, the village shall require that the developer replenish the site with like species which aggregate to the full sum of the diameter of the trees which have been removed.
   F.   Permit Required; Tree Removal Application Form And Fees: Removal, relocation or replacement of trees is prohibited unless a permit therefor has been first obtained from the village. Tree removal permits for the removal, relocation, or replacement of trees shall be obtained by submitting to the village an application on a form prescribed by the village. There shall be no cost for a tree removal permit.
      1.   Application Procedure: For tree removals in conjunction with new development on lots with or without designated building pad or building areas:
         a.   Tree removal permit application shall include:
            (1)   A sketch, photo or other description showing the location of the tree or trees to be removed.
            (2)   Information on the size, types, and number of trees to be removed.
            (3)   Reasons for removing the trees.
            (4)   Any reports or studies, if any, indicating that the trees should be removed.
            (5)   Such other relevant information as the building department shall reasonably require.
   G.   Application Review And Approval: Upon receipt of a completed application, the village shall review said application. Such review may include site inspections and referral of the application for comment and recommendations to other appropriate village officials. A tree removal permit shall be granted only if:
      1.   In the opinion of the village, the criteria in subsection D1 of this section are met.
      2.   There is a tree replacement plan conforming with the village of Lake Villa zoning ordinance, as amended, article eight, section V, G, table V-E6, except that this requirement shall not apply to any existing lot which is one acre or less in size and which has been both platted and improved with a structure on or before March 15, 2006.
      3.   Where more than five (5) trees (which qualify for replacement) are to be removed, adequate security for the replacement thereof shall be posted with the village in the form of an irrevocable, unconditional standby letter of credit in the amount of one hundred fifteen percent (115%) of the value of the replacement stock and the costs of installation.
   H.   Permit Time And Expiration: The following sets forth the time limitations and expiration time of a tree removal permit:
      1.   Tree removal permits shall expire and become null and void if work authorized by such tree removal permit is not commenced within six (6) months from the date of the tree removal permit or if such work, when commenced, is suspended or abandoned at any time for a period of ninety (90) days.
      2.   A tree removal permit extension may be granted when deemed necessary.
   I.   Maintenance And Tree And Woodland Preservation And Protection:
      1.   Planting Standards: Any tree required to be planted as a condition of a permit or approval pursuant to this section shall conform to the "American Standard For Nursery Stock" as approved by the American Standards Institute, Inc. (or equivalent nationally recognized standard, as may be chosen by the village).
      2.   Preservation Techniques: The technique to be used to preserve trees and woodlands during construction shall be stated in the tree/woodland plan. The preservation technique employed shall be approved by the building department and shall be sufficient to preserve the life of the trees and/or woodland, and shall include:
         a.   Leave woodland intact wherever possible.
         b.   Place buildings adjacent to the woodland rather than within the woodland.
         c.   Fencing outside the drip line of the tree(s) or woodland to be saved before any grading or construction activities. Do not cut, fill, or compact soil within the tree(s) drip line area.
         d.   During construction, all reasonable steps necessary to prevent the destruction or damaging of trees shall be taken and unless authorized by the issuance of a tree removal permit, no excess soil, additional fill, equipment, liquids or construction debris shall be placed within the drip line of any tree that is required to be preserved in its present location unless the addition of excess soil fill or excavation is required in order to comply with the watershed development ordinance.
         e.   The "Lake County Soil And Water Conservation District Opinion" includes the article "Preserving Trees During Construction". The article shall be referenced for construction guidelines.
         f.   No attachments or wires other than those of a protective or nondamaging nature shall be attached to trees during construction.
         g.   Unless otherwise authorized by a tree removal permit, no soil is to be removed from within the root zone of any tree that is to remain at its original location.
         h.   Retain natural conditions of woodland floor or simulate natural conditions with ground cover.
         i.   The drainage of tree(s) or woodland(s) shall not be impeded.
         j.   Where applicable all removal operations and resulting conditions of the land shall comply with the watershed development ordinance.
   J.   Large Properties And Development Sites: The provision of this section shall apply generally and uniformly to all development, redevelopment or expansion of multi-family, commercial, industrial or agricultural properties or uses of any size and residential property greater than one acre or subdivision of residential property resulting in the creation of two (2) or more lots within the village limits, as well as properties newly annexed or undergoing annexation.
      1.   Application Procedure: Any person requesting the destruction or relocation of trees or woodland shall submit the following information to the village:
         a.   An application containing the name, address and telephone number of the applicant as well as the owner(s) of the property.
         b.   Location of the subject property including address or legal description and the size of the subject property acreage.
      2.   Tree Survey And Landscape Plan: The applicant shall submit a tree survey and landscape plan developed by a qualified landscape architect drawn at a scale not smaller than one inch to fifty feet (1":50').
Reduced copies may be required by the building department or village board. The survey and plan shall comply with the following:
         a.   Show the acreage of woodland area, the location of woodland(s) and trees three inches (3") in diameter or larger at breast height (dbh) of desirable native species (using both common and botanical names). Show dead, dying and trees requiring major pruning six inches (6") in diameter or larger dbh.
         b.   Show all existing trees six inches (6") in diameter or larger measured at breast height (dbh), all natural features, existing and proposed public and private rights of way and easements, proposed landscaping, including such details as the species, varieties, size and quantity of plant materials and indication shown on the plat of those that are proposed to be removed.
         c.   Have attached a written statement from the landscape architect describing the environmental effect of the landscaping on the development and neighboring, adjacent properties. Include setting goals of the plan in the statement, reasons for selections of specific plant materials, and time required for the plan to produce the desired environmental effect. Include how the plan will deal with any special environmental conditions, including wetlands, lakes, ponds, rivers or streams (flowing or intermittent), existing on site or to be created by the development.
      3.   Approval Of Landscape Plan: The landscape plan shall be subject to approval by the building department and in recommended cases, by the village board.
      4.   Tree Preservation: The developer or owner(s) shall retain and protect wherever possible, woodlands and trees in areas of construction, including existing public and private street rights of way and easements. The preservation techniques under subsection I2 of this section shall be followed.
      5.   Tree And Woodland Compensation/Replacement:
         a.   The developer or owner(s) shall replace any trees six inches (6") in diameter or greater dbh and/or a significant number of less caliper trees that are to be removed. The developer or owner(s) shall replace these trees including planting, according to the following size schedule:
dbh Of Canopy Trees Removed
Replacement Canopy Trees
36 inch or larger
4 inch
24 inch - 35 inch
4 inch
16 inch - 23 inch
3 inch
9 inch - 15 inch
3 inch
3 inch - 8 inch
3 inch
         b.   Replacement trees shall be of a high quality, disease free, regionally grown trees with a single straight trunk with no scars. Plants installed to satisfy the requirements of this section shall meet or exceed the plant quality standards of the most recent edition of "American Standard For Nursery Stock", published by the American Association Of Nurserymen. Plants shall be nursery grown and balled and burlapped.
   K.   Enforcement: This section shall be a minimum standard and shall be enforced by the building and police departments.
   L.   Penalties, Permit Revocation: Any tree removal permit issued under this section shall be revoked or suspended if the permit holder violates the terms of the permit or any other provisions of this section. Any violation of this section shall be subject to a fine of not less than two hundred dollars ($200.00) and not more than seven hundred fifty dollars ($750.00). Each day that a violation hereof exists shall be considered a separate offense, and each tree removed in violation hereof shall be considered a separate offense. (Ord. 2014-06-03, 6-25-2014)