(A) Intent Of Mitigation: The Village recognizes that, under certain circumstances, property owners or subdividers may wish to develop in portions of those protected natural resource features areas that are shown as eligible for mitigation as indicated in division 159-7.201(A), table 159-7.201 of this part. In division (B) of this section, the conditions for mitigation and mitigation standards are set forth for the various natural resource features for which mitigation is allowed. The intent of this section is not to permit greater destruction of natural resource features than is permitted under the requirements of this chapter for typical property or development. This section sets specific standards for use when the extent of the natural resources on a site and the use of the regulations would create a major hardship for required natural resource feature protection. Thus, mitigation is intended to be used in lieu of a variance request when severe hardships would result from the strict enforcement of the natural resource protection standards and requirements set forth in this chapter.
(B) Mitigation Standards: The following methods, requirements, standards and/or criteria shall be followed for the mitigation of those natural resource features that may be mitigated under the requirements set forth under division 159-7.201(A), table 159-7.201 of this part.
(1) Woodlands And Forests. The following applies to woodland and forest areas:
(a) Mitigation must include the planting of 1.25 acres of new woodland/forest for every 1 acre, or portion thereof, of disturbed woodland/forest for which mitigation is required.
(b) Mitigation must include the replacement of woodlands/forests that have been disturbed. Mitigation must consist of the planting of new woodland/forest areas, as specified in division (B)(1)(a) of this section, using all of the following numbers of plants per acre of mitigated area.
15 canopy trees, minimum 3.5 inch caliper
25 canopy trees, minimum 2.5 inch caliper1
250 canopy trees, minimum 5 foot high whips
50 understory trees, minimum 5 foot high whips
30 shrubs, minimum 12 inches high
Note:
1. 3.5 inch caliper canopy trees may be substituted with two 2.5 inch caliper canopy trees.
(c) The species of plants to be used in the mitigation of woodlands/forests must be similar to those that are destroyed as follows:
1. In mitigation areas where there are soils located conducive to the planting of species native to northern Illinois xeric forests, a minimum mix of 12 species are to be planted. Acceptable species for northern Illinois xeric forest woodland and forest mitigation are as indicated in table 159-7.203 of this division. No more than 80% of the total number of trees planted for mitigation purposes, however, may be of the white oak, red oak, or black oak (Quercus alba, Quercus borealis, or Quercus veluntina) species.
TABLE 159-7.203
TREE SPECIES FOR WOODLAND AND FOREST MITIGATION
TREE SPECIES FOR WOODLAND AND FOREST MITIGATION
Species Common Name | Species Scientific Name |
Species Common Name | Species Scientific Name |
American basswood | Tilia americana |
Bitternut hickory | Carya cordiformis |
Black cherry | Prunus serotina |
Black oak | Quercus velutina |
Black walnut | Juglans nigra |
Bur oak | Quercus macrocarpa |
Butternut | Juglans cinerea |
Chinquapin oak | Quercus muhlenbergii |
Eastern hop hornbeam | Ostrya virginiana |
Hill's oak | Quercus ellipsoidalis |
Red oak | Quercus borealis |
Shagbark hickory | Carya ovata |
White oak | Quercus alba |
2. In mitigation areas where there are soils located which are not conducive to the planting of species native to northern Illinois xeric forests, alternative native plant species must be planted which are tolerant of the soil types in which the plants are to be placed.
(d) The land on which the mitigation is to take place must be protected with a deed restriction and conservation easement as a permanent natural resource features conservation easement.
(e) No tree cutting or removal, subsequent to the adoption of this chapter, may reduce the woodland/forest natural resource features protection requirements of this chapter.
(2) Lakes And Ponds. Lakes and ponds may be mitigated as may be permitted under the requirements of this chapter subject to conformance with the Lake County watershed development ordinance.
(C) Off Site Mitigation: Off site mitigation may be permitted by the Village Board provided that such off site mitigation occurs within the same subwatershed as the natural resource feature, or property, being mitigated and follows the methods, requirements, standards, and/or criteria set forth under division (B) of this section.
(Ord. 17-2-2065, passed 2-27-2017)