ORDINANCE NO. 2024-O-013
AN ORDINANCE AMENDING THE PUBLIC WAYS AND PROPERTY PROVISIONS FO THE CODE OF ORDINANCES OF VILLAGE OF MOKENA
TITLE 7, CHAPTER 2 7-2 PUBLIC WAYS AND PROPERTY
Recitals
WHEREAS, the Village of Mokena is authorized by the Illinois Municipal Code to create such ordinances as may be necessary for the effective administration of the Village of Mokena and to ensure the public health, safety, and welfare pursuant to 65 ILCS 5/1-2-1and specifically to regulate the planting of trees and shrubs pursuant to 65 ILCS 5/11-72-1; and
WHEREAS, the Village Board has determined that it is necessary for the Village of Mokena to amend the regulations regarding trees and shrubs within the Village Public Ways and on Village Property; and,
WHEREAS, the Village Board has determined that it is in the best interest of the residents of the Village of Mokena to amend Title 7, Chapter 2 of the Village of Mokena Code of Ordinances to promote and support the Village’s Urban Forestry Management Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOKENA, WILL COUNTY, ILLINOIS, as
follows:
SECTION 1: That the foregoing Recitals are, by reference, incorporated herein as if fully set forth.
SECTION 2: That the Village of Mokena Code of Ordinances, 7-2, be amended in its entirety as follows:
This chapter shall be known and may be cited as the VILLAGE TREE ORDINANCE OF THE VILLAGE OF MOKENA.
7-2-1 PURPOSE
A. The purpose of this chapter is to preserve and protect trees on Village-owned property and to state the regulations of the Village of Mokena with respect to the protection, preservation, care and planting of trees on public lands. The Village of Mokena recognizes the services and functions that trees provide as collective assets to the entire community.
B. The Village recognizes that trees are an integral part of the infrastructure of the Village and as such are preserved, protected, and cared for as other critical Village infrastructure. Trees provide the following services and benefits:
a. Trees absorb pollution from the air;
b. Trees absorb and sequester carbon dioxide;
c. Trees absorb and filter pollution from stormwater run-off;
d. Trees produce oxygen;
e. Trees reduce flooding;
f. Trees stabilize soils and reduce erosion;
g. Trees cool the surrounding area helping to reduce impacts due to heat islands;
h. Trees reduce energy consumption by shielding structures from harsh winds and sun;
i. Trees provide a buffer and screen against noise, light and pollution;
j. Trees improve property values;
k. Trees improve commercial district traffic and purchasing;
l. Areas with trees have lower crime rates;
m. Areas with trees have higher levels of community interaction;
n. Trees provide important habitat for birds and other wildlife; and
o. Trees protect and enhance our quality of life.
7-2-2: DEFINITIONS:
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. The word "shall" is mandatory and not merely directory.
DANGEROUS TREE: Any dead or damaged tree that because of its size, condition, and proximity to persons, public sidewalks, public streets, residential structures or the affected property, or proximity to residential structures on adjoining property, may inflict injury or cause harm to persons, property or the health of the general public.
LARGE
E TREES: Those attaining a height of forty five feet (45') or more.
MEDIUM TREES: Those attaining a height of thirty feet (30') to forty five feet (45').
MUNICIPALITY: The village of Mokena, county of Will, state of Illinois.
PARK: Includes all public parks.
PARKWAY: That part of a street or highway, not covered by sidewalk or other paving, lying between the property line and that portion of the street or highway usually used for vehicular traffic.
PERSON: Any person, firm, partnership, association, corporation, company or organization of any kind.
PRINCIPAL THOROUGHFARE: Any street upon which trucks are not permitted.
PROPERTY LINE: The outer edge of a street or highway.
PROPERTY OWNER: The person in title to such property as shown by the county recorder's records of Will County, Illinois.
PUBLIC PLACES: Includes all other grounds owned by the village of Mokena, Will County, Illinois.
PUBLIC TREES: Includes all shade and ornamental trees now or hereafter growing on any street or any public areas where otherwise indicated.
SMALL TREES: Those attaining a height of twenty feet (20') to thirty feet (30').
STREET OR HIGHWAY: The entire width of every public way or right of way when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular and pedestrian traffic.
URBAN FOREST MANAGEMENT PLAN: A detailed plan developed by the Village under the direction of a certified arborist or forester which protects this valuable infrastructure and outlines thoughtful strategies for tree planting, selection, care and preservation for the Village and complies with recognized national standards.
7-2-3: VILLAGE ARBORIST/ FORESTER:
A. Appointment And Qualifications: Upon satisfactory completion of a six (6) month probationary period, that person shall hold office as long as he or she satisfactorily performs the duties of his or her office. Preferably, that person will be a Certified Arborist according to the International Society of Arboriculture and/or skilled and trained in the arts and sciences of municipal arboriculture, and should preferably hold a college degree or its equivalent in arboriculture, ornamental or landscape horticulture, urban forestry or other closely related field.
B. Salary: The village Arborist/ Forester shall receive a salary and fees as established by the village board of trustees. The village shall reserve the right to assess any person to the full amount of the services provided by the village forester.
C. Duties: The village Arborist/ Forester shall have the authority to promulgate the rules and regulations of the arboricultural specifications and standards of practice governing the planting, maintenance, removal, fertilization, pruning and bracing of trees on the streets or other public sites in the village, and shall direct, regulate and control the planting, maintenance and removal of all trees growing now or hereafter in any public area of the village. The qualified and skilled individual shall cause the provisions of this chapter to be enforced as the controlling authority. In his absence, these duties shall be the responsibility of a qualified designee.
1. Planting And Maintenance: The village Arborist/ Forester shall have the authority and jurisdiction of regulating the planting, maintenance, and removal of trees on streets and other publicly owned property to ensure safety or preserve the aesthetics of such public sites.
2. Supervision: The village Arborist/ Forester shall have the authority and it shall be his duty to supervise or inspect all work done under a permit issued in accordance with the terms of this chapter.
3. Condition Of Permit: The village Arborist/ Forester shall have the authority to affix reasonable conditions to the granting of a permit in accordance with the terms of this chapter.
4. Urban Forestry Management Plan: The Village Arborist/ Forester shall have the authority to formulate and keep up to date a Urban Forestry Management Plan. The Urban Forestry Management Plan shall specify approved and unapproved species, goals, current status and planned status of the Urban Forest, climate change mitigation measures, and other such tasks as deemed necessary by the Village Arborist, Urban Forestry Advisory Panel, or other such controlling authority. From and after the effective date of the Urban Forestry Management Plan, or any amendment thereof, all arboricultural activities should conform thereto, with exceptions being allowed or disallowed at the controlling authority.
a. The Village Arborist/ Forester shall consider all relevant existing and future utility and environmental factors when recommending a specific species for each of the streets and other public sites of the village.
b. The village Arborist/ Forester shall have the authority to amend or add to the master street tree plan at any time that circumstances make it advisable.
7-2-4: PERMITS REQUIRED:
A. Planting, Maintenance Or Removal:
1. Permit Required: No person shall plant, remove, cut aboveground or otherwise disturb any tree on any street or village owned property. The village Arborist/ Forester will then determine if procuring a EZ permit is required from the village Arborist/ Forester or otherwise specified municipal authority. The person receiving the EZ permit shall abide by the Urban Forest Management Plan
and standards of practice adopted by the village Arborist/ Forester.
2. Advance Application Required: Application for EZ permits must be made at the office of the village clerk not less than forty eight (48) hours in advance of the time the work is to be done.
3. Standards Of Issuance: The village Arborist/ Forester shall issue the EZ permit provided for herein if, in his judgment, the proposed work is desirable, and the proposed method and workmanship thereof are of a satisfactory nature. Any permit granted shall contain a definite date of expiration and the work shall be completed in the time allowed on the permit and in the manner as therein described. Any permit shall be void if its terms are violated.
4. Notice Of Completion: Notice of completion shall be given within five (5) days to the village Arborist/ Forester for his inspection.
B. Planting:
1. EZ Permit Data: The EZ Permit required herein shall state the number of trees to be set out; the location, grade, species, cultivar or variety of each tree; the method of planting; and such other information as the village Arborist/ Forester shall find reasonably necessary to a fair determination of whether a permit should be issued.
2. Improper Planting: Whenever any tree shall be planted or set out in conflict with the provisions of this section, it shall be lawful for the village Arborist/ Forester to remove or cause removal of the same, and the exact cost thereof shall be assessed to the owner as provided by law in the case of special assessments.
C. Removal, Replanting And Replacement:
1. Wherever it is necessary to remove a tree or trees from a parkway in connection with the paving of a sidewalk, or the paving or widening of the portion of a street or highway used for vehicular traffic, the municipality shall replant such trees or replace them. In addition, the Village will also begin the process of planting trees in open plantable sites which never had a tree before. These efforts, per our Urban Forestry Management Plan, will result in an anticipated replacement ratio of over 1.5 trees planted for every tree removed, so long as suitable space exists to plant trees.
2. No person or property owner shall remove a tree from the parkway or other such public space for the purpose of construction, or for any other reason without first filing procuring an EZ permit from the Village Arborist/ Forester, and without replacing the removed tree or trees in accordance with the adopted arboricultural specifications. Such replacement shall meet the standards of size, species and placement as provided for in a permit issued by the village Arborist/ Forester. The person or property owner shall bear the cost of removal and replacement of all trees removed.
7-2-5: PRUNING TREES:
Resident may be allowed to hire an approved contractor who will follow all relevant ANSI A300 and Z133.1 standards but must notify the Village Hall before the 2-week notification expires. The Village and its approved Arborist contractors are the sole provider of pruning and removal services on publicly owned trees without such prior written approval.
A. Pruning of Publicly Owned Right of Way trees shall be performed for the following reasons: street clearance, lamp and signage clearance, sidewalk clearance, thinning of the canopy as needed, removal of dead limbs, mitigating branch conflicts, establishing good branch structure, and mitigating pest and disease issues, and others as noted by the Director of Public Works and/or the Village Arborist/Forester.
B. Pruning shall be done according to a cyclical schedule, ensuring every tree is pruned every 6 to 7 years, or as needed as determined by the Village Arborist/Forester or Director of Public Works.
C. Pruning by contractors or in house staff shall conform to all relevant ANSI A300 and Z133.1 standards, and shall avoid header cuts, topping, lion tailing, pruning more than 20% of a crown in a single calendar year, and other poor management processes as spelled out in the Request for Proposals created by the Director of Public Works and/or the Village Arborist/Forester. Variances to this ordinance may be allowed by either the Village Arborist/Forester of Director of Public Works.
D. Pruning shall be performed to maintain a clearance height of 10’ over sidewalks and streets where truck traffic is not allowed, subject to the current height and condition of the tree such that appropriate branch structure and overall health may prevent such pruning on younger, smaller trees. Where truck traffic is allowed, the street clearance height shall be 12’ subject to current height and condition of the tree as well.
E. A notification, by placing a door tag, to impacted residents notifying them of proactive pruning activities no less than two weeks (14 days) before such pruning is to take place to provide ample time for residents to plan for the work to be done near their homes.
7-2-6: PROTECTION OF TREES DURING CONSTRUCTION:
All trees on any street or other publicly owned property near any excavation or construction of any building, structure or street work shall be guarded with a good substantial fence, frame or box not less than four feet (4') high and eight feet (8') square, or at a distance in feet from the tree equal to the diameter of the trunk in inches diameter breast height, whichever is greater, and all building materials, dirt or other debris shall be kept outside the barrier. No person, except franchised public utilities, shall excavate any ditches, tunnels, trenches or lay any drive within the Critical Root Zone of the tree (defined as a minimum of 12x, and preferred 16x the Diameter of the tree, measured in inches) from any public tree without first obtaining a written permit from the village Arborist/ Forester
7-2-7: TREE PLANTING AND MAINTENANCE SPECIFICATIONS
The Village recognizes that trees planted and maintained correctly have a higher chance of establishing and providing benefits to the residents of Mokena.
A. All trees planted on Village owned property shall be planted in accordance with standards of the American National Standards Institute for planting (ANSI A300).
B. Any tree planted on Village owned property shall be a species on the Approved Species list located in the Urban Forest Management Plan. All trees to be planted on Village owned property shall be from certified nurseries in compliance with national nursery stock standards (ANSI Z60.1).
C. No tree species on the Prohibited Species List shall be planted on Village owned property. The Prohibited Species list shall be in the Urban Forest Management Plan.
D. Trees pruned and maintained by the Village shall be maintained in accordance with the American National Standards Institute standards for pruning and maintenance (ANSI A300).
E. No tree shall be planted closer than twenty- five (25) feet of any street corner, measured from the point of nearest intersection curbs or curb lines. No tree shall be planted closer than ten (10) feet of any fireplug.
F. No tree other small trees may be planted under or within ten (10) lateral feet of any overhead utility wire, or endangers any underground water line, sewer line, transmission line or other utility.
G. The Village of Mokena shall require that any Contractor working for the Village who may interact or have impact on the Village public property trees utilize a certified arborist for all work pertaining to trees, including but not limited to removal, pruning and planting activities. It is required that any contractor working for the Village on public trees be insured according to requirements determined by the Village manager. It is recommended that private landowners utilize a certified arborist for all work pertaining to trees, including but not limited to removal, pruning and planting activities.
7-2-8: PROHIBITED ACTS OR CONDITIONS:
A. Abuse Or Mutilation Of Public Trees: Unless specifically authorized by the village Arborist/ Forester, no person shall intentionally damage, cut, carve, transport or remove any tree; attach any rope, wire, nails, advertising posters, or other contrivance to any tree, allow any gaseous liquid or solid substance which is harmful to such trees to come in contact with them; or set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any tree.
B. Interference With Village Arborist/ Forester: No person shall hinder, prevent, delay or interfere with the village Arborist/ Forester or any of his assistants while engaged in carrying out the execution or enforcement of this chapter; provided however, that nothing herein shall be construed as an attempt to prohibit the pursuit of any remedy, legal or equitable, in any court of competent jurisdiction for the protection of property rights by the owner of any property within the village.
C. Placing Materials On Public Property: No person shall deposit, place, store or maintain upon any public place of the village any stone, brick, sand, concrete or other materials which may impede the free passage of water, air and fertilizer to the roots of any tree growing therein, except by written permit of the village Arborist/ Forester.
The Village of Mokena hereby establishes An Urban Forestry Advisory Panel (UFAP) which shall be a recommending body to provide assistance, direction and expertise to the Village regarding the preservation, planting, management and protection of trees. The Urban Forestry Advisory Panel shall utilize the urban forest management plan for guidance on urban forestry issues.
C. Membership
1. The Urban Forestry Advisory Panel shall consist of an uneven number of 7 members: 6 internal staff members, and 1 representative from the forestry field, appointed by the Director of Public Works. It is recommended that forester have expertise in horticulture, forestry, planning, or related fields be sought as members of the Urban Forestry Advisory Panel. At least one member of the Urban Forestry Advisory Panel (staff or resident) shall be a certified arborist. The Director of Public Works shall designate one of the members to act as chairman of the UFAP. A few members of the Urban Forestry Advisory Panel shall be property owners of the Village of Mokena, unless no certified arborist is a property owner within the Village of Mokena.
2. If a vacancy shall occur in the full membership, the Director of Public Works shall appoint a new member within 60 days of vacancy. Vacancies in membership shall be filled in the same manner as original appointments.
C. Procedures
1. The Urban Forestry Advisory Panel (UFAP) shall meet and adopt, discuss changes or alterations, rules and regulations of organization and procedure consistent with Village of Mokena ordinances and Illinois State laws. The UFAP shall keep written records of its meetings. The Urban Forestry Advisory Panel shall review last 12 months activities during the budgeting process to the Village of Mokena Board setting forth its recommendations for future action and budget approval by the Village of Mokena.
D. Powers and Duties
The Urban Forestry Advisory Panel shall have the following powers and duties subject to the approval of the Mokena Board:
1. To provide guidance on the preservation, care, management and protection of trees within the Village of Mokena in accordance with the Urban Forest Management Plan.
2. To prepare and recommend to the Village of Mokena Board from time-to-time recommendations for specific improvements of the preservation, care, management and protection of trees within the Village of Mokena.
3. To recommend rules and regulations to the Village of Mokena Board for budget, plans, projects and schedules regarding the preservation, care, management and protection of trees within the Village of Mokena.
4. To review the Village of Mokena Urban Forest Management Plan and provide recommendations for improvements to the Village of Mokena Board.
5. To work collaboratively with Village of Mokena forestry staff to support the Village of Mokena ordinances and Urban Forest Management Plan.
6. The UFAP shall hear any requests for appeal to this Code and make recommendations to be forwarded to the Village of Mokena for a final decision.
E. Salaries and Employees
The UFAP may, with the review and approval of the Village of Mokena Board, employ necessary help whose salaries, wages and other necessary expenses shall be established by the Village of Mokena Board and provided for by adequate appropriation made by the Village of Mokena Board from the public funds. Staff and resource needs should be included in the Urban Forestry Management Plan.
7-2-10 APPEALS
A decision or written notice of the village arborist, utilities commissioner or designee under this chapter may be appealed to the Director of Public Works. An appeal must be submitted in writing, shall set forth the decision and reason for the appeal and filed within ten (20) business days after the date of the decision or written notice. The decision of the Urban Forestry Advisory Panel may affirm, modify, or reverse a decision or written notice. The decision of the Urban Forestry Advisory Panel shall be in writing and final. Nothing in this section shall be construed to limit the jurisdiction of any administrative adjudication hearing or court of law with respect to any violation of this chapter.
7-2-11: VIOLATION AND PENALTY:
Any entity or person who injures a public tree or trees shall be held responsible for the cost of the repairs, such as pruning or cabling, if the injured tree will not die as a result of such injuries. In cases where the tree has been damaged beyond repair and cannot remain in the public right-of-way because it is determined by the Village Arborist/ Forester to be a "dangerous tree" as defined in the Definitions Section of this chapter, the entity or person responsible for the damage shall also pay the full cost the Village incurs to remove and replace the tree, as well as provide for aftercare. We have determined this cost to be $150 per diameter inch measured at 4.5 feet above the base of the impacted tree. If the damage does not result in the death of the tree, the Village Arborist/Forester may determine the percentage of the tree impacted.
Any person violating or failing to comply with any of the provisions of this chapter shall be guilty of a class C misdemeanor, and upon conviction thereof shall be fined a sum equal to $150 per tree impacted.
SECTION 3: That this Ordinance shall be in full force and effect thirty days after publication and approval as provided by law.
PASSED this 22nd day of April, 2024, by the Board of Trustees of the Village of Mokena, Will County, Illinois.
Ayes: 6
Nays: 0
Absent: 0
APPROVED this 22nd day of April, 2024.
Village President
ATTEST:
Village Clerk