(a) Purpose. The purpose of this section is to establish regulations that respect the rights of property owners while prohibiting the clear cutting of trees before construction, conserving existing trees, limiting the unnecessary removal of trees, and ensuring the replacement of trees on sites where construction is proposed; thereby sustaining the unique pastoral setting and rural splendor of the Village and its ecological, physical, historical, and aesthetic natural environment.
(b) Goals.
(1) Conserve trees because they are an important natural public resource which enhances the quality of life and general health, safety, and welfare of the entire community.
(2) Conserve the essential character of those areas throughout the Village that are heavily wooded, and in a more natural state, with plant material indigenous to the region.
(3) Stabilize valuable top soil by minimizing soil erosion and sedimentation.
(4) Reduce storm water run-off, and the costs associated therewith, and replenish the ground water supplies.
(5) Protect the important link in the hydrological cycle that trees provide through the transpiration of water and neutralization of wastes that pass through to the groundwater table and other aquifers.
(6) Reduce air pollution by absorbing carbon dioxide, generating oxygen, and trapping dust and other airborne pollutants.
(7) Reduce noise and light pollution within the Village through the baffle and barrier effect of trees.
(8) Prevent and restore, to the greatest extent possible, the denuded soil around trees that would otherwise result from construction and grading work accompanying development.
(9) Reduce energy consumption by shading buildings in the summer and blocking wind in the winter.
(10) Eliminate trees that constitute a threat, danger, or nuisance to the public or to property in the Village, or that may be dangerous to the health of other trees, vegetation, and/or wildlife.
(11) Provide a haven and nesting areas for birds, insects, and other forms of wildlife that are essential to the food chain and that help control and eliminate disease-carrying mosquitoes.
(12) Provide a landscape buffer between properties for privacy.
(13) Promote the psychological and emotional benefits of trees.
(14) Provide moderation of temperatures with trees.
(15) Protect and increase property values with trees.
(16) Enhance the Village reputation as a unique natural environment with large wooded lots.
(c) Objectives.
(1) Be a source of expert advice on tree conservation.
(2) Acknowledge the stewardship role that the property owners and the Village have in safeguarding the tree environment.
(3) Consider the impact on trees when planning landscaping, construction, regrading, demolition, subdivision, and other changes to private property.
(4) Limit the unnecessary and premature clearing of trees from a proposed private development site.
(5) Protect trees from damage during construction and provide a nurturing environment for healthy trees.
(6) Encourage the replacement of trees so there is no net loss of tree cover due to construction, and a long range increase of tree cover in the community.
(7) Integrate the requirements for tree conservation on construction sites with the Tree City Program and other programs, regulations, and guidelines of the Village.
(d) Definitions.
(1) Certified arborist. An arborist certified by the International Society of Arboriculture and trained in the science of caring for trees.
(2) Diameter at breast height. A measurement of the size of a tree. The width of a trunk of a deciduous tree measured at a point four and a half feet above ground surface.
(3) Cumulative diameter at breast height. Sum of diameter at breast height of all trees in a group.
For example: four trees, with each having a five inch diameter at breast height, have cumulative diameter at breast height of twenty inches.
(4) Critical root zone. Area where most roots of a tree are located at maturity. Area to be protected for the continued health and ultimate growth of a tree.
(5) Protection methods. Various ways to protect a tree from damage during construction, including but not limited to, fencing.
(6) Treatment methods. Various ways to treat trees that are stressed, damaged, or may become so during construction and after planting, including but not limited to, injections and pruning.
(e) Administration.
(1) Authority. The Building Department shall administer the provisions of this section. The Building Department may call upon the Village Arborist or another certified arborist to advise on various matters, including but not limited to, plan review, design criteria, protection methods, treatment methods, and inspection.
(2) Tree permits. Removal of trees on private property in conjunction with construction, demolition, or site development excavation and grading shall be subject to first obtaining a tree permit from the Village, except for nuisance trees as defined in Section 1028.06 of the Village Code, and except for trees with a diameter at breast height of three inches or smaller for deciduous trees and smaller than six feet in height for conifer trees.
The property owner shall be responsible for completing a Village tree permit application and preparing a tree plan pursuant to subsection (f) below.
(3) Inspections. The Village will have authorized personnel visit the site to inspect for compliance with the provisions of this section and the tree permit.
(4) Fees.
A. The tree permit fee for sites less than one acre shall be sixty dollars ($60.00).
B. The tree permit fee for sites one acre and larger shall be prorated at sixty dollars ($60.00) per acre.
C. The inspection fee shall be sixty dollars ($60.00) per inspection.
D. If the Village has a certified arborist other than the Village Arborist consulting on the tree permit and project, then the arborist fee will be paid by the Village and the property owner shall reimburse the Village for the arborist fee plus a ten percent (10%) Village administrative fee. (See Village Code Chapter 208.)
(5) Remedies.
A. Trees injured during construction shall be treated per the tree health standards of this section or replaced by the property owner per the replacement standards of this section as determined by the Building Department.
B. Removal of trees, and related activities, that are regulated by this section, that is/are commenced without a tree permit or in violation of a tree permit shall constitute a violation of this section. The property owner, or the property owner's contractor, shall stop all such removal and activities immediately when so informed by the Building Department, and shall apply for a tree permit as soon as possible thereafter. Fees for such tree permit shall be double the regular fees.
C. Other violations of the provisions of this section, such as the disturbance of areas outside the approved disturbance area or removal of protection fences, may, in addition to a fine as set forth below, result in the Building Department determining an appropriate remedy based on the situation, and the feasibility of repair, restoration, replacement, treatment, or other mitigation.
D. Violations of this section shall be subject to stop work orders, fines, citations, and other code enforcement authority of the Village. Fine amounts shall be up to seven hundred fifty dollars ($750.00) per violation per day; with each day said violation exists constituting a separate and distinct offense.
(6) Appeals. Property owners who wish to appeal the decision of the Building Department, will be heard by the Village
Manager
, who may confirm, reverse, or modify the decision, depending on whether the Village
Manager
finds there is an inconsistent administration of Village requirements, or there is a unique situation on the site that causes an extreme hardship or detriment if the Village requirements are followed, provided the purpose, goals, objectives, and intent of the Village Code can still be achieved.
(f) Tree Plan.
(1) Contents. The tree plan shall include all the data and information needed to determine compliance with this section. Typically, the tree plan shall be shown on the same drawing along with the grading plan, soil erosion control plan, and construction conduct plan; however, the tree plan may be shown on a separate drawing, if need be, for graphic legibility. For sites over two acres, or where ten or more trees are proposed to be removed, the tree plan must be prepared by a certified arborist.
(See Appendix 1460-C for a Typical Tree Plan.)
The tree plan shall include the following.
A. An accurate plat of survey showing the location of:
1. Existing trees on the construction site;
2. Existing trees on the parkway adjacent to the construction site;
3. Existing trees on neighboring lots that have their critical root zone partially on the construction site;
4. Existing trees to be removed; and
5. New trees to be planted.
(See Village Code Section 1248.03: Street Trees; Chapter 1461: Commercial Trees and Landscaping; Chapters 1270 and 1274 Planned Unit Developments; Chapter 1286 Screening; Chapter 1028 Village-Owned Property.)
B. Data on species, size, critical root zones, and health condition of existing and proposed trees.
C. Specifications and notes on the protection methods and treatment methods, if any.
D. Calculation of the tree bank fee, if any.
E. Additional information as may be requested by the Village, as needed, for sites with special circumstances, in order to show special solutions or otherwise comply with the purpose and intent of this section. The Building Department, Village Arborist, or an advising certified arborist will assist in identifying such information, if needed.
(2) Design Criteria. The following criteria shall be used to prepare the tree plan and to review, modify, and approve tree permits:
A. Tree health. Trees in good health that are expected to survive to maturity without treatment are to be saved if possible, except for removed trees. Trees in moderate health that are expected to survive to maturity with appropriate treatment are to be treated, except for removed trees. Appropriate treatment methods are to be recommended by the Village Arborist or a certified arborist and approved by the Building Department.
(See Appendix 1460-D for Tree Health Ratings.)
B. Construction Plan adjustment. Design plans for regrading, demolition, construction, and landscaping shall be adjusted, if feasible, to save as many trees as possible.
C. Removed trees. Certain trees must be removed prior to construction as specified on the tree permit, including:
1. Trees in an approved disturbance area, which is defined as the area for construction of permanent improvements and necessary temporary access to the construction.
(See Section 1460.01 and Appendix 1460-A for Disturbance Area.)
2. Trees in poor health.
(See Appendix 1460-D for Tree Health Ratings.)
3. Nuisance trees.
(See Village Code Section 1028.06.)
4. Trees that are crowding a specimen tree, including trees that are so close that they are detracting from the health of the specimen tree as determined by a certified arborist.
(See Appendix 1460-F for Specimen Trees.)
5. Other trees approved for removal by the Building Department.
D. Replacement trees. Removed trees in an approved disturbance area with a diameter at breast height of three inches or less for a deciduous tree or six feet in height or less for a conifer tree are not required to be replaced. Other removed trees shall be replaced and conform with the following:
1. Species of replacement trees shall be compatible with common or native species. A diversity of species is encouraged. Prohibited species are not to be selected.
(See Appendix 1460-E for Prohibited Trees.)
2. Each replacement tree shall have a minimum diameter at breast height, at the time of planting, of two inches for oak, hickory, and ginkgo trees, two and one half inches for other deciduous trees, and be a minimum of four feet tall for conifer trees. Larger sizes are encouraged.
3. The replacement trees shall have a cumulative diameter at breast height for deciduous trees and the cumulative height of conifer trees the same as, or greater than, that of the removed trees.
(For example: three Hickory trees are to be removed for a home expansion in the rear yard, with the trees having diameter at breast height of ten, twelve, and fourteen inches, which is a cumulative diameter at breast height of thirty-six inches. The tree plan shows the trees the owner will plant in the remaining space available on the lot. There is room for six new trees and the owner proposes to plant three Linden and three Sycamore trees in the side yards, each with a diameter at breast height of three inches. These six replacement trees have a cumulative diameter at breast height of eighteen inches. The tree plan shows a calculation for the remaining replacement trees that would otherwise be required, which would be eighteen inches of cumulative diameter at breast height and their cost equivalent. This is the tree bank fee as referenced below.)
3. Tree planting locations for replacement trees shall be selected to achieve the benefits of shade, buffering, stabilization, and the other goals of this section. (If locations in the Village parkway are desired, then compliance with the requirements of Chapter 1028 will be required.) Locations with no obstructions to root growth in the critical root zones are encouraged. Locations within ten feet of underground utilities, fire hydrants, utility poles, drainage swales, or other trees are prohibited.
4. Replacement trees that are planted that have fifty percent (50%) or more deadwood within one year of planting, shall be replaced.
E. Protection methods. The tree plan shall include various protection methods appropriate to the existing conditions and proposed tree plan, as set forth below:
1. Protection fence. The tree protection fence is intended to keep away activities that would be hazardous to the health of the tree, such as driving over the roots or otherwise compacting soil, breaking branches, scraping bark, dumping toxic materials or allowing them to flow into the critical root zones, nailing to the trunk, trenching, cutting roots, burning, and spraying that would be toxic to the tree. All trees to be saved shall be protected by a fence, wall, or an alternative method approved by the Building Department. Said fence shall be six feet high chain link with posts driven into the ground at least three feet deep and placed eight to ten feet apart or an alternative approved by the Building Department.
Typically, the tree protection fence will be around the critical root zones. The critical root zones, as measured from the trunk of deciduous trees, for large trees is forty feet, for medium trees is thirty feet, for small trees is twenty feet, and for conifer trees is ten feet. The required disturbance area fence may suffice for part or the entire required tree protection fence. The tree protection fence may be placed to cover up to ten percent (10%) of the critical root zones if it would otherwise unavoidably block construction access. Alternative fence locations may be recommended by a certified arborist and approved by the Building Department.
The tree protection fence shall be installed before construction starts and shall be removed after construction is complete following approval by the Village inspector.
(See Section 1460.01 for disturbance area fence; Appendix 1460-A for Typical Construction Conduct Plan; Appendix 1460-C for Typical Tree Plan; and Appendix 1460-F for Large, Medium and Small Trees.)
2. Warning signs. Signs are required to be posted by the property owner or contractor that read 'HELP PROTECT THESE TREES - STAY OUT OF FENCED AREA' or alternative approved by the Building Department. The size, lettering, and location of signs shall be determined by the Building Department.
3. Tree wells. Grading plans shall be designed to maintain the existing drainage and grade of the critical root zones around the trees to be protected wherever feasible. Where a change of grade is necessary, then a tree well or retaining wall around the critical root zones shall be required.
4. Auguring. The new installation of underground utilities using the auguring method to minimize disturbance to the roots of a tree to be saved shall be required if the Building Department determines, with the advice of an arborist, that auguring is necessary to save the tree from failure.
5. Silt fence. Silt fences otherwise required for erosion control are typically to be placed around and not through the critical root zones of trees to be saved because the trench needed to install the silt fence would otherwise cut through the tree roots and damage the tree.
F. Other. The Village Arborist may recommend and the Building Department may require additional design criteria depending on special circumstances on site.
(3) Tree bank fee. For those sites where replacement trees cannot feasibly be planted on the same lot or nearby parkway, the property owner shall pay a tree bank fee in lieu of planting a replacement tree. The tree plan shall include a calculation of the tree bank fee, which shall be the average cost to purchase the tree at retail from a local nursery as determined by the Village, or from the supplier contracted with the Village, and transplant, water, fertilize, and spray for pests for one year, plus twenty percent (20%) for an average failure rate. The Village may estimate the average for such costs. The tree bank fee is to be paid by the property owner to the Village when the tree permit is issued. The Village shall use the tree bank fees to plant and maintain trees elsewhere in the Village on public parkways or other public property and to promote tree conservation.
(For example, a homeowner who is building an addition does not have room on his lot to plant the required replacement oak trees with a cumulative diameter at breast height of six inches. The local nursery is selling two inch diameter at breast height oak trees for two hundred and twenty-five dollars ($225.00) each including transplanting. The Village determines the average cost to water and apply fertilizer and insecticide for one year is fifty dollars ($50.00) per tree. The tree bank fee is (3 x 225 + 3 x 50 =) eight hundred and twenty-five dollars ($825.00).
(4) Payment of Tree Bank Fee Over Time. Notwithstanding Subsection (f)(3) above, in the event that the tree bank fee exceeds twenty thousand dollars ($20,000), the property owner may petition the Village for approval of the payment of the tree bank fee over a period of time, as opposed to paying the entire tree bank fee at the time of the issuance of the tree permit by the Village (hereinafter the “Tree Bank Payment Plan”). Upon a showing of good cause by the property owner, as to why the tree bank fee cannot be paid in its entirety at the time of the issuance of the tree permit, the Village Council may approve a Tree Bank Payment Plan pursuant to an ordinance to be approved by the Village Council. Any such Tree Bank Payment Plan Ordinance shall contain the following provisions:
A. No less than fifty percent (50%) of the tree bank fee shall be paid at the time of the issuance of the tree permit;
B. The portion of the tree bank fee that is not paid upon issuance of the tree permit shall be paid over a defined period of time, in installments as set forth in the ordinance, with the tree bank fee to be paid in full prior to the issuance of a certificate of occupancy by the Village relative to the improvement to the property, or any building or structure located thereon, that necessitated the payment of the tree bank fee by the property owner, or the issuance of any other certificate of occupancy that may be required from the Village relative to the property in question;
C. The building permit that relates to the improvement to the property, or any building or structure located thereon, that necessitated the payment of a tree bank fee, shall be conditioned upon the payment, in full, of the tree bank fee, prior to the issuance of a certificate of occupancy by the Village relative to said improvement to the property, or any building or structure located thereon, that necessitate the payment of the tree bank fee, or the issuance of any other certificate of occupancy that may be required from the Village relative to the property in question;
D. An acceptance by the property owner of the terms and conditions of the ordinance, with the property owner executing said provision within the ordinance; and
E. The recording of the ordinance, against title to the property in question, at the property owner’s sole cost and expense.
(Ord. 2002-03. Passed 2-25-02; Ord. 2004-03. Passed 1-26-04; Ord. 2011-01. Passed 1-10-11; Ord. 2020-14. Passed 6-8-20.)