§ 98.03 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
   APPLICANT. An owner of a lot, parcel, or tract of land for which an application has been filed for a permit, subdivision, or any activity requiring the issuance of a permit. A contractor is an agent, acting on behalf of the applicant - the landowner.
   ARBORIST. Any individual experienced in the profession of forestry or a related field and is licensed or certified in forestry by an accredited forestry industry body, e.g., International Society of Arboriculture.
   BUCKTHORN. An undesirable exotic invasive ornamental shrub introduced to North America. This species inhabits woodlands and savannas where it dominates the landscape prohibiting the development of native trees and plants. There are six species of buckthorn listed in the Illinois Exotic Weed Act, which prohibits the sale, distribution, or planting of this species, Rhamnus cathartica, davurica, frangula, argula, utilis, and japonica.
   BUILDING ACTIVITY AREA. The portion of a property within which development activity, including grading, excavation, storage of materials, construction access and construction of both main buildings and unattached structures.
   CANOPY. The upper portion of a tree is sometimes called the crown. This section of the tree usually contains branches and leaves.
   CONSERVANCY OR PRESERVATION AREA (EASEMENT). An area under legal restriction within which the following requirements are enforced:
      (1)   All existing vegetation shall be preserved for the purpose of retaining the natural character or special environmental state or control;
      (2)   Any area with a special designation providing screening from adjacent uses or a public or private street;
      (3)   No plant material shall be removed from or planted in a conservancy or preservation area without a permit from the village authorizing removal or planting;
      (4)   Conservancy or preservation areas may be established as part of the subdivision process or through the issuance of a special use permit;
      (5)   No undesignated structures, including fencing shall be located in a conservancy or preservation area;
      (6)   Other restrictions as defined on the plat; and
      (7)   In all instances the approved language on the plat shall prevail.
   CRITICAL ROOT ZONE. An area on the ground extending out from the trunk of the tree in all directions a distance of at least one foot for every inch DBH.
   CUTTING. Felling or removal of a tree, or any procedure that results in the death or substantial destruction of a tree. Cutting does not include normal pruning or trimming of trees consistent with good forestry practices.
   DAMAGE. Impact or loss of function to any tree including but not limited to: removal, root compaction, root removal, girdling, soil contamination, topping, pruning more than 20% of the trees, canopy removal, bark removal, poisoning and/or actions resulting in the decline or death of a tree.
   DECIDUOUS TREE. A deciduous tree is one that loses most or all its leaves for part of the year.
   DEVELOPMENT. Any proposed change in the use or character of land, including, but not limited to the replacement of any structure or site improvements, e.g., irrigation installation, driveway replacement, installation of a retaining wall among others. When appropriate to the context, development may refer to the receipt or necessity of any building, tree, or site work permit. (See the Landscape Ordinance for more information.)
   DIAMETER AT BREAST HEIGHT. The diameter of the trunk of the tree measured in inches at a point four and one-half feet above the ground line. This forestry standard measurement is used for established and mature trees and is referred to as "DBH". All reference to diameter size shall be to the DBH.
   ENVIRONMENTAL PROFESSIONAL. A degreed environmental scientist, biologist, botanist, forester, other similarly degreed and/or licensed plant professional with at least five years' experience in planting and maintaining native plants and their associated natural ecosystems.
   EVERGREEN TREE. A tree that retains most of its leaves for most of the year.
   FOREST MANAGEMENT PLAN. A detailed plan developed and approved 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.
   FORESTER. An individual trained and experienced in the profession of forestry who has a forestry degree from an institution of advanced education.
   HAZARDOUS TREE. Any tree is deemed a public hazard by the village's Public Works Manager. The hazardous tree may present possible or potential physical damage to person or property or biological danger to adjacent trees through transmittable disease or insect infestation.
   INFRASTRUCTURE. The basic underlying framework or features that provide collective services, including but not limited to roads, waterlines, stormsewers, bioswales, and trees.
   INVASIVE SPECIES. An introduced or exotic species that significantly modifies or disrupts the ecosystem in which it colonizes (e.g., buckthorn ).
   LANDSCAPE CONTRACTOR. A company or individual contracted to perform landscape services.
   LANDSCAPE PLAN. A plan approved by the village defining the location and species of plants and associated hardscape including grading.
   LANDSCAPE MANAGEMENT PLAN. A plan approved by the village outlining the strategies for care and management of a specific type of landscape.
   LANDSCAPING PROFESSIONAL. A registered landscape architect, horticulturalist or other similarly degreed, experienced and/or licensed plant professional.
   LARGE TREE. Those trees that attain a mature height of 45 feet or more.
   LEGACY TREE. A tree identified on the legacy tree list and which has been recorded as such by the village. Legacy trees are provided with special protection as outlined in the Legacy Tree Program.
   LOW-GROWING TREE (SMALL TREES). Those trees that attain a mature height of 25 feet or less.
   NATURAL AMENITY. A landscape and preservation plan intended as a substitute for the replacement requirements of this chapter.
   NUISANCE TREES. Trees that may impact other trees, people or structures. This would include, but not be limited to, diseased, infested, structurally unsound trees or known invasive species.
   PARCEL. A single parcel shall mean any lot of record, zoning lot or any grouping of adjacent lots under single ownership, serving a principal structure or use.
   PARKWAY. That part of a street right-of-way not covered by sidewalk, curb, gutter or pavement lying between the property line and that portion of the street used for vehicular traffic.
   PREFERRED TREE LIST. A listing of tree species, located in the Village Urban Forest Management Plan.
   PRIVATE TREE. Any tree located on private property.
   PROPERTY OWNER. An individual or organization who owns property located within the corporate limits of the village.
   PUBLIC ENTITY. When used in this chapter PUBLIC ENTITY or the village means the Village of Peotone.
   PUBLIC HAZARD. A tree that is unsafe due to a structural defect and constitutes a threat of injury to persons or damage to property.
   PUBLIC NUISANCE. Any tree or shrub which, by reason of its condition, interferes with the use of any public place; is infected with an injurious plant disease; is infested with an injurious insect or other pest; is detrimental to the construction of public improvements; or endangers the life, health, safety or welfare of the public or its property.
   REAR YARD. Rear yard as used in this section, shall have the same meaning as ascribed to in the Zoning Code.
   REGULATED ARTICLES. Any insects at any living stage of development, any quarantined materials such as wood products including, but not limited to chips, limbs, lumber, firewood, contaminated soils, or any other product or means of conveyance which may be determined by federal or state departments of agriculture to pose a risk of spread of any infestation or infection.
   SIGNIFICANT TREE REMOVAL. Removal of a legacy tree or grouping/stand of trees.
   SIMPLE TREE REMOVAL. Removal of a tree without other associated site impacts or other site improvements.
   SITE. That parcels of land for which a permit for landscaping or tree removal is sought.
   STREET TREES. Trees, shrubs, bushes and all other vegetation on land lying between property lines on either side of all streets, alleys or ways within the village and on any other land owned or controlled by the village.
   TRANSPLANTING. The removal of any tree for replanting elsewhere.
   TREE. Any self-supporting woody plant, together with its root system, trunk and canopy; growing upon the earth usually with one trunk, or a multi-stemmed trunk system, supporting a definitely formed crown.
   TREE BANK. A bank account was established to receive and hold deposits for trees which were damaged and/or removed. These funds, if not returned to the applicant, may be used to purchase, and care for trees throughout the village.
   TREE PERMIT. A written authorization from the village authorizing the applicant to conduct work which may or may not impact a tree.
   TREE PRESERVATION PLAN. A document required by a permit which identifies, by common name and/or scientific name, certain species of trees of a specified DBH within a particular area. The plan shall list all existing and proposed trees and shall specifically state how each tree is proposed to be destroyed, relocated, replaced, preserved at its present location, introduced into the site from an off-site source, and whether the tree is to receive remediated actions due to construction impacts, e.g. root pruning. The village may provide that the tree preservation plan excludes those portions of the site which it determines will not be affected by the activity. Any tree preservation plan required by this section must be dated within 36 months of the start date of the proposed activity.
   TREE REMOVAL. The cutting down, destruction, removal or relocation of any tree, including damaging by poison or other direct or indirect action.
   VIABLE. A tree, which in the judgment of the village, can sustain its own life processes, unaided by man, for a reasonable period of time.
(Ord. 23-03, passed 1-9-23)