1189.07 REPLACEMENT OF REMOVED TREES.
   (a)   Each major tree with a caliper less than 18 inches removed during the course of the development of a lot shall be replaced by the owner of the lot with two (2) trees, each having a minimum caliper of 3.0 inches and a clear trunk height of at least six (6) feet. Trees with a caliper of 18 inches or more removed from the lot shall be replaced on a 1 to 1 caliper basis.
   (b)   The Village Administrator (or designee) shall approve the caliper, species, and health of all proposed replacement trees.
   (c)   Failure to replace a major tree within one and a half (1 ½) years of the approval of the application referred to in subsection (a) shall constitute a violation subject to penalties under Section 1135.99 for each separate failure to replace a tree.
   (d)   In the event the Village Administrator or designee determines that full replacement would result in the unreasonable crowding of trees upon the lot, a fee equivalent to the cost to purchase trees totaling the excess aggregate caliper shall be paid into the Tree Fund to be used for reforestation on public property. The fees required to be paid by this section shall be used solely for the planting of trees on publicly owned property.
(Ord. 05-08. Passed 2-25-08.)