(a) Requirement. A tree conservation analysis (TCA) or a tree conservation plan (TCP) shall be required for any tree permit application related to development described in Table 1.0 subject to the following exceptions:
(1) Any application for development less than one-half an acre in size shall be exempt from this requirement.
(2) The Administrative Official may waive the requirement for a TCA or a TCP if the scope of the development makes the requirement either impractical or inapplicable to the development.
(3) A TCP may be used to satisfy the requirements of a TCA.
Table 1.0 - TCA and TCP by Type of Development Application
Type of Development Application | Requirement |
Concept Plan | Tree Conservation Analysis |
Site Plan | Tree Conservation Plan (TCP) |
Preliminary Plat | Tree Conservation Analysis |
Final Plat | Tree Conservation Plan (TCP) |
Plat Revision | Tree Conservation Plan (TCP) |
(b) Information Required.
(1) A TCA shall include each of the following:
A. Identification of critical environmental features of the site including all grades over five percent, existing streams, drainage creeks, ponds, and other water bodies (if any).
B. Tree survey.
D. Identification of areas of environmental constraints not suitable for development.
E. The names, addresses and telephone numbers of those persons or entities who own the property and those persons or entities filing the application.
F. Any request for mitigation as outlined in subsection (c) hereof including tree cover calculation.
G. Such additional information as the Administrative Official may reasonably require.
(2) A TCP shall include each of the following:
A. All items required above for a TCA.
B. Inventory of protected trees including tree size and type.
C. Two-foot contour map of the site.
D. Drip lines for individual trees required for site plans only.
E. Clear delineation, for each protected tree, of whether the tree will be preserved after the proposed development is constructed, altered due to proposed improvements, or could potentially be saved based upon site specific conditions.
F. Detailed site plan of all proposed improvements.
G. Such additional information as the Administrative Official may reasonably require.
(c) Requests for Mitigation.
(1) Generally. If a proposed TCA/TCP does not preserve existing tree coverage as required by Table 2.0, then the Administrative Official shall calculate area of tree coverage that must be mitigated as part of an amended TCA/TCP. An applicant may request any of the four mitigation methods outlined in this subsection or a combination thereof. All requests for mitigation for shall comply with the following:
A. All requests for mitigation shall be made in writing to the Administrative Official as part of an amended TCA/TCP.
B. Each request for mitigation shall include, at minimum, newly planted trees with drip lines totaling an area greater than or equal to the tree coverage area that must be mitigated, as calculated by the Administrative Official.
C. All plans requesting mitigation, except in the case of financial mitigation, shall include a binding three year landscape establishment period, wherein the applicant shall be responsible for the following:
1. Approval of a TCA/TCP requesting mitigation, except in the case of financial mitigation, shall be contingent upon the applicant depositing with the Village an irrevocable letter of credit in an amount equal to the estimated cost of materials and labor for all trees at the time of planting. The irrevocable letter of credit must cover the entire three year maintenance and monitoring period. Applicant shall submit cost estimates to the Administrative Official for approval.
2. Upon completion of the three year landscape establishment period, the Administrative Official shall inspect the site and determine whether ninety percent of the trees are healthy and have a reasonable chance of surviving to maturity. Upon such a finding, the Village shall release the letter of credit.
3. In the absence of such a finding, the applicant shall be notified to replace any unhealthy or dead trees, or take other appropriate action as approved by the Administrative Official. If the applicant does not take remedial steps to bring the property into compliance, then the application shall have committed an offense of this chapter.
4. In the event trees are injured or destroyed by natural disasters, including but not limited to, tornadoes, straight-line winds, ice storms, fire, floods, hail, or lightning strikes, or through the independent actions of third parties, the applicant shall be relieved of the responsibility of replanting the tree or trees so affected.
(2) Requests for on-site mitigation.
A. Requests to mitigate on-site must be incorporated in the applicant's TCA or TCP.
B. Plan requirements. The TCA or TCP must graphically represent the species and location for all trees to be planted on-site. It shall also include a chart clearly stating the following information:
1. The number of trees requested for removal;
2. The percentage below the minimum canopy requirement they represent;
3. Tree removal due to the grading work done to create tie backs for roads shall be pursuant to Section 11 of the Zoning Ordinance; and,
4. The species and number of trees to be planted.
C. Species selection. Species must be selected from the approved species list and shall be based upon the amount of space available for proper growth on the site, and must be approved by the Tree Board as part of the TCA or TCP.
D. Placement of trees. The applicant is expected to plant trees in locations on the site where the environmental benefits of canopy cover are most likely to offset the impact of development. Trees shall not be placed within utility easements, or in other locations where their future protection cannot be assured.
E. On-site mitigation incentive. If all the required trees can be located on-site, the Administrative Official may approve up to a twenty percent reduction in the number of trees to be planted. Any incentive reductions allowed shall be based upon the species of the mitigation trees and the space needed for the healthy growth of trees.
(3) Request for off-site alternatives. Requests for off-site alternatives must be incorporated in and submitted concurrently with the applicant's TCA or TCP. The applicant may seek approval of the Administrative Official to preserve an equal or greater amount of canopy cover at a site within the Village limits.
(4) Off-site forestation. If off-site preservation cannot be achieved, the applicant may seek approval from the Administrative Official to plant the required number of trees on another site owned by the applicant and located within the Village limits.
(5) Financial mitigation, tree planting and maintenance fee. When on-site mitigation, off-site preservation and off-site forestation cannot completely fulfill a developer's obligation under this chapter, the developer shall pay the Village a planting and maintenance fee for each required tree where such fee fairly represents the costs of material and labor to plant each tree as well as three years of maintenance costs to ensure each tree survives for that period of time.
A. An applicant which cannot achieve the requirements through preservation or mitigation shall contribute to the Village. The Village shall use the money paid to the Village to plant trees within the subdivision along rights-of-ways, detention ponds, common areas or other areas where trees can be protected and have a high probability of survival to a mature tree. This shall be accomplished once the subdivision is built out or as approved by the Administrative Official.
B. Money contributed in lieu of on-site mitigation or off-site forestation shall be paid prior to issuance of a building permit and prior to final plat acceptance.
C. Money contributed under this section:
1. May be used for canopy mitigation, including planting site identification, tree acquisition, planting, and maintenance, utilizing either Village staff or contract labor;
2. Shall not revert to the general fund for ongoing operations.
D. Any refunds shall be paid to the applicant who made the original contribution.
E. Notice of the right to a refund, including the amount of the refund and the procedure for applying for and receiving the refund, shall be sent or served in writing to the applicant no later than thirty days after the date which the refund becomes due. The sending by regular mail of the notices to the applicant shall be sufficient to satisfy the requirement of notice.
F. The refund shall be made on a pro rata basis, and shall be paid in full no later than ninety days after the date certain upon which the refund becomes due.
G. At the time of the contribution to the Village, the Administrative Official shall provide the applicant with written notice of those circumstances under which refunds of such fees will be made. Failure to deliver such written notice shall not invalidate any contribution to the Village under this chapter.
(d) Standards for Approval.
(1) A TCA/TCP shall be approved if it will preserve existing tree cover in accordance with the percentage requirements established by Table 2.0. If not in compliance with Table 2.0, the TCA/TCP shall be supplemented with a request for mitigation as provided for in subsection (c) hereof.
Percentage of existing tree cover on the entire site | Minimum percentage of existing tree cover to be preserved* |
0% - 14% | 70% |
14.1% - 24% | 60% |
24.1% - 30% | 50% |
30.1% - 50% | 40% |
50.1% - 100% | 30% |
*Minimum percentage of existing tree cover to be preserved shall exclude any area in public rights-of way.
(2) The Administrative Official shall review the application for a TCA or TCP and make a recommendation to the Tree Board. The Tree Board shall approve the TCA or TCP if the Board finds that it:
A. Provides for the placement of building pads, parking areas, driveways, streets, and utility easements so as to maximize the preservation of environmental features of the property;
B. Maximizes the preservation of existing tree stands with the potential to buffer residential areas from the noise, glare, and visual effects of nonresidential uses;
C. Maximizes the preservation of trees adjoining a natural or man-made drainage creek, if any;
D. Maximizes the preservation of existing protected trees; and
E. Mitigates the alteration of trees through tree replacement procedures pursuant to this chapter.
(e) Action on TCA and TCP.
(1) An application that requires the submittal of either a TCA or a TCP shall first be reviewed by the Administrative Official in conjunction with the accompanying development application.
(2) The Administrative Official shall prepare and present a report to the Tree Board that evaluates the extent to which the proposed development is responsive to the approval criteria outlined in subsection (d) hereof and makes a recommendation to the Tree Board for approval or denial of the TCA or TCP.
(3) The Tree Board shall approve the proposed TCA or TCP if it finds that it meets the criteria outlined in subsection (d) hereof.
(Ord. 1787. Passed 6-27-22.)