The following words and phrases shall have the meanings set forth below when used in this chapter. In administering or enforcing the provisions of this chapter, the Village may call on the services of the Village Ecologist and/or Village Forester, and any reference in this chapter to one shall be deemed to include the other.
CONDITION RATING (For Trees): An evaluation of tree health and structural issues, with condition rating 1 being the highest rating, and condition rating 6 being the lowest rating of tree health and structure. The characteristics of trees having condition ratings 1 - 6 are summarized below.
Condition 1: Excellent - The tree is typical of the species, has less than ten percent (10%) deadwood in the crown that is attributable to normal causes, has no other observed problems, and requires no remedial action.
Condition 2: Good - The tree is typical of the species and/or has less than twenty percent (20%) deadwood in the crown, only one or two (2) minor problems that are easily corrected with normal care.
Condition 3: Fair - The tree is typical of the species and/or has less than thirty percent (30%) deadwood in the crown, one or two (2) minor problems that are not eminently lethal to the tree, and no significant decay or structural problems, but the tree may need remedial care in order to minimize the impact of future stress and to ensure continued health.
Condition 4: Average - The tree is typical of the species but has some problems such as thirty percent (30%) to fifty percent (50%) deadwood in the crown, decay or structural defects, insects, disease or other problems that can be eminently lethal to the tree or create a hazardous tree if not corrected in a short period of time or if the tree is subjected to additional stress.
Condition 5: Poor - The tree is not typical of the species and/or has over fifty percent (50%) deadwood in the crown, major decay or structural problems, is hazardous or is severely involved with insects, disease, or other problems, that even if aggressively corrected, would not result in the long-term survival of the tree.
Condition 6: Dead - Less than ten percent (10%) of the tree shows signs of life.
CRITICAL ROOT ZONE: The area inscribed by a circular line on the ground beneath a tree having as its center point the center of the trunk of the tree and a radius equal to one foot (1') for every inch of diameter at breast height (dbh).
DAMAGE: The taking of any direct or indirect action that causes, or is reasonably likely to cause, the death of a tree or a significant loss of a tree's structural integrity including, without limitation, destruction, poisoning, carving, mutilating, girdling, severing the main trunk, leader, or large branches or roots, removing any portion of the bark from the main trunk, leader, or large branches, touching with live wires, crushing or exposing the roots, digging or drilling any hole or trench within the critical root zone, filling with soil or other materials within the critical root zone, compacting a substantial portion of the soil in the critical root zone, or moving a tree to another location. Without limiting the foregoing, "damage" does not include the pruning of trees in accordance with "Standard Practices for Tree, Shrub, and Other Woody Plant Maintenance" (ANSI A300) and "Tree-Pruning Guidelines" published by the International Society of Arboriculture or similar standards and guidelines from time to time recommended for residents of the Village by the Village Forester or Village Ecologist. Damage does include and is deemed to occur when more than twenty percent (20%) of the critical root zone of any tree is damaged or removed or when more than twenty percent (20%) of the critical root zone of any tree is covered by three inches (3") or more of mulch or fill.
DESIRABLE PROTECTED TREE: Any tree located in the Village that would be only a regulated tree if not for the fact that the tree has a condition rating of 1, 2, 3 or 4, and is one of the following species listed in the table below.
DESIRABLE PROTECTED TREES
Scientific Name | Common Name | Classification |
Scientific Name | Common Name | Classification |
Acer saccharum (= 15" dbh only) | Sugar maple (= 15" dbh only) | Canopy tree |
Aesculus glabra | Ohio Buckeye | Subcanopy tree |
Amelanchier sp. | Serviceberry species | Subcanopy tree |
Betula sp. | Birch species | Subcanopy tree |
Cephalanthus occidentalis | Buttonbush | Understory tree |
Cercis Canadensis | Redbud | Subcanopy tree |
Cornus alternifolia | Pagoda Dogwood | Subcanopy tree |
Cornus stolonifera | Redosier Dogwood | Multi-stem understory tree |
Corylus americana | American Hazel | Multi-stem understory tree |
Crataegus sp. | Hawthorn species | Subcanopy tree |
Euonymus atropurpureus | Eastern Wahoo | Subcanopy tree |
Ilex verticillate | Winterberry Holly | Multi-stem understory tree |
Juglans nigra | Black Walnut | Canopy tree |
Linden benzoin | Spicebush | Multi-stem understory tree |
Pinus strobus | Eastern White Pine | Canopy tree |
Prunus virginiana | Chokecherry | Multi-stem understory shrub |
Sambucus canadensis | Elderberry | Multi-stem understory shrub |
Stapylea trifolia | Bladdernut | Multi-stem understory shrub |
Tilia americana (= 15" dbh only) | Basswood (= 15" dbh only) | Subcanopy tree |
Viburnum sp.
1 | Viburnum species | Multi-stem understory shrub |
Note:
1. Does not include Viburnum prunifolium (Blackhaw Viburnum).
DIAMETER BREAST HEIGHT (DBH): The diameter of the trunk of a tree measured in inches, at a point four and one-half feet (41/2') above the existing grade at the base of the tree. Dbh is a commonly accepted standard used by arborists to measure the size of trees.
ECOLOGICAL COST SHARE PROGRAMS: The programs from time to time authorized by the Village to further the ecological management and stewardship of native woodlands by Village residents.
ECOLOGICAL MITIGATION PLAN: A legally enforceable plan and agreement between an owner and the Village, under which the owner agrees to perform ecological restoration in the form of various ecological management strategies that are intended to establish, protect, or enhance native woodlands and other areas located on such owner's parcel, as specified in the mitigation plan document prepared by the Village Ecologist.
HIGHLY DESIRABLE PROTECTED TREE: Any tree located in the Village that would be only a regulated tree, if not for the fact that the tree has a condition rating of 1, 2, 3 or 4, and is one of the species listed in the table below.
HIGHLY DESIRABLE PROTECTED TREES
Scientific Name | Common Name | Classification |
Scientific Name | Common Name | Classification |
Acer rubrum | Red Maple | Canopy tree |
Carpinus caroliniana | Blue Beech/Musclewood | Subcanopy tree |
Carya sp. | Hickory species | Canopy tree |
Celtis occidentalis | Common Hackberry | Canopy tree |
Hamamelis virginiana | Common Witchhazel | Subcanopy tree |
Ostrya virginiana | Ironwood | Subcanopy tree |
Platanus occidentalis | American Sycamore | Canopy tree |
Quercus sp. | Oak species | Canopy tree |
Virbunum prunifolium | Blackhaw Viburnum | Subcanopy tree |
NATIVE TREE: For purposes of this chapter, any tree in the Village that is either a desirable protected tree or a highly desirable protected tree indigenous to the area and important to the native woodland community in which they are found.
NATIVE WOODLANDS: Areas in the Village consisting of one or more woodland plant communities, transitioning (west to east) from floodplain woodland near the Des Plaines River to mesic woodland, dry-mesic woodland, then savanna, with northern flatwoods scattered throughout and populated by native trees and having a minimum area of four hundred (400) square feet, consisting of at least a canopy layer comprised of native tree species and natural/unmaintained ground (herbaceous) layer that allows for the regeneration and sustainability of the woodland over time. For purposes of this chapter, northern flatwoods and savanna are considered woodland communities.
OWNER: The person or entity legally or beneficially owing real estate in the Village undertaking any actions with respect to regulated trees on such real estate which are regulated by the provisions of this chapter. Any reference to owner in this chapter includes the family members, guests, tenants, licensees, contractors, agents, officers, directors, shareholders and employees of the person or entity legally or beneficially owing the real estate in question under the provisions of this chapter.
PROTECTED WOODLAND: The area of native woodland determined for each parcel in the Village shown on the woodland delineation parcel map for such parcel as of April 8, 2017, which area may be expressed as a percentage of the total land area of such parcel, but subject to adjustment in accordance with section 9-6-9 of this chapter. For any parcel, except as otherwise provided in this chapter, the protected woodland, subject to such adjustment, is the amount of native woodland on such parcel documented as of April 8, 2017.
REGULATED TREE: Any tree located in the Village, together with its root system, having a primary stem or trunk that is at least one and one-half inches (1.5") dbh or greater and is at least six feet (6') tall, and any multi-stemmed variation (where all stems are less than 1.5 inches dbh) of the tree species that is at least six feet (6') tall. For mitigation purposes and calculating tree mitigation fees, each multi-stemmed tree will be considered to have a two inch (2") dbh.
REMOVE OR REMOVAL (With Respect To Protected Woodlands): The removal and/or replacement of protected woodland on a parcel, that consists of physically clearing or otherwise removing or replacing any of the layers (ground, shrub, subcanopy and canopy) of the protected woodland by mowing, mulching, cutting, tilling or planting turf grass, or planting non-native or invasive trees, shrubs, or ground layer vegetation that effectively replaces any woodland layer. For avoidance of doubt, the removal of any canopy, subcanopy, or shrub layer of protected woodland may also constitute the removal of regulated trees. For purposes of this definition, neither: a) the planting of flowers and engaging in gardening activities in the protected woodlands that do not harm the survival and regeneration of protected woodlands, nor b) the detachment or elimination of invasive or noxious trees, shrubs or ground layer vegetation, such as those identified in the ecological cost share programs, shall be deemed to be removed. In construing the preceding sentence, activities that harm the regeneration of the protected woodlands are those that cumulatively cancel the natural processes through which the native woodlands would regenerate if the activities in question were to cease.
REMOVE OR REMOVAL (With Respect To Regulated Trees): The physical detachment or elimination of a regulated tree, or the effective detachment or elimination of a regulated tree, through damage, cutting of major vegetation to the ground, complete extraction or killing by spraying, girdling, root cutting, or otherwise (but not the proper pruning of trees in accordance with "Standard Practices for Tree, Shrub, and Other Woody Plant Maintenance" (ANSI A300) and "Tree-Pruning Guidelines" published by the International Society of Arboriculture or similar standards).
TREE EMERGENCY: The existence of any tree within the Village that has become an immediate danger or hazard to persons or property as a result of any tornado, windstorm, flood, freeze, natural disaster or other occurrence.
TREE MITIGATION FEE: The fee to be paid by an owner for the removal of desirable protected trees or highly desirable protected trees, to the extent the provisions of this chapter require the payment of such fee, in the amount set forth in the Village fee schedule.
TREE REMOVAL PERMIT: The written permit issued by the Village to authorize the removal of regulated tree(s) pursuant to the provisions of this chapter.
TREE REMOVAL PERMIT APPLICATION: The application (including fee, if any) required for issuance of a tree removal permit pursuant to this chapter.
VILLAGE ECOLOGIST: The employee or consultant of the Village who is a trained restoration ecologist and is designated to act as Village Ecologist.
VILLAGE FEE SCHEDULE: The fee schedule adopted pursuant to section 1-11-5 of this Code.
VILLAGE FORESTER: The employee or consultant of the Village who is a trained forester/arborist and is designated to act as Village Forester.
WOODLAND DELINEATION PARCEL MAP: As defined in subsection 9-6-2G of this chapter.
WOODLAND DELINEATION SURVEY: As defined in section 9-6-9 of this chapter.
WOODLAND REMOVAL PERMIT: The written permit issued by the Village to authorize the removal of protected woodland pursuant to the provisions of this chapter.
WOODLAND REMOVAL PERMIT APPLICATION: The application (including fee, if any) required for issuance of a woodland removal permit pursuant to this chapter. (Ord. 18-03-05, 3-6-2018)