A. Except for tree emergencies, it shall be unlawful for any owner without a tree removal permit from the Village to damage or remove any regulated tree. Any owner is responsible for the damage or removal of the regulated tree on such owner's property when the damage or removal was performed or caused by another person acting with the permission of such owner.
B. Any owner who damages or removes one or more regulated trees without a tree removal permit shall be required to apply retroactively for a tree removal permit. If more than twenty percent (20%) of the critical root zone of any regulated tree will be damaged or removed as result of proposed construction on an owner's property, then notwithstanding the intent of the owner to preserve such regulated tree, the loss of such regulated tree shall be assumed and an application for tree removal permit required in such instance.
C. An owner applying for a permit to remove protected woodland under this chapter shall apply for a tree removal permit with respect to any regulated trees to be removed from the protected woodland.
D. If an owner seeks a tree removal permit, the application for such tree removal permit shall contain:
1. Name and address of the owner;
2. Commonly known address of the owner's property where the removal shall occur;
3. Name and address of the contractor or other person who is proposed as having responsibility for tree removal;
4. A hand drawn map indicating the location of each tree proposed for removal;
5. A general description of all trees to be removed, including tree number, species, size (dbh), condition, and reason for removal;
6. When a site development permit is required, a site development plan sheet entitled "Woodland/Tree Protection & Landscaping Plan" containing all or a portion of such details as may be specified or required for such plans for reviewing such permit under the Riverwoods development ordinance;
7. When a site development permit is required, a tree survey of all regulated trees (except buckthorn and honeysuckle) 1.5" to 6" dbh (and multi-stem variations) extending a minimum of twenty feet (20') beyond the construction limits and all six inch (6") dbh and greater regulated trees extending a minimum of forty feet (40') beyond the construction limits and overlaid directly upon the woodland/tree protection and landscaping plans contained in the site development plan, showing the tag number, species, size (dbh), condition and percent of critical root zone permanently impacted of all regulated trees. The survey shall distinguish among trees to be preserved, root pruned, transplanted, or removed. The owner may exclude areas of the site or trees under six inches (6") dbh from the tree survey, if the Village Ecologist determines that the proposed construction or other activity will not impact those areas; and
8. Such other data and information as the Village shall deem necessary to allow full and fair consideration of the tree removal permit application.
E. Upon receipt of a tree removal permit application, the Village Ecologist shall inspect the owner's property and contiguous and adjoining lots in order to evaluate the application, including finding whether any of the trees requested for removal are located in a protected woodland area. Subject to compliance with applicable provisions of this Code, upon recommendation of the Village Ecologist, the Village will issue a tree removal permit, without charging a tree mitigation fee, if, based on the site inspection, one or more of the following permit conditions is satisfied:
1. The tree is not a desirable protected tree or highly desirable protected tree;
2. The tree is a desirable protected tree or highly desirable protected tree that is proposed to be removed or relocated within two (2) years after first being planted;
3. The tree to be removed is located within the footprint of a new principal building to be located on an undeveloped lot that has never been improved with a single-family dwelling;
4. The tree must be removed because it is dead, dying or diseased;
5. The tree is weakened by disease, age, fire, storm or other natural causes such that it is likely to die or become diseased;
6. The tree constitutes a hazard to pedestrian or vehicular traffic; or
7. The tree constitutes a tree emergency.
F. An owner or agent acting pursuant to a tree removal permit shall remove the trees identified in such permit in accordance with the terms and conditions set forth in the tree removal permit. Tree removal permits will be issued initially for a period of ninety (90) days and may be extended by the Village Ecologist for good cause shown. (Ord. 18-03-05, 3-6-2018)