A. The Village policy is to discourage the removal of native trees for frivolous reasons. A tree removal permit will be issued for removal of a native tree when made necessary by construction, additions or property improvements or repairs within the building envelope allowed on the parcel in question. In such instances, the owner may obtain a tree removal permit for the removal of the native tree concurrently with the approval of the building permit upon paying the applicable building permit fees, tree removal permit and mitigation fees.
B. In instances when the native tree sought to be removed is located within any required yard on the owner's parcel, the owner shall have a burden of establishing that no reasonable methods of accomplishing the construction or repairs are available that could avoid the removal of the native tree in the required yards. The removal of native trees in any required yard shall be limited to the minimum amount necessary for the proposed construction.
C. Except when the Village waives the payment of the tree mitigation fee, as described in section 9-6-12 of this chapter, tree mitigation fees are payable for the removal of native trees pursuant to a tree removal permit. The payment of tree mitigation fees for any elective removal shall be as set forth in the Village fee schedule. The fees shall be at a rate assessed on each one inch (1") in trunk diameter of removed native trees (measured by dbh) and may vary according to the species of the removed tree(s), if so provided in the Village fee schedule. If there are protected woodlands on the parcel in question that would benefit from implementation of an ecological mitigation plan, then the Village may waive or reduce the payment of the tree mitigation fee, as described in section 9-6-12 of this chapter.
D. An owner who damages or removes one or more regulated trees without a tree removal permit is required to apply retroactively for a tree removal permit and shall be subject to the penalty provisions of this chapter. In addition, the owner shall pay the tree mitigation fees indicated in the Village fee schedule for any trees removed that were native trees. If the identity of trees removed as native trees cannot be determined, due to the actions of the owner, then the Village shall treat such occurrence as an aggravating circumstance when imposing the penalty amount. (Ord. 18-03-05, 3-6-2018)