(A) The Village Board can review the submittal at any two meetings (a committee at large or regular Board meeting). Board authorization to staff can only be made after the application has been reviewed at two meetings - the first to introduce the project and the second to seek formal acceptance. Each request shall be listed by name and address on the agenda to allow for public input.
(B) This section contains the performance standards and regulations pertaining to the landscape elements of residential, commercial and industrial properties, recommendations for the provision of trees along public right-of-way, maintenance, recommendations for trees and other landscape components adjacent to public right-of-way and administration and enforcement of these regulations.
(C) Purpose. The purpose of this section is to establish recommendations for the provision, installation, maintenance and removal of landscape plantings in order to achieve a healthy, visually pleasing and safe community by the following means.
(1) Preservation of vegetation. Preserve existing natural vegetation and the incorporation of native plants, plant communities and ecosystems into landscape design, where possible.
(2) Aesthetics. Improve the appearance of all areas through the incorporation of open space into development in ways that harmonize and enhance the natural and built environment.
(3) Land values. Maintain and increase the value of land by requiring landscape improvements to be incorporated into development, thus becoming by itself a valuable capital asset.
(4) Human values. Provide direct and important physical and psychological benefits to human beings through the use of landscape materials to reduce noise and glare, to provide visual diversity and seasonal interest, and visually soften the harsher aspects of urban development.
(5) Improved design. Promote innovative and cost-conscious approaches to the design, installation and maintenance of landscaping, encouraging water and energy conservation.
(6) Improved administration and enforcement. Establish procedures, standards and qualified staff for the administration and enforcement of this Code.
(D) Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
BUFFER, PERIMETER LANDSCAPE. A continuous area of land set aside along the perimeter of a lot in which plant materials may be used to provide a transition between and to reduce the environmental, aesthetic and other impacts of one type of land use upon another.
CANOPY TREE. A self-supporting woody plant or species normally growing to a mature height of not less than 20 feet and a mature spread of not less than 15 feet in the St. Louis metropolitan area. Clusters of more than one tree may be used when it is demonstrated to the Village Board that the grouping of trees will, at maturity, surpass the 15-foot diameter requirement and that the grouping of trees is suitable for the proposed location.
CULTIVATED LANDSCAPE AREA. Planted areas that receive routine maintenance such as mowing, irrigating, pruning, fertilizing and the like.
DEVELOPMENT. Any proposed material change in the use or character of the land, including, but not limited to, land clearing or the placement of any structure or site improvements on the land.
DRIP LINE. A vertical line extending from the outermost branch tips of a tree perpendicular to the finished grade.
GROUND COVER. Plants, other than turf grass, normally reaching an average maximum height of not more than 24 inches to maturity.
HEDGE. A landscape barrier consisting of a continuous, dense planting of woody vegetation which may be either composed of trees or shrubs.
INCOMPATIBILITY OF LAND USES. An issue arising from the proximity or direct association of contradictory, incongruous or discordant land uses or activities, including the impacts of noise, vibration, smoke, odors, toxic matter, radiation and similar environmental conditions.
IRRIGATION SYSTEM. A permanent, artificial watering system installed below grade designed to transport and distribute controlled amounts of water to plants.
LANDSCAPE AMENITIES. Any combination of non-living landscape material such as rocks, pebbles, sand, mulch, walls, fences or decorative paving materials.
LANDSCAPE PLANTINGS. Any combination of living plants such as grass, ground cover, shrubs, vines, hedges or trees.
MULCH. Non-living organic and synthetic materials customarily used in landscaping designed to retain moisture, stabilize soil temperatures, control weed growth and retard erosion.
PLANT COMMUNITY. A natural association of plants that are dominated by one or more prominent species or a characteristic physical attribute.
SHRUB. A self-supporting woody perennial plant of low to medium height characterized by multiple stems and branches continuous from the base, usually not more than ten feet in height at its maturity.
SITE SPECIFIC PLANTING. The selection of plant materials which are particularly well suited to withstand macro and micro climate conditions that are specific to that location.
SUBSTANTIAL CHANGE IN LAND USE.
(a) A change in land use that increases the intensity of land use;
(b) A change in land use that creates an incompatibility or increases the incompatibility of adjacent land uses; or
(c) An increase in the total floor area of multiple dwellings or nonresidential buildings that results in increased traffic generation.
TOPPING. The severe cutting back of limbs to stubs larger than three inches in diameter with the tree's crown to such degree so as to distort the normal canopy shape thus disfiguring the tree.
UNDERSTORY PLANT MATERIAL. Assemblages of natural low-level woody, herbaceous and ground cover species which exist in the area below the canopy of the trees.
UNDERSTORY TREE. Any self-supporting woody perennial plant which has a diameter at breast height (DBH) of two inches or more and which normally attains an overall height of at least 15 feet at maturity, usually with one main stem or trunk and many branches. It may appear to have several stems or trunks in several species.
VIABLE. When referring to a tree, shrub or other type of plant, is a plant that, in the judgment of the Village Staff, is capable of sustaining its own life processes, unaided by humans, for a reasonable period of time.
(E) Applicability. Except as otherwise specifically provided for herein, this subchapter shall apply to new property development, any cumulative permitted landscaping renovation in excess of 20%, and maintenance of existing trees and landscaping on existing individual lots in the B-1, B-2, B-3, B-4, PB and I districts; and to the installation, maintenance and/or replacement of trees in public rights-of-way in all zoning districts. No permit shall be issued as provided for herein in violation of the regulations set forth herein.
(F) Conflicts. If the provision of this subchapter conflict with other sections of this Code or other ordinances or regulations, the more stringent limitation or requirement shall govern or prevail to the extent of the conflict.
(G) Landscape design recommendations. The following recommendations shall be considered the minimum requirements for the installation of all plant materials within the village on existing lots within the MR, B-1, B-2, B-3, B-4 and I districts and within public rights-of-way in all zoning districts:
(1) Minimum tree and shrub planting or preservation recommendations.
(a) General. Trees shall not be placed where they interfere with site drainage or where they shall require frequent pruning in order to avoid interference with overhead power lines. A minimum of 75% of all required trees shall be canopy trees.
(b) Acceptable tree species, cultivars or varieties. In order to protect the village's existing trees from disease and to ensure that the species and varieties of trees which are planted will grow and be healthy, trees planted on existing sites and in conjunction with new developments within the MR, B-1, B-2, B-3, B-4, PB and I districts and within public rights-of-way within all zoning districts shall be of the species, cultivars or varieties listed in the tables below (except where specific exceptions are noted in a table.) The species, cultivar and/or variety which are listed in Table 4 are not acceptable for planting
within the public rights-of-way due to a variety of factors such as susceptibility to salt damage, potential for providing a traffic visual hazard, susceptibility to disease, potential for growth into right-of-way and the like.
Table 1 Large Size Canopy Trees (reaching height of 50 feet or more at maturity) | |
Botanical Name | Common Name |
Table 1 Large Size Canopy Trees (reaching height of 50 feet or more at maturity) | |
Botanical Name | Common Name |
Acer saccharum | Sugar Maple |
Celtis occidentalis | Hackberry |
Fraxinus pennsylvanica | Green Ash (seedless variety) |
Fraxinus americana | White Ash |
Quercus alba | White Oak |
Quercus rubra | Red Oak |
Tilia americana “Redmond” | "Redmond" Linden |
Zelkova serrata | Village Green Japanese Zelkova |
Ulmus carpinifolia | "Homestead" and "Pioneer" |
Table 2 Medium-Size Canopy Trees (reaching heights of 30 - 45 feet or more at maturity) | |
Botanical Name | Common Name |
Table 2 Medium-Size Canopy Trees (reaching heights of 30 - 45 feet or more at maturity) | |
Botanical Name | Common Name |
Acer platanoides | Norway Maple |
Acer rubrum | Red Maple |
Fraxinus americana "Rosehill" | White Ash "Rosehill" |
Fraxinus excelsior | European Ash |
Ginkgo biloba | Ginkgo (male sex only) |
Nyssa sylvatica | Black Gum |
Pyrus calleryana varieties | Callery Pear |
Taxodium distichom | Common Bald Cypress |
Tilia cordata | Littleleaf Linden |
Tilia euchlora | Crimean Linden |
Tilia tomentosa | Silver Linden |
Gleditisia/triacanthos | Thornless Honeylocust |
Table 3 Small-Size Canopy Trees (reaching heights of not more than 30 feet at maturity) | |
Botanical Name | Common Name |
Table 3 Small-Size Canopy Trees (reaching heights of not more than 30 feet at maturity) | |
Botanical Name | Common Name |
Acer Campestre | Hedge Maple (Evelyn) |
Acer platanoides globusm | Globe Norway Spruce |
Camelanchier glandiflora | Serviceberry |
Carpinus betulus | European Hornbeam |
Carpinus caroliniana | American Hornbeam |
Cercis canadaenis | Red Bud |
Crataegus species | Hawthorn |
Fraxinus quadrangulata globosa | Globe Blue Ash |
Koelreuteria paniculata | Goldenrain Tree |
Magnolia | Saucer Magnolia |
Morus alba "Kingan" | "Kingan" Fruitless Mulberry |
Ostrya virginiana | Hop Hornbean |
Table 4 Evergreen Trees (not acceptable for planting within right-of- way) | |
Botanical Name | Common Name |
Table 4 Evergreen Trees (not acceptable for planting within right-of- way) | |
Botanical Name | Common Name |
Abies sp. | Fir |
Picea sp. | Spruce |
Pinus sp. | Pine |
Thuj a sp. | Arborvitae |
Juniper sp. | Junipers |
Undesirable tree species, cultivars or varieties: in order to protect the village's existing trees from disease, to ensure that the species and varieties of trees which are planted will grow and be healthy, will be resistant to storms, and do not provide other undesirable effects, the trees listed below in Table 5 shall not be planted on existing sites and in conjunction with new developments within the MR, B-1, B-2, B-3, B-4, PB and I districts and within public rights-of-way within all zoning districts, except upon the approval of the Planning Commission/Village Board in special locations where because of characteristics of adaptability or landscape effect they can be used to public advantage and will not create a detriment to adjoining property or the trees thereon. | |
Table 5 Undesirable Tree Species, Cultivars or Varieties | |
Botanical Name | Common Name |
Table 5 Undesirable Tree Species, Cultivars or Varieties | |
Botanical Name | Common Name |
Acer negundo | Boxelder |
Acer saceharinum | Silver or Soft Maple |
Aesculus sp. | Horsechestnut |
Ailanthus altissima | Tree-of-Heaven |
Albizzia sp. | Mimosa |
Catalpa sp. | Catalpa |
Diospyros | Persimmon |
Gleditisia tricanthos | Honeylocust (except thornless) |
Juglans nigra | Black Walnut |
Maculura pomifera | Osage Orange |
Malus sp. | Apples |
Morns sp. | Mulberry (all fruit-bearing varieties) |
Platanus occidentalis | Sycamore (American) |
Populus sp. | Poplars, Cottonwood |
Prunus sp. | Cherry, Plum (all fruit-bearing varieties) |
Pyrus sp. | Pear (all fruit-bearing varieties) |
Quercus palustris | Pin Oak |
Robinia pseudocacia | Black Locust |
Salix sp. | Willow |
Ulmus sp. | Elms |
Liquidar styraciflua | Sweet Gum |
(2) Recommendations for landscape materials.
(a) Tree planting recommendations. Immediately upon planting all trees shall conform to the American Association of Nurserymen Standards and have the following characteristics.
1. In all MR, B-1, B-2, B-3, B-4, PB and I districts, all medium to large canopy trees shall be a minimum of 12 feet in height and shall have a minimum caliper of two inches.
2. All understory trees shall be at least five feet in height, except where they are fulfilling the requirement as a landscape buffer as provided for in this subchapter in which case they shall be a minimum of eight feet in height. Deciduous small trees shall have a minimum caliper of two inches, a minimum height of ten feet, and have not less than eight branches on the upper half of the trunk.
3. When more than ten trees are to be planted to meet the recommendations of this subchapter, a mix of species shall be provided. The number of species to be planted shall vary according to the overall number of trees required to be planted. Species shall be planted in proportion to the mix.
4. On a corner lot in any district, development shall conform to the recommendations of a sight distance triangle in which nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of two feet and ten feet above the grades at the back of the curb of the intersecting streets, within the triangular area formed by the right-of-way lines and a line connecting them at points 40 feet from their point of intersection or at equivalent points on private streets, except that the sight distance triangle may be increased when deemed necessary for traffic safety by Village Staff.
5. Only medium deciduous trees shall be acceptable for planting in public rights-of-way in all zoning districts where the planting area between the curb or edge of the roadway pavement and the edge of the sidewalk is limited to a width of between four and five feet. In all zoning districts where the planting area between the curb or edge of the roadway pavement and the edge of the sidewalk is greater than five feet, both medium and large deciduous trees shall be acceptable for planting. In instances where deciduous trees of either medium or large size are likely to cause interference with overhead utility wires, understory deciduous trees will be acceptable for planting.
6. Except as otherwise provided for herein, a five-foot landscape buffer shall be recommended in side yards in all zoning districts. In R-1, R-2, R-3 and CE zone districts this buffer shall be at a minimum grass.
7. No tree shall be planted closer than 40 feet of any street corner, measured from the point of nearest intersecting curbs or curb-lines or within ten feet of any fire hydrant.
(b) Plant material installation recommendations. The following recommendations shall apply to all landscape installation projects subject to regulation by this subchapter and this Code.
1. Soil utilized for the growing medium of plant materials shall be friable, well-drained, local soil, capable of sustaining plant life. Areas which have been compacted by construction activities shall be thoroughly cultivated to the full depth of the compaction. Soil utilized for planting within these areas may be existing soil, provided it is friable, well-drained, free of construction debris including, but not limited to, scrap wood, trash, chemical/oil spills, excess paving materials, crushed rock, sand, natural site stones greater than one-inch mortar and all other non-soil materials.
2. Organic mulches shall be used to reduce the growth of weeds, add nutrients to the soil, and retain moisture over the root zones of plant materials. When appropriate, a minimum of three inches of organic mulch shall be placed beneath all newly installed tree, shrub and ground cover planting areas. At no time shall rock of any size or variety be placed around any existing or newly planted tree located in a public right-of-way.
3. The top four inches of the lawn bed for all areas to be seeded or sodded shall be topsoil. Topsoil shall be brought on-site from a local commercial source.
(c) Recommendations. The following recommendations shall apply to all B-1, B-2, B-3, B-4, PB and I districts.
1. Any part of a lot area not used for buildings or other structures or for parking, loading or accessways, shall be landscaped with grass, ground cover, trees, shrubs and pedestrian walks in accordance with the following provisions.
2. A planting strip of ten feet (not including sidewalks) shall be provided and maintained within the required front yard and shall separate vehicular parking and drive areas from any public or private street or right-of-way.
3. For all off-street parking areas, the following recommendations shall apply.
a. There shall be one two-inch caliper canopy tree existing or planted for every ten parking spaces located within planting areas meeting the recommendations prescribed herein. Each planting area shall be a minimum of 90 square feet in area and shall contain at least one deciduous canopy tree of a type and size required herein. There shall be a minimum of two trees, within and up to, every 100 linear feet of parking for each parking row. The trees shall be spaced evenly wherever possible. The ends of parking rows abutting a circulation aisle shall be defined by a planting island wherever feasible. These canopy trees and any associated planting areas shall be protected from vehicular encroachment by non-mountable, reinforced concrete curbing as specified elsewhere in this Code. The use of unreinforced extruded curbing of asphalt or other materials shall be prohibited.
b. In addition to any landscaped front, back or side yard areas or planting islands recommended by this section, for any parking area containing more than five spaces, a minimum of 20 square feet of interior landscaped area shall be provided within the parking lot for each parking space. Landscape areas shall be uniformly distributed in one or more areas so as to minimize and reduce the apparent size of parking areas. [Also see division (G)(2)(c)3.f. below for front yard tree recommendations.]
c. Planting areas that are parallel to parking spaces should be a minimum of nine feet wide.
d. Where planting areas are perpendicular to parking spaces, islands should be a minimum of eight feet wide to allow for overhang of parked cars. If parking is only on one side of the island, an eight-foot width is still required. Parking stalls can not be closer to the property line than eight feet. (See buffer requirements elsewhere in this Code.)
e. In instances where vehicle parking occurs perpendicular or parallel to parking islands, no landscape plantings other than grass shall be installed within 42 inches of the back of the curb.
f. Seventy-five percent of the canopy trees recommended herein shall be located within the paved area, and the remaining canopy trees shall be located in the front yards but in any event the number of trees to be provided in the required front yard shall not be less than the equivalent of one tree for every 50 feet of frontage along any public or private street. In complying with the front yard requirement and in order to maintain views into the site, the required number of canopy trees may be clustered at site corners, entry islands or other appropriate locations along the frontage. The canopy trees of the variety specified herein shall be counted in determining compliance with this provision.
g. No landscape hedge, bushes, shrubs or other low-growing plant material, wall or berm shall exceed three feet in height within ten feet of any driveway opening.
4. Screening of mechanical equipment, trash and loading area is required. All mechanical equipment, trash receptacles, storage of materials and equipment shall be within a fully enclosed building or in a side or rear yard screened by berms, dense vegetative plantings, wooden fences or brick walls, or combinations of these materials at least eight feet in height so that materials and equipment are not visible at the grade of the nearest adjacent street and/or adjoining property lines. Roof-mounted mechanical equipment shall also be screened so that it is not visible from the street or on-site parking areas or adjacent residential properties. Materials used to screen the roof-mounted mechanical equipment shall be of a type which is complimentary to the building architecture.
5. Where any parcel abuts any residential district or development, a 50-foot perimeter landscape buffer shall be provided and
maintained along all rear and side property lines where it abuts the residential district or development. The buffer area shall contain evergreen plant material with a minimum height of eight feet, planted in such a manner to achieve an effective spacing of six foot on center. The berm shall not exceed a slope of 30 degrees and shall be completely covered with shrubs, grass or other living ground cover in addition to the evergreen plant material specified herein.
6. All disturbed soil on the site that is not to be covered by buildings, parking and loading areas, and driveways, and which is not subject to other landscape treatment in accord with an approved site plan, shall be graded in accord with the site plan and covered with sod.
(3) Irrigation. In the B-1, B-2, B-3, B-4, PB and I districts, in order to present a healthy and visually appealing appearance, landscaped areas shall be provided with adequate irrigation for the maintenance of grass, shrubs, ground cover and other plant materials by utilizing a sprinkler system, hose bibs, and/or other method of providing water.
(4) Zoning district, PRDS, PCDs, and PIDs. The following recommendations shall apply to all zoning districts and PRDs, PCDs, and PIDs.
(a) In circumstances where existing parcels meeting the recommendation prescribed herein become nonconforming as a result of the loss of a canopy tree due to storm damage, disease or other means, the nonconforming condition shall be corrected as soon as weather and planting conditions permit. In such instances where public right-of-way is involved, the village shall be responsible for correcting the nonconforming condition (except in instances where the property owner has caused or condoned the damage.) In such instances where private right-of-way is involved, the property owner shall be responsible for correcting the nonconforming condition. Any tree which replaces an existing tree shall be selected and installed in accordance with the standards provided for in this subchapter.
(b) On parcels where no sidewalk exists, the required canopy trees shall be planted in an area not more than four feet nor less than three feet from the back of the curb or street edge. However, in no event shall a tree be planted where the clear space between the curb and the sidewalk is less than four feet, except where special permission is obtained from the Village Board.
(c) On private property, no tree of any type shall be planted within five feet of the right-of-way of any public street.
(H) Maintenance recommendations for trees and cultivated landscape areas. The following recommendations shall apply in the maintenance of cultivated landscape areas as defined in this subchapter which are located within B-1, B-2, B-3, B-4, PB and I districts and in public rights-of-way in all zoning districts unless otherwise specifically stated.
(1) General. The owner or assigns of land shall be responsible for the maintenance of the areas of the land subject to this subchapter in good condition so as to present a healthy, neat and orderly landscape area and healthy trees.
(2) Plants. All required plants shall be maintained in a healthy, pest-free condition. Within six months of a determination by Village Staff that a plant is dead or severely damaged or diseased, the plant shall be replaced by the property owner or owners in accordance with the standards specified in this section.
(3) Removal of trees representing hazards or obstructions. It shall be the responsibility of each property owner to remove any trees or shrubs, or parts thereof, which overhang or interfere with traffic control devices, street lighting, public sidewalks, rights-of-way, or property owned by the village. The Village Staff shall have the authority to order the pruning or removal of any such trees subject to the provisions herein or other applicable sections of the Codified Ordinances of the village.
(4) Removal of trees; general. Any trees removed from properties covered under the provisions of this subchapter or any other village ordinance, and which will render the property nonconforming with the provisions of this subchapter, shall be replaced with trees which are of acceptable type and species and in any previously approved site and landscape plans. Where such replacement involves properties within a MR, B-1, B-2, B-3, B-4, PB and I district, a landscape plan shall be required, shall be prepared in accordance with the provisions of this subchapter, and shall depict the trees to be removed and the type, species and location of replacement trees.
(5) Pruning. All pruning should be accomplished according to standard horticultural practices. Trees shall be pruned only as necessary to promote healthy growth. Unless special approval is provided by the Village Board, trees shall be allowed to attain their normal size and shall not be severely pruned or "topped" in order to permanently maintain growth at a reduced height. It shall be unlawful as a normal practice for any person, form or village department to top any street tree, park tree or other tree on public property. Trees may be periodically pruned or thinned in order to reduce the leaf mass and thus minimize damage from storms. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this subchapter at the determination of the Village Staff. All pruning shall be accomplished in accordance with the National Arborists Standards.
(6) Stumps. The stumps of all removed trees shall be ground out to at least three inches below the ground level, the chips removed, the soil cavity filled with soil and the area leveled. If the area where the tree is removed is to be paved, the top of the stump shall be groung out to at least six inches below the ground level.
(7) Mowing. Grass shall be mowed as necessary in order to encourage deep root growth and therefore the preservation of irrigation water.
(8) Overhanging. In order to assure the safe and unimpeded progress of fire and street equipment of the village in the performance of its designated functions, all trees, plants and shrubs that are within or adjacent to and overhanging any public street, highway, road or thoroughfare shall be maintained at a minimum height of 12 feet at the center line of the street, highway, road or thoroughfare and ten feet at the curb of the public way when the tree, plant or shrub is fully leafed. The Village Staff will require the property owner to shape the plant growth as specified above or may cause same to be maintained by Village Staff at the property owner's expense.
(9) Removal order. The Village Staff shall, upon knowledge of same, order to be removed any tree or part thereof on private property which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines or other public improvements, or is afflicted with any injurious fungus, insect or other pest.
(10) Right to remove. The village shall have the right to cause the removal of any dead or diseased trees on private property within the village, when the trees constitute a hazard to life and property, or harbor insects or disease which constitute a potential threat to other trees within the village.
(I) Procedures upon order to prune or remove.
(1) In conjunction with the provisions hereof above, the following procedures shall be used.
(a) When the Village Staff finds it necessary to order the pruning or removal of trees or plants infected with disease or infested with damaging or disease-carrying insects upon private property as provided for herein, he or she shall serve a written order upon the property owner to correct the condition creating danger or hazard to the public or to village vehicles or equipment.
(b) The order required herein shall be served by at least one of the following methods:
1. By personal delivery of the order to the property owner of record;
2. By mailing a copy of the order to the address of the owner of the property based on the most recent address on file in the office of the St. Clair County Assessor;
3. If the property owner cannot be located for service by the means specified in divisions (I)(1)(b)1. and 2. above, then a copy of the order shall be published twice not less than 15 days between publications in a local newspaper of general circulation.
(2) The order required herein shall set forth a time limit not earlier than seven days from the date of the order for compliance. In cases of extreme danger to persons or public property, the Village Staff upon finding a hazardous condition, shall have the authority to require forthwith compliance immediately upon service of the order.
(a) The property owner to whom an order thereunder is directed shall have the right within seven days of the service of the order, to appeal to the Village Board. The appeal shall be filed with the Village Clerk. The Village Board shall review the order and the property owner's reason for appeal not later than their next regularly scheduled meeting so long as the meeting is not sooner than seven days following receipt of the appeal by the Village Clerk. Unless the order is revoked or modified it shall remain in full force and be obeyed by the property owner to whom directed. No property owner to whom an order is directed shall fail to comply with such order within ten days after an appeal shall have been determined and a copy thereof served on the responsible person or party. Any persons or parties jointly or severally aggrieved by any decision of the Village Board under this section may seek a review of the decision by the Circuit Court of St. Clair County.
(b) When a property owner to whom an order is directed shall fail to comply within the specified period of time, the Village Staff shall remedy the condition or contract with others for such purpose and charge the cost thereof to the person or party.
(c) When, in the opinion of Village Staff, there is an actual and imminent danger from a damaged or diseased tree which would endanger life; or when any tree, or any part thereof, has fallen and life is endangered, the Village Staff is authorized and empowered to take whatever action as may be necessary to render the tree or part thereof temporarily safe, whether or not the notice procedure as previously described in this section has been instituted.
(d) The costs incurred in the performance of any procedure required as a result of conditions as outlined in divisions (G) and (H) above shall be billed to the owner of the real property where the work is performed. If such bill is not paid within 30 days after forwarding a statement therefore by the Village Staff, the costs shall be levied against the property upon which the work was performed as a special assessment. The levying of the assessment herein shall not affect the liability of the persons or parties where the work was performed. The special assessment shall be collected in the same manner as other taxes or unpaid village bills by placement of a lien on the property.
(J) Interference. It shall be unlawful to delay or in any manner or interfere with Village Staff in planting, pruning, spraying or removing any tree, shrub, vine or flowering plant in any public street, boulevard, alley, park or other public place, or in the removal of any stone, cement or other material from about the trunk thereof; to interfere with or delay the Village Staff in the removal of dangerous or diseased trees on private property; or to interfere with the Village Staff in the discharge of duties provided for in this subchapter.
(K) Penalties. Any person who violates any provision of this section of this Code or who fails to comply with any notice issued pursuant to the provision of this chapter upon being found guilty of violation, shall be subject to a fine in accordance with Chapter 34 of the Codified Ordinance Book. Each day during which any violation of the provisions of this section shall occur or continue shall be a separate offense. If, as the result of the violation of any provision of this section, the injury, mutilation or death of a tree, shrub or other plant located on village-owned property is caused, the cost of repair or replacement of the tree, shrub or other plant shall be borne by the persons or parties in violation. The replacement value of trees and shrubs shall be determined in accordance with the latest revision of A Guide to the Professional Evaluation of Landscape Trees, Specimen Shrubs, and Evergreens, as published by the International Society of Arboriculture.
(L) Landscape plan required. In conjunction with the requirements of other provisions of this subchapter and this Code with respect to site plan review and prior to the issuance of any building permit, a landscape plan shall be submitted to, reviewed by and approved by the Village Board. A landscape plan for each lot or parcel involved in the proposed development shall be prepared by and bear the seal of a licensed design professional. The landscape plan shall comply with the following requirements and contain the following elements:
(1) Be drawn to scale, including dimensions and distances;
(2) Delineate the existing and proposed parking spaces, or other vehicular areas, access aisles, driveways and similar features;
(3) Designate by name and location the plant material to be installed or preserved in accordance with the requirements of this section;
(4) Identify and describe the location and characteristics of all other landscape materials to be used;
(5) Show all landscape features, including areas of vegetation to be preserved, in context with the location and outline of existing and proposed buildings and other improvements on the site, if any;
(6) Include a tabulation clearly displaying the relevant statistical information necessary for the Village Board to evaluate compliance with the provisions of this section. This includes gross acreage, area of preservation areas, number of trees to be planted or preserved, square footage of paved areas and such other information as the Village Board may require;
(7) An irrigation plan indicating the location of sprinklers or water outlets; and
(8) Contain such other information that may be required by the Village Board to determine that the landscape plan meets the recommendations of this section.
(M) Enforcement. The enforcement of these provisions shall be carried out in the following manner: The provisions of this section which apply to properties and public and private street rights-of-way located within all zoning districts shall be enforced by Village Staff.
(Ord. 2018-12-03D, passed 12-3-2018)