A. Purpose: The purpose of this chapter is to preserve trees on both public and private property and, in the event that tree removal is necessary, to ensure that appropriate replacement trees are planted. This chapter is also intended to minimize erosion and storm water runoff, provide buffers between neighboring properties, preserve historic and rural streetscapes, minimize the visual and environmental impacts of paved surfaces and buildings, and ensure landscaping in conjunction with new development and redevelopment in a manner that preserves native vegetation. This chapter is intended to balance the property rights of individual property owners with those of the overall health, safety and welfare interests of the village and its residents.
B. Definitions: Unless otherwise defined herein or unless defined in the subdivision regulations and/or the zoning ordinance 1 , all terms used in this chapter shall be given their ordinary and customary meanings. In the context of this chapter, the following words and phrases shall be ascribed the following meanings:
APPLICANT: An owner, occupant, or a representative of an owner or occupant of a lot, parcel or tract of land which is the subject of a development petition or any person who applies for a tree removal permit.
BUILDING ACTIVITY AREA: The portion of a property within which development activity, including grading, excavating, storage of materials, construction access, and construction of both main buildings and accessory structures, including, but not limited to, pools and tennis courts, may occur.
CONSERVATION AREA (EASEMENT): An area within which all existing vegetation shall be preserved for the purpose of retaining the natural character of the area and providing screening from adjacent uses or a public or private street. No plant material shall be removed from or planted in a conservation area without a permit from the village engineer authorizing removal or planting. Conservation areas are established as part of the subdivision process. No solid fences may be located in a conservation area. (Also referred to as preservation areas on some subdivision plats.)
CRITICAL ROOT ZONE: An area on the ground extending out from the trunk of the tree in all directions a distance of one foot (1') for every inch DBH.
CUTTING: Felling or removal of a tree, or other vegetation or any procedure that results in the death or substantial destruction of a tree or other vegetation. Cutting does not include normal pruning or trimming of trees or vegetation consistent with this chapter.
DEVELOPMENT PETITION: Any application for subdivision, resubdivision or any form of zoning relief, including, but not limited to, map amendments, text amendments, special use permits, or variations from the subdivision regulations or zoning ordinance and any application for any activity requiring the issuance of a grading, building, fence, utility or demolition permit.
DIAMETER BREAST HEIGHT (DBH): The diameter of a tree measured at fifty four inches (54") above the ground.
HERITAGE TREE: Any tree having a twenty five inch (25") or larger DBH.
HERITAGE TREE AREA: That area of a lot or parcel within the critical root zone of a heritage tree.
INCH FOR INCH REPLACEMENT: The planting of one or more trees in place of trees that have been removed. The new tree, or trees, shall equal, in total DBH inches, the DBH of the tree or trees removed.
NOXIOUS SPECIES: Noxious species consist of undesirable nonnative and native invasive species. "Nonnative species" are those plants that were not historically found in Wayne in presettlement times. "Invasive species" are those plants that establish readily, expand in numbers rapidly and out compete noninvasive native vegetation. Noxious species threaten native plant communities by displacing noninvasive native species and the removal of noxious species is desirable and encouraged.
PROPERTY SUBJECT OF A DEVELOPMENT PETITION: Any property which is the subject of a development petition.
PROTECTED AREA: Any area in which tree protection measures are required pursuant to this chapter, including, without limitation, any conservation area, heritage tree or heritage tree area, streetscape preservation area, or tree preservation area.
PUBLIC UTILITY: Any firm or corporation performing a public service and subject to regulation by the Illinois commerce commission or any other state or federal regulatory agency including, but not limited to, those holding a certificate of necessity and convenience. "Public utility" shall mean and include, without limitation, firms or corporations providing or transporting electricity, water, sanitary or storm sewage, natural gas, petroleum, as well as telephone, telegraph, radio, television, cellular telephone or vehicular mobile radio service and railroads.
REMOVE OR REMOVAL: The act of causing a tree to be cut down or to die through damaging, poisoning or other direct or indirect action.
STREET TREE: A tree located in the public right of way and maintained by the village.
STREETSCAPE PRESERVATION AREA: The portion of property consisting of the twenty feet (20') closest to the lot line on any lot or parcel of land located in every front and corner side yard as such yards are defined in the zoning ordinance, provided, however, that any part of a lot or parcel within a streetscape preservation area which has been dedicated to or conveyed to the village pursuant to the Wayne historical and rural preservation program (title 9, chapter 2 of this code) shall be counted toward the streetscape preservation area.
TREE PRESERVATION AREA: The portion of property consisting of the twenty feet (20') closest to the lot line on any lot or parcel of land in every interior side yard and rear yard as such yards are defined in the Wayne zoning ordinance, provided, however, that any part of a lot or parcel within a tree preservation area which has been dedicated to or conveyed to the village pursuant to the Wayne historical and rural preservation program (title 9, chapter 2 of this code) shall be counted toward the tree preservation area. (Ord. 04-01, 2-17-2004)
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