A. Approval: In approving a development petition, the historic sites commission, plan commission, the zoning board of appeals or board of trustees may establish conditions of approval that further the stated purpose of this chapter.
B. Issuance Of A Permit: Prior to the issuance of a building permit for any grading, building, utility or demolition activity, plans shall be submitted to the village for approval to ensure preservation of trees and vegetation in accordance with this chapter.
C. Applications: All applications for development shall include the following information in a form acceptable to the village and as further detailed in the permit application materials available from the village. Any of the requirements may be waived by the village engineer if the existing trees and vegetation on the site are not subject to the provisions of this chapter due to size, species or condition.
1. Tree Survey: The survey shall include information on all existing trees eight inches (8") DBH or larger and clusters of six (6) or more trees of at least four inches (4") DBH. Information shall include the location, size, species and condition of each tree. Each tree shown on the survey shall be tagged on the site.
2. Grading Plan: A plan shall be submitted showing the existing elevation of a site and the location and amount of all proposed grading and fill. All existing trees eight inches (8") DBH or larger and all clusters of six (6) or more trees of at least four inches (4") DBH shall be reflected on the plan.
3. Plan Of Conservation Areas, Tree Preservation Areas And No Disturbance Areas: The site plan shall reflect all conservation, tree preservation, streetscape preservation and landscape areas.
4. Landscape Plan: A landscape plan shall be submitted to provide for screening of a development from the roadway and from adjacent parcels and uses. In addition, the plan shall provide for screening of buildings, mechanical equipment and parking areas. The landscape plan shall also provide for landscaping of the entrance to the development, the streetscape area, ponds, drainage swales, berms or common areas. The landscape plan shall be consistent with the provisions of this chapter and designed based on the village of Wayne landscape guidelines and approved planting list as they may be established by the board of trustees or its designees from time to time. (Subdivisions and planned developments only.)
5. Location Of Utilities: A plan shall be submitted showing the proposed location of all utilities. All existing trees eight inches (8") DBH or larger and all clusters of six (6) or more trees of at least four inches (4") DBH shall be reflected on the plan. Utilities shall be located in the driveway areas to minimize the impact on the trees on the site. Alternative locations for utilities may be approved by the village engineer if found to be consistent with the purpose of this chapter. (Subdivisions and planned developments only.)
6. Street Tree Plan: A plan for the planting of trees along both private and public streets shall be submitted consistent with the street tree regulations of this chapter. (Subdivisions and planned developments only.)
7. Building Envelope: The final plan or plat of subdivision shall reflect building envelopes that minimize impacts on trees identified for protection on the subdivision plat and by this chapter. (Subdivisions and planned developments only.)
D. Tree Replacement:
1. All Sites: Any tree, five inches (5") in diameter or greater, for which approval has been requested and obtained by the applicant to be removed from any site, parkway or proposed right of way pursuant to an approved site plan or permit for a building or other approved use or grading and filling, a petition for approval of a preliminary plat of subdivision or planned development, or a request to the village board to clear or remove trees from vacant property shall, if removed, be replaced, unless such requirement is waived pursuant to the waiver provisions of this chapter.
All trees, five inches (5") in diameter or greater, regardless of variety, shall be replaced by trees of approved varieties, the diameter of which in total equals the diameter of the tree removed, rounded upward, but in no event shall replacement trees be less than two and one-half inches (21/2") in diameter measured twelve inches (12") from the ground, and thirty five percent (35%) of such replacement trees shall have a diameter of three inches (3") or more measured in the same manner. For example, if a six inch (6") diameter tree is removed and replaced by three inch (3") diameter trees, two (2) 3-inch diameter trees are required, and such trees shall be planted as close to the location of the existing trees to be removed as practical, but in no event further than two hundred feet (200') from such location.
2. Trees Killed Due To Construction: Trees to be preserved and protected which die, or are in poor condition, (as a result of construction or related activities) within twelve (12) months after the issuance of a certificate of occupancy, or acceptance of land improvements by the village engineer shall be replaced by the applicant in accordance with the method indicated in subsection D1 of this section.
3. Failure Of Replacement Trees To Survive: Replacement trees planted pursuant to these regulations which die, or are in poor condition, within eighteen (18) months after planting shall be replaced by the person originally obligated to plant such trees, in accordance with the method indicated in subsection D1 of this section.
4. No Credit For Replacement Trees: Credit for replacement trees planted pursuant to provisions of this section will not be given with respect to satisfying obligations to plant additional or new trees under this chapter or other village ordinances and regulations.
5. Approved Tree Varieties: Replacement trees shall be varieties approved for the intended location as listed in section 11-9-14 of this chapter. Only tree varieties listed in table I, section 11-9-14 of this chapter may be planted in any village or private right of way. Tree varieties listed in tables I and II, section 11-9-14 of this chapter may be planted in parks, golf courses, other open space, public areas, gardens or private property. Any tree variety not specifically prohibited pursuant to this chapter may be planted on any lot containing a single-family detached residence. Tables I, II and III are set out in section 11-9-14 of this chapter.
E. Waiver:
1. Credit For Existing Trees: Subject to the replacement provisions of this chapter, if trees existing on a site are preserved, a waiver of the requirement for the planting of some or all of the trees required by the subdivision or other regulations of the village may be obtained as follows:
a. Parkway, Public Or Private Open Space Trees: The plan commission may recommend and the village board may waive a portion or all of the requirement to plant parkway or public or private open space trees if trees, of an approved variety, existing in rights of way or property designated as public or private open space are retained and survive and are in good condition twelve (12) months after acceptance of adjacent land improvements by the village engineer.
b. Residential: With respect to single-family sites, the village board may waive a portion or all of the requirement to plant additional trees due to the existence and retention of approved varieties on the property.
2. Tree Replacement Requirements: It is the general desire of the village to retain all existing tree rows, woodlands, hedgerows and undergrowth in the village, regardless of the quality of the horticultural varieties, in order to maintain a natural habitat for wildlife, and this objective can conflict with the efficient or desired plan of development or use of sites. Accordingly, applicants and petitioners, when presenting site plans or requesting approval of permit applications for buildings or other permitted uses or grading and filling, must submit information which will demonstrate their attempt to retain existing trees, woodlands, hedgerows and undergrowth. An applicant or petitioner may request a waiver from any requirement to replace trees or vegetation which must be removed to accomplish the objectives of the plan and/or permit application. The village board may approve such waiver in the case of undue or unreasonable hardship after considering the attempts made by the applicant or petitioner to preserve existing trees, the reasons given for needing removal, the explanation submitted as to why tree replacement should be waived, and the landscape plan details submitted with the plan.
F. Fees: The village board, plan commission or building and zoning department may, at its option, based on the particular site, and after providing written notice and a written estimate to the applicant, require the services of an arborist certified in the state for consultation, advice and inspection, in which event the applicant shall reimburse the village for the fee charged by the arborist for such consultation. The applicant shall also reimburse the village for any other review fees incurred by the village in connection with this chapter. (Ord. 04-01, 2-17-2004)
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