A. Tree Removal: Removal of any tree in violation of this chapter shall be punishable by a fine of not more than seven hundred fifty dollars ($750.00) per violation, with every inch of the tree measured at DBH being a separate violation. The diameter of any trees that are removed prior to the issuance of a permit shall be determined by the diameter of the stump where cut at six inches (6") from surrounding ground level. In the case where a stump has been removed, the diameter of the tree shall be determined by the village engineer based on a prior tree survey or an aerial photo. In addition to the applicable fine, each tree removed, or determined by the village engineer to be irreparably damaged, shall be replaced consistent with this chapter.
B. Replacement: In issuing a permit authorizing the removal of a tree pursuant to this chapter or in establishing the replacement requirement for a tree as required by this chapter, the size of each replacement tree shall be no less than three inches (3") DBH at the time of planting. The location and the species of the replacement tree shall be approved by the village engineer. The village engineer may waive or reduce the requirement for planting a replacement tree, or trees, if such action is consistent with the purposes of this chapter.
C. Removal Of Vegetation In Protected Areas: Removal of vegetation in conservation areas, in the public right of way and in other areas protected by this chapter shall be punishable by a fine of not more than seven hundred fifty dollars ($750.00) per violation, with every one hundred (100) square feet of land area cleared or fraction thereof being a separate violation. A replacement landscape plan shall be submitted for approval within thirty (30) days of the violation. The landscape plan shall be designed to restore the area to its previous planting density with native vegetation. In addition to the fine, a cash bond shall be posted with the village to ensure replanting of the area in a manner consistent with the vegetation removed subject to the approval of the village engineer as specified in this chapter. The amount of the cash bond shall be one hundred percent (100%) of the cost of replanting. Replanting shall occur within a time frame as established by the village engineer and interim measures shall be required by the village engineer to prevent storm water run off and erosion.
D. Tree Trimming And Pruning: Trimming or pruning of any tree by for profit tree services or utility companies in violation of this chapter shall be punishable by a fine of not more than five hundred dollars ($500.00) per violation with each tree trimmed or pruned being a separate violation. In the event that the trimming or pruning is determined by the village engineer to likely cause the death of the tree or shrub, the provisions of subsection A of this section shall be applicable in lieu of this subsection.
E. Tree Or Vegetation Removal; Stop Work Order: The building or zoning director or his designee, upon the recommendation of the village engineer, shall have the authority to stop work at a site if unauthorized tree or vegetation removal is occurring. Once a stop work order is issued, work shall not commence until: 1) the necessary permits have been issued, 2) any applicable fine has been paid, and 3) the requirements of subsections A through C of this section have been satisfied. Violations of a stop work order shall result in a fine of five hundred dollars ($500.00) for every activity in violation of the stop work order, and any violation of a stop work order shall subject the offending person to arrest.
F. Tree Fencing Violation: Removal or partial removal of, or failure to maintain in a full upright position, any required protective tree fencing, except in accordance with a tree removal permit or an approved tree protection plan, shall constitute a violation of this chapter that is subject to a fine of not more than five hundred dollars ($500.00) for each day that the violation continues. The village engineer shall have the authority to stop work at a site if a violation of the tree fencing requirement is found to exist. Once a stop work order is issued, work shall not commence until the fencing has been reinstalled and approved by the village engineer and all applicable fines have been paid.
G. Tree Fencing Violation; Repeated Offenses: In the case of a repeated violation of the tree fencing requirement, in addition to all applicable fines, erection of a chainlink fence may be required before work is allowed to commence on the site.
H. Storage Of Soil, Fill Material, Construction Materials And Equipment: Storage of any materials or equipment within the areas protected by tree preservation fencing or within ten feet (10') of any tree identified for preservation on the site plan, is prohibited and shall be subject to a fine of not more than five hundred dollars ($500.00) for each day that the violation continues. The village engineer shall have the authority to stop work at a site if materials or equipment are found to violate this provision. Once a stop work order is issued, work shall not commence until the materials and equipment are removed from the protected area, any protective fencing has been reinstalled and approved by the village engineer, and all applicable fines are paid.
I. Fines For All Other Violations: Any other violation of this chapter shall be subject to a fine of not more than seven hundred fifty dollars ($750.00) for each day that the violation continues. In the event that the fines set forth in subsection A or C of this section are determined to be inapplicable or invalid, then a minimum fine of seven hundred fifty dollars ($750.00) shall be assessed each day that the violation continues without correction.
J. Injunctive Relief: In addition to any fine permitted or required to be imposed hereunder, the village may seek injunctive relief to prevent an actual or threatened violation of this chapter, and may also seek mandatory injunctive relief to require the replacement of any trees, hedgerows, or other natural areas damaged or removed contrary to the provisions of this chapter, the board of trustees finding that the village will be irreparably harmed by the removal of, or damage to, trees, hedgerows or other natural areas or resources contrary to the provisions of this chapter, and that the imposition of a fine alone is an inadequate remedy for such violations.
K. Appeals: Appeals from any administrative decision made under this chapter may be taken by the applicant or by any other person adversely affected by the decision, to the tree board in the same manner as with the procedures relating to appeals to the zoning board of appeals in the Wayne zoning ordinance. (Ord. 04-01, 2-17-2004)
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