11-9-12: HISTORIC BUILDINGS, LANDMARKS, SITES OR DISTRICTS:

Notwithstanding any other provision of this chapter, any landscaping or screening requirements herein are subject to the approval of the historic sites commission and plan commission in accordance with the applicable provisions of the zoning ordinance for any federal, state or local historic or landmark buildings or sites or for property located in any historic district 1 . (Ord. 04-01, 2-17-2004)

 

Notes

1	1. See title 2, chapter 2, "Plan Commission"; title 9, chapter 1, "Historic Sites Commission"; and title 10, "Zoning Regulations", of this code.

11-9-13: VIOLATIONS; REQUIRED CORRECTIONS; PENALTY:

   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)

11-9-14: TABLES OF APPROVED AND PROHIBITED TREE VARIETIES:

   TABLE I

   The trees in table I are recommended for planting

   in public and private parkway spaces.

Common Name	Scientific Name	Variety
Freeman maple	Acer freemanii	"Marmo"
Crimson king Norway maple	Acer plantanoides	"Crimson king"
Emerald luster Norway maple	Acer plantanoides	"Emerald luster"
Schwedler Norway maple	Acer plantanoides	"Schwedler green"
Green Mountain sugar maple	Acer saccharum	"Green Mountain"
Marshall seedless green ash	Fraxinum pennsylvanica	"Marshall's seedless"
Summit green ash	Fraxinus pennsylvanica	"Summit"
Ginko	Ginko biloba	Male only
Skyline honey locust	Gledista triacanthos	"Skyline"
Kentucky coffee tree	Gymnocladus dioicus	Male only
Golden rain tree	Koelreuteria paniculata
Tulip tree	Lirodendron tulipifera
Tupelo	Nyssa sylvatica
Swamp white oak	Quercus bicolor
Shingle oak	Quercus imbricaria
Bur oak	Quercus macrocarpa
Chinkapin oak	Quercus muhlenbergii
Chestnut oak	Quercus prinus
Shumard oak	Quercus shumardii
Peking tree lilac	Syringa pekinensis
Japanese tree lilac	Syringa reticulata	"Ivory silk"
American basswood	Tilia americana
Littleleaf linden	Tilia chordata	"Greenspire"
Redmond linden	Tilia euchlora	"Redmond"
Accolade hybrid elm	Ulmus wareii	"Accolade"
Japanese zelkova	Zelkova serrata	"Village green"

 

   TABLE II

   The trees in table II are recommended for planting in parks, golf

   courses, other green space, public areas or pursuant to

   subdivision or landscape approval.

Common Name	Scientific Name	Variety
White fir	Abies concolor
Hedge maple	Acer campestre
Amur maple	Acer ginnala
Red maple	Acer rubrum	"Red sunset"
Silver maple	Acer saccharinum
Ohio buckeye	Aesculus glabra
Black alder	Alnus glutinosa
River birch	Betula nigra
American hornbeam	Carpinus caroliniana
Shagbark hickory	Carya ovata
Chinese chestnut	Castaea mollissima
Common hackberry	Celtis occidentalis
Katsura tree	Cercidiphyllum japonicum
White fringe tree	Chionanthus virginicus
Yellowwood	Cladrastis lutea
Cornelian cherry dogwood	Cornus mas
Turkish hazel	Corylus colurna
Cockspur hawthorn	Crataegus crus-galli
Washington hawthorn	Crataegus phaenopyrum
Dotted hawthorn	Crataegus punctata
Persimmon	Diospyros virginiana
Blue ash	Fraxinus quadrangulata
European larch	Larix decidua
Sweet gum	Liquidamber styraciflua
Tulip tree	Liriodendron tulipifera
Magnolia	Magnolia x loebneri	"Merrill"
Crab apple	Malus sp.	"Adams"
Crab apple	Malus sp.	"Red baron"
Crab apple	Malus sp.	"Sentinal"
Crab apple	Malus sp.	"Zumi"
Dawn redwood	Metasequoia glyptostroboides
Ironwood	Ostraya virginiana
Amur cork tree	Phellodendron amurense
Norway spruce	Picea abies
Colorado blue spruce	Picea pungens
Limber pine	Pinus flexilus
Eastern white pine	Pinus strobus
Scotch pine	Pinus sylvestris
Himalayan pine	Pinus wallichiana
Sycamore	Platanus occidentialis
Sargent cherry	Prunus sargentii
Douglas fir	Pseudosuga menziesii
Wafer ash	Pteleas trifoliata
Ussurian pear	Pyrus ussuriensis
Red oak	Quercus rubra
Bald Cypress	Taxodium disticum
American arborvitae	Thuja occidentalis
Silver linden	Tilia tomentosa
Canad hemlock	Tsuga canadensis
Japanese elm	Ulmus japonica
Lace bark elm	Ulmus parvifolia
Willow
(Plus all trees in table I)

 

   TABLE III

   The trees in table III are not permitted

   to be planted in the village of Wayne.

Common Name	Scientific Name
Box elder maple	Acer negundo
Tree of heaven	Ailanthus altissima
Russian olive	Elaeagnus augstifolius
Honey locust	Gleditsia triacanthos
Mulberry	Morus species
London plane tree	Platanus acerfolia
Black locust	Robinia pseudo-acacia
American elm	Ulmus americana
Siberian elm	Ulmus pumila
Cottonwood

 

(Ord. 04-01, 2-17-2004)

11-9-15: TREE PLANTING AND MAINTENANCE SPECIFICATIONS:

Unless required to follow more stringent specifications, applicable forestry related projects in the village shall be completed in conformance to the specifications established in the Illinois department of transportation "Standard Specifications For Road And Bridge Construction", adopted January 1, 1997, the "Standard Specifications For Traffic Control Items", adopted April 1989, and specifically section 253 thereof, which establishes specifications for furnishing, transporting and planting woody species, and mulching, bracing, wrapping, weeding and replacement of plants. (Ord. 04-01, 2-17-2004)

11-9-16: OBSTRUCTIONS AND HAZARDOUS TREES:

   A.   Obstructions: It shall be the duty of any person(s) owning or occupying real property bordering on any roadway, public access easement and any other right of way to prune any trees and other vegetation located on said property in such manner that they will not obstruct or shade the streetlights, obstruct the passage of pedestrians on sidewalks, obstruct vision of traffic signs or obstruct the view of any street or alley intersection. The minimum clearance of any overhanging portion of trees and other vegetation thereof shall be ten feet (10') over sidewalks and twelve feet (12') over all roadways, except in the case of truck thoroughfares, which shall have a clearance of sixteen feet (16').

   B.   Hazardous Trees: It shall be the duty of any person(s) owning or occupying real property bordering on any roadway, public access easement or any other right of way to remove any trees (or portions thereof) located on said property which, due to storm damage, disease or any other causes, have died or become diseased, loose, broken, cracked, leaning or otherwise hazardous (hereinafter "hazardous") because of the increased risk that said trees (or portions thereof) may fall onto the public ways.

   C.   Notice To Prune Or Remove: Should any person(s) owning real property bordering on any roadway, public access easement and any other right of way fail to properly prune trees and other vegetation as hereinabove provided or to properly remove hazardous trees (or portions thereof) as hereinabove provided, the tree board (the village president and board of trustees) shall order such person(s), within ten (10) days after receipt of written notice, to so prune or remove such trees (or portions thereof) and other vegetation. The notice shall be by either: 1) certified mail, return receipt requested; 2) first class mail; or 3) personal service. The person who serves such notice shall complete an appropriate affidavit of service in the event notice is served by first class mail or personal service.

   D.   Right To Appeal: Any person receiving a notice as hereinabove provided shall have the right to appeal. The appeal shall be in the form of a letter to the tree board and shall outline the specific reasons and justification for the appeal and shall request a hearing before the tree board. The appeal must be received within five (5) days of the receipt of said notice. The decision of the tree board made after hearing the appeal shall be final.

   E.   Failure To Comply; Pruning Or Removal By Village: When a person to whom a notice to prune or remove is directed shall fail to comply within the specified time, it shall be lawful for the village to cause such trees or other vegetation to be pruned or removed at reasonable cost, which shall be reimbursed by the property owner within thirty (30) days.

   F.   Emergency Pruning Or Removal: The village may provide for the emergency pruning or removal of trees or other vegetation from property not owned by the village or dedicated for public use, without prior notice to the owner of such property, if a certified arborist determines them to pose an immediate hazard to any roadway, public access easement or other right of way over which the village has control. The pruning or removal shall be at a reasonable cost, which shall be reimbursed by the property owner within thirty (30) days.

   G.   Lien:

      1.   All village costs for pruning or removal not reimbursed shall be a lien upon the real estate affected, superior to all other liens and encumbrances, except tax liens. Within ninety (90) days after said costs are incurred, the village shall file a notice of lien in the office of the recorder of deed of DuPage or Kane County, Illinois, whichever is applicable. Said notice shall consist of a sworn statement setting out: a) a description of the real estate sufficient for identification thereof; b) the amount of money representing the cost and expense incurred or payable for the service; c) the date or dates when said cost or expenses were incurred and payment thereof became delinquent.

      2.   The failure to record the lien or failure to record within said ninety (90) day period shall not relieve the owner of the property (as determined at the time the pruning or removal violation occurred) of the obligation to reimburse the village in full, and such obligation will continue in effect until paid.

   H.   Lien Release: Upon payment of the cost and expenses, including the cost of recording said notice, and, in addition, the payment of a fifteen dollar ($15.00) release fee, by the owner of or persons interested in said lot, piece or parcel of land, a release of said lien by the village or person in whose name the lien has been filed shall be delivered to the person so paying the cost and expenses. (Ord. 04-15, 10-19-2004)