A. Tree Preservation Plan: In connection with projects involving the construction of new homes, additions or detached accessory buildings requiring building permits, a tree preservation plan shall be filed with the building permit application in order to assure that all buildings and other structures shall be located upon a lot or parcel of land in such a way as to minimize tree damage and/or removal, consistent with the various setback requirements of the village zoning ordinance. The tree preservation plan shall specify the following:
1. Tree preservation area and building activity area upon the lot or parcel of land for which a building permit application has been filed; and (Note: The tree preservation area shall be protected physically from the building activity area by a barrier to prevent penetration of construction vehicles, materials, spoils and equipment into or upon the tree preservation area.)
2. The general contractor, who shall be responsible for the construction, erection and maintenance of temporary fencing or other physical barrier around tree preservation areas so that all trees in tree preservation areas shall be preserved.
B. Tree Removal Permit: A tree removal permit will be issued only in the event the village finds that all reasonable efforts have been undertaken in the architectural layout and design of the proposed development to preserve existing trees. No building permit will be issued unless the tree preservation plan has been filed with the building permit application and approved by the village arborist.
C. Protection Of Trees: During construction all reasonable steps necessary to prevent the destruction or damaging of trees (other than those specified to be removed) shall be taken, including, but not limited to, the following:
1. No construction activity, movement and/or placement of equipment or material or spoils storage shall be permitted outside the building activity area or within the tree preservation area. No excess soil, additional fill, liquids or construction debris shall be placed within the root zone of any tree that is required to be preserved;
2. Crushed limestone, hydrocarbons and other materials detrimental to trees shall not be dumped within the root zone of any tree, nor at any higher location where drainage toward the tree could conceivably affect the health of the tree;
3. Appropriate protective fencing shall be temporarily installed for protection of remaining trees;
4. All required protective fencing or other physical barrier must be in place and approved by the village arborist prior to beginning construction. The fencing must remain in place during the entire construction period to prevent the impingement of construction vehicles, materials, spoils and equipment into or upon the tree preservation area. All fencing must be secured to metal posts driven into the ground spaced no further than ten feet (10') apart;
5. No attachments, fences or wires, other than those approved for bracing, guying or wrapping, shall be attached to trees during the construction period;
6. Other measures such as construction pruning and root pruning of trees directly impacted by construction must also by indicated on the plan or on an accompanying sheet and approved by the village arborist; and
7. Unless otherwise authorized by the tree removal permit, no soil is to by removed from within the root zone of any tree that is to remain.
D. Failure To Abide; Unlawful: It shall be unlawful for any person, firm or corporation to fail to abide by the terms of any tree preservation plan pursuant to which a building permit or tree removal permit has been issued.
E. Stop Work Order: If, in the opinion of the village arborist, the necessary precautions as specified in the tree preservation plan were not undertaken before construction commenced, or are not maintained at any time during construction, a stop work order shall be issued by the building commissioner until such time as the permittee complies with the precautions herein.
F. Road Construction: Tree preservation during road construction shall be strictly enforced. Specific requirements of tree preservation during road construction are available from the village arborist. (Ord. 03-31, 8-4-2003)