This section shall be known, cited, and referred to as the WINFIELD TREE PRESERVATION REGULATIONS.
A. Purpose And Intent: While allowing for improvement of land within the village, it is the stated public policy of the village to maintain existing trees within the village and to add to the tree population within the village, where possible. The preservation of existing trees in the village and the planting of additional trees are intended to accomplish the following objectives:
1. Establish regulations limiting the removal and ensuring the replacement of trees from lands within the village;
2. Preserve trees as an important public resource enhancing the quality of life and the general welfare of the village and enhancing its unique character and aesthetic environment;
3. Encourage the protection of healthy trees and provide for the replacement and/or replanting of trees that are necessarily removed during construction, development, or redevelopment;
4. Safeguard and enhance the ecological and aesthetic environment of the village and its citizens;
5. Dissuade the clearing and disturbing of land so as to preserve the existing natural vegetation with plant material indigenous to the region;
6. Preserve existing landscape buffers to minimize the impact of adjoining differing land uses;
7. Enhance and protect the aesthetic character of roadway corridors;
8. Reduce the surface heat through shade provided by trees;
9. Mitigate the negative visual and noise impact of vehicle traffic;
10. Protect and enhance property values;
11. Remove trees which pose a threat, danger, or nuisance to the public or to property in the village; and
12. Recognize and assume the responsibility of the village of Winfield by its immediate proximity to no fewer than five (5) forest preserves as a buffer between unchecked development and the habitat improvement priority of the forest preserve district of DuPage County (FPDDC).
B. Definitions: The following definitions apply to the terms used in this section:
ANSI A300: An American national standard for tree care operations covering standard practices for tree, shrub, and other woody plant maintenance. These standards are intended to apply to any person, or entity engaged in the business, trade, or performance of repairing, maintaining, or preserving trees.
ARBORIST: A person who, based on training and experience, for profit, diagnoses the condition of shade or ornamental trees and shrubs and recommends or supervises the treatment of any such trees, or in any manner treats such trees, by feeding or fertilizing, or by pruning, trimming, bracing, treating cavities or other methods, and is a member in good standing in a reputable nationally recognized professional arborist association or is so licensed.
CROWN: Parts of a tree above the trunk including leaves, branches, and scaffolds.
dbh: Diameter at breast height; the average diameter (outside the bark) of a tree 4.5 feet above mean ground level.
DAMAGE: The taking of any direct or indirect action that causes, or is reasonably likely to cause, the death of a tree or a significant loss to a tree's structural integrity including, without limitation, destruction, poisoning, carving, altering drainage, mutilating, girdling, severing the main trunk, leader, or large branches, touching with live wires, crushing or exposing the roots, digging or drilling any hole or trench within the drip line, filling with soil or other materials within the drip line, compacting a substantial portion of the soil in the drip line, or moving a tree to another location. Without limiting of the foregoing, "damage" does not include the pruning of trees in accordance with "Standard Practices For Tree, Shrub, And Other Woody Plant Maintenance" (ANSI A300) and "Tree Pruning Guidelines" published by the International Society Of Arboriculture or similar standards and guidelines recommended by the village.
DRIP LINE: A line drawn on the ground surface directly beneath and perpendicular to the maximum radius of the crown of an existing tree but not less than six feet (6') from the trunk, whichever is greater.
NONPROTECTED TREE: Vegetation not subject to the tree preservation regulations as noted in section 10-2-15-2, table 2 of this chapter.
NORTHERN GROWN TREES: Those trees cultivated within one hundred fifty (150) miles of the village of Winfield.
PROTECTED TREE: Any tree native to woodland habitats of the upper DuPage River watershed and otherwise noted in section 10-2-15-2, table 1 of this chapter having a trunk size of six inches (6") or greater dbh located on property subject to zoning board of appeals, plan commission or village board approval for zoning relief including, but not limited to, planned unit developments, variations and special use permits or a public tree. This includes multistemmed trees with a main trunk size of six inches (6") dbh or greater.
PRUNING: The cutting or trimming of trees in accordance with "Standard Practices For Tree, Shrub, And Other Woody Plant Maintenance" (ANSI A300) and "Tree Pruning Guidelines" published by the International Society Of Arboriculture or similar standards and guidelines recommended by the village.
PUBLIC TREE: Any tree located on the dedicated right of way of all public roads and streets (parkway trees) in the village within or adjacent to a residential zoning district is designated as a protected tree.
REMOVE OR REMOVAL: The causing or accomplishing of the actual physical removal of a tree or the effective removal through damaging, poisoning, or other direct or indirect action resulting in, or likely resulting in, the death of a tree.
REPLACEMENT TREE: A nursery grown certified tree, properly balled and burlapped, meeting the requirements specified within section 10-2-15-2, table 1 of this chapter.
TREE: Any self-supporting, woody plant together with its root system, growing upon the earth usually with one trunk, or a multistemmed trunk system, supporting a definitely formed crown.
TREE PRESERVATION PLAN (TPP): A written plan indicating the methods which are to be used to preserve a public tree or protected tree during construction, and shall include a tree survey. The document shall be coordinated with and, where applicable, made a part of a site grading plan or development plan.
C. Scope: These regulations establish a policy of the village as it relates to the preservation of existing trees, landscaping, and public tree planting. The provisions of these regulations shall apply generally and uniformly to all sites and to all public trees as defined herein. The village manager or designee shall administer and enforce these regulations. The village manager or designee shall implement and promote the purposes and provisions of these regulations consistent with good forestry practice. Without limiting the generality of this authority, these regulations may among other things prescribe:
1. Classification of tree species considering related desirability, hardiness, and disease and pest resistance for tree preservation and replacement purposes;
2. Specifications for protecting trees during construction activities;
3. Procedures for permit and plan review and approval;
4. Requirements for tree replacement plans;
5. Requirements for tree protection, construction envelope, and conservancy area fencing;
6. Establishment of a method to provide for tree replacement and/or a formula for determining the value of the tree considering the size, condition, and species value of the tree to be replaced; and
7. Evaluation and assessment of construction sites.
D. Coordination With Other Development Regulations: The provisions of these regulations shall be cumulative with consistent provisions of other regulations of the village and to the extent consistent shall be applied and enforced simultaneously. Whenever inconsistent, the provision resulting in the maximum protection, preservation, or planting of trees or the highest quality of trees shall govern. No approvals or permits issued pursuant to such regulations and codes shall be deemed to authorize the killing, destruction, removal, or planting of trees without also complying with the applicable provisions of these regulations.
E. Tree Preservation Plan:
1. Condition To Issuance Of Permit: As a condition to approval by the plan commission, zoning board of appeals or village board for any zoning relief including, but not limited to, planned unit developments, variations, and special use permits, the owner shall show that a hardship exists upon the owner as distinguished from an inconvenience if the owner is not allowed to remove the tree and shall submit a tree preservation plan that includes the information and detail specified herein.
2. Tree Preservation Plan (TPP): A TPP must include the following information and detail:
a. The scale shall be the same as that of the site plan if a site plan is submitted; the minimum scale for drawings is one inch equals fifty feet (1" = 50').
b. The shape and dimensions of the lot or parcel, together with the existing and proposed locations of structures and improvements, including existing and proposed utilities.
c. Locations and dimensions of all building and parking lot setbacks and existing or proposed easements.
d. Scaled depictions of the location, size, condition, drip line and tag number of all protected trees located on the property. Actual drip lines of trees must be shown; generic icons for trees that do not represent the tree drip line are not acceptable. Tree location surveys are to be prepared by a registered land surveyor and verified on site by a registered landscape architect, certified arborist or forester. Both professionals must verify the contents by seal or signature, whichever applies; and locations of all existing trees with a trunk size of six inches (6") dbh, including trees within the adjoining street rights of way, within twenty five feet (25') of the property lines to be affected by the development (such as trees located within areas of right of way improvements or off site utility work). Nonprotected tree species need not be included. Trees proposed to remain shall be shown with a solid dot. Trees to be removed shall be shown with an "x". Trees to be relocated shall be shown with a hollow dot.
e. All trees shall be tagged in the field with identifying numbers, using noncorrosive metal tags; a table identifying trees by size, common name, scientific name, condition, and tag number shall be provided.
f. A list of all of the trees to be preserved and removed shall be provided along with the survey.
g. The existing and proposed grade at the base of each tree shall be indicated on the tree location survey either through showing existing and proposed contours at a minimum two foot (2') interval or showing existing and proposed spot grades.
h. If existing trees are to be relocated, the following shall be required: The proposed location for such trees, together with a statement as to how such trees are to be protected and/or stored during land clearance and construction and how they are to be maintained after construction.
i. A protection plan for remaining protected trees, including the type of protective fencing, in accordance with the standards set forth in these regulations shall be detailed.
F. Removal Of Protected Trees:
1. If the village determines that preservation of trees cannot be accomplished while facilitating a development or improvement project, the owner shall provide for the replacement of the trees or payment in lieu for the value of the trees lost (as provided in subsection H of this section).
2. An owner that removes a public tree or a protected tree shall provide replacement of such tree(s) in accordance with a tree replacement plan approved by the village.
3. An owner that has damaged a public tree such that the tree is dying or diseased or is likely to die or become diseased shall replace such tree(s) in accordance with a tree replacement plan approved by the village.
4. An owner that has damaged a protected tree such that the tree is dying or diseased or is likely to die or become diseased shall provide replacement of such tree(s) in accordance with a tree replacement plan approved by the village.
G. Replacement Trees:
1. Any owner required by these regulations to make replacements for trees as a part of the approved tree preservation plan shall make all such replacements with a replacement tree selected from the village's recommended species listed in section 10-2-15-2, table 1 of this chapter. Replacement trees shall either: a) equal or exceed the same dbh size as trees removed; or b) consist of smaller trees, not less than three inches (3") dbh, which add up to the caliper of the original tree.
2. Replacement trees shall be documented on the final site plan or landscape plan.
3. Replacement trees must be either balled and burlapped, or containerized trees. They shall be northern grown in a nursery, and shall have been transplanted not more than twice, the last transplanting being not less than four (4) years prior to planting. All trees shall be tagged and identified as to species, size, and place of origin. The developer prior to inspection by the village shall not remove such tags. All trees (original or replacement) determined by the village not to be of vigorous growing condition after two (2) growing seasons shall be replaced at the beginning of the next succeeding planting season, at no cost to the village. Documentation showing one hundred percent (100%) survivorship shall be supplied to the village.
4. A performance bond or letter of credit shall be submitted with the tree replacement plan as a guarantee that protected trees will be replaced pursuant to the plan. The total bond or letter of credit shall be the replacement cost as established in these regulations.
5. Replacement of protected trees shall be made within twelve (12) months of the date of issuance of a building permit. The village upon request may grant an extension of not more than twelve (12) months' time. Upon the planting of the replacement trees and after the inspection and approval of the replacement trees by the village representative, the amount of cash tree replacement fee guarantee will be refunded to the applicant.
6. If a protected tree is damaged or razed during the construction process in violation of the approved tree preservation plan, such tree shall be replaced with new trees in accordance with the exchange rate, from the village's recommended species listed in section 10-2-15-2, table 1 of this chapter. Village staff may, with just cause, waive some or all of the following exchange rate due to unavoidable circumstances. Final plans for the exchange rates or replacement trees are subject to review and approval by the village.
7. Trees that are measured by height using arboricultural industry standards (i.e., evergreens, etc.) that are removed shall be replaced with the necessary number of trees to equal the height of the tree being replaced. In order to maintain an equal exchange rate, if trees that are measured by caliper inches are being replaced by trees measured by height; or if trees measured by height are being replaced by trees measured by caliper inches; the number of replacement trees planted shall be equal to or greater in cost than the type and number of trees being removed.
8. For the purposes of interpreting this section, if there is a fraction of an inch measurement less than one-half inch (1/2"), it may be disregarded. If the fraction is one-half inch (1/2") or greater, it shall be counted as one inch (1"). Such replacement shall be made within twelve (12) months of the date of the removal of any protected tree(s) for which such replacement tree is required.
9. All replacement trees shall be a minimum trunk size of three inches (3") dbh. Any combination of tree sizes having a minimum of three inches (3") dbh may be used to meet the requirement.
H. Cash In Lieu Of Replacement Trees: If it is determined by the village that an insufficient area exists on the subject site that would support any or all of the replacement trees, the property owner shall contribute one hundred percent (100%) of the cost of the replacement trees to the village. The village recognizes the International Society Of Arborists' "Guide For Plant Appraisal" as the preferred method of determining the value of replacement trees. A proposed dollar value, along with supporting documentation for the proposed dollar value for the cost of the replacement trees shall be submitted to the village for review and approval. The village shall determine the replacement rate for trees requiring replacement pursuant to the guide set forth in section 10-2-15-5 of this chapter. Said funds shall be deposited into the general facilities and equipment fund as a separate and distinct line item entitled "tree replacement program" and be used for the sole purpose of planting trees at locations determined by the village or hiring an arborist for professional consultation.
I. Acceptable Tree Protection Methods: All trees on the subject site and the property adjacent to the subject site that are within twenty five feet (25') of a property line shared with the site, or that have a drip line extending into the site, shall be protected from damage by the use of acceptable tree protection measures in accordance with a tree preservation plan approved by the village. For purposes of these regulations, acceptable tree protection measures are those measures designed and implemented to reasonably limit the damage to such protected trees while enabling lawful construction activity consistent with best construction practices as determined by the village. Acceptable tree protection measures include:
1. Fencing: The installation of tree protection fencing along the perimeter of the drip line located within construction site, which shall remain in place during construction and removed only when construction is completed or as authorized by the village. The type of fencing shall be rigid chainlink fencing, properly supported so as to be perpendicular to the surrounding ground, and ground staked, at least four feet (4') in height. Movement of tree protection fencing during the course of construction, whether temporarily or permanently that could result in the compaction of soils is prohibited. The proposed location of tree protection fencing shall be shown on the demolition plan, lot redevelopment plan, or lot improvement plan. Fencing shall be contained within the limits of the site and/or within the limits of the adjacent public parkway. Fencing shall not encroach onto public streets and/or sidewalks.
2. Grading, Construction Equipment, And Materials: All grading, construction equipment, and materials shall be forbidden from encroaching within the boundary of any tree's drip line. If the village should approve an encroachment on any tree's drip line root zone, root pruning shall be undertaken by a qualified arborist.
3. Materials Detrimental To Trees: The addition of soil or crushed limestone or any other material which may be detrimental to trees shall not be dumped within the drip line of any tree nor shall be located at any higher location where drainage toward the tree(s) could conceivably affect the health of said tree(s).
4. Storage Of Vehicles: No materials or vehicles shall be stored, driven, or parked within the drip line of any tree.
5. Pruning: All such trees identified for preservation, which could be negatively affected during the construction process, shall be pruned by a qualified arborist to compensate for root loss during construction.
6. Utility Services: Any new utility services including water, sanitary sewer, storm sewer, gas, electric, telephone, and cable TV shall be installed in proximity of protected trees by using extraordinary care such as directional augering so as to not disturb the roots of protected trees.
7. Preservation Methods: Preservation methods that are to be used to preserve the protected trees shall be clearly specified. If, in the opinion of the village, the necessary precautions, as specified in the tree preservation plan for development, were not undertaken before or during construction to ensure the preservation of those trees, the site development permit for the parcel shall not be issued or, if previously issued, may be revoked until such time as compliance with the precautions is achieved.
8. Tree Consultant: The village shall, at its discretion, have the right to retain a professional tree consultant/forester to review the tree preservation plan and to submit a written report to the village. The petitioning party shall reimburse all expenses incurred by the village.
9. Decreased Drip Lines And Protective Techniques Requests: Requests for decreased drip lines and protective techniques are location specific and must be approved as part of the zoning relief process. The village board may request payment not to exceed fifty percent (50%) of the replacement cost for each tree when such request is granted. Techniques such as mulch mats (12 inches or more of wood mulch that attenuates damage by vehicles to tree roots) shall be required in areas where temporary access requirements infringe on protected tree drip lines.
J. Inspections:
1. A copy of the tree preservation plan shall be kept at the site during the time that work is underway.
2. The permit holder must call the village's development department for an inspection of the subject site once tree protection measures have been fully implemented for a signoff by the village manager or designee. All protective fencing must be in place prior to any tree removal or construction. The village manager or designee shall make whatever inspections are required to ensure compliance.
3. The village's inspector shall conduct regular scheduled and unscheduled inspections throughout the construction time period to determine conformance with the approved TPP.
4. The village manager or designee is authorized to issue a stop work order for all construction work on the subject site if the owner fails to comply with the requirements of the tree preservation plan. (Ord. 2010-04-07, 4-1-2010)
K. Appeals:
1. Appeals regarding the interpretation of the regulations or relief from application of the tree preservation regulations shall be to the public works committee. (Ord. 2010-04-07, 4-1-2010; amd. Ord. 2013-02-08, 2-21-2013)
2. An appeal may be taken within thirty (30) days from the date of the decision appealed by filing with the village manager or designee a petition of appeal specifying the grounds thereof.
3. Property owners seeking relief from the regulations must demonstrate exceptional physical, environmental, or topographical conditions affecting a site that pose practical difficulty or unnecessary hardship in preserving or replacing a protected tree consistent with these regulations and good forestry practice.
4. The commission shall hold a hearing on the appeal within thirty (30) days of its filing with the village clerk. The commission shall render a decision within thirty (30) days of the completion of the hearing on the appeal. (Ord. 2010-04-07, 4-1-2010)
5. In the event that the party remains aggrieved, they may appeal the decision of the public works committee to the Winfield village board of trustees. (Ord. 2010-04-07, 4-1-2010; amd. Ord. 2013-02-08, 2-21-2013)
6. An appeal may be taken within thirty (30) days from the date of the decision appealed by filing with the village clerk or designee a petition of appeal specifying the grounds thereof. The village board shall hold a hearing on the appeal within thirty (30) days of its filing with the village clerk. The village board shall render a decision within thirty (30) days of the completion of the hearing on the appeal.
L. Exemptions: The following activities are exempted from the village's tree preservation regulations:
1. Tree Emergencies: The existence of any tree within the village that has become an immediate danger or hazard to persons or property as a result of any windstorm, flood, freeze, natural disaster, or sudden, unforeseen accident.
2. Pruning Compliance: Pruning of trees in compliance with the pruning standard as instructed in ANSI A300.
3. Removal Of Hazardous, Diseased, And/Or Insect Infested Trees: The following conditions are hereby declared to be a public nuisance and trees shall be pruned or removed and properly disposed of by the owner within ten (10) days following written notification by the village:
a. Trees and limbs that overhang any sidewalk, street, or other public place that are hazardous to the public way, public property, or private roads with public access.
b. Trees infected with Dutch elm disease, oak wilt, Asian longhorn beetles, emerald ash borers, or other insects and diseases that are a serious threat to the community's trees as determined by the village and/or the Illinois department of agriculture.
c. Nonprotected trees.
M. Permit Revocation And Expiration: An owner shall have a duty to remove the tree(s) identified in the tree preservation plan within ninety (90) days after the date of approval by the village board as part of the zoning relief process. An owner shall be authorized to remove the tree(s) identified in the tree preservation plan in accordance with the terms and conditions set forth by the village. An owner is subject to stop work order, suspension or revocation by the village manager or designee if the owner violates the terms of the permit or any other provision of these regulations.
N. Restitution; Penalties:
1. Destruction; Damage Prior To Permit: If any tree is damaged or destroyed prior to the approval of a tree preservation plan as required by this section and it is reasonable to infer that the damage or destruction was effected so as to avoid the requirements of these regulations, the village may require replacement for any such damaged or destroyed tree in addition to compliance with any other applicable requirements of these regulations.
2. Penalties: Whoever violates any of the provisions of these regulations, upon being found guilty of violation, shall be subject to the following fines:
a. For failure to replace or to remedy damage caused to a public tree in violation of these regulations, a minimum fine of two hundred fifty dollars ($250.00) and a maximum fine of seven hundred fifty dollars ($750.00) for each such tree.
b. For removal of trees without an approved tree preservation plan in violation of these regulations, a minimum fine of two hundred fifty dollars ($250.00) and a maximum fine of seven hundred fifty dollars ($750.00) for each such tree.
c. For failure to replace any damaged or destroyed tree in violation of these regulations, a minimum fine of two hundred fifty dollars ($250.00) and a maximum fine of seven hundred fifty dollars ($750.00) for each such tree.
d. A separate and distinct violation shall be deemed to have occurred for each protected tree or public tree unlawfully damaged, removed, and/or not replaced in violation of these regulations and a separate and distinct violation shall be deemed to have occurred for each day that such violation exists or continues. Any penalties imposed are in addition to any required replacement.
e. If in the opinion of the village manager the violation of this section is wilful and the destroyed protected tree had a diameter of eighteen inches (18") or more then the village manager may assess additional damages based on the value of the destroyed protected tree. The value of the tree will be assessed in a report issued by a professional arborist retained by the village based on best available information regarding tree species, size, and condition.
O. Nonliability Of Village: Nothing in these regulations shall be deemed to impose any liability upon the village or upon any of its officers or employees or to relieve the owner of any private property from the duty to keep trees and shrubs upon private property or under his control in a safe and healthy condition. (Ord. 2010-04-07, 4-1-2010)