A. Policy. While allowing for the reasonable improvement of land within the Village, it is the stated public policy of the Village to add to the tree population within the Village where possible, and to maintain existing trees within the Village, to the greatest extent possible.
B. Purpose. The planting of additional trees and the preservation of existing trees in the Village are intended to accomplish, where possible, the following objectives:
1. To preserve trees as an important public resource;
2. To preserve the essential character of those areas throughout the community which are heavily wooded and in a more natural state;
3. To enhance and preserve the air quality of the Village through the filtering effect of trees on air pollutants;
4. To reduce noise within the Village through the baffle and barrier effect of trees on the spread of noise;
5. To reduce topsoil erosion through the soil retention effect of tree roots;
6. To absorb excess soil moisture, thereby moderating storm water runoff;
7. To reduce energy consumption through the wind break and shade effects of trees;
8. To preserve and enhance nesting areas for birds and other wildlife; and
9. To maintain and enhance property values throughout the Village by preserving and adding to the aesthetic quality of land.
(MC-5-2006, Amended, 12/19/2006)
C. Rules of construction.
1. Except as provided in the following paragraph 2, any term that is defined in Chapter 1.04, Chapter 15.04 or Chapter 17.04 of this Code shall have the same meaning when it is used in this chapter.
2. If a term defined in another chapter of this code is also defined in this chapter, the definition in this chapter shall prevail as to all matters and questions arising from the subject matter of this chapter.
D. Definitions. For purposes of this chapter, certain terms and words are defined, as follows:
1. "Aggregate diameter" means the sum of the DBH of each trunk of a multi-trunk tree.
2. "Caliper" means the diameter of a tree as measured at a point 6 inches above the existing grade at the base of the tree. This point of measurement is used for measuring nursery stock and replacement trees.
3. "Canopy" means the area occupied by the live leaves and branches of a tree.
4. "Critical root zone" means the ground area within a tree's drip line.
5. "DBH" or "diameter at breast height" means the diameter of the trunk of the tree measured in inches at a point four and one-half (4½) feet above the existing grade at the base of the tree. This point of measurement is used for measuring mature and established trees. The DBH of a multi-trunk tree shall be the aggregate diameter of such tree.
6. "Director" means the Director of Engineering or his designee.
7. "Drip line" means an imaginary perpendicular line that extends from the outside perimeter of a tree's canopy to the ground.
9. "Master Street Planting Plan" means the plan developed by the Director and approved by the Environmental and Forestry Commission, as amended from time to time, for use in identifying tree species suitable for planting at various locations throughout the Village.
10. "Protected tree" means any single trunk tree with a DBH of eight (8) inches or more, and any multi-stem tree with an aggregate diameter of fifteen (15) inches or more.
12. "Tree enhancement fee" means the fee to be paid to the Village by a property owner to cover the Village's costs of filling a street tree void pursuant to Section 15.28.020 or Section 15.28.030 of this chapter. The Director shall set the tree enhancement fee on a case by case basis, using the Village's then current market prices for the size and species of tree to be used to fill a street tree void.
13. "Tree protection plan" means the plan required by Section 15.28.070 of this chapter for protecting trees on property that is the subject of certain building permits.
14. "Tree protection area" means the area within the drip line of a protected tree.
(MC-5-2020, § 29, Amended 11/17/2020; MC-3-2008, Amended, 06/03/2008; MC-4-2005, Amended, 09/06/2005; MC-8-2000, Amended, 11/21/2000, Subsection (E)4 amended)