A. Review of subdivision plans required. Upon receiving an application for preliminary approval of a land subdivision under Title 16 of this code or, if no preliminary subdivision plan has been filed, then upon receiving an application for final approval of a land subdivision plan under Title 16 of this code, the Department of Community Development shall notify the Director and shall forward such documents and submittals as may be necessary for the Director to conduct the review required by this section.
B. Determination of street tree void. The Director shall review the documents and submittals received from the Department of Community Development pursuant to this section and shall determine whether a street tree void exists or will be created in any public parkway or sidewalk immediately adjacent to the land for which the subdivision plan has been filed. The Director may require the applicant to provide such other documents as the Director may determine are necessary to complete the review under this section. If the proposed subdivision creates new streets, the Master Tree Planting Plan shall be amended to include such streets before making any of the determinations required under this section.
C. Street tree enhancement required. If the Director determines that a street tree void exists or will be created, he shall use the Master Street Tree Planting Plan, as amended to include any proposed new streets, to determine the number and species of trees required to fill any existing or newly created street tree void. The Director shall also determine the amount of the tree enhancement fee to be paid by the applicant.
D. Subdivision approval conditions. The Director shall notify the Director of Community Development of the Director's determination as to the existence of a tree void, the tree enhancement requirements and the amount of the tree enhancement fee. The Director of Community Development shall include the Director's determination with the subdivision materials submitted to the Plan Commission and Village Council. As a condition for final subdivision approval, the applicant shall provide for filling the existing or newly created street tree voids that pertain to the proposed subdivision, either by agreeing to pay the applicable tree enhancement fee prior to the issuance of any permits for construction activity related to the subdivision, or by including the planting of the trees required by this section as part of the public improvements for the proposed subdivision, in which case performance security for the tree planting requirement shall be included in the performance security required by Section 16.08.030 of this code.
E. Standards for enhancement trees. All trees required under this section shall comply with the standards of Section 15.28.060 of this chapter.
(MC-5-2006, Amended, 12/19/2006; MC-4-2005, Amended, 09/06/2005)