A. Tree Preservation Plan Required:
1. Submission: A tree preservation plan shall be submitted to and approved by the village and implemented in accordance therewith in connection with any of the activities listed below. The development of lots located in a larger development for which a tree preservation plan has been approved shall comply with the development's approved tree preservation plan.
a. Any application for approval of a subdivision of land under the subdivision regulations that anticipates or involves the actual or reasonably likely damage or removal of a qualifying tree. (Ord. 2009-31, 7-16-2009)
b. Any application for annexation, rezoning, variation, special use permit, special use permit for a planned unit development, special use permit for a regional planned unit development, or site plan review for development or redevelopment that anticipates or involves the actual or reasonably likely damage or removal of a qualifying tree. (Ord. 2011-21, 5-12-2011)
c. Any application for a building or demolition permit that involves the construction, alteration or enlargement of any building, structure or surface by increasing the impervious area by ten percent (10%) or more to the land on which it is located and that anticipates or involves the actual or reasonably likely damage or removal of a qualifying tree.
d. Any application for a grading permit for any project that anticipates or involves the actual or reasonably likely damage or removal of a qualifying tree.
e. Any activity on undeveloped or underdeveloped land not otherwise addressed above that anticipates or involves the actual or reasonably likely damage or removal of a qualifying tree.
2. Exemptions: The following are exempt from this section:
a. In residentially zoned districts, lots containing existing single-family detached houses are exempt until such time as said lots are subdivided, or a change in use occurs.
b. Tree removals approved in accordance with this section.
c. Village owned rights of way. (Ord. 2009-31, 7-16-2009)
3. Approval: No site development activities shall commence nor shall any building permit be issued in conjunction with any of the activities listed in subsection A1 of this section prior to village board approval of a tree preservation plan as part of a final subdivision plat, site plan, special use permit, final PUD or final RPUD plan, or, in those instances where village board approval is not required, without the express written approval of the director of community development of a tree preservation plan. (Ord. 2009-31, 7-16-2009; amd. Ord. 2010-29, 5-20-2010)
B. Preservation Priority Areas: The applicant shall preserve as many trees as possible, placing highest priority for preservation upon those trees located in:
1. Wooded wetlands.
2. Wooded floodplains.
3. Wooded stream corridors.
4. Wooded slopes equal to or greater than twenty five percent (25%) slope.
5. The perimeter of the subject property.
C. Contents Of Tree Preservation Plans:
1. The tree preservation plan shall include the following information:
a. The name, telephone number and address of applicant, property owner, developer and builder.
b. Delineation of the buildings, structures, or paved surfaces situated thereon and/or contemplated to be built thereon.
c. Delineation of all areas to be graded and limits of land disturbance. (Ord. 2009-31, 7-16-2009)
d. A list noting the size, species, and condition of all existing qualifying trees within the area to be platted or on the parcel proposed to be developed. For large tracts of land that are uniformly and densely wooded such that identifying each tree is impractical, the director of community development may, at his or her discretion, accept an estimated list based on a representative sample of a portion of the wooded area.
e. A map (tree survey) showing the locations of all existing qualifying trees, each of which shall be keyed to the tree list. At the discretion of the director of community development, the tree survey requirement may be waived for those portions of the site containing large areas of qualifying trees that are to remain undisturbed. (Ord. 2009-31, 7-16-2009; amd. Ord. 2010-29, 5-20-2010)
f. Size, species, condition and location of all existing qualifying trees located on adjacent properties whose trunks are located within twenty feet (20') of the subject property line.
g. Identification of all qualifying trees proposed to be removed. These trees shall be identified in both graphic and tabular form.
h. Measures proposed to protect existing trees to be retained, both on the subject property and on neighboring properties within twenty feet (20') of the subject property line (see subsection D of this section).
i. Size, species, and location of all replacement trees proposed to be planted on the property in accordance with table 1, "Tree Replacement Schedule", of this section.
j. Signature of the person preparing the plan.
k. A current certificate issued by an International Society Of Arboriculture certified arborist, a Society Of American Foresters certified forester, or Illinois registered landscape architect stating that the tree preservation plan complies with the provisions of the tree preservation regulations.
l. Current plat of survey of the property.
m. Calculations showing how many replacement trees are required based on table 1, "Tree Replacement Schedule", of this section.
n. Calculations showing how many replacement trees are proposed.
D. Tree Protection Measures: The protective measures listed below shall be incorporated into all tree preservation plans, and shall be adhered to on site prior to and during construction:
1. A tree protection fence shall be installed prior to the commencement of grading or construction and located so as to protect the critical root zone of all trees designated for preservation in accordance with the approved tree preservation plan. Said fence shall be located no closer to each tree to be preserved than at the outside edge of each tree's "critical root zone" as defined by this title.
2. Tree protection fencing shall consist of brightly colored plastic mesh or snow fencing a minimum of forty eight inches (48") in height. It shall be securely attached to metal fence posts that are driven into the ground and that are spaced no more than eight feet (8') apart.
3. No encroachment, grading, trenching, filling, compaction, waste dumping, concrete washout, change in soil chemistry, or storage of materials, equipment or vehicles shall occur within the fenced areas.
4. When roots two inches (2") in diameter and greater must be severed, the ends shall be cut cleanly with a saw under the supervision or direction of an arborist certified by the International Society Of Arboriculture to prevent the onset of decay. If they are accidentally broken or crushed, the root shall be saw cut above the ragged end. In all cases, the cut roots shall be immediately buried, mulched, or otherwise kept moist to preserve viability. (Ord. 2009-31, 7-16-2009)
5. Tree protection fencing shall remain in place until the completion of construction, as determined by the director of community development. (Ord. 2009-31, 7-16-2009; amd. Ord. 2011-21, 5-12-2011)
E. Removal Allowance And Replacement Requirement: A tree preservation plan may provide for the removal of up to twenty five percent (25%) of the total point value of all qualifying trees to be removed without replacement. Every qualifying tree removed in excess of twenty five percent (25%) shall be replaced on site in accordance with table 1, "Tree Replacement Schedule", of this section. If it is not possible to fit all of the required replacement trees or equivalent landscaping on the site, the director of community development, at his or her discretion, may approve an increase in the removal allowance. Required replacement trees shall be in addition to landscaping required by other provisions of this title as well as of title 10, "Subdivisions", of this code. (Ord. 2009-31, 7-16-2009; amd. Ord. 2010-29, 5-20-2010)
F. Transplanted Trees: Existing trees less than six inches (6") dbh may be transplanted elsewhere on site and used to satisfy any tree replacement requirements or landscape requirements of this chapter provided they meet the minimum size, species, condition and quality requirements for new and/or replacement trees. (Ord. 2009-31, 7-16-2009)
G. Amendments To Approved Tree Preservation Plan: Once a tree preservation plan has been approved, the director of community development or his or her designee may authorize minor deviations from it where changed facts and circumstances which are not within the control of the applicant create an undue hardship in complying with the approved plan. The proposed amended tree preservation plan shall be submitted for review and be accompanied by a written statement describing the proposed changes and reasons therefor. No amendment shall be permitted to delete a qualifying tree from preservation which has been damaged or where the provisions of the approved plan have not been followed unless the amendment provides for the addition of required replacement trees to compensate for the damage or loss of said qualifying tree(s).
H. Maintenance Guarantee: A deposit shall be made to the village in cash or letter of credit and in a form acceptable to the village attorney equal to ten percent (10%) of the estimated cost of the installation and implementation of the tree protection measures and required replacement trees. The deposit shall be a guarantee of survival of the preserved trees and replacement trees and shall be held by the village for a period of two (2) years from the date of acceptance of the last public or private improvement for the development, or if none, of the date of issuance of the final occupancy permit. After such two (2) years, the deposit shall be refunded if no trees have died or are in poor condition, as determined by the director of community development or his or her designees. If trees have died or are in poor condition, then the party that posted the guarantee shall replace them. A portion of the deposit shall continue to be held an additional two (2) years from the date of replacement to guarantee the survival of the replacement trees, the amount to be determined by the village engineer. The balance of the original deposit, if any, shall be refunded.
I. Penalties For Noncompliance With The Tree Preservation Plan:
1. At their discretion, the village engineer or the director of community development may issue a stop work order for noncompliance with the tree preservation plan. Stop work orders shall remain in effect until the site is brought into compliance with the tree preservation plan. (Ord. 2009-31, 7-16-2009; amd. Ord. 2010-29, 5-20-2010)
2. Fines may be assessed in accordance with section 1-4-1 of this code for noncompliance with the tree preservation plan. If the offense involves damage to qualifying trees, each damaged tree shall constitute a separate offense. Each day the site is in noncompliance shall constitute a separate offense.
3. Replacements for damaged trees shall be provided at twice the rate indicated in table 1, "Tree Replacement Schedule", of this section.
TABLE 1
TREE REPLACEMENT SCHEDULE
Type Of Tree Removed | Size (dbh) | Number Of Replacement Trees Required |
Type Of Tree Removed | Size (dbh) | Number Of Replacement Trees Required |
Deciduous | 6 inch up to, but not including, 12 inch | 1 |
12 inch up to, but not including, 24 inch | 2 | |
24 inch up to, but not including, 36 inch | 3 | |
36 inch up to, but not including, 48 inch | 4 | |
48 inch up to, but not including, 60 inch | 5 | |
60 inch and larger | 5 plus 1 additional tree for each 12 inches of diameter | |
Evergreen | 12 foot up to, but not including, 24 foot | 2 |
24 foot and larger | 4 | |
Notes:
1. Class one trees shall be replaced as indicated in this table 1.
2. Class two trees may be replaced at half the rate indicated in this table 1.
3. No replacement trees shall be required for trees that are in poor condition or dead, as defined in table 2, "Tree Condition Rating Scale", of this section.
4. In calculating the total number of replacement trees, sums including a fraction of a replacement tree shall be rounded up to the nearest whole number.
5. Up to 50 percent of the required replacement trees may be provided by substituting an equivalent number of points worth of evergreen trees, ornamental trees, shrubs, or some combination thereof, as follows:
a. 1 replacement tree equals 100 points.
b. 1 evergreen tree equals 60 points.
c. 1 ornamental tree equals 50 points.
d. 1 large shrub equals 15 points.
e. 1 small shrub equals 10 points.
TABLE 2
TREE CONDITION RATING SCALE
Rating | Description | General Criteria |
1 | Excellent | The tree is typical of the species, has less than 10 percent deadwood in the crown that is attributable to normal causes, has no other observed problems and requires no remedial action. |
2 | Good | The tree is typical of the species and/or has less than 30 percent deadwood in the crown, 1 or 2 minor problems that are not imminently lethal to the tree, and no significant decay or structural problems, but the tree may need remedial care above normal care in order to minimize the impact of future stress and to ensure continued health. |
3 | Fair | The tree is not typical of the species and/or has significant problems such as 30 to 50 percent deadwood in the crown, serious decay or structural defect, insects, disease or other problems that can be imminently lethal to the tree or create a hazardous tree if not corrected in a short period of time or if the tree is subjected to additional stress. |
4 | Poor | The tree is not typical of the species and/or has over 50 percent deadwood in the crown, major decay or structural problems, is hazardous or is severely involved with insects, disease, or other problems that even if aggressively corrected would not result in the long term survival of the tree. |
5 | Dead | Less than 10 percent of the tree shows signs of life. |
(Ord. 2009-31, 7-16-2009)