As used in this chapter, the following terms
shall have the meanings indicated:
ACTUAL OR ONGOING EMERGENCY CONDITION
A condition in which severe weather, storms, natural or nonnatural
causes severely affect the integrity of a tree and such condition
poses an immediate threat to life, property or the general public.
APPLICANT
Any individual, partnership, corporation, municipality or
other entity, together with employees, officers, directors, agents,
independent contractors or any lessee or contract-vendee of a parcel
of property, who or which owns any real property or portion of real
property within the jurisdiction of the Village who has submitted
an application for a permit to remove a tree on its property.
APPROVING AUTHORITY
The Superintendent of Public Works/Village Engineer, and
his or her designee, shall be the Approving Authority for tree removal
permits, except the Board of Trustees shall be the Approving Authority
for a Significant Tree.
[Amended 10-27-2020 by L.L. No. 9-2020]
CERTIFIED ARBORIST
A professional, holding certification regulated and maintained
with the International Society of Arboriculture (ISA), who manages
and maintains trees (generally in an urban environment). This includes
planting, pruning, structural support, the treatment of disease, insect,
or abiotic disorders, lightning protection, and tree removal.
CLEAR CUTTING
Any removal of 30% or more trees that are each 10 inches
or more in DBH (diameter at breast height) over any five-year period
as determined on the basis of trees requiring a tree removal permit
on said property.
[Amended 10-14-2014 by L.L. No. 8-2014]
DBH (DIAMETER AT BREAST HEIGHT)
The diameter or caliper of a tree measured at a point 4 1/2
feet above ground level at the base of the tree on the uphill side.
DESIGNATED TREE
Any tree as defined in this chapter which has a DBH of eight
or more inches.
DRIP LINE
An imaginary, roughly circular line extending from the maximum
spread of the limbs of a tree to the ground.
INJURY
Any act that may cause a tree to die within a three-year
period from the date of the act, including, but not limited to, severing
or removing soils, soil compaction and storage of materials or equipment
around the base of the tree and within the drip line, stripping of
bark, setting fires on or near a tree, severe pruning, applying chemicals,
or changing the ground level within the drip line.
PLANNED DEVELOPMENT
A real property development that consists of a common area
that is owned by an association or by the property owners in common.
[Added 11-24-2020 by L.L.
No. 1-2021]
PRUNING
A method of cutting off leaves or branches within limits
in order to remove dead or diseased foliage or branches. Pruning is
also used to control or direct growth, increase quality or yield of
flowers or fruit and to ensure growth position of main branches to
enhance structural strength.
ROOT FLARE
The base of trunk that swells out to become buttress roots
entering the soil; root collar usually at or near ground level.
SHRUB
A low-growing woody plant that is naturally smaller than
a tree and produces multiple stems instead of a single trunk. Shrubs
are either evergreen or deciduous.
STREET TREES
Trees within the Village-owned right-of-way adjacent to a
roadway.
TREE
A deciduous or coniferous plant with an erect perennial trunk
and a definitely formed crown of foliage.
[Amended 10-14-2014 by L.L. No. 8-2014]
TREE CANOPY
The uppermost layer of vegetation in woodland, or the upper
foliage and branches of an individual tree.
TREE PRESERVATION MAP
A plan of the property in question indicating the location,
species, DBH and condition of all trees six inches DBH or greater
and detailing the methods and practices to be used to provide protection
from injury during construction for all trees to be preserved. The
plan shall clearly identify all trees as being removed and to remain.
TREE TOPPING
The severe cutting back of limbs larger than three inches
in diameter within the tree’s crown to stubs, to such a degree
so as to remove the normal canopy and disfigure the tree.
The distance trees may be planted from curbs,
curblines or sidewalks will be in accordance with the species size,
and the final determination will be made by the Approving Authority.
No street tree shall generally be planted closer
than 30 feet to any street corner, measured from the point of the
nearest intersection curbs or curblines. No street tree shall be planted
closer than 10 feet to any fire hydrant.
No private person, municipal employee or contractor,
or employee of a private firm shall purposefully, carelessly or negligently
kill, cut, break, injure, trim, change the grade of or otherwise destroy
or mortally damage any tree in any public place within the Village
without first obtaining a Tree Removal Permit from the Approving Authority.
[Amended 10-14-2014 by L.L. No. 8-2014]
On private improved properties:
A. No person or firm shall, without a Tree Removal Permit,
purposefully, carelessly or negligently cut down or otherwise destroy
any tree which has a DBH of 10 inches or greater.
B. No person or firm shall purposefully, carelessly or
negligently cause petrochemicals, herbicides or other toxic substances
to penetrate into the soil in or about a tree's root system so as
to effectively kill any tree which has a DBH of 10 inches or more.
C. No person or firm shall, without a Tree Removal Permit
and approved preventative measures, undertake construction, alteration,
addition, demolition, grading or drive heavy machinery within 25 feet
of any tree which has a DBH of 10 inches or greater. Approved preventative
measures shall be to the satisfaction of the Approving Authority.
D. Utility trenching within the drip lines of any tree
shall be prohibited. Utilities that cannot be routed otherwise shall
be tunneled at least two inches to four inches, or as recommended
per ISA standards, below the surface to avoid cutting through tree
roots.
E. No person
or firm shall purposefully, carelessly or negligently clear cut, improperly
prune, or cause injury to any tree which has a DBH of 10 inches or
greater.
On private unimproved or developing properties:
A. No person or firm shall, without a Tree Removal Permit,
purposefully, carelessly or negligently cut down or otherwise destroy
any tree which has a DBH of 10 inches or greater.
[Amended 10-14-2014 by L.L. No. 8-2014]
B. All Applicants for subdivision, site plan review,
land clearing, major landscaping or other development requiring tree
removal shall be required to submit a tree preservation map. Refer
to the Appendix at the end of this chapter for minimum guidelines.
C. Under this chapter, all Applicants shall be held responsible
for any actions of their contractors or subcontractors, who shall
be made familiar with this chapter and with the guidelines located
in the Appendix at the end of this chapter.
D. Utility trenching within the drip lines of any tree
shall be prohibited. Utilities that cannot be routed otherwise shall
be tunneled at least two inches to four inches, or as recommended
per ISA standards, below the surface to avoid cutting through tree
roots.
E. No person
or firm shall purposely, carelessly or negligently clear cut, improperly
prune, or cause injury to any tree which has a DBH of 10 inches or
greater.
[Added 10-14-2014 by L.L. No. 8-2014]
In the course of duties involving the service
and repair of existing public utility company facilities, employees
thereof hereby are authorized and permitted to prune, trim or alter
trees within parameters of accepted horticultural practice, provided
that said employees remove all debris resulting from such pruning
and trimming of trees. If a utility company proposes to remove any
tree, permission from the Approving Authority with proper permitting
must be obtained.
It shall be unlawful to engage in the Topping
of any street tree or other tree on public and private properties.
Trees severely damaged by storms or other causes and trees under utility
wires or other obstructions where other pruning practices are impractical
may be exempted from this chapter at the determination of the Approving
Authority.
The appeal procedure shall be as follows:
A. The Village Board of Trustees shall hear any appeal brought in accordance with §
235-13D within 45 days of the submission of the appeal.
B. The Village Board of Trustees, on reviewing an appeal, shall take into consideration the factors set forth in §
235-13C, as well as any evidence presented by the Applicant in support of the issuance of a Tree Removal Permit.
C. The Village Board of Trustees may retain a Certified
Arborist, at the Applicant's expense, to perform a hazard tree evaluation
of any tree which is the subject of an appeal. In the event the Village
Board of Trustees determines to retain a Certified Arborist as set
forth above, the Applicant shall make payment for the services for
the Certified Arborist in an amount specified by the Village and paid
within the earlier of three weeks of the date in which the decision
was made to retain a Certified Arborist or prior to the date on which
the appeal is to be heard by the Village Board of Trustees. Failure
to comply with the requirement may prohibit continuation of the appeal
from being processed.
D. Upon its evaluation of the factors set forth in §
235-13C, as well as any evidence presented by the Applicant, the Village Board of Trustees may grant the appeal and order the issuance of a Tree Removal Permit; grant the appeal with conditions and order the issuance of a Tree Removal Permit; or reaffirm the determination of the previous Approving Authority and deny the appeal. Failure to comply with the provisions or conditions of any determination by the Village Board of Trustees shall constitute a violation of this chapter.
E. All determinations and decisions of the Village Board
of Trustees shall be by a majority vote of the total authorized voting
power. Minutes of the meetings, together with copies of all determinations
and decisions, shall be submitted to the Village Administrator/Clerk
within a reasonable time after each meeting.
Any Tree Removal Permit issued pursuant to this
chapter may be issued with conditions. Such conditions may be attached
as the Approving Authority deems necessary to ensure compliance with
the policies and provisions of this chapter. The Approving Authority
may, as a condition of granting a Tree Removal Permit:
A. Require reasonable improvements, such as relocation
of proposed foundation walls, driveways, surface and subsurface improvements
or drainage systems, to preserve a specific tree or forest area.
B. Require such safeguards as appropriate to minimize
the environmental impact of such removal operations.
C. Require the replanting of an equal or greater number
of trees of the same or similar species as those removed, at the Approving
Authority's discretion, based on the size and condition of the trees
removed.
D. Prior to the issuance of a permit with conditions,
the Approving Authority may request a bond or cash equivalent in the
appropriate amount deemed necessary. Bond or cash equivalent will
be returned to Applicant upon the satisfactory completion of work
inspected to the satisfaction of the Approving Authority.
A Tree Removal Permit shall not be valid for
more than 120 days after approval of an application for same by the
Approving Authority, unless otherwise specified by the Approving Authority.
All permits shall expire upon completion of the work and compliance
with the conditions specified therein. Permits may be renewed by the
Approving Authority upon application submitted at least 10 days before
the expiration of the permit. Standards for issuance of renewals may
be the same as for the issuance of original permits.
[Amended 7-13-2010 by L.L. No. 7-2010]
Removal of any tree shall require the following actions:
A. All persons granted a Tree Removal Permit shall be required to replant
a native noninvasive two- to two-and-one-half-inch-caliper tree on
said property or, if said property is located in a planned development,
the required trees may be replanted on common property owned or maintained
by the homeowners' association, if permission of the homeowners'
association is received and submitted to the approving authority in
writing.
[Amended 10-14-2014 by L.L. No. 8-2014; 11-24-2020 by L.L. No. 1-2021]
(1) The number of replacement trees shall be as based on caliper removed
as follows:
|
DBH of Tree Removed
(inches)
|
Replanting Requirement
|
---|
|
Under 10
|
No replanting necessary
|
|
10 to 24
|
One 2-inch to 2 1/2-inch caliper tree
|
|
25 to 36
|
Two 2-inch to 2 1/2-inch caliper trees
|
|
37 to 48
|
Three 2-inch to 2 1/2-inch caliper trees
|
|
49 or greater
|
Four 2-inch to 2 1/2-inch caliper trees
|
(2) When restoration is determined by the Approving Authority to be impractical
due to lack of proper planting space, a restoration fee may be imposed
with funds deposited into the Village's Street Tree Fund. Such fee
shall be in accordance with the License and Fee Schedule.
(3) Note: Ornamental trees or shrubs may not be substituted under the
restoration requirement.
B. All restoration work shall be completed within six months of granting
of a permit. An extension shall be granted by the Approving Authority
between the months of November through February for an additional
three months.
C. All restorative work shall be done in accordance with good and acceptable
planting and tree surgery practice.
D. All trees that fail to survive as a result of the restoration work required under this section for a period of two calendar years following planting shall be replaced by the owner of the land. Said replacement shall be within 60 days following written demand from the Village for such replacement, or within an extended period of time as may be specified. Should the property owner fail to replace the trees pursuant to demand within the required period of time, the Village has the right to impose penalties as set forth in §
235-24 of this chapter.
E. All tree planting, tree dressing and associated restoration work
must be substantially completed within six months from the date of
issuance of the decision of the Approving Authority.
F. The tree trunk, limbs, stump and any roots remaining above grade
shall be removed completely to a depth of six inches to eight inches
below grade.
G. The disturbed area shall be backfilled, replanted and/or reseeded.
H. The Applicant shall remain responsible for the acts of his employees,
contractors or subcontractors.
I. Tree removal and restoration shall conform to guidelines set forth
in the Appendix at the end of this chapter and those promulgated by
the Approving Authority, in consultation with the Village Planning
Consultant.
J. Applicants
shall be allowed to self-certify that all replanting requirements
have been met by submitting a sworn affidavit that includes the name
and address of the property, the date all plantings were completed,
and the species, DBH, location, and photograph of each of the new
plantings. Such self-certifying affidavit must be submitted to the
Village within 30 days of the date of the last planting. Self-certification
shall not preclude the Approving Authority from performing inspections
at its discretion to confirm that all replanting requirements have
been met.
[Added 10-14-2014 by L.L. No. 8-2014]
The following activities are permitted without
a Tree Removal Permit:
A. Removal of any tree, including a Significant Tree,
under an actual or ongoing emergency condition when such immediate
tree removal is necessary for the protection and preservation of life
or property and there is no time to wait for granting of a Tree Removal
Permit. Within three days thereof, a detailed hazard tree report from
a Certified Arborist and documented evidence, such as photographs,
along with a completed tree removal application shall be submitted
to the Superintendent of Public Works/Village Engineer setting forth
the nature and extent of the immediate threat.
[Amended 10-27-2020 by L.L. No. 9-2020]
[Amended 10-27-2020 by L.L. No. 9-2020]
A. A Significant Tree shall not be removed without the approval of the
Village Board of Trustees, except under the following circumstances:
(1) When the removal of the Significant Tree is in conjunction with an approved site plan application pursuant to Chapter
209 of the Village Code;
(3) When the Village Arborist in his or her discretion, or Superintendent of Public Works/Village Engineer in consultation with a certified arborist, finds that a Significant Tree is dead or diseased or structurally compromised. A Significant Tree that is dead or diseased or structurally compromised may be removed pursuant to the provisions of §
235-20. Such tree removal permit shall be reviewed by the Superintendent of Public Works/Village Engineer, who shall be the Approving Authority in such instances as described herein.
[Amended 10-27-2020 by L.L. No. 9-2020]
The Superintendent of Public Works/Village Engineer,
designee, and Code Enforcement Officer(s) are hereby authorized to
issue appearance tickets for violations of this chapter as well as
stop-work orders.
Nothing contained in this chapter shall be deemed
to impose any liability upon the Village, its officers, committees
or employees, nor to relieve the owner of any private property from
the duty to keep any tree, shrub or plant upon any area on his property
or under his control in such conditions as to prevent it from constituting
a hazard or an impediment to travel or vision upon any street, park,
public or place within the Village.
If any clause, sentence, paragraph, section
or part of this chapter shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder thereof but shall be confined in its operation
to the clause, sentence, paragraph, section or part thereof directly
involved in the controversy in which such judgment shall have been
rendered.