The purpose of this Article 17 is to protect, manage, preserve,
and enhance the forested character and natural resources of the Village.
The Village has determined that the presence of trees, shrubs, and
other plants in the Village improves air quality, conserves energy,
provides wildlife habitat, reduces soil erosion, enhances stormwater
detention and drainage, and preserves and enhances property values
in the Village and its environs. The Village also seeks to eliminate
trees that constitute a threat, danger or nuisance to the public or
property in the Village, or that may be dangerous to the health of
other trees and vegetation in the Village. The policy of the Village
is to balance the private property rights of landowners with the public
health, safety, and welfare that is promoted by the existence and
maintenance of trees in the Village. Specifically, and without limitation
of the foregoing. It is the intent of the Board of Trustees of the
Village of Lincolnwood that the terms of this Article 17 shall be
construed so as to promote (i) the planting, maintenance, restoration
and survival of desirable trees, shrubs and other plants within the
Village; and (ii) the protection of community residents from personal
injury and property damage, and the protection of the Village from
property damage, caused or threatened by the improper planting, maintenance,
or removal of trees, shrubs, or other plants located within the community.
The following definitions shall apply in the interpretation
and enforcement of this Article 17:
APPLICANT
The owner or representative of an owner of a lot, parcel,
or tract on which a tree-impact activity is sought.
ARBORICULTURAL SPECIFICATIONS MANUAL
The manual prepared by the arborist pursuant containing regulations
and standards for the planting, maintenance and removal of trees,
shrubs and other plants upon Village-owned property.
BUILDING ENVELOPE
That portion of the applicant's lot determined to be buildable
under the provisions of the Village Zoning Code, and not including
the required front, side, and rear yards existing on said lot as of
the date of passage of this Article 17.
CALIPER
The diameter of a tree when measured at six inches above
grade. Caliper shall be the form of size measurement for trees four
inches and less in diameter.
CONSERVATION AREA
Any lot, parcel or tract within the Village that is four
acres or greater.
CONSERVATION AREA TREE REMOVAL PERMIT
A permit issued by the Village Manager or his or her designee
authorizing the removal of a tree in a conservation area pursuant
to the provisions of this Article 17. Said permit is valid for a period
of 12 months from the date of issue.
CUTTING
The felling and/or removal of a tree, or any other procedure
that is likely to cause the death of, or material damage and/or substantial
injury to, a tree. Cutting does not include normal pruning or trimming
of trees.
DEFERRED SPECIES
Any species listed in the Village's Arboricultural Standards
Manual as a deferred species.
DESTROY or DESTRUCTION
The actual physical removal, or the effective removal, of
a tree through damaging, poisoning, or other direct or indirect action
resulting in, or likely to result in, the death of, or material damage
and/or substantial injury to, a tree.
DIAMETER AT BREAST HEIGHT (DBH)
The diameter of the trunk of a tree, stated in inches and
measured at 4 1/2 feet above the existing grade at the base of
the tree; dbh shall be the form of size measurement for trees greater
than four inches in diameter.
DRIPLINE
An artificial line along the ground that conforms to the
perimeter of the crown of a tree and projects vertically to the ground.
NUISANCE TREES
Any tree that poses a risk to the general public or urban
forest or is identified as problematic to the community as determined
by the Village Manager or his or her designee, any tree species designated
as a nuisance in the Village's Arboricultural Standards Manual, or
any State of Illinois identified nuisance. Nuisances unrelated to
the species or condition of a particular tree are determined at the
discretion of the Village Manager or his or her designee.
PROPERTY OWNER
The record owner or contract purchaser of any parcel of land.
PUBLIC TREE
Any tree located on any Village-owned property, including,
without limitation, parkway and other rights-of-way.
REMOVABLE TREE
Any deferred species or nuisance tree as well as any dead,
diseased, or hazardous trees as determined by the Village Manager
or his or her designee.
REMOVE or REMOVAL
The felling and/or destruction of a tree, or the effective
destruction of a tree through damage or otherwise.
REPLACEMENT TREE
A tree installed pursuant to a tree removal permit to replace
a significant tree that an applicant has been authorized to cut or
destroy.
SIGNIFICANT TREE
Any tree located on private property, other than a nuisance
or deferred tree, having a dbh of eight inches or more.
SIGNIFICANT TREE PLAN
A plan submitted to the Village that includes the following:
(A)
Identifies all significant trees on the lot, parcel, or tract,
including their location, size (in dbh), species, and condition;
(B)
Indicates the nature and extent of the tree-impact activity
that is proposed to occur within, or likely to interfere with, the
dripline of any significant tree; and
(C)
Sets forth in detail the measures to be undertaken to protect
any significant tree.
TREE
A self-supporting, woody plant, together with its root system,
having a well-defined stem or trunk or a multistemmed trunk system,
a more or less well-defined crown, and a mature height of at least
eight feet. "Tree" does not include trees in containers or nursery
stock trees kept or maintained for resale.
TREE EMERGENCY
A tree as determined by the Village Manager or his or her
designee that has become an imminent danger or hazard to persons or
property as a result of fire, motor vehicle accident or natural occurrence
such as lightning, windstorms, ice storms, floods, or other similar
events; or a tree that must be removed in order to perform emergency
repair or replacement of public or private water, sewer, electric,
gas, or telecommunications utilities.
TREE-IMPACT ACTIVITY
Any activity that will or is likely to involve or result
in: (i) the subdivision of any lot, parcel, or tract of land in the
Village; (ii) the cutting or destruction of a significant tree outside
the building envelope; or (iii) taking actions inside or outside of
the building envelope that will likely result in the cutting or destruction
of a significant tree.
TREE REMOVAL PERMIT
A permit issued by the Village Manager or his or her designee
authorizing the removal of a tree pursuant to the provisions of this
Article 17.
Any person that proposes to undertake any tree-impact activity
shall be required to submit a significant tree plan as part of the
tree removal permit application to the Village Manager or his or her
designee, prior to the approval or commencement of any tree-impact
activity. The significant tree plan shall be submitted on a form prescribed
by the Village Manager or his or her designee. The Village Manager
or his or her designee may require an applicant to submit supplemental
information that may reasonably be necessary to conduct a complete
review of the application pursuant to this Article 17.
Whenever a tree removal permit is subject to a tree replacement
obligation due to the cutting or destruction of a significant tree,
the Village Manager or his or her designee shall determine what the
tree replacement obligation shall be. The obligation shall be based
on the size of the significant tree(s) affected and subject to the
following terms.
(A) The Village Manager or his or her designee shall require the applicant to replace the significant tree(s) removed with new trees, each of which shall have a minimum diameter of not less than three inches. The total diameter of replacement tree(s) shall equal or exceed the dbh of the tree(s) removed, unless the Village Manager or his or her designee determines that full replacement would result in unreasonable crowding of trees upon the subject property. In such an event, the applicant shall be responsible for payment of a tree replacement fee as set forth in Section
14-17-9(E) of this Code.
(B) The Village Manager or his or her designee shall have prior approval
of all species of trees to be planted on the property when the planting
of replacement trees is required.
(C) An applicant shall be required to replace any replacement tree that
does not survive the second anniversary of its installation.
(D) An applicant that selects replacement trees from the Village's preferred
species list shall have the replacement ratio reduced by 20%.
(E) If the subject property cannot accommodate the required replacement
trees, or the applicant chooses to pay a fee in lieu of planting replacement
trees on the property, the Village shall require payment of a tree
replacement fee in the amount set forth in the Annual Fee Resolution
per diameter inch of tree removed. The Village shall then use such funds to purchase and
plant trees elsewhere on Village property.
Any applicant in a conservation area shall be prohibited from
removing more than 20% of the significant trees located on said conservation
area throughout the term of the conservation area tree removal permit.
The violation of any provision of this Article 17 shall be grounds
for revocation of any permit or approval issued pursuant to this Article
17.