As used
in this chapter, the following terms shall have the meanings indicated:
AT-RISK TREE
Any tree or class of trees that the Village Forester identifies
as being at risk of a serious infestation or disease that presents
a risk to the overall health of the trees within the Village, or Class
2 or 3 trees that present significant risk to Class 1 trees through
overcrowding, disease, or infestation.
BUCKTHORN
Includes all species of the plant commonly known as "buckthorn"
(Genus: Rhamnus), including common buckthorn (Rhamnus cathartica),
glossy buckthorn (Rhamnus frangula), saw-toothed buckthorn (Rhamnus
arguta), dahurian buckthorn (Rhamnus davurica), Japanese buckthorn
(Rhamnus japonica), and Chinese buckthorn (Rhamnus utilis).
BUFFERYARD
Any bufferyard area established pursuant to §
260-907 of the Bannockburn Zoning Code or, if no bufferyard has yet been established on a lot, that area within 25 feet of a side lot line and within 30 feet of a front lot line and rear lot line.
BUFFERYARD TREE
Any tree (regardless of caliper or DBH size) that is located
within a bufferyard.
BUILDING COMMISSIONER
The Building and Zoning Commissioner of the Village or his
or her duly designated agent or such other person as may from time
to time be specifically appointed by the President and Board of Trustees
to carry out all or any part of the functions of the Building Commissioner
under this chapter.
CALIPER
The diameter of the trunk of a tree measured at a point:
(1)
Six inches above the ground line for nursery stock up to and
including four inches in caliper.
(2)
Twelve inches above the ground line for nursery stock exceeding
four inches in caliper.
CONSERVANCY AREAS
An area designated on a recorded plat, deed, or covenant
to protect the natural features of the area.
CONSTRUCTION ACTIVITY
Any man-made change, including, without limitation:
(1)
Maintenance of existing structures, paved areas, or utilities,
to improved or unimproved real estate;
(2)
The construction or installation of new, or the enlargement
of existing, structures, streets, or utilities;
(3)
Dredging, filling, clearing, drilling, mining, grading, paving,
or excavating operations;
(5)
Open storage of materials.
DAMAGE
Taking of any direct or indirect action that causes, or is
reasonably likely to cause, the death of a protected tree or a significant
loss of a protected tree's structural integrity, including, without
limitation, destruction, poisoning, carving, mutilating, girdling,
severing the main trunk, leader, or large branches, touching with
live wires, crushing or exposing the roots, digging or drilling any
hole or trench within the root zone, filling with soil or other materials
within the root zone, compacting a substantial portion of the soil
in the critical root zone, or moving a tree to another location. Without
limiting the foregoing, "damage" does not include the pruning of protected
trees in accordance with Standard Practices for Tree, Shrub, and Other
Woody Plant Maintenance (ANSI A300) and Tree Pruning Guidelines published
by the International Society of Arboriculture or similar standards
and guidelines from time to time recommended in writing by the Village
Forester.
DESTRUCTION; DESTROY
Causing the death of a tree through removal, damaging, poisoning,
or any other direct or indirect actions resulting in its death, including
the demise of any tree on a subject property within two years after
the later of the completion of construction activity on such subject
property or the issuance of a certificate of occupancy.
DIAMETER BREAST HEIGHT (DBH)
The diameter of the trunk of the tree measured in inches
at a point 4.5 feet above the ground line. This point of measurement
is used for established and mature trees.
GROUND LINE
The elevation of the existing ground at the point where the
trunk of the tree meets the existing ground. If the tree is on a slope,
then the average elevation of the existing ground is used.
PERSON
Any public or private individual, group, company, firm, corporation,
partnership, association, society or any other combination of human
beings, whether legal or natural, but shall not include the Village
or its employees or officials.
PLANTING SEASON
The periods of April 15 through June 15 and September 1 through
November 1 in any calendar year.
REFORESTATION PLAN
The written plan submitted in connection with a use change
to the Village pursuant to this chapter providing for the installation
or replanting of trees on the subject property to replace destroyed
trees, subject to such terms and conditions as shall be specified
in the plan, as approved by the Village.
ROOT ZONE
The area enscribed by an imaginary circular line on the ground
beneath a tree, having as its center point the center of the trunk
of the tree and a radius equal to one foot for every inch of diameter
breast height.
SHRUB
Any woody plant, together with its root system, of low height
with several stems.
SUBJECT PROPERTY
Any lot as that term is defined by Chapter
260, Zoning, of the Village Code, which, or any portion of which, is affected by a use change.
TREE
Any self-supporting, woody plant, together with its root
system, growing upon the earth, usually with one trunk, or a multistemmed
trunk system, supporting a definitely formed crown. Except for bufferyard
trees, a "tree" shall not include any such plant with a caliper or
DBH of less than two inches. Each tree shall be categorized into one
of three classes as provided in Appendix A to this chapter.
TREE PRESERVATION PLAN
A plan that provides all of the detail necessary as may be
required by the Building Commissioner or Village Forester to verify
how the existing trees and bufferyard shrubs (except those addressed
in a reforestation plan), as well as site features, will be preserved
and protected in connection with a use change.
USE CHANGE
(1)
"Use change" shall mean:
(a)
Any subdivision of property as defined by Chapter
205, Subdivision Regulations, of the Village Code, as amended;
(b)
The commencement of any activity pursuant to a variation, amendment, special use, or special use-planned unit development granted in accordance with the provisions of Chapter
260, Zoning, of the Village Code;
(c)
The commencement of any activity requiring the issuance of any
grading, building, demolition, sewerage, water, plumbing, or other
permit (but not a license or certificate) required pursuant to any
Village ordinance;
(d)
Any activity involving construction, earth moving, demolition,
or vehicular traffic, or any similar activity, occurring within a
root zone; or
(e)
Any activity involving the damage or destruction of a tree.
(2)
However, a use change shall not include activity deemed by the
Building Commissioner or the Village Forester to be pruning conducted
in accordance with the Standard Practices for Tree, Shrub, and Other
Woody Plant Maintenance (ANSI A300) and Tree Pruning Guidelines published
by the International Society of Arboriculture or similar standards
and guidelines from time to time recommended in writing by the Village
Forester.
VILLAGE
The Village of Bannockburn.
VILLAGE FORESTER
An individual trained and experienced in the profession of
forestry and approved by the President and Board of Trustees to provide
professional and technical forestry advice to the Village and to assist
in the administration of this chapter.