Village of Bannockburn, IL Chapter 216 Trees and Woodland Protection

[HISTORY: Adopted by the President and Board of Trustees of the Village of Bannockburn 11-12-2013 by Ord. No. 2013-22. Amendments noted where applicable.]

GENERAL REFERENCES

Buildings and building regulations — See Ch. 109.

Subdivision regulations — See Ch. 205.

Utilities — See Ch. 225.

Zoning — See Ch. 260.

§ 216-1 Short title.

This chapter shall be known, cited, and referred to as the "Bannockburn Tree Ordinance."

§ 216-2 Intent.

The intent of this chapter is, through the preservation, protection, planting and proper maintenance of trees, to:

A. Aid in the stabilization of valuable topsoil by the prevention of erosion and sedimentation;

B. Assist in proper stormwater runoff and prevent the costs associated with flooding to the greatest extent practicable;

C. Protect an important link in the hydrologic cycle which trees provide through the transpiring of water and the neutralization of waste that pass through to the groundwater table and other aquifers;

D. Aid in the purification of the air through the removal of harmful carbon dioxide, the generation of oxygen and the precipitation of dust and other airborne pollutants;

E. Provide a buffer and screen against noise pollution;

F. Restore as much as possible the denuded soil resulting from construction or grading work which accompanies development;

G. Provide a haven for birds, insects and other forms of wildlife which are essential to the maintenance of the food chain and which provide assistance in the control of disease-carrying mosquitoes;

H. Protect and increase property values in a manner that will maintain each individual's enjoyment of his or her property;

I. Conserve and enhance the Village's physical and aesthetic environment, especially its valuable natural and rural atmosphere;

J. Provide important psychological benefits to persons within the Village;

K. Encourage the protection of healthy trees and provide for the replacement and/or replanting of trees that are necessarily removed during construction, development, or redevelopment;

L. Reduce energy consumption through the shade and windbreak effect of trees;

M. Eliminate the existence of trees that pose a threat, danger, or nuisance to the public or to property in the Village; and

N. Generally protect and enhance the quality of life and the general welfare of the Village;

§ 216-3 Statutory authority.

In furtherance of the purposes and intent of this chapter, the Village intends to employ the powers, methods, and instrumentalities authorized pursuant to the Village's home rule authority pursuant to Article 7, Section 6, of the Illinois Constitution of 1970 and the Illinois Municipal Code (65 ILCS 5/1-1-1 et seq.), including but not limited to the power to zone, and the power to regulate subdivisions, and to complement the state's interests and values as stated through the enactment of the Illinois Environmental Protection Act (415 ILCS 5/1 et seq.) and other relevant laws.

§ 216-4 Scope; application; exemptions; and enforcement.

A. General application; cumulative provisions. The provisions of this chapter shall apply generally and uniformly to all areas and districts within the Village of Bannockburn, except as provided in Subsections B and C hereof. The provisions of this chapter shall be cumulative with consistent provisions of other ordinances of the Village of Bannockburn and of the statutes of the State of Illinois and the United States, and to the extent consistent shall be applied and enforced simultaneously. Whenever inconsistent, the provision resulting in the maximum protection, preservation, or planting of trees or the highest quality of trees shall govern, except where limited by law. It is intended, in particular, that the provisions of this chapter shall be applied cumulatively and simultaneously with the provisions of Village Code Chapter 260, Zoning, Chapter 205, Subdivision Regulations, the Bannockburn Building Code,[1] the Bannockburn Storm and Sanitary Sewerage Systems and Facilities Regulations, the Bannockburn Water Systems and Facilities Regulations,[2] and the Bannockburn Plumbing Code,[3] and no approvals or permits issued pursuant to such ordinances and codes shall be deemed to authorize the killing, destruction, removal, or planting of trees without also complying with the applicable provisions of this chapter.

[1] Editor's Note: See Ch. 109, Buildings and Building Regulations.

[2] Editor's Note: See Ch. 225, Utilities.

[3] Editor's Note: See Ch. 109, Art. VI, Plumbing Code.

B. Exemptions. The permit requirements set forth in § 216-6 below shall not apply to:

(1) Trees that the Village Forester has determined have become, or immediately threaten to become, a hazard to persons, property or vegetation and must be destroyed in accordance with § 216-9 or 216-10 below.

(2) Properties for which a specific landscaping or tree preservation plan has, prior to the effective date of this chapter, been approved pursuant to the terms of an annexation agreement, special permit ordinance, or other specific agreement or ordinance applicable to such property.

(3) Prior permits issued that are still open and valid.

C. Exceptions. The Village Board may authorize exceptions to any of the requirements and regulations set forth in this chapter, provided that the granting of the exception will not defeat the fundamental purpose and intent of this chapter nor be detrimental to the public property in the vicinity of the subject property for which the exception is requested.

D. Enforcement. The Building Commissioner shall be responsible for the administration and enforcement of this chapter.

§ 216-5 Definitions and word usage.

A. For the purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense and words in the singular include the plural. The word "shall" is always mandatory and not merely directory. Words not defined herein but defined in Chapter 260, Zoning, shall have the meanings ascribed to them in Chapter 260. Other words not defined herein or in Chapter 260 shall have their usual and customary meanings with reference to related ordinances of the Village.

B. 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 SHRUB

Any shrub located within a bufferyard.

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;

(4) Demolition; and

(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.[1]

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.

[1] Editor's Note: Appendix A is included as an attachment to this chapter.

§ 216-6 Tree and shrub protection and removal; permit requirements.

A. General. The care and protection of trees and shrubs in the Village shall be within the jurisdiction of the Building Commissioner. It shall be the responsibility of the Building Commissioner, with such advice and assistance of the Village Forester as the Commissioner shall deem appropriate, to review plans and permit applications, to make inspections, to make recommendations, and to provide generally for the care and management of trees and shrubs in the Village.

B. Conservancy areas. No alteration of any conservancy area shall be permitted without the written approval of the Village President and the Board of Trustees nor, in any case, in violation of any valid covenant or other agreement to conserve or protect the natural features, trees, shrubs, and other wildlife enforceable with respect to any area within the Village.

C. Bufferyards. No bufferyard tree or bufferyard shrub shall be removed from a bufferyard unless a valid tree permit has been issued authorizing such removal. Except as otherwise provided by Subsection G, the application for such tree permit shall include a tree preservation plan and a reforestation plan providing for the preservation, replacement and/or replanting of plant units in the affected bufferyard in sufficient number and appropriate species to achieve the opacity value required under the Table of Required Opacity Value set forth in § 260-907D(1) of the Bannockburn Zoning Code (the "opacity requirements"); provided, however, that if the affected bufferyard meets or exceeds the required opacity value as set forth in § 260-907 of the Zoning Code, notwithstanding the removal of the bufferyard trees or bufferyard shrubs, as the case may be, the applicant shall only be required to comply with the replacement and replanting obligations of this chapter for the removed trees.

[Amended 7-11-2016 by Ord. No. 2016-22]

D. Tree permit requirements.

(1) Permit required. No person shall cause a use change without there first having been issued a valid tree permit for all use changes to be performed or to be caused on the subject property. No person shall be entitled to any permit for any activity constituting a use change unless a valid tree permit for such activity shall have first been issued in accordance with this chapter. No person shall be entitled to any tree permit unless the subject property, upon the issuance of the tree permit, is in strict compliance with the terms and provisions of this chapter and the terms and provisions of all other applicable laws, ordinances, rules and regulations of the Village and of all other governments and agencies having jurisdiction.

(2) Application.

(a) Any person desiring a tree permit shall submit a written application to the Village Clerk on a form provided by the Village Clerk setting forth the following information:

[1] Name and address of applicant.

[2] Legal relationship of the applicant to the subject property.

[3] Written authorization of the owner of the subject property, if applicant is not the owner.

[4] Location of the subject property, including street address or legal description.

[5] Size of the subject property.

[6] Any recorded plat, deed, or covenant that indicates that all or part of the subject property is located within a conservancy area.

[7] Number, size, species, class, and condition of trees which will be removed or destroyed in the course of the proposed use change.

[8] Number, size, species, class, and condition of trees which might be damaged or destroyed by the proposed use change or any activity taken in connection therewith, and a tree preservation plan setting forth the steps to be taken to prevent such damage or destruction and any necessary remedial action. A tree preservation plan provided in connection with construction activity shall incorporate at least the techniques and safeguards set forth in Subsection E, or shall explain in detail the alternative techniques and safeguards to be employed and the justifications therefor.

[9] Location, dimensions and current and proposed use of existing and proposed buildings, structures, paved areas, utility lines and utility and access easements on and adjacent to the subject property.

[10] Rough slope of the subject property and whether there have ever been any drainage or stormwater run-off problems in connection with the subject property.

[11] A reforestation plan to which the applicant shall agree in writing to implement and complete as a condition of the issuance of the tree permit.

[a] The reforestation plan shall provide for the replacement and replanting of trees of sufficient number and appropriate species such that i) the sum of the DBH of all trees in each class that will be destroyed in effecting the proposed use change and ii) the sum of the DBH of all trees that were destroyed by any prior illegal or unauthorized use change for which a tree permit was required but not issued will be equivalent to the sum of the caliper of the trees that are to be planted as follows:

[i] For every Class 1 tree removed or destroyed, or to be removed or destroyed, the ratio of DBH removed to Class 1 replacement tree caliper to be planted will be 1:1.

[ii] For every Class 2 tree removed or destroyed, or to be removed or destroyed, the ratio of DBH removed to Class 1 replacement tree caliper to be planted will be 2:1.

[iii] For every Class 3 tree removed or destroyed, or to be removed or destroyed, the ratio of DBH removed to Class 1 replacement tree caliper to be planted will be 3:1.

[iv] In the event that a reforestation plan is approved with Class 2 replacement trees, the ratios in Subsections [i], [ii] and [iii] shall be, respectively, 1:2, 1:1, and 2:1.

[v] No reforestation plan may provide for Class 3 replacement trees.

[vi] A reforestation plan shall provide for diversity among the replacement trees. For any reforestation plan requiring more than five replacement trees to be installed, no more than 33% of the replacement trees may be of the same species.

[b] Every reforestation plan shall include a table or chart setting forth calculations to demonstrate that the reforestation plan satisfies the foregoing requirements, including the classes of trees, mitigation requirements, and species diversity. Every reforestation plan shall also include a schedule for the planting of the replacement trees, as well as an agreement to provide for the care and feeding of the newly planted replacement trees for a period of two years after installation, which care and maintenance shall in all respects conform to the current standards generally observed by professionals in the forestry, landscaping and landscape architecture professions. Every reforestation plan shall be binding upon successors and assigns of the subject property.

[12] Such other data or information as the Building Commissioner shall deem necessary to permit full and fair consideration of the application.

(b) The data required by Subsection D(2)(a)[7] through [11] may, for purposes of an application, be submitted in such form, detail and degree of accuracy as may be reasonably feasible without undertaking professional studies and surveys. Every application shall be accompanied by the plan review fee and the reforestation security required by § 216-7 of this chapter.

(3) Site plan. If the Building Commissioner, based on the recommendation of the Village Forester, determines that the application does not provide sufficient information to enable the Building Commissioner to fulfill his or her duties under this chapter, he or she may require the submission of a site plan of the subject property or of any portion thereof, prepared by qualified professionals, on a topographic map, which shall graphically and accurately show:

(a) All data and information required by Subsection D(2)(a)[5] through [11] above.

(b) Existing and proposed contours.

(c) Critical spot elevations.

(d) Building elevations.

(e) Existing and proposed shrubs and landscaping other than trees.

(f) A legend identifying, by number, all existing trees that are on the subject property and all proposed trees to be planted on the subject property pursuant to the reforestation plan. The identifying number shall reference the individual tree's DBH or caliper, species, general condition and proposed disposition.

(g) Detailed specifications for protection of trees during development of the property.

(h) Such other data or information as the Building Commissioner shall deem necessary to permit full and fair consideration of the application.

(4) Consultation. Upon submission of an application, an applicant for a tree permit may consult with the Building Commissioner and/or the Village Forester to determine whether the application as proposed would comply with this chapter and with the current standards generally observed by professionals in the forestry, landscaping and landscape architecture professions. However, in no case shall the results of such consultation be deemed either an approval of any application or a binding determination that no tree permit is required. Such results shall in no case entitle any applicant to the issuance of a tree permit. The applicant shall be responsible for payment of any costs incurred in providing such consultation services.

(5) Action on application. Upon receipt of either the application or the site plan, the Building Commissioner shall direct the Village Forester to visit and inspect the subject property as well as contiguous and adjoining lands and to make recommendations concerning the application. If the Building Commissioner shall, based on the recommendation of the Village Forester, determine that: a) the proposed use change will destroy or endanger no more trees than are reasonably necessary to achieve the applicant's objectives, b) the application, including the tree preservation plan, reforestation plan, the site plan, the plan review fee and the reforestation security, each satisfy the requirements of this chapter, and c) the use change will result in no undue adverse effect upon the public welfare as expressed in § 216-2 of this chapter, then the application shall be approved and the tree permit shall be issued; otherwise the application shall be denied or, alternately, it may be approved subject to such conditions as the Building Commissioner shall determine to be necessary to protect the public welfare, achieve the purposes of this chapter, and prevent the undue destruction of trees. Notwithstanding anything to the contrary in this Subsection D(5), no tree permit shall be issued in connection with an application for any subject property that has had one or more reforestation plans during a five-year period involving more than 50 trees or more than 30% of the trees on the subject property (whichever is less) unless and until such application and reforestation plan has been reviewed and approved by the Village Board.

(6) Waiver of reforestation plan through payment of a fee-in-lieu.

(a) The Building Commissioner may waive or modify any portion of the reforestation plan requirements if the Building Commissioner determines that replacing trees at the full replacement rate would:

[1] Result in the unreasonable crowding of trees upon the subject property; or

[2] Adversely impact the viability of existing trees on the subject property; or

[3] Not otherwise be consistent with the current standards generally observed by professionals in the forestry, landscaping, and landscape architecture professions.

(b) Upon a determination by the Building Commissioner that an applicant has demonstrated one or more of the above, in lieu of providing replacement trees at the required replacement rate, the reforestation plan may be modified to require the applicant to i) replace the trees at the highest practical replacement rate under the circumstances and ii) pay a tree replacement mitigation fee assessed at the amount of $150 for each one inch caliper of replacement trees that are not being planted on the subject property at the full replacement rate that would otherwise be applicable. All tree replacement mitigation fees collected by the Village shall be used to promote the purposes of either planting trees in the Village or performing forestry maintenance activities as recommended by the Village Forester to eliminate or otherwise control diseased trees, damaged trees, trees that are inappropriate or injurious to other trees in the local ecology, or trees that result in overcrowding of trees to the detriment of other healthy trees. Any use of tree replacement mitigation fees for any purpose other than tree replacement must first be expressly approved by the Village Board.

(7) Waiver or modification through zoning or subdivision approval. Where a zoning or subdivision approval is so conditioned as to fully accomplish the goals and purposes of this chapter, the Board of Trustees may waive or modify the requirements of this Subsection D. Such waiver or modification may be revoked at any time and shall be revoked in the event that any condition imposed pursuant to such approval is violated and such violation persists after reasonable notice to the owner of the property of such violation.

E. Construction activity; protection and fencing. The tree preservation plan for any construction activity shall provide details to show that the construction activity will be planned and performed in such a manner, to such a degree, and with such equipment and personnel so as to involve the least amount of damage or removal of trees and to comply with the purposes and intent of this chapter. Unless the Building Commissioner or Village Forester provides otherwise, protective measures shall be undertaken, including without limitation installation of protective fencing on the site generally at a point not to exceed 20 feet beyond the foundation walls of all buildings and five feet from the edge of hardscape surfaces. Once erected on the subject property, the fence shall remain in place, in a full, upright position, until all construction activity is completed (including implementation of the reforestation plan associated with such construction activity, except as expressly provided in such reforestation plan). The protective fencing shall be wood, plastic, or chain-link fencing, as determined by the Building Commissioner or Village Forester. The fence shall be four feet in height with steel supporting posts eight feet to 10 feet on center. The posts shall be driven into the ground to hold the fence in an upright position throughout construction on the site.

F. Buckthorn removal. Notwithstanding any provisions in this chapter to the contrary, any person wishing to remove buckthorn from subject property within the Village must comply with this Subsection F.

(1) The person wishing to remove buckthorn must apply for and obtain a tree permit as required by Subsection D of this section prior to the removal of such buckthorn.

(2) The Village shall waive any requirement for a reforestation plan under Subsection D(2)(a)[11] and a fee-in-lieu under Subsection D(6) if:

(a) The buckthorn being removed is not within the bufferyard; or

(b) The subject property continues to meet the opacity requirements after the removal of the buckthorn.

(3) If the buckthorn being removed is within the bufferyard and the subject property will no longer meet the opacity requirements upon the removal of such buckthorn, the owner of the subject property shall be required to:

(a) Submit for Village approval a reforestation plan identifying plantings that will bring the subject property into compliance with the opacity requirements; and

(b) Plant within two years of the date of the issuance of the tree permit (the "fallow period") plantings in accordance with the approved reforestation plan that will be maintained and cause the subject property to comply with the opacity requirements within five years.

(4) To ensure timely implementation of the reforestation plan after the fallow period, the Village shall record against the title of the subject property a notice (the "reforestation notice") that:

(a) Sets forth the property owner's obligation to install the plantings in conformance with the approved reforestation plan and opacity requirements;

(b) States that failure to comply with the reforestation plan will subject the then-owner of the subject property to fines; and

(c) States that a release of the reforestation notice will be filed upon the completion of plantings under the reforestation plan.

(5) If the fallow period expires and the subject property is not in compliance with the reforestation plan, the reforestation notice will remain recorded against the subject property, and the then-owner of the subject property will be subject to the applicable fine provisions of the Village ordinances.

(6) If the plantings required by the reforestation plan have been successfully completed on the subject property and approved by the Village within the fallow period, the Village will record a release of the reforestation notice with respect to the subject property.

(7) All recording expenses arising under this Subsection F shall be at the expense of the person seeking removal of buckthorn.

G. Removal of dead, dying or hazardous trees or shrubs. Notwithstanding any provisions in this chapter to the contrary, any person wishing to remove any tree or shrub that is dead or dying due to disease or insect infestation or that is otherwise hazardous due to natural conditions or force majeure from subject property within the Village may obtain a permit pursuant to, and thereafter must comply with, this Subsection G.

[Amended 7-11-2016 by Ord. No. 2016-22]

(1) The person wishing to remove one or more trees or shrubs that are dead or dying due to disease or insect infestation or that are otherwise hazardous due to natural conditions or force majeure must apply for and obtain a tree permit as required by Subsection D of this section prior to the removal of any such tree or shrub.

(2) In connection with a tree permit issued under this Subsection G, the Village Manager shall waive any requirement for a tree preservation plan or reforestation plan under Subsection D(2)(a)[11] and a fee-in-lieu under Subsection D(6) if the Village Forester certifies that the tree or shrub to be removed is dead or dying as a result of disease or insect infestation or is otherwise hazardous due to natural conditions or force majeure.

(3) Notwithstanding the provisions of Subsection G(2), if the tree or shrub to be removed pursuant to a tree permit issued under this Subsection G was planted on a zoning lot located in any zoning district other than the A or B District a) pursuant to an approved reforestation plan or tree preservation plan; b) in connection with the establishment or a required bufferyard pursuant to § 260-907 of the Bannockburn Zoning Code; or c) to satisfy a requirement or condition of a zoning permit or approval, annexation agreement, Architectural Review Commission approval, or other specific agreement, ordinance, permit, or approval applicable to the subject property (collectively "plan or approval"), then the permittee shall be required to replace the tree or shrub to the extent required by, and in accordance with, such plan or approval.

(4) Notwithstanding the provisions of Subsection G(2), if the tree or shrub to be removed pursuant to a tree permit issued under this Subsection G was planted on a zoning lot located in the A or B District and such tree or shrub was originally required in connection with a specific approval of the Board of Trustees, then the permittee shall be required to replace the tree or shrub to the extent required by, and in accordance with, such approval of the Board of Trustees.

§ 216-7 Fee and security.

[Amended 5-22-2017 by Ord. No. 2017-12]

A. Plan review fee. Every application submitted pursuant to § 216-6D(2) of this chapter shall be accompanied by a nonrefundable plan review fee for ordinary review of the application and a nonrefundable application fee in amounts set from time to time by the Village Board in accordance with the Bannockburn Fee Schedule. Notwithstanding the requirements of § 216-6D(5), where the Building Commissioner determines that the use change is of such a limited and minor nature that it does not warrant referral to the Village Forester or the tree being reviewed is dead and/or hazardous, any plan review fee submitted with the application shall be refunded. In addition, where the nature of the application requires additional professional review by the Village Forester, the Village Engineer, the Village Attorney, or another consultant, an additional nonrefundable plan review fee equal to the actual cost to the Village of securing such review shall be charged to and paid by the applicant.

B. Reforestation security.

(1) Authorized security. In addition to the aforesaid plan review fee, every application submitted pursuant to § 216-6D(2) of this chapter shall be accompanied by a reforestation security. The reforestation security shall consist of either a cash deposit to be held in escrow by the Village Treasurer, an irrevocable letter of credit issued by a lender authorized to issue such letter by any state or by the United States, or such other form of security approved by the Building Commissioner, who may consult with the Village Forester about the full implementation of the reforestation plan, as determined by the Building Commissioner.

(2) Amount. The amount of the reforestation security shall be determined by the Building Commissioner, who may consult with the Village Engineer or the Village Forester, and shall be equal to the total estimated cost of strictly complying with and fully implementing the reforestation plan, with an allowance for inflation and/or interest if any is applicable. In furtherance of this provision, the owner of the subject property shall cause a cost estimate or signed contractor proposal to accompany the reforestation plan as a reference to the Village for determining the appropriate reforestation security.

(3) Administration. If at any time the Building Commissioner shall determine that the applicant has neglected or refused to comply with or implement the reforestation plan, the Building Commissioner is authorized to perform or to cause to be performed such work as he or she shall deem necessary to ensure strict compliance with and full implementation of the reforestation plan and to deduct, liquidate, or apply an amount equivalent to the actual costs of such work from the reforestation security. Upon completion of the reforestation plan, the reforestation security, or any remainder thereof, shall be returned or released to the applicant.

§ 216-8 General planting regulations.

Any tree or shrub required to be planted under a reforestation plan or as a condition of approval pursuant to this chapter shall conform to the latest edition of American Standard for Nursery Stock as approved by the American Standards Institute, Inc. and currently issued as ANSI Z60.1-2004. Unless otherwise authorized by the Village Forester, the installation of replacement trees under a reforestation plan shall occur only during a planting season. If the installation of replacement trees under a reforestation plan occurs outside a planting season, the two-year warranty period referenced in § 216-6D(2)(a)[11] shall begin at the beginning of the next planting season.

§ 216-9 Dangerous and diseased trees.

A. General maintenance. Every property owner shall maintain the trees and shrubs on his or her property and on the parkways abutting his or her property in a safe and healthy manner; shall keep trees and shrubs properly watered, trimmed, pruned, sprayed, treated and preserved so as to avoid disease, insect infestation, or other conditions detrimental to such trees and to avoid hazards to persons, property, and other vegetation; and shall remove trees and shrubs on his or her property that are so unsafe, unhealthy, diseased, or insect-infested as to constitute a hazard to persons, property or other vegetation.

B. Obstructions and other dangerous conditions.

(1) Conditions.

(a) Every owner or occupant of any house, building, lot, or premises in the Village shall keep trees, shrubs, vines, and other vegetation located on his or her property trimmed and maintained so as to prevent or remove the following conditions:

[1] Any tree which is dead, dangerous, or likely to fall or that is so unsafe, unhealthy, diseased, or insect-infected (including without limitation ash trees infested with the emerald ash borer and pine trees impacted with pine wilt) as to constitute a hazard to persons, property or other vegetation;

[2] The obstruction of any street, pedestrian path, or designated Village bridle path to any extent which interferes with free passage and clear view along such streets and paths and at any street or driveway intersection;

[3] The obstruction of any sewer, drainageway, or septic field;

[4] The dangerous proximity of any tree or other vegetation to public utility lines; and

[5] The interference with any existing or proposed public improvement.

(b) Said conditions are hereby declared to be public nuisances and any tree or other vegetation located on private property which is allowed to grow in violation of the foregoing subsections shall be deemed to be a weed subject to fine and abatement by the Village as provided by state statute.

(2) Whenever any person whose duty it is to keep any tree or other vegetation trimmed or cut as provided in the preceding subsection shall fail to do so, the Building Commissioner shall cause written notice to be served upon such person, requiring such person to perform the work within 30 days following mailing or personal delivery of such notice. Such notice shall also notify the owner that, unless the required work is done within such thirty-day period, the Village will proceed with the work, assess the cost thereof against the owner, and impose a lien for such cost on the affected property.

(3) The notice referred to in Subsection B(2) above shall be personally served or sent by registered mail to the person to whom was sent the last preceding general tax bill for the property upon which the tree or trees affected is or are located, and a copy of said notice shall be mailed to the owner or occupant of such property.

(4) Within 30 days following delivery or mailing of the notice described in the preceding subsection, the owner of the property shall cause the nuisance to be removed or remedied. If the owner or occupant shall neglect or refuse to trim or maintain the trees or other vegetation as required by the notice, the Village shall promptly cause the removal or remedy of the nuisance by Village employees or contractors. If the Village shall so cause the removal or remedy of any such nuisance, all direct and indirect expenses incurred in connection therewith, including the costs of collection, shall be assessed against the property owner. In the event such expenses are not paid upon billing, the Village Clerk, not later than 60 days after performance of the work, shall file a notice of lien against such property for the amount of such expenses in the manner provided by statute.

C. Dutch elm disease.

(1) Trees of all species and varieties of elm, Zelkova, and Planera infected with the fungus Ceratostomella ulmi, as determined by the Village Forester, are hereby declared to be public nuisances. Trees or parts thereof of elm, Zelkova, or Planera in a dead or dying condition that may serve as breeding places for the European elm bark beetle (Scolytus multistriatus) are hereby declared to be public nuisances. It shall be unlawful for any person to keep, maintain, or possess on any property in the Village any tree of the type described in this subsection.

(2) Whenever a public nuisance described in the preceding subsection is found to exist, the Building Commissioner shall cause notice of such nuisance to be served upon the owner of the property where the nuisance is found, requiring such person to remove or remedy the same within 30 days following mailing or personal delivery of such notice. Such notice shall also notify the owner that, unless such nuisance is removed or remedied within such thirty-day period, the Village will proceed with the removal or remedy of such nuisance, assess the cost thereof against such property owner, and impose a lien for such cost on the affected property. The notice shall also include a copy of 65 ILCS 5/11-20-12 and shall identify the property, by common description, and the tree or trees affected.

(3) The notice referred to in Subsection C(2) above shall be personally served or sent by registered mail to the person to whom was sent the last preceding general tax bill for the property upon which the tree or trees affected is or are located, and a copy of said notice shall be mailed to the owner or occupant of such property.

(4) Within 30 days following delivery or mailing of the notice described in the preceding subsection, the owner of the property shall cause the nuisance to be removed or remedied. If the owner or occupant shall neglect or refuse to remove or remedy such nuisance as required by the notice, the Village shall promptly cause the removal or remedy by Village employees or contractors. If the Village shall so cause the removal or remedy of any such nuisance, all direct and indirect expenses incurred therewith, including the cost of collection, shall be assessed against the property owner. In the event such expenses are not paid upon billing, the Village Clerk, not later than 60 days after performance of the work, shall file a notice of lien against said property for the amount of such expenses in the manner provided by statute.

D. At-risk tree removal.

(1) Any subject property that includes at-risk trees (including without limitation American elm and ash trees with a Class 3 rating) may receive a tree permit for the removal of such at-risk trees to avoid the spread of disease or infestation. Unless a permit is secured under § 216-6G of this chapter, and notwithstanding any other provision in this chapter to the contrary, a tree permit for the removal of at-risk trees may be issued based upon a reforestation plan that provides for:

(a) The removal of the at-risk trees over a period of time and the prompt planting of replacement trees pursuant to a schedule approved as part of the reforestation plan that will minimize the effects of deforestation and visual impact to the forested appearance of the subject property and its environs.

(b) Depending on the caliper of replacement trees, the caliper inches to be replaced may be reduced from the requirements set forth in § 216-6D(2)(a)[11] of this chapter.

(2) Any tree permit and reforestation plan (including an implementation schedule) under this Subsection D shall be subject to the review and approval of the Village Board.

E. Inspections. The Building Commissioner shall, on a regular basis, and the Village Forester shall, at the direction of the Village Board or the Building Commissioner, conduct such inspections and surveys as necessary to determine the existence, nature, and extent of violations of this section and shall report the results of such inspections and surveys to the Village Board.

F. Village-owned trees. Notwithstanding anything in this § 216-9 to the contrary, all species and varieties of elm, Zelkova, and Planera infected with the fungus Ceratostomella ulmi located on Village-owned property, and trees on Village-owned property meeting any of the criteria set forth in Subsection B(1)(a)[1] through [5] of this section, shall not be deemed a nuisance, but such trees shall be subject to removal at the expense of the Village.

§ 216-10 Emergencies.

In case of emergencies involving, but not limited to, tornadoes, windstorms, floods, freezes, or other natural disasters, the requirements of this chapter may be waived by the Building Commissioner, the Village Engineer, the Village Forester or the Village President.

§ 216-11 Appeals.

Appeals from any decision of or notice issued by the Building Commissioner pursuant to this chapter may be taken by the applicant or any other person adversely affected by such decision. Such appeals shall be taken to the Board of Trustees by filing a written notice of appeal with the Village Clerk within 10 days following the decision of the Building Commissioner or the date of the notice. The Board of Trustees shall review the application and any other evidence or documents, and may hear and receive new evidence, and shall render a decision on such appeal. The filing of an appeal from a § 216-9 notice shall stay enforcement thereof unless the Village Forester shall make a written finding that such stay would present an undue threat to persons or property in the Village.

§ 216-12 Penalty; permit revocation, suspension and expiration.

A. Any person who neglects or refuses to comply with or assists in the violation of any of the provisions of this chapter, or any order, permit, or notice issued pursuant to it, shall be fined not less than $25 nor more than $750. Each day such violation continues shall constitute a separate offense. Each tree to which a violation relates shall constitute a separate offense.

B. Any permit issued under this chapter may be revoked or suspended if the permit holder violates the terms of the permit or any other provision of this chapter. Unless otherwise approved as part of an implementation schedule included in the reforestation plan, each tree permit shall expire automatically if the use change authorized by the permit is not commenced within 180 days after its issuance, or is not completed within one year after its issuance. The Building Commissioner may, upon application of the permit holder, grant reasonable extensions of time for commencement or completion of such use change.

§ 216-13 Tree Commission.

The Village Architectural Review Commission shall serve as the Bannockburn Tree Commission. The duties of the Tree Commission shall be to:

A. Advise the Village Board on issues relevant to this chapter.

B. Annually evaluate performance under this chapter.

C. Provide leadership in the development of understanding of the objectives and methods of the tree program.

D. Assist the Building Commissioner in the development and maintenance of technical specifications and guidelines to aid in the administration and enforcement of this chapter.

E. Make recommendations from time to time for revising and updating this chapter.

F. Undertake such other duties or responsibilities as the Board of Trustees may find appropriate to advance the purposes for which this chapter is adopted.

§ 216-14 Prior permits and provisions.

Except with respect to tree permit applications submitted before November 12, 2013, the Bannockburn Tree Ordinance as approved by Village of Bannockburn Ordinance No. 2011-42 (the "Prior Tree Ordinance") is hereby repealed in its entirety and replaced by this chapter, including Appendix A attached hereto. Any tree permit application submitted before November 12, 2013, shall be subject to the Prior Tree Ordinance.

§ 216-15 Applicability.

This chapter shall apply to all tree permit applications which have been submitted after November 12, 2013.