[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.]
This chapter shall be known, cited, and referred to as the "Bannockburn
Tree Ordinance."
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;
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.
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.
B.
Exemptions. The permit requirements set forth in § 216-6 below shall not apply to:
(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.
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.
AT-RISK TREE
BUCKTHORN
BUFFERYARD
BUFFERYARD SHRUB
BUFFERYARD TREE
BUILDING COMMISSIONER
CALIPER
CONSERVANCY AREAS
CONSTRUCTION ACTIVITY
(1)
(2)
(3)
(4)
(5)
DAMAGE
DESTRUCTION; DESTROY
DIAMETER BREAST HEIGHT (DBH)
GROUND LINE
PERSON
PLANTING SEASON
REFORESTATION PLAN
ROOT ZONE
SHRUB
SUBJECT PROPERTY
TREE
TREE PRESERVATION PLAN
USE CHANGE
(1)
(a)
(b)
(c)
(d)
(e)
(2)
VILLAGE
VILLAGE FORESTER
As used
in this chapter, the following terms shall have the meanings indicated:
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.
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).
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.
Any shrub located within a bufferyard.
Any tree (regardless of caliper or DBH size) that is located
within a bufferyard.
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.
The diameter of the trunk of a tree measured at a point:
An area designated on a recorded plat, deed, or covenant
to protect the natural features of the area.
Any man-made change, including, without limitation:
Maintenance of existing structures, paved areas, or utilities,
to improved or unimproved real estate;
The construction or installation of new, or the enlargement
of existing, structures, streets, or utilities;
Dredging, filling, clearing, drilling, mining, grading, paving,
or excavating operations;
Demolition; and
Open storage of materials.
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.
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.
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.
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.
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.
The periods of April 15 through June 15 and September 1 through
November 1 in any calendar year.
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.
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.
Any woody plant, together with its root system, of low height
with several stems.
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.
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]
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" shall mean:
Any subdivision of property as defined by Chapter 205, Subdivision Regulations, of the Village Code, as amended;
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;
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;
Any activity involving construction, earth moving, demolition,
or vehicular traffic, or any similar activity, occurring within a
root zone; or
Any activity involving the damage or destruction of a tree.
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.
The Village of Bannockburn.
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.
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:
(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.
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.
[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.
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.
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.
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.
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.
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.
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.
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.
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.
This chapter shall apply to all tree permit applications which
have been submitted after November 12, 2013.