[HISTORY: Adopted by the President and Board of Trustees of the Village of Granville as indicated in article histories. Amendments noted where applicable.]
§ 248-11 Tree preservation and/or removal plan for significant removals, construction and/or development.
[Adopted 4-3-2018 by Ord. No. 693]
This article of the Code is structured to preserve, protect and enhance critical infrastructure: the urban forest that is located on public land. The complete urban forest is comprised of trees across all land uses and ownership. This article will regulate public property trees but recognizes that trees on private property are part of the collective community resource.
The purpose of this article is to recognize the services and function that trees provide as a collective asset to the entire community and to state the goals of the Village of Granville with respect to the protection, preservation, care and planting of trees on public lands.
Specific goals of this article are to:
Protect, preserve and enhance the quality of life and general welfare of the Village of Granville, its residents, and property owners; and conserve and enhance the Village of Granville's natural, physical and aesthetic environment.
Preserve, protect and enhance the urban forest to ensure that trees are properly planted and maintained within the Village of Granville so that trees can protect, enhance and preserve the quality of life for people within the Village of Granville.
Recognize that trees are an integral part of the infrastructure of the Village of Granville and as such should be preserved, protected and cared for as other critical Village of Granville infrastructure.
Trees absorb pollution from the air;
Trees absorb and sequester carbon dioxide;
Trees absorb and filter pollution from stormwater runoff;
Trees produce oxygen;
Trees reduce flooding;
Trees stabilize soils and reduce erosion;
Trees cool the surrounding area helping to reduce impacts due to heat islands;
Trees reduce energy consumption by shielding structures from harsh winds and sun;
Trees provide a buffer and screen against noise, light and pollution;
Trees improve property values;
Trees improve commercial district buyer traffic;
Areas with trees have lower crime rates;
Areas with trees have higher levels of community interaction;
Trees provide important habitat for birds and other wildlife; and
Trees protect and enhance our quality of life.
Trees provide the Village of Granville collective benefits that extend beyond property boundaries throughout the entire Village of Granville.
Recognize that larger trees provide larger benefits. When a large tree is removed and replaced with a smaller tree the benefits and services are reduced.
Recognize that some trees may have a condition that constitutes a threat, danger or nuisance to the public or property within the Village of Granville or may be dangerous to the health of other trees and vegetation in the Village of Granville.
- An owner of a lot, parcel or tract of land for which an application has been filed for a permit, subdivision, or any activity requiring the issuance of a permit. A contractor is an agent, acting on behalf of the applicant, the landowner.
- Any individual experienced in the profession of forestry or a related field and is licensed or certified in forestry by an accredited forestry industry body, e.g. International Society of Arboriculture.
- An undesirable exotic invasive ornamental shrub introduced to North America. This species inhabits woodlands and savannas where it dominates the landscape prohibiting the development of native trees and plants. There are six species of buckthorn listed in the Illinois Exotic Weed Act, which prohibits the sale, distribution or planting of this species, Rhamnus cathartica, davurica, frangula, argula, utilis, and japonica.
- BUILDING ACTIVITY AREA
- The portion of a property within which development activity, including grading, excavation, storage of materials, construction access and construction of both main buildings and unattached structures, occurs.
- The upper portion of a tree sometimes called the crown. This section of the tree usually contains branches and leaves.
- CONSERVANCY OR PRESERVATION AREA (EASEMENT)
- An area under legal restriction within which the following requirements are enforced:
- A. All existing vegetation shall be preserved for the purpose of retaining the natural character or special environmental state or control;
- B. Any area with a special designation providing screening from adjacent uses or a public or private street;
- C. No plant material shall be removed from or planted in a conservancy or preservation area without a permit from the Village of Granville authorizing removal or planting;
- D. Conservancy or preservation areas may be established as part of the subdivision process or through the issuance of a special use permit;
- E. No undesignated structures, including fencing, shall be located in a conservancy or preservation area;
- F. Other restrictions as defined on the plat; and
- G. In all instances the approved language on the plat shall prevail.
- CRITICAL ROOT ZONE
- An area on the ground extending out from the trunk of the tree in all directions a distance of at least one foot for every inch DBH.
- Impact or loss of function to any tree, including, but not limited to, removal, root compaction, root removal, girdling, soil contamination, topping, pruning more than 20% of the trees, canopy removal, bark removal, poisoning and/or actions resulting in the decline or death of a tree.
- DECIDUOUS TREE
- A deciduous tree is one that loses most or all of its leaves for part of the year.
- Any proposed change in the use or character of land, including, but not limited to, the replacement of any structure or site improvements, e.g., irrigation installation, driveway replacement and installation of a retaining wall, among others. When appropriate to the context, development may refer to the receipt or necessity of any building, tree or site work permit. (See the landscape ordinance for more information.)
- DIAMETER AT BREAST HEIGHT
- The diameter of the trunk of the tree measured in inches at a point 4.5 feet above ground line. This forestry standard measurement is used for established and mature trees and is referred to as "DBH". All reference to diameter size shall be to the DBH.
- ENVIRONMENTAL PROFESSIONAL
- A degreed environmental scientist, biologist, botanist, forester or other similarly degreed and/or licensed plant professional with at least five years' experience in planting and maintaining native plants and their associated natural ecosystems.
- EVERGREEN TREE
- A tree that retains most of its leaves for most of the year.
- FOREST MANAGEMENT PLAN
- A detailed plan developed and approved by the Village of Granville under the direction of a certified arborist or forester which protects this valuable infrastructure and outlines thoughtful strategies for tree planting, selection, care and preservation for the Village of Granville and complies with recognized national standards.
- An individual trained and experienced in the profession of forestry who has a forestry degree from an institution of advanced education.
- The basic underlying framework or features that provide collective services, including but not limited to roads, waterlines, storm sewers, bioswales, and trees.
- INVASIVE SPECIES
- An introduced or exotic species that significantly modifies or disrupts the ecosystem in which it colonizes (e.g., buckthorn).
- LANDSCAPE CONTRACTOR
- A company or individual contracted to perform landscape services.
- LANDSCAPE MANAGEMENT PLAN
- A plan approved by the Village of Granville outlining the strategies for care and management of a specific type of landscape.
- LANDSCAPE PLAN
- A plan approved by the Village of Granville defining the location and species of plants and associated hardscape, including grading.
- LANDSCAPING PROFESSIONAL
- A registered landscape architect, horticulturalist or other similarly degreed, experienced and/or licensed plant professional.
- LEGACY TREE
- A legacy tree is a tree identified on the legacy tree list and which has been recorded as such by the Village of Granville. Legacy trees are provided special protection as outlined in the legacy tree program.
- NATURAL AMENITY EXCEPTION
- A landscape and preservation plan intended as a substitute for the replacement requirements of this article.
- NUISANCE TREES
- Nuisance trees are trees that may provide potential impacts to other trees, people or structures. This would include, but not be limited to, diseased, infested, structurally unsound trees or known invasive species.
- A single parcel shall mean any lot of record, zoning lot or any grouping of adjacent lots under single ownership, serving a principal structure or use.
- PREFERRED TREE LIST
- A listing of tree species, located in the Village of Granville urban forest management plan.
- PROPERTY OWNER
- An individual or organization who owns property located within the corporate limits of the Village of Granville.
- REAR YARD
- Rear yard as used in this article, shall have the same meaning as ascribed to in the zoning code.
- REGULATED ARTICLES
- Any insects at any living stage of development, any quarantined materials such as wood products, including, but not limited to, chips, limbs, lumber, firewood, contaminated soils, or any other product or means of conveyance which may be determined by federal or state departments of agriculture to pose a risk of spread of any infestation or infection.
- SIGNIFICANT TREE REMOVAL
- Removal of a legacy tree or grouping/stand of trees.
- SIMPLE TREE REMOVAL
- Removal of a tree without other associated site impacts or other site improvements.
- That parcel of land for which a permit for landscaping or tree removal is sought.
- STREET TREE
- Any tree located on or within the public right-of-way easement.
- The removal of any tree for replanting elsewhere.
- Any self-supporting woody plant, together with its root system, trunk and canopy; growing upon the earth, usually with one trunk, or a multistemmed trunk system, supporting a definitely formed crown.
- TREE BANK
- A bank account established to receive and hold deposits for trees which were damaged and/or removed. These funds, if not returned to the applicant, may be used to purchase and care for trees throughout the Village of Granville.
- TREE PERMIT
- A written authorization from the Village of Granville authorizing the applicant to conduct work which may or may not impact a tree.
- TREE PRESERVATION PLAN
- A document required by a permit which identifies, by common name and/or scientific name, certain species of trees of a specified DBH within a particular area. The plan shall list all existing and proposed trees and shall specifically state how each tree is proposed to be destroyed, relocated, replaced, preserved at its present location, introduced into the site from an off-site source, and whether the tree is to receive remediated actions due to construction impacts, e.g., root pruning. The Village of Granville may provide that the tree preservation plan excludes those portions of the site which it determines will not be affected by the activity. Any tree preservation plan required by this article must be dated within 36 months of the start date of the proposed activity.
- TREE REMOVAL
- The cutting down, destruction, removal or relocation of any tree, including damaging by poison or other direct or indirect action.
- A tree which, in the judgment of the Village of Granville, is capable of sustaining its own life processes, unaided by man, for a reasonable period of time.
The Village of Granville shall set a goal and time line to train at least two internal staff to become certified arborists. Until such time as this goal shall be accomplished the Village of Granville shall contract with a certified arborist to provide direction and oversight of urban forestry practices within the Village of Granville for the proper care and management of the urban forest.
The Village of Granville shall set a goal and time line for the completion of an urban forest inventory.
The Village of Granville shall set a goal and time line to develop and implement an urban forest management plan based on an urban forest inventory. This plan shall include clear direction for the protection, preservation and planting of the urban forest and shall be based on the United States Forest Service Sustainable Urban Forest Guide.
Editor's Note: Said edition is on file in the Village offices.
The Village of Granville shall require that any contractor working for the Village of Granville who may interact or have impact on the Village of Granville public property urban forest utilize a certified arborist for all work pertaining to trees, including but not limited to removal, pruning and planting activities.
Legacy trees are provided special protection by the Village of Granville. These trees are 18 inches DBH or larger and located on public property.
All tree planting, selection and management shall be in compliance with the Village of Granville urban forest management plan.
It is recognized that diverse species structure of urban trees throughout the Village of Granville is critical to the health of the forest structure and protects the Village of Granville from catastrophic loss. All tree planting shall comply with diversity requirements of not more than 5% of any one species, 10% of any one genus or 15% of any one family and shall be conducted in accordance with the most recent edition of the American National Standards Institute.
Editor's Note: Said edition is on file in the Village offices.
It is recognized that diverse age structure of trees throughout the Village of Granville is critical to the health of the forest structure and protects the Village of Granville from catastrophic loss. Proper care and management of the urban forest is critical for increased longevity of urban trees and shall be in compliance with the most recent edition of the American National Standards Institute.
The Village of Granville shall plant and maintain a healthy diverse urban forest to improve the natural resources and quality of life for the residents living within the Village of Granville.
The Village of Granville shall plant diverse species with the ratio of not more than 15% of any one family, 10% of any one genus or 5% of any one species. Diverse species composition protects the Village of Granville from catastrophic loss.
All trees planted by the Village of Granville or its agent shall be planted consistent with the most current edition of the American National Standards Institute.
Trees purchased by the Village of Granville shall be of a quality consistent with the most current American Standards for Nursery Stock as approved by the most current American National Standards Institute.
It shall be unlawful to plant any tree or shrub in the public right-of-way, or on other publicly owned property or conservation or preservation area, without prior written approval from the Village of Granville and, in the instance of the conservation or preservation area, the language on the recorded plat shall prevail.
It shall be unlawful to plant any tree under utility wires that is anticipated to grow to a height that will interfere with the wires.
The Village of Granville shall consider implementation of a contract growing program. This contract will allow for stable pricing and broader species diversity to improve the overall diversity of the urban forest. This contract may be for a period of five to 10 years.
The Village of Granville should provide education and outreach to private landowners on the need for species and age diversity, proper selection and planting practices, and how to select species for particular sites.
An urban forestry management plan is a critical document for the care and preservation of one of the community's most valuable assets. This plan will define the needs and provide recommendations for the care and planting of trees throughout the community, including outreach to private property owners to help them care for their trees. This plan will also outline the budgetary and staffing needs for management and planting of trees on public property. It is recommended that the Sustainable Urban Forest Guide, produced by the United States Forest Service, serve as a guide for development of the Village of Granville urban forestry management plan. (See United States Forest Service Sustainable Urban Forest Guide.)
The Village of Granville shall develop an urban forest management plan that supports this article. This urban forest management plan shall cover, at a minimum, a five-year (preferably ten-year) period, including budget projections. This plan shall be reviewed annually by the Village staff and members of the Tree Board and shall be updated as needed to support the needs of the Village of Granville.
Until an urban forestry management plan is in place, the Village of Granville shall provide a standard of care, in compliance with International Society of Arboriculture practices, where possible, for all publicly owned trees to enable these trees to live to maturity and provide maximum benefits. This would include but not be limited to:
At a minimum, have an established watering program for implementation during periods when natural rainfall is not adequate to meet the needs of newly planted trees. Newly planted trees are any trees planted within five years of the inadequate rainfall.
Have an established pruning program that places all publicly owned trees on a five-year pruning cycle. Pruning is to be accomplished under the direction of a certified arborist and in compliance with the American National Standards Institute. Care should be taken to follow best management practices, including but not limited to good sanitation practices, to reduce spread of infectious conditions and restriction of pruning based on species needs, e.g., oaks should only be pruned when dormant.
It is recommended that, during the pruning cycle, trees to be pruned be identified by species, size and location and be rated for health and hazard potential. A record of this report should be used as a guide for Village of Granville staff to address problems and provide care as needed.
This section applies to any work being conducted which may impact public property trees.
Unless otherwise authorized by this section, it shall be unlawful for any person to remove, injure or undertake any procedure which will cause death, substantial damage, or create a hazard to any public property tree without first obtaining a tree permit from the Village of Granville. In the case of tree management practices, these practices shall comply with the most recent edition of the American National Standards Institute.
In the event of any site improvement which may impact public property trees, a tree preservation plan is required and must be approved and implemented prior to the start of any work or delivery of any materials to the building activity area. The approved tree preservation plan shall be available on the site throughout the entire construction period until final approvals for all site work shall be received in writing. (See landscape ordinance.)
In instances where construction or site work requires heavy equipment that may impact trees on public or private property, all appropriate tree protection measures must be taken and identified in the tree preservation plan.
Protective fencing is required for protection of any tree to be preserved in place. Fencing shall be installed at a minimum distance of one foot, for every inch DBH of the tree, from the trunk of the tree. In the instances of tree pits, fencing shall be located at the edge of pavement.
All protective fencing shall be in place before any construction or material delivery is to take place. All protective fencing shall remain in place until final approval of all site conditions is given in writing.
No equipment or materials shall be parked, driven or stored within the protective fencing area or on the root zone of any tree.
For projects requiring the use of heavy equipment, such as anything on which a person would ride, with the exception of a riding mower, protective tree fencing shall be required. This fencing shall be orange snow-type fencing, a minimum of four feet in height and held in place by metal posts driven into the ground no more than 10 feet apart. In the instance of a project that will take place for more than one year, chain-link fencing will be required. Chain-link fencing shall be six feet in height and held in place by metal posts driven into the ground no more than 10 feet apart. Fencing shall not be removed or relocated unless authorized in writing by the Village of Granville.
No tree shall be impacted within the protective fencing area, including the tree canopy.
All measures shall be taken to maintain the health of trees which are transported to the replacement site and shall meet or exceed the requirements of the most current American National Standards Institute.
A legacy tree is a tree provided special designation by the Village of Granville. The criteria for designation is provided in the legacy tree program description attached to this article.
Removal of a legacy tree requires a tree removal permit and may require a special hearing with the Tree Board and Village of Granville Board.
Construction, development and/or any grading adjacent to a legacy tree requires a tree preservation plan.
Tree removals are considered an impact to the entire Village of Granville, whether on public or private land. It is clearly documented that larger trees provide larger benefits and, as such, tree removal fees and fines are based on species and diameter. (See fee and fine schedule of the Code.) It is recognized that the planting of smaller trees to replace the value of larger trees that are lost will take tens of years and for this reason efforts should be made to preserve and protect trees where they are growing.
It shall be unlawful for any individual to remove or cause damage to any tree located on public property without first receiving a tree permit from the Village of Granville.
No live, dead or dying tree, or grouping of trees, equal to six inches or greater on public property may be removed without first obtaining a permit from the Village of Granville.
A nuisance tree is a tree that has already died, is in a state of irrevocable decline, has the capacity to damage a person or thing or is an invasive species. In the event of an emergency, and access to the Village of Granville is not possible, a nuisance tree may be removed without a permit; however, the individual removing the tree shall take photographs and memorialize the nuisance situation prior to removal and shall follow up with a request for a tree permit from the Village of Granville on the next business day.
Any tree removed from a parcel or transplanted off site must be replaced according to the regulations outlined in this article.
All stump removals shall require underground utility locations prior to any action.
If a tree is removed or damaged which is not on the tree permit it must be replaced or bonded as set forth in this article.
Removal of invasive woody plants such as buckthorn do not require a permit and, in fact, are encouraged. These invasive plants can quickly colonize an area reducing the health and vitality of noninvasive plants. (A list of invasive woody plants is provided in the Appendix.)
Editor's Note: The list of invasive woody plants is on file in the Village offices.
Any tree which is required to be removed or which has been damaged shall require a bond to be posted until adequate replacements or remediation can be made. The bond amount is identified in the fee section of the Code. Determination of extent of damage is at the sole discretion of the Village of Granville.
Editor's Note: The fee and fine schedule is on file in the Village offices.
Any tree species removed, six inches DBH or six-inch group of trees, which is not identified on the invasive species list, but is identified on the preferred species list, is required for replacement by this section. These trees shall be replaced based on the calculation provided on the preferred species list with a species identified on that list. All replacements shall be located appropriately as confirmed by a certified arborist and as approved by the Village of Granville.
When a tree removal is required as a result of any project, tree replacement shall occur within the landscape season. In the event of weather conditions or species-specific needs, which prohibit proper replacement of a tree, the Village of Granville may issue written notice of an extension of up to 180 days upon written request by the applicant. If an extension is awarded to the applicant, the applicant shall notify the Village of Granville when replacement is complete. If, after the thirty-day or awarded one-hundred-eighty-day extension, the tree is not replaced or the applicant has not notified the Village of Granville that installation is complete, all bonds shall be forfeited, and the bond money shall be placed in the tree bank. Tree removal requirements, associated with a development project, can be found in the development section of the Code.
All tree replacement plantings shall require an underground utility location prior to planting.
If the property where a removal has taken place does not have adequate space to plant a replacement tree, then the applicant shall be required to pay the Village of Granville a dollar amount as identified in the fee section of the Code. Funds shall be placed in the tree bank for tree replacement or tree care in another area of the Village of Granville.
Editor's Note: The fee and fine schedule is on file in the Village offices.
It shall be encouraged that any species identified on the invasive species list be removed. There is no replacement requirement for these removals.
If a conservancy or preservation area is impacted in any way, the following restitution shall be required:
The purpose of this deposit is to pay for restoration of the conservancy or preservation area damaged directly or indirectly as a result of the impact. All restoration shall be in accordance with the conservancy area restoration guide contained in this Code.
Editor’s Note: The conservancy area restoration guide is on file in the Village offices.
Any maintenance made necessary as a result of impact, including but not limited to the removal of dead trees or preventative measures such as root pruning or crown reduction of existing trees.
Any expenses incurred by the Village of Granville, as a result of the impact in administering or enforcing the provisions of this Code.
The cash bond will be refunded one year after the repairs have been made and all maintenance is completed and approved.
§ 248-11 Tree preservation and/or removal plan for significant removals, construction and/or development.
An applicant seeking a permit for significant tree removals or tree removal and/or planting related to construction and/or development shall comply with all requirements of this article. (See landscape ordinance for more information.)
A tree which is determined to be a nuisance tree is one which is dead or declining and has the potential to damage other trees, people or structures. These trees may be located on public or private property.
It shall be the duty of the property owner on any parcel to promptly remove any trees which pose a risk.
Should the Village of Granville notify the property owner, in writing, of a tree which is a potential risk, the property owner shall have 30 days to remove the tree. If after 30 days the property owner has not removed the tree, then the Village of Granville shall take action to have the tree removed and shall provide to the property owner a written invoice outlining all costs associated with the removal, including but not limited to staff time, materials and oversight of said removal. Should the property owner not reimburse the Village of Granville within 30 days of issuance of a written invoice, the Village of Granville shall place a lien on the property until all expenses related to the removal and subsequent lien are paid.
Infected, infested trees due to a pest or pathogen are defined as a nuisance.
Any tree which is in a state of irreparable or untreatable decline due to heavy infestation or disease is included in the definition of a nuisance. Infested or infected trees, which are identified by federal or state departments of agriculture to be in quarantine or can potentially infect or infest other trees are defined as a nuisance. This would include but not be limited to Ash (Fraxinus) trees infested with emerald ash borer which are not being treated or whose treatment is ineffectual, or Elm trees (Ulmus) infected with Dutch elm disease.
The Village of Granville shall enforce state and federal regulations governing quarantine zone boundaries, and regulated articles.
For the purposes of this article, "regulated articles" are hereby defined as any insects at any living state of development, any quarantine materials such as wood products, including, but not limited to, chips, limbs, lumber, firewood or any other product or means of conveyance which may be determined by federal or state departments of agriculture to pose a risk of spread of any infestation or infection.
It shall be illegal to move out of established quarantine zone(s) regulated articles unless those articles have met all requirements of the local, federal and state regulatory agencies.
It shall be illegal for any person or entity to transfer from a quarantine zone into a non-quarantine zone, including the Village of Granville, any regulated articles.
Any person or entity found to be in violation of any local, state or federal regulations related to tree infestations or infections shall be prosecuted to the full extent of the law.
All contractors working within and near any quarantine zone(s) are required to comply with the quarantine regulations and supply records that may be required for inspection to the Village of Granville, county, state or federal agencies upon request.
Trees in decline or dead are defined as a nuisance.
Any tree or part of a tree which is dead which could potentially fall on a person or structure is defined as a nuisance.
It shall be unlawful for any owner of any lot or land in the Village of Granville to permit or maintain on any such lot or land, any tree which is dead, or declining to the state where it may create a potential risk for structures or people. It shall be the duty of any such owner to promptly cause the removal of any such tree.
Invasive woody plants. Invasive plants cause ecological disruption to natural ecosystems. The type of impact varies based on the species and the traits of that species. The woody invasive species list, attached to this article, identifies species which shall not be planted and which should be removed and controlled to reduce impacts to other vegetation.
Typical impacts include:
Private property owner outreach. The Village of Granville shall develop and implement an outreach plan to educate property owners of the potential impacts and remediation strategies, including a suggested planting list of alternative species to assist property owners in dealing with the problem.
Editor's Note: The woody invasive species list is on file in the Village offices.
Invasive diseases and insects.
Impacts to trees. Invasive diseases and insects can create significant stress to trees and in some instances kill trees. Attached to this article, the Village of Granville has developed a list of invasive diseases and insects that pose significant threats to trees from information identified by state and federal departments of agriculture.
Editor's Note: The list of invasive diseases and insects is on file in the Village offices.
Invasive species management plan. The Village of Granville shall develop an action strategy to deal with any of these diseases or insects and take action to remove the pest, forestall impacts to the trees through treatments or other means or develop a removal and replacement strategy for remediation of the problem.
Private property owner outreach. The Village of Granville shall develop and implement an outreach plan to educate property owners of the potential impacts and remediation strategies to help property tree owners in dealing with pests or pathogens.
Establishment. The Village of Granville hereby establishes a Tree Board which shall be a recommending body to provide assistance, direction and expertise to the Village of Granville regarding the preservation, planting, management and protection of trees. The Tree Board shall develop and recommend implementation of an urban forest management plan for guidance on urban forestry issues.
The Tree Board shall consist of seven members and one alternate member who shall be appointed by the Mayor, subject to approval of the Village of Granville Board. It is recommended that individuals within the community who have expertise in horticulture, forestry, planning or related fields be sought as members of the Tree Board. At least one member of the Tree Board shall be a certified arborist. The Mayor shall designate one of the members to act as chairman of the Tree Board, subject to the approval of the Village of Granville Board. A member of the Village of Granville Board shall be assigned to be an ex officio member of said Tree Board without the power to vote. The one alternate member shall attend and participate in all meetings of the Tree Board, but shall only vote in the event one or more of the full members is absent. All members of the Tree Board shall be property owners of the Village of Granville, unless no certified arborist is a property owner within the Village of Granville.
The appointed members shall serve for a period of three years. An alternate member shall be appointed for a term of one year. If a vacancy shall occur in the full membership, the alternate member shall be appointed to fill such vacancy. Vacancies in full and alternate membership shall be filled in the same manner as original appointments. The Tree Board members shall serve without compensation.
Procedures. The Tree Board shall meet and adopt, change or alter rules and regulations of organization and procedure consistent with Village of Granville ordinances and Illinois state laws. The Tree Board shall keep written records of its proceedings which shall be open at all times to public inspection. The Tree Board shall file an annual report to the Village of Granville Board setting forth its past-year activities and recommendations for future action by the Village of Granville.
Powers and duties. The Tree Board shall have the following powers and duties subject to the approval of the Village of Granville Board:
To provide guidance on the preservation, care, management and protection of trees within the Village of Granville in accordance with the urban forestry management plan, regional and local best management practices.
To prepare and recommend to the Village of Granville Board from time to time recommendations for specific improvements of the preservation, care, management and protection of trees within the Village of Granville.
To recommend rules and regulations to the Village of Granville Board for budget, plans, projects and schedules regarding the preservation, care, management and protection of trees within the Village of Granville.
To review the Village of Granville urban forest management plan and provide recommendations for improvements to the Village of Granville Board.
To work collaboratively with Village of Granville forestry staff to support the Village of Granville ordinances and urban forest management plan.
Manage and administer all plans, programs, projects and tasks delegated to it by the Village of Granville Board as authorized and directed by the Village of Granville Board.
The Tree Board shall hear any requests for appeal to this Code and make recommendations to be forwarded to the Village of Granville Board for a final decision.
Salaries and employees. The Tree Board may, with the review and approval of the Village of Granville Board, employ necessary help whose salaries, wages and other necessary expenses shall be established by the Village of Granville Board and provided for by adequate appropriation made by the Village of Granville Board from the public funds. Staff and resource needs shall be included in the forest management plan.
An applicant for a simple tree removal or planting on public property shall fill out a tree removal or tree planting request online, or in person, and the Village of Granville arborist shall make an inspection and render a determination.
If a removal or planting is significant or in conjunction with any type of development, then a full tree preservation plan and inventory for the area to be impacted may be required. (See landscape ordinance for more information.) The Village of Granville shall review the application. This review shall include an inspection of the site and referral of the application for recommendation to other appropriate administrative departments or agencies. The Village of Granville shall render a decision on the application within 10 working days of its receipt of a properly completed application.
Issuance. The Village of Granville shall issue a permit upon approval of an application and payment of a required fee and bond.
A permit shall expire and become null and void if work authorized is not commenced within one year from the date of the permit or if such work when commenced is suspended or abandoned at any time for a period of one year.
If work has commenced and the permit becomes null and void or expires because of a lack of progress or abandonment, a new permit for the proposed tree removal or planting activity shall be obtained before proceeding with further work.
If tree replacement is required by this article, then, as a condition of the tree permit, the applicant shall submit a cash bond as identified in the fee section of this Code. The bond shall be held for the purpose of assuring that the replacement tree(s) are purchased and planted.
If it is determined that practices which violate any portion of the Village of Granville Code have resulted in tree damage, then the Village of Granville may require that a cash bond, as determined in accordance with the fee section of this Code, shall be submitted at the time the violation occurs. The bond shall be held for the purpose of assuring that all remedial actions to minimize tree damage are taken, and/or for the purpose of assuring tree replacement should any damaged tree die or show noticeable signs of decline as determined by a certified arborist. If it is determined that residual damage may not be apparent, then the bond may be held for a period of 60 months or five years, at the end of which time, if the tree survives and is in good health, as determined by a certified arborist, the bond shall be returned. If the tree does not survive, and was not further impacted by an act of God or is in poor health, then replacement shall be required as identified above and according to the fee section of the Code.
If the bond is posted for a tree and the property owner wishes to transfer the property, then the bond shall be required to be paid before transfer of the property or shall be refunded to the original property owner once the bond requirements have been met.
Final approval shall be issued when all relocation, replacement or remediation of trees is completed and a final inspection has been conducted by the Village of Granville. Should the Village of Granville determine that the season is inappropriate for planting then relocation or replacement shall be deferred until the next planting season. All bonds and fees will remain in the custody of the Village of Granville until final inspection and approval has been provided in writing.
The Village of Granville shall retain jurisdiction to ensure compliance with this article and shall have the right to issue a stop-work order for noncompliance. No stop-work order issued pursuant to this article shall be removed by the Village of Granville unless the applicant has paid a reinspection fee in accordance with the fee schedule of this Code.
Any person found guilty of violating any provision of this article shall be assessed at a cost as prescribed in the fee section of the Code. Each tree cut down, destroyed, damaged, removed or moved shall constitute a separate offense. In addition to these penalties, if a tree is removed in violation of this article, all replacement requirements of this article shall be applied.
Enforcement right of entry of Village of Granville officers. To carry out the purposes of this article and to implement its enforcement, the Village of Granville is authorized and empowered, upon 24 hours' notice, to enter upon any lot or parcel of land in the Village of Granville at all reasonable hours to inspect any tree or wood and to remove specimens from any such tree to determine their condition. It shall be unlawful for any person to interfere with a Village of Granville officer carrying out the duties authorized in this article.
Duty of property owner to abate nuisance or potential risk. If it is determined that there exists a public nuisance or risk as declared in this article, the Village of Granville shall serve or cause to be served upon the owner of the lot or parcel of land on which such nuisance or risk is located, a written notice identifying the nuisance or risk and requiring the owner to comply with the provisions of this article. If the person upon whom such notice is served fails, neglects or refuses to remove and dispose of the tree or dead wood within 30 days after service of such notice, the Village of Granville may proceed to remove and dispose of such tree or dead wood, and the costs shall be paid by the owner to the Village of Granville.
Service of notice to property owner. Service of notice provided for in this article shall be effected by personal service or by certified mail addressed to the occupant or to the person to whom, and at the address to which, the tax bill was sent for the general taxes for the last preceding year on the lot or parcel on which the nuisance is located.
Village of Granville abatement and assessment of costs. Any costs incurred by the Village of Granville in the abatement of a public nuisance or hazard as declared in this article shall be assessed against the record owner of the land involved, and the Village of Granville shall place a lien upon such property for those costs in the manner provided by law.
If, because of emergency weather or other casualty conditions, a tree is endangering health, safety or property and requires immediate removal, verbal authorization may be given by the Village of Granville for the tree removal without obtaining a written permit. Such verbal authorization shall later be confirmed in writing by the Village of Granville.
Any person aggrieved by any decision of the Village in the enforcement of any terms or provisions of this article may, within 10 working days after the date of the decision, appeal to the Tree Board by filing a written notice of appeal with the Village of Granville Clerk. The notice of appeal shall set forth concisely the decision and the reasons or grounds for the appeal. The Tree Board may make a recommendation to the Village of Granville Board to affirm, modify, or reverse the decision. The decision of the Village of Granville Board shall be final, and no petition for rehearing or reconsideration shall be available. Reasonable notice of the hearing by the Tree Board shall be provided by the Village of Granville Clerk to all affected parties.
No variances in the strict application of the provisions of this article shall be recommended for approval by the Board unless it finds that:
There are special circumstances or conditions, fully described in the written notice of appeal which are peculiar to the property (properties) and do not apply generally to properties within the Village of Granville, and that said circumstances or conditions are such that the strict application of the Code would deprive the applicant of the reasonable use of the subject property (properties).
For reasons fully set forth in the written notice of appeal, the granting of the variance is necessary for the reasonable use of the property (properties) and that the variance, as recommended for approval by the Board, is the minimum variance that will accomplish this purpose.
The result of granting of the variance will be in harmony with the general purpose and intent of standards set forth within this Code and in harmony with this article, and will not be injurious to adjacent property or otherwise detrimental to the public welfare.
In addition to any other remedies provided by this article, the Village of Granville shall have the following judicial remedies available for violations of this article or any permit condition promulgated under this article:
The Village of Granville may institute a civil action in a court of competent jurisdiction to establish liability and to recover damages for any injury caused by the removal or damage of trees in contravention of the terms of this article.
The Village of Granville may institute a civil action in a court of competent jurisdiction to seek injunctive relief to enforce compliance with this article to enjoin any violation, and to seek injunctive relief to prevent irreparable injury to the trees or properties encompassed by the terms of this article.
In the event that any provision of this article should be declared invalid and/or unenforceable, the invalidity of any such provision shall not affect the remainder of this article.