[Adopted 4-3-2018 by Ord.
No. 693]
APPLICANT
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.
ARBORIST
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.
BUCKTHORN
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.
CANOPY
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.
CUTTING
A.
Felling or removal of a tree, or any procedure that results
in the death or substantial destruction of a tree.
B.
Cutting does not include normal pruning or trimming of trees
consistent with good forestry practices.
DAMAGE
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.
DEVELOPMENT
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.
FORESTER
An individual trained and experienced in the profession of
forestry who has a forestry degree from an institution of advanced
education.
INFRASTRUCTURE
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 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.
PARCEL
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.
SIMPLE TREE REMOVAL
Removal of a tree without other associated site impacts or
other site improvements.
SITE
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.
TREE
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.
VIABLE
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.
This section applies to any work being conducted which may impact
public property trees.
A. 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.
B. 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.)
C. 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.
(1) 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.
(2) 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.
(3) No equipment or materials shall be parked, driven or stored within
the protective fencing area or on the root zone of any tree.
(4) 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.
(5) No tree shall be impacted within the protective fencing area, including
the tree canopy.
(6) 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.
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.
A. 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.
B. 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.
C. 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.
D. Any tree removed from a parcel or transplanted off site must be replaced
according to the regulations outlined in this article.
E. All stump removals shall require underground utility locations prior
to any action.
F. 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.
G. 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.)
If a conservancy or preservation area is impacted in any way,
the following restitution shall be required:
A. A cash bond (in addition to the tree permit bond) is required for
every 1,000 square feet of conservancy or preservation area as defined
in the fee section of the Code.
B. 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.
C. 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.
D. Any expenses incurred by the Village of Granville, as a result of
the impact in administering or enforcing the provisions of this Code.
E. The cash bond will be refunded one year after the repairs have been
made and all maintenance is completed and approved.
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.
A. It shall be the duty of the property owner on any parcel to promptly
remove any trees which pose a risk.
B. 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.
C. Infected, infested trees due to a pest or pathogen are defined as
a nuisance.
(1) 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.
(a)
The Village of Granville shall enforce state and federal regulations
governing quarantine zone boundaries, and regulated articles.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(f)
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.
(2) Trees in decline or dead are defined as a nuisance.
(a)
Any tree or part of a tree which is dead which could potentially
fall on a person or structure is defined as a nuisance.
(b)
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.
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.
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.
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:
A. 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.
B. 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.