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Hainesville |
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Code of Ordinances |
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Title 12. STREETS, SIDEWALKS AND PUBLIC PLACES |
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Chapter 12.20. TREES AND SHRUBBERY |
§ 12.20.170. Landscaping and tree preservation.
A.
Purpose. This section is established to create uniform landscape, screening and tree preservation standards for development of property in the village and review of plans therefore, in order to ensure that the village remains attractive, safe and comfortable. Landscaping required by this section shall be a condition to the issuance of a certificate of occupancy for any improvements built on a lot in the village. The landscape standards herein are established:
1.
To promote, protect and preserve the general health and safety of the people of the community and, as part of the general welfare, insure aesthetic compatibility among land uses within the community;
2.
To conserve soil and reduce soil erosion, reduce storm water run-off, to provide oxygen regeneration to enhance air quality, and to reduce the effects of urban heat islands;
3.
To minimize the harmful or nuisance effects resulting from noise, dust, debris, motor exhaust, headlight glare, artificial light intrusions, objectionable sights or activities, or similar incompatible impacts conducted or created by adjoining or nearby land use;
4.
To safeguard the environmental quality and aesthetic character of the community by limiting the removal and insuring replacement of trees upon private property within the village;
5.
To preserve, insofar as practical, existing vegetation and topographical features by limiting unnecessary clearing and modification of land, encouraging the retention of existing mature trees, requiring the replacement of indigenous trees with approved species; and
6.
To encourage the energy efficient operation of land uses in the public interest.
B.
Tree Preservation and Removal Regulations. It shall be unlawful for any person to remove or cause the removal of any tree having a caliper of four inches or greater in the village of Hainesville without having first obtained approval from the village of a tree preservation and removal plan as described herein. Nothing in this section shall apply to tree removal by an owner of a lot having a single family, two-family or duplex dwelling located thereon.
1.
Tree Preservation and Removal Plan Required. A tree preservation and removal plan shall be required for any parcel of land involving the construction of any new building(s) or structure(s) or other site improvements, or the removal of a tree having a caliper of four inches or greater. All tree preservation and removal plans shall include or have attached thereto the following information:
a.
A tree survey.
b.
The location of those trees to be removed and preserved and the methods which are to be used to remove and preserve such trees during site development and/or tree removal procedures.
c.
A written statement indicating the reason for removal of the tree(s). A report from a licensed Illinois arborist may be requested by the development administrator if deemed appropriate.
d.
A general description of the tree(s) to be removed.
e.
Details, specifications and/or technical information of materials or procedures to be used to preserve and protect trees.
2.
General Tree Preservation and Removal Standards and Criteria.
a.
Every reasonable effort shall be made to retain existing trees on the aforementioned tree survey through the integration of those trees into the site plan and landscape plan for a proposed development.
b.
Grading and construction equipment shall be forbidden from encroaching within the drip line of a tree.
c.
Crushed limestone hydrocarbons and other material detrimental to trees shall not be stored or dumped within the drip line of any tree nor at any higher location where drainage toward the tree could conceivably effect the health of the tree.
d.
Toxic chemicals, gasoline, oil and other injurious substances shall not be stored or allowed to seep, drain or empty within one hundred (100) feet of the drip line of protected trees.
e.
Snow fencing shall be temporarily installed at the periphery of the tree's drip line.
f.
Tree trunks and branches shall be protected when construction must occur within a tree drip line. A description of this protection is to be submitted to and approved by the village prior to construction.
No grade changes or excavation shall be allowed under drip line of any trees designated for preservation.
g.
No ropes, signs, wires, nails or staples, unprotected electrical installation or other device or material shall be secured or fastened around or through a protected tree.
h.
To improve the survival rate of tree, root pruning and/or thinning should be performed in accordance with the arboricultural specifications manual.
i.
In the event that underground utility lines are proposed within ten (10) feet of the trunk of a tree, then augering of the utility line should be considered and may be required by the village.
j.
Tree Replacement Required. Any tree intended to be removed or unintentionally removed or damaged during construction on the lot shall be replaced in the manner herein prescribed.
k.
In the event that a tree is designated for removal during the construction process, such tree shall be replaced with new trees in accordance with the following schedule:
[i.]
Except that when a tree designated for removal is one of the following species each such tree shall be replaced with one replacement tree from the list of species provided in Section 12.20.170(B)(2)(k)(iv):
Black Locust (Robinea psuedoacacia), Box Elder (Acer negundo), Buckthorn (Rhamnus cathartica), Chokecherry (Prunus virginiana), Cottonwood (Populus deltoides), Chinese Elm (Ulmus parviflora), Goldenchain Tree (Laburnum anagyroides), Laurel Willow (Salix pentandra), Mulberry (Morus sp.), Osage Orange (Maclura pomifera), Russian Olive (Elaeagnus angustifolia), Siberian Elm (Ulmus pumila), Tree of Heaven (Ailanthus altissma), and Weeping Willow (Salix baylonica), White Ash, Green Ash, Blue Ash, and Black Ash.
ii.
In the event that a tree designated for preservation is destroyed, damaged, or removed during the construction process, such tree shall be replaced with new trees in accordance with the following schedule:
iii.
All replacement trees shall have a minimum caliper of two and one-half inches.
iv.
Replacement trees shall be limited to the following species:
American Beech, European Beech, Gingko, Hackberry, Horse Chestnut, Linden, Maidenhair Tree, Maple (excluding Silver Maple and other similar softwood species), Oak, Purple Leaf Beech, Thornless Honeylocust (cultivars), and Tulip Tree. Eastern Red Cedar, Eastern White Pine, Northern White Cedar, Black Maple, Red Maple, Sugar Maple, Catalpa, Yellow Birch, River Birch, American Hornbeam, Ohio Buckeye, Redbud, Ironwood, Quaking Aspen, American Plum, Black Cherry, White Oak, Burr Oak, Red Oak, Swamp White Oak, Black Oak, Pin/Hill's Oak, Bitternut Hickory, Pignut Hickory, Shagbark Hickory, Kentucky Coffee Tree, Black Walnut, White Walnut.
v.
The landscape plan shall identify each replacement tree as a replacement tree and indicate its location, specie, and size. No replacement trees shall be used to satisfy the requirements for tree planting in public right-of-way or in parking lots.
vi.
Removal of trees designated for preservation shall be allowed only by amending the landscape plan.
vii.
Tree preservation and replacement required by this section shall be a condition to the issuance of a certificate of occupancy for any improvements constructed on a zoning lot in the village.
viii.
If it is impractical to plant the required number of replacement trees on the same zoning lot due to space limitations or the density of existing trees, the village shall require the owner to plant said tree(s) at its discretion on other public property, excluding rights-of-way.
3.
Guidelines for Reviewing Tree Removal Plans. The village of Hainesville shall approve removal of a tree if one or more of the following conditions are present:
a.
It is necessary to remove a tree that poses a safety hazard to pedestrian or vehicular traffic or threatens to cause disruption of public safety.
b.
It is necessary to remove a tree which poses a safety hazard to structures.
c.
It is necessary to remove a tree which is diseased or has been weakened by age, storm, fire or other injury.
d.
It is necessary to observe good forestry practice, i.e., the number of healthy trees a given parcel of land will support.
4.
Tree Removal Permit. When tree removal is occasioned by any development or land use requiring the submission of a landscape plan or the desire to clear a vacant land, tree preservation and removal plan, site plan, or subdivision plan, said plan shall, upon approval by the village, constitute a tree removal permit.
5.
Failure to Comply. If, in the opinion of the development administrator, the necessary precautions as specified in the tree preservation and removal plan were not undertaken before or maintained during construction, the land development permit for the parcel shall not be issued or, if previously issued, shall be revoked until such time as these precautions have been satisfied.
6.
Tree removal without a permit will result in a fine per tree in accordance with the following table:
6″ or less $100.00 7—12″ 250.00 13—16″ 500.00 Over 16″ 1,000.00
( Ord. No. 14-11-194, § 2, 11-11-2014 )