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HomeMy WebLinkAboutG73-97 w ► CITY OF ELGIN ORDINANCE NO. G73-97 ORDINANCE AMENDING THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, FOR THE ESTABLISHMENT OF GUIDELINES FOR THE PRESERVATION OF TREES ADOPTED BY THE CITY COUNCIL OF THE CITY OF ELGIN ON THIS 3RD DAY OF DECEMBER 1997 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 4th day of December, 1997. r r STATE OF ILLINOIS ) ss. COUNTY OF KANE ) CERTIFICATE I, Dolonna Mecum, certify that I am the duly appointed and acting municipal clerk of the City of Elgin, Cook and Kane Counties, Illinois. I further certify that on December 3, 1997, the Corporate Authorities of such municipality passed and approved Ordinance No. G73-97, entitled An Ordinance Amending the Elgin Municipal Code, 1976, as Amended, for the Establishment of Guidelines for the Preservation of Trees, which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G73-97, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building, commencing on December 4, 1997, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk. DATED at Elgin, Illinois, on December 4, 1997. W49-74,..40 Municipal Clerk (SEAL) • r . Ordinance No. G73-97 AN ORDINANCE AMENDING THE ELGIN MUNICIPAL CODE, 1976 , AS AMENDED, FOR THE .ESTABLISHMENT OF GUIDELINES FOR THE PRESERVATION OF TREES WHEREAS, the maintenance, preservation, establishment and replacement of the natural resources of the City of Elgin are essential to the quality of life of its citizens ; and WHEREAS, trees constitute an integral and highly visible component of such natural resources ; and WHEREAS, the City of Elgin is committed to the protection of its natural resources ; and WHEREAS, the establishment of guidelines for the preservation, maintenance, replacement and establishment of trees throughout the City of Elgin will aid in maintaining the quality of the natural resources of the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That Chapter 13 . 20 entitled "Trees and Shrubs" of the Elgin Municipal Code, 1976 , as amended, be and is hereby further amended by adding Section 13 . 20 . 005 to read as follows : elk 13 . 20 . 005 GUIDELINES . The director of the department of parks and recreation shall establish and maintain suggested guidelines for the maintenance, preservation and replacement of trees throughout the city. Such suggested guidelines shall be maintained on file for public inspection as may be amended by the director of the department of parks and recreation from time to time . The aforementioned guidelines shall not be mandatory, but shall be applicable to relevant provisions contained in the Elgin Municipal Code, including, but not necessarily limited to: TITLE 9 HEALTH AND SAFETY EMC 9 . 20 Dutch Elm Disease TITLE 13 STREETS AND SIDEWALKS EMC 13 . 20 Trees and Shrubs ek TITLE 18 SUBDIVISIONS EMC 18 . 16 Preliminary Plat Section 18 . 16 . 020 (G) - Identify existing conditions including trees of twelve inch diameter or more. Section 18 . 16 . 030 (G) ( 3 ) - Landscape plan required to be submitted with application for planned development. EMC 18 . 24 Design Standards Section 18 . 24 . 0660 (F) ( 2 ) - Double frontage lots shall have an additional depth of at least twenty feet to allow for a protective screen planting on one frontage. Section 18 . 24 . 060 (H) - When subdividing land, due regard shall be shown for all natural features, such as natural vegetation, watercourses , historic designations, or similar conditions . e,, EMC 18 . 28 Required Improvements Section 18 . 28 . 050 (J) - Planting requirements for street trees in urban residential , commercial , and industrial subdivisions . Section 18 . 28 . 060 (B) ( 3 ) ( f) - Planting require- ment for street trees in estate residential subdivi- sions . TITLE 19 ZONING EMC 19 . 12 Site Design Section 19 . 12 . 700 - Minimum required landscaping for transition landscape yards , vehicle use area landscape yards, and interior landscape yards; and specifications for plant materials . EMC 19 . 45 Off Street Parking Section 19 . 45 . 150 - Vehicle use area setbacks and landscape yards required to be landscaped in accordance with the provisions contained in EMC 19 . 12 Site Design. row EMC 19 . 60 Planned Developments Section 19 . 60 . 040 (J) - Standard addressing the suitability of the intended planned development with respect to preservation of all significant natural features , including vegetation. Section 19 . 60 . 160 (G) ( 2 ) - Requirement to identify with the planned development application, existing conditions within the property and to a distance of 100 feet beyond the property, including trees of six inch diameter or more. Section 19 . 60 . 160 (J) - Requirement to submit with the planned development application, a landscaping plan. EMC: 19 . 65 Conditional Uses Section 19 . 65 . 040 (D) ( 3 ) - Requirement to submit with the conditional use application, a landscaping plan. Section 2 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are eft hereby repealed. Section 3 . That this ordinance shall be in full force and effect ten days after its passage and publication in the manner provided by law. Kevin Kelly, Mayo, Presented: December 3, 1997 Passed: December 3 , 1997 Vote: Yeas 7 Nays 0 Recorded: December 4 , 1997 Published : December 4 , 1997 Attest : Dolonna Mecum, City Clerk Ordinance No. G73-97 AN ORDINANCE AMENDING THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, FOR THE ESTABLISHMENT OF GUIDELINES FOR THE PRESERVATION OF TREES WHEREAS, the maintenance, preservation, establishment and replacement of the natural resources of the City of Elgin are essential to the quality of life of its citizens; and WHEREAS, trees constitute an integral and highly visible component of such natural resources; and WHEREAS, the City of Elgin is committed to the protection of its natural resources; and WHEREAS, the establishment of guidelines for the preservation, maintenance, replacement and establishment of trees throughout the City of Elgin will aid in maintaining the quality of the natural resources of the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That Chapter 13 .20 entitled "Trees and Shrubs" of the Elgin Municipal Code, 1976, as amended, be and is hereby further amended by adding Section 13 .20 . 005 to read as follows : 13 .20 . 005 GUIDELINES . The director of the department of parks and recreation shall establish and maintain suggested guidelines for the maintenance, preservation and replacement of trees throughout the city. Such suggested guidelines shall be maintained on file for public inspection as may be amended by the director of the department of parks and recreation from time to time. The aforementioned guidelines shall not be mandatory, but shall be applicable to relevant provisions contained in the Elgin Municipal Code, including, but not necessarily limited to: TITLE 9 HEALTH AND SAFETY EMC 9 .20 Dutch Elm Disease TITLE 13 STREETS AND SIDEWALKS EMC 13 .20 Trees and Shrubs TITLE 18 SUBDIVISIONS EMC 18 . 16 Preliminary Plat Section 18 . 16 . 020 (G) - Identify existing conditions including trees of twelve inch diameter or more . Section 18 . 16 . 030 (G) (3) - Landscape plan required to be submitted with application for planned development . EMC 18 .24 Design Standards Section 18 .24 . 060 (F) (2) - Double frontage lots shall have an additional depth of at least twenty feet to allow for a protective screen planting on one frontage . Section 18 .24 . 060 (H) - When subdividing land, due regard shall be shown for all natural features, such as natural vegetation, watercourses, historic designations, or similar conditions . EMC 18 .28 Required Improvements Section 18 .28 . 050 (J) - Planting requirements for street trees in urban residential, commercial, and industrial subdivisions . Section 18 . 28 . 060 (B) (3) (f) - Planting require- ment for street trees in estate residential subdivi- sions . TITLE 19 ZONING EMC 19 . 12 Site Design Section 19 . 12 . 700 - Minimum required landscaping for transition landscape yards, vehicle use area landscape yards, and interior landscape yards; and specifications for plant materials . EMC 19 .45 Off Street Parking Section 19 .45 . 150 - Vehicle use area setbacks and landscape yards required to be landscaped in accordance with the provisions contained in EMC 19 . 12 Site Design. EMC 19 . 60 Planned Developments Section 19 . 60 . 040 (J) - Standard addressing the suitability of the intended planned development with respect to preservation of all significant natural features, including vegetation. Section 19 . 60 . 160 (G) (2) - Requirement to identify with the planned development application, existing conditions within the property and to a distance of 100 feet beyond the property, including trees of six inch diameter or more . Section 19 . 60 . 160 (J) - Requirement to submit with the planned development application, a landscaping plan. EMC 19 . 65 Conditional Uses Section 19 . 65 . 040 (D) (3) - Requirement to submit with the conditional use application, a landscaping plan. Section 2 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed. Section 3 . That this ordinance shall be in full force and effect ten days after its passage and publication in the manner . provided by law. s/ Kevin Kelly Kevin Kelly, Mayor Presented: December 3 , 1997 Passed: December 3 , 1997 Vote: Yeas 7 Nays 0 Recorded: December 4, 1997 Published: December 4 , 1997 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk <0ofEzc, a City of Elgin Agenda Item No. 0 - 7 , November 21 , 1997 TO: Mayor and Members of the City Council FROM: Robert O. Malm, Interim City Manager SUBJECT: Tree Ordinance PURPOSE Consider the purpose of the memorandum is to provide the Mayor and Members of the City Council with information of an ordinance amending the Elgin Municipal Code to provide for the establishment of guidelines for the maintenance, preservation and replacement of trees . BACKGROUND At the September 10, 1997 Committee of the Whole Meeting, City Council requested staff to develop a tree ordinance referencing all sections of the Elgin Municipal Code regulating trees, and authorizing the establishment of guidelines for the maintenance, preservation, and replacement of trees . The attached ordinance references all sections of the Elgin Municipal Code regulating trees . The ordinance authorizes the Director of the Department of Parks and Recreation to establish and maintain guidelines for the maintenance, preservation and replacement of trees throughout the city. The City of Elgin has been recognized as a Tree City USA for the last six years . The National Arbor Day Foundation has bestowed this recognition on the City with the understanding that a tree ordinance was being developed. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Parks and Recreation Advisory Board, Ordinance review committee. FINANCIAL IMPACT None. Tree Ordinance November 21 , 1997 Page 2 LEGAL IMPACT None . ALTERNATIVES Alternatives are to: 1 . Adopt the ordinance as proposed. 2 . Modify the proposed ordinance. 3 . Reject the proposed ordinance. RECOMMENDATION The ordinance requested by the City Council has been prepared and is provided for consideration. Respectfully submitted, Monica Meyers, Director Parks and Recreation /' Rob4.t O. Malm Interim City Manager 'I'JA/L.a Ilii.1It °B SC 1;4. 4g$40 tAt 011; '11114111 'fr.-t%. 6%iik_voL Alk APS'ealarlo. 1,0% * SW' 0 CN * tiMai r4 r. g$ OiTi 0 a P.--"sN,10.0" yqe, „te, • ., two- 7-cm ig Pitt , r (-. aw 1 c:::N seoppo 'T n'w. **PtLiiii,7/,,,;. ti ' ''o • • OP AO? oo 9.9- l' it r is --1.-, _ 0 ---- Ot? 'f'-':(--;, - ilvRp., olittlfitl II GtAdeOe '''''4: c3 A4reiti ItA_ o to lie 11( WO; ACirri it disCaP e ilikl kA Ak6 ite4-0IP * s r, ZIA 1k Y . 0 a Ot el s m- AA. Vke 4IP *4t0 :3(i . 11 110% C- 1 .41Alli ti:OIS'V110Q40* CQ1111 *Ort.4 3° Cii131 0 111W VI Ab 0 141011 A, II it R 0 tail c:1 voo‘s i •-* i Owte 'Ass • 0011 ii) ditkg .4004K„.. r% w ..",i sillick • --' _. .iiiw- lahnit C1C 110 ' 0 —• - 440007Filwkifit :- 10. jrcl di „.--:0 iii a. cio iv* 0104 0 6.1 • fo,,,i ,,, „Ara. .11,1m- Yr Airlarcr. 444 1111111.1 . le cAVA 0 s • . c>, iii. g .-..• 1 c-- ,-, t• CONTENTS Preface 1 Introduction and Goals 2 Ordinance Applicability, Submission Requirements, and Permit Processing 4 Landscape Requirements 5 Parkway Planting Requirements 5 Vehicle Use Area Screening Requirements 9 Vehicle Use Area Internal Planting Requirements 9 Transition Yard Landscaping Requirements 9 Planting, Maintenance and Removal Standards 11 Plant Materials - Generally 11 Plant Materials - Size 11 Tree Removal - Guidelines 12 Tree Pruning - Guidelines 12 Tree Removal/Pruning - Cost 13 Supervision 13 Insurance 13 Tree and Landscape Conservation 14 Appendices 1 . Definitions and Terms 15 2 . Tree Protection Techniques 18 3 . Contributing Trees 19 4 . Landscape Maintenance Schedule 22 Guidelines to Elgin Landscape Requirements • LIST OF FIGURES Figure 1 Parkway Planting, Isometric 6 Figure 2 Parkway Planting Location Standards 8 Figure 3 Parkway Planting, Section 10 Guidelines to Elgin Landscape Requirements PREFACE Why Landscape Requirements? Ordinances reflect the values of a community, the values its residents believe are worth protecting to maintain their quality of life and an environment that is both safe and pleasant. A community' s trees and other landscapes are very much the kind of community asset that deserves to be protected and managed for the common good. Trees and other landscapes should be considered as important a part of the community' s infrastructure as are streets, sidewalks and utilities . Landscape requirements encourage beautification, air cooling and purification, noise abatement, enhanced property values and the other attributes of landscaping within a community. Landscape requirements enable the community to prevent and control the spread of diseases through the urban forest, to preserve trees and landscaping in the path of development, and to avoid unnecessary costs associated with sewer clogging, sidewalk replacement and landscape-related incidents . Landscape requirements also provide direction for plant care and help control unscrupulous or careless operators . The Value of Trees and Other Landscapes The reasons for protecting trees and other landscapes are many and varied. Trees and other landscapes have aesthetic, environmental and economic value. They have long been valued for their visual beauty. They bring a human scale to the built environment by reducing the distortions of height and space created by large buildings, parking lots and roadways . Scientific research has documented the value of trees and other landscapes in controlling air pollution, moderating climate, reducing soil erosion and improving water quality. Communities are recognizing the economic benefits of trees and other landscapes in establishing a positive community image that can be important in attracting new businesses, in improving real estate values, and saving money on everything from energy costs to water supply. Communities with established and well-managed landscapes are often viewed as places with a sense of pride, and as special places to live and work. The value of trees and other landscapes ranges from scenic and visual to important health and environmental benefits, and economic gain as well . Guidelines to Elgin Landscape Requirements Introduction CHAPTER ONE and Goals The "Guidelines to Elgin Landscape Requirements" (hereinafter refered to as the "Guide" ) is the official set of guidelines promulgated by the Director of the Department of Parks and Recreation to achieve the objectives of the landscape regulations codified in Title 18 - Subdivisions and Title 19 - Zoning of the Elgin Municipal Code. GOALS The goals of this guide include: o A greener more beautiful city o Attractive tree-lined streets and boulevards o Screening of parking lots and other vehicle use areas o Landscaping of parking lots and other vehicle use areas o Reduced heat, noise, air, and water pollution o Increased property values REQUIREMENTS The requirements and recommendations contained in these guidelines fall into five categories, including: o Tree conservation and replacement o Parkway planting(trees and other plantings in the public right-of-way) o Vehicle use area screening(tree planting and screening on the perimeter of parking lots, service areas, and vehicle storage areas) o Vehicle use area internal planting(tree planting and other landscaping within parking lots and service areas) o Transition yard landscaping(tree planting and screening to buffer nonresidential uses from adjoining residential neighborhoods) Guidelines to Elgin Landscape Requirements Z Maintenance responsibilities of required landscaping and the responsibilty to replace poorly maintained trees and other landscape materials are described in this Guide. GOOD PRACTICES In addition to the requirements and recommendations described in this Guide, good practices which exceed the minimum requirements or provide creative solutions to unusual or unique problems are encouraged. These practices are addressed in the appropriate sections of this Guide. STATUS OF THE GUIDE This Guide describes landscape requirements codified in Title 18 - Subdivisions and Title 19 - Zoning, and includes recommendations promulgated by the Director of the Department of Parks and Recreation to achieve the objectives of those requirements . This Guide supplements the Elgin landscape requirements with further written and illustrative explanations . In the event that any provision of this Guide conflicts with the Elgin landscape requirements or other requirements of the Elgin Municipal Code, the applicable ordinance shall govern. From time to time, the Director of the Department of Parks and Recreation may amend this Guide to further the objectives of the Elgin landscape requirements . The Departments of Code Administration and Neighborhood Affairs, Engineering, and Planning shall review any proposed amendment, and the Elgin City Council shall adopt all amendments . Guidelines to Elgin Landscape Requirements Ordinance Applicability, Submission CHAPTER TWO Requirements, and Permit Processing (this chapter will describe review and approval processes for landscaping elements associated with new subdivisions and planned developments, Title 18 - Subdivisions, site plans, Title 19 - Zoning, and infill planting along streets, Title 13 - Streets and Sidewalks) . Guidelines to Elgin Landscape Requirements 4 Landscape Requirements CHAPTER THREE PARKWAY PLANTING REQUIREMENTS This section describes requirements for parkway planting (street trees) in new subdivisions and planned developments, including tree spacing, tree survey and landscape plan requirements, and location standards . The tree spacing and location standards also apply to planting street trees within existing parkways. A. Street Trees - Required in New Subdivisions and Planned Developments. Street trees shall be planted along both sides of all streets in new subdivisions and planned developments in accordance with approved landscape plans and specifications (see Figure 1, "Parkway Planting, Isometric" ) . Trees shall either be massed or be spaced evenly along the street, or both. When trees are spaced evenly along the street, spacing shall depend on tree size, as follows : Mature Tree Height Planting Interval (in feet) (in feet) Large trees (40 '+) (SR) 40 ' - 60 ' apart Medium trees(30 ' - 40 ' ) (SR) 30 ' - 50 ' apart Small trees(to 30 ' ) (SR) 20 ' - 40 ' apart Trees shall be planted so as to not interfere with utilities, roadways, sidewalks, line of sight control areas (SR) , street signs, and street lights . Street tree location, landscaping design, and a spacing plan shall be approved by the City Council as part of a subdivision or planned development approval . B. Tree Survey and Landscape Plan. Preliminary engineering plans and specifications submitted in support of a subdivision or planned development plan shall include a tree survey locating and identifying the type and condition of all trees measuring twelve inches in diameter or larger at breast height, and the furthest extent of the drip line of any wooded areas within the development site. The tree survey shall be prepared under the supervision of a International Society of Aboriculture (ISA) certified arborist. The preliminary engineering plans and specifications shall include a landscape plan showing the size, type, and location of street trees; and shall include specifications for tree selection, planting, and maintenance. In addition, the landscape plan shall locate and describe landscaped entryway signs and screening treatment on double frontage lots (SR) . The approved landscape plan and specifications shall be attached to and made a part of the final engineering plans and specifications. Guidelines to Elgin Landscape Requirements C • )- (,`z,: 1004., t _=_. J2 ' /• . .�.....- '1 ...mow.�_.� 1, G ,,..,..-77.-.......... k�. V ii . r � b 41 - ' . A'1,�...6 , . .• ��IQ. � .w , ` � • •. U ` ` ala,%&A n • . rlili I I """" / OL a..t ' AN t , .- ' A_4.141.14.4. NJ f LA(ILt.Wyl.d.,,A... 111'i,. tA. �,µ.���" 11 (11)/. L++'" ..1.114 s,do , 'a.-) I i.h pl. -n o z" 0 1 4 1...,,A,...A"...jil IP 111141111044f;4010 -Ael'.9 7,..:Yllip 1 laiil, al...".Ary "ri.L. ,r se, ig 1.1 . ir: . ,—;A 4.4...ireJv . . P , I'.TN i ` Ij' 0 Ar U '(46.012 oti7 I %, n� / � w . /' L y.4 �� Q Li I rir;? -4 14. Y TrtEe , Ar �1> 1 Figure 1. Parkway Planting,Isomet- ric.This shows the lateral spacing of trees and the separation of bees from other parkway improvements. Guidelines to Elgin Landscape Requirements C. Location Standards. New street trees are prohibited in the following locations : 1. Intersections . New street trees are prohibited from being planted within the following minimum distances to intersections of streets, alleys, and driveways (see Figure 2, "Parkway Planting Location Standards") : a. Alley, near side (SR) 20 ' - 0" b. Alley, far side (SR) 10 ' - 0" c. Driveway (ind/com) , near side 20 ' - 0" d. Driveway ( ind/com) , far side 10 ' - 0" e. Driveway (res) , near/far sides 10 ' - 0" f. Street, near side 30 ' - 0" g. Street, far side 20 ' - 0" h. Street (median) , near/far sides 30 ' - 0" 2 . Sidewalks, Curbs, Utilities, and other Structures . New street trees are prohibited from being planted within the following minimum distances to sidewalks, curbs, utilities, and other structures : a. Buildings spreading trees (SR) 15 ' - 0" global/pyramidal trees (SR) 12 ' - 0" columnar/fastigiate trees (SR) 9 ' - 0" b. Building exits 10 ' - 0" c. Courtesy walks 3 ' - 0" d. Curbs (measured from vertical face) 3 ' - 0" e. Fire escapes 10 ' - 0" f . Fire hydrants 5 ' - 0" g. Manholes and catchbasins 5 ' - 0" h. Pedestrian lights (max. 15 ' ht. ) spreading trees 15 ' - 0" global/pyramid trees 15 ' - 0" columnar/fastigiate trees 10 ' - 0" i . Pedestrian overpasses and tunnels 25 ' - 0" j . Railroads (with approval within 100 ' ) 50 ' - 0" k. Sidewalks 3 ' - 0" 1 . Street lights spreading trees 25 ' - 0" global/pyramidal trees 20 ' - 0" columnar/fastigiate trees 15 ' - 0" m. Trees (existing) spreading trees 25 ' - 0" global/pyramidal trees 20 ' - 0" columnar/fastigiate trees 20 ' - 0" n. Utility boxes 10 ' - 0" o. Viaducts 50 ' - 0" p. Wall hydrants, standpipes, or siamese connections 10 ' - 0" q. Other structures 30 ' - 0" 3 . Longitudinal Tree Spacing (SR) . Street trees shall be spaced the following minimum distances from trees of similar form: spreading trees 25 ' - 0" global/pyramidal trees 20 ' - 0" columnar/fastigiate trees 15 ' - 0" Guidelines to Elgin Landscape Requirements 7 • • Jt. • . . .. • ••: 4ree 1 40' „1 :1"/ . 40.r1r1Zrt&IAN V :. - -...../ 4f;S413P . : , , • • I - or • • \ •.. ' •%yt. �•o'/ 1,h • , •�. `. o -5 S/b _. �.. I • . 4rF /' r� ♦: •�� ''. • ....9 . - - . . ....... 1 oik ›• • U r • • F,.4. .: • :... ' 07 n -• .• / •-.. -•. i , 'y , A' . .401• • . .. ... .stifrtW., i. 9 Tc Ip t . . . . • -Lim • � 14Ito5rJTiA4_ r;Prsty • • •c `II2Er rzeGio r1Tip.1. {,�I./e. . ,P/4/ ." -• ' : ME.,6u�Mt:r17'. or To .1e.-rt Give AJ., '.` � ; Site 01,16-r epe I''1s..42E rtioti -rge faour10- A-ttigG or rf2-1-' P -ori r-c- . . ALA1I r :tia►.L4 , -pie Aier—r,�.-t,E M r1 ri Figure 2.Parkway Planting Location Standards.This illustrates the distances that parkway trees must be setback from any street inter- section,driveway,or alley. Guidelines to Elgin Landscape Requirements 8 4 . Lateral Tree Spacing (SR) . Street trees shall be spaced the following minimum distances from the lateral edge of the treebank (SR) area (see Figure 3, "Parkway Planting, Section" ) : a. No street tree shall be planted in the treebank more than 10 ' - 0" from the right of way line of a collector street (SR) or an arterial street (SR) . b. Street trees shall be planted as close as possible to the lateral center of the treebank, except where permitted to accomodate future widening of the street. c. Street trees shall be planted as close as possible to the lateral center of medians, except where the landscape plan calls for more than one row of trees . Street trees planted in medians shall be planted a minimum of 5 ' - 0" from the vertical face of the curb. d. The following treebank elements shall have the following minimum widths in order to accomodate street trees : Sidewalk (trees in pits) 9 ' - 0" Median 10 ' - 0" Treebank (grassed portion only) 6 ' - 0" Sidewalk 5 ' - 0" VEHICLE USE AREA SCREENING REQUIREMENTS (will describe requirements for tree planting and screening on the perimeter of parking lots, service areas, and vehicle storage areas) VEHICLE USE AREA INTERNAL PLANTING REQUIREMENTS (will describe requirements for tree planting and other landscaping within parking lots and service areas) TRANSITION YARD LANDSCAPING REQUIREMENTS (will describe requirements for tree planting and screening to buffer nonresidential uses from adjoining residential neighborhoods) Guidelines to Elgin Landscape Requirements q / Itize2,-,I fer7 Pfl44*-141 l 1 ;/.. , t /1 , 1 "A ''`.4 .,, • de.„. . ,._ ,,,,,,„4.1..„ 1,, .,,,,,0 ,,,,i,,, _:,,, , orzir utt.le jj --"/ ( 6 / rei . //. PLA.-I-rea r$ 1 ds f A t ./ --iiii---_'"•._, _ OK; wwwwwl sftmom I. �I� - III — 0 o � : Iiiiii i —1lull , ���... � ►►� Itt «►���t►� ill1"---_____=-1111 RIO 1 !((I(( i (,. ( 1 -------,flf�Iff IILII(�( II! lif =lII II' =�r�i� = (I� ilt l" . 1111 . = lir: 7 Ir.-- ----=----1=-Lt11". r I` �� iii ni,. . . .1„,. . .411\ i �� II Eco r1 S'-�" . •,1 A I -c rlifJ. (o - a r i l riur✓1 4 -v cl I i '4p 1 , r (yJ-dI. -c' sr � �id . 0.W. w 070 -Co. P. al w,. r / 1z-o.1-•1, i.lJ . . . SIE -r-1.I1q. rtGaruittav s17- T� vU.Y wa Lou-rev wiii.110 Tie reo Quilz� sertyxr. iF t'L ri►. 01-1 - rA wot IG 'JFV--4►5l -E. Figure 3. Parkway Planting,Section. This figure shows the Installation street trees within the grassy portion of the parkway. Guidelines to Elgin Landscape Requirements 0 Planting, Maintenance, CHAPTER FOUR and Removal Standards This chapter describes requirements and standards for the planting, maintenance, and removal of required trees and other landscape materials . A. Plant Materials - Generally. Trees and other landscape materials installed as part of an approved site development plan, subdivision or planned development shall meet the standards of the "American Standard for Nursery Stock" , ANSI Z60 . 1-1990, American Association of Nurserymen, most recent edition. Plants shall meet all requirements of federal, state, and local law with respect to plant type, labeling, nursery or plant inspection, disease, insect, and other pest infestation, and other requirements . Plants shall be high quality nursery grown stock. No substandard "B Grade" or "Park Grade" plants shall be acceptable. Plants shall have been grown in a climate similar to the City of Elgin' s climate (Zone 5 - U.S. Department of Agriculture Hardiness Map) . No plant from a warmer climate shall be acceptable. Plants shall be in a healthy, vigorous condition, free of dead or broken branches, scars that are not completely healed, frost cracks, disfiguring knots, or broken or abraded bark. Plants shall have a full, even, and well developed branching; and a dense, fibrous, and vigorous root system. B. Plant Materials - Size. At the time of installation, plant materials shall meet or exceed the following minimum size requirements: 1. Shade Trees. At the time of installation, required shade trees (SR) shall measure not less than two and one-half inches in diameter, measured six inches above the ground, nor less than ten feet in height. Shade trees shall be delivered balled-and-burlapped. 2. Evergreen and Ornamental Trees. At the time of installation, required ornamental trees (SR) shall measure not less than two inches in diameter, measured six inches above the ground. Required (SR) evergreen trees shall measure not less than six feet in height. Evergreen and ornamental trees shall be delivered balled-and-burlapped. 3. Shrubs. At the time of installation, required deciduous shrubs (SR) shall measure not less than 24 inches in height, and required coniferous shrubs shall measure not less than 18 inches in height, except as may be specifically provided otherwise. Shrubs shall be delivered balled-and-burlapped or in containers . Container plants shall have been established for a minimum of one growing season in their containers before installation. Guidelines to Elgin Landscape Requirements !r Trees and other landscape materials planted in the public right of way or on any other public property; or specified on a landscape plan approved as an element of a subdivision or planned development, shall be planted, fertilized, staked, pruned, watered, and mulched in accordance with specifications issued by the City Forester. Unless funded as part of a City tree planting program, the cost of planting trees and other landscape materials shall be the responsibility of the developer or adjacent landowner undertaking such activity. Trees and other landscape materials planted in the public right of way in accordance with a landscape plan approved as an element of a subdivision or planned development shall be maintained by the subdivider or developer of property adjoining the public right of way prior to the date of City Council acceptance of the public improvements, except as may be provided otherwise. Maintenance includes weeding, mowing, trimming, edging, cultivation, reseeding, plant replacement, fertilizing, spraying, pest and insect control, and watering. The subdivider or developer shall further guarantee the replacement of dead or dying trees and other landscape materials planted in a public right of way for a period of three years following the date of City Council acceptance of the public improvements . The guarantee shall be in the form of a written indemnification agreement provided by the City and shall be executed by the subdivider or developer prior to the City Council acceptance of the public improvements . A. Tree Removal - Guidelines. The City Forester shall use the following guidelines when considering a request to remove a tree or other landscape material from the public right of way: 1 . The tree or other landscape material is dead or dying, or is creating a hazard condition. 2 . The tree or other landscape material is infested with a disease or insect which threatens the survivability of adjacent trees or other landscape materials . 3 . The tree or other landscape material is an undesirable species . 4 . The tree or other landscape material stands in the way of necessary land improvements and all possibilities for preservation have been exhausted. B. Tree Pruning - Guidelines. The City Forester shall use the following guidelines when considering a request to prune trees and other landscape materials located on the public right of way: 1 . Pruning will improve the health of the tree or other landscape material. 2 . Pruning will provide branch clearance over sidewalks, streets, and other public ways . 3 . Pruning will provide branch clearance from traffic signals, traffic signs, or street lights . 4 . Pruning will remove dead and dangerous limbs . Guidelines to Elgin Landscape Requirements a 5 . Pruning will clear limbs from roof tops, gutters, and awnings . 6 . Pruning will provide safe clearance from public utility poles, lines, and other appurtenances . 7 . Pruning may be performed in some cases to promote sunlight penetration and bird abatement. At no time shall more than 15 percent of the tree crown be removed. 8 . All pruning shall follow ANSI A300-1995, unless other procedures are necessary. C. Tree Removal/Pruning - Cost. The cost of removing or pruning trees or other landscape materials located in the public right of way shall be borne by the landowner of adjacent property applying for approval for such removal or pruning, unless the tree or other landscape material is being removed or pruned because it is dead or dying, constitutes a hazard, or the work is being performed as part of a City maintenance program. D. Supervision. It is unlawful for any person or firm to plant, remove, or prune trees or other landscape materials located in the public right of way or on any other public property unless under the supervision of a International Society of Aboriculture ( ISA) certified arborist. E. Insurance. It is unlawful for any person or firm to remove or prune trees or other landscape materials located in the public right of way or on any other public property prior to obtaining liability insurance, including bodily injury and property damage, with limits not less than $300,000. 00 per person and $1,000, 000 .00 per occurence for personal injuries and $100,000 . 00 for property damage. The certificate of insurance shall be issued by a liability insurance company licensed to do business in the State of Illinois . The certificate of insurance shall name the City as an additional insured. Guidelines to Elgin Landscape Requirements 13 Tree and Landscape Conservation CHAPTER FIVE The City of Elgin recognizes the value of protecting trees and other landscapes . The reasons are many and varied. They range from scenic and visual to important health and environmental benefits, and economic gain as well. The special places that give the Elgin environs its distinctive character need not all be developed or become the remnant parcels destined to detain stormwater. Subdividers and developers are encouraged to preserve significant trees and woodlands, and other landscapes that provide scenic, wildlife habitat, recreation, and/or environmental benefits (see Appendix Two) . When significant trees fall victim to development activity, subdividers and developers are encouraged to replace those trees in order to maintain the ecological diversity in the subdivision or development. Trees with a numerical quality rating of three or greater using the scoring system defined in "Wild Plants and Natural Areas of Kane County" by Young or "Plants of the Chicago Region" by Swink and Wilhelm are considered to be significant and worthy of replacement (see Appendix Three) . Subdividers and developers are encouraged to replace significant trees using the following schedule: Size of Tree Removed Minimum 2-1/2" Caliper Replacement Tree 12-18" d.b.h. 1 Tree 19-24" d.b.h. 2 Trees >25" d.b.h. 3 Trees Subdividers and developers are encouraged to plant replacement trees having an equal or greater numerical rating to the trees removed. Replacement trees can be planted as street trees, used to landscape areas reserved for park and open space, and to enhance entry features to the development site. Guidelines to Elgin Landscape Requirements 14 Appendix ONE Definitions and Terms The following definitions and terms shall be applicable to this Guide: ARTERIAL STREET. "Arterial Street" shall mean a street which collects and distributes traffic to and from collector streets, and is contained within a minimum 80 ' right of way. COLLECTOR STREET. "Collector Street" shall mean a street which collects traffic from local streets and connects with arterial streets, and is contained within a minimum 70 ' right of way. COLUMNAR TREE. "Columnar Tree" shall mean a narrow, upright tree form. DIAMETER AT BREAST HEIGHT. "Diameter at Breast Height" shall mean the diameter of a tree measured at breast height, four and one-half feet above grade. DOUBLE FRONTAGE LOT. "Double Frontage Lot" shall mean a lot that fronts upon two parallel streets or that fronts upon two streets that do not intersect at the boundaries of the lot. EVERGREEN TREE. "Evergreen Tree" shall mean a tree having foliage that persists and remains green throughout the year. FAR SIDE. "Far Side" shall mean a relative term, dependent upon traffic direction, referring to that part of an intersection across (on the far side of) the intersecting street, alley, or driveway from the driver's point of view. FASTIGIATE TREE. "Fastigiate Tree" shall mean a narrow, upright tree form. GLOBAL TREE. "Global Tree" shall mean a rounded, spherical tree form. LARGE TREE. "Large Tree" shall mean a shade tree reaching more than 40 feet in height at maturity. Guidelines to Elgin Landscape Requirements /Yj LATERAL TREE SPACING. "Lateral Tree Spacing" shall mean the location of a tree in the treebank area or median, measured perpendicular to the curbline of a street and to the right of way line. LINE OF SIGHT CONTROL AREA. "Line of Sight Control Area" shall mean a triangular shaped area established at a street intersection, or at the intersection of an alley or a driveway with a street, in which nothing is erected, placed, planted, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection. LONGITUDINAL TREE SPACING. "Longitudinal Tree Spacing" shall mean the spacing between trees located in a treebank area or median, measured parallel to the street. MEDIUM TREE. "Medium Tree" shall mean shade tree reaching from 30 to 40 feet in height at maturity. NEAR SIDE. "Near Side" shall mean a relative term, dependent upon traffic direction, refering to that part of an intersection before (on the near side of) the intersecting street, alley, or driveway from the driver's point of view. ORNAMENTAL TREE. "Ornamental Tree" shall mean a deciduous tree with a mature height less than 30 feet, possessing qualities such as flowers, fruit, and attractive foliage or shape. PUBLIC PROPERTY. "Public Property" shall mean property owned by the City of Elgin. PUBLIC RIGHT OF WAY. "Public Right of Way" shall mean a strip of land dedicated to the City of Elgin for use as a street and for other public purposes . PYRAMIDAL TREE. "Pyramidal Tree" shall mean a pyramid-shaped tree form, having a wide base at the bottom of the tree canopy and tapering to a point. SHADE TREE. "Shade Tree" shall mean a deciduous tree with a mature height above 30 feet, generally having a single stem, planted primarily for shade. Guidelines to Elgin Landscape Requirements UP SHRUB. "Shrub" shall mean a small, deciduous or evergreen plant used as a hedge, foundation planting, border, or accent, possessing qualities such as flowers, fruit, and attractive foliage or shape. SMALL TREE. "Small Tree" shall mean a shade or ornamental tree reaching up to 30 feet at maturity. SPREADING TREE. "Spreading Tree" shall mean a wide-shaped tree form, often wider than high. TREEBANK. "Treebank" shall mean that portion of the public right of way located between the street and the nearest parallel property line, including the sidewalk. TREES, SHRUBS, AND OTHER PLANT MATERIALS. "Trees, Shrubs, and Other Plant Materials" shall mean all vegetation, woody or otherwise, except lawn grass and flowers less than 24 inches in height. Guidelines to Elgin Landscape Requirements 17 Appendix TWO A Mini-Directory of Tree Protection Techniques Impact to Tree Construction Activity Methods/Treatments to Minimize Damage Branch and trunk injury from equipment Fence trees to enclose low branches end protect trunk.Report all damage promptly so arborlsl can treat appropriately. Pruning for vertical clearance for Prune to minimum height required prior to construction.Consider minimum height requirements of construction equipment and emergency vehicles over roads.All pruning should be performed by an arborist,not by construction personnel. Felling trees In construction area Require that trees being removed be felled away from,rather than Into,tree protection zones. Root damage Stripping site of organic surface soil Restrict stripping of topsoil around trees.Any woody vegetation to be removed or loss adjacent to trees to remain should be cut al ground level and not pulled out by equipment,or root injury to remaining trees may result. Digging into topsoil layer and killing roots Store outside fenced protection zones and away from root zones.Place while loading piles of soil,gravel,etc plastic tarp,straw,plywood,or geotexile material beneath pile. Lowering grade,scarifying,preparing Use retaining wails with discontinuous footings to maintain natural grade subgrade for fills,structures as far as possible from trees.Excavate to finish grade by hand and cut exposed roots with a saw to avoid root wrenching and shattering by equipment,or cut with root-pruning equipment.Soil beyond cut face can be removed by equipment sitting outside the dripline of the tree. Subgrade preparation for pavement Use paving materials requiring a minimum amount of excavation (e.g., reinforced concrete Instead of asphalt).Design traffic patterns to avoid heavy loads adjacent to trees(heavy load-bearing pavements require thicker base material and subgrade compaction).Specify minimum subgrade compaction under pavement within root zone.install aeration pipes If necessary. Excavation for footings,walls, Design walls/structures with discontinuous footings and pier foundations. foundations Excavate by hand near major roots.Avoid slab foundations,use post-and- beam footings. Trenching for utilities,drainage Coordinate utility trench locations with Installation contractors.Consolidate utility trenches.Excavate trenches by hand In areas with roots larger than one Inch diameter.Tunnel under woody roots rather than cutting them.Curve trenches rather than using straight lines. Unfavorable Compacted soils Fence trees to keep traffic and storage out of root area,in areas of engineered conditions for growth: fills,specify minimum compaction(usually 85%)If fill will not support a chronic stress from structure.Provide a storage yard and traffic areas for construction activity reduced root system well away from trees.Protect soil surface from traffic compaction with 12'to 14'of wood chip mulch.Following construction,vertical mulch compacted areas.Install aeration vents. Spills,waste disposal(e.g.,paint,oil,fuel) Post notices on fences prohibiting dumping and disposal of waste around trees. Require immediate cleanup of accidental spills. Concrete wash-out and waste dumping Designate wash-out area.Dig pit and remove after construction,if necessary. Soil sterilants(herbicides)applied under Use herbicides safe for use around exisiting vegetation and follow directions pavement on the label. Impervious surface over soil surface Utilize pervious paving materials(e.g.,interlocking blocks set on sand).Install aeration vents in impervious paving. Inadequate soil Rechanneilzatton of stream flow; In some cases it may be possible to design systems to allow low flows moisture redirecting runoff;lowering water through normal stream alignments and provide bypass into storm table;lower grade drains for peak flow conditions.Provide supplemental irrigation In similar volumes and seasonal distribution as would normally occur. Excess soil Underground flow backup;raising FAB placed across drainage courses must have culverts placed at the bottom of the moisture • water table low flow so that water Is not backed up before rising to the elevation of the culvert. Study the geotechnical report for groundwater characeristips to see that walls and fills • will not Intercept underground flow. Lack of surface drainage away from tree Where surface grades are to be modified,make sure that water will lbw away from the trunk(i.e.that the trunk Is not at the lowest point).if the tree is placed In a well,drainage must be provided from the bottom of the well. Irrigation of exotic landscapes Some species cannot tolerate frequent irrigation required to maintain lawns,flowers, and other shallow-rooted plants.Use free form mulch areas or avoid landscaping under those trees,or utilize plants that do not require irrigation. Increased exposure Thinning stands,removal of undergrowth Save groups or clusters of trees when working with species that perform poorly in the open oras single trees.Maintain the natural undergrowth. Excessive pruning Prune sparingly,especially In stands of shade-tolerant species.Remember,leaves manufacture the food needed for growth and recovery from shock. Source:Tree City USA Bulletin,No.20. Guidelines to Elgin Landscape Requirements /8 Appendix THREE Contributing Trees In order to protect the property values and to preserve an important part of the native heritage in Elgin, subdividers and developers are encouraged to replace the following species of trees which have been removed do to conflict with development activities . The replacement trees should be of the same species, or have an equal or greater numerical quality rating. The following species of trees have a numerical quality rating of three or greater and are considered to be contributing trees to the City of Elgin: Species Numerical Quality Rating Evergreens White Pine (Pinus strobus) 3 Red Pine (Pinus resinosa) 3 White Cedar (Aborvitae) (Thuja Occidentalis) 10 Red Cedar (Juniperis virginiana) 3 Poplars Big Tooth Aspen (Populus grandidentata) 6 Quaking Aspen (Populus tremuloides) 4 Willows Black Willow (Salix nigra) 4 Peach-Leaved Willow (Salix amygdaloides) 5 Walnuts and Birches Black Walnut (Juglans nigra) 5 Butternut (Juglans cinerea) 8 Shagbark Hickory (Carya ovata) 5 Kingnut Hickory (Carya laciniosa) 10 Hazelnut (Corylus americana) 5 Hop Hornbeam ( Ironwood) (Ostrya virginiana) 5 Blue Beech (Musclewood) (Carpinus caroliniana) 8 Yellow Birch (Betula lutea) 10 River Birch (Betula nigra) 6 Gray Birch (Betula populifolia) 5 Swamp Birch (Betula sandbergii) 10 Guidelines to Elgin Landscape Requirements /9 Legumes Kentucky Coffee Tree (Gymnocladus dioica) 8 Honey Locust (Gleditsia triacanthos) 3 Redbud (Cercis canadensis) 10 White Oaks Bur Oak (Quercus macrocarpa) 4 White Oak (Quercus alba) 6 Swamp White Oak (Quercus bicolor) 8 Red Oaks Shingle Oak (Quercus imbricaria) 10 Chinquapin Oak (Quercus muhlenbergii) 10 Black Oak (Quercus velutina) 6 Red Oak (Quercus rubra) 7 Hill ' s Oak (Quercus ellipsoidalis) 6 Elms, Hackberry, Linden and Catalpa American Elm (Ulmus americana) 3 Slippery Elm (Ulmus rubra) 4 Rock Elm (Ulmus thomasi) 10 Hackberry (Celtis occidentalis) 3 Basswood (Linden) (Tilia americana) 5 Tulip Tree (Lirodendron) 3 Maples and Sycamore Sugar Maple (Acer saccharum) 5 Black Maple (Acer nigrum) 5 Sycamore (Platanus occidentalis) 6 Miscellaneous Ohio Buckeye (Aesculus glabra) 3 Sassafras (Sassafras albidum) 5 Red Mulberry (Morus alba) 10 Ash White Ash (Fraxinus americana) 5 Red Ash (Fraxinus pennsylvanica) 7 Black Ash (Fraxinus nigra) 8 Blue Ash (Fraxinus quadrangulata) 8 Guidelines to Elgin Landscape Requirements 1-O Rose and Cherry Iowa Crab (Pyrus baccata) 3 Wild Plum (Prunus americana) 5 Pin Cherry (Prunus pensylvanica) 5 Allegheny Shadblow (Amelanchier laevis) 8 Downey Shadbush (Amelanchier arborea) 8 Hawthorns Large-Seeded Hawthorn (Crataegus flabellata) 5 Frosted Hawthorn (Crataegus pruinosa) 6 Round-Leaf Hawthorn (Crataegus chrysocarpa) 8 Compound Leaves Bladdernut (Staphylea trifolia) 7 Staghorn Sumac (Rhus typhina) 3 Paw Paw Paw Paw (Asimina triloba) 10 Dogwoods Pagoda Dogwood (Cornus alternifolia) 7 Viburnums Black Haw (Viburnum prunifolium) 4 Nannyberry (Viburnum lentago) 5 ENDNOTES ( 1) Young, Dick. Kane County Wild Plants and Natural Areas, 2nd Edition. Kane County, 1994 . Guidelines to Elgin Landscape Requirements Zl Appendix FOUR Landscape Maintenance Schedule The following is a recommended calendar for the care of newly installed landscaping: January General o Plan maintenance program o Plan new and replacement planting February General o Purchase maintenance supplies o Purchase new and replacement planting Trees o Prune deciduous trees March Trees o Prune deciduous trees o Transplant trees o Install new trees Shrubs o Prune deciduous shrubs o Transplant shrubs o Install new shrubs April Trees o Transplant existing trees o Install new trees Shrubs o Transplant existing shrubs o Install new shrubs o Clean up shrub beds Turf o Install new lawns (sod and seed) o Mow lawns, as required o Treat lawns with pre-emergent herbicides, as required May Trees o Install new trees o Monitor for winter damage, prune as required o Fertilize trees Guidelines to Elgin Landscape Requirements o Restore tree saucers o Mulch tree saucers o Monitor new and transplanted trees, water as required o Remove tree wrap from previous season' s transplanted or installed trees Shrubs o Install new shrubs o Monitor for winter damage, prune as required o Fertilize shrubs o Prune early-spring flowering shrubs after flowering o Restore bed edges o Mulch shrub beds o Monitor new and transplanted shrubs, water as required o Remove winter protection Turf o Install seed or sod, water as required o Mow lawns, weekly or as required o Fertilize lawns, first application o Treat lawns with post-emergent herbicides, as required June Trees o Monitor for insects and diseases, treat as required o Monitor new and transplanted trees, water as required o Weed tree saucers Shrubs o Monitor for insects and diseases, treat as required o Prune late-spring flowering shrubs after flowering o Monitor new and transplanted shrubs, water as required o Weed shrub beds, as required o Shear hedges, first time Turf o Monitor newly seeded or sodded lawns, water as required o Monitor for insects and diseases, treat as required o Mow lawns, weekly or as required o Fertilize lawns, second application o Treat lawns with post-emergent herbicides, as required July Trees o Monitor for insects and diseases, treat as required o Monitor new and transplanted trees, water as required o Weed tree saucers Shrubs o Monitor for insects and diseases, treat as required o Monitor new and transplanted shrubs, water as required o Weed shrub beds, as required o Shear hedges, second time Turf o Monitor lawns, water as required o Monitor for insects and diseases, treat as required Guidelines to Elgin Landscape Requirements �3 o Mow lawns every ten days to two weeks and raise mower height August Trees o Monitor for insects and diseases, treat as required o Monitor new and transplanted trees, water as required o Re-mulch tree saucers o Weed tree saucers Shrubs o Monitor for insects and diseases, treat as required o Monitor new and transplanted shrubs, water as required o Re-mulch shrub beds o Weed shrub beds Turf o Monitor lawns, water as required o Monitor for insects and diseases, treat as required o Mow lawns every ten days to two weeks September Trees o Monitor for insects and diseases, treat as required o Monitor new and transplanted trees, water as required o Weed tree saucers o Install new evergreens Shrubs o Monitor for insects and diseases, treat as required o Monitor new and transplanted shrubs, water as required o Fertilize shrubs o Weed shrub beds o Prune shrubs, as required o Shear hedges, third time o Install new shrubs Turf o Monitor newly seeded or sodded lawns, water as required o Monitor for insects and diseases, treat as required o Mow lawns every week to ten days and lower mower height o Fertilize lawns, third application o Install seed or sod, water as required October Trees o Monitor for insects and diseases, treat as required o Begin dormant season pruning o Transplant existing trees o Install new trees Shrubs o Monitor for insects and diseases, treat as required o Prune shrubs, as required o Transplant existing shrubs o Install new shrubs Guidelines to Elgin Landscape Requirements Turf o Monitor newly seeded or sodded lawns, water as required o Mow lawns every ten days to two weeks o Install seed or sod, water as required November Trees o Continue dormant season pruning o Install new trees Shrubs o Install new shrubs Turf o Mow lawns every ten days to two weeks December General o Repair tools and equipment Guidelines to Elgin Landscape Requirements Committee of the Whole Meeting September 10, 1997 Page 3 Litigation - exempt under Section 120/2 (c) ( 11) of Open Meetings Act Purchase of Property - exempt under Section 120/2 (c) (5) of Open Meetings Act Sale of Property (setting price) - exempt under Section 120/2 (c) ( 6 ) of Open Meetings Act Yeas : Councilmembers Gavin, Gilliam, McKevitt, Schock, Walters, Yearman, and Mayor Kelly. Nays : None. Whereupon at 6 :21 p.m. , the corporate authorities convened in executive session for the purpose of discussing the above-stated matters . At 7 : 17 p.m. , the corporate authorities returned to open session. The meeting resumed at 7 : 17 p.m. Real Estate Sales Contract with Colonial Enterprises, Inc. for Open Space Property A resolution for execution of the aforementioned sales contract will be considered for adoption at tonight ' s Council meeting. Public Hearing on Proposed Tree Ordinance Mayor Kelly declared the public hearing open. Parks and Recreation Director Meyers highlighted the proposed ordinance considered by the City Council at its May 14 , 1997, meeting. She described the proposed compromise reached by the review committee, which basically involves a change in the tree replacement method. She reviewed the benefits of having a Tree Ordinance. Comments from other members of the review committee and citizens included emphasizing the importance of a systematic approach, urging the City to inventory the trees and devote greater resources to tree programs, need for a forestry inspector to insure that developers take proper inventory, and establishment of a commission to address and raise awareness of environmental issues and perform a tree inventory. The City Council was urged to pass a Tree Ordinance and devote more funding toward tree programs . Mayor Kelly declared the public hearing closed. Councilmembers discussed the proposed Tree Ordinance, the compromise regarding tree replacement, and cost associated with enforcing the ordinance. Some Councilmembers questioned why a Tree Ordinance is needed in view of the regulations that already exist . Other Councilmembers stated they did not believe passage Committee of the Whole Meeting September 10, 1997 Page 4 of the proposed Tree Ordinance would have any adverse affect or result in additional costs to the City. Councilman McKevitt made a motion, seconded by Councilman Gavin, directing that staff prepare a tree ordinance which is basically a summation of all the various existing ordinances regarding trees and landscape requirements . There specifically is to be no new reference to mandatory replacement. The provisions in the existing code that call for mandatory replacement may continue to exist. No new restrictions are to be included regarding private property; however, the existing provisions may remain. Further, the proposed Tree Ordinance and the recommended compromise regarding tree replacement should be used as a guideline for developers and the Planning Department to use in their review process . Yeas : Councilmembers Gavin, McKevitt, Yearman, and Mayor Kelly Kelly. Nays : Councilmembers Gilliam, Schock, and Walters . New Liquor License Classification to Allow Liquor Sales Via the Internet Councilmembers discussed the possibility of enforcement problems in prosecuting the possible sale of liquor to minors via the Internet. Councilman Gavin made a motion, seconded by Councilman Gilliam, to establish a new liquor license class which would permit the sale of liquor via the Internet. Yeas : Councilmembers Gavin and Gilliam. Nays : Councilmembers McKevitt, Schock, Walters, Yearman and Mayor Kelly. 1997/1998 Self-Insurance Program Renewal Councilman Gilliam made a motion, seconded by Councilman Gavin, to approve renewal of the City' s limited self-insurance program as proposed by Lundstrom Insurance and outlined in the September 5, 1997, agenda memorandum. Yeas : Councilmembers Gavin, Gilliam, McKevitt, Schock, Walters, Yearman and Mayor Kelly. Nays : None. Recommendation from Neighborhood Services Committee for Proposed Installation of Two-way Stop at 11 Various Intersections Councilwoman Yearman made a motion, seconded by Councilman Gilliam, to approve the recommendation for installation of two-way stop signs . Yeas : Councilmembers Gavin, Gilliam, McKevitt, Schock, Walters, Yearman and Mayor Kelly. Nays : None. ��{ OF Etc, `' 42ti� Agenda Item No. City of Elgin September 4, 1997 • TO: Mayor and Members of the City Council FROM: Robert O. Malm, Interim City Manager SUBJECT: Public Hearing on Proposed Tree Ordinance PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider the tree ordinance proposed by the Parks and Recreation Board. BACKGROUND The Mayor and members of the City Council tabled the consider- ation of the proposed tree ordinance at the May 14 City Council Meeting. A review committee has completed gathering data and the comparative analysis with other communities to prepare options to the proposed ordinance for consideration. The participating members of the review committee were as follows : Tom Armstrong, Principal Planner Sheri Buttstadt, Lords Park Association Ted Denning, Civil Engineer Roger Dieringer, Izaak Walton League Bob Edwards, Parks and Recreation Advisory Board Dan Kowalewski, Commonwealth Edison Jim McConoughey, Elgin Area Chamber of Commerce Monica Meyers, Director, Parks and Recreation Department Mike Noland, Izaak Walton League Dave Osborn, Parks Superintendent Jim Sheppard, City Arborist Attached is a response to questions raised at the May 14 City Council meeting. Also enclosed as Attachment A is other information developed during meetings of the review committee (community comparisons in forestry operations, estimated cost to more effectively manage the City's tree inventory, the effect on the utility franchise agreement with Commonwealth Edison, tree replacement options to the proposed ordinance, City street project cost analysis, development property annexation issues and possible developer incentives) . • Tree Ordinance September 4, 1997 Page 2 eP- The review committee had four meetings to discuss the issues and determine a consensus of policies regarding tree replacement and ordinance applicability. No consensus was reached within the committee regarding the applicability of the ordinance (inclusion of commercial and industrial development) ; however, agreement was received regarding the replacement method as follows: 1. Decisions on tree replacement are proposed to be based on a numeric tree quality rating as outlined in section IV-A on page 4 of Attachment A. 2 . Trees with a 4 inch- 8 inch diameter are to be replaced, tree for tree, as outlined in section IV-E on page 5 of Attachment A. Trees with a diameter of 8" or greater are to be replaced, inch for inch diameter, as outlined in section IV-D on page 5 of Attachment A. Discussions regarding the proposed tree ordinance again led to the advantages of adopting a systematic tree maintenance program. A systematic approach would be desirable regardless of whether the proposed ordinance is adopted. Thru August, 1997, there have been over 1,500 citizen calls for tree trimming or removal. During the spring and fall season, there is an average 80 calls per week for the City Forester to enter, evaluate, and respond. The goal with implementing the tree ordinance is to improve existing services through the compliment of additional staff and equipment as well as implementing a city-wide systematic tree trimming program. The provisions of the ordinance requiring a no-cost permit to trim or plant a tree in the public right-of-way already exist. The requirements for reviewing and enforcing replacing trees four inches or more in subdivisions and in planned developments is an additional duty for the Forestry Division. Without some additional staffing to administer this specific requirement, it will be difficult to supply a timely review for development or not lengthen the response time for citizen requests (already lengthy) even further. Inclusion of industrial and commercial areas in the ordinance will further exacerbate the issue of existing limited resources. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED The Parks and Recreation Advisory Board has considered comments from various concerned citizens in ' their review of the draft tree ordinance. e•-• Ordinance review committee. Tree Ordinance September 4, 1997 Page 3 FINANCIAL IMPACT The City in 1997 budgeted $257,588 ($108,038 staff and supplies; $149,550 contractual services) for Forestry operations within the General Fund and $100,000 for contractual services through Riverboat funds . The contracted services pay for responses to citizens ' requests for tree trimming, removal and replanting. The information in Attachment A describes the cost of implementing new initiatives within the tree ordinance (i .e. systematic five-year tree trimming) and enhancing the quality of existing services that have been incorporated within the ordinance (i.e. , in-house and citizen tree work requests, permits, engineering inspections, Commonwealth Edison coordination, etc. ) . To manage the increase demands and expectations of the Forestry Division, particularly in light of this ordinance, requests for additional resources will be considered in the current budget deliberations. LEGAL IMPACT tow It is recommended that utilities be exempt from the ordinance due to the existing franchise agreement between the City and Commonwealth Edison and Rider 28 of the Illinois Commerce Commission Local Government Compliance Clause for electricity for cities and villages. ALTERNATIVES Alternatives are to: 1. Adopt the tree ordinance as proposed. 2 . Adopt the review committee' s replacement criteria. 3. Include commercial and industrial development applicability to ordinance. 4 . Exempt public utility companies . RECOMMENDATION It is recommended that the proposed tree ordinance be considered with the recommendations of the review committee but exclude public utility companies as they are already covered by existing franchise agreements. It is suggested that adoption of the ordinance itself be deferred until the 1998 Budget process is further developed to assess whether any additional support can be directed towards the Forestry function. Direction is sought as to whether industrial and commercial areas should be included with the scope of the ordinance. Tree Ordinance September 4, 1997 Page 4 fek Respectfully submitted, flt4th Monica Meyers, Di ector Pa nd Recreation ob VIAL''..-- Int rim City Manager mm Attachment A Review Committee Report I. Community Comparison II. Cost to Manage the Ordinance III. Utilities IV. Tree Replacement Options V. City Projects Analysis VI. Annexation Issues VII. Developer Incentives • I. Community Comparisons: Community Population Street Staff Equipment Budget Contract$ Trees Addison 32,000 11,776 7 full-time 2 bucket trk $565,000 $140,000 2 chippers 2 dump trk 1 water trk 1 trailer 1 backhoe 1 jaw Aurora 99,000 10,000 7 full-time* 1 bucket trk 0 $360,236 3 part-time 2 chippers 2 dump trk Champaign 63,500 14,000 7 full-time 2,bucket trk $400,000 $ 50,000 1 dump trk 1 water trk 1 pickup trk Downers 46,850 22,850 2 full-time 2 pick-ups $369,000 $290,000 Grove 2 dump trk 3 chippers 2 5-ton trk Elgin 85,000 60,000 1 full-time 1 1-ton trk $108,038 $249,550 1 pt intern 2 chippers Glen Ellyn 25,000 13.500 5 full-time 2 bucket trk $203,000 $237,000 1 pick-up 5 chippers 1 log spliter 2 stmpgrnd Joliet 90,000 30,000 1 full-time None $158,000 $170,000 1 part-time • Urbana 36,000 12,500 4 full-time 2 bucket trk $307,600 $25,000 2 part-time 2 chippers 1 stmp grnd 2 dump trk 1 pick-up Waukegan 70,000 10,000 10 full-time 2 bucket trk ? None 2 part-time 2 chippers 2 stumpers 2 loaders 4 tnicks ellek *Aurora's staff is within the Public Works Department assigned to forestry work when available. There are no full or part-time staff dedicated to forestry operations. 1 II. Cost To Manage The Ordinance: PERSONNEL CONTRACT SERVICE CAPITAL TOTAL PROPOSED ORDINANCE $173,240 $200,000 $113,000 $486,240 ADDING COMMERCIAL & $ 57,073 $ 0 $ 25,000 $ 82,073 INDUSTRIAL TOTAL FOR BOTH $230,313 $200,000 $138,000 $568,313 A. Current Needs/Proposed Ordinance Cost- The cost estimate to manage the proposed ordinance is equal to our current needs assessment due to the current work that is being done and has been incorporated into the proposed ordinance. • Staff- The Parks Forestry operation currently consists of one full-time Arborist and one summer part-time intern. To improve the management of the forestry operations four additional full-time a one part-time positions are needed. A Forester to oversee the operations, a crew leader and two tree workers for in-house work orders and a part-time secretery to manage phone calls and tree requests. The cost breakdown for the additional staff is as follows (general job descriptions attached): Forester $ 39,912 Lead Worker $ 30,192 Tree Worker $ 27,279 Tree Worker $ 27,279 PT Secretary $ 8.600 $133,262 Subtotal Benefits (30%) + $ 9,978 $173,240 Total Additional Staff Cost • Contract Service- A comprehensive urban forestry program is based on a five-year trim cycle. Therefore, every street tree will be inspected with the necessary trimming or removal once every five years. Additionally, trees will be replaced and new trees planted. The cost to initiate this systematic tree trimming/replacement program is $150,000. Other communities that have initiated a.five-year trim cycle have stated that the cost for the trimming reduces, on average by 30% - 40% following the first five-year cycle and remains consistent from that point. For example, Cincinnati Ohio experienced a 30% reduction in tree work costs following the first year and a 70% reduction following the third year of their systematic trim cycle. Therefore, it is anticipated that if initiated in 1998 $150,000 would need to be budgeted annually throughout 2002 and then the allocated budget would be reduced to $105,000 annually. The overall cost for contracted services will also reduce due to the reduction in emergency storm cleanup. For example, Champaign and Glen Ellyn stated that storm damage considerably decreased at approximately 40% in areas receiving systematic trims. 2 The expanded contract services will enable the forestry operations to work with the Public Works Department to trim/remove trees prior to the start of a street resurfacing project. This will allow for less damage to trees during projects and create easier access for contractors. Following the project, staff will work with citizens to replace removed trees and plant additional tree bank trees. The cost to perform this work, based on the 1998 street resurfacing projects, is $50,000. • Capital- The additional equipment that is needed to initiate the program and replace equipment on a five-year cycle is as follows: 37 foot aerial lift truck with box $ 70,000 3/4 ton 4x4 pickup truck $ 25,000 Stump grinder $ 18,000 $113,000 Total Equipment B. Adding Commercial and Industrial Cost- The addition of managing commercial and industrial development will increase the cost to manage the ordinance through the following resources: • Staff- A full-time Forestry Inspector will be needed to work with commercial and industrial developers on performing tree surveys, tree preservation, tree replacement through the site landscape plan and follow-up for planting inspections. The additional permitting, tracking and reporting will require the part-time secretary requested above be upgraded to a full-time clerk/typist position. Forestry Inspector $30,192 FT Clerk/Typist $13,711 ($22,311 - $8,600 from above) $43,903 Subtotal Benefits (30%) + $13,170 $57,073 Total Additional Staff Cost • Contract Service- No additional contract services will be needed. • Capital- The additional equipment that is needed to incorporate the Forestry Inspector is one 3/4 ton 4x4 pick-up truck at a cost of $25,000 initially and on a five-year replacement cycle. • 3 III. Utilities: Commonwealth Edison currently trims trees on a four year cycle. Based on the current tree inventory in Elgin the cost to Commonwealth Edison to perform this cyclical trimming is $800,000 annually. In addition, the company utilizes two full-time staff to coordinate "customer tickets" only. "Customer tickets" refers to any customer inquiries relating to tree work only. The Illinois Commerce Commission has instituted this four year cycle for tree trimming. Commonwealth Edison follows the federal standards for line clearance. Based on the current franchise agreement between the City of Elgin and Commonwealth Edison, all ISA standards must be adhered to when trimming trees, if 15% or more of a tree must be trimmed the tree will be replaced through a 50/50 cost sharing program with the City at a maximum of$150 to Commonwealth Edison. The franchise agreement states that no other agreement can supersede the franchise agreement. Additionally, Rider 28 of the Illinois Commerce Commission Local Government Compliance Clause for electricity for cities and villages states that organizations requiring additional services than outlined in the ICC regulations agreement must be paid for by the users. Therefore, if additional tree replacement standards are instituted through the tree ordinance the City would be responsible for the additional cost exceeding the above cost sharing program. IV. Tree Replacement Options: The proposed ordinance recommends that all trees 4" d.b.h. (diameter at breast height) and larger under the 3 or greater quality rating system by replaced on an inch for inch d.b.h. basis. The following are qualifier and replacement options for consideration: A. 3 or Greater Tree Rating Qualifier- Tree replacement would be based on trees receiving a numerical quality of three or greater based on the scoring system defined in "Wild Plants and Natural Areas of Kane County" by Young or "Plants of the Chicago Region" by Swink and Wilhelm. For example, if one 10" Box Elder and one 10" White Oak were to be removed only the White Oak would need to be replaced as the Box Elder has a rating less than three. This qualifier could also be combined with the minimum size tree replacement and trees would be replaced based on either the inch for inch d.b.h. (D) or the graduated scale method (C). From the ordinances received, no communities utilize this replacement method. Note: Project costs below were based on inch for inch d.b.h. replacement. 4 t B. Minimum Size Tree Qualifier- Tree replacement would be based on a minimum size of the d.b.h. The proposed ordinance provides for trees with a minimum d.b.h. of 4" be replaced. The replacement d.b.h. could be increased. Several local communities use a replacement d.b.h. of 6". Other communities that utilize this replacement option are as follows: 4" Orland Park, IL 10" Winnetka, IL 6" Atlanta, GA 12" Rockville, MD Dublin, OH Lake Forest, IL Waukegan, IL Note: Project costs below were based on inch for inch d.b.h. replacement. C. Graduated Scale Replacement- Tree replacement could be based on a graduated replacement scale based on the size of the tree to be replaced as follows: Size of Tree Removed Minimum 2 1/2" dbh Replacement 6" - 11" d.b.h. 1 tree 12" - 17" d.b.h. 2 trees 18" - 24" d.b.h. 3 trees 25 and> d.b.h. 4 trees Waukegan uses a simplified method of this replacement by replacing trees 12" and greater with each tree replaced with 2- 2 1/2" trees. D. Inch for Inch (Tree Diameter) Replacement- The tree replacement incorporated in the proposed ordinance establishes that all trees removed be replaced to equal the existing d.b.h. Therefore, if one 12" tree and one 21" tree are being removed (33" d.b.h. total) they must be replaced.with 16 2 1/2" trees to total 33" d.b.h. Atlanta, Georgia and Waukegan, Illinois follow this replacement practice. In addition, Waukegan replaces trees 12" and greater d.b.h. and allows replacement credits for saving larger growth trees and exempts the building footprint area of the property. E. Tree For Tree Replacement- Each tree measuring 4" or greater d.b.h. removed would be replaced with a minimum of one 2 1/2" d.b.h. tree with no regard for species. Lake Forest, Illinois utilizes this replacement method. V. City Projects Analysis: The following analysis is a tree replacement and cost comparison based on the above tree replacement options. The costs are based on tree purchase and planting;the staff costs are reflected in section 2A. 5 Shales Parkway- Option DBH Removed DBH Replaced Cost A 382" 217.50" (87 trees) $17,400 B 382" 62.50" (25 trees) $ 5,000 C 382" 150" (60 trees) $12,000 D 382" 382" (153 trees) $30,000 382" (60 trees) 150" (60 trees) $12,000 The current plan for Shales Parkway tree replacement is to plant 165 trees (412.5" d.b.h.) within the two tree banks and the center median. Kimball Street- Option DBH Removed DBH Replaced Cost A 667" 667" (267 trees) $53,400 B 667" 47.50" (19 trees) $ 3,800 C 667" 282.50" (113 trees)* $22,600 D 667" 667" (267 trees) $53,400 w E 667" (19 trees) 47.5" (19 trees) $ 3,800 The current plan for Kimball Street tree replacement is to plant 158 larger specimen trees totaling 570" D.B.H. at a cost of$57,970. *Figures are an approximate. The engineering plans do not show d.b.h. of trees removed. The City Arborist estimated the trees removed to be 18" to 24" d.b.h. each. Area Three- Option DBH Removed DBH Replaced Cost A 853" info. not available* info. not available B 853" 147.50" (59 trees) $11,800 C 853" 335" (134 trees) $26,800 D 853" 852.50" (341 trees) $68,240 E 853" (134 trees) 335" (134 trees) $26,800 There is no plan for tree replacement. *The engineering plans do not show species, however, a preliminary site inspection revealed predominantly Box Elders, Silver Maples and Siberian Elms; below class 3 tree rating. ru 6 f"~ VI. Annexation Issues: The concern was raised that property owners will clear-cut lots of trees prior to annexing property into the City to avoid complying with the tree ordinance. From the sixteen communities that tree ordinances were requested, nine ordinances were received (see attached list) with four of those ordinances incorporating tree preservation sections; Atlanta, Georgia; Rockville, Maryland; Lake Forest, Illinois; and Winnetka, Illinois Atlanta, Georgia offers flexibilities within their ordinance to allow developers to exempt the area of the property that is buildable for the footprint of the building, parking lot and roadway. The representative stated that Atlanta has experienced no clearcutting as a result of their ordinance, however stressed the importance of reviewing each development application on a case by case basis. Rockville, Maryland incorporates a one for one tree replacement for all trees greater than 12" d.b.h. with no regard to species or d.b.h. replacement. The representative from Rockville stated that developers recognize the economic and environmental benefits to preserving trees and therefore there have been no instances of clearcutting by developers. Lake Forest, Illinois incorporates the one for one tree replacement for all trees greater than 12" d.b.h. with no regard to species or d.b.h. replacement. Winnetka, Illinois incorporates the one for one tree replacement for all trees greater than 10" d.b.h. with no regard to species or d.b.h. replacement. Replacement trees must be 4" d.b.h. VII. Developer Incentives: If commercial and industrial development is included as applicable within the ordinance incentives to save larger, older growth trees should be offered to developers for conserving these trees. a. Zoning variances and credits towards the property landscape plan when large, existing trees are left on site and adequately protected. Options that have been incorporated in other ordinances are as follows: b. Replacement flexibilities could be established if the property does not allow enough room to plant required replacement trees on site. for example, the developer could contribute the replacement funds for the trees into a City based tree replacement fund for future planting of trees in parks or other public property. "'' c. The building and parking lot footprints could be left exempt from tree replacement. tow August 14, 1997 Forester: The Forester would be responsible for: the day - to - day supervision of the forestry division; forestry personnel; development and implementation of an Arboricultual Plan for the City; development of a forestry budget; direction of work to be contracted; direction of work done in house; reviewing the performance of contractors and in house crews; provide technical assistance to Planning and Engineering Departments; , implementation of the tree ordinance; and other duties as assigned. Arborist: - The Arborist would work under the direction of the Forester reviewing requests for service; providing technical field rik assistance to Planning and Engineering Departments; work with citizens on tree related problems; and other duties as assigned. Crew Leader: The Crew Leader would work under the direction of the Forester doing in - house tree work; that would include,but not be limited to, tree trimming; tree removal; stump grinding; sodding; planting trees; and other duties as assigned. Tree Worker: The Tree Workers would work under the direction of the Forester helping the Crew Leader doing in - house tree work; that would include but not be limited to, trimming trees from the ground • through the use of pole saws; chipping branches; planting trees; watering trees; sodding; stump grinding; and other duties as assigned. Non - Contributing Trees fek The following trees and shrubs have been rated at 2 or lower and as such would have no replacement value pursuant to the provisions of Title 22, Trees . Species Numerical Quality Rating Evergreens Japanese Yews ( Taxus cupsidata ) 0 Scotch Pine ( Pinus sylvestris ) 1 Jack Pine ( Pinus banksiana ) 0 Red Cedar ( Juniperus virginiana ) 1 Poplars White Poplar ( Populus alba ) 0 Lombardy Poplar ( Populas nigra ) 0 Cottonwood ( Populas deltoides ) 2 Willows Crack Willo% ( Salix fragilis ) 0 White Willow ( Salix alba ) 0 Weeping Willow ( Salix alba tristis ) 0 Sandbar Willow ( Salix interior ) 0 ,/�►' Pussy Willow ( Salix discolor ) 2 [ Olives & Buckthorns Russian Olive ( Elaeagnus angustifolia ) 0 Autumn Olive ( Elaeagnus umbellata ) 0 Common Buckthorn ( Rhamnus cathartica ) -3 Glossy Buckthorn ( Rhamnus frangula ) -3 Dahurian Buckthorn ( Rhamnus davurica ) -1 Walnut & Birch Paper Birch ( Betula papyrifera ) 2 Legumes Black Locust ( Robinia pseudo acacia ) -2 Rose Acacia ( Robinia hispida ) 1 Oaks Pin Oak ( Quercus palustris ) 0 Elms, Hackberry, Linden, Catalpa Siberian Elm ( Ulmus pumila ) -1 Catalpa ( Catalpa speciosa ) 0 Maples & Sycamore Norway Maple ( Acer platanoides ) -1 Silver Maple ( Acer saccharinum ) 1 Boxelder ( Acer negundo ) 0 rik Red Maple ( Acer robrum ) 0 Miscellaneous elk Osage Orange ( Maclura pomifera ) 0 Wiite Mulberry ( Morus alba ) 1 Tree of Heaven ( Ailanthus altissima ) 1 Ash Green Ash ( Fraxinus pennsylvanica ) 2 Prickly Ash ( Xanthoxylum americana ) 1 Cherry European Mountain Ash ( Pyrus aucuparia ) 0 Siberian Crab ( Pyrus baccata ) 1 Apple ( Pyrus malus ) 1 Pear ( Pyrus communis ) 1 Choke Cherry ( Prunus virginiana ) 1 • Black Cherry ( Prunus serotina ) 2 Mahaleb Cherry ( Prunus mahaleb ) 0 Hawthorns Cockspur Hawthorn ( Crataegus crus galli ) 1 Dotted Hawthorn ( Crataegus punctata ) 1 Red Haw ( Crataegus mollis ) 2 Scarlet Hawthorn ( Crataegus coccinea ) 2 Compound Leaves Poison Ivy ( Rhus radicans ) -3 rib, Smooth Sumac ( Rhus glabra ) 1 Paw Paw Buffalo Currant ( Ribes odoratum ) 2 Dogwoods Gray Dogwood ( Cornus racemosa ) 1 Viburnums European Highbush Cranberry ( Viburnum opulis ) 0 Wayfaring Tree ( Viburnum lantana ) 0 Communities Contacted 1. Lake Forest Illinois 2. Aurora Illinois 3. Rockville Maryland 4. Millwaukee Wisconsin 5. Chicago Illinois 6. Joliet Illinois 7 . Winnetka Illinois 8. Atlanta Georgia 9 . Waukegan Illinois 10. Lincoln Nebraska 11. Glen Ellyn Illinois 13. Addison Illinois 14. Downers Grove Illinois 15. Champaign Illinois 16. Urbana Illinois Ordinances Received 1 . Lake Forest Illinois 2 . Aurora Illinois 3. Rockville Maryland 4 . Millwaukee Wisconsin 5. Chicago Illinois e"" 6. Joliet Illinois 7 . Winnetka Illinois 8. Atlanta Georgia 9. Waukegan Illinois Ordinances with Preservation Sections 1. Lake Forest Illionis 2 . Rockville Illinois 3. Winnetka Illinois 4 . Atlanta Georgia Attachment B Background on Tree Ordinances ,'I oew • • INTRODUCTION Why a Tree Ordinance? Ordinances reflect the values of a community, the values its residents believe are worth protecting to maintain their quality of life and an environment that is both safe and pleasant. A community's trees are very much the kind of community asset that deserves to be protected and managed for the common good. Trees should be considered as important a part of the community's infrastructure as are streets, sidewalks and utilities. A tree ordinance encourages beautification, air cooling and purification, noise abatement, -enhanced property values and the eft. other attributes of trees within a community. It enables the community to prevent and control the spread of diseases through the urban forest, to preserve trees in the path of development, and to avoid unnecessary costs associated with sewer clogging, sidewalk replacement and tree-related incidents . A tree ordinance also provides direction for tree care and helps control unscrupulous or careless operators. The Value of Trees The reasons for protecting trees are many and varied. Trees have aesthetic, environmental and economic value. They have long been valued for their visual beauty. They bring a human scale to the built environment by reducing the distortions of height and space created by large buildings, parking lots and roadways . Scientific research has documented the value of trees in controlling air pollution, moderating climate, reducing soil erosion and improving water quality. Communities are recognizing the economic benefits of trees in establishing a positive community image that can be important in attracting new businesses, in improving real estate values, and saving money on everything from energy costs to water supply. Communities with established and well-managed urban forests are often viewed as places with a sense of pride, and as special rik places to live and work. The value of trees ranges from scenic and visual to important health and environmental benefits, and economic gain as well. t SUMMARY OF THE ELGIN TREE ORDINANCE 1. WHAT DEVELOPMENT PROJECTS ARE EXEMPT FROM THE TREE REPLACEMENT AND LANDSCAPE PROVISIONS OF THE TREE ORDINANCE? o Site development on individual parcels of land, irrespective of the underlying zoning. o Utility, street, and other improvement projects in a public right of way. 2. WHAT TYPES OF DEVELOPMENT PROJECTS ARE REQUIRED TO COMPLY WITH THE TREE REPLACEMENT AND LANDSCAPE PROVISIONS OF THE TREE ORDINANCE? o Street trees are required to be planted in new subdivisions and planned developments, irrespective of the underlying zoning. o Isolated trees and woodland areas removed as part of the development activities associated with new subdivisions and planned developments are required to be replaced, irrespective of the underlying zoning. 3. HOW ARE THE TREE CONSERVATION AND TREE REPLACEMENT PROVISIONS IN THE ORDINANCE APPLIED? o The intent of the ordinance is to require that trees removed, measuring four inches in diameter or more at breast height and having a numerical quality rating of three or greater, be replaced. The total aggregate trunk diameter of the replacement trees must equal the diameter of the trees removed. The replacement trees are required to restore the diversity and numerical quality of the trees removed. Figure 1 illustrates the application of the tree replacement criteria on a hypothetical subdivision. Figure 2 lists trees having a numerical rating of three or greater. Figure 3 lists trees considered to be noncontributing. 4. HOW DOES THE ORDINANCE IMPACT THE OPERATIONS OF UTILITY COMPANIES AND OTHER COMPANIES OPERATING UNDER FRANCHISE AGREEMENT WITH THE CITY OF ELGIN? o It is the intent to allow public utility companies to Ct operate under the provisions of federal and state regulations, and their franchise agreements with the City SUMMARY/PZTEXT/2000AD.TS/2200CDT.OFC/2270PRK.REC/TREES ELGIN TREE ORDINANCE SUMMARY 09/02/97 of Elgin in cases where those regulations and agreements conflict with the provisions of the tree ordinance. 5. WHAT TYPES AND AMOUNTS OF STREET TREES ARE REQUIRED TO BE PLANTED IN NEW SUBDIVISIONS AND PLANNED DEVELOPMENTS? o The subdivision ordinance requires the planting of one street tree, at least 2-1/2 inches in caliper, for every 40 feet of street frontage. The tree ordinance contains additional requirements controlling planting intervals and location standards to allow street trees to mature and not interfere with utilities, roadways, sidewalks, line of sight control areas, street signs, and street lights . 6. ARE PERMITS REQUIRED TO PLANT, PRUNE, OR REMOVE TREES IN THE PUBLIC RIGHT OF WAY? o Trees located in the public right of way are the property of the city. Permits are required under the current ordinances to plant, prune, or remove trees in the public right of way. The proposed ordinance will continue this practice. fek 7. HOW LONG DOES IT TARE TO GET A PERMIT? o Landscape plans associated with subdivisions and planned developments will require no more time than is required for the normal review and city council approval of those types of projects. A general permit for required street trees (and replacement trees, when necessary) would be issued concurrent with other permits required for the construction of the project. o Permits associated with individual property owners plans to plant, prune, or remove trees in the public right of way can typically be issued the day the application is filed, or within one or two days if a site visit is required. o A general permit would be issued to firms performing tree pruning activities on behalf of the city or public utilities. Prior consultation with the city arborist is required under the current and proposed ordinances . 8. WHAT TYPES OF TREES ARE ACCEPTABLE? o High quality, nursery-grown trees are required to be planted because of the potential damage caused by eft' and other conditions causing tree stress eft' common to city streets. Street trees should be selected from species that are long lived, native to the area, hardy, have good aesthetic value, and have a low SUMMARY/PZTEXT/2000AD.TS/2200CDT.OFC/2270PRK.REC/TREES ELGIN TREE ORDINANCE SUMMARY 09/02/97 incidence of exfoliating bark, branch drop, fruit drop, and pruning. 9. WHO IS RESPONSIBLE FOR THE MAINTENANCE OF STREET TREES? o It generally takes two to three years following the planting of a tree to be assured that it has survived the stress of transplanting and that it is in a healthy condition. Accordingly, the ordinance provides that street trees are to be maintained in good condition by the subdivider/developer prior to and for a period of three years following city council acceptance of the public improvements in the subdivision or planned development. A guarantee to replace dead or dying trees , is required in the form of a written indemnification agreement executed by the subdivider/developer prior to city council acceptance of the public improvements. o Subdividers, developers, and individual property owners will be given tree planting standards and maintenance schedules to promote the proper planting and care of street trees . SUMMARY/PZTEXT/2000AD.TS/2200CDT.OFC/2270PRK.REC/TREES risk' Figure 1. TREE REPLACEMENT WHITE O K(2) 0 17' / 8' 24' M12" HAGBARK HICKORY 8 pi W 8' B CK CHERRY BOXELDE-(3) 0 2'WHITE OAK 24'COTTONWOOD 1111 � 17'SHAGBAR k1ff HICK SUGAR APLE(2) Trees removed due to conflicts with new streets and building locations ( >6( ) . Trees removed, measuring four inches in diameter or more at breast height and having a numerical quality rating of three or greater, must be replaced. The total aggregate trunk diameter of the replacement trees must equal the diameter of the trees removed. The minimum diameter of a replacement tree is 2-1/2 inches . # Trees Species Quality Aggregate # Replacement Removed Rating Diameter Trees (1) Black Cherry (2) 8" 0 (3) Boxelder (0) 24" 0 ( 1) Cottonwood (2) 24" 0 (2) Shagbark (5) 29" 12 Hickory (2) Sugar Maple (5) 30" 12 (3) White Oak (6) 63" 25 Total 49 ePh4. Replacement trees should be the same species as the trees removed, or when not available, have an equal or greater quality rating as the trees removed. REP.#1/PZTEXT/2000AD.TS/2200CDT.OFC/2270PRK.REC/TREES "' Figure 2. CONTRIBUTING TREES In order to protect the property values and to preserve an important part of the native heritage in Elgin, the following species of trees are required to be replaced pursuant to the provisions of Title 22, Trees . The replacement trees shall be of the same species, or have an equal or greater numerical quality rating. The following species of trees have a numerical quality rating of three or greater and are considered to be contributing trees to the City of Elgin ( 1) : Species Numerical Quality Rating Evergreens White Pine (Pinus strobus) 3 Red Pine (Pinus resinosa) 3 White Cedar (Aborvitae) (Thuja Occidentalis) 10 Red Cedar (Juniperis virginiana) 3 Poplars Big Tooth Aspen (Populus grandidentata) 6 Quaking Aspen (Populus tremuloides) 4 Willows Black Willow (Salix nigra) 4 Peach-Leaved Willow (Salix amygdaloides) 5 Walnuts and Birches Black Walnut (Juglans nigra) 5 Butternut (Juglans cinerea) 8 Shagbark Hickory (Carya ovata) 5 Kingnut Hickory (Carya laciniosa) 10 Hazelnut (Corylus americana) 5 Hop Hornbeam (Ironwood) (Ostrya virginiana) 5 Blue Beech (Musclewood) (Carpinus caroliniana) 8 Yellow Birch (Betula lutea) 10 River Birch (Betula nigra) 6 Gray Birch (Betula populifolia) 5 Swamp Birch (Betula sandbergii) 10 Legumes Kentucky Coffee Tree (Gymnocladus dioica) 8 tek Honey Locust (Gleditsia triacanthos) 3 Redbud (Cercis canadensis) 10 TREELIST/PZTEXT/2000AD.TS/2200CDT.OFC/2270PRK.REC/TREES White Oaks Bur Oak (Quercus macrocarpa) 4 White Oak (Quercus alba) 6 Swamp White Oak (Quercus bicolor) 8 Red Oaks Shingle Oak (Quercus imbricaria) 10 Chinquapin Oak (Quercus muhlenbergii) 10 Black Oak (Quercus velutina) 6 Red Oak (Quercus rubra) 7 Hill 's Oak (Quercus ellipsoidalis) 6 Elms, Hackberry, Linden and Catalpa American Elm (Ulmus americana) 3 Slippery Elm (Ulmus rubra) 4 Rock Elm (Ulmus thomasi) 10 Hackberry (Celtis occidentalis) 3 Basswood (Linden) (Tilia americana) 5 Tulip Tree (Lirodendron) 3 Maples and Sycamore Sugar Maple (Acer saccharum) 5 Black Maple (Acer nigrum) 5 Sycamore (Platanus occidentalis) 6 Miscellaneous Ohio Buckeye (Aesculus glabra) 3 Sassafras (Sassafras albidum) 5 Red Mulberry (Morus alba) 10 Ash White Ash (Fraxinus americana) 5 Red Ash (Fraxinus pennsylvanica) 7 Black Ash (Fraxinus nigra) 8 Blue Ash (Fraxinus quadrangulata) 8 Rose and Cherry Iowa Crab (Pyrus baccata) 3 Wild Plum (Prunus americana) 5 Pin Cherry (Prunus pensylvanica) 5 Allegheny Shadblow (Amelanchier laevis) 8 eftk Downey Shadbush (Amelanchier arborea) 8 TREELIST/PZTEXT/2000AD.TS/2200CDT.OFC/2270PRK.REC/TREES Hawthorns Large-Seeded Hawthorn (Crataegus flabellata) 5 Frosted Hawthorn (Crataegus pruinosa) 6 Round-Leaf Hawthorn (Crataegus chrysocarpa) 8 Compound Leaves Bladdernut (Staphylea trifolia) 7 Staghorn Sumac (Rhus typhina) 3 Paw Paw Paw Paw (Asimina triloba) 10 Dogwoods Pagoda Dogwood (Cornus alternifolia) 7 Viburnums Black Haw (Viburnum prunifolium) 4 Nannyberry (Viburnum lentago) 5 ENDNOTES ( 1) Young, Dick. Kane County Wild Plants and Natural Areas, 2nd Edition. Kane County, 1994 . rb- TREELIST/PZTEXT/2000AD.TS/2200CDT.OFC/2270PRK.REC/TREES 'Pk Figure 3. NONCONTRIBUTING TREES In order to protect the property values and to preserve an important part of the native heritage in Elgin, certain species of trees with a numerical quality rating of three or greater are required to be replaced. The following species of trees have a numerical quality rating of less than three and are not considered to be contributing trees to the City of Elgin ( 1) : Species Numerical Quality Rating Evergreens Scotch Pine (Pinus sylvestris) 1 Jack Pine (Pinus banksiana) 0 Poplars White Poplar (Populus alba) 0 Lombardy Poplar (Populus nigra) 0 Cottonwood (Populus deltoides) 2 Willows Crack Willow (Salix fragilis) 0 White Willow (Salix alba) 0 Weeping Willow (Salix alba tristis) 0 Olives and Buckthorns Russian Olive (Elaeagnus angustifolia) 0 Common Buckthorn (Rhamnus cathartica) -3 Glossy Buckthorn (Rhamnus frangula) -3 Dahurian Buckthorn (Rhamnus davurica) -1 Walnuts and Birches Paper Birch (Betula papyrifera) 2 Legumes Black Locust (Robinia psuedo-acacia) 2 Rose Acacia (Robinia hispida) 1 Red Oaks Pin Oak (Quercus palustris) 0 tow Elms, Hackberry, Linden and Catalpa Siberian Elm (Ulmus pumila) -1 NCTREES/PZTEXT/2000AD.TS/2200CDT.OFC/2270PRK.REC/TREES Catalpa (Catalpa speciosa) 0 Maples and Sycamore Norway Maple (Acer platanoides) -1 Silver Maple (Acer saccharinum) 1 Boxelder (Acer negundo) 0 Red Maple (Acer rubrum) 0 Miscellaneous Osage Orange (Maclura pomifera) 0 White Mulberry (Morus alba) 1 Tree of Heaven (Ailanthus altissima) 1 Ash Green Ash (Fraxinus pennsylvanica s. ) 2 Prickly Ash (Xanthoxylum americana) 1 Rose and Cherry European Mountain Ash (Pyrus baccata) 0 Apple (Pyrus malus) 1 Pear (Pyrus communis) 1 Choke Cherry (Prunus virginiana) 1 Black Cherry (Prunus serotina) 2 Mahaleb Cherry (Prunus mahaleb) 0 Wild Bird Cherry (Prunus padus) 0 Hawthorns Cockspur Hawthorn (Crataegus crusgalli) 1 Dotted Hawthorn (Crataegus punctata) 1 Red Haw (Crataegus mollis) 2 Scarlet Hawthorn (Crataegus coccinea) 2 Compound Leaves Smooth Sumac (Rhus glabra) 1 ENDNOTES ( 1) Young, Dick. Kane County Wild Plants and Natural Areas, 2nd Edition. Kane County, 1994 . t m. NCTREES/PZTEXT/2000AD.TS/2200CDT.OFC/2270PRK.REC/TREES Attachment C Proposed Tree Ordinance - Title 22 REVISION DRAFT December 2, 1996 Title 22 TREE ORDINANCE Chapters : 22 .05 General Provisions . 22 . 10 Landscaping. 22 . 15 Tree Selection, Planting, Maintenance, and Removal . 22 .20 Public Nuisances . 22 .25 Permits . 22 . 30 Administration and Enforcement. 22 . 35 Penalties and Appeals. 22 .40 Supplementary Regulations . fek TREEORD.010/PZTEXT/2000AD.TS/2200CDT.OFC/2270PRK.REC/TREES REVISION DRAFT December 2, 1996 Chapter 22.05 GENERAL PROVISIONS Sections : 22. 05 . 100 Short Title. 22 .05 .200 Supplementary Regulations . 22 .05 . 300 Purpose of Provisions . 22 . 05 .400 Applicability. 22.05. 100 SHORT TITLE. The ordinance codified in this title shall be known, cited, and referred to as the "Elgin Tree Ordinance" . 22.05.200 SUPPLEMENTARY REGULATIONS. Any word or phrase contained within this title followed by the symbol " (SR) " shall be subject to the definitions and the additional interpretive requirements provided in Chapter 22 .40, Supplementary Regulations. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. rah 22.05.300 PURPOSE OF PROVISIONS. The ordinance codified in this title is adopted for the following purposes : A. Promote the public health, safety, comfort, and general welfare. B. Encourage the conservation and enhancement of the City of Elgin' s urban forest. C. Establish standards and requirements to protect trees and forests during and after development activity, and to minimize tree loss due to development activity. D. Provide for the regulation of the selection, planting, maintenance, and removal of trees, shrubs, and other plant materials (SR) . E. Protect landowners and residents from personal injury and property damage, and protecting the City of Elgin from property damage. 22.05.400 APPLICABILTY. A. Jurisdiction. The provisions of this title, or any subsequent amendment hereto, shall apply to all land located within the City of Elgin. B. General Application. All trees, shrubs, and other plant materials located on a public right of way (SR) or on other public property (SR) ; located on private property and required to fulfill a street tree, screening, or tree replacement requirement; overhanging a public right of way or other public property; or creating •a hazard tothe public health, safety, comfort, and general welfare shall be subject to the provisions of this title. The tree conservation provisions of this title shall apply to all TREEORD.010/PZTEXT/2000AD.TS/2200CDT.OFC/2270PRK.REC/TREES REVISION DRAFT December 2, 1996 tow land which is subject to subdivision, and/or planned development review and approval by the City of Elgin C. Minimum Requirements . The application of the provisions of this title shall be considered the minimum requirements for the promotion of the public, health, safety, and general welfare. D. Other Laws and Regulations. The provisions of this title shall govern over less restrictive statutes, laws, ordinances, regulations, resolutions, and rules of any kind. E. Other Agreements . No provision of this title shall be construed to abrogate any easement, covenant, or other agreement. F. Public Utility Companies . Public utility companies shall not be exempted from the application of the provisions of this title. G. Severability. The terms and provisions of this title are intended to be severable. In the event any of the terms or provisions of this title are deemed to be void or otherwise unenforceable for any reason, the remaining terms and provisions of this title shall remain in full force and effect. H. Word Useage. The following rules of word useage shall apply to the text of this title: 1. The particular shall control the general. 2 . Words used or defined in one tense or form shall include other tenses or derivative forms. 3 . The word "shall" is always mandatory and not discretionary. The word "may" is permissive. 4 . The word "person" includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity. 5 . Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events connected by the conjunction "and" , "or", or "either. . .or", the conjunction shall be interpreted as follows : a. The conjunction "and" shall indicate that all the connected items, conditions, provisions, or events shall apply. b. The conjunction "or" shall indicate that the connected items, conditions, provisions, or events may apply singly or in any combination. c. The conjunction "either. . .or" shall indicate that the connected items, conditions, provisions, or events shall apply singly and not in combination. 6 . In the case ' of any difference of meaning or implication between the text of this title and any caption, illustration, summary table, or illustrative fewtable, the text shall control . 7 . Words not defined in this title shall be interpreted in accordance with the definitions contained within the most recently revised Webster's Dictionary. • TREEORD.010/PZTEXT/2000AD.TS/2200CDT.OFC/2270PRK.REC/TREES REVISION DRAFT December 2, 1996 r I. Measured Distances . All measured distances shall be along a straight line, shall be expressed in feet, and shall be to the nearest integral foot. J. Fractional Remainders . When a regulation in this title requiring a calculation results in a fractional remainder, any fraction of less than one half may be disregarded, while a fraction of one half or more shall be counted as the next integral unit, unless specifically provided for otherwise. • fek TREEORD.010PETEXT/2000AD.TS/2200CDT.OFC/2270PRK.REC/TREES REVISION DRAFT December 2, 1996 Chapter 22. 10 LANDSCAPING Sections : 22 . 10. 100 Tree Conservation. 22 . 10 . 200 Street Trees . 22.10.100 TREE CONSERVATION. A. Trees Generally. Isolated trees measuring four inches in diameter or larger at breast height (SR) , and wooded areas shall be preserved in the installation of . site improvements in subdivisions and in planned developments as provided for herein. Consideration ' shall be given to relocating trees with a numerical quality rating of three or greater, that are in conflict with development sites . In order to maintain tree density and canopy in new subdivisions and in planned developments, trees removed measuring four inches in diameter or larger, whether isolated or located in a wooded area, shall be replaced. In order to maintain the existing ecological diversity of the subdivision or planned development, the subdivider or developer shall be required to restore the diversity and numerical quality in designated areas of the subdivision or planned development. Numerical quality shall be determined by the scoring system defined in "Wild Plants and Natural Areas of Kane County" by Young or "Plants of the Chicago Region" by Swink and Wilhelm. Where it is demonstrated to the satisfaction of the City Forester that replacement of the required trees cannot be fully attained on-site, all or part of the required number of replacement trees shall be planted off-site in accordance with the following priorities : 1. In a public right of way or a tree easement adjoining a public right of way. 2. On public parks and open space. 3. On private parks and open space accessible to the public. 4. On private open space not accessible to the public. B. Tree Replacement. Trees removed measuring four inches , in diameter or larger, whether isolated or located within a wooded area, shall be replaced with new trees each of which shall have a minimum diameter of two and one-half inches . The total aggregate diameter of the replacement trees shall equal or exceed the diameter of the trees so removed. TREEORD.010/PZTEXT/2000AD.TS/2200CDT.OFC/2270PRK.REC/TREES REVISION DRAFT December 2, 1996 22. 10.200 STREET TREES. A. Street Trees - Required in New Subdivisions . and Planned Developments. Street trees shall be planted along both sides of all streets in new subdivisions and planned developments in accordance with approved landscape plans and specifications. Trees shall either be massed or be spaced evenly along the street, or both. When trees are spaced evenly along the street, spacing shall depend on tree size, as follows : Mature Tree Height Planting Interval (in feet) (in feet) Large trees(40 '+) (SR) 40 ' - 60 ' apart Medium trees(30 ' - 40 ' ) (SR) 30 '- 50 ' apart Small trees (to 30 ' ) (SR) 20 ' - 40 ' apart Trees shall be planted so as to not interfere with utilities, roadways, sidewalks, line of sight control areas' (SR) , street signs, and street lights. Street tree location, landscaping design, and a spacing plan shall be approved by the City Council as part of a subdivision or planned development approval. B. Tree Survey and Landscape Plan. Preliminary engineering plans and specifications submitted in support of a subdivision or planned development plan shall include a tree survey locating and identifying the type and condition of all trees measuring four inches in diameter or larger at breast height, and the furthest extent of the drip line of any wooded areas within the development site. The tree survey shall be prepared under the supervision of a International Society of Aboriculture (ISA) certified arborist. The preliminary engineering plans and specifications shall include a landscape plan showing the size, type, and location of street trees; and shall include specifications for tree selection, planting, and maintenance. In addition, the landscape plan shall locate and describe landscaped entryway signs; screening treatment on double frontage lots (SR) ; and landscaping of stormwater detention facilities and areas designated for replacement of trees removed as the result of the subdivision or planned development plan. The approved landscape plan and specifications shall be attached to and made a part of the final engineering plans and specifications . C. Location Standards. New street trees are prohibited in the following locations : rh- 1 . Intersections . New street trees are prohibited from being planted within the following minimum distances to intersections of streets, alleys, and driveways: a. Alley, near side (SR) 20 ' - 0" TREEORD. 010/PZTEXT/20OOAD.TS/2200CDT.OFC/2270PRK.REC/TREES REVISION DRAFT December 2, 1996 low b. Alley, far side (SR) 10 ' - 0" c. Driveway (ind/com) , near side 20 ' - 0" d. Driveway (ind/com) , far side 10 ' - 0" e. Driveway (res) , near/far sides 10 ' - 0" f. Street, near side 30 ' - 0" g. Street, far side 20 ' - 0" h. Street (median) , near/far sides 30 ' - 0" 2. Sidewalks, Curbs, Utilities, and other Structures. New street trees are prohibited from being planted within the following minimum distances to sidewalks, curbs, utilities, and other structures : a. Buildings spreading trees (SR) 15 '- 0" global/pyramidal trees (SR) 12 ' - 0" columnar/fastigiate trees (SR) 9 ' - 0" b. Building exits 10 ' - 0" c. Courtesy walks 3 ' - 0" d. Curbs (measured from vertical face) 3 ' - 0" e. Fire escapes 10 ' - 0" f . Fire hydrants 5 ' - 0" g. Manholes and catchbasins 5 ' - 0" h. Pedestrian lights (max. 15 ' ht. ) spreading trees 15 ' - 0" global/pyramid trees 15 ' - 0" columnar/fastigiate trees 10 '- 0" i. Pedestrian overpasses and tunnels 25 '- 0" j . Railroads (with approval within 100 ' )50 '- 0" k. Sidewalks 3 ' - 0" 1 . Street lights spreading trees 25 ' - 0" global/pyramidal trees 20 ' - 0" columnar/fastigiate trees 15 ' - 0" m. Trees (existing) spreading trees 25 ' - 0" global/pyramidal trees 20 ' - 0" columnar/fastigiate trees 20 ' - 0" n. Utility boxes 10 ' - 0" o. Viaducts 50 ' - 0" p. Wall hydrants, standpipes, or siamese connections 10 ' - 0" q. Other structures 30 '- 0" 3 . Longitudinal Tree Spacing (SR) . Street trees shall be spaced the following minimum distances from trees of similar form: Spreading form trees 25 ' - 0" Global/pyramidal form trees 20 ' - 0" Columnar/fastigiate form trees 15 ' - 0" 4 . Lateral Tree Spacing (SR) . Streettrees shall be spaced the following minimum distances from the lateral edge of the treebank (SR) area: a. No street tree shall be planted in the treebank more than 10 ' - 0" from the right of TREEORD. 010/PZTEXT/2000AD.TS/2200CDT.OFC/2270PRK.REC/TREES 1 REVISION DRAFT December 2, 1996 way line of a collector street (SR) or an arterial street (SR) . b. Street trees shall be planted aa close as possible to the lateral center of the treebank, except where permitted to accomodate future widening of the street. c. Street trees shall be planted as close as possible to the lateral center of medians, except where the landscape plan calls for more than one row of trees . Street trees planted in medians shall be planted a minimum of 5 ' - 0" from the vertical face of the curb. d. The following treebank elements shall have the following minimum widths in order to accomodate street trees : Sidewalk (trees in pits) 9 ' - 0" edian 10' - 0" reebank (grassed portion only) 6 ' - 0" Sidewalk 5 ' - 0" tow TREEORD.010/PZTEXT/2000AD.TS/2200CDT.OFC/2270PRK.REC/TREES REVISION DRAFT December 2, 1996 Chapter 22. 15 TREE SELECTION, PLANTING, MAINTENANCE, AND REMOVAL Sections: 22. 15. 100 Tree Selection. 22. 15.200 Tree Planting. 22 . 15 . 300 Tree Maintenance. 22 . 15.400 Tree Removal/Pruning. 22 . 15 .500 Certification. 22. 15 . 600 Insurance. 22. 15. 100 TREE SELECTION. A. Plant Materials - Generally. Trees, shrubs, and other plant materials installed as part of an approved site development plan, subdivision or planned development shall meet the standards of the "American Standard for Nursery Stock" , ANSI Z60. 1-1990, American Association of Nurserymen, most recent edition. Plants shall meet all requirements of federal, state, and local law with respect to plant type, labeling, nursery or plant inspection, disease, insect, and other pest eft- infestation, and other requirements. Plants shall be high quality nursery grown stock. No substandard "B Grade" or "Park Grade" plants shall be acceptable. Plants shall have been grown in a climate similar to the City of Elgin's climate (Zone 5 - U. S. Department of Agriculture Hardiness Map) . No plant from a warmer climate shall be acceptable. Plants shall be in a healthy, vigorous condition, free of dead or broken branches, scars that are not completely healed, frost cracks, disfiguring knots, or broken or abraded bark. Plants shall have a full, even, and well developed branching; and a dense, fibrous, and vigorous root system. B. Plant Materials - Size. At the time of installation, plant materials shall meet or exceed the following minimum size requirements: 1. Shade Trees. At the time of installation, required shade trees (SR) shall measure not less than two and one-half inches in diameter, measured six inches above the ground, nor less than ten feet in height. Shade trees shall be delivered balled-and-burlapped. 2. Evergreen and Ornamental Trees. At the time of installation, required ornamental trees (SR) shall measure not less than two inches in diameter, measured six inches above the ground. Required (SR) evergreen trees shall measure not less than six feet in height. Evergreen and ornamental trees shall be delivered balled-and-burlapped. TREEORD. 010/PZTEXT/2000AD.TS/2200CDT.OFC/2270PRK.REC/TREES REVISION DRAFT December 2, 1996 3. Shrubs. At the time of installation, required deciduous shrubs (SR) shall measure not less than 24 inches in height, and required -Lconiferous shrubs shall measure not less than 18 inches in height, except as may be specifically provided otherwise. Shrubs shall be delivered balled-and-burlapped or in containers. Container plants shall have been established for a minimum of one growing season in their containers before installation. 22. 15.200 TREE PLANTING. Trees, shrubs, and other plant materials planted in the public right of way or on any other public property; or specified on a landscape plan approved as an element of a subdivision or planned development, shall be planted, fertilized, staked, pruned, watered, and mulched in accordance with specifications issued by the City Forester. Unless funded as part of a City tree planting program, the cost of planting said trees, shrubs, or other plant materials shall be the responsibility of the developer or adjacent landowner undertaking such activity. 22. 15.3 TREE MAINTENANCE. rft- Tues, shrubs, and other plant materials planted in the public right of way in accordance with a landscape plan approved as an eisment of a subdivision or planned development shall be maintabmd by the subdivider or developer of property adjoining the p :ic right of way prior to the date of City Council acceptmme of the public improvements, except as may be provided otherwise- Maintenance includes weeding, mowing, trimming, edging, mmItivation, reseeding, plant replacement, fertilizing, spraying' pest and insect control, and watering. Tie subdivider or developer shall further guarantee the replaceent of dead or dying trees, shrubs, or other plant materials planted in a public right of way for a period of three years flowing the date of City Council acceptance of the public improvements. The guarantee shall be in the form of a writtesindemnification agreement provided by the City and shall be erased by the subdivider or developer prior to the City Councit:acceptance of the public improvements . 22.15400 TREE REMOVAL/PRUNING. 1. Tree Removal — Guidelines. The City Forester shall use the following guidelines when considering a request to remove a tree, shrub, or other plant material tram the public right of way: L. The tree, shrub, or other plant material is dead rowor dying, or is creating a hazard condition. Z:. The tree, shrub, or other plant material is infested with a disease or insect which threatens the survivability of adjacent trees, shrubs, or other plant materials. TREEORD.OI0i?EXTfZOOOAD.TS/2200CDT.OFC/2270PRK.REC/TREES REVISION DRAFT December 2, 1996 3 . The tree, shrub, or other plant material is an undesirable species . 4 . The tree, shrub, or other plant material stands in the way of necessary land improvements and all possibilities for preservation have been exhausted. 5 . A landscape plan has been submitted indicating the location, type, and size of replacement trees, shrubs, or other plant materials . Replacement trees shall be planted in accordance with the standards contained in Section 22. 10. 100 Tree Conservation. B. Tree Pruning - Guidelines. The City Forester shall use the following guidelines when considering a request to prune trees, shrubs, and other plant materials located on the public right of way: 1. Pruning will improve the health of the tree, shrub, or other plant material. 2 . Pruning will provide branch clearance over sidewalks, streets, and other public ways . 3. Pruning will provide branch clearance from traffic signals, traffic signs, or street lights. 4 . Pruning will remove dead and dangerous limbs. 5. Pruning will clear limbs from roof tops, gutters, rb. and awnings. 6 . Pruning will provide safe clearance from public utility poles, lines, and other appurtenances . 7 . Pruning may be performed in some cases to promote sunlight penetration and bird abatement. At no time shall more than 15 percent of the tree crown be removed. 8 . All pruning shall follow National Arborist Association standards for Class II - Standard Pruning, unless other procedures are necessary. C. Tree Removal/Pruning - Cost. The cost of removing or pruning trees, shrubs, or other plant materials located in the public right of way shall be borne by the landowner of adjacent property applying for approval for such removal or pruning, unless the tree, shrub, or other plant material is being removed or pruned because it is dead or dying, constitutes a hazard, or the work is being performed as part of a City maintenance program. 22. 15.500 CERTIFICATION. It is unlawful for any person or firm to plant, remove, or prune trees, shrubs, or other plant materials located in the public right of way or on any other public property unless under the supervision of a International Society of Aboriculture (ISA) elk certified arborist. 22. 15.600 INSURANCE. It is unlawful for any person or firm to remove or prune trees, shrubs, or other plant materials located in the public TREEORD.010/PZTEXT/2000AD.TS/2200CDT.OFC/2270PRK.REC/TREES M REVISION DRAFT December 2, 1996 foom- right of way or on any other public property prior to obtaining liability insurance, including bodily injury and property damage, with limits not less than $300, 000. 00 per person - and $1,000,000 .00 per occurence for personal injuries and $100,000 .00 for property damage. The certificate of insurance shall be issued by a liability insurance company licensed to do business in the State of Illinois. The certificate of insurance shall name the City as an additional insured. • TREEORD.010/PZTEXT/2000AD.TS/2200CDT.OFC/2270PRK.REC/TREES REVISION DRAFT December 2 , 1996 Chapter 22.20 PUBLIC NUISANCES Sections : 22 .20 . 100 Obstructions on Public Property. 22 .20 . 200 Nuisance Abatement. 22.20. 100 OBSTRUCTIONS ON PUBLIC PROPERTY. The owner or person in control of property adjacent to any public right of way shall be responsible for pruning and ' maintaining trees, shrubs, and other plant materials located on the property in their ownership or control in such a manner that they will not obstruct or shade street lights; obstruct the passage of pedestrians and vehicles using sidewalks and streets, or other public ways; obstruct traffic control signs ; or obstruct line of sight control areas . 22.20.200 NUISANCE ABATEMENT. The owner or person in control of property on which trees, shrubs , or other plant materials are located, which are determined to be a public nuisance, shall be responsible for eft. pruning, maintaining, or removing such materials to abate the nuisance condition. The following conditions are hereby declared public nuisances under this ordinance: A. Any tree, shrub, or other plant material which harbors insects or diseases which reasonably may be expected to injure or harm other trees, shrubs, or other plant materials . B. Any tree, shrub, or other plant material which by reason of its location or condition constitutes an imminent danger to the health, safety, or welfare of the general public. C. Any tree, shrub, or other plant material which obstructs the use of public property. D. Any tree, shrub, or other plant material which obstructs street lights , traffic control signs, or line of sight control areas . Chapter 22.25 PERMITS Sections : 22 . 25 . 100 Permit Required. 22 .25 .200 Landscape Plan. 22 . 25 . 300 Standards . em. 22.25 . 100 PERMIT REQUIRED. It is unlawful to plant, prune, or remove any tree, shrub, or other plant material in any public right of way without having first secured a permit from the City Forester. A landscape plan shall be submitted along with any application to TREEORD. 020/PZTEXT/2000AD.TS/2200CDT.OFC/2270PRK.REC/TREES REVISION DRAFT December 2, 1996 plant or remove any tree, shrub, or other plant material in any public right of way. 22.25.200 LANDSCAPE PLAN. No trees, shrubs, or other plant materials shall be planted or removed in any public right of way prior to the submission and approval of a landscape plan. The landscape plan shall be reviewed by the City Forester. The landscape plan shall be a scale drawing or contain distance measurements with sufficient detail to document conformance with the requirements of this title. The landscape plan shall contain the following: A. Subdivision/planned development name or common address. B. Name, address, and telephone number of preparer of the landscape plan. C. Notation of scale (no smaller than 1" = 40 ' - 0" ) . D. Drawing orientation ( indicated by conventional north arrow) . E. Property lines, easements, and street frontage with dimensions shown. F. Line of sight control areas at intersections, and at alley and driveway curb cuts . G. Location of existing or proposed street lights, fire hydrants, sidewalks, and curb lines . H. Location and dimensions of the landscape area; common name and size of all trees, shrubs, or other plant materials to be planted or removed within the landscape area; and the location of any other pertinent landscape features . I . Indicate estimated time of planting. J. Indicate the street traffic direction using two-way or one-way arrows . K. A certified statement signed by the applicant committing to the maintenance of required landscaping in the following form: The undersigned acknowledges that the landscape planting shown on this landscape plan for the property at (subdivision/ planned development name or common street address) , Elgin, Illinois (zip code) has to the best of the undersigned applicant' s knowledge, been designed and will be installed, maintained, and replaced, by current and subsequent owners in accordance with the requirements of the Elgin Tree Ordinance. • Name 22.25. 300 STANDARDS. • The City Forester shall issue a permit to plant, prune, or remove any tree, shrub, or other plant material upon finding that the request meets the provisions of Section 22 . 15 .400 Tree Removal/Pruning; or the provisions of Section 22 . 10 . 200 Street TREEORD. 020/PZTEXT/2000AD.TS/2200CDT.OFC/2270PRK.REC/TREES REVISION DRAFT December 2, 1996 Trees and Section 22 .25 . 200 Landscape Plan. A request to plant a tree, shrub, or other plant material in a public right of way shall also be reviewed with respect to the following-additional criteria: 1 . A species that is long lived. 2 . A species that is native to the area. • 3 . The hardiness of the tree, including but not limited to, wind firmness , climate requirements, and the characteristics of the soil . • 4 . A species with a good aesthetic value, including autumnal coloration, flower and fruit types, and tree shape. 5 . A low incidence of exfoliating bark, branch drop, and pruning. 6 . The protection of buildings from wind, sun, and other climatic considerations . 7 . The encouragement of wildlife residence. 8 . The suitability of size at maturity to the tree' s function. 9 . The ability to retain soil and control erosion. 10 . The ability to reduce noise. 11 . The species is not susceptible to insect or disease attack, or to air or water pollution. emik 12 . The plant material does not exhibit signs ofdisease, rot, or other damage. TREEORD. 020/PZTEXT/2000AD.TS/2200CDT.OFC/2270PRK.REC/TREES .Q REVISION DRAFT December 2, 1996 Chapter 22.30 ADMINISTRATION AND ENFORCEMENT Sections : 22 . 30 . 100 City Forester. 22.30. 100 CITY FORESTER. A. Established. The City Forester shall be the Director of the Parks and Recreation Department or the Director' s designee. B. Powers and Duties. The City Forester shall have the following powers and duties with respect to the administration and enforcement of Chapter 22 . 10, Landscaping, Chapter 22 . 15, Tree Selection, Planting, Maintenance, and Removal, and Chapter 22 .25, Permits : 1 . Review of tree surveys and landscape plans submitted with applications for subdivision or planned development approval; and review and approval of permit applications to plant, prune, or remove trees , shrubs, or other plant materials in any public right of way. 2 . Notify and consult with the Department of Public Works and the Department of Code Administration and Neighborhood Affairs on matters involving obstructions on public property and nuisance abatement. 3 . Establish any reasonable rules and procedures not otherwise established by this code that are deemed necessary for implementing the powers and duties of this section. 4 . Maintain current and permanent records of the subject of this section. 5 . Provide written approval or denial of permit applications as provided in this title within 30 days of any such application. Any act to deny a permit application shall include a statement of the reason or reasons for such action. TREEORD.020/PZTEXT/2000AD.TS/2200CDT.OFC/2270PRK.REC/TREES REVISION DRAFT December 2, 1996 Chapter 22. 35 PENALTIES AND APPEALS Sections : 22. 35 . 100 Penalties . 22 . 35 . 200 Appeals . 22.35. 100 PENALTIES Any person who violates any provision of this title, upon being found guilty of a violation, shall be subject to a fine of not less than $50. 00 nor more than $500 . 00 for each separate offense. Each day during which any violation of the provisions of this title shall occur or continue shall be a separate offense. If, as a result of the violation of any provision of this title, the injury, mutilation, or death of a tree, shrub, or other plant located on city-owned property is caused, the cost of repair or replacement of such tree, shrub, or other plant material shall be borne by the party in violation, in addition to other fines and penalties which may be provided by law. The replacement value of trees and shrubs shall be determined in accordance with the latest revision of "A Guide to eft' the Professional Evaluation of Landscape Trees, Specimen Shrubs, and Evergreens" , as published by the International Society of Arboriculture. 22. 35.200 APPEALS. A. Authority. The Parks and Recreation Board is authorized to hear appeals of permit denials as provided herein, and to authorize the granting of such permits . The granting of such permits may be conditioned upon the performance of such terms and conditions not in conflict with the requirements of this title as may be reasonable. The board shall adopt rules and procedures governing the conduct of meetings at which appeals are to be considered. Such rules and procedures shall include and provide for, but not be limited to, the recording of any appeal hearing and written notification of any appeal decision in writing within 30 days of any such appeal hearing, which written notification shall include a recitation of the reasons for any appeal decision and findings of fact . B. Application. An appeal may be taken to the Parks and Recreation Board by any person agrieved by a denial of a permit as provided for pursuant to this title. A written notice of appeal shall be filed with the board within 30 days of any such permit application denial . C. Hearing Required. The Parks and Recreation Board shall "'' hear an appeal at the earliest regularly scheduled meeting, shall give notice thereof to the parties, and shall render a decision without unreasonable delay. No hearingshall be conducted unless the parties to the appeal recieve at least seventy-two hours notice of the TREEORD. 020/PZTEXT/2000AD.TS/2200CDT.OFC/2270PRK.REC/TREES N REVISION DRAFT tow December 2 , 1996 hearing. Any party to the proceeding may appear and testify at the hearing, either in person, by writing, or by authorized agent or attorney. D. Decision. The Parks and Recreation Board may reverse or amend the permit denial appealed to the extent that the board may decide to be -fitting and proper. The board shall set forth in writing their findings and decision. The decision of the board shall be final . row • eft. TREEORD. 020/PZTEXT/2000AD.TS/2200CDT.OFC/2270PRK.REC/TREES REVISION DRAFT December 2, 1996 few Chapter 22.40 SUPPLEMENTARY REGULATIONS Sections: 22 .40 . 005 Purpose and Intent. 22 .40.010 Supplementary Regulation - Generally. 22 .40 .015 Arterial Street. 22.40. 020 Collector Street. 22 .40 .025 Columnar Tree. 22 .40 .030 Diameter at Breast Height. 22 .40 .035 Double Frontage Lot. 22.40. 040 Evergreen Tree. 22 .40.045 Far Side. 22 .40 . 050 Fastigiate Tree. 22 .40 .055 Global Tree. 22 . 40. 060 Large Tree. 22 .40. 065 Lateral Tree Spacing. 22 .40 .070 Line of Sight Control Area. 22 .40.075 Longitudinal Tree Spacing. 22 . 40. 080 Medium Tree. 22 . 40. 085 Near Side. 22 .40.090 Ornamental Tree. emw 22 .40 .095 Public Property. 22 . 40. 100 Public Right of Way. 22. 40. 105 Pyramidal Tree. 22 .40 . 110 Shade Tree. 22 .40 . 115 Shrub. • 22 .40. 120 Small Tree. 22 .40. 125 Spreading Tree. 22 .40 . 130 Treebank. 22 .40 . 135 Trees, Shrubs, and Other Plant Materials . 22.40.005 PURPOSE AND INTENT. The purpose and intent of the provisions for supplementary regulations is to provide definitions and additional interpretive requirements for the words and terms used in this chapter and title. 22.40.010 SUPPLEMENTARY REGULATIONS - GENERALLY. Any word or phrase contained within this chapter and title followed by the symbol " (SR) " shall be subject to the definitions and the additional interpretive requirements provided in this chapter. The exclusion of such symbol shall not exempt such word or phrase from the applicable supplementary regulation. 22.40.015 ARTERIAL STREET. "Arterial Street" shall mean a street which collects and few distributes traffic to and from collector streets, and is contained within a minimum 80 ' right of way. TREEORD.030/PZTEXT/2000AD.TS/2200CDT.OFC/2270PRK.REC/TREES REVISION DRAFT December 2, 1996 i 22.40.020 COLLECTOR STREET. "Collector Street" shall mean a street which collects traffic from local streets and connects with arterial streets, and is contained within a minimum 70 ' right of way. 22.40.025 COLUMNAR TREE. "Columnar Tree" shall mean a narrow, upright tree form. 22.40.030 DIAMETER AT BREAST HEIGHT. "Diameter at Breast Height" shall mean the diameter of a tree measured at breast height, four and one-half feet above grade. 22.40.035 DOUBLE FRONTAGE LOT. "Double Frontage Lot" shall mean a lot that fronts upon two parallel streets or that fronts upon two streets that do not intersect at the boundaries of the lot. 22.40.040 EVERGREEN TREE. "Evergreen Tree" shall mean a tree having foliage that persists and remains green throughout the year. 22.40.045 FAR SIDE. "Far Side" shall mean a relative term, dependent upon traffic direction, referring to that part of an intersection across (on the far side of) the intersecting street, alley, or driveway from the driver's point of view. 22.40.050 FASTIGIATE TREE. "Fastigiate Tree" shall mean a narrow, upright tree form. 22.40.055 GLOBAL TREE. "Global Tree" shall mean a rounded, spherical tree form. 22.40.060 LARGE TREE. "Large Tree" shall mean a shade tree reaching more than 40 feet in height at maturity. 22.40.065 LATERAL TREE SPACING. "Lateral Tree Spacing" shall mean the location of a tree in the treebank area or median, measured perpendicular to the curbline of a street and to the right of way line. 22.40.070 LINE OF SIGHT CONTROL AREA. ae of Sight Control Area" shall mean a triangular shaped \ stablished at a street intersection, or at the :tion of an alley or a driveway with a street, in which is erected, placed, planted, or allowed to grow in such as to limit or obstruct the sight distance of motorists r or leaving the intersection. .N \\\\D30/PZTEXT/2000AD.TS/2200CDT.OFC/2270PRK.REC/TREES Attachment D Letters from Interested Groups rbk : 2:1 /1" 2aa ar i ASSOCIATION Gifford Park Association • P.O. Box 928 • Elgin,IL 60121 February 21, 1997 Mayor Kevin Kelly City of Elgin 150 Dexter Court Elgin, IL 60120 • RE: Tree Ordinance Dear Mayor Kelly: The City of Elgin has completed an admirable act of public stewardship,responsibility and foresight: that being the drafting of the city-wide Tree Ordinance,and in so doing formally acknowledges the importance of trees,shrubs and other plant materials as natural assets within the community. Under the authorship of Mr. Thomas Armstrong,Principal Planner,the Revision Draft dated December 2, 1996, brought forth by the Parks and Recreation Board, presents a cohesive document which provides for the careful management of our urban forest and promulgates a no-net-loss policy with respect to the existing tree canopy. In order that the intent of the proposed Tree Ordinance be uncompromisingly served,the provisions which guide the conservation and enhancement of the City of Elgin's urban forest would need to apply to significant future development. Developers of commercial, industrial and multi-family projects ought not to be excluded from the requirements of this ordinance. Unless at their sole election to either utilize a planned development process or to engage in the subdivision of land, developers would enjoy such exclusion from the applicability of this ordinance. To implement a no-net-loss policy at the exclusion of all land developed in conformance with standard Zoning Ordinance requirements would yield neither a uniform nor complete public benefit. The Gifford Park Association therefore supports vigorously the full application of the provisions of the Tree Ordinance to all land use development of commercial,industrial and multi-family(projects containing three or more dwelling units). Only with the adoption of comprehensive applicability do we believe that the full advantage of this ordinance can be realized for the betterment of our environment and the improvement to our city's image. Respectfully yours, Brian D. Anderson Vice-President c: Thomas Armstrong,Planning Department Roger Dieringer,Izaak Walton League I Izaak Walton League of America • incorporated Elgin Chapter 899 Jay Street * P.O. Box 622 Elgin, Il. 60120-0622 (847) 742-8953 FAX (847) 741-9480 Dear Mr. Mayor and City Council, • As you know from our recent correspondence to you we are heartened by the fact that the Elgin Parks and Recreation Board has submitted a final draft of the Tree Ordinance to you for enactment. However, having stated our satisfaction with this, Elgin's chapter of the Izaak Walton League would be remiss were we to leave you with the impression that the Tree Ordinance is one that our membership wholly endorses at this time. Where no one in our local chapter expects that the tree ordinance would ever be perfect in everyone's eyes, there remains one issue upon which we cannot and believe our citizens are not willing to compromise: Where the Tree Ordinance applies to all public property, that is our streets, thoroughfares and public parks; and, where the ordinance applies to all new subdivisions and planned unit developments; it does not, however, as yet, apply to commercial property. We humbly submit that where the utility companies and developers of subdivisions and planned unit developments must abide by the ordinance.., commercial developers should be required to abide by the ordinance as well. Elgin's Tree Ordinance must be made to apply to commercial property: Therefore, we respectfully recommend the following changes (In bold italics) to the current draft of the Tree Ordinance: That, Section 22.05.400 APPLICABILITY.., be changed to read; A. -Jurisdiction. The provisions of this title..., B. General Application. All trees, shrubs, and other plant materials..., shall be subject to this title. The tree conservation provisions of this title shall apply to all land which is subject to subdivision, planned unit development, commercial and/or industrial development review and approval by the City of Elgin. C. Minimum Requirements. The application of the provisions of.., Section 22.10.100 TREE CONSERVATION.., be changed to read; A. Trees Generally. Isolated trees measuring four inches in diameter or larger at breast height (SR), and wooded areas shall be preserved in the installation of site improvements in subdivisions, planned unit developments, commercial and/or industrial developments as provided herein. Consideration shall be given ..., We believe that the essential aim of this ordinance must be to establish a"No Net Loss" policy throughout our community. We have engaged in this struggle along side the Parks and Recreation Department and the Board in an effort to establish a policy which provides for the full replacement of significant trees within the municipal boundaries of our community. Gone must be the days when we allow the clear cutting of free standing forests anywhere in our community without a plan to replace those forests. Elgin's Chapter of the Izaak Walton League believes that the clear cutting of trees without their replacement offends our community's enlightened notions of conservation. Again, we salute the Parks and Recreation Board's establishment of a"No Net Loss" policy with respect to subdivisions and planned unit developments, however, we respectfully recommend that the Tree Ordinance be made to apply to commercial property as well. Additionally, we respectfully request that the Tree Ordinance be submitted to a sixty (60) day hearing for public review. Sixty days, we feel, will be necessary for the various community organizations such as Elgin's Heritage and Image Commissions, Elgin Proud and Beautiful, the various environmental and neighborhood groups, realtors, developers, the tree services and any other organization(s) or persons who may be affected by this ordinance to offer their comments to you. We recommend that the Tree Ordinance come to the City Council for enactment only after those citizens who choose to comment on the ordinance have been allowed to do so. Most respectfully, E.11^- C31/'2AA4 Roger Dieringer President of the Izaak Walton League of America- Elgin Chapter • . . :. 41 • v ii,• v G OW . . • an Nu - 0 , , . . I 1 .,,. .i,... !,_,..6, . ....t„. t7 , • , • , , - , HH : ' 8 _0, .. . . ) A P44,,,,O,c ,.., 94, 2 . May 5, 1997 . 4-NZ.0`44.6/4, 0) 4 0 Mayor Kevin Kelly& Members of the Elgin City Council - ,.. , 150 Dexter Court - Elgin, Illinois 60120 - • , . , Dear City Council, • . . • . 1 . ' . We are writing in regard to the proposed Tree Ordinance currently being developed for the city of Elgin. . ' • . , . It is the feeling of the North East Neighborhood Association board that the proposal needs lc • to apply to all new development,that is, commercial as well as residential. There are other matters of concern regarding our tree program: We find it disturbing that many of the new trees which have been planted in the past few years have met with . untimely deaths because of faulty planting techniques. The waste of time, money and live . . . , plant material does not reflect well on our status as a "Tree City". Additonally, the , 'pruning techinques which have been observed on many. trees have created some grotesque specimens(this problem does not only occur with utilities'pruning, but with the general city-wide pruning). We would also like to see a policy developed concering areas under construction, where mature trees can be saved and relocated to parks or tree banks within ' ! the city rather than be destroyed. . •-.. Elgin needs to do all that is possible to insure a balanced forestry policy for the present and with foresight for the future of our community. The blosomming trees on Grove , Avenue make a wonderful presentation of the pride Elginites want to feel. It is hoped that the council will take serious consideration regarding these matters in creating the Tree Ordinance. • . • , . .... Sincerely, . . • ..— ...._ . ?.. ' P-1.t. Buttell President,NENA • 1 . . . . NorthEast Neighborhood Association • P.O. Box 1446. • Elgin, Illinois 60121 f •