G12-13 1s
Ordinance No. G12-13
AN ORDINANCE
AMENDING TITLE 19 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
TO PROVIDE FOR A NEW CHAPTER REGARDING TREE PRESERVATION
WHEREAS, the City of Elgin has been recognized for its forested environment, which
environment is an essential part of the character of the City; and
WHEREAS, the presence of trees in the City improves air quality, conserves energy,
provides wildlife habitat, reduces soil erosion, enhances storm water detention and drainage, and
preserves and enhances property values in the City and its environs; and
WHEREAS, the preservation and protection of trees, both on private as well as publicly
owned lands, positively affects both the quality of life and the general welfare of the City; and
WHEREAS, the protection and preservation of mature trees in the City is important in
defining the character of the City; and
WHEREAS, the City Council of the City of Elgin has reviewed the proposed tree
preservation regulations for the City and finds that the proposed regulations will benefit the
public health, safety, and welfare;
WHEREAS, the City Council has determined that it is in the best interests of the City and
the public to amend the Elgin Municipal Code, 1976, as amended, to provide for tree
preservation, as set forth in this Ordinance; and
WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise
any power and perform any function pertaining to its government and affairs; and
WHEREAS, the preservation of trees as provided for in this Ordinance which will benefit
the public health, safety and welfare of the City of Elgin pertains to the government and affairs
of the City of Elgin; and
WHEREAS, the Planning and Zoning Commission has held a public hearing on the
proposed amendment to the city's zoning ordinance to provide for a tree preservation ordinance
and has submitted its written findings of fact and recommendation to the City Council
recommending adoption of the ordinance.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Elgin as
follows:
Section 1. Recitals. The facts and statements contained in the preambles to this
Ordinance are found to be true and correct and are hereby adopted as part of this Ordinance.
Section 2. Adoption. That Title 19 of the Elgin Municipal Code, 1976, as amended,
entitled"Zoning," be and is hereby further amended adding a new Chapter 19.16 thereto entitled
"Tree Preservation" to read as follows:
"TREE PRESERVATION
19.16.010: PURPOSE:
The preservation, protection, and replacement of trees under the chapter is intended to
accomplish the following benefits:
A. Protect and enhance the quality of life and the general welfare of the City and its
residents, and conserve and enhance the City's physical and aesthetic environment, by
(i)reducing energy consumption through summer shade and protection from winter wind,
(ii) providing a buffer and screen against noise, light, and pollution, and (iii) reducing air
pollution through the removal of harmful carbon dioxide and the generation of oxygen;
B. Protect and increase property values in a manner that maintains each property owner's
enjoyment of his or her property;
C. Recognize and maintain the historic significance and natural heritage of the City;
D. Protect and enhance the natural environment by providing habitat and food that are
essential for wildlife, including migratory and nesting birds, and to sustain them and the
many benefits they provide, including control of disease-carrying insects;
E. Stabilize topsoil by preventing or minimizing soil erosion and sedimentation;
F. Restore, to the greatest extent possible, the denuded soil that results from construction
and grading work accompanying development;
G. Assist in controlling storm water runoff;
H. Protect existing healthy trees during the course of construction and development;
I. Protect the important link in the hydrologic cycle that trees provide to the transpiring of
water and the neutralization of waste that pass through to the groundwater table and other
aquifers.
19.16.020: DEFINITIONS:
For the purposes of this chapter, the following terms, phrases, words, and their derivations shall
have the meaning given in this Section. When not inconsistent with the context, words used in
the present tense include the future or past tense, and words in the singular include the plural.
Words not defined in this Section shall have their usual and customary meaning.
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Building Activity Area. That buildable area of a lot or parcel in which construction and building
activities occur, which shall be the smallest practical area of a lot or parcel to be determined with
the objective of preserving trees.
Certified Arborist. An individual who is trained in the art and science of planting, caring for and
maintaining individual trees and is certified by the International Society of Arboriculture (ISA),
the National Arborist Association (NAA) or the American Society of Consulting Arborists
(ASCA). For the purposes of this ordinance, the certified arborist would be the choice of the
City of Elgin, whose services would be paid for by the party responsible for the project.
Condition Rating. Rating system used to determine the health and overall condition of a tree on
a 6-point scale, with a rating of 1 being the best and 6 the worst.
Construction Activity. All new planned developments and subdivisions in the City of Elgin or
any manmade change to improved or unimproved property including, but not limited to, the
construction, addition, alteration, or replacement of buildings or structures, excavation, fill,
grading, paving, underground irrigation, or utility work on a property.
Critical Root Zone (CRZ). The area of the ground near or beneath a tree having its point of
beginning at the center of the trunk of the tree, and having a radius equal to one foot of radius for
every one inch of tree DBH.
Crown. Parts of a tree above the trunk including leaves, branches and scaffolds.
Damage. Any direct or indirect action that causes, or is reasonably likely to cause, the death or
substantial destruction of a tree or a significant loss of a tree's structural integrity including,
without limitation, destruction, poisoning, carving, mutilating, girdling, severing the main trunk,
leader, or large branches or roots, removing any portion of the bark from the main trunk, leader,
or large branches, touching with live wires, attach any object or structure, crushing or exposing
the roots, digging or drilling any hole or trench within the root zone, filling with soil or other
materials within the root zone, compacting a substantial portion of the soil in the root zone, or
moving a tree to another location. Without limitation of the foregoing, "damage" does not
include the pruning of trees in accordance with national pruning standards.
Diameter Breast Height (DBH). The diameter of a tree measured at 4'/2 feet above the grade
existing at the base of a tree.
Diseased Tree. Any of the following types of trees: (i) trees of any species or variety infected
with dutch elm disease or oak wilt, as determined by laboratory analysis or by any other reliable
means; (ii) trees or parts thereof of elm or zelkova, or of any other species, in a dead or dying
condition that may serve as breeding places for the European elm bark beetle, dutch elm disease,
or oak wilt; (iii) trees of any species or variety infected with, or that may serve as breeding
places for, the Asian long horned beetle or the Asian cerambycid beetle (anoplophora
glabripennis); (iv) trees or parts thereof of ash infected with, or that may serve as breeding places
for, the Emerald ash borer (agrilus planipennis fairmaire); or (v) trees harboring other diseases or
infestations that create a condition that is otherwise unsafe and a hazard to the urban forest.
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Impact. Any act that causes, or is reasonably likely to cause, the loss in value or loss in aesthetic
value of a tree. Without limitation of the foregoing, "impact" does not include the pruning of
trees in accordance with national pruning standards.
Lot. Any lot of record in the City, or any lot as defined in the City zoning regulations;
National Pruning Standards. The standards adopted by the American National Standards
Institute, ANSI A300 (Part 1)-2001 Pruning, as such standards may be amended from time to
time.
Person. Any public or private individual, group, company, firm, corporation, partnership,
association, society, entity, or any other combination of human beings, whether legal or natural,
including, without limitation, public utilities, but not the City or its employees or officials acting
in their official capacity.
Protective Root Zone (PRZ): The area of the ground near or beneath a tree having its center
point at the center of the trunk of the tree, and having a radius equal to one foot of radius for
every one inch of tree DBH.
Removal. The physical detachment or elimination of a tree, or the effective detachment or
elimination of a tree, through damage or other direct or indirect action resulting in, or likely to
result in, the death of the tree. Without limitation of the foregoing, remove or removal does not
include the pruning of trees in accordance with national pruning standards.
Tree. A woody, self-supporting perennial plant usually with one trunk, or a multi-stemmed trunk
system, and having a crown.
Tree Banking. A program that allows a monetary donation for the planting of trees within the
City.
Tree Caliper. A unit of measurement for diameter, taken six (6) inches above the ground for
trees having a caliper of up to and including four inches, and taken twelve (12) inches above the
ground for trees having a caliper larger than four inches.
Tree Protection Devices. Barriers, fences, other devices and techniques reasonably required to
protect the tree preservation area from intrusion by construction vehicles and equipment,
materials and spoils.
Tree Preservation Area. That area of a lot or parcel of land within which all trees shall be
protected as designated on a tree preservation plan.
Tree Preservation Plan. A written plan having text and/or graphic illustrations indicating the
methods that are to be used to preserve existing trees during construction including the
information and submittals described in Section 19.16.060 hereof
Tree Removal Permit. The required written permit issued in order to remove any tree within the
corporate limits of the City.
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Tree survey. A graphic display indicating location, size, species and condition of all trees with a
DBH of two (2) inches or greater for trees in Groups A and B, and a DBH of six (6) inches or
greater for Groups C and D.
19.16.030: EXCEPTIONS:
A. The following properties and/or entities shall be exempt from the tree preservation
requirements of this chapter:
1. Single family residentially zoned lots that are less in area than two (2) acres on
which a residence has been constructed and occupied.
2. Commercial nurseries or orchards.
3. Properties for which a development plan was approved prior to February 13,
2013, pursuant to the terms of an annexation agreement, a planned development
ordinance or other development agreement or ordinance, as long as the
development activity is in compliance with said approved plans. The exception
provided for in this subsection shall expire for a property upon the expiration of
the annexation agreement or other development agreement or the expiration of the
time frame for a development in a planned development ordinance or other
applicable ordinance.
4. Parkway trees within a public right of way.
5. Property owned by the City of Elgin, State of Illinois, the United States
government, public school districts, public forest preserve districts, counties,
townships, Elgin Community College or public utility companies.
B. It is the policy of the City of Elgin to attempt to follow the spirit and intent of this
chapter, as it would apply to its own property, where practical.
19.16.040 TREE REMOVAL PERMIT REQUIRED; FEE:
It shall be unlawful for any person to cut down, destroy, remove or move, or effectively destroy
through damaging, or authorize the cutting down, destroying, removing, moving or damaging of
any tree, unless exempted under Section 19.16.030 of this chapter, without first obtaining a tree
removal permit. Applications for a tree removal permit shall be submitted to the Development
Administrator. The fee for such permit shall be covered by the cost of building permit or zoning
petition fee.
A. Tree removal permits shall be issued for the following reasons:
1. The tree is dead or dying;
2. The tree is diseased;
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3. The tree is damaged or injured to the extent that it is likely to die or become
diseased, or that constitutes a hazard to persons or property; or
4. Removal of the tree is consistent with good forestry practices.
B. In the event a tree removal permit is sought in connection with work for which no
building permit or zoning petition or approval is required, there shall be no charge for
such permit. The application for such permit shall contain:
1. Name and address of applicant;
2. Name, address, telephone number, facsimile number and email address of
contractor or other person responsible for tree removal;
3. Tree survey indicating the tree(s) to be removed, including species, size and
condition;
4. The reasons for removal of any tree(s); and
5. A letter of credit equaling the cost of replacement of the trees that are to be
removed.
C. When a tree removal permit is sought in connection with construction activity requiring a
building permit, the application shall be accompanied by a tree preservation plan.
19.16.050 REMOVAL AND REPLACEMENT STANDARDS:
A. The replacement of trees is based on the condition rating and species group (listed below)
as identified by a certified arborist. The species group is comprised of the trees found in
the "Species Ratings and Appraisal Factors for Illinois," prepared by the Illinois Arborist
Association. If a species identified on a property is not found within the following
listing, it is the responsibility of the City and a certified arborist to assign the tree to an
appropriate species group utilizing the species rating guide based on the publication
"Species Ratings and Appraisal Factors for Illinois" by the Illinois Arborist Association,
1994, as amended. The amount of inches of tree caliper to be replaced is a percentage,
based on group and condition rating, of the total amount of inches of DBH being
removed. Only trees with condition ratings of one, two or three are required to be
replaced. Replacement trees shall be chosen from species Groups A and B. A property
owner may propose replacement trees which are not listed in the tree list in subparagraph
C hereof Such alternative replacement trees must be approved by the City and a certified
Arborist and must qualify for classification in species group A or B utilizing the species
ratings guide based upon the publication "Species Ratings and Appraisal Factors for
Illinois"by the Illinois Arborist Association, 1994, as amended.
B. Condition Rating
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Rating Description General Criteria
1 Excellent The tree is typical of the species, has less than 10%
deadwood in the crown that is attributable to normal
cause, has no other observed problems, and requires
no remedial action.
2 Good to Fair The tree is typical of the species and/or has less than
20% deadwood in the crown, only one or two minor
problems that are easily corrected with normal care.
3 Fair The tree is not typical of the species and/or has less
than 30% deadwood in the crown, one or two minor
problems that are not eminently lethal to the tree, and
no significant decay or structural problems, but the
tree must have remedial care above normal care in
order to minimize the impact of future stress and to
ensure continued health.
4 Fair to Poor The tree is typical of the species and/or has
significant problems such as 30-50% deadwood in
the crown, serious decay or structural defect, insects,
disease or other problems that can be eminently lethal
to the tree or create a hazardous tree if not corrected
in a short period of time or if the tree is subjected to
additional stress.
5 Poor The tree is not typical of the species and/or has over
50% deadwood in the crown, major decay or
structural problems, is hazardous or is severely
involved with insects, disease, or other problems, that
even if aggressively corrected, would not result in the
likely survival of the tree.
6 Dead Less than 10% of the tree shows signs of life.
C. Tree List
Common Botanical Cultivar Tree Type Species Native}ardiness
Name Name Group to IL Zone
Arborvitae, Thuja "Emerald", "Nigra", Evergreen A No 3 to 7
Eastern(also occidentalis "Pyramidalis" "Wintergreen"
Eastern
White-cedar)
Ash, Blue Fraxinus "Newport" Shade Tree D Yes 4 to 7
quadrangulata
Ash,European Fraxinus "Aurea", "Hessei" Shade Tree D No 5 to 7
excelsior
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Ash, Green Fraxinus "Honeyshade","Marshall Shade Tree D Yes 3 to 9
pennsylvanica Seedless", "Patmore",
"Summit"
Ash, Sorbus Ornamental/ D Yes 2 to 5
Mountain americana Small Tree
Ash, White Fraxinus "Autumn Applause","Autumn Shade Tree D Yes 4 to 9
americana Purple", "Champaign County",
"Chicago Regal",`Elk Grove",
"Rosehill","Royal Purple",
"Skyline", "Windy City"
Baldcypress Taxodium Shade Tree A Yes 4 to 11
distichum
Beech, Fagus Shade Tree B Yes 4 to 9
American grandifolia
Beech, Fagus sylvatica All cultivars Shade Tree B No 4 to 7
European
Birch,Paper Betula "Chickadee", "Snowy" Shade Tree D Yes 2 to 7
papyrifera
Birch,River Betula nigra Ornamental/ B Yes 3 to 9
Small
Boxelder Boxelder Acer negundo "Auratum","Flamingo","Kelly's Shade Tree D Yes 3 to 9
Gold","Violaceum"
Buckeye, Aesculus glabra Shade Tree B Yes 4 to 7
Ohio
Catalpa Catalpa Shade Tree D Yes 4 to 8
speciosa
Cedar,Eastern Juniperus "Canaertii", "Taylor" Evergreen B Yes 3 to 9
Red virginiana
Cherry, Black Prunus serotina "White Sparkle" Shade Tree C Yes 3 to 9
Cherry, "Amanogawa","Kwanzan", Ornamental/ D No 5 to 7
Japanese "Royal Burgundy", Small Tree
Flowering "Shirofugen", "Shirotae",
"Shogetsu"
Chokeberry, Prunus maackii "Amber Beauty" Shade Tree B No 3 to 6
Amur
Coffeetree, Gymnocladus Shade Tree A Yes 3 to 8
Kentucky dioica
(male only)
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Coffeetree, Gymnocladus "Prairie Titan"
Kentucky, dioicus Shade Tree B Yes 3 to 8
(female only)
Cottonwood Populus Shade Tree D Yes 3 to 9
(female,only) deltoides
Cottonwood Populus "Siouxland" Shade Tree C Yes 3 to 9
(male only) deltoides
Crabapple, Malus spp. Ornamental/ A Yes 4 to 7
Flowering Small Tree
Crabapple, Malus spp. Ornamental/ B Yes 4 to 7
Flowering Small Tree
Dogwood, Cornus Ornamental/ B Yes 3 to 7
Pagoda alternifolia Small Tree
Douglasfir Pseudotsuga Evergreen A Yes 3 to 6
menziesii
Elm, Ulmus "Delaware#2", "Jefferson", Shade Tree D Yes 3 to 9
American americana "Princeton", "Valley Forge"
Elm,Chinese Ulmus "Dynasty", "Frosty" Shade Tree B No 4 to 9
parvifolia
Elm,hybrid Ulmus hybrids "Accolade", "Homestead", Shade Tree B No 4 to 9
"Jacan","Pioneer", "Regal",
"Sapporo Autumn Gold"
Elm, Red Ulmus rubra Shade Tree D Yes 3 to 9
(Slippery)
Elm, Rock Ulmus thomasii Shade Tree D Yes 3 to 7
Elm, Siberian Ulmus pumila "Chinkota", "Coolshade", Shade Tree D No 4 to 9
"Dropmore", "Lincoln",
"Morton Plainsman","New
Horizon", "Pendula","Urban"
Filbert, Corylus colurna Shade Tree A No 4 to 7
Turkish
Ginkgo, male Ginkgo biloba "Autumn Gold", "Fairmount", Shade Tree B No 4 to 8
only "Fastigiata","Lakeview",
"Princeton Sentry"
Hackberry, Celtis Shade Tree A Yes 3 to 9
Common occidentalis
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r Hawthorn,
Cockspur Crataegus crus-
galli var. Ornamental/ A
Small Tree Yes 4 to 6
inermis
Hawthorn, Crataegus Ornamental/ C Yes 3 to 6
Downy mollis Small Tree
Hawthorn, Crataegus "Crimson Cloud", "Paul's Ornamental/ D No 4 to 7
English laevigata Scarlet", "Snowbird""Toba" Small Tree
Hawthorn, Crataegus Ornamental/ B No 4 to 8
Washington phaenopyrum Small Tree
Hickory, Carya Ovata Shade Tree B Yes 4 to 8
Shagbark
Honeylocust, Gleditsia Shade Tree D Yes 4 to 9
Common triacanthos
Honeylocust, Gleditsia "Green Glory", "Imperial", Shade Tree A Yes 4 to 9
Thornless triacanthos f. "Majestic", "Shademaster",
inermis "Skyline"
Hornbeam, Carpinus Ornamental/ B Yes 3 to 9
American caroliniana Small Tree
(Blue Beech)
Horsechestnut, Aesculus "Baumannii" Shade Tree B No 4 to 7
Common hippocastanum
Lilac, Syringa "Ivory Silk" Ornamental/ B No 3 to 7
Japanese Tree reticulate Small Tree
Lilac, Peking Syringa Ornamental/ B No 4 to 7
pekinensis Small Tree
Linden, Tilia americana "Fastigiata", "Redmond" Shade Tree B Yes 3 to 8
American
(Basswood)
Linden, Tilia cordata "Greenspire", "June Bride" Shade Tree B No 3 to 7
Littleleaf
Linden, Tilia euchlora "Redmond" Shade Tree A No 3 to 7
Redmond
Locust, Black Robinia "Frisia", "Idaho", "Purple Shade Tree D Yes 4 to 8
pseudoacacia Robe", "Pyramidalis",
"Semperflorens"
Magnolia, Magnolia x Ornamental/ B No 4 to 9
elikk Saucer soulangiana Small Tree
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Magnolia, Star Magnolia "Centennial","Rosea", "Royal Ornamental/ B No 4 to 9
stellata Star", Waterlily" Small Tree
Maple, Amur Acer tataricum "Compactum", "Durand Ornamental/ B No 3 to 8
subsp. Ginnala Dwarf',"Flame", "Red Fruit" Small Tree
Maple, Black Acer nigrum "Greencolumn" Shade Tree A Yes 4 to 8
Maple, Hedge Acer campestre "Marimo", "Queen Elizabeth" Ornamental/ B No 4 to 8
Small Tree
Maple, Acer "Crimson King", "Columnare", Shade Tree B No 4 to 7
Norway plantanoides "Deborah", "Drummondii",
"Emerald Lustre", "Erectum",
"Green Lace", "Royal Red",
"Schwedleri"
Maple, Red Acer rubrum "Armstrong", "Autumn Flame", Shade Tree B Yes 3 to 9
"Columnare","Red Sunset",
"October Glory"
Maple, Silver Acer "Beebe", "Laciniatum", "Silver Shade Tree C Yes 3 to 9
saccharinum Cloud", "Silver Queen",
"Skinner"
Maple, Sugar Acer saccharum "Green Mountain","Legacy", Shade Tree A Yes 4 to 8
"Sweet Shadow", "Wright
Brothers"
Mulberry, Red Morus alba Shade Tree D Yes 5 to 9
(female only)
Mulberry,Red Moms rubra Shade Tree C Yes 5 to 9
(male only)
Mulberry, Moms rubra Shade Tree D Yes 4 to 9
White(female
only)
Mulberry, Moms alba "Fruitless", "Mapleleaf' Shade Tree C Yes 4 to 9
White(male
only)
Oak, Bur Quercus Shade Tree A Yes 3 to 8
macrocarpa
Oak, Chestnut Quercus prinus Shade Tree B Yes 4 to 8
Oak, Quercus Shade Tree A Yes 4 to 7
Chinquapin muehlenbergii
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Oak, English Quercus robur "Autopurpurea", "Concordia", Shade Tree B No 4 to 8
"Filicifolia","Michround",
"Pendula", "Pyramich",
"Skyrocket", "Variegata"
Oak, Hill's Quercus Shade Tree B No 4 to 6
ellipsoidalis
Oak, Pin Quercus "Crownright", "Green Pillar", Shade Tree B Yes 4 to 8
palustris "Sovereign"
Oak,Red Quercus rubra Shade Tree B Yes 3 to 7
Oak, Swamp Quercus bicolor Shade Tree A Yes 4 to 8
White
Oak, White Quercus alba Shade Tree A Yes 3 to 9
Olive, Russian Elaeagnus Ornamental/ D No 2 to 7
angustifolia Small Tree
Pear, Pyrus calleryana "Chanticleer","Red Spire", Shade Tree A No 5 to 9
Flowering "Whitehouse"
Pine,Austrian Pinus Nigra Evergreen C No 3 to 7
Pine, Eastern Pinus strobus "Contorta", "Fastigiata", Evergreen B Yes 3 to 7
White "Pendula"
Pine, Red Pinus resinosa Evergreen C Yes 2 to 5
Pine, Scots Pinus sylvestris "Aurea", "Beauvronensis", Evergreen D No 3 to 7
"Fastigiata"
Planetree, Platanus x "Bloodgood", "Columbia", Shade Tree B No 4 to 8
London acerifolia "Liberty", "Metzam",
"Yarwood"
Poplar,Black Populus nigra "Majestic", "Thevestin" Shade Tree D No 3 to 9
Lombardy `Italica'
Poplar, White Populus alba "Pyramidalis" Shade Tree D No 3 to 8
Redbud, Cercis "Flame", "Wither's Pink Ornamental/ B Yes 4 to 9
Eastern canadensis Charm" Small Tree
Redwood, Metasequoia Shade Tree C No 4 to 8
Dawn glyptostroboides
Serviceberry, Amalanchier Ornamental/ B Yes 4 to 9
Allegheny Laevis Small Tree
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Serviceberry, Amalanchier x "Autumn Brilliance", Ornamental/ B Yes 4 to 9
Apple grandiflora "Ballerina", "Princess Diana", Small Tree
"Robin Hill", "Strata"
Serviceberry, Amalanchier Ornamental/ B Yes 4 to 9
Downy arborea Small Tree
Serviceberry, Amalanchier Ornamental/ B Yes 4 to 9
Saskatoon alnifolia Small Tree
Spruce, Picea pungens Evergreen B No 3 to 8
Colorado Blue
Spruce, Picea abies Evergreen B No 3 to 7
Norway
Spruce, White Picea glauca Evergreen B Yes 2 to 6
Sweetgum Liquidambar "Grazam","Moraine", Shade Tree C Yes 5 to 9
styriciflua "Variegata"
Sycamore Platanus Shade Tree C Yes 4 to 9
occidentlais
Tree of Ailanthus Shade Tree D No 4 to 8
Heaven altissima
Tulip Tree Liriodendron "Aureomarginatum" Shade Tree B Yes 4 to 9
tulipifera
Walnut,Black Juglans nigra "Laciniata" Shade Tree C Yes 4 to 9
Willow, Salix matsudana Shade Tree D No 5 to 8
Corkscrew `Toruosa'
Willow, Salix alba "f. argentea", "Britzensis", Shade Tree D No 2 to 8
Weeping "Tristis"
Zelkova Zelcova serrata "Goshiki", "Green Vase", Shade Tree D No 4 to 8
"Halka", "Spring Grove"
"Village Green"
D. Replacement Ratios.
Except as hereinafter provided, within twelve (12) months after removal of each tree by a
property owner pursuant to a tree removal permit, the owner or successor owner shall replace the
removed tree pursuant to the following table. The minimum size of tree that warrants
replacement for Groups A and B must have a DBH of two (2) inches or greater, and six (6)
inches or greater for Groups C and D.
Species Group Percentage of DBH to replace
A 50
B 30
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C 10
D 5
E. Guaranty of replacement.
At the time of replacement of the tree(s), the owner shall provide to the City a copy of a written
guaranty from the vendor of the tree(s) to the owner that the tree(s) will be replaced if the tree(s)
dies or becomes diseased within one (1) year after the installation of the tree(s). The owner shall
provide for reasonable maintenance of a replacement tree(s) including necessary watering
thereof until such time as the tree is self sustaining. An owner shall replace a replacement tree
planted pursuant to the requirements of this chapter if such a replacement tree dies or becomes
diseased within one year after the installation of the tree.
F. No replacement required for dead or dying trees.
Except as provided in a preceding Subsection E hereof, the owner is encouraged but not required
to replace any tree in the event the tree is diseased and cannot be treated, dead or dying from
natural causes, or in the event the tree is damaged or injured by natural causes where it is likely
to die or become diseased. The owner shall not be required to replace any tree in the event that a
certified arborist determines that removal of the tree is consistent with good forestry practices or
if its removal will enhance the health of the remaining trees within the immediate vicinity.
G. Tree Banking.
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Where, due to the scope of development, such that there is insufficient space in the lot to allow
for the planting of all replacement trees, or replacement at the required rate would otherwise be
inconsistent with current standards generally observed by professionals in the forestry,
landscaping and landscape architecture professions, including by way of example prairie
restoration projects involving the removal of invasive trees, tree banking can be used. In such
instance, the city shall charge a fee in lieu of some or all of the replacement tress otherwise
required under this chapter. The fee to be charged in lieu of replacing any tree shall be equal to
Two Hundred Dollars ($200.00) per DBH inch. The proceeds of any fees collected under this
section shall be used for the planting of trees on public parkways or other public properties in the
city. Where consistent with good forestry practices, the fees collected for a particular lot shall be
used for replacement trees within the blocks or lots on which the lot is located or on the blocks or
lots on the opposite side of the street or streets in which the lot is located.
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19.16.060: TREE PRESERVATION INVOLVING CONSTRUCTION:
A. A tree preservation plan shall be submitted as an attachment to the application for (1) a
building permit or other permit in connection with projects involving construction
activity, or (2) zoning petitions or applications involving site plan or development plan
approval.
B. Consistent with the various setback requirements of the City's zoning ordinance, all
buildings and other structures shall be located upon a lot or parcel of land to minimize
tree damage and/or removal. The building activity area shall be the smallest practical
area of a lot or parcel of land.
C. The tree preservation plan shall be shown on a plan that has the engineering plans
(grading, utilities) as the base and shall specify the following:
1. The tree preservation area and building activity area;
2. Steps to be taken to provide tree protection devices adjacent to the tree
preservation area. Detailed drawings of the protection devices shall be included;
3. The name, address, telephone number, facsimile number and e-mail address of the
general contractor responsible for the construction, erection, and maintenance of
tree protection devices adjacent to the tree preservation area;
4. The location, shape and spatial arrangement of all existing and proposed
structures, driveways, parking areas, roads, and access drives designed in such a
way as to avoid unnecessary removal of trees.
5. Location of existing property lines, proposed or existing utility services, including
gas, electric, telephone, and cable television. Every effort shall be made to
protect existing trees during the placement of utility service lines including
auguring as opposed to open cutting where feasible. A copy of the tree
preservation plan and this chapter shall be submitted to the appropriate public
utilities in order to alert said regulated public utilities to the proposed placement
of the regulated utility service lines;
6. A tree survey showing the location, species, DBH and condition of every tree
with a DBH of two (2) inches or larger on the property. The survey shall
distinguish existing trees, which are proposed to be destroyed, relocated, replaced,
preserved at their present location, or introduced into the area from an off-site
source and identified on either the map or an accompanying sheet. The
Development Administrator shall have the authority to allow a modified tree
survey for heavily wooded properties. A pre-meeting with city staff is
recommended prior to preparing a tree survey.
D. Approval of an application for a building permit or a permit for other construction
activity involving tree removal activity shall be granted only if the City finds that all
reasonable efforts have been undertaken in the architectural layout and design of the
proposed development to preserve existing trees and to otherwise enhance the aesthetic
appearance of the development by the incorporation of trees in the design process.
Relocation or replacement of trees may be required as a condition of approval in
accordance with the criteria set forth in this chapter. No tree removal shall take place
until the issuance of a tree removal permit.
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rbb E. Work shall not begin on the site, until the site has been inspected by the City for
compliance with the tree preservation plan.
F. An approved tree preservation plan shall be available on the building site before work
commences and at all times during construction of the project. The general contractor
shall be responsible for notifying all other contractors of the tree preservation plan and
providing the City with written confirmation of this notification.
19.16.070: TREE PROTECTION DURING CONSTRUCTION:
During construction, reasonable steps necessary to prevent the destruction of or damage to trees
(other than those specified to be removed) shall be taken, including but not limited to the
following:
A. No construction activity, movement and/or placement of equipment or material or spoils
storage shall be permitted outside the building activity area or within the tree preservation
area.
B. Trees to be preserved shall be protected during construction by tree protection devices
around the Critical Root Zone (CRZ) of each tree to prevent compaction of soil and other
damage to the tree by equipment or materials. No excess topsoil, construction materials,
debris or chemicals are allowed within the CRZ of any tree, which is to be preserved. In
°' addition, no parking of vehicles, on-site offices or machinery is allowed inside the CRZ.
All refueling, maintenance and burning areas shall be located away from all trees.
C. All required protective fencing or other similar physical barriers not less than thirty-six
(36) inches in height must be in place around the tree preservation area and/or trees and
approved by the City prior to beginning construction. The fencing or other similar
physical barrier must remain in place during the entire construction period. All fencing
or other similar physical barriers must be secured to metal posts driven into the ground
spaced no further than ten (10) feet apart.
D. No attachments, signs, fences or wires, other than those approved for bracing, guying or
wrapping, shall be attached to trees during the construction period.
E. Whenever a change of ground grading is planned, the trees to be preserved shall be
protected by a wall so as to preserve the existing grade for the roots. The wall and its
design shall be shown on the tree preservation plan.
F. Wherever a change of grading is planned, the topsoil shall be preserved for the new
landscaping to be installed. Unless otherwise authorized by the tree removal permit, no
soil is to be removed from within the CRZ of any tree that is to remain.
G. When trenching alongside existing trees is unavoidable, the trench must be one (1) foot
for every one (1) inch DBH away from the base of the existing tree to be protected.
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H. Construction pruning and root pruning of trees directly impacted by construction may be
required for preservation of existing trees. These measures must be indicated on the tree
preservation plan or the submitted application for permit.
I. All utilities, including service lines, shall be installed in accordance with the tree
preservation plan. Regulated public utilities that have been notified of the tree
preservation plan in accordance with this chapter herein shall be responsible for adhering
to said tree preservation plan during installation of necessary utility services lines.
19.16.080: REMOVAL OF CERTAIN DANGEROUS TREES WITHOUT PERMIT:
In the event that any tree shall pose a threat to health, safety or property and require immediate
removal (for example, a tree which has blown over or been struck by lightning), the city may
give verbal authorization, and the tree removed without a written permit as herein required. The
development administrator shall require a written record be made of any such verbal
authorization to remove a tree.
19.16.090: APPEALS:
Property owners may discuss alternative layouts and present the reasons why the literal
provisions of this chapter cause hardship for their development. The intent of this chapter is to
establish standards for development and redevelopment within the City and to preserve trees as
an important public resource enhancing the City's natural character and heritage. However, it is
acknowledged, that in order to obtain the very best development plan, latitude from these
(111'4 provisions provisions can be evaluated in consideration of plans with unique site design or properties with
physical limitations inhibiting tree preservation. If the literal application of this chapter results in
hardship, the applicant may apply for a variation from the requirements of this chapter in
accordance with Chapter 19.70 hereof.
19.16.100 PENALTY:
A. A person violating any of the provisions or failing to comply with any of the
requirements of this chapter shall be guilty of an offense.
B. Failure to obtain a tree removal permit prior to removing trees shall result in a fine of
$200 per inch of tree diameter measured at DBH.
C. It shall be unlawful for any person, firm or corporation to fail to abide by the terms of any
tree preservation plan pursuant to which a building permit or tree removal permit has
been issued including all regulated public utilities.
D. If the precautions as specified in the tree preservation plan were not undertaken before
construction commenced or are not maintained at any time during construction, the City
shall issue a stop-work order until such time as the permittee complies with these
precautions.
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E. Trees removed without a tree removal permit must be replaced with trees whose sum of
caliper equals the sum of DBH of the trees removed, with a minimum caliper of 2'/2
inches.
F. Any violation of this chapter in which the DBH and/or species of a tree cannot be
determined, the tree shall be replaced with 16 trees with a minimum caliper of 2'/2 inches,
and any other penalties pursuant to this chapter.
G. The levy and/or payment of any penalty or fine provided in this chapter shall not be
deemed a waiver of the power of the City to suspend, revoke or refuse to renew a permit
or other approval or to seek injunctive relief to enjoin violations of this chapter or other
applicable provisions of law."
Section 3. Severability. If any provision, clause, sentence, paragraph, section or part of
this ordinance or application thereof to any person or circumstance, shall for any reason be
adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment
shall not affect, impair or invalidate the remainder of this ordinance and the application of such
provision to other persons or circumstances, but shall be confined in its operation to the
provision, clause, sentence, paragraph, section or part thereof directly involved in the
controversy in which such judgment shall have been rendered and to the person or circumstances
involved. It is hereby declared to be the legislative intent of the City Council that this ordinance
would have been adopted had such unconstitutional or invalid provisions, clause, sentence,
paragraph, section or part thereof not been included.
Section 4. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed to the extent of any such conflict.
Section 5. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law. Of
.//#4ACJAOrg-
David J. K ptain P' ayor
Presented: February 13, 2013
Passed: February 13, 2013
Vote: Yeas: 6 Nays: 1 Q F'
Recorded: February 13, 2013
Published: February 15, 2013
Attest: Ns. '�lk1. ' •
1},4646 "'
Kimberly Dewis, ity Clerk
r
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