The purpose of this article is to set forth the requirements for the protection and preservation of natural resource areas within the jurisdiction of this chapter. In part, the provisions of this article are designed to ensure the implementation of the adopted city comprehensive plan.

(Ord. No. 801G, § 3, 3-6-06)

This article contains the standards which govern the protection, disturbance, and mitigation of disruption of all permanently protected natural resource areas. The provisions of this article are intended to supplement those of the city, the county, the state, and the federal government of the United States which pertain to natural resource protection. This article recognizes the important and diverse benefits which natural resource features provide in terms of protecting the health, safety, and general welfare of the community. Each of the following sections is oriented to each natural resource type, and is designed to accomplish several objectives:

First, a definition of the natural resource is provided. Second, the specific purposes of the protective regulations governing each natural resource type are provided. Third, the required method of identifying and determining the boundaries of the natural resource area is given. Fourth, mandatory protection requirements are identified. Fifth, where permitted, mitigation standards are provided.

(Ord. No. 801G, § 3, 3-6-06)

(A)

Compliance. All new development (including building construction, other site improvements, and/or site preparation), additions to existing development (including building construction, other site improvements and/or site preparation), along with all new subdivision plats, condominiums, and site plans, in all zoning districts, shall comply with the resource protection standards set forth in Table 150.503.

(B)

Natural resources to remain undisturbed. All of the natural resources required to be protected under this article shall remain undisturbed and in a natural state except those natural resources where mitigation is permitted and where that mitigation is in strict accord with those requirements set forth in this article.

(C)

Disturbance of existing natural resources. Removal of protected natural resources as defined in this article from a property before any development approvals from the city are sought shall not be allowed unless the property owner obtains a site plan approval and meets the standards of this article for natural resource preservation. All clear cutting and destruction of natural resource features shall:

(1)

Require a site plan review and approval as per § 150.906, and shall be in compliance with the provisions of this article.

(2)

Be required to meet the protection levels described in this article.

(3)

Where such clear cutting and/or destruction violations occur, be required to meet the mitigation standards set forth under the provisions of this article.

Table 150.503: Natural Resource Protection Standards

Footnotes:

(1)

Including residential PD districts (or residential portions thereof).

(2)

Including nonresidential PD districts (or nonresidential portions thereof).

(3)

Protection standards for steep slopes and woodlands shall be enforced over the total combined occurrences of such features on lands held in common ownership, rather than over each of any two or more individual occurrences of steep slopes or woodlands on such lands. Lands shall be considered to share a common boundary even if they are divided by a public road or navigable waterway, or if they connect at only one point.

(4)

Whether mitigation is permitted shall be determined by the zoning administrator on a case-by-case basis.

(5)

If not otherwise restricted by state or federal regulations, the zoning administrator may allow the filling or alteration of up to one acre of wetland without mitigation if such filling or alteration is essential for public safety purposes as defined under state law.

(D)

Natural resource protection plan. If natural resource features defined and described in this article are present on a property, a "natural resource protection plan" shall be submitted with the site plan (§ 150.906) which shall show the following:

(1)

Proposed name. The proposed name of the development.

(2)

Location. The location of the proposed development.

(3)

Names, addresses, and telephone numbers of the owners, subdividers, lessee and/or developer. The names, addressees, and telephone numbers of the owners, subdividers, lessee and/or developer(s) of the property and of the designer of the plan.

(4)

Date. Date of the "natural resource plan" submittal and all applicable revision dates.

(5)

Site boundary. The boundary line of the site with dimensions and bearings, indicated by a solid line, and the total land area encompassed by the site.

(6)

Lot lines, right-of-way lines, and easements. The location of all proposed lot lines, right-of-way lines, and easements.

(7)

Existing streets. The location, ownership, widths, and names (if available) of all existing and previously platted streets, rights-of-way, parks, and other public or open spaces located within or adjacent to the subject property.

(8)

Easements and neighboring property boundaries. The location and dimensions of all permanent easements and the subject property boundary lines adjacent to the site.

(9)

Location and extent of existing natural resource features. The location and extent of any existing natural resource features defined and described in this article. Each individual resource area on the site shall be graphically shown on the "natural resource protection plan."

(10)

Disturbed and preserved natural resource features. Graphic and numerical illustration shown on the "natural resource protection plan" of those existing natural resource features that will be disturbed and those that will be preserved and showing on the illustration the area (in square feet or acres) of each existing resource and those areas of resources that are to be preserved. Numerical data may be shown in tabular form with labeled reference to specific areas designated on the "natural resource protection plan." Any areas of the site where natural resources are to be mitigated and how and where the mitigation is to take place with the natural resource protection easements shall be indicated.

(11)

Method of natural resource preservation. Graphic illustration and notes relating to how those natural resource features, which are to be preserved, will actually be preserved (conservation easements, deed restrictions, protective covenants, etc.)

(12)

Scale, north arrow, contours. A drawing legend containing the scale appropriate to the size of the site plan, the date of preparation, north arrow, and designation of existing and proposed contours at a maximum two foot counter interval.

(Ord. No. 801G, § 3, 3-6-06)

(A)

Natural resources measurement. All land area within a proposed development, site plan, subdivision plat, or condominium consisting of the natural resource features defined in this article shall be accurately measured by the petitioner. The total square feet and acreage of each natural resource feature shall be multiplied by its respective "natural resource protection standard" as set forth in Table 150.503. to determine the amount of each natural resource feature to be protected by a conservation easement. If two or more natural resource features are present on the same area of land, only the most restrictive natural resource protection standard shall be used.

(Ord. No. 801G, § 3, 3-6-06)

(A)

Intent of mitigation. The city recognizes that property owners, subdividers, or condominium developers may wish to develop in portions of those protected natural resource feature areas shown as eligible for mitigation in table 150.503. Provisions in this article set forth the conditions for mitigation and mitigation standards for the various natural resource features for which mitigation is allowed under the provisions of table 150.503. The intent of these provisions is not to permit greater destruction of natural resource features than is permitted under the requirements of this article for a typical property or development. This article sets specific standards for use when the extent of the natural resources on a site and the use of the regulations would create a major hardship for said natural resource feature protection. Thus, mitigation is intended to be used instead of a variance request when severe hardships would result from the strict enforcement of the natural resource protection standards and requirements set forth in this article.

(B)

Off-site mitigation. Off-site mitigation may be permitted if such off-site mitigation occurs within the same watershed as the natural resource feature or property being mitigated and follows the methods, requirements, standards, and/or criteria set forth under this article. All permitted off-site mitigation shall occur within the corporate limits of the city.

(Ord. No. 801G, § 3, 3-6-06)

(A)

Definition. Three categories of steep slopes are defined herein for use in this chapter. These categories are based upon the relative degree of the steepness of the slope as follows:

(1)

Slopes of 20 percent to 30 percent inclusive.

(2)

Slopes greater than 30 percent.

(3)

No land shall be considered a steep slope unless the steep slope area has at least a 20 percent vertical drop and has a minimum area of 5,000 square feet.

(B)

Purpose. Steep slopes are particularly susceptible to damage resulting from site disruption, primarily related to soil erosion. Such damage is likely to spread to areas which were not originally disturbed. Such erosion reduces the productivity of the soil, results in exacerbated erosion downhill, and results in increased sedimentation in drainageways, wetlands, streams, ponds and lakes. Beyond adversely affecting the environmental functions of these resource areas, such sedimentation also increases flood hazards by reducing the flood water storage capacity of hydrological system components, thus elevating the flood level of the drainage system in effected areas. Beyond these threats to public safety, disruption of steep slopes also increases the likelihood of slippage and slumping—unstable soil movements which may threaten adjacent properties, buildings, and public facilities such as roads and utilities.

(C)

Determination of presence. Steep slopes are to be determined by using the following sources and/or methods in the order indicated below. If the first source is considered inaccurate or inappropriate, as determined by the zoning administrator, the succeeding source shall be used:

(1)

A topographic survey prepared by and certified by an Illinois registered land surveyor at the petitioner's expense at a contour interval of not less than two (2) feet.

(2)

Topographic maps on file with the city.

(3)

U.S.G.S. 7.5-minute topographic quadrangle maps.

The area of steep slopes (in square feet or acres) shall be measured and graphically delineated on a topographic drawing and on the "natural resource protection plan." Such steep slope drawing shall graphically indicate those steep slope areas, by slope type, of the property pursuant to the "steep slope" definition set forth in this section.

(D)

Protection standards. Steep slope areas shall be retained to the extent shown on Table 150.503. Protected portions of steep slopes shall remain in an undisturbed state except for the land uses permitted per the requirements of § 150.204(J).

(Ord. No. 801G, § 3, 3-6-06)

(A)

Definition.

(1)

Woodlands, young. An area or stand of trees whose total combined canopy covers an area of one-half acre or more and at least 50 percent of which is composed of canopies of trees having a diameter at breast height (DBH) of at least three inches. However, no trees grown for commercial purposes shall be considered a young woodland.

(2)

Woodlands, mature. An area or stand of trees whose total combined canopy covers an area of one acre or more and at least 50 percent of which is composed of canopies of trees having a diameter at breast height (DBH) of at least ten inches; or any grove consisting of eight or more individual trees having a DBH of at least 12 inches whose combined canopies cover at least 50 percent of the area encompassed by the grove. However, no trees grown for commercial purposes should be considered a mature woodland.

(3)

Woodlands include all tree species listed as large, deciduous trees and evergreen trees as listed in appendix D.

(B)

Purpose. Woodlands provide a wide variety of environmental functions. These include atmospheric benefits such as removing air-borne pollutants, carbon dioxide uptake, oxygen production, and evapotranspiration returns. Water quality benefits include substantial nutrient uptake rates (particularly for nitrogen and phosphorus) and surface runoff reduction in terms of both volumes and velocities. Woodlands provide unique wildlife habitats and food sources. Woodlands are excellent soil stabilizers, greatly reducing runoff-related soil erosion. Woodlands also serve to reduce wind velocities, which further reduces soil erosion. Finally, under proper management techniques, woodlands serve as regenerative fuel sources.

(C)

Determination of presence.

(1)

The determination of woodland and forest boundaries shall be determined by using the following sources and/ or methods in the order indicated below. If the first source is considered inaccurate or inappropriate by the zoning administrator the succeeding source shall be used:

A.

A field survey of trees compiled at the petitioner's expense by a registered land surveyor and identified by a landscape architect, forester, arborist, or botanist with a professional degree in one of those fields of endeavor.

B.

The most recent one inch equals 400 feet aerial photographs prepared by the city.

(2)

Each woodland and forest area shall include the tree trunk and the area located within the drip line or tree canopy. The area of woodlands and forests (mature and young), in square feet or acres, shall be measured and graphically delineated on the "natural resource protection plan." Such woodland and forest area drawing shall indicate all woodland and forest areas of the property meeting the minimum size criteria established by the definitions of woodlands (mature and young) in this section. In cases where the drip line or canopy areas overlap, the areas of overlap shall only be counted once. In cases where drip line or canopy areas overlap property lines, the property line(s) are to be used as the boundary for the woodland or forest area, with only that portion of the drip line area located on the subject property counted toward the woodland or forest area. The location, size, and summary of species types of all healthy trees having a diameter at breast height (DBH) of ten inches or greater that are located in woodland and forest areas within 25 feet of any proposed improvement and/or in woodland and forest areas to be demolished due to the placement of improvements or grading are to be graphically shown on the "natural resource protection plan" or submitted as a separate drawing. For the remaining undisturbed areas of the site plan, subdivision plat, or condominium only the outline of woodland and forest areas indicating whether they are mature or young woodlands is required. The "natural resource protection plan" shall include an estimate of the percentage of all healthy trees within each woodland or forest area that have a DBH of three inches or greater and ten inches or greater.

(D)

Protection standards. Woodland areas shall be retained to the extent shown on table 150.503. Protected portions of woodlands shall remain in an undisturbed state except for the land uses permitted per the requirements of § 150.204(J).

(E)

Mitigation. Woodlands and forest areas may be mitigated under either of the following two alternative requirements applicable to the mitigation of woodland and forest areas, except that the zoning administrator may approve different sizes and types of plantings in mitigation areas where site conditions or context warrant:

(1)

Alternative 1:

A.

Mitigation shall include the planting of 1.25 acres of new woodland/forest for every one acre of disturbed woodland/forest for which mitigation is required.

B.

Mitigation shall include the replacement of woodlands/forests disturbed. Such mitigation shall consist of the planting of new woodland/forest areas, as specified above, using the following numbers of plants per acre of mitigated area:

15 canopy trees, minimum 3.5-inch caliper*

12 canopy trees, minimum 2-inch caliper

250 canopy trees, minimum 4-foot high whips

50 understory trees, minimum 5-foot high whips

25 shrubs, minimum 12-inches high

*Note: Each 3.5-inch caliper canopy tree may be substituted with two 1.5-inch caliper canopy trees.

C.

All mitigation shall be in addition to landscaping required under article 6.

(2)

Alternative 2:

A.

Mitigation shall include the planting of 1.50 acres of new woodland/forest for every one acre of disturbed woodland/forest for which mitigation is required.

B.

Mitigation shall include the replacement of woodlands/forests disturbed. Such mitigation shall consist of the planting of new woodland/forest areas, as specified above, using the following number of plants per acre of mitigated area:

12 canopy trees, minimum 3.5-inch caliper*

10 canopy trees, minimum 2-inch caliper

200 canopy trees, minimum 4-foot high whips

40 understory trees, minimum 5-foot high whips

20 shrubs, minimum 12-inches high

*Note: Each 3.5-inch caliper canopy tree may be substituted with two 1.5-inch caliper canopy trees.

C.

All mitigation shall be in addition to landscaping required under article 6.

(3)

The species of plants to be used in the mitigation of woodlands/forests shall be similar to those destroyed and a minimum mix of six species are to be planted. Acceptable species for woodland and forest mitigation are as indicated in table 150.507(D). The species of trees to be used shall be selected by a qualified professional approved by the city based on, among other considerations, topography and soil type. No more than 80 percent of the total number of trees planted for mitigation purposes, however, shall be of any single species.

(4)

The land upon which the mitigation is to take place shall be protected with a deed restriction and conservation easement as a permanent natural resource features conservation easement.

(5)

No tree cutting or removal, after the adoption of this Code, shall reduce the woodland/forest natural resource features protection requirements of this Code.

Table 150.507(D). Tree Species for Woodland and Forest Mitigation

(Ord. No. 801G, § 3, 3-6-06)

(A)

Definition. A drainageway is a course of running water, either perennial or intermittent, flowing in a channel.

(B)

Purpose. Drainageways serve in the transporting of surface runoff to downstream areas. As such, drainageways serve to carry surface waters, supplement floodplain, wetland, and water storage functions in heavy storm or melt events, filter water-borne pollutants and sediments, promote infiltration and groundwater recharging, and provide a unique habitat at the land/water margin. Drainageway protection requirements preserve each of these functions as well as greatly reduce the potential for soil erosion along drainageways by protecting vegetative groundcover in areas which are susceptible to variable runoff flows and moderate to rapid water movement.

(C)

Determination of presence. Drainageways are to be determined by using the sources in the order indicated below. If the first source is considered inaccurate or inappropriate, as determined by the zoning administrator, the succeeding source shall be used:

(1)

A topographic survey prepared at the petitioner's expense by and certified by an Illinois registered land surveyor at a contour interval of not less than two feet.

(2)

Topographic maps on file with the city.

(3)

U.S.G.S. 7.5-minute topographic quadrangle maps.

The area of drainageways (in square feet and acres) shall be measured and graphically delineated on the "natural resource protection plan."

(D)

Protection standards. Drainageways shall be protected as indicated on Table 150.503. protected portions of drainageways shall remain in an undisturbed state except for the land use permitted per the requirements of § 150.204(J).

(E)

Mitigation. Drainageway mitigation may be permitted under the requirements of the Illinois State Statutes, and administrative rules promulgated by the Illinois Department of Natural Resources (IDNR). If such statutes or rules do not provide sufficient guidance on required mitigation, the city shall require the preparation and submittal of a wetland mitigation plan by a professional wetland mitigation specialist, and the petitioner shall be responsible for all costs necessary for the city to conduct a professional review of the mitigation plan. In addition, a permit from the U.S. Army Corps of Engineers pursuant to the requirements of section 404 of the Clean Water Act (33 U.S.C. 1344) and/or the IDNR shall be submitted to the city certifying that the filling has been approved and permitted by the Corps and/or IDNR. Alternatively, the applicant must obtain and provide to the city written correspondence from said agencies that a state or federal permit is not required, as a condition of city review.

(Ord. No. 801G, § 3, 3-6-06)

(A)

Definition. All of the land area located within 75 feet inland of the ordinary high water mark of all ponds, streams, lakes, wetlands, and navigable high water mark of all rivers.

(B)

Purpose. Shore buffers serve to protect land/water margins from erosion due to site disruption. Because of regular contact with wave action, currents, and runoff, such areas are highly susceptible to continuous, and in some cases, rapid erosion. Shore protection also provides a natural vegetation buffer which serves to reduce water velocities and wave energy, and filters significant amounts of water-borne pollutants and sediments. Shore buffers also promote infiltration and groundwater recharging, and provide a unique habitat at the land/water margin.

(C)

Determination of presence. Shore buffers are to be determined as the land within 75 feet of the ordinary high water mark of all features shown on the USGS 7.5-minute topographic quad map as a "perennial stream" and parallel to that ordinary high water mark, where required. If the first source is considered inaccurate or inappropriate, as determined by the zoning administrator, the succeeding source shall be used:

(1)

A topographic survey prepared by and certified by an Illinois registered land surveyor at the petitioner's expense at a contour interval of not less than two feet.

(2)

Topographic maps on file with the city.

(3)

U.S.G.S. 7.5-minute topographic quadrangle maps.

The area of shore buffers (in square feet and acres) shall be measured and graphically delineated on the "natural resource protection plan."

(D)

Protection standards. With the exception of the activities permitted below, shore areas shall remain in undisturbed state, except for the land uses permitted per the requirements of § 150.204(J).

(1)

Tree removal.

A.

Purpose. The intent and purpose of this subsection is to preserve the natural wooded areas that help comprise the city's character, maintain property values by improving and preserving the aesthetic appeal of the city through tree regulations, preserve the natural resources of the city and state, reduce the amount of erosion in the city due to tree removal, protect the quality of the waters of the state and the city, and protect and promote the health, safety and welfare of the people by minimizing the amount of sediment and other pollutants carried by runoff to surface waters due to the erosion of land not protected by a naturally wooded environment.

B.

Clear-cutting prohibition.

1.

Waterfront shoreland areas. In a strip of land 35 feet wide inland from the bulkhead line, no more than 30 feet in any 100 feet shall be clear-cut. Where the lot is less than 100 feet, no more than 30 percent of this strip shall be clear-cut. Natural shrubbery shall be preserved as far as practicable and, where removed, it shall be replaced with other vegetation that is equally effective in retarding runoff, preventing erosion and preserving natural beauty.

2.

Tree preservation area. Except for circumstances identified under subsection (c), below, it is prohibited to remove any tree or cause any trees to be removed from the tree preservation area of each lot. During construction, no equipment movement, construction or placement of equipment or material storage shall be permitted in the tree preservation area.

C.

Cutting exceptions.

1.

Trees may be removed from the building activities area. This area shall be as small as possible, including the entire area affected by building, grading, and temporary material storage areas. In no case shall the amount of trees with a six-inch tree diameter removed within the building activities area exceed the following:

a.

80 percent of the total of such trees on lots of ¼ acre or less.

b.

60 percent of the total of such trees on lots of ¼ acre to one acre.

c.

40 percent of the total of such trees on lots of one acre to 2.5 acres.

d.

20 percent of the total of such trees on lots of 2.5 acres or more.

2.

Trees removed in excess of the above will require a tree removal permit. Conditions under which a permit may be issued include, but will not be limited to, the following:

a.

The tree is dead, dying or diseased.

b.

The tree is damaged or injured to the extent that it is likely to die or become diseased.

c.

The removal of the tree will enhance the tree preservation area and the health of the remaining trees.

d.

The removal of the tree will avoid or alleviate an economic hardship or hardship of another nature to the property or residences.

e.

The removal of the tree is consistent with good arboriculture practices.

(2)

Replacement trees. When in keeping with good arboriculture practices, replacement trees shall be planted for all removed trees. They may be planted in the tree preservation area or in the building activities area after the initial construction activities are completed. All replacement trees shall be planted within 30 days of final grading. The determination of good arboriculture shall be based on tree density and spacing of table 150.509(D).

(3)

Penalties. Any person violating any provision of this section shall be subject to a penalty per tree illegally cut or removed, which shall be determined by the assessed value of the trees removed. The assessed value shall be determined in accordance with the "Manual for Plant Appraisers," published by the council of tree and landscape appraisers, most recent edition. In addition, a replacement tree shall be planted, of equivalent caliper, to replace each tree cut illegally.

Table 150.509(D): Shore Buffer Replacement Trees

Small trees: Trees which have an ultimate height of 20 feet to 30 feet and 15 feet to 25 feet spread. They should be planted 15 feet to 20 feet on center or roughly at a density of 115 trees per acre.

Apricot

Crabapple, flowering (sp)

Hawthorne (sp)

Lilac, Japanese Tree

Peach, flowering

Plum, purpleleaf

Redbud

Golden rain tree

Soapberry

Pear, Bradford

Serviceberry

Medium trees: Trees which have an ultimate height of 30 feet to 50 feet and 30 feet to 40 feet spread. They should be planted 25 feet to 30 feet on center or roughly at a density of 30 trees per acre.

Ash, Green

Hackberry

Honeylocust (thornless)

Linden or basswood (sp)

Mulberry, red (fruitless, male)

Oak, English

Oak, red

Pagodatree, Japanese

Pecan

Birch

Osageorange (Thornless)

Persimmon

Poplar

Sassafras

Large trees: Trees which have an ultimate height greater than 50 feet and over 40 feet spread. They should be planted 40 feet on center or roughly at a density of 25 trees per acre.

American elm

Walnut

Kentucky coffeetree

Silver maple

Sugar maple

Oaks

Sycamore

Cottonwood

(Ord. No. 801G, § 3, 3-6-06)

(A)

Definition. Isolated wetlands are those areas where water is at, near, or above the land surface long enough to support aquatic or hydrophytic vegetation and which have soils indicative of wet conditions that are no longer under regulation by the Federal Clean Water Act administered by the U. S. Army Corps of Engineers (Corps). For "jurisdictional wetlands" under Corps regulation, please refer to the Corps website: http://www.lrc.usace.army.mil/co-r/index.htm.

(B)

Purpose. These provisions are intended to maintain safe and healthful conditions, prevent water pollution, protect wildlife habitat, manage flooding, protect personal property and real estate, and control building and development in wetlands no longer under regulation by the Federal Clean Water Act administered by the Corps. When development is permitted in isolated wetland areas, the development should occur in a manner that minimizes adverse impacts upon the wetland.

(C)

Determination of presence. Wetland areas shall be determined at the petitioner's expense by a field survey and mapping of plant material by a botanist with a professional degree in either botany or biology. The area of wetlands (in square feet and acres) shall be measured and graphically delineated on the "natural resource protection plan."

(D)

Protection standards. Wetlands shall be protected as indicated on Table 150.503. Protected portions of wetlands shall remain in an undisturbed state except for the land use permitted per the requirements of § 150.204(J).

(E)

Mitigation. Wetlands mitigation may be permitted under the requirements of the Illinois State Statutes, and administrative rules promulgated by the Illinois Department of Natural Resources (IDNR) under that section. If such statutes or rules do not provide sufficient guidance on required mitigation, the city shall require the preparation and submittal of a wetland mitigation plan by a professional wetland mitigation specialist, and the petitioner shall be responsible for all costs necessary for the city to conduct a professional review of the mitigation plan. In addition, a permit from the U.S. Army Corps of Engineers pursuant to the requirements of section 404 of the Clean Water Act (33 U.S.C. 1344) and/or the IDNR shall be submitted to the city certifying that filling has been approved and permitted by the Corps and/or IDNR. Alternatively, the petitioner must obtain and provide to the city written correspondence from said agencies that a state or federal permit is not required, as a condition of city review.

(Ord. No. 801G, § 3, 3-6-06)