The provisions of this chapter have been established for the preservation of existing trees within the village. The intent of this chapter is to:

   A.   Encourage the protection of the reasonable maximum number of trees early in the planning and site development process, while allowing for the reasonable development of land within the village according to the village comprehensive land use plan.

   B.   Preserve and protect the reasonable maximum number of mature trees on private property in the village, while allowing for the reasonable development of land within the village according to the village comprehensive land use plan.

   C.   Establish requirements for tree replacements on applicable private property when permits for tree removal are obtained through procedures set forth in this chapter. (Ord. 96-12, 3-25-1996)

For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein. Where applicable, words used in the present tense include the future, words in the plural include singular, and words in the singular include the plural. The word "shall" is mandatory and not merely directory.

CALIPER: Refers to the diameter of a tree trunk, measured in inches. For the purpose of this chapter, caliper shall be taken six inches (6") above the ground up to, and including, four inch (4") caliper trees, and twelve inches (12") above the ground for larger sizes. Caliper is generally associated with nursery stock for new plantings.

COMMON AREA: That portion of a planned development that includes land, amenities, easements, and associated landscaping that has been designated on a plan or plat of subdivision and conveyed to a condominium or homeowners' association for its administration, maintenance and use.

CRITICAL ROOT ZONE: The area inscribed by an imaginary circular line on the ground beneath a tree, having at its center point the center of the trunk of the tree and a radius equal to one foot (1') for every inch of diameter at breast height.

DEVELOPMENT: Means and refers to any proposed physical change in the use of character of land including, but not limited to, the replacement of any structure or site improvements on land. When appropriate to the context, "development" may refer to the act of issuing any building permit.

DIAMETER AT BREAST HEIGHT (dbh): The diameter of the trunk of a tree, measured in inches, at a point four and one-half feet (41/2') above ground level or grade. This point of measurement shall be used for established mature trees.

LANDSCAPE EASEMENT: A landscaped area intended to enhance the appearance of a planned development and/or provide screening from public rights of way that has been designated on a plan or plat of subdivision and is maintained by a condominium or homeowners' association.

PLANNED DEVELOPMENT: A parcel of land, as specified by ordinance, developed according to plan as a single entity, and containing one or more structures with appurtenant common areas.

PROPERTY OWNER: The person owning property or a parcel of land as shown by the County Auditor's plat of DuPage County, Illinois.

REMOVE OR REMOVAL: The causing or accomplishing of the actual physical removal of a tree or the effective removal through damaging, poisoning, or other direct or indirect action resulting in, or likely to result in, the death of a tree.

SITE: That parcel of land for which a tree removal permit is sought.

TREE: A large, woody plant having one or several self- supporting stems or trunks and numerous branches; may be classified as deciduous or evergreen.

TREE PRESERVATION PLAN: A written plan having text and/or graphic illustrations indicating the methods which are to be used to preserve existing trees during construction.

TREE REMOVAL PERMIT: The permit required by this chapter in order to remove any tree within the corporate limits of the Village of Bloomingdale.

VILLAGE: The Village of Bloomingdale, DuPage County, Illinois. (Ord. 96-12, 3-25-1996)

   A.   Permit Required: A tree removal permit shall be required, per the procedure defined in section 11-16-4 of this chapter, to directly or indirectly cut down, destroy, remove, move, or effectively destroy, from any nonresidential planned development, common area or landscape easement in residential planned developments that are visible from an adjoining street, residentially zoned property one or more acres in area, or nonresidential property regardless of size:

      1.   Any live tree with a trunk size of six inches (6") in diameter or larger, as measured four and one-half feet (41/2') above ground level; or

      2.   Any live two (2) or more trees with an aggregate trunk size of twelve inches (12") in diameter or larger, as measured four and one-half feet (41/2') above the ground.

   B.   Failure To Obtain Permit: Failure to obtain a tree removal permit prior to removing trees will result in fines; required tree replacements; and/or suspension of permits issued for a parcel of land, according to criteria in section 11-16-7 of this chapter.

   C.   Emergencies: There may be times, however, when trees must be immediately removed by the Village or property owner to eliminate immediate threats to public or private property or public safety. The ability to remove a tree under these circumstances is addressed under section 11-16-5 of this chapter. (Ord. 96-12, 3-25-1996)

Subsection A of this section provides procedures and requirements for tree preservation and tree removal permits related to rezoning, subdivision, site plan approval and/or building permits. Because the Village finds it is in the best interests of the community to preserve and protect all trees from unnecessary or unreasonable damage and destruction, procedures and requirements have also been developed to regulate trees on private property when rezoning, subdivision, site plan approval or building permits are not required. These regulations are presented in subsection B of this section.

   A.   Rezoning, Subdivision, Site Plan Approval And/Or Building Permit: Every effort shall be made to retain existing trees by integrating them into site and landscape plans for rezoning, subdivisions, planned developments, and proposals for individual lot development. Trees shall not be removed without first obtaining a tree removal permit according to the following procedures and criteria: (Ord. 96-12, 3-25-1996; amd. 2012 Code)

      1.   Tree Removal Permit Application And Fee:

         a.   Applications for tree removal permits subject to this subsection may be obtained from the Building Department, and, upon completion, submitted to the Building Commissioner. The Building Commissioner, or appointed designee, shall be responsible for reviewing applications and issuing permits. No building or site development permits shall be issued until such time as there is compliance with the terms and conditions of this chapter, and a tree removal permit has been issued according to procedures set forth in this subsection. (Ord. 96-12, 3-25-1996; amd. 2012 Code; Ord. 2017-42, 11-13-2017)

         b.   The application for a tree removal permit shall be accompanied by the following:

            (1)   Name of applicant.

            (2)   Commonly known address of the lot or property where the tree(s) sought to be removed is located.

            (3)   A written statement indicating the reasons for removal of the tree(s).

            (4)   A tree identification plan, according to subsection A2 of this section.

            (5)   A tree preservation plan, as required under subsection A5 of this section.

            (6)   Name and address of contractor or other person who is proposed as having responsibility for tree removal.

         c.   A fee as established by the Village Board of Trustees shall be charged for each tree removal permit to cover the cost of staff review 1 . A single permit may authorize the removal of more than one tree but shall only apply to a single parcel of land. (Ord. 96-12, 3-25-1996; amd. 2012 Code)

      2.   Tree Identification Plan:

         a.   Applicability:

            (1)   A plan which identifies existing trees shall be submitted to the Building Commissioner as a part of the site plan review or plat approval process for subdivisions, planned developments, and the construction of residential, commercial, manufacturing and institutional buildings on individual lots; and

            (2)   Where site plan or plat approval is not required by this title or the Village subdivision control ordinance, the tree identification plan shall be submitted with drawings presented to the Building Commissioner for site development and building permits. (Ord. 96-12, 3-25-1996; amd. 2012 Code; Ord. 2017-42, 11-13-2017)

         b.   Plan Requirements: The tree identification plan shall:

            (1)   Be superimposed on the proposed grading plan and shall identify the location, size, condition and species of all trees on the property and existing trees that are twenty five feet (25') beyond all property lines which have a diameter at breast height (dbh) that is six (6) or more inches;

            (2)   Identify all trees with a dbh six (6) or more inches in size that are proposed to be removed; and

            (3)   Identify all groups (2 or more) of trees with an aggregate trunk size of twelve inches (12") in diameter or larger, as measured four and one-half feet (41/2') above grade, which are proposed to be removed.

      3.   Tree Preservation Requirements:

         a.   Every effort shall be made to preserve trees with a dbh that is six (6) or more inches, or groups (2 or more) of trees with an aggregate trunk size of twelve inches (12") in diameter or larger, as measured four and one-half feet (41/2') above grade, that are illustrated on the tree identification plan. The Village has the right to require an individual lot owner or developer to modify the proposed development as may be necessary to preserve existing, mature trees that substantially contribute to the aesthetics of the area or provide screening, shade, slope stabilization or wildlife habitat. Development modifications that may be required include, but are not limited to:

            (1)   Reconfiguring the proposed site plan including building location(s), street network and/or parking layout;

            (2)   Reducing the intensity of development; or (Ord. 96-12, 3-25-1996; amd. 2012 Code)

            (3)   Increasing the intensity of development on that portion of a property that does not include trees identified for preservation. Exceptions that may be required from the bulk regulations of the underlying zoning and/or subdivision control ordinances to accommodate the development shall, however, be presented to the Planning and Zoning Commission and Village Board for review and approval at a public hearing. (Ord. 96-12, 3-25-1996; amd. 2012 Code; Ord. 2014-48, 10-27-2014)

         b.   The Building Commissioner, or appointed designee, shall evaluate existing trees and proposed site development and shall, in conjunction with the individual lot owner or developer, determine which trees shall be preserved. All trees identified for preservation shall be preserved and protected according to procedures and requirements set forth in subsection A5 of this section.

         c.   The Building Commissioner, or appointed designee, shall also determine which trees may be removed and replaced, due to one or more of the following conditions: (Ord. 96-12, 3-25-1996; amd. 2012 Code; Ord. 2017-42, 11-13-2017)

            (1)   Necessity to remove trees in order to:

               (A)   Provide for essential grade changes;

               (B)   Provide for surface water drainage and utility installations;

               (C)   Reasonably maximize the property development potential while remaining consistent with the goals and objectives of the Village Comprehensive Land Use Plan and this chapter;

               (D)   Locate proposed building(s), structure(s), required parking, or access drive(s) without causing unreasonable economic hardship; and

               (E)   Observe reasonable forestry practices regarding the number, species and location of healthy trees the parcel will support.

            (2)   Necessity to remove trees which:

               (A)   Pose a safety hazard to pedestrian or vehicular traffic or threaten to cause disruption of public services;

               (B)   Pose a safety hazard to buildings, both existing and proposed;

               (C)   Are diseased or weakened by age, storm, fire or other injury; and

               (D)   Are fast growing, short lived, softwood trees. These include:

 

(Ord. 96-12, 3-25-1996; amd. 2012 Code)

      4.   Required Tree Replacement: Unless otherwise approved by the Building Commissioner, appointed designee, or the Village Board, trees which have been specified for removal for one or more reasons set forth in subsection A3 of this section shall be replaced according to the following: (Ord. 96-12, 3-25-1996; amd. 2012 Code; Ord. 2017-42, 11-13-2017)

         a.   Replacement trees shall either:

            (1)   Equal or exceed the size of the tree(s) removed; or

            (2)   Consist of smaller trees, not less than three inches (3") in caliper, as measured six inches (6") above grade, which, in combination, equal the size of the original tree(s); and

         b.   In no instance shall more than three (3) 3-inch caliper trees be required to replace any single tree, of any size, that will be removed. The Village finds this necessary to avoid unreasonable crowding of trees on the property that could otherwise occur if trees were replaced according to the formula specified in subsection A4a of this section. (Ord. 96-12, 3-25-1996; amd. 2012 Code)

         c.   Species selected for replacement trees shall be limited to the following, unless written approval from the Building Commissioner, or appointed designee, is obtained: (Ord. 96-12, 3-25-1996; amd. 2012 Code; Ord. 2017-42, 11-13-2017)

 

      5.   Tree Preservation Plan:

         a.   A tree preservation plan, establishing the methods to be used for protecting and preserving trees, shall be submitted once trees have been identified for preservation according to the process and criteria specified in subsections A3 and A4 of this section. This plan shall be submitted simultaneously with other documents prepared for final plan or final plat approval and/or building and site development permits, according to procedures set forth in applicable sections of this title and the Village subdivision control ordinance. (Ord. 96-12, 3-25-1996; amd. 2012 Code)

         b.   The tree preservation plan shall be subject to review and approval by the Building Commissioner, or appointed designee. The plan shall also be approved by the Village Board if it is part of a rezoning or development proposal that is reviewed by the Planning and Zoning Commission and Village Board according to established procedures for site plan review. (Ord. 96-12, 3-25-1996; amd. 2012 Code; Ord. 2014-48, 10-27-2014; Ord. 2017-42, 11-13-2017)

         c.   The preservation plan shall be superimposed on the proposed grading plan and shall show, at a minimum, the following:

            (1)   Size, species, condition and location of each tree approved for preservation;

            (2)   Protective fencing at the critical root zone of a tree or trees identified for preservation, or to the edge of disturbance, to protect trees from grading, and from root compaction by construction equipment. If construction is allowed to occur within the critical root zone of one side of a tree proposed for preservation, protective fencing shall be extended beyond the critical root zone of the other side of the tree in order to maximize protection of the root system. The area of the root system protected by protective fencing shall, in no case, be less than the total area of the critical root zone of the tree; (Ord. 96-12, 3-25-1996; amd. 2012 Code)

            (3)   Trees which are to be preserved, but which could be negatively affected during the construction process. The crowns and roots of all such trees shall, unless otherwise determined by the Building Commissioner, or appointed designee, be pruned by a qualified arborist, according to the tree pruning standards set by ANSI 2100 Code, to: (Ord. 96-12, 3-25-1996; amd. 2012 Code; Ord. 2017-42, 11-13-2017)

               (A)   Compensate for root loss due to construction; and

               (B)   Minimize damage to root systems;

            (4)   Areas where crushed limestone or other materials detrimental to the health of trees would be stored. Placement of these materials within a tree's drip line or at higher elevations where drainage would be routed toward a tree or stand of trees proposed for preservation shall be prohibited; and

            (5)   Areas proposed for washing concrete trucks. These areas should be designed and located such that wash water is directed into a silt trap and not allowed to be routed toward trees approved for preservation.

         d.   Approval of a development proposal, final plan or final plat of subdivision shall be withheld until all of the information required by this chapter has been submitted, and the evaluation of existing trees on the subject property has been completed by the Village. (Ord. 96-12, 3-25-1996; amd. 2012 Code)

         e.   The Village shall, at its discretion, have the right to retain a professional tree consultant/forester to review tree preservation plans and to submit a written report to the Building Commissioner. All expenses incurred by the Village for the use of the tree consultant shall be reimbursed by the developer.

      6.   Review Period:

         a.   After completion of the applicable public hearing or public meeting process, the Building Commissioner, or appointed designee, shall, within approximately three (3) weeks of the receipt of all final plans and support documentation set forth in subsections A1 through A5 of this section, either: (Ord. 96-12, 3-25-1996; amd. 2012 Code; Ord. 2017-42, 11-13-2017)

            (1)   Issue a tree removal permit; or

            (2)   Provide written documentation to the applicant which fully indicates why the request for a tree removal permit has been denied. (Ord. 96-12, 3-25-1996; amd. 2012 Code)

         b.   Additional time, however, may be required if the tree identification and tree preservation plans are being reviewed and evaluated by the Planning and Zoning Commission and Village Board as part of a rezoning, subdivision, or site plan approval process. (Ord. 96-12, 3-25-1996; amd. 2012 Code; Ord. 2014-48, 10-27-2014)

      7.   Inspection:

         a.   Site grading and other development shall not occur until such time as the Building Commissioner, or appointed designee, inspects the site to verify that tree protection measures are in place according to the approved plan. (Ord. 96-12, 3-25-1996; amd. 2012 Code; Ord. 2017-42, 11-13-2017)

         b.   The Village shall have the right to inspect the subject property at any time during the construction process in order to verify that the developer and contractor have protected trees according to the approved tree preservation plan.

         c.   In the event that a tree identified for preservation is destroyed or damaged during construction, such tree shall be replaced according to criteria set forth in subsection A4 of this section. (Ord. 96-12, 3-25-1996; amd. 2012 Code)

      8.   Development Ordinances: On sites designated for tree protection or tree preservation, the following standard provision will be included in the development ordinance regulating the site:

 

(Ord. 96-12, 3-25-1996; amd. 2012 Code; Ord. 2017-42, 11-13-2017)

   B.   Unrelated To Rezoning, Subdivision, Site Plan Approval And/Or Building Permits: The Village finds that it is in the best interests of the community to preserve existing trees on private property. Therefore, any live tree with a diameter at breast height (dbh) that is six (6) or more inches in size, or two (2) or more live trees with an aggregate trunk size of twelve inches (12") in diameter or larger, as measured four and one-half feet (41/2') above grade, shall not be removed from: nonresidential planned developments; common areas or landscape easements in residential planned developments that are visible from an adjoining street; residentially zoned properties which are one or more acres in area; or any nonresidential property, regardless of size, without first obtaining a tree removal permit according to the following procedures and criteria: (Ord. 96-12, 3-25-1996)

      1.   Tree Removal Permit Application And Fee:

         a.   Applications for tree removal permits subject to this subsection may be obtained from the Building Department, and, upon completion, submitted to the Building Commissioner. The Building Commissioner, or appointed designee, shall be responsible for reviewing applications and issuing a tree removal permit. (Ord. 96-12, 3-25-1996; amd. Ord. 2017-42, 11-13-2017)

         b.   The application for a tree removal permit shall be accompanied by the following:

            (1)   Name of applicant;

            (2)   Commonly known address of lot or property where the tree(s) sought to be removed is located;

            (3)   A written statement indicating the reason for removal of the tree(s);

            (4)   A drawing of the site, drawn to scale, which shows:

               (A)   The location, size, species and condition of the tree(s) for which a tree removal permit is sought; and

               (B)   The location, size and species of all required replacement trees;

            (5)   A written description of other trees on the lot, including size, condition, number and species; and

            (6)   Name and address of the contractor or other person who is proposed as having responsibility for tree removal. (Ord. 96-12, 3-25-1996)

         c.   A fee as established by the Village Board of Trustees shall be charged for each tree removal permit to cover the cost of staff review 2 . A single permit may authorize the removal of more than one tree but shall only apply to a single parcel of land. (Ord. 96-12, 3-25-1996; amd. 2012 Code)

      2.   Justification For Permit:

         a.   The Building Commissioner, or appointed designee, shall determine which trees may be removed and replaced based on, but not limited to, one of the following reasons: (Ord. 96-12, 3-25-1996; amd. Ord. 2017-42, 11-13-2017)

            (1)   The tree is dying;

            (2)   The tree poses a safety hazard to pedestrian or vehicular traffic or threatens to cause disruption of public services;

            (3)   The tree poses a safety hazard to buildings, both existing and proposed;

            (4)   The tree is diseased or weakened by age, storm, fire or other injury;

            (5)   The tree is a willow, silver maple, or other fast growing, short lived, softwood tree (see subsection A3c(2) of this section);

            (6)   Removal of the tree is consistent with reasonable forestry practices regarding the number, species and location of healthy trees the parcel will support;

            (7)   Removal of the tree will avoid or alleviate an economic hardship or hardship of another nature on either the lot or the residence located on the lot. (Ord. 96-12, 3-25-1996)

         b.   A tree removal permit shall also be required for the removal and transplanting of a tree with a dbh six (6) or more inches to another location. The Building Commissioner, or appointed designee, shall have the authority to deny the application if it is determined that the tree cannot reasonably be expected to survive the transplant procedure unless suitable replacement is provided according to subsection A4 of this section.

      3.   Required Tree Replacement:

         a.   Unless otherwise approved by the Building Commissioner, or appointed designee, or the Village Board, trees which have been specified for removal for one or more reasons set forth in subsection B2 of this section, shall be replaced according to subsection A4 of this section.

         b.   The Village encourages the replacement of trees for which a tree removal permit has been issued, even though the Building Commissioner, or appointed designee, may not require such replacement.

      4.   Review Period: The Building Commissioner, or appointed designee, shall, within approximately three (3) weeks of the receipt of all plans and support documentation set forth in subsection B1 of this section either: (Ord. 96-12, 3-25-1996; amd. Ord. 2017-42, 11-13-2017)

         a.   Issue a tree removal permit; or

         b.   Provide written documentation to the applicant which fully indicates why the request for a tree removal permit has been denied. (Ord. 96-12, 3-25-1996)

   A.   Emergency Removal By Owner: In the event that any tree shall endanger the public health, safety, welfare or property and requires immediate removal without delay (e.g., a tree which has been struck by lightning or which has been blown over): (Ord. 96-12, 3-25-1996; amd. 2012 Code)

      1.   Verbal authorization may be given by the Building Commissioner, or appointed designee, and the tree removed without obtaining a written permit as herein required. Such verbal authorization shall later be confirmed in writing by the Building Commissioner upon written application by the applicant; or

      2.   If neither the Building Commissioner nor the appointed designee is available to issue such verbal authorization, it shall be lawful to proceed with the cutting of the tree to the extent necessary to avoid immediate danger or hazard. However, the person causing the cutting shall report the action taken in writing to the Building Commissioner within forty eight (48) hours. (Ord. 96-12, 3-25-1996; amd. 2012 Code; Ord. 2017-42, 11-13-2017)

      3.   Emergency removal shall be subject to replacement per subsection 11-16-4A4 or B3 (as applicable) of this chapter.

   B.   Emergency Removal By Village:

      1.   The Village shall have the right to cause the removal of any dead or diseased trees on private property within the Village when such trees constitute a hazard to life and property or harbor insects or disease which constitute a potential threat to other trees within the Village: (Ord. 96-12, 3-25-1996; amd. 2012 Code)

         a.   The Building Commissioner, or appointed designee, shall issue written notice of such condition to the owner of the property upon which the tree is located and request immediate removal of the tree. The notice shall be sent by certified mail.

         b.   If the person to whom the notice is issued fails to respond within ten (10) days of the receipt of the certified mail, the Building Commissioner, or appointed designee, may remove the tree at the expense of the owner. (Ord. 96-12, 3-25-1996; amd. 2012 Code; Ord. 2017-42, 11-13-2017)

         c.   The cost of removing the tree may be recovered by the Village through any appropriate legal proceeding against the property. The cost of removal shall be deemed to include any and all incidental expenses, as well as all direct and indirect costs incurred by the Village in connection with removal of the tree, including legal fees, court costs, and related trial expenses. (Ord. 96-12, 3-25-1996; amd. 2012 Code)

         d.   The Building Commissioner, or appointed designee, may cause any tree which is an immediate threat to the health, welfare and/or safety of persons or property to be removed summarily and without notice. (Ord. 96-12, 3-25-1996; amd. 2012 Code; Ord. 2017-42, 11-13-2017)

All trees preserved or replaced as required by this chapter shall be provided and maintained by the owner of the property. (Ord. 96-12, 3-25-1996)

   A.   Penalty: Any person, firm, or private or public corporation failing to adhere to the provisions of this chapter shall, upon conviction, be punishable as provided in section 1-4-1 of this Code. (Ord. 96-12, 3-25-1996; amd. 2012 Code)

   B.   Replacement Trees Required: Replacement trees shall be planted according to the formula set forth in subsection 11-16-4A4 of this chapter whenever trees subject to the terms and conditions of this chapter have been removed without a tree removal permit by the property owner, the property owner's contractor, agent, or employee, or any individual or entity authorized to be on the property owner's property. (Ord. 96-12, 3-25-1996)

   C.   Suspension Of Permit: The Village may suspend any and all permits issued for a parcel of land if the Village determines that the provisions of this chapter are not being adhered to. Suspension of permits shall be repealed only at such time as it is determined by the Building Commissioner, or appointed designee, that the owner of the property, or his or her designee, is in compliance with the approved tree preservation plan. (Ord. 96-12, 3-25-1996; amd. 2012 Code; Ord. 2017-42, 11-13-2017)

   A.   Any applicant may appeal the denial of a tree removal permit, and a person or entity deemed by the Building Commissioner to be in violation of this chapter may appeal the suspension of permits by the Village, by filing a written appeal with the Village Clerk within thirty (30) days of the denial of a permit or suspension of permits. (Ord. 96-12, 3-25-1996; amd. 2012 Code; Ord. 2017-42, 11-13-2017)

   B.   The appeal shall be referred to the Planning and Zoning Commission who shall, in all instances, make the final administrative determination, consistent with procedures set forth in section 11-3-7 of this title. (Ord. 96-12, 3-25-1996; amd. Ord. 2014-48, 10-27-2014)

The specific terms and conditions of this chapter shall prevail against other ordinances of the Village to the extent that there might be any conflict. (Ord. 96-12, 3-25-1996)