Elgin City Zoning Code

CHAPTER 19

16. - TREE PRESERVATION

19.16.010. - Purpose.

The preservation, protection, and replacement of trees under this chapter is intended to accomplish the following benefits:

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:

Reducing energy consumption through summer shade and protection from winter wind;

Providing a buffer and screen against noise, light, and pollution; and

Reducing air pollution through the removal of harmful carbon dioxide and the generation of oxygen;

Protect and increase property values in a manner that maintains each property owner's enjoyment of property owners property;

Recognize and maintain the historic significance and natural heritage of the city;

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;

Stabilize topsoil by preventing or minimizing soil erosion and sedimentation;

Restore, to the greatest extent possible, the denuded soil that results from construction and grading work accompanying development;

Assist in controlling stormwater runoff;

Protect existing healthy trees during the course of construction and development;

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.

(Ord. No. G12-13, 2013; Code 1976, § 19.16.010)

19.16.020. - Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Building activity area means 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 means 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 chapter, the certified arborist would be the choice of the city, whose services would be paid for by the party responsible for the project.

Condition rating means rating system used to determine the health and overall condition of a tree on a six (6) point scale, with a rating of one (1) being the best and six (6) the worst.

Construction activity means all new planned developments and subdivisions in the city 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) means 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 (1) foot of radius for every one (1) inch of tree dbh.

Crown means parts of a tree above the trunk including leaves, branches and scaffolds.

Damage means 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, attaching 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, The term "damage" does not include the pruning of trees in accordance with national pruning standards.

Diameter breast height (dbh) means the diameter of a tree measured at four and one-half (4½) feet above the grade existing at the base of a tree.

Diseased tree means any of the following types of trees:

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;

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;

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);

Trees or parts thereof of ash infected with, or that may serve as breeding places for, the emerald ash borer (Agrilus planipennis Fairmaire); or

Trees harboring other diseases or infestations that create a condition that is otherwise unsafe and a hazard to the urban forest.

Impact means 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, the term "impact" does not include the pruning of trees in accordance with national pruning standards.

Lot means any lot of record in the city, or any lot as defined in the city zoning regulations.

National pruning standards means 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 means 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) means 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 (1) foot of radius for every one (1) inch of tree dbh.

Remove or removal means 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, the term "remove" or "removal" does not include the pruning of trees in accordance with national pruning standards.

Tree means a woody, self-supporting perennial plant usually with one (1) trunk, or a multi-stemmed trunk system, and having a crown.

Tree banking means a program that allows a monetary donation for the planting of trees within the city.

Tree caliper means a unit of measurement for diameter, taken six (6) inches above the ground for trees having a caliper of up to and including four (4) inches, and taken twelve (12) inches above the ground for trees having a caliper larger than four (4) inches.

Tree preservation area means 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 means 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.

Tree protection devices means 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 removal permit means the required written permit issued in order to remove any tree within the corporate limits of the city.

Tree survey means 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.

(Ord. No. G12-13, 2013; Code 1976, § 19.16.020)

19.16.030. - Exceptions.

The following properties and/or entities shall be exempt from the tree preservation requirements of this chapter:

Single-family residentially zoned lots that are less in area than two (2) acres on which a residence has been constructed and occupied.

Commercial nurseries or orchards.

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 timeframe for a development in a planned development ordinance or other applicable ordinance.

Parkway trees within a public right-of-way.

Property owned by the city, state, the United States government, public school districts, public forest preserve districts, counties, townships, Elgin Community College or public utility companies.

It is the policy of the city to attempt to follow the spirit and intent of this chapter, as it would apply to its own property, where practical.

(Ord. No. G12-13, 2013; Code 1976, § 19.16.030)

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, 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.

Tree removal permits shall be issued for the following reasons:

The tree is dead or dying;

The tree is diseased;

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

Removal of the tree is consistent with good forestry practices.

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:

Name and address of applicant;

Name, address, telephone number, facsimile number and e-mail address of contractor or other person responsible for tree removal;

Tree survey indicating the tree to be removed, including species, size and condition;

The reasons for removal of any trees; and

A letter of credit equaling the cost of replacement of the trees that are to be removed.

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.

(Ord. No. G12-13, 2013; Code 1976, § 19.16.040)

19.16.050. - Removal and replacement standards.

Basis of tree replacement. 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 (1), two (2) or three (3) 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 subsection C of this section. 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.

Condition rating.

Rating	Description	General Criteria
1	Excellent	The tree is typical of the species, has less than 10 percent 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 percent deadwood in the crown, only 1 or 2 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 percent deadwood in the crown, 1 or 2 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 to 50 percent 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 percent 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 percent of the tree shows signs of life

Tree list.

Common Name	Botanical Name	Cultivar	Tree Type	Species Group	Native To IL	Hardiness Zone
Arborvitae, Eastern (also Eastern White cedar)	Thuja occidentalis	Emerald, Nigra, Pyramidalis Wintergreen	Evergreen	A	No	3 to 7
Ash, Blue	Fraxinus quadrangulata	Newport	Shade Tree	D	Yes	4 to 7
Ash, European	Fraxinus excelsior	Aurea, Hessei	Shade Tree	D	No	5 to 7
Ash, Green	Fraxinus pennsylvanica	Honeyshade, Marshall Seedless, Patmore, Summit	Shade Tree	D	Yes	3 to 9
Ash, Mountain	Sorbus americana		Ornamental/Small Tree	D	Yes	2 to 5
Ash, White	Fraxinus americana	Autumn Applause, Autumn Purple, Champaign County, Chicago Regal, Elk Grove, Rosehill, Royal Purple, Skyline, Windy City	Shade Tree	D	Yes	4 to 9
Baldcypress	Taxodium distichum		Shade Tree	A	Yes	4 to 11
Beech, American	Fagus grandifolia		Shade Tree	B	Yes	4 to 9
Beech, European	Fagus sylvatica	All cultivars	Shade Tree	B	No	4 to 7
Birch, Paper	Betula papyrifera	Chickadee, Snowy	Shade Tree	D	Yes	2 to 7
Birch, River	Betula nigra		Ornamental/Small	B	Yes	3 to 9
Boxelder	Acer negundo	Auratum, Flamingo, Kelly's Gold, Violaceum	Shade Tree	D	Yes	3 to 9
Buckeye, Ohio	Aesculus glabra		Shade Tree	B	Yes	4 to 7
Catalpa	Catalpa speciosa		Shade Tree	D	Yes	4 to 8
Cedar, Eastern Red	Juniperus virginiana	Canaertii, Taylor	Evergreen	B	Yes	3 to 9
Cherry, Black	Prunus serotina	White Sparkle	Shade Tree	C	Yes	3 to 9
Cherry, Japanese Flowering		Amanogawa, Kwanzan, Royal Burgundy, Shirofugen, Shirotae, Shogetsu	Ornamental/Small Tree	D	No	5 to 7
Chokeberry, Amur	Prunus maackii	Amber Beauty	Shade Tree	B	No	3 to 6
Coffeetree, Kentucky (female only)	Gymnocladus dioicus	Prairie Titan	Shade Tree	B	Yes	3 to 8
Coffeetree, Kentucky (male only)	Gymnocladus dioica		Shade Tree	A	Yes	3 to 8
Cottonwood (female only)	Populus deltoides		Shade Tree	D	Yes	3 to 9
Cottonwood (male only)	Populus deltoides	Siouxland	Shade Tree	C	Yes	3 to 9
Crabapple, Flowering	Malus spp.		Ornamental/Small Tree	A	Yes	4 to 7
Crabapple, Flowering	Malus spp.		Ornamental/Small Tree	B	Yes	4 to 7
Dogwood, Pagoda	Cornus alternifolia		Ornamental/Small Tree	B	Yes	3 to 7
Douglas Fir	Pseudotsuga menziesii		Evergreen	A	Yes	3 to 6
Elm, American	Ulmus americana	Delaware #2, Jefferson, Princeton, Valley Forge	Shade Tree	D	Yes	3 to 9
Elm, Chinese	Ulmus parvifolia	Dynasty, Frosty	Shade Tree	B	No	4 to 9
Elm, hybrid	Ulmus hybrids	Accolade, Homestead, Jacan, Pioneer, Regal, Sapporo Autumn Gold	Shade Tree	B	No	4 to 9
Elm, Red (Slippery)	Ulmus rubra		Shade Tree	D	Yes	3 to 9
Elm, Rock	Ulmus thomasii		Shade Tree	D	Yes	3 to 7
Elm, Siberian	Ulmus pumila	Chinkota, Coolshade, Dropmore, Lincoln, Morton Plainsman, New Horizon, Pendula, Urban	Shade Tree	D	No	4 to 9
Filbert, Turkish	Corylus colurna		Shade Tree	A	No	4 to 7
Ginkgo, male only	Ginkgo biloba	Autumn Gold, Fairmount, Fastigiata, Lakeview, Princeton Sentry	Shade Tree	B	No	4 to 8
Hackberry, Common	Celtis occidentalis		Shade Tree	A	Yes	3 to 9
Hawthorn, Cockspur	Crataegus crus-galli var. inermis		Ornamental/Small Tree	A	Yes	4 to 6
Hawthorn, Downy	Crataegus mollis		Ornamental/Small Tree	C	Yes	3 to 6
Hawthorn, English	Crataegus laevigata	Crimson Cloud, Paul's Scarlet, Snowbird, Toba	Ornamental/Small Tree	D	No	4 to 7
Hawthorn, Washington	Crataegus phaenopyrum		Ornamental/Small Tree	B	No	4 to 8
Hickory, Shagbark	Carya Ovata		Shade Tree	B	Yes	4 to 8
Honeylocust, Common	Gleditsia triacanthos		Shade Tree	D	Yes	4 to 9
Honeylocust, Thornless	Gleditsia triacanthos f. inermis	Green Glory, Imperial, Majestic, Shademaster, Skyline	Shade Tree	A	Yes	4 to 9
Hornbeam, American (Blue Beech)	Carpinus caroliniana		Ornamental/Small Tree	B	Yes	3 to 9
Horsechestnut, Common	Aesculus hippocastanum	Baumannii	Shade Tree	B	No	4 to 7
Lilac, Japanese Tree	Syringa reticulate	Ivory Silk	Ornamental/Small Tree	B	No	3 to 7
Lilac, Peking	Syringa pekinensis		Ornamental/Small Tree	B	No	4 to 7
Linden, American (Basswood)	Tilia americana	Fastigiata, Redmond	Shade Tree	B	Yes	3 to 8
Linden, Littleleaf	Tilia cordata	Greenspire, June Bride	Shade Tree	B	No	3 to 7
Linden, Redmond	Tilia euchlora	Redmond	Shade Tree	A	No	3 to 7
Locust, Black	Robinia pseudoacacia	Frisia, Idaho, Purple Robe, Pyramidalis, Semperflorens	Shade Tree	D	Yes	4 to 8
Magnolia, Saucer	Magnolia x soulangiana		Ornamental/Small Tree	B	No	4 to 9
Magnolia, Star	Magnolia stellata	Centennial, Rosea, Royal Star, Waterlily	Ornamental/Small Tree	B	No	4 to 9
Maple, Amur	Acer tataricum subsp. Ginnala	Compactum, Durand Dwarf, Flame, Red Fruit	Ornamental/Small Tree	B	No	3 to 8
Maple, Black	Acer nigrum	Greencolumn	Shade Tree	A	Yes	4 to 8
Maple, Hedge	Acer campestre	Marimo, Queen Elizabeth	Ornamental/Small Tree	B	No	4 to 8
Maple, Norway	Acer plantanoides	Crimson King, Columnare, Deborah, Drummondii, Emerald Lustre, Erectum, Green Lace, Royal Red, Schwedleri	Shade Tree	B	No	4 to 7
Maple, Red	Acer rubrum	Armstrong, Autumn Flame, Columnare, Red Sunset, October Glory	Shade Tree	B	Yes	3 to 9
Maple, Silver	Acer saccharinum	Beebe, Laciniatum, Silver Cloud, Silver Queen, Skinner	Shade Tree	C	Yes	3 to 9
Maple, Sugar	Acer saccharum	Green Mountain, Legacy, Sweet Shadow, Wright Brothers	Shade Tree	A	Yes	4 to 8
Mulberry, Red (female only)	Morus alba		Shade Tree	D	Yes	5 to 9
Mulberry, Red (male only)	Morus rubra		Shade Tree	C	Yes	5 to 9
Mulberry, White (female only)	Morus rubra		Shade Tree	D	Yes	4 to 9
Mulberry, White (male only)	Morus alba	Fruitless, Mapleleaf	Shade Tree	C	Yes	4 to 9
Oak, Bur	Quercus macrocarpa		Shade Tree	A	Yes	3 to 8
Oak, Chestnut	Quercus prinus		Shade Tree	B	Yes	4 to 8
Oak, Chinquapin	Quercus muehlenbergii		Shade Tree	A	Yes	4 to 7
Oak, English	Quercus robur	Autopurpurea, Concordia, Filicifolia, Michround, Pendula, Pyramich, Skyrocket, Variegata	Shade Tree	B	No	4 to 8
Oak, Hill's	Quercus ellipsoidalis		Shade Tree	B	No	4 to 6
Oak, Pin	Quercus palustris	Crownright, Green Pillar, Sovereign	Shade Tree	B	Yes	4 to 8
Oak, Red	Quercus rubra		Shade Tree	B	Yes	3 to 7
Oak, Swamp White	Quercus bicolor		Shade Tree	A	Yes	4 to 8
Oak, White	Quercus alba		Shade Tree	A	Yes	3 to 9
Olive, Russian	Elaeagnus angustifolia		Ornamental/Small Tree	D	No	2 to 7
Pear, Flowering	Pyrus calleryana	Chanticleer, Red Spire, Whitehouse	Shade Tree	A	No	5 to 9
Pine, Austrian	Pinus Nigra		Evergreen	C	No	3 to 7
Pine, Eastern White	Pinus strobus	Contorta, Fastigiata, Pendula	Evergreen	B	Yes	3 to 7
Pine, Red	Pinus resinosa		Evergreen	C	Yes	2 to 5
Pine, Scots	Pinus sylvestris	Aurea, Beauvronensis, Fastigiata	Evergreen	D	No	3 to 7
Planetree, London	Platanus x acerifolia	Bloodgood, Columbia, Liberty, Metzam, Yarwood	Shade Tree	B	No	4 to 8
Poplar, Black Lombardy	Populus nigra Italica	Majestic, Thevestin	Shade Tree	D	No	3 to 9
Poplar, White	Populus alba	Pyramidalis	Shade Tree	D	No	3 to 8
Redbud, Eastern	Cercis canadensis	Flame, Wither's Pink Charm	Ornamental/Small Tree	B	Yes	4 to 9
Redwood, Dawn	Metasequoia glyptostroboides		Shade Tree	C	No	4 to 8
Serviceberry, Allegheny	Amalanchier Laevis		Ornamental/Small Tree	B	Yes	4 to 9
Serviceberry, Apple	Amalanchier x grandiflora	Autumn Brilliance, Ballerina, Princess Diana, Robin Hill, Strata	Ornamental/Small Tree	B	Yes	4 to 9
Serviceberry, Downy	Amalanchier arborea		Ornamental/Small Tree	B	Yes	4 to 9
Serviceberry, Saskatoon	Amalanchier alnifolia		Ornamental/Small Tree	B	Yes	4 to 9
Spruce, Colorado Blue	Picea pungens		Evergreen	B	No	3 to 8
Spruce, Norway	Picea abies		Evergreen	B	No	3 to 7
Spruce, White	Picea glauca		Evergreen	B	Yes	2 to 6
Sweetgum	Liquidambar styriciflua	Grazam, Moraine, Variegata	Shade Tree	C	Yes	5 to 9
Sycamore	Platanus occidentlais		Shade Tree	C	Yes	4 to 9
Tree of Heaven	Ailanthus altissima		Shade Tree	D	No	4 to 8
Tulip Tree	Liriodendron tulipifera	Aureomarginatum	Shade Tree	B	Yes	4 to 9
Walnut, Black	Juglans nigra	Laciniata	Shade Tree	C	Yes	4 to 9
Willow, Corkscrew	Salix matsudana Toruosa		Shade Tree	D	No	5 to 8
Willow, Weeping	Salix alba	f. argentea, Britzensis, Tristis	Shade Tree	D	No	2 to 8
Zelkova	Zelkova serrata	Goshiki, Green Vase, Halka, Spring Grove Village Green	Shade Tree	D	No	4 to 8

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
C	10
D	5

Guaranty of replacement. At the time of replacement of the trees, the owner shall provide to the city a copy of a written guaranty from the vendor of the tree to the owner that the tree will be replaced if the tree dies or becomes diseased within one (1) year after the installation of the trees. The owner shall provide for reasonable maintenance of a replacement tree 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 (1) year after the installation of the tree.

No replacement required for dead or dying trees. Except as provided in subsection E of this section, 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.

Tree banking. 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 trees otherwise required under this chapter. The fee to be charged in lieu of replacing any tree shall be in the amount as provided in the most recently enacted ordinance establishing fees for various city services, permits, licenses, use of facilities and other matters. 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.

(Ord. No. G12-13, 2013; Code 1976, § 19.16.050)

19.16.060. - Tree preservation involving construction.

A tree preservation plan shall be submitted as an attachment to the application for:

A building permit or other permit in connection with projects involving construction activity; or

Zoning petitions or applications involving site plan or development plan approval.

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.

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:

The tree preservation area and building activity area;

Steps to be taken to provide tree protection devices adjacent to the tree preservation area. Detailed drawings of the protection devices shall be included;

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;

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;

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;

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 premeeting with city staff is recommended prior to preparing a tree survey.

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.

Work shall not begin on the site, until the site has been inspected by the city for compliance with the tree preservation plan.

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.

(Ord. No. G12-13, 2013; Code 1976, § 19.16.060)

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:

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.

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.

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.

No attachments, signs, fences or wires, other than those approved for bracing, guying or wrapping, shall be attached to trees during the construction period.

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.

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.

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.

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.

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.

(Ord. No. G12-13, 2013; Code 1976, § 19.16.070)

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.

(Ord. No. G12-13, 2013; Code 1976, § 19.16.080)

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 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.

(Ord. No. G12-13, 2013; Code 1976, § 19.16.090)

19.16.100. - Penalty.

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.

Failure to obtain a tree removal permit prior to removing trees shall result in a fine of two hundred dollars ($200.00) per inch of tree diameter measured at dbh.

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.

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.

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 two and one-half (2½) inches.

Any violation of this chapter in which the dbh and/or species of a tree cannot be determined, the tree shall be replaced with sixteen (16) trees with a minimum caliper of two and one-half (2½) inches, and any other penalties pursuant to this chapter.

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.

(Ord. No. G12-13, 2013; Code 1976, § 19.16.100)