The tree conservation requirements specified herein are intended to foster responsible development and to prevent the unnecessary clearing and disturbing of land. The intent of this chapter is to encourage the preservation of existing trees by establishing regulations regarding the removal of large, healthy, highly rated trees, as defined herein, and ensuring the replacement of such trees within the city so as to safeguard the ecological and aesthetic environment of the community.

The city council finds that trees are unique and intrinsic assets. Due to their size, species, historic association and ecology, they contribute significantly to the health and general welfare of the citizens of a community. It is the policy of the city council of the city of Geneva to preserve, protect and maintain, to the greatest extent possible, existing trees within the city. The roles of trees are to:

A.

Enhance the unique physical, historical and aesthetic character of Geneva, and are part of its identity as signified by the oak tree on the city emblem.

B.

Aid in controlling stormwater runoff, stabilizing soil by preventing erosion and sedimentation, and replenishing ground water supplies.

C.

Enhance air quality by removing carbon dioxide, generating oxygen and filtering air pollutants.

D.

Reduce noise through buffering and screening.

E.

Reduce energy consumption by providing shade and a windbreak effect.

F.

Enhance the habitat and food source for birds and other wildlife, which in turn control insect populations and maintain the balance of natural ecosystems.

G.

Enhance property values and create a desirable commercial environment.

(Ord. 2004-11, 2-17-2004, eff. 5-3-2004; Ord. 2017-19, § 4, 7-17-2017)

This section shall be applicable to all private parcels of land that are more than 1.5 acres in size, or parcels of land requiring review and approval of tree preservation plans as set forth in section 11-10A-4 of this chapter. No live Class A or Class B tree(s) shall be removed without first obtaining a tree removal permit.

A.

Exception, Emergency: A tree removal permit is not required when removal is necessary due to an emergency situation posing an immediate threat to a person, property or the community, and where such emergency renders compliance with the tree removal permit process unreasonable. If permission to remove a tree in an emergency situation cannot be promptly obtained from the community development department, the tree may be removed, providing the person removing the tree notifies the department within forty eight (48) hours of the removal and provides the reason for the removal.

B.

Tree Removal Permit Application: An application for a tree removal permit shall be made to the community development department. The application shall include a written statement indicating the reasons for the removal of the tree(s), a map of the parcel of land indicating the location of the tree(s) to be removed; and a tree preservation plan if the provisions set forth in section 11-10A-4 of this chapter pertaining to formal site plan review, preliminary planned unit development plan review and preliminary subdivision plat review are applicable to the site.

C.

Basis For Tree Removal Permit Approval: The community development department may approve an application for a tree removal permit under one (1) or more of the following circumstances:

1.

Safety Hazard: The tree poses a safety hazard to persons, property or the community, which cannot be remedied by proper tree pruning techniques alone.

2.

Diseased Or Weakened Trees: The tree is substantially diseased or weakened by age, storm, fire or other injury.

3.

Observation Of Good Forestry Practice: Removal of one (1) or more specified trees is in accordance with good forestry practice, such as when the parcel of land will only support a certain number of healthy, preservable trees that is less than the number of existing preservable trees on the parcel.

4.

All Reasonable Efforts Undertaken: All reasonable efforts have been undertaken in the land planning, architectural and engineering design of the proposed building(s), development or site improvements to minimize tree damage and/or removal, and the tree or trees must be removed to provide adequate space for the permitted construction.

5.

Approved Tree Preservation Plan: Formal approval of a site plan (see chapter 14, article A of this title), preliminary planned unit development plan approval (see chapter 9 of this title), or preliminary subdivision plat approval (see title 12 of this code). (Ord. 2004-11, 2-17-2004, eff. 5-3-2004; Ord. 2017-19, § 4, 7-17-2017)

The city council may approve, upon the recommendation of the community development department staff, the city's professional forester or planning and zoning commission, tree preservation plans for development parcels more than 1.5 acres in size that are submitted in conjunction with other plans submitted for proposed developments requiring one of the following:

A.

Site plan approval.

B.

Preliminary subdivision plat approval.

C.

Preliminary planned unit development plan approval.

No live tree(s) with a trunk diameter of four inches (4") or greater shall be removed from a site undergoing land development except as permitted by an approved tree preservation plan. (Ord. 2004-11, 2-17-2004, eff. 5-3-2004; Ord. 2017-19, § 4, 7-17-2017; Ord. No. 2019-17, § 48, 8-5-2019)

All tree surveys and tree preservation plans shall be prepared by an ISA certified arborist or state of Illinois registered landscape architect. (Ord. 2004-11, 2-17-2004, eff. 5-3-2004; Ord. 2017-19, § 4, 7-17-2017)

The tree survey shall contain the following information:

A.

A tree survey showing the location, condition rating, species (both scientific and common names) and trunk diameter of all trees located on the parcel, municipal trees and border trees with a trunk size of four inches (4") or greater. Trees shall be measured in accordance with the American Association of Nurserymen's Industry Standard (AANIS 260.1). The caliper of the trunk shall be taken at 4.5 feet for all sizes.

B.

The condition rating of the trees shown on the tree survey shall be determined using the following rating criteria: ^[19]

C.

The community development department staff or the city's professional forester may waive the tree survey requirement on those portions of the site that are determined unaffected by the proposed development activity. (Ord. 2004-11, 2-17-2004, eff. 5-3-2004; Ord. 2017-19, § 4, 7-17-2017)

The tree preservation plan shall contain the following information:

A.

A plan sheet indicating the location of each tree and whether each tree is proposed to be removed, relocated, or preserved at its present location.

B.

The location of the critical root zone of each tree to be preserved.

C.

The location and type of tree protection measures to be implemented on the development site.

D.

A listing of the parties to be responsible for the construction, erection and maintenance of temporary fencing or other tree protection measures to be used during construction.

E.

The location, shape and spatial arrangement of existing and proposed buildings, walls, improvements and structures (including proposed development such as decks, balconies, signs, fences, drives, walks, patios, etc.).

F.

The location, shape and spatial arrangement of temporary material storage areas and all permanent driveways, parking areas, and accessways.

G.

The location of any new utility services including water, sanitary sewer, storm sewer, gas, electric, telephone, and cable TV, and any existing utility services that will be removed or modified.

H.

A plan showing existing and proposed grading showing elevations with contour lines at one foot (1') intervals if a grading plan is required by another part of this code as part of a building permit application. (Ord. 2004-11, 2-17-2004, eff. 5-3-2004; Ord. 2017-19, § 4, 7-17-2017)

It is the intent of this chapter to encourage each applicant to retain healthy and desirable tree species in the development of a site plan and landscape/land management plan for the proposed development. Class A (key specimen trees), Class B (significant trees), municipal trees and border trees shall be preserved, or replaced in accordance with the provisions of this chapter. The applicant shall consult with the community development department staff or the city's professional forester during the early stages of site planning to accomplish the preservation or replacement of trees at the site and prior to the preparation of any development plans. (Ord. 2004-11, 2-17-2004, eff. 5-3-2004; Ord. 2017-19, § 4, 7-17-2017)

A.

In the event, after consultation with the community development staff and the city's professional forester, it is determined that there is no viable and practical alternative except to remove one (1) or more Class A, Class B or municipal trees, the city council may grant relief from the tree preservation requirements by approving the planting of replacement trees. In such cases, removed trees shall be replaced with replacement trees at the following ratios:

Class A trees shall be replaced on a two (2) times the diameter inch basis (Example: A twenty-four inch (24") tree should be replaced with new trees totaling forty-eighty inches (48") in caliper).

Class B trees shall be replaced on a caliper inch per diameter inch basis (Example: A twenty-four inch (24") tree should be replaced with new trees totaling twenty-four inches (24") in caliper).

Municipal trees that qualify as Class A or Class B shall be replaced as such. Municipal trees that do not qualify in Class A or B shall be replaced on a two (2) trees per one (1) tree removed basis.

B.

Replacement trees shall be selected from the city's recommended tree list or as may be approved by the community development department staff or the city's professional forester.

C.

In the event the community development department staff, the city's professional forester or planning and zoning commission determine that a particular site is insufficient in size to plant additional trees (replacement trees), the city council may approve monetary contributions by the applicant to the city tree bank fund for replacement trees. Replacement tree costs for the purposes of this subsection shall be based on a three (3) year average of the retail cost for the least expensive tree on the city's recommended tree list, at a 2.5 inch caliper. The city will provide a current replacement tree cost to the applicant. Replacement trees shall be a minimum of 2.5 inches in caliper and be guaranteed for a period of one (1) year. Smaller sizes may be planted if in the opinion of the city's professional forester the smaller caliper tree is the standard horticultural recommendation for the particular species or location.

(Ord. 2004-11, 2-17-2004, eff. 5-3-2004; Ord. 2017-19, § 4, 7-17-2017; Ord. No. 2019-17, § 49, 8-5-2019)

A copy of the tree preservation plan shall be kept on the project site at all times and shall be administered by the applicant or his/her designee. The tree preservation plan shall include the following protective measures to be maintained during construction to prevent the destruction or damaging of Class A trees, Class B trees, municipal trees or border trees in connection with new development proximate to existing trees:

A.

No construction activity, movement, and/or placement of equipment or material or spoils storage shall be permitted within the critical root zone of Class A, Class B or municipal tree. No excess soil, additional fill, liquids or construction debris shall be placed within the critical root zone of a protected tree.

B.

Appropriate protective tree fencing shall be installed for protection of trees.

C.

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

D.

Other root zone protection measures such as mulching, construction pruning, root pruning, crown pruning, trunk wrapping, directional boring, root zone bridges and fertilization of trees directly affected by construction must be approved by the community development department and shall be completed in accordance with the "Arboricultural Specifications Manual".

E.

Unless otherwise shown on the approved tree preservation plan, no soil is to be added to or removed from the critical root zone of any protected tree. Trees on an adjacent lot within fifteen feet (15') of the construction activity area shall be protected, as specified in the tree preservation plan.

If, in the opinion of the director of community development department and/or the city's professional forester, the necessary protection measures, as specified in the tree preservation plan for the development were not implemented before commencement of, or during any construction activity on the development site, the resolution approving site plan or the ordinance granting the special use planned unit development or the resolution authorizing approval of the subdivision plat for the subject development may be revoked by the city council, or a stop work order may be issued by the community development department until such time as the approved protection measures have been implemented and any required mitigation has been completed. (Ord. 2004-11, 2-17-2004, eff. 5-3-2004; Ord. 2017-19, § 4, 7-17-2017)

A.

All land development shall be prosecuted in accordance with the approved tree preservation plan. It shall be unlawful for any person, firm or corporation to fail to comply with the terms of the tree preservation plan if approved as part of an approved site plan, final subdivision plat or final planned unit development plan approval.

B.

A stop work order may be issued by the building commissioner if an applicant fails to comply with an approved tree preservation plan. The stop work order shall remain in force until the applicant complies with the approved tree preservation plan. (Ord. 2004-11, 2-17-2004, eff. 5-3-2004; Ord. 2017-19, § 4, 7-17-2017)

In the event trees, which are designated to be preserved, are damaged or removed as a result of accidents during the course of construction replacement trees shall be required to be installed by the applicant. Class A and Class B trees shall be replaced according to the established ratios. All other trees shall be replaced at a ratio of two (2) trees for each designated tree damaged or removed. (Ord. 2004-11, 2-17-2004, eff. 5-3-2004; Ord. 2017-19, § 4, 7-17-2017)

A.

The applicant may request, in writing, to the community development department an amendment to an approved tree preservation plan. Subject to the limitations set forth herein, an amendment to the tree preservation plan shall be subject to approval by the director of the community development department.

B.

The director of community development may approve an amendment to an approved tree preservation plan upon submission of new facts or changed conditions, which are not within the control of the applicant and have created a hardship in complying with the approved tree preservation plan. Where, in the opinion of the director of community development, a protected tree has been damaged to the extent that its removal is required by good forestry standards, the director of the community development department shall provide to the applicant written authorization for such removal. (Ord. 2004-11, 2-17-2004, eff. 5-3-2004; Ord. 2017-19, § 4, 7-17-2017)

Any person who violates any provision of this chapter, upon being found guilty of the violation, shall be subject to a fine of two hundred dollars ($200.00) for each violation. Each day during which any such violation shall continue shall be deemed a separate offense. (Ord. 2004-11, 2-17-2004, eff. 5-3-2004; Ord. 2017-19, § 4, 7-17-2017)