Glenwillow City Zoning Code

CHAPTER 1165

Land Clearing, Tree Clearing and Tree Protection

1165.01 INTENT.

The Village of Glenwillow has determined that conserving existing vegetation and topsoil is beneficial to the community. Therefore, in order to protect and further the public health, safety and general welfare and to promote the coexistence of development and the natural environment, this Chapter establishes regulations for topsoil removal and tree preservation in connection with the clearing and grading of land for construction-related or other purposes. More specifically the purposes of these regulations are to:

(a) Encourage responsible development and minimize the negative environmental impacts that can be associated with development.

(b) Encourage the preservation of trees in order to reduce air, water and noise pollution; reduce the quantity of storm water run-off; protect natural stream assets; and protect, and, where possible, enhance valuable natural water resources.

(c) Ensure that residential subdivisions, business, and industrial developments are carefully planned, designed and constructed to maintain and preserve the natural features of the site.

(d) Ensure that proposed development integrates the natural features of a site into the development in ways that maximize the site's ecosystem benefits, including natural surface drainage and stabilization by minimizing grading activities, the destruction of trees and the removal of topsoil to the extent practicable.

(e) Improve property values by ensuring the natural and unique features of the site are conserved, including mature trees, which studies show increase the value of real estate.
(Ord. 2016-07-24. Passed 8-3-16.)

1165.02 PERMITTED LAND CLEARING.

Any land clearing activity including removal of any tree having a diameter at breast height (DBH) of eight (8) inches or greater, trenching, removal of soil, placement of fill or excavation of gravel or other earth materials shall only be permitted when approved according to Section 1165.06 and only for purposes of grading or excavating an area in preparation for construction thereon of dwellings, buildings or structures permitted in the district in which the area is located, except as otherwise permitted by the Planning Commission, or exempted by these regulations. All such land clearing activities shall comply with the regulations set forth in this Chapter.

(Ord. 2016-07-24. Passed 8-3-16.)

1165.03 REGULATIONS FOR TOPSOIL REMOVAL.

Any person, firm, corporation or other entity desiring to remove topsoil, loam, sand, gravel, rock, stone, clay and other similar substances from land located in any area or place within the Village, shall comply with the following regulations.

(a) Whenever topsoil or loam is to be removed from land within the Village, a minimum of four (4) inches of topsoil shall remain or be replaced above the subsoil, clay or other unproductive grounds after completion of the operation. The removal, stockpiling, or replacement of the soil shall comply with other applicable regulations to prevent surface run-off.

(b) A grading permit and storm water pollution prevention plan shall be approved as part of this activity.

(Ord. 2016-07-24. Passed 8-3-16.)

1165.04 CUTTING OF TREES.

(a) Approval Required. There shall be no clear-cutting, timbering, selective cutting, or commercial cutting of trees on any piece or parcel of land located within the Village without a permit, except as otherwise noted in Section 1165.07.

(b) Clear Cutting. Clear cutting, as used in this Chapter, means a system of tree harvesting that removes all the trees in a given area. Clear-cutting is prohibited, except to the extent necessary to clear a building site, yard, driveway and right-of-way providing access to the site from a public street, after approval of an application for land clearing has been given by the Planning Commission.

(c) Selective Cutting. As used in this Chapter, "timbering, selective cutting or commercial cutting" means the cutting of trees having a trunk caliper of eight (8) inches or greater, measured at the diameter-at-breast-height. Selective cutting of timber shall be permitted under the following conditions, upon application to the Chief Building Official:

(1) The Chief Building Official, an arborist selected by the Village and the owner or his or her representative shall together inspect the wooded area to be selectively cut in order to butt brand and paint stripe the specific trees to be cut.

(2) Only trees so branded and marked shall be cut. Each unauthorized cutting of an unmarked tree shall constitute a separate violation of this Zoning Code and shall constitute grounds for the immediate revocation of the approval to cut trees and/or any other permit issued.

(Ord. 2016-07-24. Passed 8-3-16.)

1165.05 REGULATIONS FOR TREE PRESERVATION.

Existing woodlands shall be maintained and preserved on the site according to the following regulations:

(a) Definitions. The following terms are defined for the purposes of these regulations:

(1) Diameter at breast height (DBH). The diameter of the trunk of a tree measured at a height of four and five-tenths (4.5) feet above the natural grade. If the tree splits into multiple trunks below four and five-tenths (4.5) feet, the trunk shall be measured at its most narrow point beneath the split.

(2) Mature Woodlands. A stand of trees in which there are ten (10) or more trees that have a DBH of at least twelve (12) inches whose combined canopies cover at least fifty percent (50%) of the area encompassed by the stand of trees.

(3) Stand of Trees. A grouping of two (2) or more trees with contiguous canopies.

(4) Young Woodlands. A stand of trees in which there are ten (10) or more individual trees having a DBH of at least eight (8) inches whose combined canopies cover at least fifty percent (50%) of the area encompassed by the stand.

(b) Occupied Single-Family Lot: A maximum of six (6) trees having a diameter at breast height (DBH) of eight (8) inches or greater may be removed by a homeowner in any one year.

(c) Residential Subdivisions: In a residential subdivision, trees shall be maintained and preserved according to the following:

(1) A minimum of fifty percent (50%) of mature woodlands shall be preserved.

(2) A minimum of twenty-five percent (25%) of any young woodland shall be preserved.

(3) Any tree that is not classified as part of a mature woodland or young woodland shall be maintained and preserved, to the extent practicable, when the tree meets the following criteria:

A. The DBH of the tree is eight (8) inches or more.

B. The tree is not located within the area to be occupied by a permanent structure together with fifteen (15) feet on all sides, subject to approval of the location of the structure.

C. The tree is not located within the area to be occupied by driveways, accessory buildings, sidewalks, utility installations and similar necessary development subject to approval of the location of said improvements.

(4) In order to implement the standards set forth in Subsection 1165.05(c)(1) thru (c)(3) above in the best manner possible, the Planning Commission may approve a plan of a single-family subdivision with reduced setback requirements than are required by the applicable zoning district in order to permit more of the proposed site to be preserved. In reviewing such a plan, the Planning Commission shall determine that:

A. The design of the subdivision substantially complies with the purposes, intent and basic objectives of the zoning district in which the subdivision is located;

B. The proposal results in a development of equivalent or greater quality than that which could be achieved through strict application of such standards and requirements; and

C. The proposed development shall have no adverse impact upon the surrounding properties or upon the health, safety or general welfare of the community.

(d) Nonresidential Uses: On parcels devoted to nonresidential uses, trees shall be retained and preserved according to the following:

(1) Trees that are located within the proposed development area of the site may be removed upon the Planning Commission's approval of the location of such structures and improvements. For the purposes of this section, the development area of the site shall include the area to be occupied by permanent structures, access roads, parking areas, sidewalks, utility installations, and similar necessary improvements, and an additional fifteen (15) fifteen feet on all sides of the proposed area to be occupied by such improvements.

(2) On all other portions of the site:

A. A minimum of fifty percent (50%) of the mature woodlands shall be preserved.

B. A minimum of twenty-five percent (25%) of any young woodland shall be preserved.

C. Individual trees that are not within a mature or young woodland but which have a DBH of eight (8) inches or greater shall be preserved to the extent practicable, as determined by the Planning Commission.

(e) Reforestation. Upon the approval of the Planning Commission, a property owner or developer may clear more area than permitted in this Section by agreeing to reforest another part of the site at a ratio of 1.2 times the area or the total diameter of the trees otherwise required to be preserved. Such approval shall be granted only when it has been determined that alternative measures to preserve these trees are not feasible.

(Ord. 2016-07-24. Passed 8-3-16.)

1165.06 PERMIT REQUIRED.

Any land clearing activity shall be permitted only when an application for a land clearing permit is reviewed and approved by the Planning Commission in accordance with the procedures for site plan review in Chapter 1115.

(a) In addition to complying with the applicable submission requirements for site plan review, the property owner shall also file the following items with the Planning Commission:

(1) Name and address of the applicant, and the name and address of the owner of the land if it be different from that of the name and address of the applicant. If the applicant and/or owner is a corporation, the state of incorporation, the names and residence addresses of its president and secretary and of its statutory agent shall be included on the application; if the applicant and/or owner is a partnership, that fact shall be stated and the names and residents addresses of all partners shall be listed. All applications shall give the business address of the applicant and/or owner, as well as any other addresses herein required.

(2) For applications involving removal of topsoil the applicant shall provide: the method of removal to be employed, the time within which such work is to be commenced and completed, the amount of soil to be removed, the proposed disposition, including reuse of the topsoil, and a siltation prevention plan.

(3) For applications involving the cutting of trees, the applicant shall provide:

A. The name and address of each person who shall engage in the cutting of trees on such premises, either under contract or any other arrangement with the owner;

B. A copy of the contract covering such arrangement for the cutting of trees, or if there is no such contract reduced to writing, a succinct statement of the terms and provisions of such arrangement.

(4) A location map that clearly depicts the boundaries of the site upon which such operations are proposed to take place and areas to be disturbed, including areas of tree cutting, and the location of buildings on adjacent properties, roads and the specific location of all natural features, drawn to scale.

(5) A map indicating the proposed changes in the contours and natural features that will result from any land clearing activity.

A. The contour interval of this map shall be no more than five (5) feet in an area where the slope exceeds ten percent (10%) and two (2) feet where the slope is less than ten percent (10%).

B. Information on the anticipated disturbance, the depth to which it is proposed that material be removed, the type and nature of refilling, reseeding, or replanting proposed, the topography of the land, and

C. The proposed ultimate use.

(6) A tree removal/preservation plan, whenever trees are to be removed. Such plan shall clearly indicate:

A. A tree survey drawn at a suitable scale showing all existing trees with a DBH of eight (8) inches or greater, and indicating the size and common name of individual trees.

1. The limits of any mature woodlands and young woodlands, as defined in Section 1165.05.

2. Trees that have a DBH of eight (8) inches or greater, and which are not otherwise included within the limits of a mature woodlands or young woodlands.

B. Identification of all existing trees and woodlands that are to remain on the site after construction.

C. All existing trees and woodlands that are to be removed from the site.

D. The location, common name, botanical name, and size of all new trees to be planted on the site.

(b) Conditions of Approval. The conditions under which applications shall be approved under this Chapter are as follows:

(1) Approval of an application for the land clearing activities shall not be given by the Planning Commission in any case where such land clearing activities would result in interference with the natural water supply of the Village or any of the lots or lands therein, or if it would result in the undue erosion of the soil on such lots or lands; or create a nuisance because of dust, erosion, soil or water runoff.

(2) Adequate drainage shall continue to exist on the land to be disturbed so that stagnant water or other conditions dangerous to health and safety will not be created.

(3) Approval of an application for the cutting of trees shall not be given by the Planning Commission unless and until adequate assurance is furnished by the applicant that if such approval is given and such cutting of trees are completed, all of the cordwood, branches, brush, rubble and refuse resulting therefrom will be removed from the premises or cut up, chipped and placed on the forest floor in such a way that no fire hazard shall result therefrom.

(1) If the application is approved, the Chief Building Official shall issue a permit containing the restrictions imposed, if any, upon the posting of a performance guarantee running in favor of the Village, conditioned upon the performance of the permit in accordance with its terms, in the amount fixed by the Planning Commission.

(2) The performance guarantee hereinabove provided for shall be signed by the owner of the premises concerned and by each of the persons with whom arrangements have been made for the land disturbance activity or cutting of the trees under contract or otherwise as principals, and by such sureties as the Chief Building Official shall deem sufficient.

(Ord. 2016-07-24. Passed 8-3-16.)

1165.07 EXEMPTIONS FROM TREE PERMIT.

The following activities and properties are exempt from the regulations in this chapter and no tree removal permit is required.

(a) The removal of dead, diseased or damaged trees.

(b) The removal of trees necessary for the construction, operation and maintenance of drainage facilities and sanitary and storm sewers approved by the Village.

(d) The removal of trees in time of emergency or which pose potential danger to life or property.

(e) The removal of trees required for the installation, maintenance and repair of underground and overhead utilities approved by the Village.

(Ord. 2016-07-24. Passed 8-3-16.)

1165.08 TREE PROTECTION DURING CONSTRUCTION.

(a) Protected Trees. All existing trees and woodlands that are to remain on the site after construction shall be protected from destruction or damage according to the following regulations, and are hereinafter known as protected trees.

(b) Protective Fencing. The owner shall be responsible for the construction, erection, and maintenance of temporary fencing or other physical barrier around the tree preservation areas so that all protected trees shall be preserved. The fencing or other protective barrier must be located a distance from the trunk that equals, at a minimum, the distance of the critical root zone or fifteen (15) feet whichever is greater, unless otherwise approved by the Planning Commission. The fencing or other physical barrier must remain in place and be secured in an upright position during the entire construction period to prevent impingement of construction vehicles, materials, spoils, and equipment into or upon the tree preservation area. Tree protection signs must be located along the fencing. Any change in the protective fencing must be approved by the Planning Commission.

(c) Tree Preservation Plan. The approved tree preservation plan shall be available on the building site before work commences and at all times during construction of the project. The owner shall be responsible for notifying all contractors and utilities involved with a given project of the tree preservation plan.

(d) Construction Measures. During all phases of construction, all steps necessary to prevent the destruction or damage to protected trees shall be taken, including but not limited to the following:

(1) No construction activity, movement and/or placement of equipment, vehicles, or materials or spoils storage shall be permitted within the tree preservation area. No excess soil, additional fill, liquids, or construction debris shall be placed within the critical root zone of any tree that is to be preserved;

(2) All required protective fencing or other physical barrier must be in place around the tree preservation area in accordance with the approved tree preservation plan prior to the beginning of construction, including site clearing. The fencing or other physical barrier must remain in place and be secured in an upright position during the entire construction period to prevent impingement of construction vehicles, materials, spoils, and equipment into or upon the tree preservation area.

(3) No attachments, including but not limited to ropes, nails, advertising posters, signs, fences or wires (other than those approved for bracing, guying or wrapping) shall be attached to any trees;

(4) No gaseous liquids or solid substances which are harmful to trees shall be permitted within the tree preservation area;

(5) No fire or heat shall be permitted within the tree preservation area;

(6) Unless otherwise authorized by the tree removal permit, no soil is to be removed from or placed upon the critical root zone of any tree that is to remain; and

(7) All utilities, including service lines, shall be installed in accordance with the tree preservation plan. Every effort shall be made to protect existing protected trees during the placement of utility service lines including augering and/or jacking as opposed to open cutting as appropriate.