As used in this Chapter, the following words and terms shall have the meanings ascribed to them in this Section:

CALIPER: The diameter of a nursery grown tree or tree used for transplanting measured four inches (4") above grade for tree sizes four inches (4") and less in size and twelve inches (12") above grade for trees over four inches (4") in size.

DBH (DIAMETER AT BREAST HEIGHT): A measurement of the diameter of a tree taken four and one-half feet (41/2') above grade.

SITE PLAN: A scaled map in plain view showing the boundaries of a site along with existing conditions of topography, vegetation, soils, wetlands and flood plains, if applicable, along with existing structures and/or proposed structures and improvements.

TREE PRESERVATION PLAN: A scaled map which combines a tree survey and site plan together with text identified trees to be preserved and the relative protection measures along with trees to be removed and plans for tree replacement.

TREE REMOVAL PERMIT: A permit issued by the Village prior to removal of any protected tree, subject to requirements of this Chapter.

TREE SURVEY: A scaled map showing in plain view the location of trees identified by size, species and condition, usually prepared by a registered land surveyor. (Ord. 802-97, 8-11-1997)

The natural character of the Village and its environs consist of gently rolling and undulating fields interspersed with numerous wetlands and upland forest groves. In a portion of the community there also exists remnant riparian and lake margin forests which to a large extent have been disturbed over the years resulting in successional plant growth such as common box elder and European buckthorn competing with willows, ash, and soft maples. Coincidentally, box elder and buckthorn are two (2) species often found invading vacant fields and mature forest. The focus of this Chapter is on the wooded and created environments of the Village and its environs so as to minimize disturbance and to enhance the natural character of the Village as it develops and changes pursuant to the Village Comprehensive Plan. Through careful planning and creative design numerous benefits as stated below will be achieved:

   A.   Preservation in as far as practical, the existing natural vegetation of the region;

   B.   Preservation to the greatest degree practical of significant trees located around the periphery of properties and to a limited reasonable extent the preservation of trees located internal to properties;

   C.   Preservation and creation of natural landscapes;

   D.   Aid in the stabilization of soil by the prevention of soil erosion and sedimentation;

   E.   Reduction of storm water runoff and the cost associated therewith and replenishment of ground water supplies;

   F.   Aid in the generation of oxygen and the removal of carbon dioxide in the atmosphere;

   G.   Provision of a visual and acoustical buffer between differing land uses;

   H.   Provision of protection against severe weather;

   I.   Aid in the control of drainage and restoration of denuded soil subsequent to construction or grading;

   J.   Provision of a habitat and food source for birds, which will assist in the control of insects;

   K.   Protection of property values;

   L.   Conservation and enhancement of the Village's physical and aesthetic environment, especially its natural and semi-rural atmosphere;

   M.   Prevention of the existence of trees which pose a threat, danger or nuisance to the public or to the property in the Village;

   N.   Provision of a transition of natural vegetation between differing uses;

   O.   Minimization of the harmful impact of noise, dust, motor headlight glare or other artificial light intrusions, and other objectionable activities or impacts conducted or created by adjoining or nearby uses;

   P.   General protection and enhancement of the quality of life and general welfare of the Village; and

   Q.   Minimization of change to the natural topographic contour of the land. (Ord. 802-97, 8-11-1997)

   A.   General Restriction On Removal Of Trees: It shall be unlawful for any person, unless otherwise permitted by the terms of this Chapter, to remove, move, cut down or destroy or effectively destroy through damage any tree designated as a protected tree, without the prior issuance of a tree removal permit by the Village.

   B.   Construction Requiring Tree Removal Permit: No work involving grading, building or other construction including septic field and driveway installation that requires a building permit may be undertaken, and no Village permit required in connection with such work shall be issued unless a tree survey and tree preservation plan have been filed with the approved by the Village.

   C.   Subdivision Requiring Tree Survey And Preservation Plan: No property within the Village or within one and one-half (11/2) miles of the Village's corporate limits may be subdivided unless a tree survey and a tree preservation plan have been filed with and approved by the Village.

   D.   Trimming Of Obstructive Trees, Shrubs And Bushes: Any tree, shrub or bush planted on private property which overhangs any sidewalk, street, or other public place in the Village in such a way so as to impede or interfere with the safe movement of traffic and travel on such place shall be trimmed by the owner of the premises or agent thereof on which such tree, shrub or bush grows or stands so that the obstruction shall cease.

   E.   Removal Of Dangerous Trees And Limbs Thereof: Any tree or limb of a tree that has become likely to fall on or across any public way or place shall be removed by the owner of the premises on which such tree grows or stands with Village approval. The Village may trim any such tree or shrub, or remove the same or any limb thereof, so that the danger or potential thereof shall cease to exist.

   F.   No Attachment Of Wire Or Rope To Trees, Shrubs And Bushes: It shall be unlawful for any person to attach any wire or rope to any trees in any public street, parkway, or other public place, except with the permission of the Village. Any person or company given the right to maintain poles and wires in the right-of-way of any public street or any other public place located in the Village shall, in the absence of provision in the franchise concerning the subject, keep such wires and poles free from and away from any trees, in such places so far as may be possible, and shall keep all such trees and shrubs properly trimmed, subject to the supervision of the Village, so that no injury shall be done to either the poles and wires or the trees, shrubs or bushes by their contact. (Ord. 802-97, 8-11-1997)

   A.   Permit Required: Unless otherwise exempted by the provisions of this chapter, any person requiring a tree removal permit shall submit a written application to the village. All such applications shall be accompanied by the submission of both a tree survey and a tree preservation plan to the village.

   B.   Applications For Tree Removal Permit: All applications for a tree removal permit shall contain the following:

      1.   Location of the property, including street address and legal description;

      2.   Applicant's name, address and telephone number;

      3.   The quantity, species, dbh and description of physical condition of all trees for which the applicant seeks a tree removal permit.

   C.   The Tree Survey: A tree survey prepared by a registered Illinois land surveyor working in cooperation with a qualified arborist, urban forester or landscape architect shall include the following:

      1.   A list of all trees on the subject property (the "tree list") having a dbh of six inches (6") or greater. Such list shall include information regarding the size, species (both common and botanical name) of each tree and a description of each tree's health and condition.

      2.   A site plan or survey clearly showing the location of all trees with a dbh of six inches (6") or greater on the entire property as well as the property within the minimum required yards or setbacks of the property adjacent to the subject property. In the instance of a proposed change in zoning or a proposed subdivision, the yards or setbacks shall be those applicable to the proposed zoning or subdivision. Such site plan shall be capable of cross reference with the tree list prepared by the subject property. (Ord. 802-97, 8-11-1997)

      3.   Upon written request from the property owner, the chief operating officer may reduce the tree survey area required pursuant to the above when it is established that major blocks of trees will not be impacted by the proposed development plans. (Ord. 802-97, 8-11-1997; amd. Ord. 1290-09, 8-17-2009)

   D.   Tree Preservation Plan: The tree preservation plan shall be prepared by a qualified landscape architect or urban forester accurately drawn to scale and submitted to the village together with twenty (20) copies of the application and tree survey. The tree preservation plan shall contain the following information:

      1.   The designation on the tree survey of those proposed to be moved or destroyed and a description of the condition (i.e., forked, diseased, dead) of the trees.

      2.   A note within the plan specifications that all trees proposed to be moved or destroyed shall be clearly marked in the field.

      3.   The designation on the tree survey of those trees which might be damaged or destroyed by construction activity. The following criteria shall apply when determining whether a tree will be or has been destroyed or damaged:

         a.   Operation of construction equipment within the drip line of a tree.

         b.   Storage of material and/or parking of construction equipment within the drip line of a tree.

         c.   Excavation of earth by cut or fill; however, tunneling will be permitted.

         d.   Alteration of grades around the perimeter of a tree which results in a directional change to surface water which, in the opinion of the village engineer, will adversely affect the tree.

         e.   Removal of existing natural ground cover, typical of forested environments, without compensation and replacement with similar ground cover; i.e., leaf litter may be replaced with shredded hardwood mulch.

      4.   A description of the measure that will be taken to protect the trees during construction, including:

         a.   Snow fencing staked and placed securely along the drip line of the tree(s).

         b.   Trees with canopy extending into the construction zone shall be pruned, fertilized and watered as deemed necessary given field conditions.

         c.   No limestone product or other building material shall be placed within the drip line of any tree which extends into a construction zone and is designated for protection.

      5.   A description of the proposed method of tree removal.

      6.   The location and dimensions of existing and proposed buildings, paved areas, utility lines, and utility and access easements on and adjacent to the subject property.

      7.   The topography of subject property at one foot (1') contour intervals and existing floodplain areas, wetlands and surface drainage patterns.

      8.   A landscape and grading plan that clearly shows the location, species and size of all existing and proposed trees consistent with the requirements of subsection C of this section. The landscape plan shall also show on the same sheet or plan the existing and proposed contours at one foot (1') contour intervals.

      9.   The number, location and planting list of trees required by this chapter and the subdivision control ordinance if applicable. The list shall identify trees proposed for use as a street tree and those trees proposed to satisfy replacement tree requirements if applicable.

      10.   The ratio of deciduous to nondeciduous trees that will be located on the subject property upon completion of the project.

      11.   A statement of qualification of the person preparing the tree preservation plan. (Ord. 802-97, 8-11-1997)

      12.   Such other data and/or information as the chief operating officer, village planner/landscape architect and the village engineer may reasonably deem necessary to permit full and fair consideration of the application. (Ord. 802-97, 8-11-1997; amd. Ord. 1290-09, 8-17-2009)

   E.   Village Consideration Of Tree Removal Permit Applications: The following shall apply to village consideration of all applications for a tree removal permit: (Ord. 802-97, 8-11-1997)

      1.   The following applications for the tree removal permit shall be decided by the chief operating officer and his/her designee: (Ord. 802-97, 8-11-1997; amd. Ord. 1290-09, 8-17-2009)

         a.   The application is for only one tree and no other application for tree removal has been filed for the subject property within the previous twelve (12) months and the tree is less than sixteen inches (16") dbh; or

         b.   The application is for a tree or trees that are dead, diseased or disfigured due to natural causes such as wind, insects, viruses and lightning. (Ord. 802-97, 8-11-1997)

      2.   The chief operating officer or designee may authorize removal of any tree found to be hazardous to public health and safety. (Ord. 802-97, 8-11-1997; amd. Ord. 1290-09, 8-17-2009)

      3.   Any other application for a tree removal permit shall be decided by the village board of trustees following the review by and the recommendation of the plan commission or any other commission or committee charged with such responsibility by the village board of trustees. The plan commission shall review the application, tree survey and tree preservation plan and evaluate the impact upon the preservation and protection of trees in the village, and make such recommendations to the village board as it deems necessary to fulfill the purposes of this chapter. The plan commission may recommend denial, approval or approval of the application subject to conditions determined to be necessary to protect the public welfare, achieve the purposes of this chapter, prevent the undue destruction of trees, and encourage tree replacement and the planting of additional trees.

   F.   Criteria For Village Consideration Of Tree Preservation Plans: When considering an application for a tree removal permit, the village board, the plan commission or any other commission or committee charged with such responsibility by the village board, shall consider the tree preservation plan based on, but not necessarily limited to, the following criteria:

      1.   The general design of the proposed landscape planting layout.

      2.   Planting specifications, such as the appropriateness of the species and cultivates to the area.

      3.   The ratio of deciduous to nondeciduous trees.

      4.   General environmental considerations such as floodplain and wetland issues.

      5.   The extent of preservation of forested land in its natural state and the reasonableness of efforts by the applicant or any other person to retain existing trees on the subject property.

      6.   The appropriateness and adequacy of techniques for the preservation and protection of existing trees during construction.

      7.   The extent to which the existing trees contribute to the aesthetic, economic and environmental integrity of the surrounding area.

      8.   The nature of the existing and intended use of the property and surrounding property, and the economic feasibility of using or developing the property if the existing trees are preserved.

   G.   Conditions Attached To A Tree Removal Permit: Approval of a tree removal permit and approval of a tree preservation plan may be conditional upon the applicant's agreement to do any or all of the following as reasonably determined by the village:

      1.   Relocate trees which would otherwise be destroyed to another location upon the site.

      2.   Plant replacement trees elsewhere on the site in accordance with the tree replacement schedule contained in subsection 9-17-5C of this chapter.

      3.   The posting of a performance bond, equal to the value of the work proposed in the tree preservation plan.

   H.   Exemptions - Tree Removal Permit Requirements: The tree removal permit and replacement requirements set forth in this chapter shall not apply to:

      1.   Trees that have become, or immediately threaten to become, a hazard to persons or property.

      2.   Commercial nurseries or orchards.

      3.   Properties for which a specific landscaping or tree preservation plan has, prior to the effective date of this chapter, been approved by the village pursuant to the terms of an annexation agreement, special use permit or other agreement or ordinance.

      4.   Single-family homes or lots of record of less than two (2) acres as of the effective date of this chapter and where less than five (5) trees of twelve inches (12") or more dbh or less than ten (10) trees of six inches (6") or more dbh exist on the property. The property owner shall provide a list of trees on the property for verification by the village prior to exemption of the tree removal permit requirement.

      5.   Any property with no trees with a dbh of six inches (6") or more in the construction area as verified by the village engineer. The "construction area" shall mean that portion of the site on which grading, construction or compaction of the soil will or is likely to occur including septic field area and driveways.

      6.   The removal of trees that are not protected trees.

   I.   Exemptions From Tree Survey And Tree Preservation Plan Submission Requirements: Single-family or lots of record shall be exempted from having to provide a tree survey and tree preservation plan. Applicants shall comply with all other provisions of this chapter, unless otherwise provided herein.

   J.   Neighbor Notification: Whenever a protected tree is located within fifty feet (50') of an applicant's property line and is proposed for removal the applicant shall notify the owner of contiguous property of the intention to remove said tree. Such notice shall be given at least fifteen (15) days prior to removal of the tree. A certified return address receipt or affidavit signed by the applicant stating he has informed the neighbor of his intent to remove said tree shall be deemed appropriate notice in satisfying this requirement. Application involving trees located further within the property shall not be required to notify adjacent property owners unless as part of a normal zoning or subdivision review process. (Ord. 802-97, 8-11-1997)

   A.   Protected Trees: For the purposes of this chapter, the following trees having a dbh larger than six inches (6") are designated as "protected trees":

 

(Ord. 802-97, 8-11-1997; amd. Ord. 1374-11, 9-19-2011)

   B.   Replacement Tree Species:

      1.   Replacement Shade/Canopy Trees:

         a.   The following tree species are designated as replacement shade/canopy trees for the purposes of this chapter:

Trees known to achieve a height of forty five feet (45') or greater at maturity and have been found adaptable to climate conditions consistent with those of Hawthorn Woods. This condition being hardiness zone 4 (winter temperatures -30 to -20 degrees Fahrenheit) as established by the United States department of agriculture.

         b.   Trees which are not acceptable for use as replacement are as follows:

 

         c.   Replacement shade/canopy trees shall have a minimum caliper of three inches (3").

      2.   Equivalent Replacement Ornamental Understory Trees:

         a.   For the purposes of this chapter the following tree species are designated as equivalent replacement ornamental understory trees:

Deciduous trees known to achieve a mature height of twenty feet (20') to forty five feet (45') at maturity and have been found adaptable to climatic conditions of Hawthorn Woods. Such conditions being hardiness zone 4 (winter temperatures -30 to -20 degrees Fahrenheit) established by the United States department of agriculture.

         b.   Ornamental understory trees which are not acceptable for use as a replacement tree are as follows:

 

 

         c.   Replacement ornamental understory trees shall have a minimum caliper of two inches (2") or a minimum height of six feet (6') if multistemmed.

         d.   The required number of equivalent replacement ornamental understory trees shall be computed on the following basis:

Two (2) replacement ornamental understory trees = one replacement shade/canopy tree.

      3.   Equivalent Replacement Evergreen Trees:

         a.   For the purposes of this chapter the following tree species are designated as equivalent replacement evergreen trees:

 

*Discouraged due to potential of bore attack to roots which is presently not treatable.

         b.   Equivalent replacement evergreen trees shall have a minimum size of six feet (6') in height.

         c.   The required number of equivalent replacement evergreen trees shall be computed on the following basis:

            One and one-half (1.5) replacement evergreen trees between six (6) and eight feet (8') in height = One replacement shade/canopy tree

               or,

            One replacement evergreen tree eight feet (8') and over in height = One replacement shade/canopy tree.

   C.   Tree Replacement Schedule:

      1.   Protected trees removed subject to the provisions of this Chapter shall be replaced according to the following schedule:

 

 

      2.   The size of required replacement shade/canopy trees and number and size of equivalent replacement ornamental/understory and evergreen trees shall be as set out in subsection B of this Section. Trees measured in any fraction shall be rounded to the next highest whole number for the purposes of determining the number of required replacement trees.

      3.   The total number of required replacement trees may be less than that required in the tree replacement schedule provided that the total caliper of all combined replacement trees is equal to or greater than that which would be required by the strict application of the tree replacement schedule. For example, the removal of two (2) protected trees each with a DBH of twelve inches (12") requires eight (8) replacement shade/canopy trees or equivalent with a minimum diameter of three inches (3") pursuant to subsection B of this Section. The total caliper of the required replacement trees is therefore twenty four inches (24"). The Village may instead permit four (4) shade/canopy trees to be planted each with a diameter of six inches (6").

      4.   At least sixty percent (60%) of required replacement trees shall be selected from the replacement tree list of the category of tree or trees being removed. For example, the removal of two (2) protected ten (10) to twelve inch (12") caliper diameter trees requires eight (8) replacement trees or equivalent trees. At least five (5) of the replacement trees must be comprised of shade/canopy trees and the remainder of the required plantings may be made up of either or both ornamental understory or evergreen trees.

      5.   The Village may authorize the applicant to plant fewer trees than required by the tree replacement schedule, as long as such replacement is in keeping with good forestry practices as determined by the Plan Commission, under the following circumstances:

         a.   There is not sufficient space available on the subject property to plant the number of replacement trees required by this Chapter; or

         b.   Due to a catastrophic loss or natural disaster, the number of replacement trees required by this Chapter would cause undue financial hardship to the owner of the subject property.

      6.   The applicant shall not be required to replace protected trees removed under the following circumstances:

         a.   Trees that have died as the result of natural causes, disease, virus, infestation or act of God. The applicant shall notify the Village in writing of the dead tree or trees and the Village shall have adequate time, but no longer than seven (7) business days after receipt of the notification, to verify the death of the tree or trees.

         b.   Trees that need to be culled, pursuant to proper forestry practice, in order to prolong and enhance the lives of surrounding trees. The applicant must submit a written statement or plan prepared by a qualified landscape architect or urban forester detailing that culling is necessary to maintain and prolong the life of the applicant's existing trees.

         c.   Trees required to be removed for the construction of a house.

      7.   Trees required to be planted according to the Village's Subdivision Control Ordinance, or Section 9-17-6 of this Chapter shall not be considered replacement trees. However, the Plan Commission may allow credit for the preservation of existing trees on the subject site toward meeting the landscape planting requirements of the Village's Subdivision Control Ordinance and Section 9-17-6 of this Chapter, as well as credit for increasing the minimum size of required trees.

      8.   Where an applicant seeks to move an existing tree from its location to another location on the subject site, and make provisions for proper tree location and planting practices, the Village shall not require additional replacement tree plantings for said relocated tree, provided that the applicant demonstrates a reasonable probability that the said tree shall survive. (Ord. 802-97, 8-11-1997)

   A.   Applicability: A "landscape plan" shall be filed with the Village at the time of filing of an application for a building permit for any project that requires an application under the Architectural Review Commission provisions of the Village Code.

   B.   Noneffect On Village Subdivision Control Regulation Ordinance Requirements: None of the landscape plan and planting requirement provisions of this Chapter shall in any way affect any of the planting or other landscape plan requirements of the Village's Subdivision Control Ordinance.

   C.   Content Of Landscape Plan: Any landscape plan submitted to the Village for review shall be prepared by a qualified landscape architect, be of the same scale as the site plan and/or preliminary plat, and shall contain or have attached to it the following information:

      1.   A scale, date and north arrow.

      2.   Name and address of the applicant and the name of the project.

      3.   Name, address, telephone number and qualifications of the person preparing the plan.

      4.   The location and dimensions of all existing and proposed structures, parking lots and drives, roadways and rights-of-way, sidewalks, bicycle paths, ground signs and refuse disposal areas, and, any other proposed improvements to the site.

      5.   To the extent known, the location and dimensions of all existing and proposed structures, parking lots and drives, roadways, and rights-of-way, sidewalks, bicycle paths, ground signs and refuse disposal areas, and, any other pertinent information for the adequate consideration of the plan by the Village on property adjacent to the subject site.

      6.   The location, quantity, size and species (both common and scientific names) of all proposed plant materials including ground cover.

      7.   Existing and proposed topography with contours at one foot (1') intervals.

      8.   Elevations, location and description of construction materials of all buildings and other forms of enclosure on the property.

      9.   A full description of the manner in which existing trees that will be preserved (if any) and site will be protected during construction.

      10.   Such other data and/or information as the Village Planner/Landscape Architect and the Village Engineer may reasonably deem necessary to permit full and fair consideration of the landscape plan.

   D.   Landscape Planting Requirements:

      1.   Single-family homes that require a permit from the Architectural Review Commission shall comply with the landscaping provisions as established by the Architectural Review Commission.

      2.   For all other development one shade/canopy tree a minimum caliper of three inches (3") or equivalent substitute plantings shall be provided on the lot for every one thousand (1,000) square feet of required open space on any development lot as required in the Village Zoning Ordinance for the Zoning District in which the subject lot is located. Such required landscape planting shall not apply to interior open space areas devoted to athletic fields, agricultural fields, septic fields and similar interior open space uses that may limit interior landscaping opportunities. For the purposes of this Section, the minimum number and size equivalent substitute plantings shall be computed on the following basis:

         a.   Equivalent ornamental/understory trees shall have a minimum diameter of two inches (2") or a minimum height of six feet (6') if multi-stemmed.

            Two (2) ornamental shade/canopy trees = One shade/canopy tree.

         b.   Equivalent evergreen trees shall be a minimum of six feet (6') in height.

            The required number of equivalent evergreen trees shall be computed on the following basis:

               One and one-half (1.5) evergreen trees between six (6) and eight feet (8') in height = One shade/canopy tree

                  or,

               One evergreen tree eight feet (8') and over in height = One shade/canopy tree.

         c.   Eight (8) evergreen shrubs at least two feet (2') in height = One shade/canopy tree

            Ten (10) deciduous shrubs at least three feet (3') in height = One shade/canopy tree

            Fifteen (15) flowering shrubs at least two feet (2') in diameter/height = One shade/canopy tree.

         d.   Five hundred (500) square feet of ground cover tree = One shade/canopy tree.

      3.   All plant material indicated on the submitted landscape plan shall be contained in the Village's approved landscape planting list as set out in subsection E of this Section.

      4.   No more than ten percent (10%) of the required plantings shall be comprised of equivalent substitute ground cover plantings.

      5.   Larger shade/canopy trees may be substituted for the minimum caliper of three inches (3") provided that the total caliper of all combined required shade/canopy tree plantings is equal to or greater than that which would be required by the strict application of the minimum shade/canopy planting requirements of this subsection. For example, two (2) required three inch (3") caliper shade trees may be substituted without penalty by one six inch (6") caliper shade/canopy tree. Such substitution in the size of shade/canopy trees is particularly encouraged in prominent locations on the site to increase the aesthetic value of the landscape plantings immediately following installation.

      6.   A diverse mixture of trees and other plant material is generally encouraged throughout the site to provide an aesthetically pleasing and interesting landscape. No single species of deciduous or evergreen planting shall represent more than forty percent (40%) of all required landscape material except where such a concentration is required to comply with the tree preservation provisions of Section 9-17-5 of this Chapter, or where the applicant successfully demonstrates that a more interesting landscape would result if the strict application of this provision were not followed.

      7.   A minimum of fifteen percent (15%) but not more than forty percent (40%) of all required plantings shall be comprised of equivalent substitute evergreen tree plantings subject to the tree preservation provisions of Section 9-17-5 of this Chapter.

      8.   Shade/canopy tree species must represent at least twenty five percent (25%) of the required shade/canopy tree equivalents.

      9.   Clustering of landscape material is encouraged to accomplish the following:

         a.   Soften the visual impact of the mass of a particular structure;

         b.   Soften and visually divide larger expanses of parking; and

         c.   Harmonize nonresidential uses with the prevailing residential character of the area, provided that all of the required plantings are situated on the same lot.

      10.   If natural resource limitations, such as flood plains, wetlands or other natural conditions, are not conducive to satisfying the planting requirements of this Chapter, then the Village may approve the installation of the required plantings on adjacent sites.

      11.   Trees and other landscape material shall be placed so as to provide a buffer between parking areas and the street, and between a nonresidential use and a residential use or a lot zoned for a residential use.

      12.   Existing healthy trees shall be preserved if possible in addition to the tree preservation requirements of this Chapter.

      13.   Landscape material shall be placed so as not to impair visibility at driveways and street intersections or in locations that could otherwise potentially pose a threat to highway safety. The mature size of the plants should be afforded due consideration in this regard.

      14.   Fences, hedgerows and berms may be permitted and shall be required in certain instances, subject to Village approval, to screen nonresidential land uses from adjacent residential uses or a lot zoned for residential use. Said fences and/or berms shall be required where topographic conditions, building features including loading facilities, lighting, waste disposal and other similar features, site features such as parking circulation location and others create lines of sight or noise potential that support the need for fencing or berming. Fencing or berming shall be in addition to landscape planting requirements.

      15.   Planting design requirements shall include such criteria as established in the Architectural Review Commission criteria for issuance of a certificate of approval.

   E.   Approved Landscape Planting List:

      1.   Shade/Canopy Trees: Landscape plant material selected for use shall be plant species found adaptable to climatic conditions of Hawthorn Woods and generally found growing in hardiness Zone 4 (winter temperature lows -20 to -30 degrees Fahrenheit) established by the United States Department of Agriculture.

Trees listed in subsection 9-17-5B1b and B2b as unacceptable shall not be considered suitable along with the other plant deemed as being unsuitable for a given location or purpose, provided a reasonable alternative exists.

   F.   Parking Lot Landscape Design Criteria: Every nonresidential parking lot shall be landscaped according to the following design criteria:

      1.   Provide a minimum of ten percent (10%) landscaped area within the parking lot and access isles (see above illustration).

      2.   Provide a minimum of fifty foot (50') landscaped setback between the parking lot and adjacent residential uses or residentially zoned lots and adjacent driveways and public rights-of-way.

      3.   Provide landscape planting island(s) with a minimum area of one hundred eighty (180) square feet, spaced no further than one hundred feet (100') apart, having a minimum length of seventeen feet (17') and minimum width of nine feet (9') and, containing at least one shade/canopy tree equivalent number of substitute plantings for each row of parking spaces. Two (2) shade trees per three hundred sixty (360) square feet of islands.

      4.   Provide low screening such as dense evergreen shrubs or low berming to prevent vehicle headlight spillover onto adjacent residential or residentially zoned lots or onto adjacent streets/public rights-of-way.

      5.   Accommodate snow removal storage/stacking areas.

      6.   Provide for the preservation of existing healthy trees where possible.

      7.   Provide for an eight foot (8') landscaped strip between parking spaces and the face of a building or a ten foot (10') strip in cases where said strip contains a sidewalk.

      8.   Parking lot plantings must be those varieties capable of withstanding extreme temperatures, drought, air pollution, high salinity, oil pollution and physical damage caused by human activity. (Ord. 802-97, 8-11-1997)

   A.   Installation And Maintenance Of Landscape Material:

      1.   All landscape material shall be installed in accordance with the procedures established by the American Association of Nurserymen.

      2.   Any tree or shrub required to be planted as a condition of this Chapter shall conform to the American Standard for Nursery Stock as approved by the American Standards Institute, Inc., and live for a period of not less than three (3) years following installation. The Village may require the property owner to replace trees or shrubs that do not live a minimum of three (3) years following installation.

      3.   The owner of the subject property shall be responsible for the maintenance, repair and replacement of all landscape materials and means of enclosure, including refuse disposal screening as may be required by the provisions of this chapter.

      4.   All landscape materials shall be of specimen quality, maintained in good condition so as to present a healthy, neat and orderly appearance, shall be replaced as necessary, and shall be kept free of refuse and debris.

      5.   Where allowed, fences, walls and other means of enclosure shall be maintained in good repair. (Ord. 802-97, 8-11-1997)

   B.   Fees And Penalties:

      1.   Applications for a tree removal permit shall be accompanied by: a) a tree removal permit application fee of twenty dollars ($20.00) per tree that is to be removed and b) a one hundred dollar ($100.00) village landscape architect review fee; provided, however, that no fees shall be required for trees removed pursuant to subsection 9-17-5C6 of this chapter.

      2.   The applicant shall, at the time of either: a) issuance of a tree removal permit, as related to a tree preservation plan, or b) issuance of a building permit, as related to a landscape plan, or both a) and b), provide an escrow letter of credit in the amount of one hundred fifty percent (150%) of the estimated cost of: a) completing all of the plantings indicated on the approved tree replacement plan or b) as indicated on the approved landscape plan, respectively. The letters of credit shall be in a form approved by the village, and the letters of credit shall be provided for a period of not less than three (3) years, but shall be extended as necessary to cover the completion of construction or tree replacement. Single-family homes or lots of record shall be exempt from having to provide an escrow letter of credit under this subsection.

      3.   A landscape plan submitted pursuant to the requirements of this chapter shall be accompanied by a fee of one hundred fifty dollars ($150.00).

      4.   Fees for on site inspection to determine compliance with this chapter as conducted by the village landscape architect, or his or her designee, shall be charged to the permittee at a rate of forty dollars ($40.00) per dwelling unit inspected (or $75.00 per hour, or fraction thereof, for nonresidential properties including open spaces, parks, golf courses, parkways and perimeter buffers).

      5.   Any permit issued under this chapter shall be revoked or suspended if the permit holder violates the terms and conditions of the permit or any other provisions of this chapter.

      6.   Any person who removes or causes a tree to be removed or damaged other than as permitted by this chapter shall be fined one hundred dollars ($100.00) per inch of dbh of every tree that had been removed or damaged other than as permitted by this chapter, up to the maximum fine permitted by Illinois law. In the event that a tree is removed or damaged other than as permitted by this chapter and the size of the removed or damaged tree cannot be determined, a fine of seven hundred fifty dollars ($750.00) per tree shall be imposed.

      7.   Fees required herein shall be in addition to any other fees as required in section 11-1-1 of this code. (Ord. 1135-05, 8-15-2005)

   C.   Enforcement, Inspections And Prior Damage:

      1.   Enforcement of the provisions of this chapter shall be the responsibility of the chief operating officer with such advice and assistance as may be required by the village engineer and the village landscape architect. Upon request of the village, the village landscape architect shall review plans and permit applications, make inspections and make recommendations to the plan commission. (Ord. 1135-05, 8-15-2005; amd. Ord. 1290-09, 8-17-2009)

      2.   The village landscape architect, or his or her designee, shall, as necessary, conduct inspections and surveys to determine the existence, nature and extent of compliance with this chapter. A copy of the approved tree removal plan or landscape plan and all applicable permits shall be kept at the site during the time that work is underway and the village landscape architect, or his or her designee, shall make whatever inspections are required to ensure compliance with this chapter. The schedule of inspections shall be determined at the time of granting of the tree removal permit or landscape plan. (Ord. 1135-05, 8-15-2005)

      3.   Where it is determined that the precautions as specified in the tree preservation plan or landscape plan are not undertaken before construction is commenced or are not maintained at any time during construction, or where it is determined that the site work does not comply with the tree removal permit or landscape plan, the chief operating officer, or his or her designee, or the village landscape architect, or his or her designee, may issue a stop work order until such time as the permittee complies with such requirements. Furthermore, no certificates of occupancy shall be issued for the affected property until after such compliance occurs. (Ord. 1135-05, 8-15-2005; amd. Ord. 1290-09, 8-17-2009)

      4.   If in the determination of the village landscape architect it is reasonable to infer that damage or destruction of trees was effected so as to avoid the requirements of this chapter, the village may require the replacement or repair of any such destroyed or damaged trees in addition to any other tree or landscape plantings required by the provisions of this chapter. (Ord. 1135-05, 8-15-2005)

   D.   Variations: Whenever an applicant has a hardship or seeks relief from this regulation an application for variation may be filed under the zoning variation procedures established in section 9-16-7 of this title. In addition, variations may also be granted as part of a special use permit process when it is determined an exceptional design or unique character is created which is consistent with the village comprehensive plan and/or community goals. (Ord. 802-97, 8-11-1997)

   E.   Nonliability Of Village: Nothing contained in this chapter shall be deemed to impose any liability upon the village or upon any of its officers or employees nor to relieve the owner of any private property from the duty to keep any trees and shrubs upon private property or under his/her control, including unauthorized planting of trees and shrubs in the village right of way, in a safe and healthy condition. (Ord. 1449-13, 4-15-2013)