It is the intent of the Legislative Authority to preserve the woodland nature of the Village, stabilize sloped grades, reduce surface runoff, erosion and downstream flooding, retain areas of rainfall percolation into the water table, ameliorate climatic and weather extremes, support wildlife and preserve the vegetational aesthetics for which the Village is known. To this end, the Legislative Authority proposes, when development requires the removal or reduction of trees and vegetation, to reduce the number of potentially hazardous or otherwise undesirable trees and vegetation, to select more beneficial trees and vegetation as opposed to less beneficial, and to promote a mixture of ages and species of vegetation where it naturally may occur. It is not the intent of the Legislative Authority to restrict or hinder acceptable development within the Village, but only to establish guidelines for development compatible with long-term preservation of the woodland environment.

(Ord. 2009-17. Passed 9-15-2009.)

   As used in this chapter, "timbering or commercial cutting" means the cutting of trees having a trunk diameter of not less than nine inches at a distance of fourteen inches above ground level.

(Ord. 2009-17. Passed 9-15-2009.)

   There shall be no clear-cutting, timbering or commercial cutting of trees on any piece or parcel of land located within the Village unless a permit therefore shall have been issued by the Zoning Administrator or his or her assistant.

(Ord. 2009-17. Passed 9-15-2009.)

   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 dedicated public highway, after a permit therefore has been issued by the Zoning Administrator.

(Ord. 2009-17. Passed 9-15-2009.)

   Selective or sanitary cutting of timber shall be permitted under the following conditions, upon application to the Zoning Administrator:

   (a)   The Zoning Administrator, an arborist selected by the Village and the owner or his or her representative, shall, together, inspect the wooded area to be selectively cut, to butt brand and paint stripe the specific trees to be cut.

   (b)   Only trees so branded and marked shall be cut. Each unauthorized cutting of an unmarked tree shall constitute a separate violation of this chapter and shall constitute grounds for the immediate revocation of the permit.

   (c)   Meadow maintenance under a long-term permit already issued may be done without a new permit.

   (d)   Dead and diseased trees, and damaged trees which threaten life or property or which cannot be revived (e.g. blown off vertical), may be removed without a permit. However, a tree-cutting contractor for such work shall be licensed by the Village.

(Ord. 2009-17. Passed 9-15-2009.)

   An application for a permit required by this chapter shall be in writing and shall set forth in full the name and address of each owner of the premises upon which it is proposed to engage in the cutting of trees; the name and address of each person who shall engage in the cutting of trees on such premises, either under contract or pursuant to any other arrangement with the owner; a copy of the contract covering the 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; and a legal description of the premises upon which such cutting of trees is proposed, or, in lieu thereof, a description of such premises which will adequately describe such premises so that they may be located on the plat map of the Village.

(Ord. 2009-17. Passed 9-15-2009.)

   The conditions under which permits shall be issued under this chapter are as follows:

   (a)   A permit for the cutting of trees shall not be issued by the Zoning Administrator in any case where such cutting of trees 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.

   (b)   A permit for the cutting of trees shall not be issued by the Zoning Administrator unless and until adequate assurance is furnished by the applicant that if such permit is granted and such cutting of trees is done, 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.

   (c)   The Zoning Administrator is authorized to require that the applicant file with the Village a bond, the penal sum of which shall be in an amount which the Zoning Administrator reasonably estimates will be sufficient to pay the cost and expense of the clean-up operation.

   (d)   The bond 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 commercial cutting of the trees, under contract or otherwise as principals, and by such sureties as the Zoning Administrator shall deem sufficient.

(Ord. 2009-17. Passed 9-15-2009.)

   The Zoning Administrator may grant a tree removal permit only in the following areas:

   (a)   Within the area to be occupied by a permanent structure, together with fifteen feet on all sides, subject to Village approval of the location of the structure.

   (b)   Within an area occupied by access roads, parking areas, accessory buildings, sidewalks, utility installations and similar necessary development (subject to Village approval of the location of said improvements).

   (c)   Open areas not exceeding fifty percent of the lot (e.g. a meadow or pasture) which, in the judgment of the Village, maintains the rural and woodland atmosphere of the Village.

(Ord. 2009-17. Passed 9-15-2009.)

   Notwithstanding any other provision of this chapter, logging of trees for economic gain is prohibited.

(Ord. 2009-17. Passed 9-15-2009.)

   The property owner, to obtain a permit, must submit a plan consistent with the requirements of this chapter that meets the approval of the Village. The Zoning Administrator will apply the principles of maintaining the woodland and/or meadow nature of the Village, as set forth in Section 1284.01, in deciding whether the plan is satisfactory or must be altered in order to obtain a permit.

(Ord. 2009-17. Passed 9-15-2009.)

   Any person aggrieved by any of the provisions of this chapter or a final determination of the Zoning Administrator may appeal to the Board of Zoning Appeals. Refer to Section 1258.08.

(Ord. 2009-17. Passed 9-15-2009.)

   Whoever violates any of the provisions of this chapter is guilty of improper cutting of trees, a misdemeanor of the first degree, and shall be fined not more than one thousand dollars ($1,000.00) or imprisoned not more than six months, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.

(Ord. 2009-17. Passed 9-15-2009.)