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Section 11.02

Tree Protection: Removal and Replacement, Permit Required

1. Permit Required. If more than 25% of the trees eight (8) inches in caliper or larger on a site are proposed for removal, the property owner must first notify the Zoning

Administrator and obtain approval. The Zoning Administrator may require submittal of a proposed site plan for review and/or may send to the Planning Commission for approval.

Normal Maintenance. This article is not intended to prevent the removal of dead or diseased trees on a site, after obtaining a permit from the Zoning Administrator.
Tree location survey. If a tree location survey is required by the Zoning Administrator, it shall be presented in a form acceptable to the Village and shall include at least the following information:
1. The scale of the tree location survey map shall be drawn at the same scale as the site plan, except a scale shall not be used that will make detail information illegible.
2. The shape and dimensions of the lot or parcel, together with the existing and proposed locations of structures and improvements, including existing and proposed utilities.
3. The location and related setback dimensions of all buildings, structures and off- street parking areas, along with all existing or proposed easements.
4. All such trees shall be tagged in the field with identifying numbers, using non- corrosive metal tags.
5. The location of all existing trees measuring six inches or more in diameter at breast height (DBH), including:
  1. All such trees within any adjoining street right-of-way, and
  2. All such trees on any abutting properties that are within 25 feet of the property lines of the subject property, and
  3. All such trees that may be affected by the development, including all such trees located in any off-site right-of-way or utility easement or other easement in which improvements, including off site utility work necessary to serve the new development will be extended.
6. All such trees that are proposed to remain, or which are proposed to be relocated, and all such trees that are proposed to be removed shall be clearly identified on the tree location survey map. The tree location survey map shall also contain a list of all of these trees. Their tag number will key the trees on the list to the trees on the survey map. The list shall include the common name of each tree, its DBH number, its condition, and the existing and proposed grade at the base of each tree. The condition of each such tree shall be determined by using the tree-rating matrix set forth in subsection (o)(2), in this section.
7. All tree location surveys shall be performed on the site as field surveys. A registered land surveyor shall map the location of each such tree and record the existing and proposed grades at the base of each such tree. The type, size, and condition of each such tree shall be determined in the field by a registered landscape architect,

certified arborist or forester. The name, address, and the phone and fax number, and any email address of those performing these responsibilities shall be provided on the tree location survey map, along with the date the field information was obtained.

Identify existing trees that will be relocated, their new location on the property, along with a statement as to how they will be protected and/or stored during land clearance and construction, and how these trees will be maintained in a living and growing condition, as required by ordinance.
A statement explaining how trees not included in item (7), in this subsection, and which will remain on site will be protected during land clearance, construction, including the proposed use of tree wells, protective barriers, tunneling or retaining walls, and explaining thereafter, how these trees will be maintained as a permanent part of the site's landscaping.
Figures that represent the number of trees that are six inches in DBH that will be removed from:
1. The property;
2. The public rights-of-way along the property;
3. Any abutting property, if applicable;
4. Any affected easements, if applicable; and
5. Any rights-of-way and/or easements beyond the site in which such trees must be removed to extend services to the site, if applicable.
A tree location survey may be waived by the Village for any area or areas of a development site that lie 50 feet or more outside of the development's construction zone. For the purpose of this section the construction zone shall mean any area of the property that will be disturbed in any way by any new development taking place on the property. Prior to receiving a waiver, the applicant shall submit a statement to the Village identifying the most predominant species of trees in the waiver area, the total number of trees in the waiver area, and the estimated predominate tree size in the waiver area. A waiver area shall be physically separated from any designated construction zone on the property by a snow fence prior to any activity taking place on the property.
Tree protection during site development.
1. Prior to the land clearing stage of development and before a tree permit will be issued, the owner, developer, or agent shall do the following: 1) Clearly identify the on-site trees that are to be removed and those that are to be relocated by fluorescent orange spray paint or by red flagging tape. This responsibility shall be completed before any field inspection shall be conducted by the Village or its designee.

2) Erect barriers of four-foot high wooden fencing or orange snow with metal stakes ten feet on center (OC) which will shield and protect trees, no closer than six feet from the trunk or at the edge of the tree canopy, whichever is greater, of all such trees or groups of trees. 3) Keep the area within the protective barrier clear of all debris or fill, and any equipment and material. 4) During the construction stage of development, the owner, developer or agent shall not cause or permit any activity within the drip line of any protected tree or group of trees including but not limited to the storage of equipment, dumpsters, boulders, dirt and excavated material, building or waste material, or any other material harmful to the life of a tree. 5) No damaging attachment, wires (other than cable wires for trees), signs or permits may be fastened to any tree protected by this section. 6) The Village or its designee shall conduct periodic inspections of the site during land clearing and construction in order to ensure compliance with this section.

Emergency tree removal. When high winds, storms, tornadoes, floods, freezes, fires, or other manmade or natural disasters damage or destroy trees in the Village, making it necessary to expedite the removal of these trees in the interest of promoting the public safety, health and general welfare of the Village, the requirements of this chapter may be suspended by the Village for a period of 30 days in the affected areas.
Penalties. Each unauthorized removal of a tree that is protected by this section shall be deemed a separate offense. The Village's zoning code, as amended, shall be applicable to violations and penalties involving the unauthorized removal of a protected tree.