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HomeMy WebLinkAboutMinutes - 6/3/1999 - Community Development Committee ______ _ _ _ ____ _ _ �-�---�- -�--- _ _ .. ,..� z*_.r,. '� (� � Tt?; Comrnut�ity Deve�opmer�t Gommittee - - ..: �t'!M; Joseph P. Na�poiitano, Dtrector, Corr►munity t�evetopmerrt ` FQR: July 7, 1899, Com�unity[�relopment Corrfmitt�hAeetirr� l�E: Dra�fit+�s P'r+�e�rv�tion t)relinancs ATTACHMENTS: 1. June 3, 1999 Gommunity C3evelopmer�t Gom+rrt�tee minutes 2. Dra�R Tree Pres�ervation t€�NMinance,with revisian� 3. Enc�pts from Other Comm�ni�Onlit�snces, ��t�tic�ns and Pen�lties , ,'�,�Ff REG���N�E3N: Upan resalution af outt�tandin� iss�, fic�cwarc3 the dr�ft Tr�e Rresen�at��n CNdinance tt��he City�ouna!for a�on. ��c�t�nd: At the June S� 199A mee#in�, the �Gommunity t?��#Opm�nt Cammi#+� di �taff to make tha mo�rt�ans ta tt� c#r�°t tree �rvaa�tion �inaa�, The Cemr+�iftee w�ed ta e�c�thef I'�st of urxiesirabie tr+�e species �r�i r+��st�d a��ional ` informa�ticn on pe��es for viotating ifie oniinanc�e. � : Tcrm Schmidt, the City's arba�ist� h�ss Rrovided a iist of seven {7) addf�ional s�� �# unde�irable troe�, in�irr� w�k�vv, biac�C iocust, si�►r mapi+�, mulberry, tr��f-heaven, lornk�ardy papiar, and aibarian e1m. The removai a€trees des�gnat�i � ur�de�irabl� w�uld na#rec{uire repiat;�man#with new troes. ff the Commitxee a�rees,#t�c�se ir�e�wi11 bs addeci #o the Section Vi. 4 0#the tree pres+�rva�an ordinanc�e. 1'�S rang� a#pen f+ar o�ciin�nce vialstic:n varies wid�i�t from c;�mur�i�t to community, from $2�on the !ow e�d� $1,000 cyn tt�e hi�h er�d. 141so, ac�rr�e r�mmuni�e� c:cnsid�r�t a . . separa#e offens� for � tree damagec! c�r des#royed. Facc�rpta #rorn t�ther comm��' r���anve are att�d tcN your review. At the Committee's dtr��tiorti, Staffi wi� m�ke rrtodi�catlons to S��Xl,Adm€nistr�tian and Enfcrcem+ent. � �---- � w,_ �,._,�_ . , . _. _ - �., � � ;� ?„ _��x.� ':1 i : �i� � � � -.s: - 1 . � F � . � .. . .. ,_ �..._ _.... �/ Community Development Committee Meeting �`- June 3, 1999 Page Two ,�,_. next four t.o five yeaxs. Further discussion ensued regarding the availabilit� of the medical center parking lot and the old hospital property on Waukegan Avenue. High School Counselor Jerry Rankin noted the East Campus High School staff was also increasing and would negatively impact the availability of parking places for the students. Principal Carl also noted the high school administration approached the Methodist Church on John and 3rd Street requesting use of their parking lot. The Church Board expressed liability concerns and denied the request. It was the consensus of the committee to direct staff to complete a comprehensive study of the area, providing full council with a recommendation for consideration within the next 30-days. 'FRE� FRESERVATI�N n QRDINANCE Chairman McClatchey noted Parks and Recreation Department � employee, Tom Schmidt in attendance. Director Napolitano provided the committee with a brief historical background regarding the development of the tree preservation draft ordinance. In response to Alderman Bolger's inquiry, Mr. Schmidt noted the city currently has an ordinance in place regarding the removal of dead trees. Alderman Bolger also expressed his disapproval of permitting trees in the parkways. Mr. Schmidt suggested trees permitted in the parkway be restricted to the street side void of any utilities or inform developers to plant trees on the private property of homeowners in their front yards. The planting of trees in front yards would still give the street a "sheltered" look, but the care and maintenance would be the responsibility of the homeowner. Some discussion followed regarding the ordinance language. Clarification regarding Section IX, paragraph C was given. Replacement shall be limited to the species identified. In addition the provisions of the ordinance are limited to single family lots zoned residential in excess of two acres. Some discussion followed regarding the ten-inch diameter at breast height restriction. Residents in attendance suggested a six-inch diameter be considered. Alderman Glab expressed concern regarding the stated minimum fine of $25 as opposed to the stated $45 permit fee. He suggested it was � cheaper to violate than adhere to the ordinance. He recommended a per Community Development Committee Meeting �- June 3, 1999 Page Three . . _ J-,�- _ �.: acre fine is considered. A lengthy discussion ensued regarding the development of an appropriate mechanism to ef the comm tt esto d rect t he p e r m i t f e e a m o u n t. I t w a s t h e c o n s e n s u s o staff to investigate the tree preservation ordinances of other McHenry County municipalities and provide t he commi t tee wi t h re c o m m e n d a t i o n s to be considered at the next committee meeting on June 30�. In addition staff was directed to review and if necessary increase the list of undesirable trees found in Section VI, paragraph A, number 4. TEMPOR.ARY USE REGULATIONS Director Napolitano informed the committee as per council direction at the May 12, 1999 regularly scheduled meeting the Community Development Committee is to conduct a review of the City of McHenry's temporary use requirements. Temporary use requirements are addressed in Section III, paragraph K on page 67 of the City of McHenry Zoning Ordinance. Temporary uses may be permittee in any zoning �-' district, upon issuance of a Temporary Use Permit by the Community Development Department. The following temporary uses are allowed: 1-carnivals or circuses 2-sidewalk display and sale of bedding plants 3-sale of Christmas trees 4-temporary roadside display and sale of farm produce, artwork, or other merchandise 5-downtown or shopping center sidewalk sales Director Napolitano presented three recommendations for the committee to consider: 1)require temporary uses listed in Number 4 to receive Council approval. Each request can then be reviewed on a case-by-case basis and the use could be approved/denied based on developed approval criteria. 2]delete the terms art work, other merchandise and permit only farm produce to be sold at a roadside display. Also, farm produce should be limited to produce grown exclusively on the premise. 3]delete item 4 in its entirety. `.. `' TREE PRESERVATION ORDINANCE I. PURPOSE The tree preservation requirements specified herein are intended to foster aesthetically pleasing development that will protect and preserve the appearance, character, general health, safety, and welfare of the community; and, enhance property values. Specifically, these regulations are intended to increase the compatibility of adjacent uses by preserving natural areas that become buffers between uses and in doing so, minimize the harmful impact of noise, dust and other debris; motor vehicle headlight glare or other artificial light intrusions and other objectionable activities or impacts conducted, created by adjoining or nearby uses; reduce topsoil erosion and storm water runoff; reduce energy consumption through windbreak and shade; and preserve nesting for birds and wildlife. II. GENERAL SCOPE A. The provisions of this ordinance shall apply to the following private parcels of land. 1. Any subdivision of land in any zoning district resulting in the creation of three (3) or more lots. `- 2. All Single Family Residentially zoned lots larger than two (2) acres. 3. All Business Park, Industrial, Office, Attached Residential and Multi-Family Residential zoned property larger than one (1) acre. 4. All areas seeking annexation to the city. 5. Exceptions: a) Nurseries or orchards. III. TREE REMOVAL PERMIT REQUIRED A. No live tree measuring ten (10) inches in diameter at breast height (DBH) or greater, shall be removed from properties outlined in Section II without first oCtaining a Tree Removal Permit from the Community Development Department. Fcr purposes of this ordinance, DBH shall be considered to represent a height of fiffy-four (54) inches above the base of the tree. 1. Exceptions: a) 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 an emergency renders compliance with the permit process unreasonable. The individual who removes the tree shall first attempt to call the Community �, Development Department to obtain field permission to remove the tree. 1 If permission cannot be obtained due to unavailability of the Community � Development Department staff, the tree may be removed, provided the person removing the tree notifies the Community Development Department within forty-eight (48) hours of the removal of the tree and the reason for its removal. b) Where no tree on the parcel of land measures ten (10) inches DBH as verified by City staff. c) Properties for which a specific landscaping or tree preservation plan has been approved prior to the effective date of this ordinance pursuant to the terms of an annexation agreement or other specific agreement or ordinance applicable to such property. IV. GENERAL PROCEDURES FOR ALL APPLICATIONS A. In connection with a Site Development Permit, the Director of Community Development shall review the tree survey and tree preservation plan and either approve or deny the application. B. In connection with a subdivision, the Plan Commission shall review the tree survey and preservation plan and make a recommendation to the City Council for approval or denial. C. Where no subdivision of land or Site Development Permit is required, the Community Development Director shall review the tree survey and preservation plan and make a recommendation to the City Council for approval or denial. � V. SUBMITTAL REQUIREMENTS FOR PERMIT A. Any person requiring a Tree Removal Permit due to development, redevelopment, subdivision, new construction, expansion, structural alteration, or other improvement to private structures or property shall submit the following information to the Community Development Department: 1. A tree survey which shall consist of a plat of survey indicating the location, size and botanical and common name of all trees located on the parcel with a ten (10) inch DBH or greater. The tree survey shall also include all proposed structures and impervious areas and identify those trees for removal. 2. A written statement indicating the reasons for removal of tree(s). 3. A tree preservation plan which is the tree survey including a designation in plan form of the trees that are to be preserved and protected. The plan should include methods and procedures to be used for tree protection. B. Any person requiring a Tree Removal Permit on a parcel not undergoing site development, subdivision, or any work involving a building permit, the following information must be provided: 1. A plat of survey of the parcel. The location, size and species of tree(s) to be removed shall be noted on the survey as accurately as possible. `-- 2. A written statement indicating the reasons for removal of the tree(s). 2 1. Reasons for tree removal related to disease or good forestry practices may �, require justification in writing by a certified arborist. VI. TREE REMOVAL -_ _ A. When a person desires to remove a tree on a parcel of land covered under Section II GENERAL SCOPE, whether it is part of a site development or not, such removal shall be deemed justified where one or more of the following conditions are clearly demonstrated by the person seeking a tree removal or site development permit: 1. A tree creates a safety hazard to pedestrians, vehicle traffic, structures, utilities, or a threat to public safety. 1. The tree is incurably diseased or has been severely weakened hy age, storm, fire or other natural disaster. 1. Good forestry practice requires removal. Said forestry practice includes such considerations as to the number of healthy trees a given parcel of land will support. 1. Any one of the following trees may be removed and not subjected to the Tree Replacement Schedule in Section IX. Common Name Botanical Name a) Box Elder Acer negundo b) Chinese Elm Ulmus parvifolia � c) Poplar Populus (speciesl d) Cottonwood Populus deltoides e) Catalpa Caltalpa speciosa fl Choke Cherry Prunus virainiana al Willow Salix (species) h) Black Locust Robinia psuedo-acacia i) Silver Maple Acer saccharinum j) Mullberry Morus rubra J Tree-of-Heaven Ailanthus altissima I) Lombardv Poplar Populus niara m) Siberian Elm Ulmus pumila VII. CRITERIA FOR APPROVING A TREE PRESERVATION PLAN A. General design. B. Planting specifications. C. Extent of existing tree coverage and consideration that reasonable efforts are being taken to retain existing trees. D. Techniques for the preservation and protection of existing trees during construction. E. Ratio of non-deciduous to deciduous trees. F. Provisions for replacing trees destroyed or damaged and the planting of additional trees where desirable. G. General environmental considerations. � 3 VIII. TREE PROTECTION RIGHTS � A. The following tree protection techniques shall be employed during any work conducted on the site. The tree preservation plan shall specify the following: 1. All grading and construction equipment shall not encroach within the drip line of a tree. 2. Crushed limestone, hydrocarbons and other materials detrimental to trees shall not be placed within the drip line of any tree being preserved, nor at any higher location where drainage toward the tree could affect the health of the tree. 3. Appropriate protective fencing shall be temporarily installed at the periphery of the tree's drip line throughout the duration of site development and construction activities. 4. The area within the drip line of the trees shall remain free of building materials, dirt, fill and construction debris. 5. Methods used to preserve trees shall be clearly specified. Methods other than outlined in this section may be considered if demonstrated to be in keeping with good forestry practice and maintaining the highest viability. B. Tree protection measures may be temporarily suspended by the Community Development Director, but only if the Director determines suspension is necessary to complete the improvements on site. The owner/developer must notify the Community Development Department 48 hours prior to work being performed within areas under protection as indicated on the approved Tree Preservation Plan. � IX. TREE REPLACEMENT SCHEDULE A. Trees removed whether or not due to construction, site development or subdivision of land, shall be replaced according to the following schedule: ���e�+��� �T Tree(s) Removed Caliper (in inches DBH) # of Reqlacement Trees 30" or greater 3 18" —29" 2 10" — 17" 1 B. All replacement trees shall have a minimum caliper of four(4) inches measured to six (6) inches above the base of the tree. C. Replacement trees shall be limited to the foltowing species: Common Name Botanical Name Sugar Maple Acer saccarum Norway Maple Acer paltanoides Red Maple Acer rubrum Green Mountain Sugar Maple Acer saccharum "Green Mountain" �— Hackberry Celtis occidentalis 4 Hesse European Ash Fraxinus excelsior"Hessel" � Green Ash Fraxinus pennsulvanica Blue Ash Fraxinus quadragulata Thornless Honeylocust Gleditsia triacanthos inermis Northern Red Oak Quercus borealis Shingle Oak Quercus imbricaria Littleleaf Linden Tilia cordata Silver Linden Tilia tomenfosa � -• Crimean Linden Tilia x euchlora Pine (10' in height minimum) Spruce (10' in height minimum) Or as determined by the approving authority D. Oaks shall not be planted in paved or parking areas. E. In keeping with good forestry practice, if sufficient space is not available to plant replacement trees, the owner/developer shall pay the City $100.00 for each tree not planted in compliance with the replacement schedule. Said amount is to be utilized for tree planting or tree preservation programs operated by the City. X. FEES The fee for a Tree Removal Permit shall be forty five dollars ($45.00), payable upon the submittal of a Tree Removal Permit application. `' XI. ADMINISTRATION AND ENFORCEMENT , , , . . . � 5 `- �L�aNQu�N - �.:. U. Penaltv. Any person who violates any provision of this Section 5 . 15 shall be subject to a fine in accordance with the sums in Appendix B for each offense, and a separate offense' shall be deemed committed on each day during or on which a violation occurs to continues. Further, a separate offense shall be deemed committed for each tree injured, removed, destroyed or for any undertaking of any procedure, the result of which is to cause the death or substantial destruction of any tree, within the Village limits, havi.ng a diameter of 10 inches DBH or larger. �R�+YS (.,a Ic� (e) Penakty. Any person removing or destroying any Woodland, Mature Woodland or Significant Tree required to be presezved under the terms of this ordinance, or any person removing or deatroying any Ma- ture Tree(s) or Significant Tree(s) prior to the approval of a building `'' permit application and for the purpose of avoiding the preservatipn of Mature Tree(s} or Significant Tree(s) herein shall be subject to a fine of not more than �500 per Mature Tree or Signifi�ant Tree removed oz destroyed. A stop work order may be placed oa the site if, in the opinion of the Grayslake Building Department, it is aecessary. In addition, each Mature Tree or Significant Tree ao destroyed or removed, shall be re- • placed with a new tree of at least 5 iachea in caliper measured one fooe from the ground. The totzl sum of the calipers of replacement trees mu9t be equal to the total stun of the calipers of the trees being removed. In the event of a fraction of an inch� if a fra�tion is less than one/half inch or greater, the higher full number ahall be used. NtU�I DF��E.c t� SDCPION VI. PEIu1I.TY � Violations of any of the provisions set forth in this Ordinance ' . shall upon conviction be fined r�ot less than Fifty Dollars . ($50.00) and not more than Five H�a�dred Dollars ($500.00) for each offense. E�ch day during which a violation of euch eection(s) ,' oontinues st�all be aonstrued a aeparate and distinct offense. � � l.t6ERT�lv�u.E H. Violations and Pcnalties - No persoz shall conduct or cause to be conducted any operations contrary to or jn violation of any terms of this Ordinsnce. Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and each day during which any -violation of sny of the provisions of this , Ordinance is commjtted shall con�titute a separate offense. Upon conviction of any such violstion, such person, partnership, or corporation shall be punished by a fine of not more than five hundred dollars (g500.00) for each such offense. In addifi3on to any other penalty authorized by this section, any person, �artnership, or corporation convicted of violating any of the � provisions of this Ordinance shall be required to restore the site to the condition existing prior to commission of the violation, or to bear the expense of such restoration, which such expense may become an additional charge against any security posted by the permittee. W�5'r D�N DEE 7-7-22 PENALTY: Any person, firm or corporation wha vivlates any �rovision of this Chapter 7 shall be subject to a fine of not less than $100 nor more Chan $1,000 for each offense, plus the Village's cost of prosecution including reason�ble attorney's fees, and a separate offense shall be deemed committed on each day during or on which a vio?ation continues to occur. Further, a separate offense shall be dee:ned committed for each tree injuxed, removed, � destroyed or for ar.y undertaking of any procedure, the resulr o� �- which is to cause the death or substantial destx�ucti.on o£ any tree, within the village limite, having a diameter of 10 inches llBH or larger.